CC RES 2008-036 RESOLUTION NO. 2008-36
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 2008-09.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes (the ACity
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 2008-09. Such Report shall calculate the amount of the Storm Drain User Fee for each
developed parcel for Fiscal Year 2008-09 using $89.47 as the rate per Equivalent Residential
Unit (ERU)for Fiscal Year 2008-09 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, June 17, 2008, 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 2008-09, and, if so, the rate per ERU for
Fiscal Year 2008-09. In making its determinations, the City Council will take into account the
current and projected revenues of the City for Fiscal Year 2008-09, including but not limited to,
property taxes, sales taxes and transient occupancy taxes; the current and projected
expenditures of the City for Fiscal Year 2008-09, 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 2008-09, 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$89.47 per ERU. In no event shall
the Fiscal Year 2008-09 rate per ERU be set in excess of$89.47 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 2008-09. 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 2008-09, but may not collect the Storm Drain
User Fee on the County Tax Roll for Fiscal Year 2008-09. 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 2008-09 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 May 31, 2008 and June
7, 2008.
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 May 31,
2008, for a full and detailed description of the proposed Storm Drain User Fee for Fiscal Year
2008-09.
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 an. - • edural or technical matters.
PASSED, APPROVED and ADOPTED this 20 day of May, 108.
i IfIlb
Mayor
ATTEST:
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. 2008-36 was duly and regularly passed and adopted by the said City Council at a
regular meeting thereof held on May 20, 2008.
City Clerk
Resolution No. 2008-36
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