CC RES 2013-052 RESOLUTION NO. 2013-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES FINALLY ADOPTING A REPORT, AS FILED, IN CONNECTION WITH
THE STORM DRAIN USER FEE ESTABLISHED PURSUANT TO CHAPTER 3.44
OF THE RANCHO PALOS VERDES MUNICIPAL CODE; DETERMINING THE
AMOUNT OF SUCH FEE FOR FISCAL YEAR 2013-14; AND ORDERING THAT
SUCH FEE BE COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL
FOR FISCAL YEAR 2013-14
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
Section 1. The City Council finds:
A. Pursuant to Ordinance No. 418 of the City Council of the City of Rancho
Palos Verdes (the "City Council"), adopted on August 16, 2005, and Chapter 3.44 of the Rancho
Palos Verdes Municipal Code (the "Municipal Code"), the City Council is authorized to levy an
annual Storm Drain User Fee on each parcel of real property in the City of Rancho Palos
Verdes (the "City") that drains into City-maintained storm drain infrastructure. The Storm Drain
User Fee is levied to fund the City's Water Quality and Flood Protection Program.
B. Pursuant to Section 5473 of the California Health and Safety Code, the
City elected in Ordinance No. 418 to have the Storm Drain User Fee collected for each fiscal
year on the County of Los Angeles tax roll in the same manner, by the same person, and at the
same time as, together with, and not separately from the general taxes of the City.
C. A written report (the "Report") entitled, "Annual Report for the Storm Drain
User Fee, FY 2013-14" has been prepared by Harris &Associates and has been filed with the
City Clerk. The Report contains a description of each parcel of real property in the City that
drains into the City's storm drain system and the proposed amount of the Storm Drain User Fee
for each such parcel for Fiscal Year 2013-14 (commencing July 1, 2013 and ending June 30,
2014), computed in conformity with Chapter 3.44 of the Municipal Code. Such Report is on file
in the office of the City Clerk and incorporated herein by reference.
D. The City Clerk caused notice of a hearing on the Report to be published
in the Palos Verdes Peninsula News on June 27, 2013 and July 4, 2013.
E. The City Council held a public hearing on the Report on August 6, 2013
(the "Public Hearing"). In addition, pursuant to Section 3.44.40 of the Municipal Code, at the
Public Hearing the City Council considered whether to collect the Storm Drain User Fee for
Fiscal Year 2013-14, and the rate per Equivalent Residential Unit ("ERU")for Fiscal Year 2013-
14. In that regard, the City Council took into account the current and projected revenues of the
City for Fiscal Year 2013-14, including but not limited to, property taxes, sales taxes and
transient occupancy taxes; the current and projected expenditures of the City for Fiscal Year
2013-14, 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 addition, the City Council took
into account any report and recommendation submitted by the Oversight Committee established
by the City Council in connection with the City's Water Quality and Flood Protection Program.
F. All interested persons were given an opportunity to attend the Public
Hearing and express opinions about the Report and the proposed levy of the Storm Drain User
Fee for Fiscal Year 2013-14. The City Council heard and considered all protests and objections
against the Report and all testimony regarding the proposed levy of the Storm Drain User Fee
for Fiscal Year 2013-14.
G. No majority protest against the Report, determined in accordance with
Health and Safety Code Section 5473.2, exists.
Section 2. The City Council hereby overrules all protests and objections; hereby
approves and finally adopts the Report as filed; hereby determines that the Storm Drain User
Fee for Fiscal Year 2013-14 against each parcel described in the Report shall be as described
in the Report; and orders that the Storm Drain User Fee shall be collected for Fiscal Year 2013-
14 on the County of Los Angeles tax roll in the same manner, by the same person, and at the
same time as, together with, and not separately from the general taxes of the City.
Section 3. The City Clerk is directed to file a copy of the Report, with a statement
endorsed on the Report over the City Clerk's signature that the Report has been approved and
finally adopted by the City Council, with the City Treasurer on or before August 9, 2013 pursuant
to Section 4 of Ordinance No. 418.
