ORD 418 ORDINANCE NO. 418
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ESTABLISHING AN ANNUAL STORM DRAIN USER FEE AND AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds:
1.1 The City of Rancho Palos Verdes (the "City") is empowered
by Health and Safety Code Section 5471 to prescribe and collect rates and
charges, including a Storm Drain User Fee for services and facilities furnished by
the City in connection with its storm drain system.
1.2 Pursuant to Health and Safety Code Section 5473, the City
Council hereby elects to have such Storm Drain User Fee collected on the
County of Los Angeles tax roll commencing with fiscal year 2006-07, in the same
manner, by the same persons, and at the same time as, together with and not
separately from, the general taxes of the City in the manner prescribed by
Sections 5473.1 to 5473.11, inclusive, of said Code; provided, however, in any
year the City Council may, by resolution, provide for an alternative procedure for
collection of the Storm Drain User Fee.
1.3 The City Council has caused a written report entitled, "Rate
Analysis Report" and dated April 13, 2005, to be prepared by Harris & Associates
and filed with the City Clerk containing a description of each parcel of real
property within the City to which the Storm Drain User Fee is applicable (the
"Identified Parcels") and the amount of the Storm Drain User Fee for each such
Identified Parcel for fiscal year 2006-07.
1.4 On June 4, 2005 and June 11, 2005, the City Clerk caused a
notice of filing of the written report and proposed ordinance and of the time and
place of the hearing thereon and on the proposed Storm Drain User Fee to be
published pursuant to Section 6066 of the Government Code. The City Clerk
further caused to be mailed notice of the filing of the written report and proposed
ordinance and of the time and place of the hearing thereon and on the proposed
Storm Drain User Fee to the Record Owner of each Identified Parcel (as defined
in Government Code Section 53750) addressed to the names and addresses as
they appeared on the last Los Angeles County equalized secured property tax
assessment roll available on the date the written report was prepared (the
"Assessment Roll"), and, in the case of any public entity, the State of California,
or the United States, addressed to the public entity at the address of that entity
known to the City. In addition, the City Clerk caused notices to be mailed to
owners of the Identified Parcels, addressed to the names and addresses known
to the City Clerk, if different than shown on the Assessment Roll.
1.5 On June 21, 2005, at the time and place set forth in the
notice, the City Council conducted a public hearing on the above-described
written report, proposed ordinance and the proposed Storm Drain User Fee and
heard and considered all objections and protests thereto. The City Council
determined at the close of the public hearing that written protests had not been
presented by a majority of owners of the Identified Parcels.
1.6 The City Council hereby finds and determines that the Storm
Drain User Fee does not exceed the reasonable cost of providing the services
Ordinance No. 418
Page 2 of 13
and facilities furnished by the City in connection with its storm drain system and
that the Storm Drain User Fee is not being levied for general revenue purposes.
Section 2. Title 3 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new chapter 3.44 to read as follows:
"Chapter 3.44. Storm Drain User Fee.
Sections:
3.44.010 Purpose.
3.44.020 Fee Levied.
3.44.030 Method of Collection of Fee.
3.44.040 Annual Review of Fee.
3.44.050 Appeals Process for Property Owners.
3.44.060 Deposit of Fee Revenues.
3.44.070 Duration.
3.44.010 Purpose. This chapter establishes an annual
Storm Drain User Fee for all parcels of real property in the City that drain
into City-maintained storm drain infrastructure, including pipes, inlets,
outlets and natural drainage courses (the "City's storm drain system").
3.44.020 Fee Levied.
A. Commencing with fiscal year 2006-07, an annual Storm
Drain User Fee is levied upon each parcel of real property in the City that
drains into the City's storm drain system. The amount of use of the City's
storm drain system attributed to each parcel is measured by the amount of
storm runoff contributed by the parcel to the City's storm drain system.
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The amount of contributed storm run off is directly proportional to the
amount of impervious area (Impervious Percentage) on the parcel (such
as buildings and concrete), with greater impervious area equal to greater
storm runoff generated. The amount of the Storm Drain User Fee shall be
computed annually for each Identified Parcel as follows:
(i) (Parcel Area) x (Impervious Percentage) = Drainage
Units
(ii) (Drainage Units) = (0.118) = Equivalent Residential
Units
(ERU's)
(iii) (ERU's) x (the annual rate per ERU) = the annual
Storm Drain User Fee.
The Storm Drain User Fee will not be deemed to be increased in the event
the actual payment from a person in any given year is higher due to an
increase in the amount of the impervious area of the subject parcel
caused by new development.
B. Table 1 shows the estimated percentage of impervious area
(Impervious Percentage) assigned to single-family residential (SFR)
parcels of various size ranges.
