RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/05/2016 AGENDA HEADING: Regular Business

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1 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/05/2016 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; (2) Direct staff to start the process for a mail ballot election of the affected property owners to be held August 30, 2016; and, (3) Approve an appropriation of $40,000 for professional services provided by Harris & Associates to prepare a rate analysis report and conduct a mail ballot election pursuant to Proposition 218. 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 $20,000 is required for postage expenses. Amount Budgeted: $0 Additional Appropriation: $40,000 Account Number(s): ORIGINATED BY: Michael Throne, PE, Director of Public Works REVIEWED BY: Michael Throne, PE, Director of Public Works Deborah Cullen, Finance Director Carla Morreale, City Clerk APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Map of parcels subject to the 2005 storm drain user fee (page A-1) B. Proposed new storm drain user fee ordinance (page B-1) C. Harris & Associates cost proposal (page C-1) D. Accomplishments and expenditures to date funded by the 2005 storm drain user fee (page D-1) BACKGROUND AND 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 (see 1

2 Attachment A). In 2007, the City s voters approved Municipal Code Chapter 3.44 Storm Drain User Fee, which specifies the collection and use of the 2005 Fee. The voters also imposed a 10-year sunset on the fee 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 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 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 in its present form was not supported by the City Council and consequently it will sunset on June 30, A City Council ad-hoc subcommittee of Mayor Dyda and Council Member 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 consider the creation of a Fee: 1) The Fee would sunset after 10 years. 2) The 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 only on existing pipes, inlets, outlets and swales. 4) New construction and drainage work in canyons are not eligible to use Fee funds. 5) Water 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 Fees collected as an enterprise fund. 7) If funds are transferred from the General Fund to the enterprise fund for storm water work, those transfers will be formalized as a loan from the General Fund. If the Council were to move forward with a Fee, based on the Municipal Code the election would be held August 30, Section of the Municipal Code 2

3 requires elections for new fees to be conducted on the same days authorized under the Elections Code. As such, the election must be held on August 30, 2016, or wait until the next election date in May With the August 30 th date for the balloting, the City will be too late to have the amount levied on the FY16-17 property tax roll. Based on information from the City s consultant, we expect the deadline for submission to the County Auditor-Controller for placement on the FY16-17 property tax roll to be August 5, The deadline for corrections to levy data submitted on August 5 is August 30, The County starts printing tax bills in September. After August 30, the County charges $13.00 to change a tax bill., Thus, unless the City wishes to pay large sums in late fees which we don t recommend the levy would not occur until the following tax year (FY17-18). Specifically, the 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 Fee collected may only be spent on existing projects as described above. A proposed Fee ordinance is included as Attachment B. If the City Council finds the proposal satisfactory (including any modifications made tonight), it is recommended that a mail ballot of the affected property owners be conducted. Process to Extend the Fee The required proceedings for the 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 affected property owners will pay the Fee. Consequently, this 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 mail ballot election. The estimated consultant cost is $20,000 with an additional $20,000 required for postage. The process to seek property owner approval of the Fee via a mail-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) 3

4 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. ALTERNATIVES: In addition to the subcommittee and Staff recommendations, the following alternative actions are available for the City Council s consideration: A. Direct staff to investigate other funding options. B. Continue discussion of this item to a future City Council meeting after the April 11, 2016, budget workshop. 4

5 PARCELS INCLUDED IN THE CURRENT STORM DRAIN USER FEE Legend Storm Drain Pipes Rancho Palos Verdes Los Angeles County Rolling Hills Estates Private Unknown Parcels Included in User Fee (2016) Parcels Excluded from User Fee (2016) City Boundary Parcel 1: 16,100 Notes 12,417 Parcels included 3,037 Parcels excluded (not connected to City system) 15,454 Total parcels NAD_1983_StatePlane_California_V_FIPS_0405_Feet City of Rancho Palos Verdes Miles The information on this map is for reference only and may not be up-to-date. Please contact the City of Rancho Palos Verdes for more information. A-1

