HomeMy WebLinkAbout2009-06-09 - AGENDA REPORTS - STORMWATER POLLUTION FEE RATE (2)ZAgenda Item• (Z (
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval:
Item'to be presented by: Travis Lange
DATE: June 9, 2009
SUBJECT: STORMWATER POLLUTION PREVENTION FEE RATE AND
METHODOLOGY ADJUSTMENT
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council conduct the continued public hearing regarding the proposed annual Stormwater
Pollution Prevention Fee (Fee) rate and methodology adjustment.
If a majority protest does not exist, it is recommended City Council:
a) Order"a change in the fee methodology for parcels in the "single family residential -rural"
land use category to be based on the "actual impervious percentage" of each parcel.
b) Adopt a Resolution authorizing a mail ballot election for August 25, 2009, for submittal
of a proposed annual Stormwater Pollution Prevention Fee to owners of real property
subject to the Fee, confirming a report, as modified, on the proposed Fee, and adopting
procedures for the conduct of the election.
c) Increase the contract for Harris and Associates, in the amount of $65,000, and authorize
the City Manager or designee to execute any documents, subject to City Attorney
approval.
d) Appropriate $149,000 from the Stormwater Utility fund balance to expenditure account
14600-5161.002 for the election and public information process of the proposed
Stormwater Pollution Prevention Fee Rate and Methodology adjustment.
BACKGROUND
Stormwater fees and charges are considered to be "property -related" fees under Article XIIID
(Proposition 218) of the California Constitution. The City is required to follow certain
procedural and substantive requirements relating to the imposition or modification of such
Adopted: )?eso. oq-.z
property -related fees and charges, including the requirements of (i) holding a public hearing, and
(ii) if no majority protests exists, receiving voter approval for such fees and charges.
Eighty-six (86%) of all parcels in the City will have their fee amount reduced as a result of the
fee restructuring proposed herein.
On March 10, 2009, City Council adopted a resolution preliminarily accepting a Rate Analysis
Report for the proposed restructuring of the City's Stormwater Pollution Prevention Fee, setting
a Public Hearing for May 26, 2009, to hear protests in connection with the proposed Fee, and
approving procedures for mailed and published notices of Public Hearing.
On May 26, 2009, City Council opened the public hearing regarding the proposed Fee rate and
methodology adjustment and received oral testimony from eight property owners. Council
continued the public hearing and directed staff to further analyze the methodology for calculating
the impervious surface percentage for properties in the "single family residential -rural" land use
category. To address the concerns raised by owners of "single family residential -rural"
properties, staff recommends modifying the fee methodology to incorporate the "actual
impervious percentage" of each parcel in the "single family residential -rural" land use category.
City NPDES Permit
Since May 1992, the City of Santa Clarita has been a co—permittee under the National Pollutant
Discharge Elimination System (NPDES) permit for the County of Los Angeles. Three NPDES
permits have been issued, the most recent in 2001, and a new permit is anticipated in 2009.
In order to provide continued safety of City residents, protect property, and meet federally
regulated water quality requirements of the NPDES permit, it is necessary to maintain, improve,
and replace storm drainage facilities. It is also necessary to inspect, monitor, and take
enforcement action related to illegal dumping, illicit discharges, various water quality concerns,
and to implement educational outreach programs. In order to properly fund such facilities and
activities, the City Council previously made findings that it was necessary to impose a storm
drainage user charge on all properties in the City.
New NPDES Permit
A new NPDES permit for the stormwater program in Los Angeles County is anticipated to be
issued in 2009 by the Los Angeles Regional Water Quality Control Board (LA-RWQCB). In
addition to existing costs, the City anticipates significant increased costs for compliance with the
new NPDES permit. It is anticipated the increased costs will come from more stringent
requirements, more monitoring, and additional programs.
Proposed Rate Adjustment and Methodology Update
The purpose of the restructured Fee is to better estimate actual stormwater run-off from
individual properties based on their land use, using the most current information from the Los
Angeles County Hydrology Manual (updated in 2006). The more impervious area on a property
(such as buildings, driveways, walkways, etc.), the more stormwater will run off the property.
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The amount of stormwater runoff from a property is directly proportional to the amount of use of
the drainage system. The amount of the fee is based on this estimated use of the drainage system.
Each fiscal year, subsequent to FY 2009-10, the maximum rate of the Stormwater Pollution
Prevention Fee will be adjusted for inflation by the annual change in the Consumer Price Index
(CPI), during the preceding year, as approved by City Council.
The updated fee calculation methodology and fee rate adjustment would result in 86% of all
parcels in the City (46,674 parcels) seeing their annual stormwater fee reduced, and 14% of all.
parcels in the the City (7,735 parcels) seeing their annual stormwater fee increase.
Appeals Process
Because no method can be completely accurate when estimating the amount of impervious cover
on a property, an appeals process is in place for properties that think they have been calculated
incorrectly.
Public Hearing Notices
Notices of the Public Hearing for the proposed Stormwater Pollution Prevention Fee were mailed
on April 10, 2009, and provided property owners at least 45 days' notice of the public hearing
and directions on the appeals process. Additional information about the proposed Fee was
available through a toll-free phone number, via email, and through the City's website.
Additionally, informational meetings were held with public agencies, community associations,
and other interested stakeholders.
Council Recommendation
Tonight's recommended action is to continue the public hearing to hear public testimony, receive
written and/or oral property owner protests, and consider all protests against the proposed Fee.
Pursuant to Article XIIID of the California Constitution (Proposition 218), the City is required to
go through a two-step process. The first step is a Public Hearing and the second a property
owner election.
Public Hearing — All property owners subject to the proposed Fee will be given the opportunity
to protest the Fee at the Public Hearing. If at the conclusion of the Public Hearing written
protests against the proposed Fee have been filed by the owners of a majority of the parcels
subject to the Fee, the process will stop, the Fee will not be imposed, and the existing fee will
continue. A majority protest would occur if written or oral protests are received from the owners
of 27,205 of our 54,409 parcels. As of Thursday May 28, 2009, written protests have been
received from the owners of seventy-three (73) parcels.
Property Owner Election — In the absence of a majority protest, the City Council may order a
mailed ballot election on the proposed Stormwater Pollution Prevention Fee. In such an election,
one ballot will be provided for each parcel subject to the proposed Fee. Ballots would be mailed
to record property owner(s) of each parcel subject to the Fee by July 10, 2009, with the tabulation
of the ballots scheduled for August 25, 2009. This date (the fourth Tuesday of August) is
prescribed by State Election Law. The special election shall be a secret ballot election.
ALTERNATIVE ACTIONS
1. Do not proceed with restructuring the City's existing Stormwater Pollution Prevention Fee.
2. Other action as determined by the City Council.
FISCAL IMPACT
The updated Stormwater Pollution Prevention Fee will continue to provide funding for the
ongoing water quality requirements for the drainage facilities serving the properties within the
City of Santa Clarita. Per the requirements of the California Constitution (Proposition 218), the
Fee is revenue neutral and does not exceed the funds required to provide the service.
Appropriate $149,000 from Stormwater Utility fund balance to expenditure account
14600-5161.002 for the election and public information process of the proposed Stormwater
Pollution Prevention Fee Adjustment.
ATTACHMENTS
Resolution
Exhibit A
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NOTICE OF CONTINUED PUBLIC HEARING
CITY OF SANTA CLARITA
CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its regular meeting
held May 26, 2009, continued a public hearing on
22. STORMWATER POLLUTION PREVENTION FEE RATE AND
METHODOLOGY ADJUSTMENT - Public hearing to hear public testimony, receive
written and/or oral property owner protests, and consider all protests against the
proposed Fee. Pursuant to Article XIIID of the California Constitution (Proposition
218) the City is required to go through a two-step process. The first step is a Public
Hearing, and the second step is a property owner election. In the absence of a majority
protest, the City Council may order a mailed ballot election on the proposed Stormwater
Pollution Prevention Fee.
to a date to be determined by the City Manager (June 9, 2009). The continued public hearing will be
held at or after 6:00 p.m. in the Council Chamber at, 23920 Valencia Blvd., Santa Clarita, California.
