Novato Flood Control Zone 1

Measure E - 2/3 Approval Required

FLOOD CONTROL DISTRICT ZONE NO. 1 SPECIAL TAX

This Measure was placed on the ballot by the Board of Supervisors of the Marin County Flood Control and Water Conservation District.

If this measure is approved by a two-thirds vote, a spe­cial tax will be levied in Flood Control Zone No. 1 of the Marin County Flood Control and Water Conservation District in the amount of:

·   Thirty Dollars ($30) annually per parcel for Farm, Ag and Unimproved;

·   Forty-Seven Dollars ($47) annually per parcel for Single Family Residential and Multi-Family Residential of less than 0.25 acres;

·   One Hundred, Fourteen Dollars ($114) annually per parcel for Multi-Family Residential of 0.25 acres to less than 1.00 acre;

·   Two Hundred, Ninety-Four Dollars ($294) annually per parcel for Multi-Family Residential of 1.00 acres to less than 10.00 acres;

·   Four Hundred, Eighty-One Dollars ($481) annually per parcel for Multi-Family Residential of 10 acres and above;

·   Sixty-Seven Dollars ($67) annually per parcel for Commercial/Industrial of less than 0.25 acres;

·   Two Hundred, Eighty-Three Dollars ($283) annual­ly per parcel for Commercial/Industrial of 0.25 acres to less than 1 acre;

·   Five Hundred, Eighty-Seven Dollars ($587) annual­ly per parcel for Commercial/Industrial of 1 acre to less than 10 acres; and

·   Twelve Hundred and Fifty-Four Dollars ($1,254) annually per parcel for Commercial/Industrial of 10 acres and above.

This special tax will be levied beginning in fiscal year 2018-2019 for eighteen (18) years. Proceeds from the tax will be used to reduce flooding, improve water quality, restore fish and wildlife habitat, and adapt to sea level rise to be spent on such projects only within the area of Flood

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Control Zone No. 1. The ballot measure provides for the Board of Supervisors to enact a low income senior exemp­tion from the tax imposed by this Measure. This special tax is expected to raise $1.1 million dollars per year and is subject to annual audits.

FULL TEXT OF MEASURE E

RESOLUTION NO. 2017-81

RESOLUTION OF THE MARIN COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT BOARD OF
SUPERVISORS CALLING FOR AN ELECTION TO IMPOSE
A SPECIAL TAX UPON PARCELS LOCATED WITHIN
FLOOD CONTROL ZONE NO. 1 FOR THE PURPOSE OF
REDUCING COMMUNITY AND ROADWAY FLOODING;
RESTORING CREEK AND MARSH HABITAT, AND
ADAPTING TO SEA LEVEL RISE

WHEREAS, the Board of Supervisors of the Marin County Flood Control and Water Conservation District, and upon the recommendation of the Flood Control Zone No. 1 Advisory Board, determines that it is in the best interests of the property owners within Zone No. 1 to pro­vide for increased protection from flooding risk; and

WHEREAS, pursuant to all applicable state law, including California Water Code – Appendix 68-5(11) and Government Code Section 50075 et seq., and in compli­ance with California Constitution Articles XIIIA and XIIIC, the Board of Supervisors of the Marin County Flood Control and Water Conservation District is hereby authorized to adopt this Resolution to establish and impose (subject to voter approval) a special tax upon all taxable real property located within Flood Control Zone No. 1; and

WHEREAS, the Board of Supervisors of the Marin County Flood Control and Water Conservation District calls for an election to impose a special tax in the amounts specified per the parcel tax rates described in Exhibit A beginning with fiscal year 2018-2019; and

WHEREAS, the special tax, if approved by the elec­torate, will not exceed the spending limit pursuant to California Constitution Article XIIIB; and

WHEREAS, the Board of Supervisors of the Marin County Flood Control and Water Conservation District conducted a public hearing on this matter on August 1, 2017.

NOW, THEREFORE, BE IT RESOLVED that, subject to voter approval, the Marin County Tax Collector shall collect the special tax annually in the same manner and subject to the same penalties as County property taxes are collected. The County shall be entitled to deduct its reasonable costs incurred collecting the special tax before such tax is remitted to the Marin County Flood Control and Water Conservation District.

BE IT FURTHER RESOLVED that the special tax established by this Resolution shall be submitted to the registered voters within Flood Control Zone No. 1 in the Local District Election on November 7, 2017. The ques­tion submitted to the voters shall read substantially as fol­lows:

Marin County Flood Control District Zone No. 1 Special Tax

Novato Watershed and Flood Protection.     YES To reduce flooding, improve water quali-

ty, restore fish and wildlife habitat, and        NO adapt to sea level rise, shall a special par-

cel tax be levied within Zone No. 1 for 18 years based on land use and parcel size, including $47 per single-family home, raising approximately $1,100,000 annu­ally, with annual audits, low income senior exemptions, and funds to be spent only on projects in the Novato area?