6 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 / Ordinance No. XXX Page 1 of 10 B-1

7 Angeles tax roll commencing with fiscal year , 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 to , inclusive, of the Health and Safety Code. 1.3 Expiration. Pursuant to Section and Ordinance No. 467, the Storm Drain User Fee expires on June 30, 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 , 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 , 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 to , 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 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 / Ordinance No. XXX Page 2 of 10 B-2

8 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 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 Storm Drain User Fee. Sections: Purpose Fee Levied Method of Collection of Fee Annual Review of Fee Appeals Process for Property Owners Deposit of Fee Revenues Duration Storm Drain User Fee Oversight Committee Eligible and Ineligible Uses Interfund Transfers / Ordinance No. XXX Page 3 of 10 B-3

9 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 herein Fee Levied. Commencing with fiscal year , 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% acres (-1 sf--7,012 sf) SFR2 58.0% acres (7,013 sf---8,755 sf) SFR3 48.5% acres (8,756 sf---12,239 sf) SFR4 41.0% acres (12,240 sf--23,565 sf) / Ordinance No. XXX Page 4 of 10 B-4

10 SFR5 34.5% 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 Such maximum annual rate per ERU shall be increased annually commencing with fiscal year , 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 Method of Collection of Fee. Commencing with fiscal year[dc1] , 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 / Ordinance No. XXX Page 5 of 10 B-5

11 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 , 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 Annual Review of Fee. Each fiscal year, commencing with fiscal year , 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 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: / Ordinance No. XXX Page 6 of 10 B-6

12 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 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 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 / Ordinance No. XXX Page 7 of 10 B-7

13 shall be subject to the provisions of Government Code Sections and 946. Compliance with these provisions shall be a prerequisite to a suit thereon 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 herein Duration. Unless repealed previously by the City Council pursuant to Section G(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 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 Eligible and Ineligible Uses / Ordinance No. XXX Page 8 of 10 B-8

14 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, stormwater quality projects and activities are not eligible to be funded from Storm Drain User Fees collected pursuant to the provisions of this Chapter 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 , 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. City Clerk. 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 / Ordinance No. XXX Page 9 of 10 B-9

15 PASSED, APPROVED AND ADOPTED THIS day of, 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 / Ordinance No. XXX Page 10 of 10 B-10

16 March 25, 2016 Ms. Deborah Cullen Director of Finance City of Rancho Palos Verdes Hawthorne Boulevard Rancho Palos Verdes, CA Re: Proposal to Finalize and Establish the Water Quality and Flood Protection Fee Dear Ms. Cullen, The following is our proposal for assisting the City with the extension of the Storm Drain User Fee per the California Health and Safety Code Section 5471 et seq. SCOPE OF WORK A. Update Rate Analysis Report / Preparation of Notices This scope item will provide services up to, but not including, the City Council meeting accepting the Rate Analysis Report and setting the public hearing date. This includes updating the report to include a description of the funded improvements. The individual tasks for this scope item are as follows: 1. Update the report to reflect the maintenance and services anticipated to be funded by the Fee based on input from the City. 2. Update the latest County Assessor s data and provide a draft 2016 Rate Analysis Report, for review and comment. 3. Finalize the Rate Report, based on comments received, and provide 1 electronic copy and up to twenty (20) hard copies to the City. 4. In conjunction with City staff and the City Attorney s office, prepare the draft form of the notice per the requirements of Section 6 of Article XIIID of the State Constitution (Proposition 218), for review and approval by the City. The notice will include the proposed fee rate structure, the proposed fee amount for the parcel being noticed, the basis upon which the rates were calculated, the reason for the fee, and the date, time and location of the public hearing. B. Fee Establishment Process 5. Attend the City Council meeting accepting the 2016 Rate Analysis Report and setting the public hearing date. 6. Finalize the Notice of Public Hearing. The notice and other informational material, as specified by the City, will be printed and stuffed into City envelopes (produced by Harris) and mailed with City provided postage a minimum of 45 days prior to the date of the public hearing. 7. Assist the City with the tabulation of any protest letters that are received. 8. Attend the Public Hearing to present the proposed Storm Drain Fee, provide technical support and answer questions. 22 Executive Park, Suite 200, Irvine, California FAX WeAreHarris.com C-1