Dated this 27`h day of May 2009.
SHARON L. DAWSON, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS. AFFIDAVIT OF POSTING
CITY OF SANTA CLARITA )
SHARON L. DAWSON, being first duly sworn, deposes and says that she is the duly
appointed and qualified City Clerk of the City of Santa Clarita and that on May 27, 2009, she caused
the above notice to be posted at the door of the Council Chamber located at 23920 Valencia Blvd.,
Santa Clarita, California.
PubHrg/contph.doc
SHARON L. DAWSON, CITY CLERK
Santa Clarita, California
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RESOLUTION 09-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE USE OF A MAIL
BALLOT ELECTION, CALLING A SPECIAL MAIL BALLOT ELECTION FOR
AUGUST 25, 2609, FOR SUBMITTAL OF A PROPOSED ANNUAL STORMWATER
POLLUTION PREVENTION FEE TO OWNERS OF REAL PROPERTY SUBJECT TO THE
FEE, CONFIRMING A REPORT ON THE PROPOSED FEE AND ADOPTING
PROCEDURES FOR THE CONDUCT OF THE ELECTION
WHEREAS, on March 10, 2009, the City Council (the "City Council") of the City
of Santa Clarita (the "City") adopted Resolution No. 09-16 ("Resolution No. 09-16") accepting
the report of the City's consultant (the "Report") respecting the proposed restructuring of its
storm drainage pollution abatement charge to be known as the "Stormwater Pollution Prevention
Fee" (the "Fee"), to provide funding for storm drainage and flood control services under its
Storm Water Drainage Utility (the "Program"), including but not limited to services with which
to manage storm water runoff so as to better protect life and property within the City, and
scheduling a public hearing for May 26, 2009, respecting the Fee, the Program and any other
aspect of the Report; and
WHEREAS, Section 6 of Article XIIID of the California Constitution ("Section
6" and "Article XIIID") requires the City to follow certain procedural and substantive
requirements relating to the imposition of property -related fees and charges (as defined in Article
XIIID), such as the Fee; and
WHEREAS, the City has determined that the Fee is a "property -related" fee and is
therefore subject to the requirements and limitations of Section 6, including but not limited to the
public hearing and voter approval requirements; and
WHEREAS, before imposing the Fee, the City Council must (a) hold a noticed
public hearing on the Report, which includes a description of the Program, the identification of
the parcels of land within the City upon which the Fee should be imposed (the "Identified
Parcels"), the method for determining the amount of the Fee (the "Fee Schedule") to be imposed
each year upon the Identified Parcels, and the proposed amount of the Fee for 2009-10 along with
the maximum annual amount thereafter to be imposed on the Identified Parcels (the "Fee
Amount"), and to consider protests to the Fee, and (b) assuming that a majority protest is not
received at the public hearing, submit the question of the imposition of the Fee to a vote of the
owners of the property subject to the proposed Fee; and
WHEREAS, the City Clerk of the City (the "City Clerk") has advised that a notice
of the public hearing has been published and mailed in conformity with the provisions of
Resolution No. 09-16, as evidence by an affidavit of publication and a certificate of mailing on
file in the office of the City Clerk; and
WHEREAS, in accordance with Section 6 and the procedures established by
Resolution No. 09-16, the City Council has on May 26, 2009, opened, held, and continued to this
date the public hearing on the matters of the Program, the proposed Fee and any other aspect of
the Report and has taken testimony, both written and oral;
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby
resolve as follows:
SECTION 1. Further Recitals.
(a) The foregoing recitals are true and correct, and the City Council hereby so
finds and determines.
(b) The City Council has reviewed and considered the Report, containing,
among other things, a description of the Program, containing (1) the identification of the parcels
of land within the City upon which the Fee should be imposed (the "Identified Parcels"), (2) the
method for determining the amount of the Fee (the "Fee Schedule") to be imposed each year
upon the Identified Parcels as a source of funding for such storm drainage and flood control
services, including but not limited to services with which to manage storm water runoff so as to
better protect life and property within the City, and (3) the proposed amount of the Fee for
2009-10 and the maximum annual amount thereafter to be imposed on the Identified Parcels (the
"Fee Amount').
(c) This City Council has heard the report of City staff and consultants
respecting various provisions of the Report which have been modified in response to information
and comments received.
(d) In accordance with the published and mailed notice of hearing, this City
Council has on May 26, 2009, opened, conducted, and continued to this date, and on this date,
further conducted and closed the public hearing respecting the Report, as modified, the Program
and the Fee and has heard and considered a report of City staff and consultants, together with
testimony from all persons who wished to be heard at the hearing.
(e) The City Council has heard and considered all objections, protests, or other
written communications from any persons owning real property subject to the proposed Fee, the
Report, as modified, and the Program.
SECTION 2. No Majority Protest. The City Council determines that written
protests have not been received from property owners representing a majority of the parcels
subject to the Fee, and on the basis of the Report, as modified, and all other documents received
and presentations made during the course of the public hearing, this City Council hereby
overrules all protests, both written and oral.
SECTION 3. Confirmation of Report and Fees. The City Council hereby
confirms the Report, as modified, and each of the Fees proposed therein.
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SECTION 4. Authorization and Call for Special Election. The City Council
hereby authorizes and calls a special election, to be held on Tuesday, August 25, 2009, solely by
mailed ballot, pursuant to and in accordance with Section 6 and the procedures set forth in
Exhibit A, attached hereto and by this reference incorporated herein, for the purpose of
submitting the Fee to a vote of the owners of parcels that are subject thereto. The special election
shall be a secret ballot election and shall so state in the election material.
SECTION 5. Statement of the Ballot Measure. At the special election called by
this resolution, the following measure shall be submitted to the property owners voting:
"To provide funding for compliance with federal and state clean water requirements set
forth in the National Pollution Discharge Elimination System (NPDES) permit, including
services to manage stormwater runoff so as to better protect life and property within the
City of Santa Clarita, shall the City of Santa Clarita restructure the existing stormwater
fee rate and methodology by the imposition of its annual Stormwater Pollution
Prevention Fee as set forth in the Rate Analysis Report approved by the City Council? "
SECTION 6. Establishment of Election Procedures. The special election called by
this resolution shall be conducted and supervised by the City Clerk in accordance with
procedures as set forth in Exhibit A (the "Election Procedures"), which Election Procedures are
hereby adopted by the City Council. The City Attorney shall prepare an impartial analysis.
Arguments in favor of or against may be submitted in accordance with Section 9281 of the
Elections Code. Dates for arguments to be submitted shall be set the City Clerk. The Mayor or a
designated subcommittee is hereby authorized to prepare, at their option, a written argument in
favor of the measure on behalf of the City Council. The City Clerk shall publish notice of the
election as required by law. The office of the City Clerk is hereby designated as a drop off center
in the alternative to the return of the ballots by mail. To be counted, ballots must be received by
the City Clerk no later than 8:00 p.m. on the 25th of August, 2009.
SECTION 7.. Effectiveness. This Resolution shall take effect immediately upon its
adoption.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
7
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA)
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa' Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the day of , 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
4
CITY CLERK
a
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution 09- adopted by the City Council of the City of
Santa Clarita, California on , 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
52009.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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EXHIBIT A
PROCEDURES FOR THE CONDUCT OF THE
MAIL BALLOT ELECTION RELATING TO THE
PROPOSED STORMWATER POLLUTION PREVENTION FEE
The following procedures have been adopted by the City Council
of the City of Santa Clarita for the purpose of conducting the mail
ballot election required by Section 6 of Article XIII D of the
California Constitution for consideration of the imposition of the
proposed Stormwater Pollution Prevention Fee (the "Fee').
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TABLE OF CONTENTS
A. General Procedures Page A-1
B. Mailing of Ballots Page A-1
C. Eligibility to Vote Page A-2
D. Conduct of Election Page A-2
E. Post -Election Proceedings Page A-4
F. Special Provisions Page A-5
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A. General Procedures
1. This mail ballot election shall constitute an election for the purposes of
Section 6 of Article XIIID of the California Constitution ("Section 6").
