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HomeMy WebLinkAboutRESO 7996RESOLUTION NO. 7996 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CALLING A SPECIAL MAIL BALLOT ELECTION FOR TUESDAY, SEPTEMBER 26, 2000 FOR SUBMITTAL OF A STORM DRAINAGE FEE INCREASE TO OWNERS OF REAL PROPERTY SUBJECT TO THE FEE WHEREAS, revenue from the City's storm drainage fee is not sufficient to support either the ongoing operations and maintenance or capital improvements to the City's storm drainage system; and WHEREAS, Article XIIID of the California Constitution ("Proposition 218") requires the City to follow certain procedural and substantive requirements when proposing to increase "property- related" fees; and WHEREAS, the City has determined that the storm drainage fee is a "property-relat~d" fee, subject to Proposition 218; and WHEREAS, before increasing the storm drainage fee, the City Council must hold a noticed public hearing to consider protests to the proposed fee increase and, if a majority protest . is not received at the public hearing, the Council must submit the question of the fee increase to a vote of the owners of the property subject to the fee; and WHEREAS, pursuant to Ordinance No. 4 64 7 and Resolution No. 7 97 4, the City Council authorized the use of a mail ballot election for the purpose of submitting the proposed storm drainage fee increase to the owners of real property subject to the fee; and WHEREAS, in accordance with Proposition 218 and with the procedures established by Resolution No. 7 97 4, the City Council has held a duly noticed public hearing on the matter of a proposed increase to the storm drainage fee. II II II II II 1 000808 cl 0032370 NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Council has: (a) reviewed the written report containing a list of all parcels to which the fee increase is proposed to apply and the proposed fee increase for each property, as described in Section Dl of the procedures established by Resolution No. 7 97 4 ("the Report"); (b) heard all persons owning real property subject to the storm drainage fee; (c) hea~d all objections, protests, or other written communications from any persons owning real property subject to the fee; (d) taken and received oral and documentary evidence pertaining to the proposed fee increase; (e) remedied and corrected any clerical error or informality in the Report; (f) corrected any minor defects in the proceedings; (g) revised and corrected any of the acts or determinations of any City officers or employees, as contained therein; and is fully informed of the matter. SECTION 2. The Council hereby confirms the Report referred to in Section 1 and each of the proposed fee increases therein. SECTION 3. The Council determines that written protests have not been received from property owners representing a majority of the parcels subject to the proposed fee increase. SECTION 4. The Council hereby calls a special election, to be held solely by mail ballot, for the purpose of submitting the fee increase to a vote of the property owners of parcels subject to the proposed fee increase. The date of the election shall be Tuesday, September 26, 2000. Ballots must be received by the City Clerk no later than 8:00 p.m. on the date of the election. 2 000808 cl 0032370 SECTION 5. At the special election called by resolution, the following question shall be submitted to property owners voting: City of Palo Alto Official Property Owner Ballot Shall the proposed storm drain utility fee increase, including the inflation adjustment index, be approved? this the SECTION 6. The special election called by this resolution shall be conducted in accordance with procedures adopted by Resolution No. 7974. No impartial analysis by the City Attorney shall be required and no arguments for or against the proposed fee shall be filed. SECTION 7. The Council finds that this resolution does not constitute a project subject to the California Environmental Quality Act. INTRODUCED AND PASSED: August 7, 2000 AYES: NOES: BEECHAM, EAKINS, MOSSAR, OJAKIAN ABSTENTIONS: ABSENT: BURCH APPROVED AS TO FORM: s 000808 cl 0032370 FAZZINO, 3 KLEINBERG, KNISS, LYTLE, APPROVED: