CC SR 20151201 08 - Storm Drain User Fee RenewalCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Staff Coordinators:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
DEBORAH CULLEN, DIRECTOR OF FINANCE}X_
MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS~
DECEMBER 1, 2015
STORM DRAIN USER FEE RENEWAL PROCESS
DOUG WILLMORE, CITY MANAGER~
Kathryn Downs, Deputy Director of Finance
Andy Winje, PE, Senior Engineer
RECOMMENDATION
1. Receive and file Engineer's Report with per-parcel data for proposed renewal of
the storm drain user fee.
2. Adopt Resolution No. 2015-__ , 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.
DISCUSSION
The purpose of this agenda item is procedural, to further the goal of engaging the public
regarding a potential extension of the Storm Drain User Fee.
Purpose of the Storm Drain User Fee
The Storm Drain User Fee is a voter enacted fee established for the purpose of
maintaining City storm drain infrastructure, including pipes, inlets, outlets and natural
drainage courses. Funds generated by the Storm Drain User Fee are used both to
maintain existing infrastructure in accordance with a Master Plan of Drainage, a copy of
which is available on the City's website, in addition to financing specific new
improvements to better manage storm-water issues in the City. Such projects may be
pursuant to the City's Capital Improvement Plans, or may be the result of studies
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STORM DRAIN USER FEE RENEWAL PROCESS
December 1, 2015
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conducted by the City to determine specific community needs .
The Storm Drain User Fee was originally calculated taking into account parcel area,
impervious percentage, and drainage units, and is subject to a 2% maximum annual
increase to adjust for increases in the Consumer Price Index. Fees are also subject to
an appeals process pursuant to the Municipal Code, as well as annual review by the City
Council and an Oversight Committee comprised of citizens, established specifically for
the purpose of reviewing the fee and associated spending on an annual base.
History of the Storm Drain User Fee
After a series of storms demonstrated the need to evaluate the City's storm drain system,
on January 7, 1997 the City Council authorized funding for the City's first Storm Drain
Master Plan, which resulted in nearly $8 million of recommended projects for replacing
undersized storm drains. In April of 2001 the City Council approved a study of drainage
facilities along Palos Verdes Drive East that included physical inspection of the accessible
pipelines. The results of the PVDE study indicated drainage system deficiencies far more
extensive than the original 1997 study identified. In August of 2003 the City Council
approved an update of the Storm Drain Master Plan that included video inspection of
many of the corrugated metal pipe drains installed by the County.
On April 19, 2005, the City Council set a public hearing for June 21, 2005 regarding the
establishment of a proposed Storm Drain User Fee. On June 21, 2005 the City Council
conducted the public hearing and did not receive a protest of the proposed fee from a
majority of affected property owners. The City Council then set a mail ballot election for
August 30, 2005. The affected property owners voted to establish a Storm Drain User
Fee.
In 2007, a measure to repeal the annual Storm Drain User Fee was qualified for the
November 6, 2007 election. The City proposed a competing ballot measure to shorten
the duration of the Storm Drain User Fee from thirty years to ten years and to establish
an oversight committee to monitor the annual Storm Drain User Fee expenditures. City
voters opted to amend the Storm Drain User Fee rather than repeal it. The Storm Drain
User Fee will sunset on June 30, 2016.
The Proposed Extension
On November 17, 2015, the City Council directed Staff to schedule a public hearing for
January 19, 2016; to consider whether the City should conduct a mail-ballot election of
affected property owners, for a 10-year extension of the storm drain user fee.
The revenue received from the proposed 10-year extension of the storm drain user fee
will be used exclusively for projects relating to maintenance and improvements to storm
drains within the service area. Specific allocations include:
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STORM DRAIN USER FEE RENEWAL PROCESS
December 1, 2015
Page 3 of 4
•!• Improvement of existing projects pursuant to the Master Plan of Drainage as posted
on the City's website on October 1, 2015 and provided to CC on November 17, 2015.
These include improvements to existing storm drain facilities.
•!• Replacement of storm drain lining based on a condition assessment which was
conducted through internal camera surveillance of 100% of the pipes. The purpose
of the storm drain lining is to extend the life of the pipes.
•!• Funding new storm drain infrastructure projects pursuant to the City's 2015 5-year
capital improvement plan. This will include, for example stabilization measures for
certain canyons in the City and implementing water quality filtration systems.
The proposed 10-year extension of the storm drain user fee will extend the current fee
rate to 2025-2026, then allow the City Council to annually adopt increases by CPI, with a
maximum increase of 2%.
The City Council . will continue to appoint an Oversight Committee consisting of five
residents of the City. The purpose of the Oversight Committee is to review and provide
oversight of the storm drain user fee and the revenues derived therefrom. The Oversight
Committee shall hold at least one public hearing annually and issue an annual report to
inform City residents and the City Council how the storm drain user fee revenues are
being spent. The Oversight Committee shall make recommendations to the City Council
regarding future expenditures of the storm drain user fee and whether to collect the fee
for the upcoming fiscal year.
If the 10-year extension is not approved, the source of funding for such infrastructure
development and maintenance will not be available, which will likely result in a decrease
in the level of services, inability to construct the projects and plans described above, or a
necessity to seek other sources of funding.
Summary of the Process, in Accordance with Proposition 218 and Chapter 2.50 of the
Municipal Code
December 1, 2015 -Receive Rate Engineer's report with per-parcel data, and adopt a
resolution ordering the notice of public hearing to be mailed and formally setting the date
of that hearing for January 19, 2016. The Rate Engineer's report was filed with the City
Clerk's office and posted on the City's website on November 24, 2015.
December 4, 2015 -Mail the notices of public hearing to all affected property owners
(about 12,000). The notice will include the date, time and location of the public hearing;
the proposed fee amount for the parcel, and instructions for filing a written protest. This
step must be done at least 45 days prior to the public hearing. The Notice of Public
Hearing template is attached to this staff report.
December 31, 2015 and January 7, 2016 -Publish notices of public hearing in the local
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STORM DRAIN USER FEE RENEWAL PROCESS
December 1, 2015
Page 4 of 4
newspaper. This step must be done at least 14 days and 7 days prior to the public
hearing.
January 19, 2016-Public Hearing. Affected property owners have until January 19, 2016
to submit a written protest opposing the proposed extension of the storm drain user fee.
Only written protests received prior to the close of the public hearing will be considered.
After the close of the public hearing, the City Council shall cause the written protests to
be opened and tallied. If there is no majority written protest from affected property
owners, the City Council may choose to adopt a resolution calling a special mail ballot
election and submitting the ballot measure to the voters, and adopt the ordinance
establishing the storm drain user fee (subject to voter approval) and providing for fee to
be collected on the tax rolls.
In addition, if no majority protest is received, the City will introduce for first reading an
ordinance amending Section 3.44.070 of the Municipal Code. This amendment will alter
the expiration date of the storm drain user fee pending voter approval.
February 2 -The ordinance will be brought back for a second reading and adoption by
the City Council.
February 8 through February 26, 2015 -Mail ballots to property owners .
March 8, 2016 -Date of election .
Attachments
A -Notice of Public Hearing template
Resolution No. 2015-__ , 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.
Harris and Associates Rate Analysis Report -November 18, 2015
01203.0006/276056.3 4
(Page 5)
(Page 8)
(Page 12)
City of Rancho Palos Verdes
City Clerk
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
<Owner1>
<Owner2>
<Mailing>
<MCity> <MZip>
NOTICE
NOTICE OF PUBLIC HEARING
City of Rancho Palos Verdes
in connection with the Proposed
Storm Drain User Fee
Assessor's Parcel Number: <APN>
Property Address: <Situs>
Land Use Designation: <Landuse>
Parcel Area (acres): <Acres>
Impervious Percentage(%): <Impervious>
ERUs: <ERU>
Proposed Max. FY 16-17 Annual Fee Amount: $ <Max_Asmt>
(Approx. monthly Fee Amount: $ <Mo_Asmt> )
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 January 19, 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-q uality-flood-protection-prog ram
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 has developed certain capital improvement plans, including the 2015 Master Plan of Drainage and the City's 2015
Five-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 proposed 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
method of calculating the fee can be found on the City's website at http ://www.rpvca.gov/154/water-quality-flood-
protection-proqram .
01203.0006/276093. l Page 1of3 5
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
(andyw@rpvca .gov, 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 January 19,
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 rea l 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 December 1. 2015 . 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 XlllD of the Constitution . The City Council
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 .
01203.0006/276093 .l Page 2 of 3 6
If you challen·ge 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.
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RESOLUTION NO. ----
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 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 seq.
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:
01203.0006/276023.1
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Section 1.
by this reference.
The above recitals are true and correct and are incorporated herein
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 54 73 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, JANUARY 19, 2016, AT THE HOUR OF 7:00 P.M., IN THE
COUNCIL CHAMBERS, FRED HESSE PARK COMMUNITY CENTER, 29301
HAWTHORNE BOULEY ARD, 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.
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9
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 ofland 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.
01203.0006/276023. l
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PASSED, APPROVED and ADOPTED this 1st day of December, 2015.
Mayor
ATTEST:
City Clerk
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Rate Analysis Report
for the
Water Quality and Flood Protection Program
Storm Drain User Fee
(2016 Renewal)
For the
City of Rancho Palos Verdes
Los Angeles County, California
November 18, 2015
12
City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
TABLE OF CONTENTS
Certificates ................................................................. Pg. 1
Introduction ............................................................... Pg. 2
Cost Estimates ............................................................ Pg. 5
Annual Fee Rate Calculations .................................... Pg. 6
Sample Calculations ................................. Pg. 10
Approval Process Flow Chart ............................... Exhibit A
Assessment Roll .............................. Under Separate Cover
November 18, 2015
II I Harris & Associates
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City of Rancho Palos Verdes November 18, 2015
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
Preliminary Report
City of Rancho Palos Verdes
Storm Drain User Fee
The undersigned respectfully submits the enclosed report as directed by the City Council.
DATED: November 18, 2015
BY: K. De nnTs Kli n elh ofe r
R.C.E. No. 50255
Page 1
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached,
was filed with me on the __ day of 2015.
Carla Morreale, City Clerk,
City of Rancho Palos Verdes
Los Angeles County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached
was finally adopted and confirmed by the City Council of the City of Rancho Palos Verdes, California, on
the __ day of 2015 .
Carla Morreale, City Clerk,
City of Rancho Palos Verdes
Los Angeles County, California
U I Harris & Associates
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
INTRODUCTION
November 18, 2015
Page 2
To ensure dedicated funding for the Water Quality and Flood Protection Program, the City of
Rancho Palos Verdes established a user fee in September 2005. Fiscal Year 2015-16 was the final
year of the original fee, however with the additional projects as recommended by the update to the
Master Plan of Drainage it is necessary to consider continuing the fee. The purpose of this report is
to:
• Review the requirements of Article XlllD of the State Constitution (Proposition 218)
relating to requirements for apportioning the costs associated with the storm drain
system.
• Ensure that the fee rate structure established is fair and equitable for the levying of the
costs of the Water Quality and Flood Protection Program.
• Identify changes in impervious factors for residential properties that were previously
capped in the original fee.
• Outline the process to continue the Fee based on Proposition 218.
Proposition 218 Requirements
All fees must comply with the provisions of Article XlllD of the California Constitution (Proposition
218). Section 6.b of Proposition 218 has the following requirements for all "new, extended,
imposed or increased" fees and charges:
1) "Revenues derived from the fee or charge shall not exceed the funds required to provide the
property-related service ."
2) "Revenues derived from the fee or charge shall not be used for any purpose other than that for
which the fee or charge was imposed."
3) "The amount of a fee or charge imposed upon any parcel or person as an incident of property
ownership shall not exceed the proportional cost of the service attributable to the parcel."
