CC RES 2005-101 RESOLUTION NO. 2005-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DECLARING THE RESULTS OF A MAIL BALLOT
ELECTION RELATING TO A PROPOSED STORM DRAIN USER FEE IN
THE CITY OF RANCHO PALOS VERDES.
WHEREAS, on April 19, 2005, a majority of the City Council (4-1) adopted
Resolution No. 2005-38 (the "Resolution of Intention") declaring its intention to establish
a proposed annual Storm Drain User Fee (the "Fee") to fund the City's Water Quality.
and Flood Protection Program; and
WHEREAS, Article XIIID of the California Constitution ("Proposition 218")
requires the City to follow certain procedural and substantive requirements relating to
the imposition of property-related fees and charges (as defined in Proposition 21-8); and
WHEREAS, the City has determined that the Fee is a "property-related" fee,
subject to the provisions of Proposition 218; and
WHEREAS, before imposing the Fee, the City Council is required to hold a
noticed public hearing on a written report (the "Written Report") containing a description
of each parcel of real property within the City to which the Fee is applicable and the
amount of the Fee for each such parcel for Fiscal Year 2006-07, and to consider
protests to the Fee and, if a majority protest is not received at the public hearing, the
Council must submit the question of the imposition of the Fee to a vote of the owners of
the property subject to the proposed Fee for approval before the proposed Fee may be
levied; and
WHEREAS, in accordance with Proposition 218 the City Council held a duly
noticed public hearing on the matter of the Written Report and the proposed Fee on
June 21, 2005 and took testimony, both written and oral; and
WHEREAS, pursuant to Ordinance No. 417, the City Council authorized the use
of a mail ballot election for any election or assessment ballot proceeding required or
authorized by Article XIIIC or XIIID of the California Constitution; and
WHEREAS, having determined that written protests were not received from
property owners representing a majority of the parcels subject to the Fee, a majority of
the City Council (4-1) adopted Resolution No. 2005-70 calling a special election, held
solely by mail ballot, for the purpose of submitting the Fee to a vote of the owners of
parcels subject to the Fee (the "Special Election") and thereafter adopted Ordinance
No.418 establishing the Fee, subject to approval by a majority vote of the owners of
parcels subject to the Fee; and
WHEREAS, pursuant to the terms of Resolution No. 2005-70 the Special
Election was conducted commencing on July 8, 2005, when the ballot materials (which
are attached hereto as Exhibit A and by this reference incorporated herein) were mailed
to the property owners, and was completed at 8:00 p.m. on Tuesday, August 30, 2005;
and
WHEREAS, the City Clerk has on file a Certificate of the City Clerk as to the
Results of the Canvass of the Election Returns in Connection with the Proposed Storm
Drain User Fee (the "Certificate"), a copy of which is attached hereto as Exhibit B and
by this reference incorporated herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are all true and correct.
Section 2: The Certificate is hereby accepted into the records of the City.
Section 3: The ballot measure presented at the Special Election (the "Ballot
Measure") is set forth in Exhibit C attached hereto and by this reference incorporated
herein.
Section 4: The results of the Special Election are as set forth in the Certificate
on file with the City Clerk and attached to this Resolution as Exhibit B ("Certificate").
Pursuant to said Certificate, the Ballot Measure submitted at the Special Election was
approved by a majority vote of the owners of parcels subject to the Fee.
Section 5: The City Council hereby determines that the Fee, as set forth in
Ordinance No. 418 is lawfully authorized.
PASSED, APPROVED, AND ADOPTED this 20th day of September 2005.
&*I a
Mayor
Attest:
C-itXI e rk
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, hereby certify that the
above Resolution No. 2005-101 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on September 20, 2005.
it
City Jerk
Resolution No. 2005-101
Page 2of2
CITY OF RANCHO PALOS VERDES
OFFICE OF THE CITY MANAGER
June 22, 2005
Dear Rancho Palos Verdes Property Owner,
As you know, this winter our City suffered significant damage from heavy rains. Our storm drain
system was unable to handle the amount of storm water runoff that flowed from our hills and
canyons to the ocean. The City Council responded by establishing along-term Water Quality and
Flood Protection Program to repair and maintain our storm drain system.
As a property owner, this is your opportunity to vote on an annual Storm Drain User Fee. If
approved by property owners, the Fee would provide the City of Rancho Palos Verdes with a
dedicated funding source to:
► Repair, reconstruct and maintain the storm drain system throughout the City and
► Install filtration devices to reduce polluted runoff and protect coastal water quality.
