Resolution No. 2013-008RESOLUTION NO. 2013-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON SUPPORTING THE LOS ANGELES COUNTY BOARD OF
SUPERVISORS, AS PROPOSED BY THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT IN SETTING A PROPERTY OWNER
ELECTION ON THE LOS ANGELES COUNTY CLEAN WATER,
CLEAN BEACHES MEASURE
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, the City is, an environmental steward, supporting
local and regional efforts to improve the environment, including
programs to improve the quality of stormwater and urban runoff_; and
WHEREAS, since the advent of the Clean Water Act in 1972,
significant progress has been made in cleaning up rivers, streams,
lakes, and other water bodies by removing pollutants traced to
specific, discrete sources, nevertheless, every City within the Los
Angeles County Flood Control District ("District") and the County of
Los Angeles ("County") on behalf of the unincorporated areas
(collectively referred to as "Municipalities") still face critical and
costly challenges created by contaminated stormwater and urban runoff;
and
WHEREAS, water bodies 'within the District containing
pollutants at levels above established public health standards are
listed as impaired under Section 303(d) of the Clean Water Act; and
WHEREAS, the State Water Resources Control Board, through
its Regional Water Quality Control Boards ("Regional Board"), is
responsible for enforcing the Clean Water Act; and
WHEREAS, all of the Municipalities in Los Angeles County and
the District each must obtain a National Pollutant Discharge
Elimination System ("NPDES") stormwater discharge permit from the Los
Angeles Regional Board; and
WHEREAS, Municipalities are regulated pursuant to what are
known as Total Maximum Daily Loads ("TMDLs") which are to be developed
under the Clean Water Act; and
WHEREAS, the costs to Municipalities of developing,
constructing, operating and maintaining projects and programs needed
to achieve compliance with the Clean Water Act, NPDES Permits, and the
TMDL Program is projected to total over $43.7 to $283.9 billion by the
University of Southern California over the next 20 years., or hundreds
of millions of dollars annually; and it is estimated that the 26
Gateway Cities will need to invest over $3.57 billion in the next 20
years in implementing the TMDL program requirements; and
WHEREAS, our community and many other Municipalities in Los
Angeles County currently do not have sufficient funding available to
implement necessary and desirable water quality improvement projects
and programs without taking funds away from other vital public
services such as public safety, street maintenance, parks and
libraries; and
WHEREAS, our community and many other Municipalities do not
have access to a stable, long-term dedicated funding source that can
provide a revenue stream to fund public investment in various desired
water quality improvements for the duration that the need for these
services is expected to exist; and
WHEREAS, the District, Municipalities, and other
stakeholders collaborated with the American Society of Civil Engineers
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in the Los Angeles County Regional Watershed Infrastructure Funding
Workgroup to identify options for a regional, sustainable long-term
funding source to decrease Municipalities' reliance on General Funds
to comply with the NPDES Permit and TMDL Programs; and
WHEREAS, the District, our community and other stakeholders
worked extensively in the 2009 Legislative Session on. AB 2554
(Brownley), special legislation that amended the Los Angeles County
Flood Control Act to authorize the District to impose a property
related fee to provide a regional, sustainable long-term funding
source for stormwater and urban runoff cleanup programs, subject to
the voter approval and other requirements of California Constitution,
Article XIIID (also known as Proposition 218); and
WHEREAS, the District has worked collaboratively with the
Municipalities and other stakeholders to draft an enabling ordinance,
known as the Clean Water, Clean Beaches Measure, which would govern
the administration of the fees, including the return and use of 40
percent of fees collected in our community for local programs, 50
percent of the fees collected in our community for regional,
watershed -based programs, with the remaining 10 percent of the fees
allocated to the District for administration, monitoring, public
education, and other programs, which ordinance would become effective
if and when the fee is approved by the voters.; and
WHEREAS, the Clean Water fee imposed on each parcel will be
calculated based upon the size of the parcel, the impervious areas as
determined by the parcels_land use, and the total cost of the
improvements to be financed with the fee, and the fee imposed upon the
average single-family home is estimated at $54 annually; and
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WHEREAS, an affirmative vote of the District's Board of
Supervisors ("Board of Supervisors") will be required to set the
election for a property owner's vote on the Clean Water, Clean
Beaches Measure," which if subsequently approved by the voters would
provide sustained funding for water quality projects and programs.
WHEREAS, by memorandum dated December 1.7, 2012, the Director
of Community Services & Water has recommended that the City support
Los Angeles County Board of Supervisors in setting a property owner
election on the Los Angeles County Clean Water, Clean Beaches Measure,
which proposes a new parcel fee for funding to clean up water bodies
throughout the County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
states its support of the Clean Water, Clean Beaches Measure, a
District -wide collaborative effort to develop a stable, dedicated,
long-term funding source through a property owner vote on a proposed
water quality fee that would be imposed upon parcels located within
the District to assist in paying for water quality improvement
projects and programs.
SECTION 3: The City Council of the City of Vernon supports
the Board of Supervisors in authorizing the District to conduct a
property owner vote on a proposed Clean Water Fee to fund the Los
Angeles County Clean Water, Clean Beaches Measure.