4) "No fee or charge may be imposed for a service unless that service is actually used by, or
immediately available to, the owner of the property in question. Fees or charges based on
potential or future use of service are not permitted. Standby charges, whether characterized as
charges or assessments, shall be classified as assessments and shall not be imposed without
compliance with [the assessment section of this code]."
5) "No fee or charge may be imposed for general governmental services including, but not limited
to, police, fire, ambulance or library services where the service is available to the public at large
in substantially the same manner as it is to property owners."
HI Harris & Associates
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
November 18, 2015
Page 3
There have been a number of court cases related to property-related fees in the last few years;
however they have all focused on water rates or groundwater charges. The only substantive part of
these cases that related to storm water fees is the requirement that the fees be based on the cost
of service and that they must be proportional. The City's current rate structure complies with this
requirement.
Rate Structure Analysis
Within the City of Rancho Palos Verdes there are many separate watersheds of various terrain and
with inlets, pipes and channels made of various materials and in various conditions. Some of these
watersheds flow directly to the ocean and others flow through other cities or into the
unincorporated county areas.
All parcels draining into City-maintained drainage infrastructure are proposed to be charged the
same user fee rate per ERU for storm drain renewal and maintenance. The Water Quality and Flood
Protection Fee is proposed to be extended for an additional ten years and the storm drain
improvement program that is being funded is anticipated to upgrade the entire City's storm drain
system to a uniform level of maintenance needs in the future.
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
does not include any City-maintained infrastructure, then they are not included in the fee.
The current Hydrology Manual and adopted impervious percentages have been reviewed for
consistency with current case law and Proposition 218 requirements. There were not any changes
that would have significant bearing on the current methodology.
Impervious Factor Changes
At the time of the original formation, one of the changes incorporated from the early appeals and
property owner concerns during the balloting timeframe was for the properties larger than 0.75
acres . It was determined those properties would be reviewed for actual imperviousness because
there was a greater potential for a portion of the property to consist of slopes therefore limiting the
amount of buildable area and therefore impervious area. That review resulted in several properties
having a reduced impervious percentage and fee.
Going forward, the properties that were capped in the original SFR5 category were reviewed to
confirm their actual impervious percentage and are now included in the SFR6 category which has
been changed to include all SFR properties 0.75 acres and greater.
Approval Process
Article XIII D of 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.
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
Pu b lic Hearing
November 18, 2015
Page4
All property owners subject to the proposed Fee will be given the opportunity to protest the Fee at
the Public Hearing scheduled for January 19, 2016. 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 . The City cannot accept electronic
protests, such as email or texting. 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 3:00 p.m. on January 19, 2016
to be counted. Only one written protest will be counted per parcel.
Property Owner Election
If there is an 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 and property owners will be given 45 days to return their
ballot. Property owners will be informed of the date and time tabulation of the ballots will occur
and they will have the opportunity to view the tabulation process. The results will be presented to
the City Council at the next regular Council Meeting following the completion of the tabulation and
the 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 for ten years
commencing with FY 2016-17. The mailed ballot election is expected to occur in spring of 2016.
A flowchart of the Approval Process is provided in Exhibit A.
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
COST ESTIMATE
November 18, 2015
Page 5
The estimated annual costs to fund the Water Quality and Flood Protection Program are provided
below in Table l.
Table 1 -Estimated Annual Costs
Budget
BEGINNING FUND BALANCE (7 /1/15) $863,848
ESTIMATED REVENUES
Annual Fee Levy $1,439,785
Interest Earnings $7,800
$1,447,585
ESTIMATED EXPENDITURES
Point Repairs $900,000
Pipe Lining $340,836
Miscellaneous Repairs & Maintenance $245,544
Reserve for Anticipated Additional Costs
Administration (contract/staff engineer) $79,736
$1,566,116
ESTIMATED ENDING FUND BALANCE (6/30/16) $745,317
The ending fund balance constitutes a Reserve for Future Projects.
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
ANNUAL FEE RATE CALCULATIONS
November 18, 2015
Page6
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. For the renewal process we reviewed all the appeals
that have been filed since the district was formed. Of the 75 appeals that were received, 65 were
approved. Because the percentages of appeals compared to the total number of parcels for each
land use was small, the only trend identified was for SFRs on larger lots. The lots 0.75 acres and
greater were moved to the SFR6 category and actual impervious area was calculated for each.