The City Council recognizes that a mail ballot election for property
owners pursuant to Section 6, as opposed to registered voters, is a unique
circumstance not fully contemplated by the California Elections Code.
Thus, it is the intent of the City Council that the election be conducted in
substantial compliance with the requirements of the California Elections
Code to the extent feasible, and otherwise in accordance with these
procedures.
2. The City Clerk of the City Council (the "City Clerk") shall be responsible
for the conduct of the election governed by these procedures. The City
Clerk shall deputize Joan Cox of Harris & Associates, as an election
official to assist the City Clerk in the capacity of Deputy City Clerk in
conducting the election and canvassing the ballots. In addition, the City
Clerk may deputize one or more other persons as election officials to assist
the City Clerk in conducting the election and canvassing the ballots. All
references hereafter in these procedures to the "City Clerk" shall be
deemed to include reference to any Deputy City Clerk deputized by the
City Clerk in accordance with the foregoing and to whom the function in
question has been delegated by the City Clerk.
3. The election shall be by mail ballot only.
4. The date of the election shall be August 25, 2009, and the election shall
close at 8:00 p.m. on said date.
5. The City Clerk shall publish notice of the time and location that ballots
will be canvassed. The City Clerk shall publish such notice in The Signal
newspaper at least ten days before the date of the election.
B. Mailing of Ballots
1. "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.
2. The City Clerk shall cause to be prepared a master list of Record Owners
(the "Master List"), which shall include (1) the names and addresses of the
Record Owners of the Identified Parcels as they appear on the Assessment
Roll, and (2) in the case of any public entity, the State of California, or the
United States, the address of that entity known to the City.
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3. The following shall be mailed to each Record Owner on the Master List:
(i) A notice of the election and a ballot;
(ii) A self addressed return envelope, which shall state on its face that
a ballot is enclosed, and
(iii) Arguments, if any, and the Impartial Analysis of the City Attorney.
4. Ballots shall be mailed to the Record Owners on the Master List by
depositing the envelopes containing the notice of election, the ballot and
the return envelope in the U.S. Mail, first class, postage prepaid, on or
before the forty-fifth day prior to the date set for the election.
5. The envelopes containing the ballots shall be nonforwardable. Any ballot
that is returned to the City Clerk shall not be forwarded by the City Clerk.
6. The City Clerk shall certify the proper mailing of ballots by an affidavit
under penalty of perjury, which shall constitute conclusive proof of
mailing in the absence of fraud.
7. Whenever the City Clerk is required to mail a ballot to any address outside
the territorial limits of the United States, the City Clerk shall mail the
ballot by airmail and, if under any law of the United States election ballots
may be mailed without the payment of postage, the City Clerk shall so
mail the ballot.
C. Eligibility to Vote
1. The Master List shall be presumptive evidence of ownership of an
Identified Parcel for voting purposes.
2. If the current owner of any Identified Parcel is not shown as a Record
Owner on the Master List, such owner may receive and vote a ballot for
such parcel by filing with the City Clerk a evidence of ownership
satisfactory to City Attorney. The ballot provided to such current owner
shall be marked to identify it as a duplicate ballot on the return envelope.
Any such evidence must be received by the City Clerk either in advance of
submission of a ballot or concurrently with submission of a ballot, and in
any event no later than the close of the election at 8:00 p.m. on August 25,
2009.
3. In order for the ballot to be counted, the return envelope must be signed by
the Record Owner or current owner of an Identified Parcel, as the case
may be, or the authorized representative of the Record Owner or current
owner as attested to pursuant to the declaration under penalty of perjury on
the return envelope. In the event an Identified Parcel is owned by multiple
owners or is owned by a corporation, partnership, as community property,
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in joint tenancy, or as a tenancy in common, only one ballot will be
counted for each Identified Parcel.
D. Conduct of the Election
All ballots must be voted on or before the day of the election and must be
received by the City Clerk by 8:00 p.m. on August 25, 2009 to be counted.
After marking, completing and signing the ballot and the return envelope,
the voter shall either: (a) return the ballot and return envelope by mail or
(b) return the ballot and return envelope in person to the City Clerk. Only
ballots and return envelopes, including duplicate ballots, that are received
by the City Clerk by 8:00 p.m. on August 25, 2009, will be counted.
Postmarks will not be accepted in lieu of timely receipt of ballots and
return envelopes by the City Clerk, and persons choosing to return ballots
and return envelopes by mail shall assume the risk that such ballots are not
received on time to be counted.
2. The ballots shall be secret ballots. Each business day upon receipt of
ballots in the mail, the City Clerk, or the City Clerk's deputy, shall date
stamp the return envelopes of the unopened ballots and deposit the
unopened, date-stamped envelopes into a secure container (the "Lock
Box") to be kept in the office of the City Clerk for such purpose. The City
Clerk, or the City Clerk's deputy, shall review the unopened return
envelopes to verify that that each envelope is signed and that only one
ballot is returned for any property.
3. The City Clerk shall keep the ballots and return envelopes in the Lock Box
until the commencement of canvassing the ballots, which may not occur.
until the time specified in the published notice respecting the canvassing
the ballots, which in any event shall not be prior to 8:01 p.m. on August
25, 2009.
4. Only the City Clerk and the City Clerk's deputies shall have access to the
Lock Box and to the ballots in the Lock Box. The City Clerk shall
commence the tabulation of ballots at the time and location specified in
the published notice respecting the time and location for canvassing of
ballots, or as soon thereafter as the City Clerk determines to be feasible.
No ballot shall be removed from its return envelope prior to the time
specified for commencement of canvassing ballots.
5. The form of the ballot question shall be set forth in the resolution to which
these election procedures are attached as Exhibit A.
6. The City Clerk may cause the return envelope [and ballot] to be printed in
a manner so as to allow machine tabulation of the votes.
7. The City Clerk shall, upon request by an eligible voter that is part of a
language minority group as that term is defined by the Voting Rights Act
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of 1965, provide a ballot and ballot materials translated in that person's
primary language. In addition, the City Clerk shall, upon request by an
eligible voter, take such affirmative steps as are necessary to facilitate
voting by qualified individuals with disabilities.
8. Each ballot shall contain the following:
(i) The statement of the ballot measure as set forth in the resolution to
which these election procedures are attached as Exhibit A.
(ii) Space for the signer to mark the ballot "Yes" or "No."
9. Each return envelope shall contain the following:
(i) The Assessor's Parcel Number of the parcel to which the ballot
pertains.
(ii) The name of the owner of the parcel to which the ballot pertains.
(iii) The address of that owner.
(iv) Space for the signer to set forth the date on which the ballot is
being completed and to print and sign his or her name.
(v) A declaration under penalty of the laws of the State of California,
stating that the signer is authorized to submit a ballot on behalf of
the subject parcel.
(vii) Statement that the ballot is a secret ballot.
10. To the extent not covered by these procedures, the voting shall be
consistent with the provisions of the Elections Code, insofar as the City
Clerk determines such provisions are applicable to these proceedings and
are not inconsistent with Section 6.
E. Post -Election Proceedings:
1. The City Clerk will not accept a ballot:
(i) that is a photocopy;
(ii) wherein its related return envelope does not contain an original
signature;
(iii) that lacks an identifiable "yes" or "no" vote; or
(iv) that contains both a "yes" and "no" vote.
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The cause of the rejection shall be written on the face of the ballot or the
return envelope.
2. During and after the canvass of ballots, neither the City Clerk nor any
person deputized by the City Clerk as a Deputy City Clerk, shall disclose
the contents of any individual ballot that identifies how a voter voted to
any person or entity, including any member of the City Council, City staff
or any member of the public, unless ordered to do so by a court of
competent jurisdiction.
3. No report, in written, electronic or other form, shall be produced, nor shall
any record (other than the ballots themselves) be maintained in such a
manner that would disclose how any voter voted.
