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CC RES 2011-055 RESOLUTION NO. 2011-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES FINALLY ADOPTING A REPORT, AS FILED, IN CONNECTION WITH THE STORM DRAIN USER FEE ESTABLISHED PURSUANT TO CHAPTER 3.44 OF THE RANCHO PALOS VERDES MUNICIPAL CODE; DETERMINING THE AMOUNT OF SUCH FEE FOR FISCAL YEAR 2011-12; AND ORDERING THAT SUCH FEE BE COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL FOR FISCAL YEAR 2011-12. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS: Section 1. The City Council finds: A. Pursuant to Ordinance No. 418 of the City Council of the City of Rancho Palos Verdes (the "City Council"), adopted on August 16, 2005, and Chapter 3.44 of the Rancho Palos Verdes Municipal Code (the "Municipal Code"), the City Council is authorized to levy an annual Storm Drain User Fee on each parcel of real property in the City of Rancho Palos Verdes (the "City") that drains into City-maintained storm drain infrastructure. The Storm Drain User Fee is levied to fund the City's Water Quality and Flood Protection Program. B. Pursuant to Section 5473 of the California Health and Safety Code, the City elected in Ordinance No. 418 to have the Storm Drain User Fee collected for each fiscal year on the County of Los Angeles tax roll in the same manner, by the same person, and at the same time as, together with, and not separately from the general taxes of the City. C. A written report (the "Report") entitled, "Annual Report for the Storm Drain User Fee, FY 2011-12" and dated June 27, 2011, has been prepared by Harris &Associates and has been filed with the City Clerk. The Report contains a description of each parcel of real property in the City that drains into the City's storm drain system and the proposed amount of the Storm Drain User Fee for each such parcel for Fiscal Year 2011-12 (commencing July 1, 2011 and ending June 30, 2012), computed in conformity with Chapter 3.44 of the Municipal Code. Such Report is on file in the office of the City Clerk and incorporated herein by reference. D. The City Clerk caused notice of a hearing on the Report to be published in the Palos Verdes Peninsula News on June 30, 2011, and July 7, 2011. E. The City Council held a public hearing on the Report on July 19, 2011 (the "Public Hearing"). In addition, pursuant to Section 3.44.40 of the Municipal Code, at the Public Hearing the City Council considered whether to collect the Storm Drain User Fee for Fiscal Year 2011-12, and the rate per Equivalent Residential Unit ("ERU")for Fiscal Year 2011- 12. In that regard, the City Council took into account the current and projected revenues of the City for Fiscal Year 2011-12, including but not limited to, property taxes, sales taxes and transient occupancy taxes; the current and projected expenditures of the City for Fiscal Year 2011-12, 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. In addition, the City Council took into account any report and recommendation submitted by the Oversight Committee established by the City Council in connection with the City's Water Quality and Flood Protection Program. R6876-0001\1342958v1.doc Resolution No. 2011-55 Page 1 of 2 F. All interested persons were given an opportunity to attend the Public Hearing and express opinions about the Report and the proposed levy of the Storm Drain User Fee for Fiscal Year 2011-12. The City Council heard and considered all protests and objections against the Report and all testimony regarding the proposed levy of the Storm Drain User Fee for Fiscal Year 2011-12. G. No majority protest against the Report, determined in accordance with Health and Safety Code Section 5473.2, exists. Section 2. The City Council hereby overrules all protests and objections; hereby approves and finally adopts the Report as filed; hereby determines that the Storm Drain User Fee for Fiscal Year 2011-12 against each parcel described in the Report shall be as described in the Report; and orders that the Storm Drain User Fee shall be collected for Fiscal Year 2011- 12 on the County of Los Angeles tax roll in the same manner, by the same person, and at the same time as, together with, and not separately from the general taxes of the City. Section 3. The City Clerk is directed to file a copy of the Report, with a statement endorsed on the Report over the City Clerk's signature that the Report has been approved and finally adopted by the City Council, with the City Treasurer on or before August 10, 2011 pursuant to Section 4 of Ordinance No. 418. Section 4. The City Clerk is directed to file a copy of the Report, with a statement endorsed on the Report over the City Clerk's signature that the Report has been approved and finally adopted by the City Council, with the Auditor of the County of Los Angeles on or before August 10, 2011 pursuant to Section 5 of Ordinance No. 418. PASSED, APPROVED and ADOPTED this 19th d. of J 2011. jogigasor Mayor ATTEST: � A_ _ • IL 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 Resolution No. 2011-55 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 19, 2011. 4,a. City Clerk R6876-0001\1342958v1.doc Resolution No. 2011-55 Page 2of2