SECTION 4: The City Council of the City of Vernon supports
the proposed implementation Ordinance developed through an extensive,
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collaborative effort of the District, Municipalities, -the
environmental community, and other stakeholders to codify the
governance, administration, and use of the Clean Water Fee, if
approved by voters.
. SECTION 5: The City Council of the City of Vernon affirms
the intent of the Clean Water, Clean Beaches Measure is to provide
funding for Municipalities, Watershed Authority Groups, and the
District to initiate, plan, design, construct, implement, operate,
maintain, and sustain water quality improvement projects and programs
based on effective best management practices.
SECTION 6: That if the District's property owners approve
of the Clean Water, Clean Beaches Measure, the City of Vernon supports
the formation of Watershed Authority Groups (WAGS) consisting of all
the Municipalities within each of the nine watersheds-Ballona Creek,
Dominguez Channel, Upper Los Angeles River, Lower Los Angeles River,
Rio Hondo River, Upper San Gabriel River, Lower San Gabriel River,
Santa Clara River, and Santa Monica Bay -each of which will be
responsible for developing Water Quality Improvement plans and
carrying out regional projects and programs to reduce pollution loads
to the impaired waters in each of the nine watersheds.
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SECTION 7: The. Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this
resolution, and the Interim City Clerk of the City of Vernon shall
cause this resolution and the Interim City Clerk's certification to be
entered in the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 8th day of January, 2013.
Name: William J. Davis
Title: Mayor
AT.TBST
Reed, Interim City Clerk
6
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2013-08,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a special meeting of the City Council duly held on
Tuesday, January 8, 2013, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this day of January, 2013, at Vernon, California.
,l
DaV Reed, Interim City Clerk
(SEAL)
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 10, 2013
TO: Kevin Wilson, Director of Community Services & Water
FROM: Deborah Juarez, Records Management Assistant
RE: Resolution No. 2013-08 — A Resolution of the City Council of the City of Vernon
Supporting the Los Angeles County Board of Supervisors, as Proposed by the Los Angeles
County Flood Control District in Setting a Property Owner Election on the Los Angeles
County Clean Water, Clean Beaches Measure
Please find attached for your transmittal a copy of Resolution No. 2013-08 referenced above, which was
approved by City Council on January 8, 2013.
Please ensure that a copy of the correspondence transmitting the resolution to the County of Los Angeles is
sent to my attention for the file.
Thank you.
c: Claudia Arellano
Resolution No. 2013-08
RECEIVED
RIT CEIVED
DEC 2 A 2012
DEC 2 6 2012 1W crrY aDIOiNisTRariow
CITY CLERK'S OFFICE STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: December 17, 2012 Revised December 19, 2012
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: LOS ANGELES COUNTY CLEAN WATER, CLEAN BEACHES MEASURE
(aka WATER QUALITY FUNDING INITIATIVE)
Recommendation
It is recommended the City Council find that this action is exempt under the California
Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment.
It is further recommended that the City Council support the Los Angeles County's Clean Water, Clean
Beaches Measure.
Background
On October 2, 2012 I provided a Staff Report and presentation to the City Council regarding the
National Pollutant Discharge Elimination System (NPDES) Waste Discharge Requirements for Municipal
Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except
Those Discharges Originating from the City of Long Beach MS4. The Staff Report included information
regarding the County of Los Angeles Flood Control District's (District) proposed Clean Water, Clean Beaches
Measure (Measure) (aka Water Quality Funding Initiative).
The purpose and intent of the fee is to provide Los Angeles County municipalities an on -going stable
funding source through a parcel -related fee to pay the costs and expenses of carrying out projects and providing
services to improve water quality and reduce pollution in storm water and urban runoff.
Assembly Bill 2554 was signed by Governor Schwarzenegger on September 30, 2010 and gave the
District authority to charge a water quality fee on parcels within its territory in compliance with Article XIIID of
the California Constitution. The fee must be a parcel -related fee and it creates nine (9) regional Watershed Area
Groups (WAGs)
1) Ballona Creek
2) Dominguez Channel
3) Upper Los Angeles River
4) Lower Los Angeles River
5) Rio Hondo
6)
Upper San Gabriel
7)
Lower San Gabriel
8)
Santa Clara River
9)
Santa Monica Bay
The City of Vernon drains into the Los Angeles River and would be part of the Upper and Lower Los
Angeles River WAGs. The revenue allocation formula is a 50/40/10 split. The funding would be allocated as
follows: fifty percent (50%) to the nine WAGs; forty percent (40%) to Municipalities (including
unincorporated County areas), and; 10% to the District for administration, regional planning and technical
assistance.
The District has estimated an annual budget of $296,730,000 to manage this parcel -related fee. Reports
commissioned by the District and other agencies place the estimated cost of fully meeting the storm water
pollution challenge at over a billion dollars a year. While the District understands that a tremendous funding
gap will remain, they are of the opinion that the proposed fee is the maximum that the voters will approve. The
funds will be used to assist the communities with the start of projects to clean up waterways now and ensure
long-term funding for operations and maintenance of these projects.