Section 4. The City Clerk is directed to file a copy of the Report, with a statement
endorsed on the Report over the City Clerk's signature that the Report has been approved and
finally adopted by the City Council, with the Auditor of the County of Los Angeles on or before
August 9, 2013 pursuant to Section 5 of Ordinance No. 418.
PASSED, APPROVED and ADOPTED this 6th day of August, 2013.
May r
Attest:
1/. >
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. 2013-52 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on August 6, 2013.
<th
City Clerk
Resolution No. 2013-52
Page2 of 2
� Annual Report
forthe
Water Quality and Flood Protection Program
� Storm Drain User Fee
I IFY 2013 -14
Forthe
� City of Rancho Palos Verdes
Los Angeles County, California
' June 24, 2013
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1
City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report — FY 2013 -14
TABLE OF CONTENTS
Certificates................................ ............................... Pg. 1
Introduction............................... ............................... Pg. 2
Cost Estimates ......................... ............................... Pg. 3
Annual Fee Rate Calculations ............................. Pg. 4
Sample Calculations ............................. Pg. 6
Assessment Roll ...................... Under Separate Cover
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June 24, 2013
� I Hams &Associates
City of Rancho Palos Verdes June 24, 2013
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report — FY 2013 -14 Page 1
FY 2013 -14 Annual Report
City of Rancho Palos Verdes
Storm Drain User Fee
The undersigned respectfully submits the enclosed report as directed by the City Council.
DATED: June 24, 2013
' w
BY: K. Dennis ingel fer
R.C.E. No. 50255
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HEREBY CERTIFY that the nclosed 1 Report, together with Assessment Roll thereto attached,
was filed with me on the day of , 2013.
Carla Morreale, City Clerk,
City of Rancho Palos Verdes
Los Angeles Corey, I..,'alifornia
By
I HEREBY CERTIFY that the enclosed Annual Report, together with Assessment Roll thereto attached
was fin y adopted and confirmed by the City Council of the City of Rancho Palos Verdes, California, on
the day of , 2013.
Q:\RPV\SD Fee Admin\FY 13- 14\reports\.SD Fee Rpt 13 -14 24Jun13.doc
Carla Morreale, City Clerk,
City of Rancho Palos Verdes
Los Angeles County alifomia
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By
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City of Rancho Palos Verdes June 24, 2013
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report — FY 2013 -14 Page 2
INTRODUCTION
To insure a flow of funds for the Water Quality and Flood Protection Program, the City of Rancho
Palos Verdes established a user fee in September 2005. This Fee ensures a fair and equitable levying
of the costs of the Water Quality and Flood Protection Program.
Pursuant to Section 3.44.40 of the City's Municipal Code, at a public hearing, the City Council will
consider whether to collect the Storm Drain User Fee for Fiscal Year 2013 -14 (July 1, 2013 through
June 30, 2014), and, if so, establish the rate per Equivalent Residential Unit for Fiscal Year 2013 -14.
In making its determinations, the City Council will take into account the current and projected
revenues of the City for Fiscal Year 2013 -14, including but not limited to, property taxes, sales taxes
and transient occupancy taxes; the current and projected expenditures of the City for Fiscal Year
2013 -14, 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 addition, the City Council will
consider any report and recommendation submitted by the Oversight Committee established by the
City Council in connection with the City's Water Quality and Flood Protection Program.
This report, as signed and presented to the Council for approval, has been prepared according to the
methodology and rates approved by the City Council in 2005.
The Storm Drain User Fee is levied under the authority of the California Health and Safety Code
Section 5471 et seq. (the "Code "). Payment of the fees for each parcel will be made in the same
manner and at the same time as payments are made for property taxes for each property.
This report contains the necessary data required to establish the annual fee rates and is submitted for
filing in the office of the City Clerk, where it shall remain open for public inspection.
Q:\RPV\SD Fee Admm\FY 13- 14\reports\SD Fee Rpt 13 -14 20un13.doc
� Harris &Associates
City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report - FY 2013 -14
June 24, 2013
Page 3
COST ESTIMATE
The estimated annual costs to fund the Water Quality and Flood Protection Program are provided
below in Table 1.
