CC SR 20160503 02 - Storm Drain User Fee ProposalRANCHO PALOS VERDES CITY COUNCIL
MEETING DATE: 05/03/2016
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration of a proposal from the City Council subcommittee for a revised storm
drain user fee and the next steps to establish such a fee if one is enacted.
RECOMMENDED COUNCIL ACTION:
(1) Receive and discuss a proposal from the City Council subcommittee to establish
a revised storm drain user fee.
FISCAL IMPACT: This work is not included in the FY 2015/16 municipal budget and
an appropriation is required. It is recommended to continue to utilize Harris &
Associates for the preparation of the rate analysis report and mail ballot election in the
amount of $20,000 as their prior work for the City in this arena has been very
satisfactory. An additional $15,000 is required for postage expenses.
Amount Budgeted: $0
Additional Appropriation: $0
Account Number(s): 101-3001-431-32-00
ORIGINATED BY: Michael Throne, PE, Director of Public Works
REVIEWED BY: Michael Throne, PE, Director of Public Works
Deborah Cullen, Director of Finance
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed new 2016 Storm Drain User Fee Ordinance (page A-1)
BACKGROUND AND DISCUSSION:
This item was discussed by the City Council on April 5, 2016, and Mayor Dyda
requested that it be brought back so that the entire City Council could participate in the
discussion.
The City's Storm Drain User Fee was established in 2005 (2005 Fee) and is paid by
12,306 of property owners (or approximately 80% of all property owners in the City). In
2007, the City's voters approved Municipal Code Chapter 3.44 Storm Drain User Fee
that specifies the collection and use of the 2005 Fee. The voters also imposed a 10 -
year sunset on it and FY15-16 is the last year of collection. The City collects about $1.3
million annually from the 2005 Fee with a median rate of $96.85 per parcel, which is
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restricted to expenditures for the storm drain system. The assumptions, methodology,
and structure to assess and collect it are still valid and compliant with law.
Each year, the City Council considers an Annual Report for the 2005 Fee to determine
the specific levy for that year, subject to the terms of Chapter 3.44. The Annual Report
contains, generally, a description of each parcel of property that drains into the storm
drain system, and the proposed amount of the 2005 Fee for the respective year, taking
into account current and projected revenues of the City that would also be available for
payment of such expenses, including property taxes, sales taxes and transient
occupancy taxes, as well as the projected eligible expenditures in such year. The 2005
Fee cannot be increased in any year in excess of the maximum amounts set forth under
the Municipal Code which, generally, includes a measure of proportionality based on
storm -water run-off and parcel size.
On February 2, 2016, the City Council discussed the merits and options to extend the
2005 Fee and other funding options. Extending the 2005 Fee was not supported by the
City Council and consequently it will sunset on June 30, 2016. A City Council ad-hoc
subcommittee of Mayor Dyda and Councilmember Misetich was appointed to meet to
discuss the funding options and alternatives discussed at the City Council meeting.
Subcommittee Proposal
The subcommittee meeting resulted in the following proposal to create a 2016 Fee:
1) The 2016 Fee would be for 10 -years
2) The 2016 Fee will use the existing rate structure as described above, which
includes a formula considering, generally, a measure of parcel size and storm -
water run-off
3) Expenditures will be restricted for use on existing pipes, inlets, outlets and
swales
4) New construction and drainage work in canyons are not eligible to use user fee
funds
5) Stormwater quality projects and activities are not eligible to use funds collected
with respect to the Fee
6) The Finance Department will establish and administer the fund for 2016 Fees
collected as an enterprise fund to be known as the "Flood Control and Protection
Enterprise Fund"
7) If funds are transferred from the General Fund those transfers will be formalized
as a loan from the General Fund
Specifically, the 2016 Fee would be levied for an additional 10 year period, subject to
the same formula which considers parcel size and proportional storm -water runoff, as
well as a CPI increase. If approved, the City Council would establish the Fee each year
subject to the maximum rate set forth in the attached Ordinance, after considering other
available funds as well as projected expenses, and public protests. The 2016 Fee
collected may only be spent on existing projects as described above.
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A proposed 2016 Fee ordinance is included as Attachment A
Process to Extend the Fee
The required proceedings for the 2016 Fee are very similar to the proceedings
undertaken by the City in 2005 to establish the 2005 Fee. An election is required and
the City Council has the option of holding a registered -voter election or conducting a
mailed -ballot election of the affected property owners. The Fee requires a two-thirds
vote if the election is by registered voters and by a majority vote if the election is by the
property owners. Conducting a property owner mailed -ballot election as was done in
connection with the approval of the 2005 Fee is consistent with past practice because
the property owners pay the Fee. This consequently is the recommended path.