The District developed the attached draft ordinance. An Engineer's Report was recently finalized by
the District which provides details as to the rate and method of apportionment. In essence, every parcel's fee
will be determined by the parcel's calculated impervious area. In Vernon's case the primary land use is
industrial which is allocated up to 91% of impervious area. The currently proposed annual fee is $0.026185 per
square foot of impervious area. The impervious area for a single-family residential property of 5,000 square feet
in lot size is allocated an impervious percentage of 42% which totals 2,100 square feet of impervious area. This
single-family residential property is looking at an annual fee of $54.
Commercial and industrial parcels, which typically have much more impervious area, will be assessed
larger amounts. The first 10 acres of an industrial manufacturing use would be charged at the established rate
for the land use. For example a standard industrial private parcel in the City of Vernon is approximately 75,000
square foot, covered with a 40,000 square foot building and 35,000 square feet of parking. This parcel would be
assessed at a lot size range of 0 to 435,600 square feet with an adjusted impervious percentage of 91%
multiplied by the rate of .0261850 per square foot. The annual water quality fee for this type of use would be
$10,3 79. The assessment formula contains tiers so that the next 10 acres is charged at a lower percentage of
impervious area. Each subsequent 10 acres would be charged at a reduced percentage of impervious area.
. Government parcels are required to pay the fee because they contribute water runoff and use the water
quality services that will be funded by the fee. If government parcels were excluded, this would cause other
property owners to pay for more than their proportional share of the services being funded, which would violate
Proposition 218 per Article XIII Section 4 (a) of the California Constitution (copy attached).
. Over the years, as costs for complying with storm water regulations have continued to increase,
Municipalities have pursued a concerted effort to find a sustainable funding source. Many Municipalities have
relied on their General Funds, but that is increasingly at the expense of other vital public services, including
police and fire. With additional TMDLs required, costs could be hundreds of millions of dollars annually for
Los Angeles region Municipalities. However, a convergence of legal and regulatory constraints has severely
limited the available funding options.
Notices were mailed to property owners (sample attached) and possessory interest tax payers showing
the proposed Clean Water Fee for each parcel. The notice also includes information on the Los Angeles County
Board of Supervisors' public/protest hearing taking place on January 15, 2013 for this Measure. At this time,
the City Council will need to decide to either support or protest the Los Angeles County's proposed Clean
Water, Clean Beaches Measure.
If the City Council wishes to support the Measure, the City does not have to take any action. If the City
Council wishes to protest the Measure, the City will need to submit a Protest Form for each City -owned
property or submit a letter to the Executive Officer of the Los Angeles County Board of Supervisors listing all
the Assessor's Parcel Numbers, parcel addresses, and signed by the City's authorized representative no later
than January 15, 2013 at the time of the public/protest hearing.
In order for this Measure not to move forward with a return -by -mail ballot the Los Angeles County
Board of Supervisors will have to receive at least 1.1 million protest forms/letters (since there are approximately
2.2 million parcels in Los Angeles County) by January 15, 2013 at the time of the public/protest hearing.
Should the Los Angeles County Board of Supervisors not receive at least the 1.1 million protest forms/letters
the Los Angeles County Board of Supervisors may vote to proceed with the election and a mail ballot
vote would be held. All property owners would receive a ballot in the mail, asked to vote on the fee and
send back the ballot. Property owners do not need to be registered voters to participate. Voters are asked
to sign their ballots to verify they are authorized to cast a vote on behalf of the property. The Measure
will require a majority approval of those voting to be implemented.
Fiscal Impact
The City has several facilities, including City Hall, the City Yard, the fire stations, the Power Plant, and
several other facilities which would be assessed the water quality fee. The County has estimated that the City's
water quality fee would be approximately $35,000 annually. The ordinance requires the recalculation of the fee
annually to account for any changes in City facilities.
The proposed fee would be paid by the property owners and possessory interest taxpayers. The ballot
measure is tentatively scheduled for a special election in May 2013 and if approved the fee would be assessed in
the property tax bill for fiscal year 2013/2014. The City is slated to receive approximately $1 million annually
to be spent on storm water related projects. The total net income to the City would be approximately $965,000.
SKW/ca
Enclosures
c: Health Department
Page 1 of 4
CALIFORNIA CONSTITUTION
ARTICLE 13D (ASSESSMENT AND PROPERTY -RELATED FEE REFORM)
SECTION 1. Application. Notwithstanding any other provision of
law, the provisions of this article shall apply to all assessments,
fees and charges, whether imposed pursuant to state statute or local
government charter authority. Nothing in this article or Article
XIIIC shall be construed to:
(a) Provide any new authority to any agency to impose a tax,
assessment, fee, or charge.
(b) Affect existing laws relating to the imposition of fees or
charges as a condition of property development.
(c) Affect existing laws relating to the imposition of timber
yield taxes.
CALIFORNIA CONSTITUTION
ARTICLE 13D (ASSESSMENT AND PROPERTY -RELATED FEE REFORM)
SEC. 2. Definitions. As used in this article:
(a) "Agency" means any local government as defined in subdivision
(b) of Section 1 of Article XIIIC.
(b) "Assessment" means any levy or charge upon real property by an
agency for a special benefit conferred upon the real property. ,
"Assessment" includes, but is not limited to, "special assessment,"
"benefit assessment," "maintenance assessment" and "special
assessment tax."
