HomeMy WebLinkAboutStaff Report 8125
City of Palo Alto (ID # 8125)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/22/2017
City of Palo Alto Page 1
Summary Title: Adopt Resolution to Revise Storm Drain Rate Schedule D-1
Title: Adoption of a Resolution Amending Utility Rate Schedule D -1 (General
Storm and Surface Water Drainage) to Implement the Storm Water
Management Fee Approved By Palo Alto Property Owners via Mail Ballot
Election on April 11, 2017
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council adopt a resolution amending the Storm Drain Rate
Schedule D-1 (Attachment A) to implement the new Storm Water Management
Fee approved by Palo Alto property owners via mail ballot election on April 11,
2017.
Background
On April 17, 2017, Council certified the results of the mail ballot election in which
Palo Alto property owners approved a new Storm Water Management Fee to
replace the City’s existing Storm Drain Fee (Attachment B). The Storm Drain Fee
fee was $13.03 per equivalent residential unit, and the new Storm Water
Management Fee will be $13.65. The existing Storm Drain Fee expires on June 1,
2017, and the new Fee will become effective on the same date.
Discussion
To implement the voter-approved changes, Council must approve the attached
Resolution (Attachment A) and Rate Schedule D-1 – General Storm and Surface
Water Drainage (Attachment C). Besides updating the Fee amount, Staff has
updated the name of the fee from Storm Drain Fee to Stormwater Management
Fee, consistent with the results of the ballot measure.
City of Palo Alto Page 2
Resource Impact
The staff resources necessary to implement the new Fee are not significant. The
Fee increase will generate additional revenue of $315,000 annually to fund captial
improvement projects and continue stormwater protection programs that keep
infrastructure clean and at peak performance, as recommended by the Strorm
Drain Blue Ribbon Committee.
Policy Implications
The adoption of the the new Fee is consistent with the placement on the Fee on
the ballot by Council and the property owner vote.
Environmental Review
The adoption of this change to the Utility Rate Schedule D-1 (General Storm and
Surface Water Drainage) for the purpose of meeting operating expenses,
purchase supplies and materials, meet financial reserve needs and obtain funds
for capital improvements necessary to maintain service is not subject to the
California Environmental Quality Act (CEQA), pursuant to California Public
Resources Code Sec. 21080(b)(8) and Title 14 of the California Code of Regulations
Sec. 15273(a).
Attachments:
Attachment A: Resolution amending the Storm Drain Rate Schedule D-1
Attachment B: RESO 9673 Reso Certifying the Storm Drain Election
Attachment C: Rate Schedule D-1 effective 6-1-2017
Not Yet Approved
170508 jb 6053953
Resolution No. ______
Resolution of the Council of the City of Palo Alto Amending Utility Rate
Schedule D-1 (General Storm and Surface Water Drainage) to Increase the
City’s Storm Water Management Fee by 62 Cents Per Month Per Equivalent
Residential Unit
R E C I T A L S
A. On August 29, 2016, by its adoption of Resolution No. 9624, the City Council (i)
proposed a new Storm Water Management Fee (the “Proposed Fee”) to replace the City’s
existing Storm Drainage Fee and (ii) approved the City’s “Procedures for the Conduct of Protest
Hearing and Mail Ballot Election in Connection with Proposed Storm Water Management Fee”
(the “Procedures”) to govern proceedings for the consideration of the Proposed Fee.
B. On October 24, 2016, following a properly noticed protest hearing at which it
was determined that a majority protest against the Proposed Fee did not exist, the City Council
adopted Resolution No. 9635, calling a mail ballot election for Tuesday, April 11, 2017 (the
“Election”) to submit the Proposed Fee to property owners.
C. The Election was conducted as directed by the City Council, and on April 17,
2017, by its adoption of Resolution 9673, the Council declared and certified that the Proposed
Fee was approved by the property owners in the Election.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility
Rate Schedule D-1 (General Storm and Surface Water Drainage) is hereby amended to read in
accordance with sheet D-1-1, attached hereto and incorporated herein. The foregoing Utility
Rate Schedule, as amended, shall become effective June 1, 2017.