This envelope contains your official notice about the proposed Storm Drain User Fee, a separate
official ballot and a reply envelope. Please take a moment to review the information and then
vote. Please be sure your ballot arrives at City Hall (by mail or in person) by 8 p.m., Tuesday,
August 30, 2005.
If you have any questions, please contact: Dennis McLean, Director of Finance and Technology,
City of Rancho Palos Verdes, (310) 544-5377 or stormdrainfee@rpv.com. You will also find much
more information on our website: www.palosverdes.com/rpv/water_quality_flood_protection.
Thank you very much for taking the time to consider this important issue for the City of Rancho
Palos Verdes.
Sincerely,
Les Evans
City Manager
Resolution No. 2005-101
Exhibit A
Page 1 of 7
30940 HAWTHORNE BLVD/RANCHO PALOS VERDES, CA 90275 (31 O) 544-5377/STORMDRAINFEEQRPV.COM
PROPOSED �T��0� DRAIN USER FEE U JUNE -`005
Notice to ' ' ��� neKs and The City's storm drain systecowater llects
Property OwnerBallot for the stormmnoff directly to the ocean. Maintaining
Proposed Storm Drain User Fee the system ingood condition helps keep the ocean
in the City of Rancho Palos Verdes clean, minimizes property damage, bluff erosion,
mud flows and traffic problems due to floods and
This notice informs you, as an owner of property sinkholes,and can help avoid potential lawsuits
within the City of Rancho Palos Verdes'that on after failures.
June 21,2005.the City Council adopted a
Resolution authorizing the City Clerk to conduct This winter's storms caused widespread damage
a property Owner Mail Ballot vote for e proposed to public and private property throughout the City.
annual Storm Drain User Fee.The Fee would The City Council recently approved a $3 million
provide'a dedicated funding source for the City's accelerated spending p|an,funded from General
Water Quality and Flood Protection Program Fund Reserves;$1 million for immediate repairs and
(Program).To submit the enclosed Property $2 million to begin funding the Program.That was
Owner 8a||ot, please follow the directions in the in addition to $115 million the Council had previously
"Summary of Property Owner Ballot Procedures" funded for storm drain projects.
on the back of your yellow ballot sheet' The City established the Program to:
Please mail or personally deliver your ballot to N* Re-line about 150 deteriorated metal pipes.
the City Clerk's office at City Hall, located at
30940 Hawthorne Blvd., Rancho Palos Verdes' N~ Replace about 38 storm drains.
CA 90275 Your ballot must arrive by no later than 0o- Install about 800 catch basin filtration devices in
8:00 p.m.on Tuesday, August 30, 2005. Ballots compliance with federal storm water regulatory
received after this deadline will not be counted. requirements (end replace as needed).
Information about Storm Drains 8+ Engineer more efficient, system-wide solutions.
and the Water Ouality
8o- Plan ahead to schedule repair and construction
and Flood Protection Program
projects to minimize inconvenience.
Rancho Palos Verdes needs to spend about $25 00- Ensure continued maintenance of all storm
million (in 2005 dollars)over approximately 30 drains throughout the City,as newer pipes and
years to repair its deteriorating storm drain system. outlets age.
The City recently established the Water Quality
and Flood Protection Program,funded with a $2 Revenue Dedicated ���Storm Drains Only
million contribution from General Fund Reserves. If the Storm Drain User Fee is approved'the City
However,the City does not currently have suffi- will be required by |avv to dedicate that revenue to
cient Reserves or net revenue to fund the cost of storm drain projects only.The City has already
the program. If Reserves were used to fund the established a restricted Enterprise Fund that will be
Program,they would be nearly depleted in about audited by independent certified public accountants
five years. property owners are now being asked to in conjunction with the annual audit of the City's
vote on an annual Storm Drain User Fee to provide financial statements.The money cannot be diverted
a dedicated funding source for the program' or used for any purpose other than storm drains.
