HomeMy WebLinkAboutRESO 100956056674
RESOLUTION NO. 10095
Resolution of The City Council of The City of Palo Alto Adopting
Guidelines For The Submission And Tabulation of Protests In
Connection with Rate Hearings Conducted Pursuant To Article XIIID,
Section 6 of The California Constitution; Repealing And Replacing Resolution 8815
WHEREAS, Article XIII D, Section 6 of the California Constitution requires the City to
consider written protests to proposed increases to certain utility rates; and
WHEREAS, this constitutional provision does not offer specific guidance as to who is
allowed to submit protests, how written protests are to be submitted, or how the City is to tabulate the
protests; and
WHEREAS, in 2008 by its Resolution No. 8815, this Council adopted guidelines to govern
these matters; and
WHEREAS, the City Council desires to update those guidelines to permit protests to be
submitted by email, and to repeal and replace Resolution No. 8815.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City Council adopts the guidelines for the submission and tabulation of
protests attached as Exhibit “A” and incorporated by reference.
//
//
//
//
//
//
//
//
//
//
//
DocuSign Envelope ID: 9292839E-363C-4B28-88B1-A213770DAEC3
6056674
//
//
SECTION 2. The City Council repeals Resolution No. 8815 and directs that it be replaced by
the Resolution adopted today.
INTRODUCED AND PASSED: February 13, 2023
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
________________________________ ________________________________
City Clerk Mayor
________________________________ ________________________________
Assistant City Attorney City Manager
________________________________
Director of Utilities
DocuSign Envelope ID: 9292839E-363C-4B28-88B1-A213770DAEC3
6056674 1
EXHIBIT A
City of Palo Alto, California
GUIDELINES FOR THE SUBMISSION AND TABULATION OF PROTESTS
Where notice of a public hearing with respect to a utility rate increase has been given by the City
pursuant to Article XIII D, Section 6 of the California Constitution, the following shall apply:
Submission of Protests
1.Any property owner or utility customer may submit a written protest to the City Clerk, either by
delivery to the Office of the City Clerk during its business hours or by submitting the protest to the
City Clerk (or his or her designee) at the public hearing. Protests must be received no later than
the end of the public testimony portion of the public hearing. Protests received after that
deadline, even if postmarked or emailed prior to the deadline, cannot be accepted.
2.Each protest must (i) state that it is a protest against the utility rate increase, (ii) identify the
property owner or utility customer making the protest, (iii) identify the affected property or
service location (by assessor’s parcel number, street address, or utility account number) and (iv)
include the signature of the person making the protest.
3.The notice of the public hearing may designate an email address at which written protests will be
accepted. If an email address is so designated, the City will treat PDF files sent to the email
address as written protests so long as (i) the PDF file contains all information (including a
signature) required by these guidelines to be included in a written protest, and (ii) the PDF file is
received at the email address no later than the date and time indicated on the notice as the
deadline for email submissions.
4.To be valid, signatures on protests sent via email must be provided via either (i) a document that
has been signed and scanned, or (ii) an electronically signed document. Emails that do not
contain a valid signature, for example emails that close with a typed name, will not be accepted.
5.Although oral comments at the public hearing will not qualify as a formal protest unless
accompanied by a written protest, the City Council welcomes input from the community during
the public hearing on the proposed fees.
6.If a parcel of property served by the City has multiple property owners or customers, a maximum
of one written protest will be counted for the parcel and any one written protest submitted in
accordance with these rules will be sufficient to count as a protest for that property.
7.If more than one type of fee (i.e., water, refuse) is proposed for increase on the notice of public
hearing, then a person submitting a protest may indicate whether the protest is submitted with
respect to all fees proposed for increase or only some of the fees proposed for increase.
8.Any person who submits a protest may withdraw it by submitting to the City Clerk a written
request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient
information to identify the affected parcel and the name of record owner or customer who
submitted both the protest and the request that it be withdrawn.
9.A fee protest proceeding is not an election.
DocuSign Envelope ID: 9292839E-363C-4B28-88B1-A213770DAEC3
6056674 2
10.To ensure transparency and accountability in the fee protest tabulation, protests are disclosable
public records once they are received by the City.
11.For purposes of these guidelines, property ownership includes tenancies of real property as is set
forth in Article XIII D, Section 2(g) of the California Constitution.
12.If the person submitting the protest was not the addressee of a mailed notice of public hearing, he
or she should include with the protest an explanation (and written proof if available) of how he or
she is an owner or customer of the parcel of real property for which the protest was submitted.
Tabulation of Protests
1.The City Clerk shall determine the validity of all protests. The City Clerk shall not accept as valid
any protest if the City Clerk determines that any of the following conditions exist:
a.The protest does not identify a property receiving the utility service that is the subject of
the hearing.
b.The protest does not bear the signature of an owner of the parcel identified on the
protest or a customer with respect to the parcel identified on the protest.
c.The protest does not state its opposition to the proposed fees.
d.The protest was not timely received by the City Clerk.
e.A request to withdraw the protest is received prior to the close of the public input
portion of the hearing on the proposed fees.
2.If a protest does not state that it is limited to a specific utility service (i.e. water, sewer), then the
City Clerk shall consider it to be a protest with respect to all services set forth on the notice of
public hearing that are provided to the property.
3.The City Clerk’s decision that a protest is not valid or does not apply to a specific fee shall
constitute a final action of the City and shall not be subject to any internal appeal.
4.A majority protest exists if written protests are timely submitted and not withdrawn by the record
owners of, or customers with respect to, a majority (50% plus one) of the parcels of real property
subject to the proposed fee.
5.At the conclusion of the public hearing, the City Clerk shall complete the tabulation of all protests
timely received and shall report the results of the tabulation to the City Council upon completion.
If review of the protests timely received demonstrates that the number received is manifestly less
than one-half of the parcels served by the City with respect to the fee which is the subject of the
protest, then the Clerk may advise the City Council of the absence of a majority protest without
determining the validity of all protests. If, owing to the number of protests received, the City Clerk
determines that he or she will not be able to complete the tabulation at the Council meeting at
which the hearing was conducted, the City Clerk may announce a time and place at which he or
she will tabulate the protests and may delay his or her announcements of the results to a
subsequent meeting of the City Council. Any tabulation must be done in a location where it can
be observed by the public.
DocuSign Envelope ID: 9292839E-363C-4B28-88B1-A213770DAEC3