CC RES 2010-038 RESOLUTION NO. 2010-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN CONNECTION WITH THE
PROPOSED LEVY OF THE ANNUAL STORM DRAIN USER FEE FOR FISCAL YEAR 2010-11
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS,
DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes (the "City Council")
pursuant to its Ordinance No. 418, adopted on August 16, 2005, established an annual Storm
Drain User Fee (the "Storm Drain User Fee") for services and facilities furnished by the City in
connection with its storm drain system. In the absence of a majority protest, and unless the City
Council, by resolution, provides for an alternative procedure for collection, for each year that the
Storm Drain User Fee is collected, the Storm Drain User Fee shall be collected 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 in the manner prescribed by
Sections 5470 et seq. of the California Health and Safety Code.
Section 2. Harris &Associates is preparing a written report (the "Report") containing
a description of each developed parcel within the City to which the Storm Drain User Fee is
applicable and the amount of the Storm Drain User Fee for each such parcel for Fiscal Year
2010-11. Such Report shall calculate the amount of the Storm Drain User Fee for each
developed parcel for Fiscal Year 2010-11 using $90.72 as the rate per Equivalent Residential
Unit (ERU) for Fiscal Year 2010-11 in accordance with Chapter 3.44 of the City's Municipal
Code. The amount of the Fee for each developed parcel is based on the parcel's ERUs times
the rate per ERU. A parcel's ERUs are computed by a formula that takes into account the size
of the parcel and the amount of the impervious area. Upon the filing of the Report with the City
Clerk, the City Clerk is hereby directed to place the Report on file in the office of the City Clerk
and make such Report available for public inspection.
Section 3. NOTICE IS HEREBY GIVEN that the City Council designates Tuesday,
July 6, 2010, at the hour of 7:00 p.m., in the Council Chambers, Fred Hesse Park Community
Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes, California, as the time and place
for a Public Hearing on the above-described Report. In addition, pursuant to Section 3.44.40 of
the City's Municipal Code, at the Public Hearing the City Council will consider whether to collect
the Storm Drain User Fee for Fiscal Year 2010-11, and, if so, the rate per ERU for Fiscal Year
2010-11. In making its determinations, the City Council will take into account the current and
projected revenues of the City for Fiscal Year 2010-11, including but not limited to, property
taxes, sales taxes and transient occupancy taxes; the current and projected expenditures of the
City for Fiscal Year 2010-11, 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 will consider 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.
Following the Public Hearing, if the City Council determines to levy the Storm Drain User
Fee for Fiscal Year 2010-11, the City Council may set the rate per ERU for the Storm Drain User
Fee at any amount up to and including the maximum rate of$90.72 per ERU. In no event shall
the Fiscal Year 2010-11 rate per ERU be set in excess of$90.72 without approval by a majority
vote of the property owners subject to the Storm Drain User Fee pursuant to Proposition 218.
Section 4. At the above-described Public Hearing, all interested persons shall be
afforded the opportunity to hear and be heard, and the City Council shall consider all objections
and protests against the Report and all testimony regarding the proposed levy of the Storm Drain
User Fee for Fiscal Year 2010-11. If protests against the Report are made by a majority of
owners of the Identified Parcels by the close of the Public Hearing, the City may impose the
Storm Drain User Fee for Fiscal Year 2010-11, but may not collect the Storm Drain User Fee on
the County Tax Roll for Fiscal Year 2010-11. In the absence of a majority protest, the City
Council may adopt the Report, as filed, or as modified by the City Council, and may order that
the Fiscal Year 2010-11 Storm Drain User Fee be collected on the County Tax Roll.
Section 5. The City Clerk is hereby authorized and directed to give notice of the
above-described Public Hearing by publishing a notice of the Public Hearing in the Palos Verdes
Peninsula News pursuant to Government Code Section 6066 on June 17, 2010 and June 24,
2010.
Section 6. Reference is hereby made to the Report described in Section 2 hereof,
which Report shall be placed on file in the office of the City Clerk no later than June 8, 2010, for
a full and detailed description of the proposed Storm Drain User Fee for Fiscal Year 2010-11.
Section 7. The City Council hereby designates Dennis McLean, the City's Director of
Finance and Information Technology, telephone number (310) 544-5212, to answer inquiries
regarding the Public Hearing, protest proceedings and procedural or technical matters.
PASSED, APPROVED and ADOPTED this 1st day of June 2010.
ayor
ATTEST:
/ 4 ' /fiLea4
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. 2010-38 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on June 1, 2010.
a/1a //,
City Clerk
Resolution No. 2010-38
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