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HomeMy WebLinkAbout2009-09-08 - AGENDA REPORTS - STORMWATER PREVENTION FEE (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by September 8, 2009 V/01 SharonDawson STORMWATER POLLUTION PREVENTION FEE TABULATION RESULTS Administrative Services RECOMMENDED ACTION City Council pass, approve, and adopt the attached resolution declaring the results of the Stormwater Pollution Prevention Fee (the "Fee") ballot tabulation. BACKGROUND Stormwater fees and charges are considered to be "property -related" fees under Proposition 218 and Article XIIID of the California Constitution. The City is required to follow certain procedural and substantive requirements to the imposition or modification of such property -related fees and charges, including the requirements of (i) holding a public hearing and (ii) to the extent no majority protest exists, receiving voter approval for such fees and charges. 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 City (7,735) seeing their annual stormwater fee increase. 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, 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 methodolgy for properties in the "single-family residential -rural" land use category. On June 9, 2009, City Council continued the public hearing, ordered a change in the methodology for parcels in the "single-family residential7rural" land use category, determined no majority protest had been received, closed the public hearing, adopted a resolution authorizing a mail ballot election for August 25, 2009, and approved procedures for the conduct of the election. Only ballots received by 8:00 p.m. on August 25, 2009 were counted. Per the request of Council, steps were taken to ensure full disclosure of the proposed addition of the Consumer Price Index (CPI) adjuster to the Stormwater Pollution Prevention Fee. The proposed CPI adjuster was disclosed and highlighted in the Notice of Public Hearing mailed to all property owners in March 2009, in newsletter #1 mailed to all property owners in late June 2009, in newsletter #2 mailed to all property owners in early July 2009, and in the Election Notice, the Impartial Analysis of the City Attorney, and the Argument in Support of the Measure mailed to all property owners with the ballot in mid July 2009. As specified in Elections Code Sections 10263 and 10264, upon completion of the canvass, the Elections Official (City Clerk) shall certify the results to the governing body (City Council). The City Council shall meet at its usual place of meeting, no later than the third Friday after the election, to declare the results of whether the measure passed or failed. Upon completion of the canvass, the City Council shall adopt a resolution reciting the fact that the Mail Ballot Special Election of August 25, 2009 was conducted as required by law; notice of election was given in time, form, and manner as provided by law and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form and manner required by law and the Election Procedures. The City Clerk has completed all necessary steps in order to properly and lawfully conduct this election. A resolution reciting the facts of the election has been prepared for City Council consideration and includes the City Clerk's Certificate of Canvass. The ballots were tabulated, and the results of the mail ballot election are as follows: There were 13,459 valid ballots received; of those, 10,294 (76%) voted "yes," and 3,165 (24%) voted "no." Being that a measure passed, the City Council can proceed with finalizing the proceedings by adopting the attached resolution declaring the results of the special election. An ordinance to codify the restructured Stormwater Pollution Prevention Fee will be presented to Council for adoption at a future meeting. ALTERNATIVE ACTIONS Others action as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund with this action. ATTACHMENTS Resolution - Declaring Election Results IN RESOLUTION 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, RECITING THE FACT OF THE ALL MAIL BALLOT SPECIAL ELECTION FOR THE STORMWATER POLLUTION PREVENTION FEE, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, by its Resolution No. 09-50 ("Resolution No. 09-50"), adopted on June 9, 2009, the City Council (the "City Council") of the City of Santa Clarita (the "City") called a special mail ballot election (the "Election") to be held on August 25, 2009 .(the "Election Date") for the purpose of submitting the restructuring of its storm drainage pollution abatement charge known as the "Stormwater Pollution Prevention Fee" (the "Fee"), to a vote of the owners of parcels that are subject thereto (the "Measure"); and WHEREAS, by Resolution No. 09-50, the City Council adopted procedures for the conduct of the Election as set forth in Exhibit A of Resolution No. 09-50 (the "Election Procedures"); and WHEREAS, in accordance with the Election Procedures, the ballots and related election materials were mailed to the owners of the property subject to the proposed restructured Fee, as evidenced by a certificate of mailing on file with the City Clerk of the City (the "City Clerk"); and WHEREAS, notice of the Election was given in time, form and manner as provided by law, and that in all respects the Election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities and the Election Procedures; and WHEREAS, the City Clerk has advised the City Council that, as specified in the Election Procedures, the City Clerk has received and placed in safekeeping all ballots received prior to 8:00 p.m. on the Election Date, and no ballots have been accepted after said time, which was the time specified in the Election Procedures for the close of the Election; and WHEREAS, the City Clerk, with the aid of persons deputized for such purpose, opened, examined and counted the ballots received, canvassed the returns of the Election and has certified the results to this City Council ("City Clerk's Canvass"), the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, the City Council of the City of, Santa Clarita does hereby resolve as follows: SECTION 1. Recitals True and Correct. The foregoing recitals are true and correct, and the City Council hereby so finds and determines. 13 SECTION 2. Votes Cast.. The whole number of mail -in voter ballots cast in the City was 13,459. As reported by the Clerk's Canvass, 10,294 votes were cast in favor of the Measure, and 3,165 votes were cast against the Measure. SECTION 3. Measure is Passed. The City Council hereby finds, determines and declares that the Measure to restructure the Fee, as described in and subject to the terms and conditions prescribed by the report of the City's consultant (the "Report"), which is on file with the City Clerk and which was confirmed by Resolution No. 09-50, is passed, and the City Council is therefore authorized to proceed with the restructuring of the Fee. SECTION 4. Statement of Result. The City Clerk shall enter on the records of the City Council, a statement of the result of the election, showing: (1) the whole number of votes cast in the City; (2) the number of votes cast in favor of the Measure, and (3) the number of votes cast opposed to the Measure. SECTION 5. Effectiveness. This Resolution shall take effect immediately upon its adoption. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2009. ATTEST: CITY CLERK MAYOR 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: CITY CLERK �5- 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 , 2009. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk EXHIBIT A CITY CLERK'S CERTIFICATE OF CANVASS I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do certify that I have canvassed the . returns of the All Mail Ballot Special Election held on August 25, 2009, and find that the number of votes given in the City for and against the Measure, were as follows: TOTAL VOTES CAST 13,459 TOTAL VOTES IN FAVOR OF MEASURE 10,294 TOTAL VOTES AGAINST MEASURE 3,165 OVERALL VOTER TURNOUT 24.7 Sharon L. Dawson, MMC City Clerk Dated: 2009 5 / City of Santa Clarita Stormwater Pollution Prevention Fee BALLOT TABULATION RESULTS Total of Ballots Received Total "Yes" Ballots Total "No" Ballots Number of Number of Yes Votes: /D 2 9 y No Votes: La .- LlS Percent Yes: �(�% Percent No: Ballots tabulated by: Harris & AssociaT ca-,-a l T. I( Date: R Z ; !� L 9 RAsanta clarita\drainage feeTee Modification\corresp\ballot results form.doc