HomeMy WebLinkAboutResolution No. 17-7692-Amend Fee Schedule-Electrical Vehicle Charging StationsRESOLUTION OF • OF OF DOWNEY
STATIONS AMENDING RESOLUTION NO. 16-7648 AMENDING THE CITY'S UNIFORM
SCHEDULE OF FEES BY ADOPTING NEW FEE FOR USE OF THE CITY'S
ELECTRICAL VEHICLE CHARGING
WHEREAS, in December 2016 the City has installed electrical vehicle charging stations
at various city facilities to support the city's efforts to improve air quality and reduce greenhouse
gas emissions within the city; and,
WHEREAS, the city has the option to establish charges to recover costs associated with
the maintenance, operation, administration and energy consumption of the electrical vehicle
charging stations; and,
WHEREAS, the City Council is of the opinion also that the charges established for such
services should equate to the direct cost thereof to the City of Downey; and,
WHEREAS, in November 2010, California voters approved Proposition 26, which
amended Article XIIIC of the State Constitution regarding the adoption of fees and taxes and
provides that any "fee" enacted by state, county or local government is deemed a "tax" and
requires voter approval, unless it falls within one of seven exceptions; and,
WHEREAS, the proposed Department fees, rates and charges are exempt from
Proposition 26's voter approval requirement and fall under the following exceptions: (1) where
the payer of the fee is receiving a special benefit or privilege; _(2) where the payer of the fee is
receiving a specific government service or product; (3) where the payer of the fee is covering
the reasonable regulatory costs relating to licenses, permits, investigations, inspections, audits,
and related enforcement activities; (4) where the payer is charged for entrance to or use of local
government property or the purchase, rental or lease of government property; and (5) where
the payer is charged a fee as a condition of property development or construction; and,
WHEREAS, the proposed electrical vehicle charging fees, rates and charges do not
exceed the cost of providing the services provided by the City; and,
WHEREAS, the City Council held a public hearing on February 14, 2017 of 6:30 p.m. to
receive public comment regarding the proposed fees.
NOW, THEREFORE, • OF OF DOWNEY DOES
RESOLVE HEREBY • •
SECTION 1. Having considered all of the oral testimony presented to it at the public hearing,
the City Council hereby approves exemption of electric vehicle charging fees for City
employees, Committee members, Commissioners, and City Council and further approves the
following amendment to Resolution No. 16 -7648:
Electrical vehicle charging fee
Unit Char a
Per kilowatt -hour $025 -
(kWh)
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 14th day of Feb«ruam
FERNANDO ASQUEZ, Mayor
HEREBY CERTIFY that the foregoing Resolution was adopted < by the City Council of
the City of Downey at a regular meeting held on the 14th day of February, 2017 by the following
vote, to wit: