CC RES 2009-035 RESOLUTION NO. 2009-35
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 2009-10; AND ORDERING THAT SUCH FEE BE
COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL FOR FISCAL YEAR
2009-10.
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 2009-10" and dated May 26, 2009, 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 2009-10
(commencing July 1, 2009 and ending June 30, 2010), 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 May 21, 2009, and May 28, 2009.
E. The City Council held a public hearing on the Report on June 2, 2009 (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 2009-10, and
the rate per Equivalent Residential Unit ("ERU") for Fiscal Year 2009-10.
In that regard, the City Council took into account the current and
projected revenues of the City for Fiscal Year 2009-10, including but not
limited to, property taxes, sales taxes and transient occupancy taxes; the
current and projected expenditures of the City for Fiscal Year 2009-10,
Resolution No.2009-35
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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.
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 2009-10. 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 2009-10.
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 2009-10 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 2009-10 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, 2009 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, 2009 pursuant to Section 5 of Ordinance No. 418.
( i3
PASSED, APPROVED and ADOPTED t ' nd day if June, 2009.
ILIP IL
Cirl#P1( Mayor
ATTEST:
i
_' et 2
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. 2009-35 was duly and regularly passed and adopte by the said City Council at
a regular meeting thereof held on June 2, 2009.
AJ'L. h'aeLeL-
City Clerk
Resolution No.2009-35
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