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ORD 368 ORDINANCE NO. 368 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN ANNUAL SEWER SERVICE CHARGE 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 and Government Code Section 54344 to prescribe and collect rates and charges, including sewer service charges, for services and facilities furnished by the City in connection with its sewerage system. 1.2 In January 1981, the City Council formed the Abalone Cove Landslide Abatement District (the "District") pursuant to the provisions of Division 17 of the California Public Resources Code. The properties included in the District are set forth on the map attached hereto as Exhibit A and incorporated herein by this reference. Properties in the District are assessed annually to pay for the cost of maintaining landslide mitigation improvements, including but not limited to, drainage culverts and dewatering wells, within the District. 1.3 To further mitigate potential landslide hazards in the District, the City recently installed sanitary sewers. The City is responsible for maintaining and operating all sanitary sewers within its boundaries. The amount of money from ad valorem taxes available to the City is inadequate to fund the cost of sewer service in the District. 1.4 Pursuant to Health and Safety Code Section 5473, the City Council may elect to have such sewer service charges collected on the County of Los Angeles tax roll in any forthcoming 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 5473.1 to 5473.11, inclusive, of said Code. 1.5 The City Council has determined that the sewer service charges should be collected on the tax roll. Pursuant to Section 5473.1 of the Health and Safety Code, the City Council has caused a written report ("Written Report") to be prepared and filed with the City Clerk containing a description of each parcel of real property within the District to which the sewer service charges are applicable and the amount of the sewer service charge for each such parcel for fiscal year 2001-02. 1.6 On June 1, 2001, 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 to be mailed the owner of each parcel of real property to be charged as reflected in the last equalized assessment roll available on the date the Written Report was prepared, and at the address shown on the assessment roll or otherwise known to the City Clerk. On June 28, 2001, and July 5, 2001, the City Clerk further caused a notice of filing of the Written Report and proposed Ordinance and of the time and place of the hearing thereon to be published pursuant to Section 6066 of the Government Code. 1.7 On July 17, 2001, at the time and day set forth in the notice, the City Council conducted a hearing on the Written Report and the Ordinance and heard and considered all objections and protests thereto. Section 2. Title 13 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new chapter 13.06 to read as follows: "Chapter 13.06 Sewer Service Charges -- Abalone Cove Landslide Abatement District. 13.06.010. Purpose. This chapter establishes an annual sewer service charge for all parcels of real property in the Abalone Cove Landslide g p p Abatement District connected to the sanitary sewer system. The City is responsible for providing sewer service within its boundaries. The amount of money from ad valorem taxes available to the City is inadequate to fund the cost of service for the sanitary sewers. The City's sewer service in the District must be continued without interruption in order to reduce the potential landslide hazard and to protect the public health, safety and welfare of the residents therein and the general public. The purpose of this chapter is to provide financing for the ongoing maintenance and operation of the Abalone Cove Landslide Abatement District sanitary sewer system. 13.06.020. Creation of Rate Zones. The sewer system in the District is comprised of three types of subsystems: (i) a gravity subsystem; (ii) a force main subsystem; and (iii) a low-pressure subsystem. Sewer service to each parcel in the District is provided through one or more of these subsystems. Each subsystem requires different levels of operations maintenance and, therefore, has different maintenance costs associated with it. The District has been divided into four zones as shown in Table A set out in Section 13.06.050 below and on the Abalone Cove Rate Zone Map on file with the Department of Public Works. Each zone corresponds to the specific combination of subsystems used by the parcels located in that zone. 13.06.030. Charges Levied. An annual sewer service charge is levied upon each parcel of real property in the District, as shown on the map adopted by the City Council on January 6, 1981, attached as Exhibit A to Resolution No. 81-4 and on file with the City Clerk, and connected to the sanitary sewer system. The annual sewer service charge is necessary to - Ordinance 368 Page 2 - pay for the cost for services and facilities furnished by the City beginning October 2001. The amount of the sewer service charge shall be computed by multiplying the Equivalent Residential Units ("ERUs") for the current land use on the parcel, as of the 1st day of March of each year, as shown on Table B, set out in Section 13.06.060 below, by the maximum annual charge per ERU for the applicable zone as shown in Table C, set out in Section 13.06.070 below. For the purposes of this Chapter, the land uses within the District have been assigned sewer flow rates, expressed in ERUs, based on the Los Angeles County Sanitation District standards, as set forth in the Master Service Charge Ordinance of South Bay Cities Sanitation District of Los Angeles County as adopted March 18, 1998. The flow rates for the Abalone Cove Beach property are based on information provided by the City of Los Angeles Bureau of Sanitation. The sewer service charge may be increased annually by an amount equal to the annual increase in the Consumer Price Index for all Urban Consumers for the Los Angeles-Anaheim-Riverside Area (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 seven percent (7%) per year. For any fiscal year that the sewer service charge is not increased by the allowable increase in the CPI for that year, the City may add the increase for that year to the CPI increase in subsequent years. 13.06.040 Collection of Charges. The sewer service charge shall be collected for each fiscal year 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. For any fiscal year that the sewer service charge is not collected on the tax roll, the City may collect all or a portion of the sewer service charge for such year on the tax roll in the following fiscal year or years. 