CC RES 2015-107 RESOLUTION NO. 2015-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DESIGNATING A TIME AND PLACE
FOR HEARING PROTESTS IN CONNECTION WITH A PROPOSED
ANNUAL STORM DRAIN USER FEE, APPROVING PROCEDURES
IN CONNECTION THEREWITH AND TAKING CERTAIN OTHER
ACTIONS.
WHEREAS, the owners of properties that utilize the City of Rancho Palos
Verdes' (the "City") storm drain system approved an annual Storm Drain User Fee (the
"SDUF 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 a new chapter 3.44; and
WHEREAS, pursuant to Ordinance No. 467 of the City of Rancho Palos Verdes,
an election was held on November 6, 2007, whereby the term of the SDUF Fee was
reduced from thirty years to ten years, and an Oversight Committee was established;
and
WHEREAS, the Oversight Committee comprises citizens subject to the SDUF
Fee, and annually reviews the SDUF Fee; and
WHEREAS, the SDUF Fee provides for services and facilities furnished by the
City in connection with its storm drain system, including specific projects set forth in the
City's Storm Drain Management Plan, it's 2015 5-Year Capital Improvement Plan, as
well as various other studies conducted by the City; and
WHEREAS, the SDUF Fee is used exclusively for the purpose of financing
improvements relating to storm drains and storm drain functions within the City; and
WHEREAS, the SDUF Fee is currently 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 in the manner prescribed by
Sections 5473 et sem. of the California Health and Safety Code; and
WHEREAS, the term of the SDUF Fee approved by the voters on August 30,
2005, as amended by the voters on November 6, 2007, is set to expire on June 30,
2016; and
WHEREAS, the City Council now desires to institute proceedings to extend the
term of the SDUF Fee, which extended SDUF Fee shall maintain the same structure as
the existing SDUF Fee, and to notice a public hearing relating thereto;
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY
FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated
herein by this reference.
Section 2. The City Council of the City (the "City Council") is
considering a proposal to extend the SDUF Fee to continue furnishing services and
facilities in connection with its storm drain system. The proposed SDUF Fee would
continue to be collected on the County of Los Angeles tax roll, commencing in Fiscal
Year 2016-17, 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 et seq. of the California Health and Safety Code.
Section 3. The City Council has caused a written report entitled, "Rate
Analysis Report" (the "Written Report") to be prepared by Harris & Associates and filed
with the City Clerk, which was filed and posted on the City's website on November 23,
2015, containing a description of each parcel of real property within the City to which
the proposed extended SDUF Fee is applicable (collectively, the "Identified Parcels")
and the amount of the proposed extended SDUF Fee for each such Identified Parcel for
Fiscal Year 2016-17. The Written Report is on file in the office of the City Clerk and is
available for public inspection.
Section 4. Article XIII D of the California Constitution and the
Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et
seq.) (the "Implementation Act") imposes certain procedural and substantive
requirements relating to the imposition of property-related fees and charges (as defined
in Article XIII D), such as extending the SDUF Fee, including the requirement to
conduct a protest hearing and election for consideration of extending the SDUF Fee. In
accordance with Article XIII D and the Implementation Act, the City Council hereby
approves the "Procedures for the Conduct of a Protest Hearing Relating to a Proposed
Storm Drain User Fee" as set forth in Exhibit "A," attached hereto and incorporated
herein by reference (the "Procedures").
Section 5. NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL
DESIGNATES TUESDAY, FEBRUARY 2, 2016, AT THE HOUR OF 7:00 P.M., IN
MC TAGGART HALL, FRED HESSE PARK COMMUNITY CENTER, 29301
HAWTHORNE BOULEVARD, RANCHO PALOS VERDES, CALIFORNIA, AS THE
TIME AND PLACE FOR A PUBLIC HEARING ON THE ABOVE-DESCRIBED
WRITTEN REPORT AND PROTESTS OR OBJECTIONS TO THE IMPOSITION OF
THE PROPOSED EXTENDED SDUF FEE.
Section 6. At the above-described public hearing, all interested persons
shall be afforded the opportunity to hear and be heard, and the City Council shall
consider all protests against the proposed extended SDUF Fee. If written protests
against the proposed extended SDUF Fee are presented by a majority of owners of the
Identified Parcels, the City shall not impose the proposed extended SDUF Fee. In the
absence of a majority protest, the City Council may submit the Proposed extended
SDUF Fee to a vote of the property owners in accordance with Article XIII D of the
California Constitution.
