CC RES 2007-076 RESOLUTION NO. 2007-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6,
2007, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A
MEASURE RELATING TO THE AMENDMENT OF THE CITY'S EXISTING STORM
DRAIN USER FEE ORDINANCE AND A MEASURE RELATING TO THE REPEAL OF
THE CITY'S EXISTING STORM DRAIN USER FEE ORDINANCE.
WHEREAS, under the provisions of the laws relating to General Law Cities in
the State of California, a General Municipal Election shall be held on November 6, 2007,
for the election of Municipal Officers; and
WHEREAS, the City Council also desires to submit to the voters at the
election a question relating to the amendment of the City's existing Storm Drain User Fee
Ordinance; and
WHEREAS, pursuant to authority provided by statute a petition has been filed
with the legislative body of the City of Rancho Palos Verdes, California, signed by more
than five (5) per cent of the number of registered voters of the City to submit a proposed
initiative ordinance relating to the repeal of the City's existing Storm Drain User Fee
Ordinance; and
WHEREAS, the City Clerk examined the records of registration and
ascertained that the petition is signed by the requisite number of voters, and has so
certified; and
WHEREAS, the City Council has not voted in favor of the adoption of the
ordinance; and
WHEREAS, the City Council is authorized and directed by statute to submit
the proposed ordinance to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1: That pursuant to the requirements of the laws of the State of
California relating to General Law Cities, there is called and ordered to be held in the City
of Rancho Palos Verdes, California, on Tuesday, November 6, 2007, a General Municipal
Election for the purpose of electing three members of the City Council for the full term of
four years.
Section 2: That the City Council, pursuant to its right and authority, does
order submitted to the voters at the General Municipal Election the following measure:
Shall an ordinance be adopted that YES NO
would amend the City's existing
Storm Drain User Fee (which
provides a dedicated funding
source to repair, reconstruct and
maintain the citywide storm drain
system and install filtration devices
that reduce polluted runoff and
protect coastal water quality) by: (1)
shortening the duration of the Fee
from thirty years to ten years and
(2) establishing a resident oversight
committee?
Section 3: That the complete text of the proposed ordinance, which is
referred to in Section 2, to be submitted to the voters is attached hereto as Exhibit"A"and
incorporated herein by reference.
Section 4: That pursuant to the requirements of the laws of the State of
California relating to General Law Cities,an initiative ordinance having duly-qualified for the
ballot, the following initiative measure shall be submitted to the voters:
Shall an ordinance be adopted that YES NO
would repeal the City's existing
Storm Drain User Fee?
Section 5: That the complete text of the proposed initiative ordinance,
which is referred to in Section 4, to be submitted to the voters is attached hereto as Exhibit
"B" and incorporated herein by reference.
Section 6: That for passage and to become law, each of the two measures
set forth in Sections 2 and 4 above requires a majority of the votes cast on that measure.
Section 7: That the two measures set forth in Sections 2 and 4 of this
Resolution are in hopeless and irremediable conflict because the first measure would
amend the City's existing storm drain user fee, which is codified in Chapter 3.44 of the
Rancho Palos Verdes Municipal Code, and the second measure would repeal the City's
existing storm drain user fee by repealing Chapter 3.44 of the Rancho Palos Verdes
Municipal Code. Accordingly, if both of the conflicting measures pass by a majority vote of
the voters voting in said consolidated election, then pursuant to Article II, Section 10(b)of
the California Constitution and Section 9221 of the California Elections Code,the measure
receiving the highest affirmative vote shall prevail at the election.
Section 8: That the ballots to be used at the election shall be in form and
Resolution No. 2007-76
Page 2 of 3
content as required by law.
Section 9: That the City Clerk is authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election.
Section 10: That the polls for the election shall be open at seven o'clock
a.m. of the day of the election and shall remain open continuously from that time until 8:00
o'clock p.m. of the same day when the polls shall be closed, except as provided in Section
14401 of the Elections Code of the State of California.
Section 11: That in all particulars not recited in this resolution, the election
shall be held and conducted as provided by law for holding municipal elections.
Section 12: That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional notice
of the election, in time, form and manner as required by law.
Section 13: That the City Clerk shall certify to the passage and adoption of
this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED e ' July 3, 2t; .
_Itaiiffpi '
Mayor
Attest:
J ,-: _//' 4
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2007-76 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on July 3, 2007.
gl4.--&-, 1 // l'
City Clerk
979173.5
Resolution No. 2007-76
Page 3 of 3
RESOLUTION NO. 2007-76-EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 3.44 OF
TITLE 3 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE REGARDING THE ANNUAL
STORM DRAIN USER FEE.