BE IT FURTHER RESOLVED that the special tax is for the specific purposes of providing increased flood pro­tection for Marin County Flood Control Zone No. 1 by reducing community and roadway flooding; restoring creek and marsh habitat for fish and wildlife; adapting to sea-level rise; and evaluating and implementing measures to increase the scouring of sediment in lower Novato Creek to improve the conveyance of flood waters to the bay.

BE IT FURTHER RESOLVED that the watershed and technical advisory committees created through the Novato Watershed Program will remain as an advisory group on this special tax.

BE IT FURTHER RESOLVED that to the maxi­mum extent possible the Novato Watershed Program and Flood Control Zone No.1 will leverage local, State and Federal grants.

BE IT FURTHER RESOLVED that the proceeds for the special tax be applied only to the specific purposes stated above and subject to CEQA requirements prior to their implementation.

BE IT FURTHER RESOLVED that should the elec­torate approve the special tax, the proceeds shall be placed in a special fund to be used solely for the purposes stated above.

BE IT FURTHER RESOLVED that should the elec­torate approve the special tax, the Flood Control Zone No. 1 could issue bonds consistent with Water Code Section 68.5.

BE IT FURTHER RESOLVED that the Marin County Auditor as chief fiscal officer, pursuant to Water Code Section 68-7, is hereby directed to prepare an annual report pursuant to Government Code Section 50075.3. The chief fiscal officer shall receive actual necessary expenses in the performance of official duties performed pursuant to this resolution payable from the funds of the Marin County Flood Control and Water Conservation District.

BE IT FURTHER RESOLVED that this Board of Supervisors of the Marin County Flood Control and Water Conservation District hereby calls and orders a Local District Election to be held on November 7, 2017 for the purpose of voting on a ballot measure to approve the spe­cial tax.

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BE IT FURTHER RESOLVED that pursuant to the provisions of Elections Code Section 10002, the Board of Supervisors of the Marin County Flood Control and Water Conservation District hereby requests that the Registrar of Voters render all services necessary for the conduct of the election, which include the following matters: coordina­tion of election precincts, polling places, voting booths, voting systems and election officers; printing and mailing of voter pamphlets; preparation of tabulation of result of votes cast. The cost of the ballot election is hereby requested to be borne by the County of Marin through the Countywide Watershed Project.

BE IT FURTHER RESOLVED that to the extent applicable, under Elections Code Section 10418, all pro­ceedings related to, connected with, and incidental to the election shall be regulated and performed in accordance with the provisions of law regulating a statewide election.

BE IT FURTHER RESOLVED that the proclama­tion or notice of the election shall provide that Article 3 of Chapter 2 of Division 9 of the Elections Code (Section 9160 et seq.) relating to arguments concerning County measures applies and County Counsel is directed to pre­pare an impartial analysis.

BE IT FURTHER RESOLVED that the special tax shall be deemed established and shall be in effect begin­ning with the 2018/19 fiscal year upon certification of the election results evidencing approval by at least two-thirds of the registered voters voting thereon. The special tax shall be null and void as of twelve o’clock midnight, June 30, 2036, and shall have no force and effect whatsoever after said time and date.

BE IT FURTHER RESOLVED that if any provision of this resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or uncon­stitutionality shall not affect any other provisions or appli-cations, and to this end the provisions of this resolution are declared to be severable. The Board of Supervisors of the Marin County Flood Control and Water Conservation District and the electorate, should it approve the special tax, do hereby declare that they would have adopted and approved this resolution and the special tax and each sec­tion, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sec­tions, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional.

BE IT FURTHER RESOLVED that pursuant to Government Code Section 50077.5 and Code of Civil Procedure Section 860, any judicial action or proceeding to attack, review, set aside, or annul this special tax, if approved by the voters, shall be commenced within 60 days of the effective date of this resolution.

APPROVED AND ADOPTED at a regular meeting of the Board of Supervisors of the Marin County Flood Control and Water Conservation District held on the 1st day of August, 2017, by the following vote:

AYES:       SUPERVISORS: Dennis Rodoni, Katie Rice,

Damon Connolly,

Kathrin Sears, Judy Arnold

NOES: NONE

ABSENT: NONE

s/JUDY ARNOLD

President, Board of Supervisors

Marin County Flood Control

and Water Conservation District

ATTEST:

s/MATTHEW HYMEL

Clerk

Exhibit A

Parcel Tax Rates

Parcel Tax Rates are assigned to each Land Use Clas si -

fication as follows:

1. Farm, Ag & Unimproved. $30 per parcel annually

2. Single Family Residential. $47 per parcel annually

3. Multi-Family Residential. Based on parcel size as fol-

lows:

0.00 acres < parcel size < 0.25 acres $47 per parcel

annually

0.25 acres

annually

1.00 acres

annually

10.00 acres

cel annually

100.00 acres

4. Commercial/Industrial. Based on parcel size as follows: 0.00 acres < parcel size < 0.25 acres $67 per parcel annually

0.25 acres

1.00 acres

10.00 acres

100.00 acres

5. Non-Taxed. $0 per parcel annually