SECTION 2. The Council finds as follows:
a.Revenues derived from the Fee approved by this resolution do not exceed the funds
required to provide storm and surface water drainage service.
b.Revenues derived from the Fee approved by this resolution shall not be used for any
purpose other than providing storm and surface water drainage service, and the
purposes set forth in Article VII, Section 2, of the Charter of the City of Palo Alto.
Attachment A
Not Yet Approved
170508 jb 6053953
c. The amount of the Fee imposed upon any parcel or person as an incident of
property ownership shall not exceed the proportional cost of providing the storm
and surface water drainage service attributable to the parcel.
SECTION 3. The Council finds that modification and approval of this change to the
Utility Rate Schedule D-1 (General Storm and Surface Water Drainage) for the purpose of
meeting operating expenses, purchase supplies and materials, meet financial reserve needs and
obtain funds for capital improvements necessary to maintain service is not subject to the
California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Sec.
21080(b)(8) and Title 14 of the California Code of Regulations Sec. 15273(a). After reviewing
the staff report and both related reports and their attachments (ID #7285, ID # 7143) presented
to Council regarding the Storm Water Management Fee, the Council incorporates these
documents herein and finds that sufficient evidence has been presented setting forth with
specificity the basis for this claim of CEQA exemption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ _____________________________
Senior Deputy City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Director of Administrative Services
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
April 17, 2017The Honorable City Council
Palo Alto, California
Adoption of a Resolution of the Council of the City of Palo Alto
Declaring the Results of the Mail Ballot Election in Connection with the
City’s proposed Storm water management fee
Recommended Motion
Staff recommends that Council adopt the attached Resolution declaring and certifying
the results of the Storm Water Management Fee mail ballot election.
Recommendation
Staff is requesting that Council declare and certify the results of the Storm Water
Management Fee mail ballot election which was held on Tuesday, April 11, 2017.
Background
The Palo Alto City Council established the Storm Drainage Fund and an associated
Storm Drainage Fee in 1989 as an independent means to fund municipal storm drain
capital improvements, maintenance, and storm water quality protection programs. The
fee was last authorized in a 2005 property owner election, and most of the current fee
will sunset in June 2017.
On August 29, 2016, Council adopted Resolution No. 9624 proposing a new Storm
Water Management Fee to replace the City’s existing Storm Drainage Fee, and
approving the City’s procedures to conduct a Protest Hearing and Mail Ballot Election in
connection with the proposed Storm Water Management Fee (the Procedures).
On October 24, 2016, after a protest hearing at which it was determined that a majority
protest against the proposed Fee did not exist, the City Council adopted Resolution
No. 9635 (the Election Resolution), calling a mail ballot election for Tuesday, April 11,
2017 to submit the proposed Fee to property owners, directing that the election be
conducted pursuant to the Procedures, and directing staff to conduct the election.
The election was conducted as directed by the City Council, and the City Clerk has
tabulated the ballots cast in the Election.
The results of the Election are as follows:
a.Total Ballots Returned and Not Withdrawn: __8257__.
b.Votes In Favor: _5161____.
c.Votes Opposed: __2931___.
ITEM NUMBER 9
Attachment B
Page 2
Environmental Review
Council’s adoption of a resolution declaring the results of a mail ballot election is
categorically exempt from California Environmental Quality Act review under CEQA
Guidelines Section 15061(b)(3), because these actions do not have the potential for
causing a significant effect on the environment. The Council’s review and adoption of a
funding mechanism for storm water management projects is not a project under CEQA
Guidelines Section 15378(b)(4), because a “project” does not include the creation of
government funding mechanisms which do not involve commitment to any specific
project which may result in a potentially significant environmental impact. Thus, no
environmental analysis is required at this time. Future CEQA review will occur based on
the selection of storm drain capital improvement projects that may be funded by the
proposed storm water management fees.
