CC RES 2007-057 RESOLUTION NO. 2007-57
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 2007-08.
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
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 2007-08. Such Report shall calculate the amount of
the Storm Drain User Fee for each developed parcel for Fiscal Year 2007-08 using
$87.72 as the rate per Equivalent Residential Unit (ERU) for Fiscal Year 2007-08 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 19, 2007, 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 2007-08, and, if so, the rate per ERU for Fiscal Year 2007-08. in making its
determinations, the City Council will take into account the current and projected
revenues of the City for Fiscal Year 2007-08, including but not limited to, property taxes,
sales taxes and transient occupancy taxes; the current and projected expenditures of
the City for Fiscal Year 2007-08, 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 2007-08, 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
$87.72 per ERU. In no event shall the Fiscal Year 2007-08 rate per ERU be set in
excess of$87.72 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 2007-08. 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 2007-08, but may not collect the Storm Drain User Fee on the County Tax Roll for
Fiscal Year 2007-08. 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 2007-08 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 2, 2007 and June 9, 2007.
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 t han June 2, 2007, for a full and detailed description of the proposed Storm Drain
User Fee for Fiscal Year 2007-08.
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 29th day of May, 2007.
OP _=
Mayor
ATTEST:
1!/A iAit A _ .
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
Resolution No.2007-57
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I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2007-57 was duly and regularly passed and adopted by the said
City Council at regular meeting thereof held on May 29, 2007.
City Clerk
Resolution No.2007-57
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