ORDINANCE NO. 418 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN ANNUAL STORM DRAIN USER FEE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. ORDINANCE NO. 418 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN ANNUAL STORM DRAIN USER FEE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. ORDINANCE NO. 418 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN ANNUAL STORM DRAIN USER FEE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

ORDINANCE NO. 418

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN ANNUAL STORM DRAIN USER FEE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The City Council finds:

1.1 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 Pursuant to Health and Safety Code Section 5473, the City Council hereby elects to have such Storm Drain User Fee collected on the County of Los 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 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.

1.3 The City Council has caused a written report entitled, "Rate Analysis Report" and dated April 13, 2005, 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 2006-07.

1.4 On June 4, 2005 and June 11, 2005, 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.

1.5 On June 21, 2005, 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. 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.

1.6 The City Council hereby finds and determines that the Storm Drain User Fee does not exceed the reasonable cost of providing the services and facilities furnished by the City in connection with its storm drain system and that the Storm Drain User Fee is not being levied for general revenue purposes.

Section 2. Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new chapter 3.44 to read 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.

3.44.010 Purpose. This chapter establishes an annual Storm Drain User Fee for all parcels of real property in the City that drain into City-maintained storm drain infrastructure, including pipes, inlets, outlets and natural drainage courses (the "City’s storm drain system").

3.44.020 Fee Levied.

A. Commencing with fiscal year 2006-07, 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 run off 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:

(i) (Parcel Area) x (Impervious Percentage) = Drainage Units

(ii) (Drainage Units) ¸ (0.118) = Equivalent Residential

Units

(ERU’s)

(iii) (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.

B. 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

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)

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.

C. 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.

D. 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.

E. $86.00 is the maximum annual Storm Drain User Fee rate per ERU for fiscal year 2006-07.

F. Such maximum annual rate per ERU shall be increased annually commencing with fiscal year 2007-08, 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.

G. Notwithstanding Section 9217 of the California Elections Code, without a vote of the property owners, in any year the City Council may do any and all of the following: (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 2006-07, 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 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.

3.44.40 Annual Review of Fee. Each fiscal year, commencing with fiscal year 2007-08, 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 Water Quality and Flood Protection Program Enterprise Fund; and the current and projected General Fund reserves. 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:

1. The property owner must provide written documentation explaining the reason why the Storm Drain User Fee should be changed. This documentation must include:

a. The name, phone number, mailing address, and email address, if available, of the property owner.

b. The Assessor’s Parcel Number (APN) of the property in question.

c. To-scale drawings of the property in question and the impervious areas located on it with accompanying calculations. The to-scale drawings shall include the square footage and labels for each impervious area (i.e. house, garage, driveway, patio, tool shed, carport, etc.).

2. If additional documentation is required or insufficient documentation was submitted, a representative of the Public Works Department or his or her designee (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 will be changed.

If the Director’s determination is that the fee should not be changed, the property owner can appeal this decision to the City Council. The appeal must be made in writing and returned no later than four (4) weeks from the date of mailing of the Director’s appeal decision. The City Clerk shall fix a time and place for hearing the appeal and shall give notice in writing to the appellant in the manner prescribed in Section 3.16.090 for service of notice of hearing. The City Council’s determination on the appeal shall be final.

Appeals will be accepted annually up until June 30 for inclusion on the following fiscal year’s property tax roll submittal. However, if an appeal is granted by Staff, the Director or the City Council that does not permit inclusion for the following fiscal year’s property tax roll submittal, a reimbursement will be provided to the property owner by the City. Any action brought against the City pursuant to this Section 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 Water Quality and Flood Protection Program Enterprise Fund and the moneys shall only be expended for facilities and services furnished by the City in connection with its storm drain system.

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, 2037, and shall not be levied by the City during any subsequent fiscal year.

Section 3. For each tax year in which the City proposes to collect the Storm Drain User Fee on the tax roll, the City Council shall cause a written report to be prepared and filed with the City Clerk, and the City Council shall hold a duly noticed public hearing on the written report and hear and consider all objections and protests thereto. Such public hearing shall be conducted in conjunction with the public hearing held pursuant to Section 3.33.050 of the City’s Municipal Code and may be combined into a single public hearing. 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.

Section 4. 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 2006-07, 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.

Section 5. 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.

Section 6. The City Council is empowered to adopt or amend the procedures, rules and regulations that are necessary to implement this Ordinance.

Section 7. 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 8. 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 Storm Drain User Fee.

Section 9. 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.

PASSED, APPROVED AND ADOPTED THIS 16th day of August 2005.

 

 

/s/ Larry Clark

Mayor

Attest:

 

 

/s/ Carolynn Petru

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, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 418 passed first reading on June 21, 2005, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 16, 2005, and that the same was passed and adopted by the following roll call vote:

AYES: Long, Stern, Wolowicz, and Mayor Clark

NOES: Gardiner

ABSENT: None

ABSTAIN: None

______________________

City Clerk