(c) "Capital cost" means the cost of acquisition, installation,
construction, reconstruction, or replacement of a permanent public
improvement by an agency.
(d) "District" means an area determined by an agency to contain
all parcels which will receive a special benefit from a proposed
public improvement or property -related service.
(e) "Fee" or "charge" means any levy other than an ad valorem tax,
a special tax, or an assessment, imposed by an agency upon a parcel
or upon a person as an incident of property ownership, including -a
user fee or charge for a property related service.
(f) "Maintenance and operation expenses" means the cost of rent,
repair, replacement, rehabilitation, fuel, power, electrical current,
care, and supervision necessary to properly operate and maintain a
permanent public improvement.
(g) "Property ownership" shall be deemed to include tenancies of
real property where tenants are directly liable to pay the
assessment, fee, or charge in question.
(h) "Property -related service" means a public service having a
direct relationship to property ownership,
(i) "Special benefit" means a particular and distinct benefit over
and above general benefits conferred on real property located in the
district or to the public at large. General enhancement of property
value does not constitute "special benefit."
CALIFORNIA CONSTITUTION
ARTICLE 13D (ASSESSMENT AND PROPERTY -RELATED FEE REFORM)
SEC. 3. Property Taxes, Assessments, Fees and Charges Limited. (a)
No tax, assessment, fee, or charge shall be assessed by any agency
upon any parcel of property or upon any person as an incident of.
property ownership except:
http://www.leginfo.ca.gov/.const/.article-13D 11 /26/2012
Page of 4
(1) The ad valorem property tax imposed pursuant to Article XIII
and Article XIIIA.
(2) Any special tax receiving a two-thirds vote pursuant to
Section 4 of Article XIIIA.
(3) Assessments as provided by this article.
(4) Fees or charges for property.related services as provided by
this article.
(b) For purposes of this article, fees for the provision of
electrical or gas service shall not be deemed charges or fees imposed
as an incident of property ownership.
CALIFORNIA CONSTITUTION"
ARTICLE 13D (ASSESSMENT AND PRCrOk*fT-RELATEIY �ik REFORM)
SEC. 4. Procedures and Requirements for All Assessments. (a) An
agency which proposes to levy an assessment shall identify all
parcels which will have a special benefit conferred upon them and
upon which an assessment will be imposed. The proportionate special
benefit derived by each identified parcel shall be determined in
relationship to the entirety of the capital cost of a public
improvement, the maintenance and operation expenses, of a public
improvement, or the cost of the property related service being
provided. No assessment shall be imposed on.any parcel which exceeds
the reasonable cost of the proportional special benefit conferred on
that parcel. only special benefits are assessable, and an agency
shall separate the general benefits from the special benefits
conferred on a parcel. Parcels within a district that are owned or
used by any agency,_ the State of California or the United States
shall not be exempt from assessment unless the agency can demonstrate
by_clear and convincing evidence that those publicly owned parcels
in fact receive no special benefit.
(b) All assessments shall be supported by a detailed engineer's
report prepared by.a registered professional engineer certified by
the State of California.
(c) The amount of the proposed assessment for each identified
parcel shall be calculated and the record owner of each parcel.shall
be given written notice by mail of the proposed assessment, the total
amount thereof chargeable to the entire district, the amount
chargeable to the owner's particular parcel, the duration of the
payments, the reason for the assessment and the basis upon which the
amount of the proposed assessment was calculated, together with the
date, time, and location of a public hearing on the proposed
assessment. Each notice shall also include,_ in a conspicuous place
thereon, a summary of the procedures applicable to the completion,
return, and tabulation of the ballots required pursuant to
subdivision (d), including a disclosure statement that the existence
of a majority protest, as defined in subdivision (e), will result in
the assessment not being imposed.
(d) Each notice mailed to owners of identified parcels within the
district pursuant to subdivision (c) shall contain a ballot which
includes the agency's address for receipt of the ballot once
completed by any owner receiving the notice whereby the owner may
indicate his or her name, reasonable identification of the parcel,
and his or her support or opposition to the proposed assessment.
(e) The agency shall conduct a public hearing upon the proposed
assessment not less than 45 days after mailing the notice of the
proposed assessment to record owners of each identified parcel. At
the public hearing, the agency shall consider all protests against
the proposed assessment and tabulate the ballots. The agency shall
not impose an assessment if there is a majority protest. A majority
protest exists if, upon the conclusion of the hearing, ballots
http://www.leginfo.ca.gov/.const/.article_13D 11/26/2012
Page 3 of 4
submitted in opposition to the assessment exceed the ballots
submitted in favor of the assessment. In tabulating the ballots, the
ballots shall be weighted according to the proportional financial
obligation of the affected property.
(f) In any legal action contesting the validity of any assessment,
the burden shall be on the agency to demonstrate that the property
or properties in question receive a special benefit over and above
the benefits conferred on the public at large and that the amount of
any contested assessment is proportional to, and no greater than, the
benefits conferred on the property or properties in question.
(g) Because only special benefits are assessable, electors
residing within the district who do not own property within the
district shall not be deemed under this Constitution to have been
deprived of the right to vote for any assessment. If a court
determines that the Constitution of the United States or other
federal law requires otherwise, the assessment shall not be imposed
unless approved by a two-thirds vote of the electorate in the
district in addition to being approved by the property owners as
required by subdivision (e).