ATTACHMENTS:
Attachment A: RESO Palo Alto Storms Election Results Pass (DOCX)
Department Head: Beth Minor, City Clerk
1
Resolution No. ______
Resolution of the Council of the City of Palo Alto Declaring the Results
of the Mail Ballot Election in Connection with the City’s Proposed Storm Water
Management Fee
R E C I T A L S
A. On August 29, 2016, by its adoption of its Resolution No. 9624, the City Council
(i) proposed a new Storm Water Management Fee (the “Proposed Fee”) to replace the City’s
existing Storm Drainage Fee and (ii) approved the City’s “Procedures for the Conduct of Protest
Hearing and Mail Ballot Election in Connection with Proposed Storm Water Management Fee”
(the “Procedures”) to govern proceedings for the consideration of the Proposed Fee.
B. A complete description of the Proposed Fee is attached hereto as Exhibit “A”,
which is attached hereto and incorporated herein by reference.
C. On October 24, 2016, following a properly noticed protest hearing at which it
was determined that a majority protest against the Proposed Fee did not exist, the City Council
adopted its Resolution No. 9635 (the “Election Resolution”).
D. The Election Resolution (i) called a mail ballot election for Tuesday, April 11,
2017 (the “Election”) to submit the Proposed Fee to property owners; (ii) directed that the
Election be conducted pursuant to the Procedures; and (iii) directed staff to conduct the
Election.
E. The Election was conducted as directed by the City Council, and the City Clerk
has tabulated the ballots cast in the Election.
F. The City Council desires to declare the results of the Election.
NOW, THEREFORE, the City Council does hereby resolve as follows:
SECTION 1. The City Council declares and certifies that the results of the Election are as
follows:
a. Total Ballots Returned and Not Withdrawn: 8,257.
b. Votes In Favor: 5,161.
c. Votes Opposed: 2,931.
SECTION 2. The City Council declares that the Proposed Fee has been approved by the
property owners in the Election.
2
SECTION 3. The City Council may, by future action, levy the Proposed Fee at any rate
that does not exceed the rate set forth in Exhibit “A” as adjusted by the inflation adjustment set
forth in Exhibit “A”.
SECTION 4. The Council finds that this resolution, declaring the results of a mail ballot
election is categorically exempt from California Environmental Quality Act review under CEQA
Guidelines Section 15061(b)(3), because these actions do not have the potential for causing a
significant effect on the environment. The Council’s review and adoption of a funding
mechanism for storm water management projects is not a project under CEQA Guidelines
Section 15378(b)(4), because a “project” does not include the creation of government funding
mechanisms which do not involve commitment to any specific project which may result in a
potentially significant environmental impact. Thus, no environmental analysis is required at
this time. Future CEQA review will occur based on the selection of storm drain capital
improvement projects that may be funded by the proposed storm water management fees.
INTRODUCED AND PASSED: __________, 2017
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Public Works
____________________________
Director of Administrative Services
3
EXHIBIT “A”
DESCRIPTION OF THE PROPOSED STORM WATER MANAGEMENT FEE
A. Overview
The proposed Storm Water Management Fee would have two components:
A Base Component
A Projects and Infrastructure Component
B. Proposed Rates (Effective June 1, 2017)
The Proposed Rate for the Storm Water Management Fee effective June 1, 2017 is:
$13.65 per ERU (Equivalent Residential Unit) per month.
This is comprised of:
Base Component of $7.48 per ERU per month; and
Projects and Infrastructure Component of $6.17 per ERU per month
C. Inflation Adjustment
In order to offset the effects of inflation on labor and material costs, the maximum rate for the
Storm Water Management Fee (and each component of the Storm Water Management Fee)
will be increased annually each July 1 (beginning July 1, 2018), by the lesser of (i) the
percentage change in the Consumer Price Index [CPI] for the San Francisco-Oakland-San Jose
CSMA, published by the United States Department of Labor, Bureau of Labor Statistics during
the prior calendar year or (ii) 6%.