An appropriation is required to fund the activities of a consultant firm to prepare a rate
analysis report, the requisite ballot materials and administer the mailed -ballot election.
The estimated consultant cost is $20,000 with an additional $15,000 required for
postage.
The process to seek property owner approval of the 2016 Fee via a mailed -ballot
election in fall 2016 can be summarized as follows.
• City Council considers directing staff to conduct a mail ballot election — tonight's
agenda item
• City Council consideration of an appropriation to fund a consultant to prepare and
implement the mail ballot election
• Mail Notices of Public Hearing — minimum 45 days before Public Hearing
• Publish Notice of Public Hearing in Newspaper — twice in two consecutive weeks
prior to Public Hearing
• Conduct Public Hearing — minimum 45 days prior to the Election
• If the City Council does direct staff to conduct the mail -ballot, the ballot period
would be through August 2016
• The ballots are received and City Council adopts the results of the election on
August 30, 2016; if the results are favorable, the City Council would consider
adopting the revised ordinance.
Section 2.50.020 of the Municipal Code requires elections for new fees to be conducted
on the same days authorized under the Elections Code. As such, unless the Municipal
Code is revised to incorporate recent revisions to Proposition 218 exempting fee
elections from the Elections Code, if the election is not held by August 30, 2016, the
next election date would be May of 2017.
ALTERNATIVES:
The City Council may consider the following alternatives in lieu of the recommended
action:
Direct Staff to investigate other funding options.
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Draft Proposal
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER
3.44 OF THE RANCHO PALOS VERDES MUNICIPAL CODE AND ESTABLISHING AN
ANNUAL STORM DRAIN USER FEE
WHEREAS, the City's Storm Drain User Fee (Fee) was established in 2005 and is
paid by 12,306 of property owners (or approximately 80% of all property owners in the
City; and
WHEREAS, in 2005, the City's voters approved the addition of Chapter 3.44 Storm
Drain User Fee, to the RPVMC that specifies the collection and use of the Fee; and
WHEREAS, the voters also imposed a 10 -year sunset on the Fee and FY15-16 is
the last year of collection and it will sunset on June 30, 2016; and
WHEREAS, the City collects about $1.3 million annually from the Fee with a
median rate of $96.85 per parcel, which is restricted to expenditures for the storm drain
system; and
WHEREAS, the assumptions, methodology, and structure to assess and collect
the fee are still valid and compliant with law; and
WHEREAS, on February 2, 2016, the City Council discussed the merits and
options to extend the 2005 fee and other funding options, and created an ad-hoc
subcommittee of Mayor Dyda and Council Member Misetich were appointed to meet to
discuss the funding options and alternatives, and concluded that the purposes for which
the funds could be spent should be narrowly defined and not include water quality issues;
and
WHEREAS, on a public hearing was held on the new storm drain fee
ordinance which is proposed to be placed on the ballot on to be approved by
effected property owners, a majority protest not having been received at the public
hearing, and with the ordinance having been modified to deal with prior objectives.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds:
1.1 Authority. 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 Initial Adoption. Pursuant to Health and Safety Code Section 5473, on
August 16, 2005, the City Council adopted Ordinance No. 418, adding Chapter 3.44 to
the Municipal Code and adding a Storm Drain User Fee collected on the County of Los
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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
the Health and Safety Code.
1.3 Expiration. Pursuant to Section 3.44.070 and Ordinance No. 467, the Storm
Drain User Fee expires on June 30, 2016.
1.4 Establish With Restricted Purpose. It is the desire of the City Council to
establish a new Storm Drain User Fee for a ten (10) year term commencing with fiscal
year 2017-18, for the restricted purpose of funding maintenance, repair, and replacement
of existing pipes, inlets, outlets, manholes, ditches, and swales required for flood control
and protection, utilizing the existing rate structure set forth in Ordinance 418 and
Ordinance 467, and to establish an enterprise fund for the purpose of depositing and
utilizing funds collected hereunder.
1.5 Collection With General Taxes. Pursuant to Health and Safety Code
Section 5473, and in compliance with the provisions of Article XIII D of the California
Constitution, the City Council hereby elects to establish a new Storm Drain User Fee,
such Storm Drain User Fee collected on the County of Los Angeles tax roll commencing
with fiscal year 2017-18, 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.
1.6 Report on Application to Parcels. The City Council has caused a written
report entitled, "Rate Analysis Report" and dated , 2016, 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 2017-18. The number of Identified Parcels was determined to be
1.7 Notice and Hearing. On , 2016 and , 2016, 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.
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1.8 Insufficiency of Protests. On , 2016, 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. Written protests were liberally construed
if from any party with an interest in the property, and with a majority protest requiring
, and with only some received prior to or at the hearing. Based on the
foregoing, 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.