Table 1 - SFR Impervious Percentages
Land Impervious
Use Percentages SFR Size Ranges
SFR1 74.0% 0.01 -0.16 acres (-1 sf-7,012 sf)
SFR2 58.0% 0.161-0.20 acres (7,013 sf--8,755 sf)
SFR3 48.5% 0.201-0.28 acres (8,756 sf--12,239
sf)
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SFR4 41.0% 0.281-0.54 acres (12,240 sf--23,565
sf)
SFR5 34.5% 0.541-2.99 acres (-23,566 sf-
-130,680 sf)
SFR6 N/a* 3.0 acres and greater
*the actual Impervious Percentage is used for each parcel.
The Impervious Percentages assigned to condominiums and non-
SFR properties, which include multi-family residential, institutional (such
as churches and private schools) and government-owned properties, are
based on the actual impervious area of each such parcel.
C. The parcel areas for condominiums are calculated by
dividing the total area of the condominium complex (which includes the
common area) by the number of condominium units, and the total
imperviousness of the entire complex is attributed to each individual
condominium parcel in the complex. (This divides the runoff of the entire
complex to each of the individual units.) Because the condominium
common areas are taken into consideration in this manner, they are
exempt from the Fee.
D. Vacant, unimproved parcels are still in their natural states
and do not contribute any additional runoff to burden the City's storm drain
system; therefore, the Storm Drain User Fee is not applicable to these
parcels.
E. $86.00 is the maximum annual Storm Drain User Fee rate
per ERU for fiscal year 2006-07.
F. Such maximum annual rate per ERU shall be increased
annually commencing with fiscal year 2007-08, by an amount equal to the
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Page 5 of 13
change in the Consumer Price Index for all Urban Consumers for the Los
Angeles, Riverside and Orange County areas (the "CPI"), including all
items as published by the U.S. Bureau of Labor Statistics as of March 1 of
each year, not to exceed a maximum increase of two percent (2%) per
year.
G. Notwithstanding Section 9217 of the California Elections
Code, without a vote of the property owners, in any year the City Council
may do any and all of the following: (i) repeal this Chapter 3.44; (ii)
reduce the rate per ERU for the Storm Drain User Fee below the
maximum rate; or (iii) increase the rate per ERU for the Storm Drain User
Fee up to or below the maximum rate if it has been previously set below
such rate. In no event shall the City Council increase the Storm Drain
User rate per ERU in excess of the maximum rate without approval by a
majority vote of the property owners subject to the Storm Drain User Fee.
3.44.030 Method of Collection of Fee. Commencing with
fiscal year 2006-07, for each year the Storm Drain User Fee is collected,
the Storm Drain User Fee shall be collected on the County of Los Angeles
tax roll in the same manner, by the same persons, and at the same time
as, together with and not separately from, the general taxes of the City;
provided, however, in any year the City Council may, by resolution,
provide for an alternative procedure for collection of the Storm Drain User
Fee. For any fiscal year in which the Storm Drain User Fee is authorized
but not collected on the tax roll, the City may collect all or a portion of the
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Storm Drain User Fee for such year on the tax roll in the following fiscal
year or years.
3.44.40 Annual Review of Fee. Each fiscal year,
commencing with fiscal year 2007-08, the City Council shall, following a
public hearing, determine whether to collect the Storm Drain User Fee for
that year, and if so, the rate per ERU for that year. In making its
determinations, the City Council shall take into account the current and
projected revenues of the City for such fiscal year, including but not limited
to, property taxes, sales taxes and transient occupancy taxes; the current
and projected expenditures of the City for such fiscal year, including, but
not limited to, proposed expenditures in connection with the City's storm
drain system; the balance, if any, in the Water Quality and Flood Protection
Program Enterprise Fund; and the current and projected General Fund
reserves. In no event shall the annual rate per ERU be set in excess of the
maximum rate without approval by a majority vote of the property owners
subject to the Storm Drain User Fee.
3.44.050 Appeals Process for Property Owners. If a
property owner disagrees with the calculation of his or her Storm Drain
User Fee, based on the parcel area and/or Impervious Percentage
assigned to the property, then the property owner may appeal the
calculation as follows:
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1. The property owner must provide written documentation
explaining the reason why the Storm Drain User Fee should be changed.
This documentation must include:
a. The name, phone number, mailing address, and email
address, if available, of the property owner.
b. The Assessor's Parcel Number (APN) of the property
in question.
c. To-scale drawings of the property in question and the
impervious areas located on it with accompanying
calculations. The to-scale drawings shall include the
square footage and labels for each impervious area (i.e.
house, garage, driveway, patio, tool shed, carport, etc.).
2. If additional documentation is required or insufficient
documentation was submitted, a representative of the Public Works.
Department or his or her designee (Staff) will notify the property owner in
writing within two (2) weeks of receipt of the appeal.
3. Once Staff has determined that sufficient documentation has
been submitted, Staff will perform the initial review. Staff will notify the
property owner in writing within four (4) weeks from the time sufficient
documentation was submitted as to whether or not the fee amount will be
changed.