Table 1- Estimated Annual Costs
BEGINNING FUND BALANCE (7/1/13) $4939788
ESTIMATED REVENUES
Annual Fee Levy
$1,4239850
Interest Earnings
$1,500
City Contribution
$0
ESTIMATED EXPENDITURES
Storm Drain Master Plan
$1,425,350
$309000
Backbone Projects
$0
Pipe Lining
$3299881
Secondary Projects
$5069000
Other Projects
$3509000
Miscellaneous Repairs & Maintenance
$229,727
Filtration Device Installation
$0
Reserve for Anticipated Additional Costs
$0
Administration (contract/staff engineer) $1519300
$1,596,908
ENDING FUND BALANCE (6/30/14) $3229230
The ending fund balance constitutes a Reserve for Future Projects.
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= I Hams &Associates
City of Rancho Palos Verdes June 24, 2013
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report - FY 2013 -14 Page 4
ANNUAL FEE RATE CALCULATIONS
By definition, all properties that drain into the City's storm drain system use the storm drain system.
The amount of use attributed to each parcel is measurable by the amount of storm runoff contributed
by the property, which is directly proportional to the amount of impervious area on a parcel (such as
buildings and concrete). The more impervious area on a property, the more storm runoff the property
generates. Vacant, unimproved parcels are still in their natural states and do not contribute any
additional runoff to burden the system, therefore these parcels are not charged a storm drain fee.
Table 2 shows the estimated Impervious Percentages for single - family residential (SFR) properties of
' various size ranges. These Impervious Percentages are the estimated percent impervious cover on a
property based on a ten percent data sampling of SFR parcels within the City of Rancho Palos Verdes
when the fee was initially adopted.
' Because of the variations in condominiums and non -SFR properties, which include multi- family
residential, institutional (such as churches and private schools) and government -owned properties,
' these properties were reviewed individually using the City GIS and Aerial photography to determine
the actual Impervious cover for each parcel.
Table 2 - SFR Impervious Percentages
Land
Use
Impervious
Percentage
SFR Size Ranges
SFR1
74.0%
0.01 - 0.16 acres
-1 sf - -79012 sf
SFR2
58.0%
0.161 - 0.20 acres
7,013 sf - 8,755 s
SFR3
48.5%
0.201 - 0.28 acres
8,756 sf - 12,239 s
SFR4
41.0%
0.281 - 0.54 acres
12,240 sf - 239565 s
S F R5
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 actual impervious percentage is used for SFR5 over 3/4 AC
if less than originally noticed.
The amount each parcel uses the storm drain system is computed by the following formula:
(Parcel Area) x (Impervious Percentage) = Drainage Units
The more Drainage Units a parcel has, the more storm run -off it generates, and the more it uses the
storm drain system.
It is often convenient to relate other land uses to a developed single family home, instead of working
exclusively with Drainage Units. Since 85% of the parcels within the City are designated as Single
Family Residential (SFR) parcels, and the median number of Drainage Units is 0.118 for all SFR
parcels, it makes sense to relate all parcels to this median residential property. Therefore, 0.118
Drainage Units is set equal to one Equivalent Residential Unit (ERU).
Parcels within the City that have runoff flowing out of the City without going through any City-
' maintained drainage infrastructure are not included in this fee. There are also a number of County-
maintained pipes within the City. If properties drain exclusively to these pipes and the pipe system
Q:\RPV\SD Fee AdmmTY 13- 14\reports\SD Fee Rpt 13 -14 20un13.doc
Harris & Associates
City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report - FY 2013 -14
June 24, 2013
Page 5
does not include any City - maintained infrastructure, then they are not included in the fee. These
areas, which consist of approximately 3,047 parcels, are excluded from the Storm Drain User Fee.
For the purposes of this report, City- maintained infrastructure includes pipes, inlets, outlets, and
natural drainage courses, and is also referred to as the "City's storm drain system."
