CC RES 2012-052RESOLUTION NO. 2012 -52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES FINALLY ADOPTING A REPORT, AS AMENDED, 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 2012 -13; AND ORDERING THAT SUCH FEE BE
COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL FOR
FISCAL YEAR 2012 -13,
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 2012 -13" 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 2012 -13
(commencing July 1, 2012 and ending June 30, 2013), 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 July 5, 2012, and July 12, 2012.
E. The City Council held a public hearing on the Report on July 17,
2012 (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 2012 -13, and the rate per Equivalent Residential Unit
( "ERU ") for Fiscal Year 2012 -13. In that regard, the City Council took into account the
current and projected revenues of the City for Fiscal Year 2012 -13, including but not
limited to, property taxes, sales taxes and transient occupancy taxes; the current and
projected expenditures of the City for Fiscal Year 2012 -13, 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 2012 -13. 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 2012 -13, and determined that the
Storm Drain User Fee for Fiscal Year 2012 -2013 should not be increased and should be
the same amount that was established and collected in Fiscal Year 2011 -2012, and
directed that the Report be amended to reflect the City Council's determination.
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 amended by the City Council; hereby
determines that the Storm Drain User Fee for Fiscal Year 2012 -13 against each parcel
described in the Report shall be as described in the amended Report; and orders that
the Storm Drain User Fee shall be collected for Fiscal Year 2012 -13 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 amended Report, with
a statement endorsed on the amended Report over the City Clerk's signature that the
amended Report has been approved and finally adopted by the City Council, with the
City Treasurer on or before August 10, 2012 pursuant to Section 4 of Ordinance No.
418.
Section 4. The City Clerk is directed to file a copy of the amended Report, with
a statement endorsed on the amended Report over the City Clerk's signature that the
amended 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, 2012 pursuant to Section
5 of Ordinance No. 418.
Resolution No. 2012 -52
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PASSED, APPROVED and ADOPTED this 31st day of July, 2012.
ATTEST:
"Zt`'eify Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
1, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2012 -52 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on July 31, 2012.
City Clerk
Resolution No. 2012 -52
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