ORD 467 ORDINANCE NO. 467
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 3.44 OF TITLE 3 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE REGARDING THE
ANNUAL STORM DRAIN USER FEE.
WHEREAS, the owners of properties that utilize the City of Rancho
Palos Verdes' storm drain system approved an annual Storm Drain User Fee
pursuant to a mail ballot election held on August 30, 2005, by adopting
Ordinance No. 418, which amended the Rancho Palos Verdes Municipal Code
(the "Municipal Code") by adding new chapter 3.44; and
WHEREAS, a measure to repeal the annual Storm Drain User Fee
has qualified for the ballot and will be submitted to the City's electorate at the
November 6, 2007 election; and
WHEREAS, in lieu of repealing the Storm Drain User Fee, the
People of the City of Rancho Palos Verdes desire to amend its provisions by
shortening the duration of the annual Storm Drain User Fee from thirty years to
ten years and by establishing an oversight committee of City residents to monitor
the annual Storm Drain User Fee expenditures; and
WHEREAS, if both this ordinance amending Chapter 3.44 of the
Municipal Code and the measure repealing the annual Storm Drain User Fee
receive a majority vote of the voters who vote on each measure at the November
6, 2007 election, it is the People's intent that the provisions of both cannot be
placed into effect and are in hopeless and irremediable conflict; and
WHEREAS, it is the People's express intent that this ordinance
amending Chapter 3.44 of the Municipal Code shall be considered a conflicting
measure to the measure repealing the annual Storm Drain User Fee, such that
pursuant to Article II, Section 10(b) of the California Constitution and Section
9221 of the Elections Code, the measure receiving the highest affirmative vote
shall prevail at the election;
NOW, THEREFORE, THE PEOPLE OF THE CITY OF RANCHO
PALOS VERDES DO ORDAIN AS FOLLOWS:
Section 1. Section 3.44.070 of Chapter 3.44 of Title 3 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows:
"3.44.070 Duration.
Unless repealed previously by the city council pursuant to section
3.44.020(G)(i), the storm drain user fee imposed by this chapter shall
expire on June 30, 2016, and shall not be levied by the city during any
subsequent fiscal year."
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Section 2. Chapter 3.44 of Title 3 of the Rancho Palos Verdes
Municipal Code is hereby amended by adding Section 3.44.080 thereto to read
as follows:
"Section 3.44.080 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 water quality and flood protection
program 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
water quality and 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."
Section 3. The provisions adopted by this Measure shall be
amended or repealed only by the voters of the City of Rancho Palos Verdes at an
election held in compliance with State law and local ordinances.
Section 4. 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 People of the City of Rancho Palos Verdes
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Page 2 of 3
hereby declare that they 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 5. The People of the City of Rancho Palos Verdes
hereby declare that this Measure conflicts in its entirety with the provisions of the
initiative measure on the ballot for the November 6, 2007 election to repeal the
Storm Drain User Fee (the "initiative"). If this Measure receives a higher number
of affirmative votes than the initiative, the provisions of this Measure shall control
and the initiative shall not take effect for any purpose pursuant to Article II,
Section 10(b) of the California Constitution and Section 9221 of the Elections
Code.
Section 6. 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 by the voters regular a :'neral
Municipal Election held on November 6, 2007.
j
Mayor
Attest:
alit iii-72 e24-A-e et.--4
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,
hereby certify that the above Ordinance No. 467 was duly and regularly passed
and adopted as Measure C by the voters of the City of Rancho Palos Verdes at
the General Municipal Election held on November 6, 2007.
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1 i 6.47-A.ele-e(_.
City Clerk
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Page 3 of 3
RANCHO
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 December 14, 2007, she caused to be posted the following
document entitled: ORDINANCE NO. 467 —AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 3.44 OF
TITLE 3 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
REGARDING THE ANNUAL STORM DRAIN USER FEE, a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
(f
City Clerk
W:\City Council Ordinances\affidavits\Ordinance 467-Amending the Storm Drain User Fee.doc
30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391/(310)544-5208/FAX(310)544-5291/WWW.PALOSVERDES.COM/RPV