The City Council would have the authority to set the rate for the Storm Water Management Fee
(and each component of the Storm Water Management Fee) at any rate that is less than or
equal to the inflation adjusted maximum rate.
D. Duration
1) Base Component
The Base Component would be charged monthly, beginning June 1, 2017, until terminated by
the City Council.
4
2) Projects and Infrastructure Component
The Projects and Infrastructure Component would be charged monthly, beginning June 1, 2017.
Unless further extended by the voters, the Projects and Infrastructure Component would no
longer be charged beginning June 1, 2032.
E. Method of Collection and Calculated
The Storm Water Management Fee would be collected and calculated in the manner set forth
in City of Palo Alto Utilities Rule and Regulation No. 25, subject to the exemptions set forth in
this Section E.
As a general rule, ERU's are assigned to each parcel subject to the fee on the following basis:
Single-Family Residential Parcels:
Lot Size ERU's
<6,000 sq. ft. 0.8 ERU
6,000 - 11,000 sq. ft. 1.0 ERU
>11,000 sq. ft. 1.4 ERU
All Other Improved Parcels:
Number of ERU = Impervious Area (Sq. Ft.) / 2,500
Assigned ERU's are rounded to the nearest one-tenth of an ERU.
Unimproved parcels are not subject to the Storm Water Management Fee, and the fee will not
be charged for developed parcels that (i) have their own maintained storm drainage facility or
facilities, and which do not utilize City facilities or (ii) make no substantial contribution of storm
or surface water to the City's storm drainage facilities.
For a more complete description of the manner of collection and calculation of the Storm
Water Management Fee, reference is made City of Palo Alto Utilities Rule and Regulation No.
25.
F. Use of Funds
Proceeds of the Storm Water Management Fee would be available to the City exclusively to pay
for:
(A) Improving the quality of storm and surface water;
(B) The operation, maintenance, improvement and replacement of existing City storm
drainage facilities; and
(C) The operation, maintenance, and replacement of future such facilities.
5
Permissible uses would include, but not be limited to, Green Storm Water Infrastructure
programs (including financial incentives to property owners) intended to reduce the quantity of
storm water entering the City's public storm water system or to improve the quality of storm
water before it enters that system through measures including, but not limited to, rain gardens,
rain barrels/cisterns, green roofs, tree wells, bioretention/infiltration basins and planters, and
permeable pavement.
G. Oversight provision for proposed fee increase
The City Council would appoint an oversight committee to monitor and review expenditures for
all storm water funding elements, including, but not limited to, Green Storm Water
Infrastructure projects, storm water Capital Improvement Program projects, and Incentive
Project funding and ensure that the money raised from the increased storm water management
fee is spent in accordance with this resolution. The Committee would be empowered to
consider and recommend consolidation of Green Storm Water Infrastructure and Incentive
Project funding for particular projects. The City Council may choose to retain the members of
the existing Council-appointed Storm Drain Oversight Committee to perform this oversight
function. The oversight committee would report its findings to the City Council at least
annually.
H. Pay-as-you-go funding of capital improvements
The storm drain capital improvements to be funded through the proposed Storm Water
Management Fee would be paid for on a pay-as-you-go basis, without debt financing.
170417 jb 6053948 1
Resolution No. 9673
Resolution of the Council of the City of Palo Alto Declaring the Results
of the Mail Ballot Election
Management Fee
R E C I T A L S
A. On August 29, 2016, by its adoption of its Resolution No. 9624, the City Council
(i)
existing Storm Drainage Fee and
B. A complete descri
which is attached hereto and incorporated herein by reference.
C. On October 24, 2016, following a properly noticed protest hearing at which it
was determined that a majority protest against the Proposed Fee did not exist, the City Council
adopted its Resolution No. 9635 .
D. The Election Resolution (i) called a mail ballot election for Tuesday, April 11,
2017 to submit the Proposed Fee to property owners; (ii) directed that the
Election be conducted pursuant to the Procedures; and (iii) directed staff to conduct the
Election.
E. The Election was conducted as directed by the City Council, and the City Clerk
has tabulated the ballots cast in the Election.