Ordinance No. 418
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a. If the determination is to change the fee amount, then
the new fee amount will be documented within the City's
fee database.
b. If the determination is that the fee should not be
changed, the property owner can appeal Staffs decision
to the Director of Public Works (Director). The appeal
must be made in writing and returned no later than four
(4) weeks from the date of mailing of Staffs initial review
decision. The Director will notify the property owner in
writing within four (4) weeks from the date of receipt of
the appeal as to whether or not the fee amount will be
changed.
If the Director's determination is that the fee should not
be changed, the property owner can appeal this decision
to the City Council. The appeal must be made in writing
and returned no later than four (4) weeks from the date of
mailing of the Director's appeal decision. The City Clerk
shall fix a time and place for hearing the appeal and shall
give notice in writing to the appellant in the manner
prescribed in Section 3.16.090 for service of notice of
hearing. The City Council's determination on the appeal
shall be final.
Ordinance No. 418
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Appeals will be accepted annually up until June 30 for
inclusion on the following fiscal year's property tax roll
submittal. However, if an appeal is granted by Staff, the
Director or the City Council that does not permit inclusion
for the following fiscal year's property tax roll submittal, a
reimbursement will be provided to the property owner by
the City. Any action brought against the City pursuant to
this Section shall be subject to the provisions of
Government Code Sections 945.6 and 946. Compliance
with these provisions shall be a prerequisite to a suit
thereon.
3.44.060 Deposit of Fee Revenues. Upon receipt of
moneys representing Storm Drain User Fees, the City Treasurer shall
deposit the moneys in the City treasury to the credit of the Water Quality
and Flood Protection Program Enterprise Fund and the moneys shall only
be expended for facilities and services furnished by the City in connection
with its storm drain system.
3.44.070 Duration. Unless repealed previously by the City
Council pursuant to Section 3.44.020G(i), the Storm Drain Use Fee
imposed by this Chapter shall expire on June 30, 2037, and shall not be
levied by the City during any subsequent fiscal year.
Section 3. For each tax year in which the City proposes to
collect the Storm Drain User Fee on the tax roll, the City Council shall cause a
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written report to be prepared and filed with the City Clerk, and the City Council
shall hold a duly noticed public hearing on the written report and hear and
consider all objections and protests thereto. Such public hearing shall be
conducted in conjunction with the public hearing held pursuant to Section
3.33.050 of the City's Municipal Code and may be combined into a single public
hearing. If the City Council determines at the close of the public hearing that
written protests have not been received by a majority of the owners of the
property subject to the Storm Drain User Fee, the City Council may adopt the
written report and may order the annual Storm Drain User Fee to be collected on
the tax roll, in the same manner, by the same persons and at the same time as,
together and not separately from, the general taxes of the City in the amounts
shown in the written report. If a majority protest is received, the Storm Drain
User Fee shall not be collected on the tax roll for that tax year.
Section 4. On or before August 10th of each year in which the
City proposes to collect the Storm Drain User Fee on the tax roll, commencing
with Fiscal year 2006-07, the City Clerk shall file a copy of the written report with
the City Treasurer with a statement endorsed on said written report over the City
Clerk's signature that the report has been approved and finally adopted by the
City Council. Upon receipt of the written report from the City Clerk, the City
Treasurer shall enter the amount of the Storm Drain User Fee against the parcels
as they appear on the current assessment roll.
Section 5. On or before August 10th of each year in which the
City proposes to collect the Storm Drain User Fee on the tax roll, the City Clerk
Ordinance No. 418
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shall file with the County Auditor of the County of Los Angeles a copy of the
written report, with a statement endorsed thereon over the City Clerk's signature
that the written report has been approved and finally adopted by the City Council,
with a certified copy of this Ordinance.
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Section 6. The City Council is empowjred to adopt or amend the
procedures, rules and regulations that are necessary to implement this
Ordinance.
Section 7. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance, or the application thereof to any
person or place, is for any reason held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity of the
remainder of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each and every section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
Section 8. This Ordinance shall not take effect unless the Storm
Drain User Fee is submitted to an election and approved by a majority vote of the
property owners subject to Storm Drain User Fee.
Section 9. The City Clerk is directed to certify to the enactment
of this Ordinance and to cause this Ordinance to be posted as required by law.
Ordinance No. 418
Page 12 of 13
PASSED, APPROVED AND ADOPTED THIS 16th day of August 2005.
yo r
Attest:
Cit Jerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 418 passed first reading on June 21, 2005, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
August 16, 2005, and that the same was passed and adopted by the following roll call
vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: Gardiner
ABSENT: None
ABSTAIN: None
Ci Clerk
Ordinance No. 418
Page 13 of 13
Aj!
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on August 17, 2005, she caused to be posted the following document
entitled: ORDINANCE NO. 418 - AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ESTABLISHING AN ANNUAL STORM DRAIN
USER FEE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
9ity Clerk
W:\City Council Ordinances\affidavits\Ordinance 418-Annual Storm Drain User Fee.doc