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6.2.E. - Page 7 <br />E. The protest was altered in a way that raises a fair question as to whether <br />the protest actually expresses the intent of a record owner or a customer <br />of record to protest the charges. <br />F. The protest was not received by the City Clerk before the close of the <br />public hearing on the proposed charges. <br />G. A request to withdraw the protest was received prior to the close of the <br />public hearing on the proposed charges. <br />12. City Clerk's Decisions Final. <br />The City Clerk's decision that a protest is not valid shall constitute a final action <br />of the City, and shall not be subject to any internal appeal. <br />13. Majority Protest. <br />A. A majority protest exists if written protests are timely submitted and not <br />withdrawn by the record owners of, or customers of record with respect to, <br />a majority (50% plus one) of the parcels subject to the proposed charge. <br />B. While the City may inform the public of the number of parcels served by <br />the City when a notice of proposed rates is mailed, the number of parcels <br />with active customer accounts served by the City on the date of the <br />hearing shall control in determining whether a majority protest exists. <br />14. Tabulation of Protests. <br />At the conclusion of the public hearing, the City Clerk shall tabulate all protests <br />received, including those received during the public hearing, and shall report the <br />results of the tabulation to the City Council. If the total number of protests <br />received is insufficient to constitute a majority protest, the City Clerk may <br />determine the absence of a majority protest without validating the protests <br />received, but may instead deem them all valid without further examination. <br />15. Report of Tabulation. <br />If at the conclusion of the public hearing the City Clerk determines that he or she <br />will require additional time to tabulate the protests, he or she shall so advise the <br />City Council, which may adjourn the meeting to allow the tabulation to be <br />completed on another day or days. If so, the City Council shall declare the time <br />and place of tabulation, which shall be conducted in a place where interested <br />members of the public may observe the tabulation, and the Council shall declare <br />the time at which the meeting shall be resumed to receive and act on the <br />tabulation report of the City Clerk. <br />ATTY /RESO /Reso. 2169 Prop 218 Protest <br />101311 <br />