CALIFORNIA CONSTITUTION
ARTICLE 13D (ASSESSMENT AND PROPERTY -RELATED FEE REFORM)
SEC. 5. Effective Date. Pursuant to subdivision (a) of Section 10
of Article II, the provisions of this article shall become effective
the day after the election unless otherwise provided. Beginning July
1, 1997, all existing, new, or increased assessments shall comply
with this article. Notwithstanding -the foregoing, the following
assessments existing on the effective date of this article shall be
exempt from the procedures and approval process set forth in Section
4:
(a) Any assessment imposed exclusively to finance the capital
costs or maintenance and operation expenses for sidewalks, streets,
sewers, water, flood control, drainage systems or vector control.
Subsequent increases in such assessments shall be subject to the
procedures and approval process set forth in Section 4.
(b) Any assessment imposed pursuant to a petition signed by the
persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed. Subsequent increases in
such assessments shall be subject to the procedured and approval
process set forth in Section 4.
(c) Any assessment the proceeds of which are exclusively used to
repay bonded indebtedness of which the failure to pay would violate
the Contract Impairment Clause of the Constitution of the United
States. -
(d) Any assessment which previously received majority voter
approval from the voters voting in an election on the issue of the
assessment. Subsequent increases in those assessments shall be
subject to the procedures and approval process set forth in Section
4.
CALIFORNIA CONSTITUTION
ARTICLE 13D (ASSESSMENT AND PROPERTY -RELATED FEE REFORM)
SEC. 6. Property Related Fees and Charges. (a) Procedures for New
or Increased Fees and Charges. An agency shall follow the procedures
pursuant to this section in imposing or increasing any fee or charge
as defined pursuant to this article, including, but not limited to,
http://www.leginfo.ca.gov/.const/.article_13D 11/26/2012
Page of, 4
the following:
(1) The parcels upon which a fee or charge is proposed for
imposition shall be identified. The amount of the fee or charge
proposed to be imposed upon each parcel shall be calculated. The
agency shall provide written notice by mail of the proposed fee or
charge to the record owner of each identified parcel upon which the,
fee or charge is proposed for imposition, the amount of the fee or
charge proposed to be imposed upon each, the basis upon which the
amount of the proposed fee or charge was calculated, the reason for
the fee or charge, together with the date, time, and location of a
public hearing on the proposed fee or charge.
. (2) The agency shall conduct a public hearing upon the proposed
fee or charge not less than 45 days after mailing the notice of the
proposed fee or charge to the record owners of each identified parcel
upon which the fee or charge is proposed for imposition. At the
public hearing, the agency shall consider all protests against the
proposed fee or charge. If written protests Against the proposed fee
or charge are presented by a majority of owners of the identified
parcels, the agency shall not impose the fee or charge.
(b) Requirements for Existing, New or Increased Fees and Charges.
A fee or charge shall not be extended, imposed, or increased by any
agency unless it meets all of the following requirements:
(1) Revenues derived from the fee or charge shall not exceed the
funds required to provide the property related service.
(2) Revenues derived from the fee or charge shall not be used for
any purpose other than that for which the•fee or charge was imposed.
(3),The amount of a fee or charge imposed upon any parcel or
person as an incident of property ownership shall not exceed the
proportional cost of the service attributable to the parcel.
(4) No fee or charge may be imposed for a service unless that
service is actually used by, or immediately available to, the owner
of the property in question. Fees or charges based on potential or
future use of a service are not permitted. Standby charges, whether
characterized as charges or assessments, shall be classified as
assessments and shall not be imposed without compliance with section
4.
(5) No fee or charge may be imposed for general governmental
services including, but not limited to, police, fire, ambulance or
library services, where the service is available to the public at
large in substantially the same manner as it is to property owners.
Reliance by an agency on any parcel map, including, but not limited
to, an assessor's parcel map, may be considered a significant factor
in determining whether a fee or charge is imposed as an incident of
property ownership for purposes of this article. In any legal action
contesting the validity of a fee or charge, the burden shall be on
the agency to demonstrate compliance with this article.
(c) Voter Approval for New or Increased Fees and Charges. Except
for fees or charges for sewer, water, and refuse collection services,
no property related fee or charge shall be imposed or increased
unless and until that fee or charge is submitted and approved by a
majority vote of the property owners of the property subject to the
fee or charge or, at the option of the agency, by a two-thirds vote
of the electorate residing in the affected area. The election shall
be conducted not less than 45 days after the public hearing. An
agency may adopt procedures similar to those for increases in
assessments in the conduct of elections under this subdivision.
(d) Beginning July 1, 1997, all fees or charges shall comply with
this section.
http://www.leginfo.ca.gov/.const/.article-13D 11/26/2012
The Los Angeles County Flood Control District is
proposing to adopt a Clean Water, Clean Beaches
Measure, which would establish an annual fee to
pay for clean water programs. The proposed clean
water fee would be imposed upon property owners
within the Los Angeles County Flood Control District,
which includes most of Los Angeles County (with
the exception of portions of the Antelope Valley), for
the purpose of improving water quality and reducing
pollution from stormwater and urban runoff.