4. The City Clerk shall canvass the ballots and certify the results to the City
Council on or before September 8, 2009, in anticipation of City Council
action at its regular meeting on September 8, 2009, to declare the results
of the election.
5. Subject to receipt of the canvass and certificate of results from the City
Clerk, the City Council shall adopt a resolution declaring the results of the
election as soon as reasonably practicable following submission of the
certificate of results by the City Clerk.
6. If the election results demonstrate that a majority of the voters voting upon.
the imposition of the Stormwater Pollution Prevention Fee voted in favor;
of the imposition, the City Council may adopt and impose the Fee.
F. Special Provisions
1. Upon receipt by the City Clerk of written notification from the Record
Owner or current owner of a parcel, as the case may be, in either case
satisfactory to the City Clerk, that the ballot and/or return envelope
pertaining to that parcel has been lost, destroyed or never received and
requesting a duplicate ballot and/or return envelope, the City Clerk will
mail or otherwise provide a duplicate ballot and return envelope (which
shall be marked as a duplicate) to such owner; provided that the City Clerk
shall not be responsible in the event that the duplicate ballot and return
envelope is not received on time to enable the applicant to return the
completed ballot to the City Clerk prior to the close of the election.
2. The City Clerk will keep a record of each duplicate ballot and return
envelope mailed or otherwise provided, cross-referenced to the parcel to
which each such duplicate ballot and return envelope pertains, and during
tabulation of the returned ballots, the City Clerk will verify that, as to each
parcel for which a duplicate ballot was mailed or otherwise provided, only
one ballot has been returned for the parcel. In the event that the City Clerk
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determines that more than one ballot has been returned for any such
parcel, the following shall apply:
a. If a parcel has both a ballot from the Record Owner and a duplicate
ballot provided to a current owner pursuant to paragraph 2 of
Section C of these procedures, only the duplicate ballot shall be
counted.
b. If a parcel has both an original ballot and a duplicate ballot, only
the duplicate ballot will be counted.
C. If more than one duplicate ballot is returned for a parcel, the latest
returned duplicate ballot will be counted.
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THE SIGNAL NEWSPAPER
24000 Creekside Rd
Valencia CA 91355
Proof of Publication
(2015.5 C.C.P)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States, and a resident
of the county aforesaid; I am over the age of
eighteen years; and I am not a party to or interested
in the notice published. I am the chief legal
advertising clerk of the publisher of the
SIGNAL NEWSPAPER
published Daily in the City of Santa Clarita
County of Los Angeles, and which newspaper has
been adjudged a newspaper of general circulation
by the Superior Court of the County of Los
Angeles, State of California,
-
Case Number NVC15880, that the notice, of
which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
---the-following-dates,-to-wit= - -- - - — --
Al I in the year 20
I certify (or declare) under penalty of perjurythat
the foregoing is true and correct
Dated at Valencia, California, this
day of -_J U 11 -(_ 20 09
Or prOperry uwncia 01iu
9PNTA p { associations, may file a
OQ ly 1, written argument, not to
exceed 300 words in
length, accompanied by
the printed name(s) and±
signatures(s) of the per -19
gL I son(s) submitting it, or if
ao submitted on behalf of
I �I6DECE gyp` an orgamzatwn, _ thea,
NOTICE OF A SPECIAL name of the organiza-,
ALL -MAIL BALLOT tion, and the printed;e
ELECTION OF name and signature of at
I PROPERTY OWNERS least one of Its principal
WITHIN THE CITY OF officers, for or against
SANTA CLARITA AND/ the proposed measure
OF DATE AFTER NOTICE IS FURTHER
WHICH NO �
ARGUMENTS FOR OR GIVEN THAT, based
AGAINST THE upon-the-time-reasonal
PROPOSED MEASURE n bly necessary to prepare
MAY BE SUBMITTED and print the arguments
TO THE CITY CLERK and ballots for the elec-
NOTICE IS HEREBY •r tion, the City Clerk has
GIVEN that a Special fixed June 23, 2009, at
All -Mad Ballot Election of i 12:00 Noon, as posted,'
Property -Owners within i as a reasonable date
the City of Santa Clanta and time prior to the
(the "City") will be held in f' election after which no'
the City on Tuesday, Au- arguments for or against'
Tgust 25, 2009, at which $I the proposed measure
will be submitted to Ii may be submitted to, the
the property owners City Clerk Any such ar-
t within the City the follow- i gument shall be accom-
qg measure panied by the printed
o provide funding for name(s) and;
compliance with federal signature(s) of the per -
and state clean water re- ; son(s) submitting it, or if
quirements set forth in submitted on behalf of
the National Pollution an organization, the
Discharge 'Elimination name of the organa
---- System (NPDES) permit, N tion, and the printed — ----- ---
including services, to I name and signature of at
manage stormwater run- least one of its principal
off so as to better protect „ officers, at 23920 Valen-,
life and property within cia Boulevard, Santa
the C% of Santa Clanta; I Clanta, California 91355
shall tfre City of Santa Arguments may be
Clanta restructure the changed or withdrawn
existing stormwater fee until and including the
rate and methodology by II date fixed by the City,
the imposition of its an- r Clerk
nual Stormwater Pollu-
tion Prevention Fee as 'NOTICE IS FURTHER
set forth in the Rate GIVEN THAT any reso-
Analysis ' Report ap- lution, report, ordinance,
proved by the City Coun- impartial analysis, or di-
cil?" rect argument filed under
NOTICE IS FURTHER ;' the authority of the Elec
GIVEN THAT pursuant 11 tions Code will be availa-'
to Article 4, Chapter 3, ble for public examina-
Division 9 of the Elec- tion in the City Clerk's o'_
tions Code of the, State face for not less than 10
of California, the legisla- I deadline day from
art u
tive body of the City, or 9 9
any member or mem- I ments.
bers thereof authorized This notice is available inl
by the body, or any indi- I alternate format upon re -I
vidual property owner quest by calling the City,
within the City or bona Clerk's Office at (6 1)
fide association of citi. 255-4391
zens, or any combination I ' Sharon L Dawson,!
i MMC
City Clerk i
The Signal 6/17/09
City of Santa Clarita
CER TIFICA TION B Y CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that a
copy of the attached "NOTICE OF A SPECIAL ALL -MAIL BALLOT ELECTION OF
PROPERTY OWNERS WITHIN THE CITY OF SANTA CLARITA AND OF THE
DATE AFTER WHICH NO ARGUMENTS FOR OR AGAINST THE PROPOSED
MEASURE MAY BE SUBMITTED TO THE CITY CLERK" was posted in the Office of
the City Clerk, 3`d floor of City Hall, 23920 Valencia Blvd., Suite 304, Santa Clarita, CA
on Friday, June 12, 2009.
Jill III
Sharon L. Dawson, MMC
DEC 15, o
=_ a
City Clerk
j ss7
= <n,a
y0 c44
/FORO�P ��
�O°i�umununia�ON
Dated: June 12, 2009
NOTICE OF A SPECIAL ALL -MAIL BALLOT ELECTION
OF PROPERTY OWNERS WITHIN THE CITY OF SANTA
CLARITA AND OF DATE AFTER WHICH NO
ARGUMENTS FOR OR AGAINST THE PROPOSED
MEASURE MAY BE SUBMITTED TO THE CITY CLERK
NOTICE IS HEREBY GIVEN that a Special All -Mail Ballot Election of Property
Owners within the City of Santa Clarita (the "City") will be held in the City on Tuesday,
August 25, 2009, at which there will be submitted to the property owners within the City the
following measure:
"To provide funding for compliance with federal and state clean
water requirements set forth in the National Pollution Discharge
Elimination System (1VPDES) permit, including services to
manage stormwater runoff so as to better protect life and
property within the City of Santa Clarita, shall the City of Santa
Clarita restructure the existing stormwater fee rate and
methodology by the imposition of its annual Stormwater
Pollution Prevention Fee as set forth in the Rate Analysis Report
approved by the City Council?"
