EXHIBIT 12-A

 

PROCESS FOR IMPLEMENTING

ALTERNATIVE COLLECTION MECHANISM FOR USER FEE

 

STEP

ACTION

WHEN

1.      

Prepare report of General Counsel in support of District authority to collect rates, charges, and user fees through contract with County Assessor on tax bills.

Complete

2.      

Approve consultant to prepare draft report to support the Ordinance for collection on the Assessor’s roll.  Prepare report.  Describe each real property receiving services and the amount of the charge for each parcel for the year, computed in conformance with the proposed ordinance. [Assumes no RFP; Sole source contract]

February 23

3.      

First reading of the proposed rate ordinance by the MPWMD Board of Directors. Requires two-thirds vote.  Board sets the second reading date and public hearing date for June 18.

April 16

4.      

For Prop. 218 compliance, mail notice of public hearing to the record owner of each parcel upon which the fee or charge is proposed to be imposed.  The notice must include:

  a.  the amount of the fee on that parcel

  b.  the basis for calculating the fee or charge

  c.  the reason for the fee or charge

  d.  the time, date and location of the protest hearing

Must also mail notice to the record owner’s address shown on the last equalized assessment roll if that address is different than the billing or service address.  [At least 45 days before public protest hearing]

May 3

5.      

Publish notice of protest hearing once a week for 2 successive weeks, with 5 days between publication dates. 

May 4

6.      

District mails notice of public hearing to interested parties who have filed written request within prior year [At least 14 days before hearing.]

June 4

7.      

District makes available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which charges are levied and the revenue sources anticipated to provide the service, including other sources of revenue. [At least 10 days before hearing.]

June 7

8.      

District publishes summary of proposed ordinance and posts certified copy of full text of proposed ordinance in District office [5 days before meeting]

June 13

9.      

Hold Prop. 218 public hearing on protests.  If a majority of owners or tenants of identified parcels present written protests, the District may not impose the charges. [Not less than 45 days after notice is mailed]

June 18

10.   

Second reading of the proposed rate increase ordinance by the MPWMD Board of Directors.  Requires two-thirds vote.  Board adopts report.  [Ordinance will need to have effective date of July 1 written into it, otherwise effective date is 30 days after adoption.]

June 18

11.   

Board adopts 2012/2013 operating and capital budget by resolution

June 18

12.   

User Fee effective date

July 1

13.   

File with County Assessor a copy of the report prepared pursuant to Section 5473 of Health & Safety Code and state the report has been adopted by the Board.  Database of collections transferred to Assessor’s office and entered against respective parcels.[H&S Code indicates August 10th, but Monterey County desires data by August1]

By August 1

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