01203.0006/276023.1
Resolution No. 2015-107
Page 2 of 3
Section 7. The City Clerk is hereby authorized and directed to give
notice of the above-described public hearing in accordance with law and the
Procedures.
Section 8. Reference is hereby made to the Written Report described
in Section 3 hereof, which is on file in the office of the City Clerk, for a full and detailed
description of the Proposed extended SDUF Fee upon parcels of land within the City.
Section 9. The City Council hereby designates Deborah Cullen, the
City's Director of Finance, telephone number (310) 544-5278, to answer inquiries
regarding the public hearing, protest proceedings and procedural or technical matters.
PASSED, APPROVED and ADOPTED this 1st day of December, 2015.
I
Mayor
ATTEST:
C1.444/4.
ity 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. 2015-107 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on December 1, 2015.
City Clerk
01203.0006/276023.1
Resolution No. 2015-107
Page 3 of 3
City of Rancho Palos Verdes NOTICE OF PUBLIC HEARING
City Clerk City of Rancho Palos Verdes
30940 Hawthorne Blvd in connection with the Proposed
Rancho Palos Verdes, CA 90275 Storm Drain User Fee
Assessor's Parcel Number: <APN>
Property Address: <Situs>
Land Use Designation: <Landuse>
<Ownerl> Parcel Area(acres): <Acres>
<Owner2>
<Mailing> Impervious Percentage(%): <Impervious>
<MCity><MZip> ERUs: <ERU>
Proposed Max. FY 16-17 Annual Fee Amount: $ <Max_Asmt>
(Approx. monthly Fee Amount:$ <Mo_Asmt>)
NOTICE
This Notice informs you,as a record owner of property within the City of Rancho Palos Verdes,that on December 1, 2015,the
City Council adopted a Resolution scheduling a Public Hearing to consider an election to renew the Storm Drain User Fee(the
"Fee")for an additional 10 year period.
On April 19, 2005,the City Council approved Ordinance No.418 imposing the Fee for each parcel draining into City-maintained
drainage infrastructure starting FY 2006-07. The proposed Fee for each parcel is computed in conformity with the methodology
approved in 2005 and the renewal of the Fee will allow for the collection of the Fee starting FY 2016-17 through FY 2025-26.
The Public Hearing will be held during a regular meeting of the City of Rancho Palos Verdes City Council on February 2,2016,
at 7:00 p.m., in McTaggart Hall,at Fred Hesse Jr. Community Park, located at 29301 Hawthorne Boulevard, Rancho
Palos Verdes,Ca. All interested persons are invited to attend the Public Hearing and express opinions about the proposed
Fee, and the written report.
The written report and Procedures for the conduct of the Public Hearing are on file in the office of the City Clerk and available for
public inspection. The written report for the renewal is also available for public inspection. These documents may also be
viewed on the City's website at: http://www.rpvca.gov/154/water-quality-flood-protection-program
INFORMATION ABOUT THE PROPOSED FEE
1. Purpose of the Fee: The City is proposing to renew the annual Storm Drain User Fee for the purpose of funding
construction and maintenance of the City's storm drain system pursuant to the City's Water Quality and Flood Protection
Program(the"Program"). The revenue generated over the next 10 years will be used to fund storm drain construction and
replacement projects,over 18,000 linear feet of storm drain lining, as well as the installation of filtration devices in catch
basins around the City in compliance with federal pollution reduction requirements.
The City is currently subject to certain capital improvement plans, including a Storm Drain Management Plan and the City's
2015 5 Year Capital Improvement Plan. In addition,the City has conducted studies, including a conditions assessment of
100%of existing storm drains within the City to determine the overall condition and necessity for repairs and additional
infrastructure to storm drain facilities. Extending the Fee is necessary to meet the goals set forth in these various plans,
including repairing existing infrastructure,constructing stabilizing infrastructure to manage storm waters in the presence of
canyons and other conditions within the City,as well as to repair the lining within existing storm drains. The City utilized
these studies and required improvements to calculate the amount to be raised by the Fee,and amounts raised by the Fee
will only be used for the purpose of financing projects relating to the City's storm drain system. Further information on the
Resolution No. 2015-107
01203.0006/276093.2 Exhibit A
Page 1 of 3
method of calculating the fee can be found on the City's website at http://www.rpvca.gov/154/water-quality-flood-
protection-program.