NOTICE IS FURTHER GIVEN THAT pursuant to Article 4, Chapter 3, Division 9
of the Elections Code of the State of California, the legislative body of the City, or any
member or members thereof authorized by the body, or any individual property owner within
the City or bona fide association of citizens, or any combination of property owners and
associations, may file a written argument, not to exceed 300 words in length, accompanied by
the printed name(s) and signatures(s) of the person(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and signature of at
least one of its principal officers, for or against the proposed measure
NOTICE IS FURTHER GIVEN THAT, based upon the time reasonably necessary
to prepare and print the arguments and ballots for the election, the City Clerk has fixed
June 23, 2009, at 12:00 Noon, as posted, as a reasonable date and time prior to the election
after which no arguments for or against the proposed measure may be submitted to the City
Clerk. Any such argument shall be accompanied by the printed name(s) and signature(s) of
the person(s) submitting it, or if submitted on behalf of an organization, the name of the
organization, and the printed name and signature of at least one of its principal officers, at
23920 Valencia Boulevard, Santa Clarita, California 91355. Arguments may be changed or
withdrawn until and including the date fixed by the City Clerk.
NOTICE IS FURTHER GIVEN THAT any resolution, report, ordinance, impartial
analysis, or direct argument filed under the authority of the Elections Code will be available
for public examination in the City Clerk's office for not less than 10 calendar days from the
deadline for filing arguments.
This notice is available in alternate format upon request by calling the City Clerk's
Office at (661) 255-4391.
Sharon L Dawson, MMC POSTED: June 12, 2009
City Clerk
City of Santa Clarita
CERTIFICATION BY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that a
copy of the attached "Argument in Favor of the Stormwater Pollution Prevention Fee
Measure" was posted in the Office of the City Clerk, 3 d floor of City Hall, 23920 Valencia
Blvd., Suite 304, Santa"Clarita, CA on Tuesday, June 23, 2009, available for public review
and for the public to obtain a copy. Said copy was available continuously through July 10,
2009.
Sharon L. Dawson, MMC
City Clerk
Dated: June 23, 2009
to
A
Argument in Favor of the Stormwater Pollution Prevention Fee Measure
Clean water is a vital resource here in Santa Clarita. Nearly half of our water supply is
from the Santa Clara River and the groundwater it feeds. Animals and plants also depend
on this natural resource. We can't afford to allow pollution to waste local rain
(stormwater), especially with the current drought. The Stormwater Pollution Prevention
Fee supports the activities of our Stormwater Pollution Prevention Program that manages
clean water efforts in every neighborhood, in Santa Clarita. The Stormwater Pollution
Prevention Program helps the City comply with State and Federal laws that come with
stiff penalties if we do nothing. The Stormwater Pollution Prevention Program cleans
clogged storm drains so they don't contribute to polluting the river or allow streets and
neighborhoods to flood. The Stormwater Pollution Prevention Program also enables the
City to respond to numerous citizen concerns about water pollution.
The proposed update to the Stormwater Pollution Prevention Fee is a fair and balanced
approach to reduce property owner fees and meet our clean water quality requirements. If
this proposal is approved, the rate would decrease from $24.00 to $21.50 per equivalent
residential unit (a 10;4% reduction), the most current data will be incorporated in the fee
calculation methodology, and a Consumer Price Index (CPI) cap will be attached to keep
the fee and costs in line with inflation.
Vote "YES" to maintain our water quality. Vote "YES" to help keep Santa Clarita in
compliance with State and Federal clean water regulations. Vote "YES" to decrease the
fee rate by 10.4%. Vote "YES" to prevent stormwater pollution now and in the future.
Frank Ferry
(nurene Weste
Mayor/Mayor Pro Tem
CDL_
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Harris & Associates
Program Managers
Construction Managers
Civil Engineers
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
CITY OF SANTA CLARITA
STORMWATER POLLUTION PREVENTION FEE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARPTA
The undersigned, under penalty of perjury, CERTIFIES AS FOLLOWS:
MAILING
The NOTICING OF PUBLIC HEARING was mailed to the record owners of all real property
proposed to be assessed according to the names and addresses of such owners as the same appear on
the last County Assessment Roll, or at the address as known to the undersigned; said mailing being
accomplished on the I& day of April, 2009, being at least forty-five (45) days prior to the date set
for the public hearing. (Attached to this Certification is a complete copy of the Notice of Public
Hearing.)
EXECUTED this 10`" day of April, 2009, at Irvine, California.
Joan E. rox, P.E.
Title: PROJECT MANAGER
HARRIS & ASSOCIATES
RAsanta clarita\dminage fee\Fee Modifim6on\corresp\mailing eert.doc
34 Executive Park, Suite 150 Irvine, California 92614-4705 949.655.3900 FAX 949.655.3995 irvine@harris-assoc.com
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34 Executive Park, Suite 150 Irvine, California 92614-4705 949.655.3900 FAX 949.655.3995 irvine@harris-assoc.com
City of Santa Clanta
City Clerk
23920 Valencia Blvd
Santa Clanta, CA 91355
<<Owner>>
<<Careof>>
<<MAddress>>
<<MCityst>> <<Mailzip>>
<<MCountry>>
NOTICE OF PUBLIC HEARING
City of Santa Clarita
in connection with the Proposed Restructuring of the
STORMWATER POLLUTION PREVENTION FEE
Assessor's Parcel Number: <<APN>>
Parcel Address: «Situs»
Land Use: <<Landuse>>
Acres: <<acres>>
ERU's: «ERU»
FEE COMPARISON
Proposed
Current Fee vs. Proposed Fee
(Decrease) or Increase
Current Maximum Fee
Proposed Maximum Fee Amount
Amount for this parcel: <<Asmt08>>
for this parcel: <<Newfee>>
<<Variance>>
THE CITY OF SANTA CLARITA GIVES NOTICE that -
1. The City of Santa Clarita (the "City") is proposing to restructure its Stormwater Pollution Prevention Fee (the "Fee"). The City is required
to maintain the quahty of storm water runoff under the State Water Resources Control Board issued National Pollution Discharge
Elimination System (NPDES) permit. The purpose of the Fee is to fund on-going water quality requirements for the drainage facilities
serving the properties within the City of Santa Clarita.
Currently, the annual Stormwater Pollution Prevention Fee rate is $24.00 per Equivalent Residential Unit (ERU). If approved, the
proposed maximum annual Fee rate for Fiscal Year (FA) 2009-10 will be $21.50 per ERU. Pursuant to the requirements of Article XIIID,
Section 6(c), of the California Constitution (Proposition 218), and "Title 5, Division 2, Part 1, Chapter 4, Article 4.6, Sections 53750-53755
(Proposition 218 Omnibus Implementation Act) of the California Government Code, the Stormwater Pollution Prevention Fee may no
exceed the maximum rate unless and until a change in the maximum rate is approved by a majority vote of the property owners of the
properties subject to tlus fee, except that each fiscal year subsequent to FY 2009-10 the maximum rate of the Stormwater Pollution
Prevention Fee will be adjusted for inflation by the annual change in the Consumer Price Index (CPI), during the preceding year, for All
Urban Consumers, for the Los .Angeles, Riverside and Orange County areas, published by the United States Department of Labor, Bureau
of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued).
Please see the back of this notice for the basis upon which the amount of the fee was calculated.
3. The City Council will hold a PUBLIC HEARING on Tuesday, May 26, 2009, at 6:00 p.m., or as soon thereafter as may be heard,
in the City Council Chambers, Santa Clarita City Hall, 23920 Valencia Blvd, Santa Clarita, California. At the Public Hearing the
City Council will -Lear public testimony, receive written protests, and consider all protests against the proposed Stormwater Pollution
Prevention Fee. The City Council may continue the hearing from time to time without further written notice.