Resolution No. 2005-101
Exhibit ^&
9�Qe 2 of 7
2 wm��p�omverdem�Omm�^ ��� aUUty_�lood_protem±imn
Information about the Proposed Fee year will increase by the amount of increase in the
Consumer Price Index, limited to a maximum of
You'll find the proposed Storm Drain User Fee 2% a year. During the hearing,the Council will deter-
amount for your parcel for fiscal year 2006-07, as mine the actual rate per ERU,which could remain
well as other information that was used to calculate the same, decrease or increase. However,the rate
the Fee,on the front, middle-right hand side of your can never be higher than $86 per ERU,the amount
ballot sheet.The City Council has set a proposed approved by property owners, as adjusted by a
annual Storm Drain User Fee that shares the cost maximum 2% per year.
of the storm drain repairs based on the size of the
parcel and the estimated amount of impervious The Mailback Ballot Process
area on the parcel (see page 4 for a full explanation The California Constitution requires that the pro-
of how individual Fees would be determined). posed Storm Drain User Fee must go through a
If approved,the proposed maximum annual Storm two-step process.The first step was the public
Drain User Fee rate for fiscal year 2006-07 will hearing held on June 21, 2005 and the second step
be $86.00 per Equivalent Dwelling Unit(ERU). For is this property owner vote,which requires ballots
fiscal year 2006-07: to be returned by 8:00 p.m.on August 30, 2005.
There is one vote per parcel. If a majority of
► The majority of residential properties would pay property Owner Ballots returned support the pro-
-an annual storm drain user fee of less than$86 posed Fee,the Fee may be established by the City
(about$7 a month). Council. If a majority of ballots returned oppose
► The majority of condominiums and townhouses the proposed Fee,the Fee will not be imposed. If
would pay less than$25 annually. approved,the Fee will be collected on the annual
► Only about 3%of single-family residences would County Property Tax Bills beginning with fiscal year
a more than $200 annually. 2006-07.
pay Y
The City will establish a Storm Drain User Fee Property Owner Ballots may be mailed or hand deliv-
Assistance Program.The City would reimburse ered to the City Clerk's office at 30940 Hawthorne
50% of the annual Storm Drain User Fee to eligible Blvd., Rancho Palos Verdes, CA 90275. Ballots must
low-incomero ert owners with gross incomes be received by no later than 8:00 p.m.on Tuesday,
p p Y
under $35,000. August 30,2005.
Annual Public Hearing To Set the More Information
Storm Drain User Fee If you have any questions or you think that the area
Ever year,the Cit Council will hold a public or impervious percentage for your parcel is incor-
vv v
hearin to set the Fee for the following year.The rect, please contact Dennis McLean, Director of
g g
Council may decide to end the Fee (for example Finance and Technology, City of Rancho Palos Verdes
when all1 ro'ects are completed) or reduce the rate at(310) 544-5377 or at stormdrainfee@rpvcom. You
p
(for example, if there is another revenue source will also find much more information on our website,
available).To enable the Program to keep up with including information on how to appeal your Fee
inflation beginning with fiscal year 2007-08, the amount: www.palosverdes.com/rpv/water_quality_
maximum rate per ERU that may be collected each flood_protection.
Resolution No. 2005-101
Exhibit A
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rain system use the storm
drain into the City's storm d y .,a .:.:..
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the property generates.Vacant,unimproved parcelsr` a Y f
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are still in their natural states and do not contribute
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any additional runoff to burden the system.Therefore
these parcels are not charged a storm drain user fee. The amount each parcel uses the storm drain system
is computed by the following formula:
The City developed an Impervious Percentage Table
shows the estimated percent of (Your Parcel x (Impervious = Draina a Units : 0.118 = Your
(top right)that p Acreage) Percentage) g ERU
impervious cover on single-family residential (SFR)
properties,based on a 10%data sampling of SFR The proposed maximum annual Storm Drain User Fee
parcels within the City of Rancho Palos Verdes.The rate for fiscal year/2006-07 is$86.00 per ERU,which
table recognizes that larger residential properties equates to$7.17 per ERU per month.For example,if
are often proportionally less developed than smaller your single family residential property is.23 acre,your
properties and generate less runoff per square foot. Storm Drain User Fee would be calculated using this
Hence,the impervious percentage rate is lower for formula:
larger residential parcels.The median residential par- .23 x 0.485=0.112: 0.118=0.9492 ERU x$86=$81.63
cel in the City(roughly 1/4 acre)has an impervious Your Storm
Drain User Fee
area covering 48.5%of the parcel.
The parcel areas for condominiums are calculated by
Because of the variations in properties,all condo-
dividing the total area of the condominium complex,
miniums, SFR properties larger than 3 acres,and
which includes the common areas, by the number
non-SFR properties,which include multi-family
of condominium units.The total imperviousness of
residential,institutional(such as churches and private
the entire complex is attributed to each individual
schools)and government-owned properties,were
condo parcel in the complex.This divides the runoff
reviewed individually to determine the actual
of the entire complex to each of the individual units.
impervious cover for each parcel. If you believe the
(Because the condominium common areas are taken
impervious area for your parcel is incorrect, please
into consideration in this manner, they are exempt
contact Dennis McLean (contact info on page 3). from the charge.)
