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HomeMy WebLinkAboutResolution 2020-100 N.C.S. 06/16/2020Resolution No. 2020-100 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, SUSPENDING FISCAL YEAR 2021 CONSUMER PRICE INDEX (CPI) FEE INCREASES FOR WATER AND WASTEWATER UTILITY FEES FROM JULY 1, 2020 UNTIL DECEMBER 31, 2020 WHEREAS, the City Council of the City of Petaluma ("City) has previously established fees and charges for City services, with the intent of recovering up to the City's estimated costs to provide such services; and WHEREAS, previously adopted fees and charges for City services include an annual adjustment factor to be applied by the City Manager on July 1St of every year by the percentage change in the Consumer Price Index — All Items Index (San Francisco -Oakland -San Jose); and WHEREAS, the COVID-19 pandemic has caused significant stress on the community resulting in a rise in unemployment countywide, business closures, limited ability to operate, and layoffs of employees; and WHEREAS, Petaluma recognizes the serious financial impacts that will be realized throughout the community resulting from the pandemic and values all in the community including the business community and the contributions it makes to the City's tax base, vitality, and local employment opportunities; and WHEREAS, in an effort to address the need during these unprecedented times, Petaluma has identified an opportunity to provide savings for customers of City services by suspending CPI fee adjustments for 6 months from July 1, 2020 until December 31, 2020 of the fiscal year, adjustments that typically go into effect annually on July 1St; and WHEREAS, while such savings may be minimal, they provide a reprieve from cost increases that would have otherwise occurred in the midst of very trying times; and WHEREAS, Petaluma will recognize reduced revenues in various City funds resulting from a suspension of CPI adjustments; and Resolution No. 2020-100 N.C.S. Page 1 WHEREAS, staff have analyzed the ability of all funds to accommodate such a suspension and based on that fund analysis all have sufficient cash flow to fund ongoing operations; and WHEREAS, the majority of funds will continue to maintain fund reserves that are either at the level designated by Council Policy or at a level considered a best practice by the Governmental Accounting Standards Board (GASB); and WHEREAS, to address those fund reserves that are below the target level, actions that include delaying a capital purchase or project can be taken to minimize the overall impact to fund reserves, and WHEREAS, staff is proposing suspension of CPI adjustments for Water and Wastewater utility fees from July 1, 2020 until December 31, 2020; and WHEREAS, the actions under consideration to suspend for a time CPI adjustments for some or all of the City's fees are statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15273 of the CEQA Guidelines as the modification of rates and other charges by public agencies which the public agency finds are for the purpose of meeting operating expenses, and obtaining funds for capital projects necessary to maintain service within existing service areas, because the temporary suspension of CPI adjustments to City fees being considered by the City Council would provide temporary relief for City fee payors while maintaining reserves at a level consistent with Council policy and Government Accounting Board ("GASB") best practices; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. Recitals Made Findings. The above recitals are hereby declared to be true and correct and are incorporated into this resolution as findings of the City Council. 2. Suspension of CPI Adjustments Exempt from CEQA. Suspension for a time of CPI adjustments for some or all of the City's fees is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15273 of the CEQA Guidelines as the modification of rates and other charges by public agencies which the public agency finds are for the purpose of meeting operating Resolution No. 2020-100 N.C.S. Page 2 expenses, and obtaining funds for capital projects necessary to maintain service within existing service areas. 3. Suspension of CPI Adjustments Authorized. The City Manager is hereby authorized to suspend the Consumer Price Index Fee Increase scheduled to take effect on July 1St, 2020 for the period of July 1, 2020 until December 31, 2020 for Water and Wastewater utility fees and that otherwise would take effect pursuant to Section 3.1 of Resolutions 2017-075 N.C.S. and 2017-076 N.C.S. 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this resolution is severable. If any section, paragraph, sentence, clause or phrase of this resolution is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. 5. Resolution Effective Immediately. This Resolution shall take effect immediately upon its adoption. 6. Expiration. This resolution will expire and cease to be of force and effect effective July 1, 2021. The authorization pursuant to this resolution to suspend CPI adjustments shall cease and CPI adjustments shall resume at that time without further action by the City Council. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved o Council of the City of Petaluma at a Regular meeting on the 15th day of June 2020, fo by the following vote: City Attorney AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk 4f Mayor Resolution No. 2020-100 N.C.S. Page 3