Any property owner, authorized representative or tenant may file with the City Clerk of the City of Santa Clanta, at any time prior to the
end of the Public Hearing specified herein above, a written protest against the proposed Stormwater Pollution Prevention Fee. The written
protest must identify the property, the property owner, and be signed by the owner of the property, authorized representative of the owner
of the property or tenant. Protests by telephone, fax, or e-mail will not be accepted. A majority protest exists if, upon the end of the Public
Hearing, there are valid written protests submitted by owners of a majority of the properties subject to the Stormwater Pollution
Prevention Fee. A majority protest will result in the modifications to the Fee not being imposed. No more than one protest per parcel may
be submitted
5. The California Constitution requires that the proposed restructured fee must go through a two-step approval process. The first step is a
Public Hearing, and the second step is a property owner election.
Public Hearing. .All property owners subject to the proposed Fee will be given the opportunity to protest the Fee at the Public
Hearing If at the conclusion of the Public Hearing, written protests against the proposed Fee have been filed (and not withdrawn) by
the owners of a majority of the parcels subject to the Fee, then the process will stop and the Fee will not be imposed.
Property Owner Election. In the absence of a majority protest, the City Council may order an election on the proposed Stormwater
Pollution Prevention Fee. In such an election, one ballot will be provided for each parcel subject to the proposed Fee. Ballots will be
mailed to the record owner(s) of each parcel subject to the Fee. The Council may impose the Stormwater Pollution Prevention Fee if
the Fee is approved by a majority vote of the property owners returning ballots. If approved, the revised Fee will be collected on the
annual County Property Tax Bill commencing in FY 2010-11
Additional written material relating to the procedures for establishing this Fee are available at the above City Clerk address during regular
business hours and at the City's website at www.santa-clarita.com/stormwater
6. To get additional information about the proposed rate restructuring,
call toll-free: (888) 840-8031
or email to: stormwater@santa-clarita.com
website: www.santa-clarita.com/stormwater
Note: Thus does not affect the additional Site -Specific Fees for Bridgeport Development, Creekside, Hart Pony, and Hidden Creek .
STORMWATER POLLUTION PREVENTION FEE
BASIS UPON WHICH THE PROPOSED FEE IS CALCULATED
By definition, all properties that shed stormwater into the City's Stormwater drainage system use, or are served by, the City's stormwater
drainage system. The amount of use attributed to each parcel is measurable by the amount of storm runoff contributed by the property,
which is directly proportional to the amount of impervious area on a parcel (such as buildings and concrete). The more impervious area on
a property, the more storm runoff the property generates, the more demand placed on the storm drain system.
The amount each parcel uses the stormwater drainage system is computed by the following formula:
(Parcel Area) x (Impervious Percentage) = Drainage Units
The more Drainage Units a parcel has, the more storm run-off it generates, and the more it uses and impacts the drainage system.
It is standard practice to relate other land uses to a developed single family home, instead of working exclusivelj, with Drainage Units. The
City's parcel database shows that over 60% of the parcels within the City are designated as Single Family Residential (SFR) parcels, and the
median size of a SFR parcel is approximately 7,000 square feet (0.16 acre). Therefore, it makes sense to relate all parcels to this median
residential property. Therefore, the runoff from a 0.16 -acre SFR parcel is set equal to one Equivalent Residential Unit (ERU) and this base
ERU is calculated as follows:
(0.16 acres of area) x 0.42 = 0.0672 Drainage Units = 1 ERU
The proposed maximum annual fee rate for FI' 2009-10 is $21.50 per ERU (or less than $2 per month per ERU)
Below is a table with the typical impervious percentages for various property types, which is based on the Los Angeles County Flood
Control District Hydrology Manual, dated January 2006.
Drainage Land Use
Impervious
Drainage Land Use
Impervious
Drainage Land Use
Impervious
Antenna
2%
High Density CNDO
90%
Office
91%
Cemetery
10%
High Density MFR
90%
Oen Storage
66%
Church / Inst
82%
Hotel/Motel
96%
Parkin
91%
Colle e
47%
Licht Industrial
91%
Power Facilities
47%
Com Recreation
90%
Low Density CNDO
55%
Ranch
42%
Com Storage
90%
Low Density MFR
55%
Re til Shopping Ctr
95%
Communications
82%
Med Density CNDO
86%
Retail
97%
Day Care
68%
Med Density MFR
86%
SFR -0.5
42%
Dev Park
10%
Medical Facility
74%
SFR -1
formula
Dump
15%
Mineral Extract
10%
SFR Rural
formula
EI -Hi School
Actual
Mobile Homes
91%
Undev Park
2%
Golf
3%
Nurseries / Agr
15%
Vacant
1%
SFR properties are separated into three (3) groups and their impervious percentages are calculated as follows:
SFR Category Drainage Unit Formula
SFR -0.5 - SFR parcels 0.5 acres or less acres x 42% (max = 0.21)
SFR -1 - SFR parcels 0.5 - 1 acres (0.21) + (acres - 0.5) x 21% (max = 0.315)
SFR -Rural - SFR parcels more than 1 acre (0.315) + (acres - 1.0) x 10%
Multi -Family Residential (MFR) and Condominium (CNDO) units are split into categories by the density, or number of dwelling units per
acre (DU/Ac) as follows:
MFR or Condo Category Density % Impervious
High Density Greater than 18 DU/Ac 90%
Med Density 10 -18 DU/Ac 86%
Low Density Less than 10 DU/Ac 55%
To calculate what the maximum annual fee amount on your property would be, multiply the area of your parcel, in acres, by the
appropriate Runoff Factor in the above table, then divide that by 0.0672 and multiply the resulting number by $21.50. The table below
provides sample calculations for a variety of land uses and parcel sizes.
Sample Calculations for Various Land Uses - $21.50/ERU
Land Use
Designation
Parcel
Area (sf)
Parcel
Area ac
x
Percent
Impervious
Drainage
- Units
/ 0.0672
= ERU's
FY 2009-10
Max. Annual
Fee = $21.5/ERU
SFR- 0.5
3,500
0.08
x
42%
= 0.03360
/ 0.0672
= 0.5000
$10.75
SFR- 0.5
7,000
0.16
x
42%
= 0.06720
/ 00672
= 1 0000
$21.50
SFR- 0.5
21,500
0.50
x
42%
= 0.21000
/ 0.0672
= 3.1250
$67.19
SFR -1
35,000
0.80
0.21+ ac -0.5 x2l%
= 0.27300
/ 0.0672
= 4.0625
$87.34
SFR -Rural
87,120
200
0.315+(ac- 1)x10%
= 0.41500
/ 0.0672
= 61756
$132.77
Low Density CNDO
7,100
0.16
x
55%
= 0.08800
/ 0.0672
= 1 3095
$28.15_
Med Density CNDO
3,150
0.07
x
- 86%
= 0.06020
/ 0.0672
= 0.8958
$19.26
High Density CNDO
1,800
0.04
x
90%
= 0.03600
/ 0.0672
= 0.5357
$11 52
Low Density MFR
43,560
1.00
x
55%
= 0.55000
/ 0.0672
= 8.1845
$175.96
Med Density MFR
43,560
1.00
x
86%
= 0.86000
/ 0.0672
= 12.7976
$275.14
Hi h DensitV MFR
43,560
1.00
x
90%
= 0.90000
/ 0.0672
= 13.3929
$287.94
Service Station
6,534
0.15
x
91%
= 0.13650
/ 0.0672
= 2.0313
$43.67
Retail
21,780
0.50
x
96%
= 0.48000
/ 0.0672
= 7.1429
$153.57
Business Park
21,780
0.50
x
91%
= 0.45500
/ 0.0672
= 6.7708
$145.57
Office
10,890
0.25
x
91%
= 0.22750
/ 0.0672
= 3.3854
$72.79
Light Industrial
43,560
1.00
x
91%
= 0.91000
/ 00672
= 13.5417
$291.14
Church
32,670
0.75
x
85%
= 0.63750
/ 0.0672
= 9.4866
$203.96
Developed Parks
5.00
x
10%
= 0.50000
/ 0.0672
= 7.4405
$159.97
Golf Courses
10.00
x
3%
= 0.30000
/ 0.0672
= 4.4643
$95.98
Vacant
2.00
x
1%
= 0.02000
/ 0.0672
= 0.2976
$6.40
SFR = Single Family Residential 0.0672 = Drainage Units per median SFR ERU = Equivalent Residential Unit
Note: Condominium parcel areas include a prorata share of the common areas of the complex.