17 Ms. Deborah Cullen City of Rancho Palos Verdes March 25, 2016 Page 2 9. In conjunction with City staff and the City Attorney s office, prepare the form of the ballot per the requirements of Section 6 of Article XIIID of the State Constitution and Government Code Section , for review and approval by the City. 10. The ballots and other informational material, as specified by the City, will be printed and stuffed into City envelopes (produced by Harris) and mailed with City provided postage a minimum of 45 days prior to the due date. Return envelopes for the ballots will also be produced. 11. After the specified ballot due date, the ballots will be opened and tabulated. Analysts using laptop computers will tabulate the ballots in a publicly accessible room designated by the City Clerk s office. 12. Attend the City Council meeting accepting the results of the balloting. 13. (Optional Services) Attend information workshops throughout the City to present the extended fee and answer questions relating to the fee and proceedings and/or assisting City Staff with processing Storm Drain User Fee Appeals. Responsibilities of the City 1. Designate a project manager to manage and coordinate the project. 2. Make available records and documentation in conjunction with preparation of the methodology options and rate structure, including the estimated maintenance cost of the system in sufficient detail to estimate costs between maintenance components. 3. Schedule, administer, and accomplish the publishing of required notices in accordance the authorizing legislation. Schedule meetings and hearings as required by the prevailing law(s) and prepare all notices and all resolutions and ordinances required by the City Council pertaining to the proceedings. 4. Provide qualified legal counsel to provide guidance to the City and financial engineer during the process. 5. Provide postage for any and all mailings a minimum of 1 week prior to the mailing date. SCHEDULE The schedule is to be determined based on input from the City on the potential public hearing and ballot tabulation dates. FEE PROPOSAL Harris & Associates will provide the services described above for the following fees: Task A Update Rate Analysis Report / Preparation of Notices Items 1 through 4... $2,000 lump sum Task B Fee Establishment Process Items 5 through $5,000 lump sum (excluding printing and postage) C-2

18 Ms. Deborah Cullen City of Rancho Palos Verdes March 25, 2016 Page 3 Estimated Notice & Ballot Production Costs: Notices: Printing, folding, stuffing and mailing... $5,000 estimated fee at cost plus 10% (1 mailing) Ballots: Printing, folding, stuffing and mailing... $8,000 estimated fee at cost plus 10% (1 mailing) TOTAL ESTIMATED FEE: $20,000 Additional City Council, community or FAC meetings... $750 lump sum per meeting Harris & Associates Schedule of Hourly Rates K. Dennis Klingelhofer, PE Project Director... $245 / hour Dennis A. Anderson Project Manager... $220 / hour Senior Project Engineer... $190 / hour Project Engineer... $150 / hour Senior Project Analyst... $115 / hour Project Analyst... $90 / hour Project Technician... $75 / hour Clerical Staff... $65 / hour These hourly rates may be updated on an annual (calendar year) basis. Attendance at meetings as described in the Scope of Work and most direct costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying are included in the lump sum fees and hourly rates except where noted. Invoices will be submitted monthly for services provided in the previous month and shall be paid within 30 days of receipt. It is assumed that this project will be subject to the same terms and conditions of our current contract with the City. We look forward to continuing our working relationship with you both and the City. Please let us know if you have any questions regarding our scope of work or fees. Sincerely, Harris & Associates Dennis A. Anderson Director, Public Finance C-3