1.9 Fee Does Not Exceed Reasonable Cost. The City Council hereby finds and
determines that the Storm Drain User Fee, which is calculated pursuant to the formula
set forth herein and takes into account the Parcel Area and Impervious Percentage to
determine the respective Fee, does not exceed the reasonable cost of providing the
services and facilities furnished by the City in connection with its storm drain system, as
evidenced by the Rate Analysis Report, and that the Storm Drain User Fee is not being
levied for general revenue purposes, and may only be used for the purposes set forth
herein. Increases for inflation are authorized under Section 53739 of the California
Government Code.
Section 2. Revised Storm Drain User Fee Ordinance. Title 3 of the Rancho
Palos Verdes Municipal Code is hereby amended by deleting Chapter 3.44 in its entirety,
and replacing it 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.
3.44.080 Storm Drain User Fee Oversight Committee.
3.44.090 Eligible and Ineligible Uses.
3.44.100 Interfund Transfers.
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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 existing City -maintained
storm drain infrastructure, including pipes, inlets, outlets and swales (the "City's Storm
Drain System"), as set forth in Section 3.44.090 herein.
3.44.020 Fee Levied.
Commencing with fiscal year 2017-18, 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.
The amount of contributed storm runoff 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:
1. (Parcel Area) x (Impervious Percentage) = Drainage Units
2. (Drainage Units) - (0.118) = Equivalent Residential Units
(ERU's)
3. (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.
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
Table 1 - SFR Impervious Percentages
Land
Use
Impervious
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)
SFR4
41.0%
0.281-0.54
acres (12,240 sf--23,565 sf)
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Draft Proposal
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.
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.
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.
$ is the maximum annual Storm Drain User Fee rate per ERU for
fiscal year 2017-18.
Such maximum annual rate per ERU shall be increased annually
commencing with fiscal year 2017-18, by an amount equal to the 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.
Without a vote of the property owners, in any year the City Council may
modify or make technical adjustments to this ordinance provided it may not increase the
maximum rate set forth herein or change the purposes for which the monies may be
spent, and notwithstanding the generality of the foregoing, the City Council may (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[Dc1] 2016-17, 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
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Draft Proposal
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 Storm Drain User Fee for such year
on the tax roll in the following fiscal year or years.
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 2017-18, 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.
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 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.
3.44.040 Annual Review of Fee. Each fiscal year, commencing
with fiscal year 2018-19, 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
Flood Control and Protection Enterprise Fund; and the current and projected General
Fund reserves.
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.
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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Draft Proposal
A. The property owner must provide written documentation explaining
the reason why the Storm Drain User Fee should be changed. This documentation must
include:
1. The name, phone number, mailing address, and email
address, if available, of the property owner.
2. The Assessor's Parcel Number (APN) of the property in
question.
3. 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.).
B. 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.
C. 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.
1. If the determination is to change the fee amount, then the new
fee amount will be documented within the City's fee database.
2. 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.
3. 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
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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 Flood Control and Protection Enterprise Fund and the
moneys shall only be expended for facilities and services furnished by the City in
connection with the City's Storm Drain System. Funds deposited in the Flood Control
and Protection Enterprise Fund shall only be used for eligible purposes set forth in Section
3.44.090 herein.
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, 2027, and shall not be levied by the City during any subsequent fiscal
year.
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 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 Flood Control and Protection 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 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.
3.44.090 Eligible and Ineligible Uses.
Draft Proposal
Funds collected pursuant to the provisions of this Chapter 3.44 are
to be used exclusively for maintenance, repair, and replacement of existing pipes, inlets,
outlets, manholes, ditches, and swales that provide flood control and protection. Under
no circumstance may the funds collected pursuant to the provisions of this Chapter 3.44
be used to fund new construction and/or drainage work in canyons. In addition, storm -
water quality projects and activities are not eligible to be funded from Storm Drain User
Fees collected pursuant to the provisions of this Chapter 3.44.
3.44.100 Interfund Transfers. The City may not transfer any funds
from the General Fund to the Flood Control and Protection Enterprise Fund, except in the
form of an Interfund Loan, subject to the terms determined by the Director of Finance in
consultation with the City Manager or, should the City at a later date adopt a policy with
respect to such interfund loans, pursuant to such policy.
Section 3. Severance. 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 4. Election. 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 the Storm Drain User Fee. The election shall be a mailed -ballot
election, conducted subject to the terms of Proposition 218. While the election described
herein is not subject to the Elections Code pursuant to Government Code Section
53755.5, the City may, but is not required to, utilize applicable procedures under the
Elections Code only to the extent such procedures are consistent with Proposition 218.
Section 5. Cit, Cy lerk. 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.
Draft Proposal
PASSED, APPROVED AND ADOPTED THIS day of , 2016.
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, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. passed first reading on , was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on
2016, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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