Stormwater and urban runoff flush bacteria, trash and
other pollutants into gutters in streets and into storm
drains and from there into lakes, rivers and the ocean
and onto beaches. Waterways throughout Los Angeles
County have been found to be polluted above acceptable
levels under the federal Clean Water Act and other
state and federal laws.
Y
LOS ANGELES
�f
The proposed clean water fee would provide dedicated
funding for local and regional projects and programs to
help keep pollution out of stormwater and runoff, clean up
pollution that flows into our waterways, and use stormwater
and runoff to recharge groundwater supplies, which are
an important source of drinking water. The fee could also be
combined with other funding such as state and federal
grants for multibenefit projects that improve water quality
and provide other public benefits as well.
(Continued on next page)
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Los Angeles County
clean water, clean beaches measure
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The Problem
CLEANER CREEKS
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On a typical rainy day, billions of gallons of untreated stormwater
flow directly into rivers, creeks, lakes, the bay; and coastal waters.
These polluted waters can contain toxic and other substances
that affect our health and the health of fish and marine life.
These pollutants can include:
• Industrial solvents, paints and chemicals
• Toxic metals, such as lead, mercury, chromium and arsenic
• Infection -causing bacteria and viruses
• Pesticides and fertilizers
• Trash, including plastics, cigarette butts, candy wrappers
and syringes
The polluted runoff that flows into the waterways can cause
a variety of problems. For example, high bacteria levels in
the waterways can indicate a health risk to swimmers and
sometimes result in beach closures. Trash in the waterways
and polluted runoff can also be toxic to aquatic life.
www.LACountyCleanWater.org
Solutions
Fee revenues collected in the Lower Los Angeles River
Watershed would be used by cities, the County of Los Angeles,
and an established watershed authority group for projects in -
the Lower Los Angeles River Watershed that would help
protect public health by keeping toxic chemicals, harmful
bacteria, and trash out of waterways such as the Los Angeles
River, including projects to increase local groundwater
supplies, which are an important source of drinking water.
The proposed fee would be used for projects that could
generate thousands of local jobs in construction, engineering,
landscaping, environmental work and other trades. Bylaw,
fees collected within the Lower Los Angeles River Watershed
will be used for projects and programs to improve water
quality within that watershed. Fees collected in the other
watersheds will be used for water quality projects and
programs within those watersheds.
The measure does not earmark funds for specific projects and
programs, but establishes criteria for the use of the funds and
allows local jurisdictions to determine how best to use those
funds to achieve water quality benefits.
Over time, the projects that the fee pays for will significantly
reduce the degradation of waterways in Los Angeles County and
improve the quality of the water in those waterways.
The projects and programs that could be funded with the
fee include:
• Installation and maintenance of catch basin screens and
treatment devices to reduce trash, chemicals and other
harmful substances in stormwater and urban runoff;
• Street sweeping tokeep trash out of storm drains; _
• Diversion of stormwater and urban runoff before
it pollutes lakes, rivers, and the ocean; this water is
held, filtered and cleansed (both naturally and using
manmade filters) in groundwater basins, and used
to recharge underground drinking water sources;
• Programs to educate children and adults about keeping
trash and other pollutants out of streets and storm drains
and about reducing water runoff from their properties.
Multibenefit projects can combine fee revenues with other
funding sources to improve water quality and provide other
benefits to the public, such as:
• Increase local drinking water supplies;
• Provide recreational areas such as parks and ball fields;
• Protect open space and natural areas;
• Irrigate neighborhood parks, ball fields and school grounds,-
• Create, restore and improve wetlands and habitat; and
• Protect public health and safety.
Notice to Property Owners of Public Hearing on
Proposed Clean Water, Clean Beaches Measure
Proposed Fee
A clean water fee is proposed that would generate over $200 million
annually in dedicated funding for reducing pollution from
stormwater and urban runoff in Los Angeles County waterways.
The proposed fee would be paid by property owners within the
Los Angeles County Flood Control District, which includes most
of the County, excluding portions of the Antelope Valley.
All properties generate runoff, and the more impervious surfaces
that a parcel has (such as buildings and pavement), the more
runoff it generates. The fee is determined by the average amount
of runoff that properties generate, based on parcel size (but not
property value) and land use classification; such as whether the
property is residential, commercial, industrial or undeveloped,
because this is an indication of the percentage of the parcel that
has impermeable surfaces.
The fee for your property is shown on the front page of this
brochure. An Engineer's Report explaining the fee calculations
for all properties can be found at: www.LACouutyCleanWater.org.
As required by law, 40 percent of the fee revenues collected will
be allocated to the city in which the properties are located, or
to the County of Los Angeles for the unincorporated areas, for
water quality improvement programs as determined by each city
or the County. Another 50 percent of the fee revenues collected
will be allocated to the watershed authority group established
for the watershed in which the properties are located for water
quality improvement programs in the watershed. The remaining
10 percent of the fee revenues must be used by the Los Angeles
County Flood Control District for water quality monitoring,
research, technical assistance and administration.