19 ATTACHMENT D This information is adapted from the February 2, 2016 report to the City Council on possible extension of the 2005 storm drain user fee BACKGROUND Accomplishments and Expenditures to Date Public Works has designed and constructed many important and needed stormwater projects in the last 10-years (which are described in detail in Attachment 3 to the February 2, 2016 staff report). In addition, catch basin inserts to filter loose debris from entering the system and polluting the runoff that ultimately discharges into Santa Monica Bay have been traditionally installed utilizing the Fee. Below is a summary of the expenditures and revenues through FY (See Attachment 3 to the February 2, 2016 staff report for a detailed accounting of all revenues and expenditures from FY 2005 through 2016.) At the end of FY 15/16 (June 30, 2016) the total program expenses are expected to total $42.1 million. Spent through FY13-14 $ 34,245,934 Spent FY ,394,327 Budget FY15-16 (includes carryovers from FY14-15) 4,457,021 Total Program Expenses $ 42,097,282 Through FY15-16, total program resources are expected to total $44.4 million. Fee revenue (10 years, including FY15-16 estimate) $ 12,983,468 Grant Revenue 9,464,727 Interest Earnings (including FY15-16 estimate) 562,057 General Fund Contributions 21,355,734 Total Program Resources $ 44,365,986 Estimated Ending Fund Balance June 30, ,268,704 Total Program Expenses $ 42,097,282 As illustrated above, the program s ending fund balance at June 30, 2016 is estimated to be $2,268,704. D-1

20 ATTACHMENT D ACCOMPLISHMENTS AND EXPENDITURES OF FUNDED BY THE 2005 STORM DRAIN USER FEE April 5, 2016 Page 2 of 3 DISCUSSION Proposed New Stormwater Projects The estimated cost of flood protection and rehabilitation projects is $39,507,000 as outlined in the summary table below, which includes the recommendations from the 2015 Master Plan of Drainage to correct hydrologic and hydraulic deficiencies in the City s storm drain system; the relining of over 18,000 linear feet of culvert; and work in local canyons. Summary of Proposed Storm Drain System Expenditures Proposed New Flood Protection/Rehab Projects Per Master Plan of Drainage $17,614,000 Proposed New Canyon Drainage Projects 11,893,000 Proposed Culvert Relining 10,000,000 Estimated Total Costs Excluding Stormwater Quality $39,507,000 The estimated cost shown above when spread over a 10-year program results in a spending plan of about $4 million annually (excluding ongoing maintenance). There is an additional estimated need of $48,500,000 of stormwater quality work expected to be needed to be done in the next 10-years (see Attachment 4 to the February 2, 2016 staff report) that includes catch basin screens. The City s participation in improving stormwater quality is mandated by state and federal regulation and a detail summary of the municipal separate storm sewer system (MS4) regulations and legal issues involved in compliance and non-compliance are included in Attachments 5 and 6 to the February 2, 2016 staff report. Citywide Capital Improvements (Non-Stormwater) The 2015 capital improvement program for all non-stormwater related improvements to public buildings, trails, streets, the Portuguese Bend landslide area, and sanitary sewer system work totals $63,428,807 including both funded and planned-to-be funded over the next 5 years ($43,168,307) and unfunded ($20,260,500) projects. (A summary of these projects is included with Attachment 4 of the February 2, 2016 staff report). Furthermore, a long-term resolution of the land movement in the Portuguese Bend area has not been factored into the capital improvement program. The FY15-16 budget includes an allocation of $75,000 to develop a strategic plan to articulate the City s short and long-term goals related to groundwater pumping, public safety, emergency response, and roadway maintenance/replacement. City Council Advisory Committee Review The background information contained in this report was presented to the Storm Drain Oversight Committee on October 29 th, the Finance Advisory Committee (FAC) on D-2

21 ATTACHMENT D ACCOMPLISHMENTS AND EXPENDITURES OF FUNDED BY THE 2005 STORM DRAIN USER FEE April 5, 2016 Page 3 of 3 November 9 th, and the Infrastructure Management Advisory Committee (IMAC) on December 10, 2015 and January 14 and 28, To summarize, the Oversight Committee recognized the scope of the City s storm drain needs; the FAC recommended tonight s public hearing as well as the IMAC. (The details their advisory input to the City Council is included in Attachment 7 to the February 2, 2016 staff report). D-3