SEPTEMBER 20, 2005 CERTIFICATION OF STORM DRAIN USER FEE MAILED BALLOT ELECTION SEPTEMBER 20, 2005 CERTIFICATION OF STORM DRAIN USER FEE MAILED BALLOT ELECTION SEPTEMBER 20, 2005 CERTIFICATION OF STORM DRAIN USER FEE MAILED BALLOT ELECTION

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: ASSISTANT CITY MANAGER/CITY CLERK

DATE: SEPTEMBER 20, 2005

SUBJECT: CERTIFICATION OF STORM DRAIN USER FEE MAILED BALLOT ELECTION

RECOMMENDATION

Adopt Resolution No. 2005-__, a Resolution of the City Council of the City of Rancho Palos Verdes reciting the facts of the Storm Drain User Fee Mailed Ballot Election, which was concluded in said city on August 30, 2005, declaring the results thereof and such other matters as provided by law.

DISCUSSION

The City Clerkís Office has completed the official canvass of the Storm Drain User Fee Mailed Ballot Election. Pursuant to California Election Code Section 10262, the City Clerk has issued a Canvass Certificate declaring the results of that canvass, which are set forth in Exhibit "A" of the attached resolution. In accordance with Election Code Sections 10263 and 10264, the City Council shall now adopt the proposed resolution reciting the facts of that election.

Respectfully submitted,

Carolynn Petru

Assistant City Manager/City Clerk

Attachment:

Resolution No. 2005-__

Resolution No. 2005- __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING THE RESULTS OF a Mail Ballot Election Relating to a Proposed Storm Drain User Fee in the City of Rancho Palos Verdes

WHEREAS, on April 19, 2005, a majority of the City Council (4-1) adopted Resolution No. 2005-38 (the "Resolution of Intention") declaring its intention to establish a proposed annual Storm Drain User Fee (the "Fee") to fund the Cityís Water Quality and Flood Protection Program; and

WHEREAS, Article XIIID of the California Constitution ("Proposition 218") requires the City to follow certain procedural and substantive requirements relating to the imposition of property-related fees and charges (as defined in Proposition 218); and

WHEREAS, the City has determined that the Fee is a "property-related" fee, subject to the provisions of Proposition 218; and

WHEREAS, before imposing the Fee, the City Council is required to hold a noticed public hearing on a written report (the "Written Report") containing a description of each parcel of real property within the City to which the Fee is applicable and the amount of the Fee for each such parcel for Fiscal Year 2006-07, and to consider protests to the Fee and, if a majority protest is not received at the public hearing, the Council must submit the question of the imposition of the Fee to a vote of the owners of the property subject to the proposed Fee for approval before the proposed Fee may be levied; and

WHEREAS, in accordance with Proposition 218 the City Council held a duly noticed public hearing on the matter of the Written Report and the proposed Fee on June 21, 2005 and took testimony, both written and oral; and

WHEREAS, pursuant to Ordinance No. 417, the City Council authorized the use of a mail ballot election for any election or assessment ballot proceeding required or authorized by Article XIIIC or XIIID of the California Constitution; and

WHEREAS, having determined that written protests were not received from property owners representing a majority of the parcels subject to the Fee, a majority of the City Council (4-1) adopted Resolution No. 2005-70 calling a special election, held solely by mail ballot, for the purpose of submitting the Fee to a vote of the owners of parcels subject to the Fee (the "Special Election") and thereafter adopted Ordinance No.418 establishing the Fee, subject to approval by a majority vote of the owners of parcels subject to the Fee; and

WHEREAS, pursuant to the terms of Resolution No. 2005-70 the Special Election was conducted commencing on July 8, 2005, and was completed at 8:00 p.m. on Tuesday, August 30, 2005, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns in Connection with the Proposed Storm Drain User Fee (the "Certificate"), a copy of which is attached hereto as Exhibit B and by this reference incorporated herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1: The above recitals are all true and correct.

Section 2: The Certificate is hereby accepted into the records of the City.

Section 3: The ballot measure presented at the Special Election (the "Ballot Measure") is set forth in Exhibit A attached hereto and by this reference incorporated herein.

Section 4: The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached to this Resolution as Exhibit B ("Certificate"). Pursuant to said Certificate, the Ballot Measure submitted at the Special Election was approved by a majority vote of the owners of parcels subject to the Fee.

Section 5: The City Council hereby determines that the Fee, as set forth in Ordinance No. 418 is lawfully authorized.

PASSED, APPROVED, AND ADOPTED this 20th day of September 2005.

 

______________________________

Mayor

ATTEST:

____________________
City Clerk

State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 20, 2005.

_________________________________

City Clerk

Exhibit A

BALLOT MEASURE

To provide the City of Rancho Palos Verdes with a dedicated funding source for up to 30 years to:

shall the City establish a new annual Storm Drain User Fee as part of the Cityís Water Quality and Flood Protection Program?

YES I support the proposed annual Storm Drain User Fee

NO I oppose the proposed annual Storm Drain User Fee

Exhibit B

CERTIFICATE OF THE CITY CLERK AS TO

THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS

IN CONNECTION WITH THE PROPOSED STORM DRAIN USER FEE

IN THE CITY OF RANCHO PALOS VERDES

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that I canvassed the returns of the Special Mail Ballot Election (the "Election") in connection with the imposition of an annual storm drain user fee (the "Fee"), that the last day for the return of mail ballots was August 30, 2005, that the Election was concluded on that date and that the total number of ballots cast in said election and the total number of votes cast for and against the ballot measure, as specified below, are full, true and correct.

Total of Ballots Received: 5,591

Total "Yes" Ballots: 2,819

Total "No" Ballots: 2,772

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 14th day of September 2005.

By: /s/ Carolynn Petru

Carolynn Petru

City Clerk, City of Rancho Palos Verdes