The fee will be collected every year with the property taxes and
will continue annuallyuntil terminated by the County of Los
Angeles Board of Supervisors. By law, fees cannot not be raised
without another public hearing and election.
Program Accountability
These funds could not be diverted or used for any other purpose.
All expenditures would be subject to independent annual audits,
and all project information would be available for public review.
In addition, an independent Oversight Board will ensure that the
funds are only used for projects that meet established criteria.
Public Hearing
The California Constitution requires that the proposed fee go
through a two-step approval process, which includes both a public
hearing and an election. As the governing body of the Los Angeles
County Flood Control District, the Board of Supervisors of the
County of Los Angeles will hold a public hearing on:
January 15, 2013 at 9:30 a.m.
Board of Supervisors Hearing Room
Kenneth Hahn Hall of Administration
500 West Temple Street, Los Angeles, CA 90012
Auxiliary aids and services for people with disabilities are
available with three business days notice by calling: 800-218-0018
or TDD, 626-282-7829.
At the public hearing, the Board of Supervisors will receive oral
and written testimony about the proposed clean water fee. Any
property owner may testify or file a written protest with the
Executive Officer of the Board of Supervisors at any time before
the end of the public hearing. A written protest must identify the
parcel address and assessor's parcel number, and must be signed
by the property owner or an authorized representative.
You may use the protest form included below or write a letter.
Mail to:
Or hand deliver to:
Executive Officer
Executive Officer
Board of Supervisors
Board of Supervisors
P.O. Box 866006
Kenneth Hahn Hall of
Los Angeles, CA 90086
Administration, Room 383
500 West Temple Street
Los Angeles, CA 90012
The Board of Supervisors may continue the hearing to a future
date. If the Board of Supervisors has not received written protests
against the proposed fee by a- majority of property owners before
the end of the public hearing, the Board of Supervisors may
authorize an election to approve the fee.
For more information, please:
Visit www.LACountyCleanWater.org
Or call 800-218-0018 (8am-5pm, M-Th)
Or email water.info@dpw.lacounty.gov
Para el Aviso o information en Espanol, por favor
visite www.LACountyCleanWatei•.org
o llame 1-626-458-6981
..................................... ................... ....... ............................................................................. I ................................. ...................
Protest Form LL3
Property owners or an authorized representative may complete this form or write a letter, and mail to the Executive
Officer of the Board of Supervisors, P.O. Box 866006,.Los Angeles, CA 90086 or hand deliver at the Kenneth Hahn Hall of
Administration, Room 383, 500 West Temple Street, Los Angeles, CA. To be counted as a protest, this form or your letter
must include the Assessor's Parcel Number and parcel address, be signed by the property owner or an authorized
representative and be delivered no later than the end of the public hearing. Only one protest per property will be
accepted and counted. (The barcode contains a parcel identifier.)
Assessor's Parcel Number: 6303-010-902
Q I protest the proposed clean water fee.
Parcel Address: N/A N/A
N/A CA N/A
Print name Sign name_
Clean Water, Clean Beaches Program
County of Los Angeles Flood Control District
PO Box 861809
Los Angeles, CA 90086
ELECTRONIC SERVICE REQUESTED
****************AUTO**5-DIGIT 90058
VERNON CITY
4305 S SANTA FE AVE
VERNON CA 90058-1714
ra••
Los Angeles County Clean Water, Clean Beaches Measure 13-051790
Official Notice to Property Owners of Public Hearing LL3
The Clean Water, Clean Beaches Measure would address water -related
challenges in Los Angeles County:
• Polluted water is flowing through Los Angeles area rivers and creeks and into lakes, the bay and coastal waters.
• The Los Angeles area needs more local sources of water to use for drinking water.
The Clean Water, Clean Beaches Measure would fund projects to reduce pollution in Los Angeles County
waterways, including projects that divert and cleanse stormwater and urban runoff to preserve and increase
supplies of groundwater that are usable as local sources of drinking water.
More Information:
www.LACountyCleanWater.org
1-800-218-0018
® Printed on paper containing a minimum of 30% post -consumer content.
ORDINANCE NO.
An ordinance adding Chapter 18 to the Los Angeles County Flood Control
District Code to impose, subject to voter approval, a fee upon parcels located within the
Los Angeles County Flood Control District to pay for projects relating to improving
surface water quality within. the district.
The Board of Supervisors of the County of Los Angeles,;ordains as follows:
Section 1. Chapter 18 is hereby added to the Los Angeles°County Flood
Control District Code to read as follows:
Chapter 18.
18.01 Short Title.
HOA.885385.5
"Municipal projects", -means water quality projects carried out by Municipalities
and financed in whole or in part with Water Quality Fee revenues allocated to the
Municipalities.
"Municipality" means a city or the collective unincorporated areas within the
boundaries of the District.
HOA.885385.5 2
"Parcel" means a parcel of real property situated within the established
boundaries of the District, as shown on the latest equalized assessment roll of the
County and identified by its Assessor's Parcel Number ("APN" ).
"Regional projects" means water quality projects of regional significance that are
carried out by Watershed Authority Groups and financed in whole or in part with Water
Quality Fee revenues, and that affect a combined tributary area exceeding one hundred
(100) acres of land, address pollutant loads from more than one Municipality, or are part
of a plan that treats an entire reach of a river or. subwatershed.
