CC RES 2008-050 RESOLUTION NO. 2008-50
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 2008-09; AND ORDERING THAT SUCH FEE BE
COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL 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 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 2007-08" and dated June 3, 2008, 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 2008-09 (commencing July 1, 2008 and
ending June 30, 2009), 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 5, 2008
and June 7, 2008, and in the Daily Breeze on June 2, 2008 and
June 9, 2008.
E. The City Council held a public hearing on the Report on June 17,
2008 (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 2008-09, and the rate per Equivalent Residential Unit
("ERU") for Fiscal Year 2008-09. In that regard, the City Council
took 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 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 2008-09.
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 2008-09.
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 2008-09 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 2008-09 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, 2008 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, 2008 pursuant to Section 5 of Ordinance No. 418.
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PASSED, APPROVED and ADOPTED t 's 17t day of e, 2008.
A ft
Mayo,
ATTEST:
C7$
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. 2008-50 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on June 17, 2008.
&ileav PCiLeSc
City Clerk
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