About 85%of the parcels within the City are desig- Parcels within the City that have runoff flowing out
Hated SFR parcels.When we multiply the size of an
of the City without going through any City drainage
SFR parcel by the impervious percentage in the table, infrastructure are not included in this fee.There are
the resulting number is the Drainage Unit.The median
also a number of County maintained pipes within the
Drainage Unit for single-family residences in Rancho City. If properties drain exclusively to these pipes they
Palos
Verdes is 0.118.That median number repre- Y p p
are not included in the fee.
sents one Equivalent Residential Unit(ERU).The more
ERU`s a parcel has,the more storm runoff it generates
Resolution No. 2005-101
and the more it uses the storm drain system. Exhibit A
Page 4 of 7
FOR MORE INFORMATION
4 Visit www.palosverdes.com/rpv/water quality flood_protection
Fee — Official PropertyOwner Ballot
Rancho Palos Verdes Storm Draln User
Assessor's Parcel Number: <APN> [----bar code—<APN>----
Owner Name: <Ownerl><Owner2> Q
Proposed Maximum FY 06-07 Annual Fee Amount (see below):$ <Fee>
To provide the City of Rancho Palos Verdes with a dedicated funding source for 30 years to:
■ Repair,reconstruct and maintain the storm drain system throughout the City and
■ Install filtration devices to reduce polluted runoff and protect coastal water quality,
shall the City establish a new annual Storm Drain User Fee as part of the City's Water Quality and Flood Protection Program?
YESI support the proposed annual Storm Drain User Fee
D
pp Z0=7:9
NO 10 oppose the proposed annual Storm Drain User Fee
0
pp P P
I hereby declare,under penalty of perjury under the laws of the State of California,that 1 am the owner,or the authorized
representative of the owner,of the parcel identified above. Your ballot will not be counted if you do not sign below.
Date Printed Name Signature
-------------------------------------------------------------------------------------------------------------------------------------------------------
X Please cut along this line,mark your ballot,fold and seal in the provided return envelope,and return the ballot to the City Clerk X
Rancho Palos Verdes needs to spend about$25 million(in 2005 Assessor's Parcel Number: <APN>
dollars)over approximately 30 years to repair its deteriorating storm
drains stem.The Ci recent) established a Water Quality and Flood Property Address: <Situs>
Y City Y tY
Protection Program,funded with a$2 million contribution from General Land Use Designation: <Landuse>
Fund Reserves.However,the City does not currently have sufficient Parcel Area(acres): <Acres>
Reserves or net revenue to fund the cost of the Program. If Reserves Impervious Percentage: <Impervious>
were used to fund the Program,they would be nearly depleted in about
five ears.Property owners are now being asked to vote on an annual ERUs: <ERU>
Y p rtY 9
Storm Drain User Fee to provide a dedicated funding source for the Proposed Max.FY 06-07 Annual Fee Amoun $ <Max Asmt>
Program. The Fee will end or"sunset"after thirty years,on June 30,
2037.
The person completing and submitting this Property Owner Ballot must be the owner of the property identified above or the representative of
the owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the owner.The"Summary of
Property Owner Ballot Procedures"on the back of this ballot sheet has been provided to assist you in filling out the ballot.If there are two or
more property owners,only one needs to sign and return the ballot. Only one ballot will be counted per property.
If approved by a majority of the returned ballots,the proposed maximum annual Storm Drain User Fee rate for FY 2006-07 will be$86.00
per Equivalent Residential Unit(ERU),which equates to$7.17 per ERU per month. Commencing with FY 2007-08,the maximum rate per
ERU will increase by the amount of the increase of the CPI,but not to exceed two percent(2%)each year. However,each year the City
Council will hold a public hearing and determine the actual rate per ERU that will be charged. At the Public Hearing,the City Council will
set the actual rate for the next year that would be equal to or less than the maximum rate approved by the property owners,which could
include setting the rate to$0 per ERU.
Please mark your ballot in ink. Do not use pencil.
Upon completion,fold the ballot,place it in the addressed,return envelope and seal the envelope. Pursuant to the instructions on the back of
this ballot sheet,mail the ballot to the address shown on the return envelope,or deliver to City Hall located at 30940 Hawthorne Blvd,Rancho
Palos Verdes,CA 90275.Ballots must be received by 8;00 p.m.Tuesday,August 30,2005.
