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CC RES 2003-095 RESOLUTION NO. 2003-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN APPEAL FEE FOR DECISIONS OF THE DIRECTOR OF PUBLIC WORKS REGARDING APPLICATIONS FOR PERMITS TO CONSTRUCT ABOVEGROUND FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS: A. Pursuant to Chapter 12.06 of Title 12 of the Rancho Palos Verdes Municipal Code and Ordinance No. , adopted concurrently herewith, the City established a comprehensive regulatory scheme to govern the installation of aboveground facilities in the public rights-of-way (the "Regulations"). B. The Regulations establish procedures for the installation of aboveground utilities within the public-rights-of way and vest the Director of Public Works ("Director") with the authority to issue or deny an application for a right-of-way use permit to allow an aboveground facility within the public right-of-way. In addition, the Regulations establish a process by which the decision of the Director can be appealed to the City Council. Pursuant to its police powers, the City desires to establish and implement a fee to offset its costs to process such an appeal. The estimated staff services and costs to process an appeal of a decision by the Director are $300 to $400 per appeal. C. The establishment of appeal fees to be charged to appellants will offset a portion of the City's costs to process the appeals and will not generate additional revenue to the City. D. The City Clerk caused notice of the public hearing on the adoption of the proposed new fees to be duly published in the Palos Verdes Peninsula News on October 7, 2003 and October 11, 2003. E. The City Council held a public hearing on the adoption of the proposed new fees on October 21, 2003 and November 18, 2003. At the public hearing, the City Council heard and considered all testimony that was presented regarding the new proposed fees. Section 1: Based on the foregoing, the City Council hereby establishes the fee to appeal decisions of the Director of Public Works rendered pursuant to Chapter 12.06 of the Rancho Palos Verdes Municipal at $100 per appeal. The City Council hereby directs the City Clerk to add this new fee to the table that sets forth the other fees that have been approved by the City Council. Section 2: The City Clerk shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and her certification to be entered in the Book of Resolutions of the City Council of the City. PASSED, APPROVED and ADOPTED this 18th • - , • Novemb-r 2003. li ipso Mayor Attest: i Al / sl m I / A . City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2003-95 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 18, 2003. - --) I / / t r City Clerk Resolution No. 2003-95 Page 2 of 2