TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: CITY MANAGER

DATE: OCTOBER 3, 2006

SUBJECT: STORM DRAIN USER FEE

RECOMMENDATION
Discuss possible storm drain user fee alternatives and authorize the City Attorney to explore legal issues related to various alternatives suggested by Council members.

BACKGROUND
At their September 5, 2006 meeting, the City Council received and filed the City Clerk’s Certification that the Petition to Repeal the Storm Drain User Fee qualified for the ballot for the City’s next regular municipal election, which in this case would be held on November 6, 2007.

Also at the September 5, 2006 Council meeting, Councilman Gardiner suggested that he would be interested in bringing back a proposal for an alternative to the existing storm drain user fee.

At their September 19, 2006 meeting, Mayor Pro Tem Long indicated that he and Councilman Gardiner had discussed the idea of exploring alternatives to the current storm drain user fee and were interested in working together to develop a proposal for consideration by the City Council. Mayor Pro Tem Long asked that an item be placed on this City Council agenda that would authorize the City Attorney to research legal issues related to election law and the legality of fees and parcel taxes in response to questions that he and Councilman Gardiner may have in developing a proposal to bring back to the entire City Council.

Councilman Clark asked that the agenda item be broad enough that the City Council could discuss whether or not there was sentiment among Councilmembers to explore storm drain user fee alternatives.

DISCUSSION
As understood by staff the City Council will be discussing issues related to the storm drain user fee ballot initiative set for the November 6, 2007 ballot including:
- Is there a consensus that alternatives to the existing storm drain user fee should be explored?
- Are there currently any specific proposals that a Councilmember would like to discuss or direct staff (City Attorney) to analyze?
- Should the City Attorney be directed to research the legality of various storm drain user fee proposals suggested by Mayor Pro Tem Long and Councilman Gardner?
- Should the City Attorney be directed to research legal issues regarding storm drain user fee proposals in response to an inquiry by any Councilmember?

Respectfully submitted:

Les Evans
City Manager