F. The City Council desires to declare the results of the Election.
NOW, THEREFORE, the City Council HEREBY resolves as follows:
SECTION 1. The City Council declares and certifies that the results of the Election are as
follows:
a. Total Ballots Returned and Not Withdrawn: 8,257.
b. Votes In Favor: 5,161.
c. Votes Opposed: 2,931.
SECTION 2. The City Council declares that the Proposed Fee has been approved by the
property owners in the Election.
DocuSign Envelope ID: E3D306D8-BB1C-44A1-878F-0C7D65C7BCDE
170417 jb 6053948 2
SECTION 3. The City Council may, by future action, levy the Proposed Fee at any rate
as adjusted by the inflation adjustment set
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DocuSign Envelope ID: E3D306D8-BB1C-44A1-878F-0C7D65C7BCDE
170417 jb 6053948 3
SECTION 4. The Council finds that this resolution, declaring the results of a mail ballot
election is categorically exempt from California Environmental Quality Act review under CEQA
Guidelines Section 15061(b)(3), because these actions do not have the potential for causing a
mechanism for storm water management projects is not a project under CEQA Guidelines
of government funding
mechanisms which do not involve commitment to any specific project which may result in a
potentially significant environmental impact. Thus, no environmental analysis is required at
this time. Future CEQA review will occur based on the selection of storm drain capital
improvement projects that may be funded by the proposed storm water management fees.
INTRODUCED AND PASSED: April 17, 2017
AYES: DUBOIS, FILSETH, FINE, HOLMAN, KNISS, KOU, SCHARFF, TANAKA, WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Public Works
Director of Administrative Services
DocuSign Envelope ID: E3D306D8-BB1C-44A1-878F-0C7D65C7BCDE
170417 jb 6053948 4
DESCRIPTION OF THE PROPOSED STORM WATER MANAGEMENT FEE
A. Overview
The proposed Storm Water Management Fee would have two components:
A Base Component
A Projects and Infrastructure Component
B. Proposed Rates (Effective June 1, 2017)
The Proposed Rate for the Storm Water Management Fee effective June 1, 2017 is:
$13.65 per ERU (Equivalent Residential Unit) per month.
This is comprised of:
Base Component of $7.48 per ERU per month; and
Projects and Infrastructure Component of $6.17 per ERU per month
C. Inflation Adjustment
In order to offset the effects of inflation on labor and material costs, the maximum rate for the
Storm Water Management Fee (and each component of the Storm Water Management Fee)
will be increased annually each July 1 (beginning July 1, 2018), by the lesser of (i) the
percentage change in the Consumer Price Index [CPI] for the San FranciscoOaklandSan Jose
CSMA, published by the United States Department of Labor, Bureau of Labor Statistics during
the prior calendar year or (ii) 6%.
The City Council would have the authority to set the rate for the Storm Water Management Fee
(and each component of the Storm Water Management Fee) at any rate that is less than or
equal to the inflation adjusted maximum rate.
D. Duration
1) Base Component
The Base Component would be charged monthly, beginning June 1, 2017, until terminated by
the City Council.
DocuSign Envelope ID: E3D306D8-BB1C-44A1-878F-0C7D65C7BCDE
170417 jb 6053948 5
2) Projects and Infrastructure Component
The Projects and Infrastructure Component would be charged monthly, beginning June 1, 2017.
Unless further extended by the voters, the Projects and Infrastructure Component would no
longer be charged beginning June 1, 2032.
E. Method of Collection and Calculated
The Storm Water Management Fee would be collected and calculated in the manner set forth
in City of Palo Alto Utilities Rule and Regulation No. 25, subject to the exemptions set forth in
this Section E.
As a general rule, ERU's are assigned to each parcel subject to the fee on the following basis:
SingleFamily Residential Parcels:
Lot Size ERU's
<6,000 sq. ft. 0.8 ERU
6,000 11,000 sq. ft. 1.0 ERU
>11,000 sq. ft. 1.4 ERU
All Other Improved Parcels:
Number of ERU = Impervious Area (Sq. Ft.) / 2,500
Assigned ERU's are rounded to the nearest onetenth of an ERU.