13.06.050. Rate zones —Table A. TABLE A Rate Zones Zone Sewer Subsystem Components A Gravity subsystem only B Gravity & Force Main subsystems C Gravity & Low-Pressure subsystems D Gravity & Force Main & Low Pressure subsystems 13.06.060. ERUs for various land uses —Table B. TABLE B - Ordinance 368 Page 3 - Number of ERUs by Land Use Land Use ERU Single Family Residential ERU = 1 Church ERU = 0.19/1000 sq. ft. of building School/Nurse ry ERU = 0.77/1000 sq. ft. of building Beach toilet ERU = 0.46/toilet Beach shower ERU = 0.33/shower Vacant ERU = 0 13.06.070. Maximum Annual Charge per ERU by Rate Zone —Table C. TABLE C Maximum Annual Charge per ERU by Rate Zone— Fiscal Year 2001-02 Zone Maximum Charge per ERU (FY 2001-02) A $119.07 B $479.39 C $161.61 D $521.93 Section 3. The City provides sanitary sewer service within the boundaries of the District. The amount of money from ad valorem taxes available to the City is inadequate to fund the cost of this service. The City's sanitary sewer service must be continued without interruption in order to protect the public health, safety and welfare of the residents therein and the general public. Therefore, it is necessary to impose a sewer service charge upon the properties within the District. In order to avoid the substantial costs of establishing a billing system for the collection of the sewer service charge, the City Council has previously determined that the sewer service charge should be collected on the tax roll. In order for the sewer service charge to be collected without interruption of service, the City must submit the fee to the County of Los Angeles for collection on the tax roll prior to August 10th each year. Because of the g County's August 10th deadline, there is insufficient time for this ordinance to become effective without a single reading and immediate effectiveness. It is therefore urgent that the establishment of sewer service charge effected by this ordinance become effective immediately to prevent an interruption in the sanitary sewer service provided by the City. An interruption in such service is of great public concern. The sanitary sewer system in the District was installed to reduce the risk of landslide activity in the area. It is imperative that the City's sewer service in the District be continued without interruption in order to achieve this purpose and adequately protect the public health, safety and welfare of the residents therein and the general public. An interruption in sanitary sewer service in the District may create an increased risk of landslide activity, - Ordinance 368 Page 4 - may create a public nuisance, or lead to other problems affecting the health, welfare and safety of the residents of the City and surrounding cities. This ordinance is necessary for the immediate preservation of the public health, safety and welfare, declares the facts constituting the urgency, and is passed by at least a four-fifths vote of the City Council. Accordingly, this measure is adopted immediately upon introduction pursuant to Government Code Section 36934 and shall take effect immediately pursuant to Government Code Section 36937(b). Section 4. Commencing with fiscal year 2001-2002, the annual sewer service charge shall 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. In subsequent tax years, the City Council shall cause a written report to be prepared and filed with the City Clerk on or before June 1st of each year. The City Council shall further hold a duly noticed public hearing on the Written Report and hear and consider all objections and protests thereto. If a majority protest is not received, the City Council may adopt the Written Report and may order the annual sewer service charge shall 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. Section 5. On or before August 10th of each year, commencing with Fiscal Year 2001-2002, 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 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 charges against the parcels as they appear on the current assessment roll. Section 6. On or before August 10th of each year, 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 finally adopted by the City Council, with a certified copy of 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. 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 368 Page 5 - PAS SED, APPROVED AND ADOPTED THIS 17th DAY OF JULY, 2001. Hy( a r ATTEST: Cit, Clerk CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, 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. 368 p assed first reading on July 17, 2001, was duly and regularly y adopted b the City Council of said City at a regular meeting thereof held on August 7, p y 2001 and that the same was passed and adopted by the following roll call vote: AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon NOES: None ABSENT. Stern / ` �1 CITY LERK - Ordinance 368 Page 6 - ".•#.' + • 1.' . ` : Si• ` _ip ,'• r P *R. N. •1 CL• ♦ .1•1. � t t ''.. 'j b 0.0.i i i 0 010 1..7 PI"' is. •••°.4s:..)•7 • + , � •71%ic 4„; \' ,.-, - . t." . , .. 0 , - ... .... . .•✓'-� --'" � t Off'� � \ ,�� b. ____......- 4, . ......._ •�-� Q, /00 ■ 4�9 mac. �,,` ., ....5,0",. 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CQ`, `? r •1�� is�` ww..•N /� . • ..< C ,(-0 :- SM . -'�..w y ,ij • ..7 .GCE � � ••' °G� PO RI LJGu€sE aot r,T ►f /II st. 4 ti .2 ,,�_ 4.�,,- Y t •.• ..i„ . i i '� 4 • INSP+RA'tON POIn1T • 0 /, •S�,,.1e.. I as 12OO• /c)N,..,.... . covE . • , • • ABALONE sLIDE ABATEmENT DisTRICT , i • . , 'pa: CITY C. . RA C•4O PALDS VEQ J 5 (2.:51 37i-O3.034;,k, 4Y' •5 0 J-r H D4Y £k;GINisi r* c, COQ (2J3) 37S-2.55‘, . " J.M.K-12t5•2 S.CA'E.• I es GO0 JA'J. G•1!•54 SY.E N Ce REV. JAN.tS,tW,I, II RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on October 16, 2001 she caused to be posted the following document entitled: ORDINANCE NO. 368 AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN ANNUAL SEWER SERVICE CHARGE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. a copy of which is attached hereto, in the following locations: City Hall Hesse Park 30940 Hawthorne Blvd. 29301 Hawthorne Blvd Rancho Palos Verdes Rancho Palos Verdes Ladera Linda Community Center Ryan Park 32201 Forrestal Drive 30359 Hawthorne Blvd., Rancho Palos Verdes Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391/(310)377-0360/Fax(310)544-5291 www.palosverdes.com/rpv