RESOLUTION NO. 24-0010
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL DECLARING THE RESULTS OF A MAIL
BALLOT ELECTION RELATING TO A PROPOSED STORM
DRAIN FEE INCREASE IN THE CITY OF MANHATTAN
BEACH
RECITALS
A. Revenues from the City’s existing storm drain fee, which has not been increased since its adoption in 1996, are not sufficient to fund the ongoing operations, maintenance, repairs and capital improvements to the City’s storm drain system.
B. Article XIIID of the California Constitution (“Proposition 218”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) requires the City to follow certain procedural and substantive requirements when proposing to increase property-related fees (as defined in Proposition 218), such as the City’s proposed increase to the existing storm drain fee (“Proposed Increase”).
C. On September 5, 2023, the City Council adopted Resolution No. 23-0118 initiating a Proposition 218 process for the Proposed Increase, in order to fund operations, maintenance, repair and improvements to the City’s storm drain system.
D. In accordance with Proposition 218, the City Council held a duly noticed public hearing on the matter of the Proposed Increase on November 7, 2023 . Upon the closure of the public hearing, there was no majority p rotest. Accordingly, the City Council adopted Resolution No. 23 -0149 calling for a special mail ballot election for the purpose of submitting the Proposed Increase to a vote of the owners of parcels subject to the Proposed Increase with ballots due to the City Clerk no later than 5:00 p.m. on Wednesday, January 17, 2024.
E. On November 21, 2023, the City Council adopted Resolution No. 23-0158 which contained the ballot measure to be presented at the special mail ballot election (the “Ballot Measure”), as set forth in Exhibit A.
F. The City entered into an agreement with independent consultant Harris & Associates to tabulate the ballots.
G. On January 22, 2024 and on January 23, 2024 , Harris & Associates canvassed the ballots in public and completed the “Certificate as to the Results of the Canvass of the Election Returns in Connection with the Proposed Storm Drain Fee Increase in the City of Manhattan Beach” (the “Certificate”), a copy of which is attached hereto as Exhibit B and incorporated by reference herein.
Res. 24-0010
NOW, THEREFORE, THE MANHATTAN BEACH CITY COUNCIL DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. The results of the special mail ballot election are as set forth in the Certificate on file with the City Cler k and attached to this Resolution as Exhibit B .
Pursuant to said Certificate, the Ballot Measure submitted at the special mail ballot election was approved by a majority vote of the property owners subject to the Proposed Increase.
Section 3. The City Co uncil hereby determines that the Proposed Increase is lawfully authorized.
ADOPTED on February 6, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
JOE FRANKLIN
Mayor
ATTEST:
____________________________
LIZA TAMURA
City Clerk
Res. 24-0010
EXHIBIT A
BALLOT MEASURE
To fund repairs, operations, maintenance, and improvements to the City of Manhattan Beach’s aging storm drain system, including:
Reconstructing or replacing aging storm drains that are at risk for collapse or failure; Installing and maintaining storm drain devices that protect local beaches, waterways, and the ocean from trash and pollution;
Inspecting and testing storm water quality regularly to ensure clean water standards; Removing pollutants, toxic chemicals, and infectious bacteria from runoff; and Reducing illegal discharges of pollution in local waterways; Shall the City of Manhattan Beach’s proposed increase to the existing storm drain fee be approved until repealed by voters, subject to annual adjustments based on the Consumer Price Index, audits, and with all funds dedicated to the Manhattan Beach storm drain system only?
YES
NO
Res. 24-0010
EXHIBIT B
CERTIFICATE AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
IN CONNECTION WITH THE PROPOSED STORM DRAIN FEE INCREASE
IN THE CITY OF MANHATTAN BEACH
I, Donna Segura, Director, Municipal and District Finance, of Harris & Associates , hereby certify that on January 22 and 23, 2024, I canvassed the returns of the Special Mail Ballot Election (the “Election ”) in connection with the proposed annual storm drain fee increase (the “Proposed Increase”), that the last day for the return of mail ballots was January 17, 2024, 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 for the Proposed Increase, is as specified below.
Total of Ballots
Mailed
Total of Ballots
Received Total “Yes” Ballots Total “No” Ballots
13,103 5,368 2,795 2,514
Percent Yes:
52.65%
Percent No:
47.35%
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 23rd day of January, 2024.
HARRIS & ASSOCIATES
By:_________________________________
Donna Segura
Director, Municipal and District Finance