WHEREAS, the owners of properties that utilize the City of Rancho Palos
Verde's storm drain system approved an annual Storm Drain User Fee pursuant to a mail
ballot election held on August 30, 2005, by adopting Ordinance No. 418, which amended
the Rancho Palos Verdes Municipal Code (the "Municipal Code") by adding new chapter
3.44; and
WHEREAS, a measure to repeal the annual Storm Drain User Fee has
qualified for the ballot and will be submitted to the City's electorate at the November 6,
2007 election; and
WHEREAS, in lieu of repealing the Storm Drain User Fee, the People of
the City of Rancho Palos Verdes desire to amend its provisions by shortening the
duration of the annual Storm Drain User Fee from thirty years to ten years and by
establishing an oversight committee of City residents to monitor the annual Storm Drain
User Fee expenditures; and
WHEREAS, if both this ordinance amending Chapter 3.44 of the
Municipal Code and the measure repealing the annual Storm Drain User Fee receive a
majority vote of the voters who vote on each measure at the November 6, 2007 election,
it is the People's intent that the provisions of both cannot be placed into effect and are in
hopeless and irremediable conflict; and
R6876-0001\978846v4.doc
WHEREAS, it is the People's express intent that this ordinance amending
Chapter 3.44 of the Municipal Code shall be considered a conflicting measure to the
measure repealing the annual Storm Drain User Fee, such that pursuant to Article II,
Section 10(b) of the California Constitution and Section 9221 of the Elections Code, the
measure receiving the highest affirmative vote shall prevail at the election;
NOW, THEREFORE, THE PEOPLE OF THE CITY OF RANCHO
PALOS VERDES DO ORDAIN AS FOLLOWS:
Section 1. Section 3.44.070 of Chapter 3.44 of Title 3 of the Rancho
Palos Verdes Municipal Code is hereby amended to read as follows:
"3.44.070 Duration.
Unless repealed previously by the city council pursuant to section 3.44.020(G)(i),
the storm drain user fee imposed by this chapter shall expire on June 30, 2016,
and shall not be levied by the city during any subsequent fiscal year."
Section 2. Chapter 3.44 of Title 3 of the Rancho Palos Verdes
Municipal Code is hereby amended by adding Section 3.44.080 thereto to read as
follows:
"Section 3.44.080 Storm Drain User Fee Oversight Committee
A. An oversight committee ("committee") is created and established. The
committee shall hold at least one public hearing and issue a report, on at least an
annual basis, to inform city residents and the city council regarding how storm
drain user fee revenues are being spent and to make recommendations to the city
council regarding future expenditures of the storm drain user fee revenues. In
R6876-0001\978846v4.doc Resolution No.2007-76—Exhibit A
Ordinance No.
Page 2 of 5
addition, the oversight committee shall make a recommendation to the city
council regarding whether to collect the storm drain user fee for the upcoming
fiscal year, and, if so, the rate per ERU for that fiscal year. In making its
recommendation to the city council, the oversight committee shall consider the
current and projected revenues of the city for the upcoming fiscal year, including
but not limited to, property taxes, sales taxes and transient occupancy taxes; the
current and projected expenditures of the city for the 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. The
oversight committee shall forward its report and recommendations to the city
council prior to the annual public hearing on the storm drain user fee that will be
conducted by the city council. The oversight committee also shall perform other
assignments regarding the water quality and flood protection program, as directed
by the city council or upon request by staff.
B. The oversight committee shall consist of five residents of the city who
shall be appointed by, and shall serve at the pleasure of, the city council. The
term of office for three members of the oversight committee shall be four years,
and the initial term of office for two members of the oversight committee shall be
two years. After the initial term, all members of the oversight committee shall
have four-year terms. The terms of office shall expire on the date of the second
regular city council meeting in January of even years, or until a successor is
appointed."
R6876-0001\978846v4.doc Resolution No.2007-76—Exhibit A
Ordinance No.
Page 3 of 5
Section 3. The provisions adopted by this Measure shall be amended
or repealed only by the voters of the City of Rancho Palos Verdes at an election held in
compliance with State law and local ordinances.
Section 4. 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 People
of the City of Rancho Palos Verdes hereby declare that they 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 5. The People of the City of Rancho Palos Verdes hereby
declare that this Measure conflicts in its entirety with the provisions of the initiative
measure on the ballot for the November 6, 2007 election to repeal the Storm Drain User
Fee (the "initiative"). If this Measure receives a higher number of affirmative votes than
the initiative, the provisions of this Measure shall control and the initiative shall not take
effect for any purpose pursuant to Article II, Section 10(b) of the California Constitution
and Section 9221 of the Elections Code.
Section 6. 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.
R6876-0001\978846v4.doc Resolution No.2007-76—Exhibit A
Ordinance No.
Page 4 of 5
PASSED, APPROVED AND ADOPTED THIS DAY OF
, 2007.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Ordinance No. was duly and regularly passed and adopted by
the voters of the City of Rancho Palos Verdes at an election held on November 6, 2007.
City Clerk
R6876-0001\978846v4.doc Resolution No.2007-76—Exhibit A
Ordinance No.
Page 5 of 5
RESOLUTION NO. 2007-76-EXHIBIT B
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES TO REPEAL THE CITY OF RANCHO PALOS
VERDES STORM DRAIN USER FEE.
THE PEOPLE OF THE CITY OF RANCHO PALOS VERDES DO ORDAIN
AS FOLLOWS:
Section 1. Ordinance No. 418 of the City of Rancho Palos Verdes establishing
an annual Storm Drain User Fee is hereby repealed.
Section 2. The City of Rancho Palos Verdes Municipal Code, Chapter 3.44
entitled Storm Drain User Fee is hereby repealed and deleted.
Section 3. If any provision of this measure or the application thereof to any
person or circumstance is held invalid, that invalidity shall not affect other provisions or
applications, and to this end the provisions of this measure are severable.
Section 4. This initiative may not be amended except upon voter approval.
ATTEST:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Ordinance No. was duly and regularly passed and adopted by the voters of the City
of Rancho Palos Verdes at an election held on November 6, 2007.
City Clerk
Resolution No.2007-76 Exhibit B
Ordinance No.
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