2. If approved,the proposed maximum annual Storm Drain User Fee rate for FY 2016-17 will be$96.85 per Equivalent
Residential Unit(ERU)which equates to$8.07 per ERU per month. Commencing with FY 2017-18,the maximum rate per
ERU will increase by the amount of the increase of the CPI, but not to exceed 2 percent each year. However,each year the
City Council will hold a public hearing and determine the actual rate per ERU that will be charged,which can be any
amount up to the maximum rate.
The proposed Fee amount for FY 2016-17 for your parcel,as well as the parcel area, land use designation and impervious
percentage used to calculate the Fee, is shown on the front of this notice on the upper right-hand side. Information on
how the Fee is calculated is provided in the detailed explanation fact sheet at the City website located at
http://www.rpvca.gov/154/water-quality-flood-protection-program.
If you think that the area or impervious percentage for your parcel is incorrect, please contact Mr.Andy Winje
(andywrpvca.Qov,see additional contact information below), and the City will provide you with information on how to
appeal your User Fee amount.
3. The California Constitution requires that the proposed Fee must go through a two-step approval process.The first step is
a Public Hearing,and the second step is a property owner election.
Public Hearing
All property owners subject to the proposed Fee will be given the opportunity to protest the Fee at the Public Hearing. If
at the conclusion of the Public Hearing,written protests against the proposed Fee have been filed(and not withdrawn)
by the owners of a majority of the parcels subject to the Fee,then the process will stop and the Fee will not be
imposed.
A written protest must identify the property and be signed,as further described below in Section 4. The City will not
accept protests by email. In order to be counted in determining whether there is a majority protest,written protests
must be filed with the City Clerk prior to the conclusion of the Public Hearing. Written protests may be delivered to the
City Clerk at the Public Hearing or mailed or delivered to the City Clerk at City Hall at the address shown on the front of
this notice. Protests which are mailed or delivered to City Hall must arrive at City Hall by 4:30 p.m.on February 2,2016
to be counted. Only one written protest will be counted per parcel.
Property Owner Election
In the absence of a majority protest,the City Council may order an election on the proposed Fee. One ballot will be
provided for each parcel subject to the proposed Fee. Ballots will be mailed to the record owner(s)of the parcels.The
City Council may impose the Fee if the Fee is approved by the majority of the returned ballots. If approved,the fee will
be collected on the annual County Property Tax Bills commencing with FY 2016-2017.
4. Protest Procedure:
Owners of real property subject to the Fee(and renters of such property who actually pay the Fee)in the City,who wish to
protest the extension of the Fee,can send in a written protest to the City Clerk at the address below and/or attend the
public hearing on the Fee to register their written protest at the hearing. Only one written protest per residential parcel in
the city's service area(i.e. address/assessor parcel number)will be counted. Written protests must be received by the City
Clerk prior to or during the public hearing on February 2,2016. Any written protests received following the close of the
public hearing will not be counted.
All written protests must(at a minimum) include the following information to be counted: (a)address or assessor parcel
numbers of property subject to the Fee, (b)name and signature of protester and whether the protester is a property owner
or renter and(c)a clear statement protesting the fee pursuant to this notice. Written protests by electronic mail will not be
accepted. This protest hearing is being conducted in accordance with Article XIIID of the Constitution. The City Council
Resolution No. 2015-107
01203.0006/276093.2 Exhibit A
Page 2 of 3
will not implement the procedures to authorize the Fee should a majority protest against the Fee be received on all
identified residential parcels in the City's service area.
Persons wishing to protest must submit such protests to the City Clerk at 30940 Hawthorne Boulevard, Rancho Palos
Verdes,CA 90275 before the public hearing or appear at the public hearing and submit their written protests at the
hearing.
If you challenge this proposal in court,you may be limited to raising only those issues you,or someone else raised at the
public hearing described in this Public Hearing Notice,or in written correspondence delivered to the City Clerk at,or prior
to the Public Hearing.
5. For more information,or if you have questions,contact: Deborah Cullen, Director of Finance, or Michael Throne, Director
of Public Works, City of Rancho Palos Verdes, Telephone: 310-377-0360 Fax: 310-544-5291 email:
dcullen@rpvca.gov or michaelt@rpvca.gov.
Resolution No. 2015-107
01203.0006/276093.2 Exhibit A
Page 3 of 3