ORD 367U ORDINANCE NO. 367U
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ESTABLISHING AN ANNUAL SEWER
SERVICE CHARGE AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE AND
DECLARING THE URGENCY THEREOF
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 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
Ordinance No. 367U
Page 2of7
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 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.
Ordinance No. 367U
Page 3 of 7
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
Number of ERUs by Land Use
Land Use ERU
Single Family Residential ERU = 1
Church ERU = 0.19/1000 sq. ft. of building
School/Nursery 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,
Ordinance No. 367U
Page 4 of 7
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 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, 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
Ordinance No. 367U
Page 5 of 7
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, p hrase, 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.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY, 2001.
)1/T ayor
ATTEST:
City Cerk
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. 367U was duly and regularly adopted by the City Council
of said City at a regular meeting thereof held on July 17, 2001 and that the same
was passed and adopted by the following roll call vote:
Ordinance No. 367U
Page 6 of 7
AYES: Gardiner, McTaggart, Stern, and Mayor Lyon
NOES: None
ABSENT: Ferraro
ABSTAIN: None
..L
CITY CLERK
Ordinance No. 367U
Page 7 of 7
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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 July 31, 2001 she caused to be
posted the following document entitled: ORDINANCE NO. 367U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN
ANNUAL SEWER SERVICE CHARGE AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.
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 affadavit of
posting.
ji 0 #
to l , f '
Ci y Clerk
W:\FORMS\Form 150-Affadavit of Posting Ordinances.doc
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