Looking at the aerials of the properties where multiple appeals were in the same tract verified the
appealed properties were the anomalies in that tract.
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 are reviewed individually using the GIS and Aerial photography to determine the
actual Impervious cover for each parcel.
Table 2 -SFR Impervious Percentages
Land Impervious
Use Percentage SFR Size Ranges
SFR1 74.0% 0.01 -0.16acres(-1 sf--7,012sf)
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)
SFR5 34 .5% 0.541 -0.74 acres (-23,566 sf--32,669 sf)
SFR6 n/a* 0.75 acres and greater
* the actual impervious percentage is used for each parcel.
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 83% of the parcels within the City are designated as
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
November 18, 2015
Page 7
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
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 current estimated
Drainage Units compared to the FY 2015-16 final roll.
Table 3 -Drainage Unit Comparison Table
Percent
Current Change in
Land lmperv. Drainage Prior Drain Drain Units
Use Parcels Acreage Percent Units Units over Prior Yr
SFR1 1, 114 162.569 74 .0% 120.055 120.055 0.00%
SFR2 1 ,899 349.683 58.0% 202.669 202.669 0 .00%
SFR3 3 ,097 736.832 48 .5% 357.420 357.420 0.00%
SFR4 2 ,811 1 , 108.431 41 .0% 451 .424 451.424 0 .00%
S FR5 587 366 .114 34.5% 123.705 123.705 0 .00%
SFR6 376 430 .965 actual* 100.612 94.956 5.96%
CNDO 1,845 139.458 actual* 95 .708 95 .708 0 .00%
MFR 39 53 .690 actual* 41.736 41.736 0.00%
COM 47 144.935 actual* 75.717 75.717 0.00%
INST 20 114.240 actual* 64.669 64.669 0.00%
GOV 48 490.258 actual* 120.473 120.473 0.00%
11,883 4,097.175 1,754.188 1,745.225 0.51%
Table 4 provides a summary of ERU for each land use based on the current Drainage Units.
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City of Rancho Palos Verdes November 18, 2015
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report Page 8
Table 4 -ERU Summary Table
Land
Use Parcels Acreage ERU Land Use Description
SFR2 1,899 349 .683 1,717 .5829 SFR: 0 .161 -0.20 acres (-7,013 sf--8,755 sf)
SFR3 3,097 736.832 3,029 .0239 SFR: 0.201 -0.28 acres (-8 ,756 sf--12,239 sf)
SFR4 2,811 1, 108.431 3,825.6320 SFR: 0.281 -0.54 acres (-12,240 sf --23,565 sf)
SFR5 587 366.114 1,048.3478 SFR: 0.541 -0.749 acres (-23,566 sf --32,669 sf)
SFR6 376 430 .965 852.6445 SFR: 0. 75 acres and oreater
CNDO 1,845 139.458 811.1116 Condominiums
MFR 39 53.690 353.6949 Multi-Family Residential
COM 47 144.935 641.6693 Commercial
INST 20 114.240 548.0422 Churches, Private Schools, Institutions
GOV 48 490.258 1,020.9573 Government-owned oarcels
11 ,883 4 ,097.175 14,866 .1297
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.
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
Annual Fee Rate
November 18, 2015
Page 9
Table 5 provides the calculation of the Maximum Annual Fee Rate for the first ten years of the
program.
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
FY 2014-15 0.5% $96.75 $98.20 $96.75 $96.75
FY 2015-16 0.1% $96.85 $98.69 $96.85 $96.85
The maximum rate per ERU for FY 2016-17 will remain at $96.85. The proposed extension of the
Fee will provide for the maximum rate to 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 starting FY 2017-18.
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 6 provides sample fee calculations for various land uses and parcel sizes based on the Fee
Rate for FY 2016-17 (the same as for FY 2015-16).
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
Table 6 -Sample Calculations
Est.
