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CC RES 2005-038RESOLUTION NO. 2005 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN CONNECTION WITH A PROPOSED ANNUAL STORM DRAIN USER FEE, APPROVING PROCEDURES IN CONNECTION THEREWITH AND TAKING CERTAIN OTHER ACTIONS, 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 ") is considering a proposal to impose an annual Storm Drain User Fee (the "Proposed Storm Drain User Fee ") for services and facilities furnished by the City in connection with its storm drain system. The Proposed Storm Drain User Fee would be collected on the County of Los Angeles tax roll, commencing in Fiscal Year 2006 -07, 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 5473 et se g. of the California Health and Safety Code. Section 2. The City Council has caused a written report entitled, "Rate Analysis Report" and dated April 13, 2005, (the "Written Report ") to be prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Proposed Storm Drain User Fee is applicable (collectively, the "Identified Parcels ") and the amount of the Proposed Storm Drain User Fee for each such Identified Parcel for Fiscal Year 2006 -07. The Written Report is on file in the office of the City Clerk and is available for public inspection. Section 3. Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et sew.) (the "Implementation Act ") imposes certain procedural and substantive requirements relating to the imposition of property- related fees and charges (as defined in Article XIII D), such as the Proposed Storm Drain User Fee, including the requirement to conduct a protest hearing and election for consideration of the Proposed Storm Drain User Fee. In accordance with Article XIII D and the Implementation Act, the City Council hereby approves the "Procedures for the Conduct of a Protest Hearing Relating to a Proposed Storm Drain User Fee" as set forth in Exhibit "A," attached hereto and incorporated herein by reference (the "Procedures "). Section 4. NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL DESIGNATES TUESDAY, JUNE 21, 2005, 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 WRITTEN REPORT AND PROTESTS OR OBJECTIONS TO THE IMPOSITION OF THE PROPOSED STORM DRAIN USER FEE. Section 5. 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 protests against the Proposed Storm Drain User Fee. If written protests against the Proposed Storm Drain User Fee are presented by a majority of owners of the Identified Parcels, the City shall not impose the Proposed Storm Drain User Fee. In the absence of a majority protest, the City Council may submit the Proposed Storm Drain User Fee to a vote of the property owners in accordance with Article XIII D of the California Constitution. Section 6. The City Clerk is hereby authorized and directed to give notice of the above - described public hearing in accordance with law and the Procedures. Section 7. Reference is hereby made to the Written Report described in Section 2 hereof, which is on file in the office of the City Clerk, for a full and detailed description of the Proposed Storm Drain User Fee upon parcels of land within the City. Section 8. 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 Attest: IL State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) 19t" day of April 2005. Mayor I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2005 -38 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 19, 2005. NO Resolution No. 2005 -38 Page 2of2 RESOLUTION NO. 2005-38 EXHIBIT "A" PROCEDURES FOR THE CONDUCT OF A PROTEST HEARING RELATING TO A PROPOSED STORM DRAIN USER FEE The following Procedures have been adopted by the City Council of the City of Rancho Palos Verdes for the purpose of conducting a protest hearing required by Article Xlll D of the California Constitution for consideration of the imposition of a proposed Storm Drain User Fee (the "Proposed Storm Drain User Fee'). 814751 -5 TABLE OF CONTENTS A. Written Report Page 1 B. Notice of the Public Hearing on the Proposed Storm Drain User Fee Pagel C. Eligibility to File a Protest D. Submission of Written Protests E. Conduct of the Public Hearing; Determination of A Majority Protest Page 2 Page 3 Page 3 86876/0001/814751.5 i Resolution No. 2005 -38 Exhibit A A. Written Report 1. The City shall cause to be prepared a written report ( "Written Report "), which shall contain a list of all parcels to which the Proposed Storm Drain User Fee will apply (the "Identified Parcels ") and the amount of the Proposed Storm Drain User Fee for each Identified Parcel for Fiscal Year 2006 -07. 2. The Written Report shall be placed on file in the office of the City Clerk at least forty -five (45) days prior to the date set for the public hearing on the Proposed Storm Drain User Fee and shall remain available for public inspection. B. Notice of the Public Hearing on the Proposed Storm Drain User Fee 1. Notice of the public hearing on the Proposed Storm Drain User Fee shall be sent, postage prepaid, by first class mail at least forty -five (45) days prior to the date set for the public hearing to the Record Owner of each Identified Parcel. 2. "Record Owner" means the owner of an Identified Parcel whose name and address appears on the last Los Angeles County equalized secured property tax assessment roll (the "Assessment Roll "), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the City. 3. Notices shall be mailed to the Record Owners of the Identified Parcels, addressed to the names and addresses as they appear on the Assessment Roll, and, in the case of any public entity, the State of California, or the United States, addressed to the public entity at the address of that entity known to the City. In addition, notices shall be mailed to owners of the Identified Parcels, addressed to the names and addresses known to the City Clerk, if different than shown on the Assessment Roll. 4. Each mailed notice shall contain all of the following: • A reference to filing of the Written Report; • A reference to the proposed ordinance imposing the Proposed Storm Drain User Fee and providing for the collection of the Fee on the County tax roll; • The amount of the Proposed Storm Drain User Fee to be imposed upon the Identified Parcel covered by the notice; • The basis upon which the amount of the Proposed Storm Drain User Fee was calculated; R6876/0001/814751.5 1 Resolution No. 2005 -38 Exhibit A • The reason for the Proposed Storm Drain User Fee; • A statement that the Proposed Storm Drain User Fee will be collected on the County of Los Angeles tax roll each year, commencing with Fiscal Year 2006 -07; • The effect of a majority protest; and • The date, time and location of a public hearing on the Proposed Storm Drain User Fee. 5. The City Clerk, or the designee of the City Clerk, may certify the proper mailing of notices by an affidavit, which shall constitute conclusive proof of mailing in the absence of fraud. 