Inventory of Parcels
Table 3, below, provides a summary of parcels by land use and shows the total estimated Drainage
Units and ERUs for the City.
Table 3 - Drainage Unit Summary Table
Land
Use
Parcels
Acreage
Imperv.
Percent
Drainage
Units
ERU
Land Use Description
SFR1
1,113
162.57
74.0%
120.056
1,017.4318
SFR: 0.01 - 0.16 acres ( -0 sf - -7,012 sf)
SFR2
1,900
349.85
58.0%
202.768
1,718.4219
SFR: 0.161 - 0.20 acres (7,013 sf - 8,755 sf)
SFR3
3,096
736.60
48.5%
357.307
3,028.0663
SFR: 0.201 - 0.28 acres (8,756 sf - 12,239 sf)
SFR4
2,804
1,105.56
41.0%
450.244
3,815.6321
SFR: 0.281 - 0.54 acres (12,240 sf - 23,565 sf)
SFR5
947
742.73
34.5 %*
213.391
1,808.3983
SFR: 0.541 - 2.99 acres (23,566 sf - -x130,680 sf)
SFR6
10
49.76
actual*
3.666
31.0677
SFR: 3.0 acres and greater
CNDO
1,846
139.48
actual*
95.727
811.2726
Condominiums
MFR
39
53.69
actual*
41.736
353.6949
Multi - Family Residential
COM
46
144.29
actual*
75.184
637.1524
Commercial
INST
20
114.80
actual*
64.692
548.2371
Churches, Private Schools, Institutions
GOV
47
490.24
actual*
120.454
1,020.7963
Government -owned parcels
11,868
4,089.56
1,745.225
149790.1714
* the actual impervious percentages have been used for parcels with these landuses
which includes SFR5 parcels >.75 AC
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 condo 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
charge.
' Annual Fee Rate
Table 4 provides the calculation of the Maximum Annual Fee Rate for FY 2013 -14 and shows the
' actual proposed Fee Rate.
L- I
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Q:\RPV\SD Fee Admin\FY 13- 14\reports\SD Fee Rpt 13 -14 20un13.doc
� Harris &Associates
I
City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report - FY 2013 -14
Table 4 - Annual Fee Rate
June 24, 2013
Page 6
The maximum rate will increase automatically on an annual basis by an amount equal to the annual
change in Consumer Price Index for all Urban Consumers (CPI) for the Los Angeles, Riverside,
Orange County Areas including all items as published by the U.S. Bureau of Labor Statistics as of
March 1 of each year (12 months ended February), not to exceed a maximum increase of two percent
(2 %) per year.
The actual rate to be levied each year will be as approved by the City Council at a public hearing,
after they consider an Annual Fee Report outlining the estimated annual costs of the program.
Table 5 provides sample fee calculations for various land uses and parcel sizes based on the proposed
Actual Fee Rate.
Q:\RPV\SD Fee Admin\FY 13- 14\reports\SD Fee Rpt 13 -14 20un13.doc
= (Hams &Asci
so ates
CPI
Increase
CPI
Rate
2%
I Rate
Max.
Rate
Actual
Rate
Base Year - FY 2006 -07
$86.00
$86.00
FY 2007 -08
3.8%
$89.27
$87.72
$87.72
$87.72
FY 2008 -09
3.3%
$90.61
$89.47
$89.47
$89.47
FY 2009 -10
0.0%
$89.47
$91.26
$89.47
$89.47
FY 2010 -11
1.4%
$90.72
$91.26
$90.72
$90.72
FY 2011 -12
2.3%
$92.81
$92.53
$92.53
$92.53
FY 2012 -13
2.1%
$94.47
$94.38
$94.38
$92.53
FY 2013 -14
2.2%
$96.46
$96.27
$96.27
$96.27
The maximum rate will increase automatically on an annual basis by an amount equal to the annual
change in Consumer Price Index for all Urban Consumers (CPI) for the Los Angeles, Riverside,
Orange County Areas including all items as published by the U.S. Bureau of Labor Statistics as of
March 1 of each year (12 months ended February), not to exceed a maximum increase of two percent
(2 %) per year.