Harris & Associates
Program Managers
Construction Managers
Civil Engineers
CERTIFICATE OF COMPLIANCE
WITH ELECTION REQUIREMENTS
CITY OF SANTA CLARITA
STORMWATER POLLUTION PREVENTION FEE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
The undersigned, under penalty of perjury, CERTIFIES AS FOLLOWS:
MAILING
The BALLOTS were mailed to the record owners of all real property proposed to be charged a Fee
according to the names and addresses of such owners as the same appear on the last County
Assessment Roll, or at the address as known to the undersigned; said mailing being accomplished on
the 10th day of July, 2009, being at least forty-five (45) days prior to the date the ballots are due.
(Attached to this Certification is a complete copy of the Ballot Package.)
EXECUTED this 10th day of July, 2009, at Irvine, California.
Joan)f Cox, P.E.
Title: PROJECT MANAGER
HARRIS & ASSOCIATES
RAA to cladtaldminage fee\Fee Modificaeon\corresp\mailing certldoc
34 Executive Park, Suite 150 Irvine, California 92614-4705 949.655.3900 FAX 949.655.3995 irvine@harris-assoc.com
:Gityaf
SANTA CLARITA
,23920 Val''encia`B`6ulevard-��Suite,30Q!.Santa Cla�ita',-Califorriia.,91355-2196'.
Phone; (663)259=2489 • FA$::(6filj 359: 8'325
z uw.san'ta-clarka.com;
July 10, 2009
Dear Property OwnerNoter:
Article 13D of the California Constitution (Proposition 218, approved by the California voters in
November 1996), provides property owners with the opportunity to approve or disapprove, by election,
increases -or changes to property -related fees -for- drainage. The City Council of the City of Santa Clarita
(the "City") has called a Special All -Mail Secret Ballot Election for the proposed restructuring of its
Stormwater Pollution Prevention Fee (the "Fee").
This is an all -mail property owner election. ONE BALLOT FOR EACH PARCEL is being
mailed to the person(s) or entity(ies) who own real property subject to the Fee, based on the name(s) and
primary mailing address designated on the Los Angeles County Assessor's latest equalized assessment
roll, as updated by information known to the City regarding ownership. The record owner of real
property subject to the Fee, or his or her legal representative is entitled to vote. Each ballot is worth one
vote. Only one ballot per parcel will be counted. The election is a secret ballot election and your vote
shall be kept secret.
PLEASE NOTE: If you own more than one property subject to the Fee, you will be receiving a
separate balloting package for each parcel that you own. Please ensure that you complete and return the
ballot for each property that you own. Ballots that are not returned will not be counted. If you no longer
own the identified parcel, please immediately advise the City of the change in parcel ownership at (888)
840-8031 or at stormwater(a)santa-clarita.com.
If you did not receive a ballot package for a property you own within the City of Santa Clarita,
please call'(888) 840-8031 or send an email' to'stormwater(a)santa-clarita.com and provide your name,
mailing address and the Assessor's Parcel Number so a ballot package may be mailed to you.
Enclosed for your use and information are the following materials:
• OFFICIAL BALLOT
• BALLOT RETURN ENVELOPE
• Impartial Analysis of the City Attorney
• Arguments For and Against
• Information on the Fee, including the maximum Fee rate for FY 2009-10 for your parcel
• Instructions on completing and returning the Official Ballot and Ballot Return Envelope
Please carefully review the materials enclosed in this ballot package. Copies of the Modified
Rate Analysis Report for the Stormwater Pollution Prevention Fee and the Procedures for the Mail Ballot
Election are available for review at City Hall at the office of the City Clerk located at 23920 Valencia
Boulevard, Santa Clarita, California 91355.
July 10, 2009
Page 2
Electronic copies are available for review at www.santa-clarita.com/stormwater.
Once you have voted, enclose your Official Ballot in the Ballot Return Envelope provided.
Supply ALL information requested on the Ballot Return Envelope. YOUR VOTE WILL BE
DISQUALIFIED IF YOU DO NOT FILL IN ALL THE REQUESTED INFORMATION.
If you tear your Ballot Return Envelope or make an error in voting, you may secure another by
surrendering the ballot you spoiled, in person or by mail, at the address below, or by executing an
affidavit to the effect that you lost your ballot, and you will be given another ballot.
You must return your Official Ballot using the enclosed Ballot Return Envelope: Your Official
Ballot and Ballot Return Envelope may be mailed, or it may be delivered, to the office of the City Clerk
of the City of Santa Clarita located at 23920 Valencia Boulevard, Santa Clarita, California 91355. Please
note that your Official Ballot MUST BE RECEIVED by the City Clerk of the City of Santa Clarita as
Election Official not later than 8:00 p.m. on Tuesday, August 25, 2009 (postmarks dated on or before
August 25, but not received by then, will not be accepted).
If a property owner disagrees with the calculation of his or her fee, then the property owner may
appeal the calculation by submitting written documentation stating their name, phone number, mailing
address, email address (if available) and the Assessor's Parcel Number for the property in question, as
well as an explanation as to the reason the charge should be changed. This documentation may be emailed
to stormwater(a,santa-clarita.com or submitted to the City Clerk's office.
If you have any questions, please call the information line at (888) 840-8031 or send an email to .
stormwater@santa-clarita.com
Solicite su papeleta de voto en espanol en la oficina de la Secretaria Municipal.
Very truly yours,
/s/ Sharon L. Dawson
Sharon L. Dawson, MMC, City Clerk of the City of
.Santa Clarita, as Election Official
Enclosures
IMPARTIAL ANALYSIS OF THE CITY ATTORNEY
OF THE CITY OF SANTA CLARITA
STORMWATER POLLUTION PREVENTION FEE
AUGUST 25, 2009 ELECTION
In accordance with state law and Chapter 15.50 of Title 15 of its Municipal Code, the City of Santa Clarita
(the "City") proposed the restructuring of its existing storm drainage user fee placed on parcels of real
property, which fee provides funding for storm drainage and flood control services under the City's
stormwater drainage system. Pursuant to California Constitution Article XIIID and the Proposition 218
Omnibus Implementation Act, the Stormwater Pollution Prevention Fee (the "Fee") cannot be restructured
and implemented without majority approval by the owners of the parcels of real property subject to the Fee.
The restructured Fee would (a) decrease the existing fee rate of $24.00 per equivalent residential unit (ERU)
to $_21.50 per ERU for fiscal year 2009-10, (b) update the methodology for calculating the Fee to determine
the amount of stormwater runoff generated by different types of land uses, and (c) implement a maximum
annual adjuster for the Fee for future fiscal years equal to the Consumer Price Index for All Urban
Consumers, for the Los Angeles, Riverside and Orange County areas ("CPI"), all pursuant to the Modified
Rate Analysis Report, dated June 9, 2009 (the "Report") prepared by Harris & Associates and approved by
the City by adoption of Resolution 09-50. The Fee is generally derived.on the basis of a parcel's land use :.
category, area, and typical percentage of impervious area. Annually, the City Council may not increase the
Fee by a factor that exceeds the annual increase in CPI. Any increase of the Fee beyond the CPI would
necessitate new proceedings as required by law. The Preliminary. Charge Roll, which lists each parcel
subject to the Fee and its proposed maximum Fee for FY 2009-10, is on file in the office of the City Clerk.
The Fee is expected to generate approximately $2.7 million for FY 2010-11,.
The City is subject to federal and state clean water requirements set forth in the State -issued National
Pollutant Discharge Elimination System (NPDES) stormwater regulations. The Fee.pays, for a portion of
the City's program to comply with the NPDES permit. Components of this .program include repair and
maintenance of the City's stormwater drainage system, collection and reduction of pollutants flowing into
the Santa Clara River and groundwater, and street sweeping.
