A. The City Council shall set the time and place of a public hearing to consider the establishment of any proposed area of benefit. Notice of the public hearing shall be given pursuant to Government Code Section 65091. Such notice shall contain preliminary information related to the boundaries of the proposed area of benefit, the estimated cost of the bridge(s) or major thoroughfare(s) to be financed from the fees proposed to be assessed within the proposed area of benefit and the proposed method of apportionment of fees to be assessed and collected within the area of benefit.

B. At any time not later than the hour set for hearing objections to the establishment of a proposed area of benefit, any owner of property to be benefited by the improvements proposed to be financed through the assessment and collection of fees within the area of benefit may file a written protest against the establishment of the area of benefit, the extent of the area of benefit, the improvements proposed to be financed or any combination thereof. Such protests must be in writing, must contain a description of the property for which the protest is being filed sufficient to identify such property and must be signed by the owner of such property. If the person signing such a protest is not shown on the last equalized assessment roll as the owner of the property for which the protest is being filed, the protest must be accompanied by written evidence that such signer is the owner of such property.

All protests must be delivered to the City Clerk and no other protest or objection shall be considered. Any protest may be withdrawn by the owner who made such protest if such withdrawal is in writing and is delivered to the City Clerk at a time prior to the conclusion of the public hearing.

C. If, at the conclusion of the public hearing, there is a written protest, filed with the City Clerk, by the owners of more than one-half of the area of the property within the proposed area of benefit, and sufficient protests are not withdrawn so as to reduce the area represented by such protests to less than one-half of the area of property within the proposed area of benefit, then the proceedings to establish the proposed area of benefit shall be abandoned, and the City Council shall not, for one year from the filing of the written protest, commence or carry on any proceedings for the establishment of the same area of benefit or the financing of the same improvements under this chapter.

If any majority protest is directed against only a portion of the subject improvements, then all further proceedings under the provisions of this chapter to construct or acquire that portion of the subject improvements so protested against shall be barred for a period of one year, but the City Council may commence new proceedings not including any part of the improvement so protested against. Nothing contained herein shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the establishment of an area of benefit to finance a portion of an improvement so protested against if the City Council finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property within the proposed area of benefit are in favor of going forward with that portion of the improvement or acquisition.

D. If, at the conclusion of the public hearing, the City Council finds that a majority protest has not been directed against the establishment of an area of benefit or all or a portion of the improvements benefiting such area of benefit, the City Council shall decide whether or not to establish the area of benefit. If the City Council decides to establish the area of benefit, it shall announce its decision by resolution, a certified copy of which shall be recorded in the office of the county recorder of the county of San Diego. Such resolution shall contain a description of the boundaries of the area of benefit; the costs, whether actual or estimated, of the improvements to be financed by the assessment and collection of fees within the area of benefit; and the method of fee apportionment. (Ord. 2511 § 1, 1992).