Unimproved parcels are not subject to the Storm Water Management Fee, and the fee will not
be charged for developed parcels that (i) have their own maintained storm drainage facility or
facilities, and which do not utilize City facilities or (ii) make no substantial contribution of storm
or surface water to the City's storm drainage facilities.
For a more complete description of the manner of collection and calculation of the Storm
Water Management Fee, reference is made City of Palo Alto Utilities Rule and Regulation No.
25.
F. Use of Funds
Proceeds of the Storm Water Management Fee would be available to the City exclusively to pay
for:
(A) Improving the quality of storm and surface water;
(B) The operation, maintenance, improvement and replacement of existing City storm
drainage facilities; and
(C) The operation, maintenance, and replacement of future such facilities.
DocuSign Envelope ID: E3D306D8-BB1C-44A1-878F-0C7D65C7BCDE
170417 jb 6053948 6
Permissible uses would include, but not be limited to, Green Storm Water Infrastructure
programs (including financial incentives to property owners) intended to reduce the quantity of
storm water entering the City's public storm water system or to improve the quality of storm
water before it enters that system through measures including, but not limited to, rain gardens,
rain barrels/cisterns, green roofs, tree wells, bioretention/infiltration basins and planters, and
permeable pavement.
G. Oversight provision for proposed fee increase
The City Council would appoint an oversight committee to monitor and review expenditures for
all storm water funding elements, including, but not limited to, Green Storm Water
Infrastructure projects, storm water Capital Improvement Program projects, and Incentive
Project funding and ensure that the money raised from the increased storm water management
fee is spent in accordance with this resolution. The Committee would be empowered to
consider and recommend consolidation of Green Storm Water Infrastructure and Incentive
Project funding for particular projects. The City Council may choose to retain the members of
the existing Councilappointed Storm Drain Oversight Committee to perform this oversight
function. The oversight committee would report its findings to the City Council at least
annually.
H. Payasyougo funding of capital improvements
The storm drain capital improvements to be funded through the proposed Storm Water
Management Fee would be paid for on a payasyougo basis, without debt financing.
DocuSign Envelope ID: E3D306D8-BB1C-44A1-878F-0C7D65C7BCDE
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GENERAL STORM AND SURFACE WATER DRAINAGE
UTILITY RATE SCHEDULE D-1
CITY OF PALO ALTO UTILITIES
Issued by the City Council
Effective 6-1-2017
Supersedes Sheet No.D-1-1 dated 7-1-2016 Sheet No.D-1-1
A. APPLICABILITY:
This schedule applies to all storm and surface water drainage service, excepting only those users and
to the extent that they are constitutionally exempt under the Constitution of the State of California or
who are determined to be exempt pursuant to Rule and Regulation 25.
B. TERRITORY:
Inside the incorporated limits of the city of Palo Alto and land owned or leased by the city.
C. RATES:
Per Month:
Stormwater Management Fee per Equivalent Residential Unit (ERU) ........................................$13.65
D. SPECIAL NOTES:
1. An Equivalent Residential Unit (ERU) is the basic unit for computation of stormwater
managemetn fees for residential and non-residential customers. All single-family residential
properties shall be billed the number of ERUs specified in the following table, based on an
analysis of the relationship between impervious area and lot size for Palo Alto properties.
RESIDENTIAL RATES (Single-Family Residential Properties
PARCEL SIZE (sq.ft.) ERU
<6,000 sq.ft. 0.8 ERU
6,000 - 11,000 sq.ft. 1.0 ERU
>11,000 sq.ft. 1.4 ERU
All other properties will have ERU's computed to the nearest 1/10 ERU using the following
formula:
No. of ERU = Impervious Area (Sq. Ft.)
2,500 Sq. Ft.
2. For more details on the storm drainage fee, refer to Utilities Rule and Regulation 25.
{End}