6. Failure of any person to receive notice shall not invalidate the proceedings. 7. Notice of the filing of the Written Report and the public hearing shall be published once a week for two successive weeks in the Peninsula News, with the first publication at least fourteen (14) days prior to the date of the public hearing, and with at least five (5) days intervening between the first and second publications. C. Eligibility to File a Protest 1. The Assessment Roll shall be presumptive evidence of ownership of an Identified Parcel for protest purposes. 2. If the owner of any Identified Parcel is not shown on the Assessment Roll, such owner may file a protest for such parcel by filing with the City Clerk a proxy from the Record Owner in a form satisfactory to the City Attorney or evidence of ownership satisfactory to the City Attorney. Any such proxy or evidence must be received by the City Clerk prior to the conclusion of the public hearing. 3. When an Identified Parcel is held by a partnership, as community property, in joint tenancy, or as a tenancy in common, any partner, spouse, joint tenant, or tenant in common, as the case may be, may file a protest for such parcel. 4. An executor, administrator, or guardian may file a protest for an Identified Parcel on behalf of the estate it represents. If such representative is shown on the Assessment Roll as paying taxes and assessments levied against the parcel, that fact shall establish the right of such representative to file the protest. If such representative is not shown on the Assessment Roll, the representative must file with the City Clerk written documentation satisfactory to the City Attorney establishing the legal R6876/0001/814751.5 2 Resolution No. 2005 -38 Exhibit A representation. Any such documentation must be filed with the City Clerk prior to the conclusion of the public hearing. 5. When an Identified Parcel is held by a corporation or unincorporated association, a protest may be filed by any person authorized in writing by the board of directors or trustees or other managing body thereof to take such actions. The corporation or unincorporated association must file with the City Clerk written authorization satisfactory to the City Attorney. Any such written authorization must be filed with the City Clerk prior to the conclusion of the public hearing. D. Submission of Written Protests 1. Written protests may be mailed (via U.S. mail) to the City Clerk at City Hall or delivered in person to the City Clerk at City Hall or at the public hearing. 2. No protests delivered via e-mail will be counted for purposes of determining whether a majority protest exists, but the City Council may, in its discretion, consider such protests in making determinations regarding the Proposed Storm Drain User Fee. 3. Each written protest must identify the property covered by the protest and be signed. 4. No protest received after the close of the public hearing shall be counted in determining the existence of a majority protest. The last pick up by the City Clerk of protests mailed or delivered to City Hall will occur at 4:30 p.m. on the date scheduled for the public hearing. To ensure that protests which are mailed or delivered to City Hall are received by the City Clerk prior to the close of the public hearing, such protests must be received by the City Clerk at City Hall prior to 4:30 p.m. on the date scheduled for the public hearing. The City Clerk shall endorse on each written protest the date it is filed with the City. The City Clerk shall identify any protests which are received after the close of the public hearing. 5. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing by the person who submitted the written protest. 6. For purposes of determining whether a majority protest exists, only one protest for each Identified Parcel will be counted. 7. All written protests shall be considered public records. 86876/0001/814751.5 3 Resolution No. 2005 -38 Exhibit A E. Conduct of the Public Hearing; Determination of A Majority Protest 1. At the time, date and place fixed for the public hearing, the City Council shall: (i) Hear a staff presentation pertaining to the Proposed Storm Drain User Fee; Hear all persons interested in the matter of the Proposed Storm Drain User Fee; and (iii) Receive all written communications regarding the Proposed Storm Drain User Fee. 2. The public hearing may be continued from time to time, as the City Council determines is necessary to complete its consideration of the Proposed Storm Drain User Fee. 3. If the City Council determines at the close of the public hearing that written protests have been presented, and not withdrawn, by a majority of owners of the Identified Parcels (i.e., there is a majority protest), the Proposed Storm Drain User Fee shall not be approved. 4. If the City Council determines at the close of the public hearing that there is not a majority protest, the City Council may: (i) Remedy and correct any clerical error in the Written Report or otherwise modify the Written Report; provided that any such modification or correction shall not result in a Proposed Storm Drain User Fee for any Identified Parcel which is greater than the amount shown in the notice of the public hearing that was mailed to the Record Owner of the Identified Parcel; (ii) Confirm the Written Report, as originally filed or as amended in accordance with subparagraph (i), above; (iii) Adopt an Ordinance imposing the Storm Drain User Fee, subject to voter approval; and (iv) Adopt a resolution calling for an election regarding the Proposed Storm Drain User Fee. R6876/0001/814751.5 4 Resolution No. 2005 -38 Exhibit A