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HomeMy WebLinkAbout2009-09-08 - RESOLUTIONS - STORMWATER PREVENTION FEE (2)RESOLUTION 09-78 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 -E lection; 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. 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 8th day of September, 2009. ATTEST: CITY CLERK", _ 1 2 1 1 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 8th day of September, 2009, by the following vote: AYES: COUNCILMEMBERS: Ender, Kellar, Weste, McLean, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 CITY CLERK 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 09-78 adopted by the City Council of the City of Santa Clarita, California on September 8, 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 11 1 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 ?470/ C� gx-,'M� Sharon L. Dawson, MMC City Clerk Dated: September 8, 2009 J 5