The actual rate to be levied each year will be as approved by the City Council at a public hearing,
after they consider an Annual Fee Report outlining the estimated annual costs of the program.
Table 5 provides sample fee calculations for various land uses and parcel sizes based on the proposed
Actual Fee Rate.
Q:\RPV\SD Fee Admin\FY 13- 14\reports\SD Fee Rpt 13 -14 20un13.doc
= (Hams &Asci
so ates
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City of Rancho Palos Verdes June 24, 2013
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report - FY 2013 -14 Page 7
Table 5 - Sample Calculations
Land Use
Designation
Parcel
Area (sf)
Parcel
Area (ac)
x
Est.
Imperv.
Percent
Drainage
= Units /
0.118 =
ERU's
FY 13 -14 Annual
I Fee Rate /ERU
$96.27
SFR 1
3,500
0.08
x
0.740
= 0.059 /
0.118 =
0.5000
$48.14
SFR2
79400
0.17
x
0.580
= 0.099 /
0.118 =
0.8390
$80.77
SFR2
81300
0.19
x
0.580
= 0.110 /
0.118 =
0.9322
$89.74
SFR3
91200
0.21
x
0.485
= 0.102 /
0.118 =
0.8644
$83.22
SFR3
10,000
0.23
x
0.485
= 0.112 /
0.118 =
0.9492
$91.38
SFR3
119300
0.26
x
0.485
= 0.126 /
0.118 =
1.0678
$102.80
SFR4
13,500
0.31
x
0.410
= 0.127 /
0.118 =
1.0763
$103.62
SFR4
17,000
0.39
x
0.410
= 0.160 /
0.118 =
1.3559
$130.53
SFR4
21,400
0.49
x
0.410
= 0.201 /
0.118 =
1.7034
$163.99
SFR5
522300
1.20
x
0.345
= 0.414 /
0.118 =
3.5085
$337.76
C N DO*
1, 307
0.03
x
0.800
= 0.024 /
0.118 =
0.2034
$19.58
C N DO*
39049
0.07
x
0.850
= 0.060 /
0.118 =
0.5085
$48.95
Non -SFR
13,068
0.30
x
0.820
= 0.246 /
0.118 =
2.0847
$200.69
Non -SFR
13,068
0.30
x
0.700
= 0.210 /
0.118 =
1.7797
$171.33
Non -SFR
29,185
0.67
x
0.350
= 0.235 /
0.118 =
1.9915
$191.72
Non -SFR
29,185
0.67
x
0.700
= 0.469 /
0.118 =
3.9746
$382.63
Non -SFR
719874
1.65
x
0.650
= 1.073 /
0.118 =
9.0932
$875.40
Non -SFR
71,874
1.65
x
0.850
= 1.403 /
0.118 =
11.8898
$19144.63
Non -SFR
1359907
3.12
x
0.400
= 1.248 /
0.118 =
10.5763
$19018.18
Non -SFR
135,907
3.12
x
0.600
= 1.872 /
0.118 =
15.8644
$1,527.27
0.118 = Drainage Units per median SFR ERU = Equivalent Residential Unit
* Condominium parcel areas = the area of the entire complex divided by the total number of units in the complex.
The Preliminary Fee Roll, which is a listing of each parcel to be charged a fee and the maximum and
actual fee for FY 2013 -14, is on file in the office of the City Clerk.
Appeals Process
If a property owner disagrees with the calculation of his or her fee, based on the parcel area and
estimated impervious percentage assigned to the property, then the property owner may appeal the
calculation as follows:
1. Property owner must provide written documentation explaining the reason why the charge
should be changed. This documentation must include:
a. The name, phone number, mailing address, and email address, if available, of the property
owner.
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� Harris &Associates
City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Annual Report — FY 2013 -14
b. The Assessor's Parcel Number (APN) of the property in question.
June 24, 2013
Page 8
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 (Staf) 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.
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
Staff's 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 Staff's 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.
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.
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�I Hams &Associates