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CC RES 2005-069 RESOLUTION NO. 2005-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOSVERDES AMENDING PROCEDURES IN CONNECTION WITH A PROPOSED ANNUAL STORM DRAIN USER FEE. WHEREAS, on April 19, 2005, the City Council adopted Resolution No. 2005-38 declaring its intention to establish an annual Storm Drain User Fee (the "Fee") to fund the City's Water Quality and Flood Protection Program; and WHEREAS, Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) (the "Implementation Act") impose certain procedural and substantive requirements relating to the imposition of property-related fees and charges (as defined in Article XIII D), such as the Fee, including the requirement to conduct a public hearing and election for consideration of the Fee; and WHEREAS, the City Council has scheduled a public hearing for June 21, 2005, to consider the Fee and to hear testimony from the affected property owners regarding the same (the "Public Hearing"); and WHEREAS, Article XIII D and the Implementation Act further require the City Council to adopt procedures for the conduct of the Public Hearing; and WHEREAS, City Council Resolution No. 2005-38 previously approved procedures for the conduct of the Public Hearing attached thereto as Exhibit "2" (the "Original Procedures"); and WHEREAS, the Original Procedures, among other things, set forth procedures governing the submission of written protests in connection with the r consideration of the Fee; and WHEREAS, the procedures governing the submission of written protests declared that all written protests shall be considered public records; and WHEREAS, the California Public Records Act (Government Code Section 6250, et seq.) (the "Records Act") requires the disclosure of all public records unless one of the specific exceptions in the Records Act applies or the public interest in maintaining a record confidential outweighs the public interest in disclosure; and WHEREAS, the purpose of the Public Hearing and the written protests is to allow affected property owners the opportunity to voice a protest of the proposed Fee without undue political influence; and WHEREAS, disclosing written protests before the commencement of the Public Hearing could a have. a chilling effect on individual freedom of expression, could subvert the purpose of the Public Hearing and written protests to solicit the free exchange of ideas regarding the proposed Fee, and could subject property owners to harassment and coercion in attempts to influence their position of the proposed Fee, thereby irreparably damaging the integrity of the process; and WHEREAS, the benefit to the public of withholding the written protests prior to the Public Hearing far outweighs the public interest served by disclosure; and WHEREAS, nondisclosure will foster a more open and free exchange of ideas and will promote individual freedom of expression without fear of repercussions; and WHEREAS, disclosure of the written protests at the commencement of the Public Hearing allows ample opportunity for members of the public, including both proponents and opponents of the proposed Fee, to verify the qualifications and validity of each written protest while still preserving an open and independent exchange of ideas free from surveillance or undue influence; and WHEREAS, City Council desires to amend the rules to avoid this effect and preserve the integrity of the hearing process. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS: Section 1. In accordance with Article XIII D and the Implementation Act, the City Council hereby approves the Procedures for the Conduct of a Public Hearing Relating to the Proposed Storm Drain User Fee as set forth in Exhibit 1, attached hereto and incorporated herein by reference (the "Procedures"). The Procedures expressly supersede and repeal the Original Procedures previously approved by Resolution No. 2005-38 and attached thereto as Exhibit "2." PASSED, APPROVED and ADOPTED this 21 st f June 2005. Mayor Attest: Ci Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-69 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on .dune 21, 2005. AM z1h..1% City Clerk Resolution No. 2005-69 Page 2 of 2 RESOLUTION NO, 2005-69 EXHIBIT "1" PROCEDURES FOR THE CONDUCT OF A PUBLIC 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 public hearing required by Article XIII D of the California Constitution for consideration of the imposition of a proposed Storm Drain User Fee (the "Proposed Storm Drain User Fee'). 814751.7 Resolution No.2005-69 Exhibit"1" TABLE OF CONTENTS A. Written Report Page 1 B. Notice of the Public Hearing on the Proposed Storm Drain User Fee Page 1 C. Eligibility to File a Protest Page 2 D. Submission of Written Protests Page 3 E. Conduct of the Public Hearing; Determination.of A Majority Protest Page 3 R6876/0001/814751.7 1 Resolution No.2005-69 Exhibit"1" 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; • The reason for,the Proposed Storm Drain User Fee; R6876/0001/814751.7 1 Resolution No.2005-69 Exhibit"1" • A statement that the Proposed Storm Drain User Fee will be collected on the County of Los Angeles tax rol). 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 W-yitcen Report and the public hearing shall be published once a week for two successive weeks in 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 representation. Any such documentation must be filed with the City Clerk prior to the conclusion of the public hearing. R6876/0001/814751.6 2 Resolution No.2005-69 Exhibit"1" 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 duthbrization 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. Prior to the commencement of the public hearing, all written protests submitted shall be kept secret and confidential. 8. After the City Council opens the public hearing, all written protests shall be considered public records. E. Conduct of the Public Hearin�Determination of A Majority Protest 1. At the time, date and place fixed for the public hearing, the City Council shall: R6876/0001/814751.6 3 Resolution No.2005-69 Exhibit"1" (i) Hear a staff presentation pertaining to the Proposed Storm Drain User Fee; (ii) Hear all persons interested ir, the matter of the Proposed Storm Drain User Fee• and (iii) Receive all written commanicat ons 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 DrainUser 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. R6876/0001/814751.6 4 Resolution No.2005-69 Exhibit"1"