Please see the"Summary of Property Owner Ballot Procedures"on the back of this sheet.
For additional information about the annual Storm Drain User Fee,please see the enclosed legal notice.
--This is not an invoice--
<Ownerl>
<Owner2> City of Rancho Palos Verdes
<Mailing> City Clerk
<MCity><Mzip> 30940 Hawthorne Blvd
Rancho Palos Verdes,CA 90275
Resolution No. 2005-101 Exhibit A
Page 5 of 7
SUMMARY OF PROPERTY OWNER BALLOT PROCEDURES
If you are the owner,or the authorized representative of the owner,of the property described on the enclosed Property Owner Ballot,
you may submit the enclosed Property Owner Ballot to the City to support or oppose the proposed annual Storm Drain User Fee.
Complete Property Owner Balloting Procedures are on file at the City Clerk's office. Please follow the instructions below to complete
and return your Property Owner Ballot.
1. Mark your vote on the enclosed Property Owner Ballot by placing an°X"in the appropriate box.
2. Mark,sign and date your Property Owner Ballot in ink. Property Owner Ballots received without a signature will not be counted.
Do not use pencil
3. Fold your ballot and place it into the provided pre-addressed return envelope and seal the envelope.
4. Property Owner Ballots may be mailed or hand delivered to the City Clerk's office at 30940 Hawthorne Blvd, Rancho Palos
Verdes,CA 90275.
5. The City MUST receive all Property Owner Ballots by 8:00 p.m.on Tuesday,August 30,2005.Any Property Owner Ballot
received after this time cannot legally be counted.Postmarks will not be accepted and ballots received after the deadline
will not be counted. (Properly Owner Ballots may be delivered to the City Clerk prior to this date and time during normal
business hours.)
6. The tabulation of Property Owner Ballots will be performed in the City Clerk's office,during normal business hours,following the
end of the Property Owner Balloting period.The Property Owner Ballots will be tabulated electronically,and each property is
entitled to one(1)vote.
7. The City Clerk shall not disclose the contents of any ballot in such a way as to identify how a properly owner voted.
8. The City Council may establish the annual Storm Drain User Fee only if a majority of the Property Owner Ballots returned are in
favor of the Fee.
9. If more than a majority of the Property Owner Ballots returned are opposed to the Fee,then the annual Storm Drain User Fee
will not be imposed.
The City of Rancho Palos Verdes complies with the Americans with Disabilities Act. If you are a qualified individual with a disability
and need assistance with completing or returning the enclosed ballot,please contact the City Clerk's office at(310)377-0360.
The information in this notice and the accompanying materials were compiled and are distributed at public expense by the City of Rancho
Palos Verdes in compliance with Article XIIID of the California Constitution. This information is presented in the public interest. Itis not
intended to influence or attempt to influence the actions of the voters to vote"yes"or"no"on the enclosed Property Owner Ballot.
Resolution No. 2005-101
Exhibit A
Page 6 of 7
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Resolution No. 2005-101
Exhibit A
Page T of 7
Resolution No. 2005-101 - Exhibit B
CERTIFICATE OF THE CITY CLERK AS TO
THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
IN CONNECTION WITH THE PROPOSED STORM DRAIN USER FEE
IN THE CITY OF RANCHO PALOS VERDES
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby
certify that I canvassed the returns of the Special Mail Ballot Election (the
"Election") in connection with the imposition of an annual storm drain user fee
(the "Fee"), that the last day for the return of mail ballots was August 30, 2005,
that the Election was concluded on that date and that the total number of ballots
cast in said election and the total number of votes cast for and against the ballot
measure, as specified below, are full, true and correct.
Total of Ballots Received: 57591
Total "Yes" Ballots: 21819
Total "No" Ballots: 21772
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 14th
day of September 2005.
By: /s/ Carolynn Petru
Carolynn Petru
City Clerk, City of Rancho Palos
Verdes
Resolution No. 2005-101 - Exhibit C
BALLOT MEASURE
To provide the City of Rancho Palos Verdes with a dedicated funding source for up to 30
years to:
■ Repair, reconstruct and maintain the storm drain system throughout the City and
■ Install filtration devices to reduce polluted runoff and protect coastal water quality,
shall the City establish a new annual Storm Drain User Fee as part of the City's Water
Quality and Flood Protection Program?
❑ YESI support the proposed annual Storm Drain User Fee
❑ NOI oppose the proposed annual Storm Drain User Fee