Land Use Parcel Parcel lmperv. Drainage
Designation Area (sf) Area (ac) x Percent = Units I
SFRl 3,500 0.08 x 0.740 = 0.059 I
SFR2 7,400 0.17 x 0.580 = o.099 I
SFR2 8,300 0.19 x 0.580 = 0.110 I
SFR3 9,200 0.21 x 0.485 = 0.102 I
SFR3 10,000 0.23 x 0.485 = 0.112 I
SFR3 11,300 0.26 x 0.485 = 0.126 I
SFR4 13,500 0.31 x 0.410 = 0 .127 I
SFR4 17,000 0.39 x 0.410 = 0.160 I
SFR4 21,400 0.49 x 0.410 = 0.201 I
SFR5 30,500 0.70 x 0.345 ::: 0 .242 I
CNDO* 1,307 0.03 x 0.800 = 0 .024 I
CNDO* 3,049 0.07 x 0.850 = 0.060 I
Non-SFR 13,068 0.30 x 0.820 = o.246 I
Non-SFR 13,068 0.30 x 0.700 ::: 0.210 I
Non-SFR 29,185 0.67 x 0.350 = o .235 I
Non-SFR 29,185 0.67 x 0.700 = 0.469 I
Non-SFR 71,874 1.65 x 0.650 = 1.073 I
Non-SFR 71,874 1.65 x 0.850 = 1.403 I
Non-SFR 135,907 3.12 x 0.400 = 1.248 I
Non-SFR 135,907 3.12 x 0.600 = 1.872 I
November 18, 2015
Page 10
FY 15-16 Annual
Fee Rate/ERU
0.118 = ERU's $96.85
0.118 = 0.5000 $48.43
0.118 = 0.8390 $81.26
0.118 = 0.9322 $90.28
0.118 = 0.8644 $83 .72
0.118 = 0.9492 $91.93
0.118 = 1.0678 $103.42
0.118 = 1.0763 $104.24
0 .118 = 1 .3559 $131.32
0.118 = 1.7034 $164.97
0.118 = 2.0508 $198.62
0.118 = 0.2034 $19.70
0.118 = 0.5085 $49.25
0.118 = 2.0847 $201.90
0.118 = 1.7797 $172.36
0.118 = 1.9915 $192.88
0.118 = 3.9746 $384.94
0.118 = 9.0932 $880.68
0.118 = 11.8898 $1,151.53
0 .118 = 10.5763 $1 ,024.31
0.118 = 15.8644 $1,536.47
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.
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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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
b. The Assessor's Parcel Number (APN) of the property in question.
November 18, 2015
Page 11
c. To-scale drawings of the property i n 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 (Staff) 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 w ill 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.
II I Harris & Associates
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City of Rancho Palos Verdes
Water Quality and Flood Protection Program
Storm Drain User Fee Preliminary Report
EXHIBIT A
Rate Structure Analysis Report
Set Public Hearing
November 18, 2015
r ..................... -... ·-··········· .. ·······-· .. 1
I Public Education & Community
Outreach __ , ............... --·--·····-····· ..................... .J
Mail Notice of Public Hearing to each Property Owner
If Majority Protest,
Abandon Proceedings
:-··-·-·-·-······· .. ---·············-··········-·········"'''
l !
1.. -An assessment balloting is 1,.
1 allowed for this process. ,
l i L ................... _ ............................................. J
Protest Hearing Conducted
, ................................ -......................... ....,
! •Protest is counted on a per I i parcel basis, based on !
L ..... ~~!~:.~.~-~.'.~:'. .. ~ .. :.~~=~.l
1 ......... -........................ _ ............. 1
'! al least 45 days prior to i
_ ..... _, __ ......_._,,_, ___ , .............. !
If No Majority Protest*
received, Property Owner
balloting is required
I I :··-·-·· ................ , .. _ ... ,,,.-: i l ...... ~!-~:~.~~~:J
If Majority of Ballots
are Against**,
Abandon Proceedings
,._ or __., If Majority of Ballots are not
Against**, Confirm Fees
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