Pursuant to state law, notices of the right to file a protest to the Fee were mailed to the owners of impacted
properties. If a majority protested the Fee, the proceeding would be terminated.. The public hearing was
held on May 26, 2009 and continued to June 9, 2009. No majority protest was made and the City Council
has brought the issue to an all -mail secret ballot vote of property owners affected by the Fee.
Each parcel receives one vote. The Fee may be established by resolution' following the - election if a
majority of parcel owners voting, vote in the affirmative.
A YES vote approves the Fee restructuring.
A NO vote rejects the Fee restructuring and keeps the existing annual stormwater fee in place at the current
rate.
Dated: June 26, 2009.
Carl K. Newton, City Attorney
If you desire copies of the Resolution, Report or Preliminary Charge Roll, referred to above, please contact
the City Clerk's Office at 23920 Valencia Boulevard, Santa Clarita, California 91355, (661) 255-4391.
Arguments in support or opposition of the proposed measure are the opinions of the authors.
Clean water is a vital resource here in Santa No arguments against were submitted.
Clarita. Nearly half of our water supply is from the
Santa Clara River and the groundwater it feeds.
Animals and plants also depend on this natural
resource. We can't afford to allow pollution to waste
local rain (stormwater), especially with the current
drought. The Stormwater Pollution Prevention Fee
supports the activities of our Stormwater Pollution
Prevention Program that manages clean water efforts
in every neighborhood in Santa Clarita. The
Stormwater Pollution Prevention Program helps the
City comply with State and Federal laws that come
with stiff penalties if we do nothing. The Stormwater
Pollution Prevention Program cleans clogged storm
drains so they don't contribute to polluting the river or
allow streets and neighborhoods to flood. The
Stormwater Pollution Prevention Program also enables
the City to respond to numerous citizen concerns about
water pollution.
The proposed update to the Stormwater Pollution
Prevention Fee is a fair and balanced approach to
reduce property owner fees and meet our clean water
quality requirements. If this proposal is approved, the
rate would decrease from $24.00 to $21.50 per
equivalent residential unit (a 10.4% reduction), the
most current data will be incorporated in the fee
calculation methodology, and a Consumer Price Index
(CPI) cap will be attached to keep the fee and costs in
line with inflation.
Vote "YES" to maintain our water quality. Vote
"YES" to help keep Santa Clarita in compliance with
State and Federal clean water regulations. Vote "YES"
to decrease the fee rate by 10.4%. Vote "YES" to
prevent stormwater pollution now and in the future.
Frank Ferry, Mayor of the City of Santa Clarita
Laurene Weste, Mayor Pro Tem of the City of
Santa Clarita
City of Santa Clarita
City Clerk
23920 Valencia Blvd
Santa Clarita, CA 91355
PROPERTY OWNER SECRET BALLOT ELECTION
City of Santa Clarita
in connection with the Proposed Restructuring of the
STORMWATER POLLUTION PREVENTION FEE
Assessor's Parcel Number
Parcel Address:
Land Use:
Acres:
ERU's:
FEE COMPARISON
Proposed
Current Fee vs. Proposed Fee
(Decrease) or Increase
Current Maximum Fee
Proposed Maximum Fee
Amount for this parcel: $
Amount for this parcel: $
$
----------------------------------------------------------------------------------------------------------------------------------------------
(tear here for return envelope - see instructions on the other side)
Currently, the annual Stormwater Pollution Prevention Fee rate is $24.00 per Equivalent Residential Unit (ERU). If approved, the proposed maximum
annual Fee rate for Fiscal Year (FY) 2009-10 will be $21.50 per ERU. Pursuant to the requirements of Article XIIID, Section 6(c), of the California
Constitution (Proposition 218), and Title 5, Division 2, Part 1, Chapter 4, Article 4.6, Sections 53750-53755 (Proposition 218 Omnibus Implementation
Act) of the California Government Code, the Stormwater Pollution Prevention Fee may not exceed the maximum rate unless and until a change in the
maximum rate is approved by a majority vote of the property owners of the properties subject to this fee, except that each fiscal year subsequent to FY
2009-10 the maximum rate of the Stormwater Pollution Prevention Fee will be adjusted for inflation by the annual change in the Consumer Price Index
(CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Riverside and Orange County areas, published by the United States
Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued).
Note: This does not affect the additional Site -Specific Fees for Bridgeport Development, Creekside, Hart Pony, and Hidden Creek .
To get additional information about the proposed rate restructuring, call (888) 840-8031 or email to stormwater@santa-clarita.com
or go to www.santa-clarita.com/stormwater
SUMMARY OF ELECTION PROCEDURES
If you are the owner of the property described above and on the back of this page, you may submit the enclosed ballot to the City to
support or oppose the proposed Storm Drainage Fee restructuring. Please follow the instructions below to complete and return
your ballot.
1. Register your vote on the enclosed ballot as YES (in favor of) or NO"(against) the proposed fee restructuring by placing an "X" in
the corresponding box. Mark your ballot in ink, not pencil.
2. Tear the top off this notice, above, and fold as indicated on the back of this sheet. This creates the official Return Envelope.
Place the marked ballot in this official Return Envelope, and seal the envelope.
3. Mark, sign and date the Return Envelope in ink. Do not use pencil. Ballots received without a signature on the return
envelope will not be counted.
4. Mail or personally deliver your ballot to the City Clerk's office, 23920 Valencia Blvd, Santa Clarita, CA 91355.
The City must receive all ballots by August 25, 2009. Postmarks do not count.
5. Ballots must be received by the City Clerk prior to 8:00 p.m. on Tuesday, August 25, 2009. Any ballots received after this time
cannot legally be counted. (Ballots may be hand -delivered to the City Clerk any time prior to this date and time.)
6. After 8:00 p.m., the City Clerk and her designees will tabulate the ballots. Only one ballot may be submitted for each parcel.
7. If the election results indicate that a majority of the voters voting upon the fee restructuring voted in favor, then the City Council
may enact the fee restructuring.
Complete Procedures are on file in the office of the City Clerk.
T The information in this notice and the accompanying materials were compiled and are distributed at public expense by the City of Santa
Clarita in compliance with Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and procedures
adopted by the City of Santa Clarita by Resolution No. 09-50. This information is presented in the public interest. It is not intended to
influence or attempt to influence the actions of the voters to vote `yes" or "no" on the enclosed ballot.
--------------------------------------
(fold here - this is the- flap of the envelope)
------ - - - ------------------------------------------------------------
2. INSERT BALLOT CARD, FOLD FLAP, MOISTEN AND SEAL ENVELOPE.
STORMWATER POLLUTION PREVENTION FEE
PROPERTY OWNER SECRET BALLOT ELECTION
This is your ballot return envelope!
1) Please tear along the perforation below.
2) Fold along the dotted line, so that your signature and the City mailing address are on the outside.
3) Moisten the glue strips and seal the sides of the envelope (on other side of this page)
4) Insert the light blue Ballot Card inside the envelope (make sure it is marked "yes" or "no").
5) Fold the flap of the envelope, moisten the glue strip and seal the light blue Ballot Card inside.
6) Sign and date the envelope and return it to the City Clerk's office, either in person or by mail.
(tear here)
-----------------------------------------------------------------------------------------------------------------------------
Official City Secret Ballot Enclosed
To be opened only by the
City Clerk's office
CITY CLERK
CITY OF SANTA CLARITA
23920 VALENCIA BLVD
SANTA CLARITA, CA 91355-2196
--------------------------------------------------
(please fold here)
Place
sta m p
here
After you have marked your ballot, place it in this envelope.
Tear at the perforations above and fold so that your signature and City mailing address are on the outside.
Put the ballot inside, seal the envelope, and mail or deliver it to the City Clerk by 8:00 p.m. August 25, 2009.
Assessor's Parcel No.
Parcel Address:
Owner of Record:
I hereby declare under penalty of perjury that I am the record owner, or the
authorized representative of the record owner, of the parcel identified above.
Date Printed Owner's Name Owner's Signature
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