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HomeMy WebLinkAbout2009-06-09 - RESOLUTIONS - MAIL ELECTION STORMWATER (2)RESOLUTION NO. 09-50 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, 2009, 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. 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 9th day of June, 2009. /401 - MAYOR ATTEST: CITY CLERK 3- 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 9th day of June, 2009, by the following vote: AYES NOES COUNCILMEMBERS: McLean, Kellar, Ender, Weste, Ferry COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -"a� 6�? -Q�� CITY CLERK 1 1 -- - - --- - - - --- --- - - --- --- --- - - - - - - -- - -- -- - - --- ---- ----- -- - — - 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 No. 09-50, adopted by the City Council of the City of Santa Clarita, California on June 9, 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20_. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk i 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 "). 1 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 i 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 I. "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. — --- 2 - - -- - - - - -- - - - - - - - 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 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, 3 in joint tenancy, or as a tenancy in common, only one ballot will be counted for each Identified Parcel. D. Conduct of the Election 1. 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 4 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. 5 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 on 1 1 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. 7