"Stormwater" means water that originates from atmospheric moisture (rainfall or
snowmelt) and falls onto land, water,,'nd/or other surfaces within the District.
"Surface water" means water that flows or.collects'on the surface of the ground.
"Treasurer" means the Treasurer and Tax- Collector of the County of
Los Angeles.
"Urban runoff` means surface water flow that may contain, but is not composed
entirely,of storhi. r, Such,' as, flow from residential, commercial, or industrial activities.
"Water quality benefit" means any activity that contributes to the improvement of
surface water quality.
"Water Quality Fee .means the fee imposed pursuant to this chapter to provide
funding for water quality projects.
"Water Quality Improvement Plan (WQIP)" means a plan prepared by a
Watershed Authority Group for the watershed area it represents and approved by the
Board of Supervisors, which identifies pollutants, establishes targets for improvement,
HOA.885385.5 3
and identifies and prioritizes regional projects for planning, design and implementation
within the ensuing five (5) years, in accordance with procedures and requirements set
forth in the Implementation Manual.
"Water quality project" means a project or program that includes a water quality
benefit:
"Watershed Area" means one of the nine (9) geographic "areas identified in
f8a O.,Purpose and -Intent.
This chapter is enacted pursuant to Section 2, subsection 8c, of the Los Angeles
County Flood Control Act (Chapter 755 of the Statutes of 1915 and subsequent
amendments). The purpose of this chapter is to implement the authority provided by
Assembly Bill 2554 (2010) to provide funding for Municipalities, Watershed Authority
Groups, and the District to initiate, plan, design, construct, implement, operate,
HOA.885385.5 4
maintain, and sustain projects and services to improve surface water quality and reduce
stormwater and urban runoff pollution in the District. It is also the intent of this chapter
to encourage the design of such projects to achieve multiple benefits and incorporate
.sustainable solutions, as provided in the Implementation Manual.
18.04 Water Quality Fee Imposed.
A. A Water Quality Fee will be imposed upon certain%;parcels within the
District in the manner set forth in this chapter. TheWater Quality Fee will be levied and
collected by the Treasurer and apportioned b
will make appropriations from the District's fu
disbursement of Water Quality Fee revenues
B. The Water Quality Fee will be c
based upon the parcel's°impervious area, wh
size and other specified characteristics of the
allocation of the cost'of the projects and sery
Water Quality 'Fee: The boundaries of the ar
Auditor. The Board ofSuoervisors
r that authorizes the
in accordance with Section 18.05.
parcel subject to the fee
I ill be determined based upon the lot
-el, to reflect the parcel's proportional
that are funded by revenues from the
and identification of the parcels, subject
to the fee and the method for calculating the Water Quality Fee for each parcel are
supported by, and set forthin, an engineer's report prepared of the direction of the
Chief Engineer and filed with the clerk of the Board of Supervisors. The Chief Engineer
will make the engineer's report available to any person upon request at no charge. The
maximum rate used for calculating the Water Quality Fee, as set forth in the engineer's
report, will remain the same from year to year, unless an increase is approved in
accordance with Article XIII D of the California Constitution.
HOA.885385.5 5
C. The Water Quality Fee will be collected for each fiscal year on the
property tax roll in the same manner and at the same time as the general taxes of the
County are collected, or through direct invoicing to parcel owners that do not receive a
consolidated property tax bill. The Auditor will provide each Watershed Authority Group
with an annual accounting of the total revenues collected from the Water Quality Fee in
its respective watershed area, including the revenues collected' in, each Municipality.
The Auditor will also provide an annual statement of the revenues collected from the
Water Quality Fee to each Municipality.
D. Insofar as feasible and not inconsistent with. this chapter, the times and
procedures regarding exemptions, dp dates, installment payments, corrections,
cancellations, refunds, late payments, penalties,- liens, and collections for secured roll
ad valorem property taxes uvilhbe applicable to.1he collection of the Water Quality Fee.
18.05 Allocation of Revenues from Imposition of the Water Quality Fee.
The revenues' from the Water Qualitv Fee°.shall be allocated and used. subiect to
the terms and conditions of this chapter, as follows:
-A. Ten percent,(1006) shall be allocated to the District to be used for
implementation and administration of water quality projects, as determined by the
District, including..activities'such as planning, water quality monitoring, and any other
related activities, and for payment of the costs incurred in connection with the levy and
collection of the Water Quality Fee and distribution of the funds generated by imposition
of the Water Quality Fee, and any other related activities associated with administering
this chapter.
HOA.885385.5 6
B. Forty percent (40%) shall be allocated to the Municipalities, in the same
proportion as the amount of the Water Quality Fee collected within each Municipality, to
be expended by the Municipalities within the Municipalities' respective jurisdictions for
eligible municipal projects. Any Municipality may assign some or all of its allocation of
the Water Quality Fee to the Watershed Authority Group for anywatershed area(s) in
which the Municipality is located for funding regional projects Llocated in whole or in part
within the jurisdiction of the Municipality.
C. Fifty percent (50%) shall be allocated to the nine (9) Watershed Authority
Groups established in accordance with Sectio
same proportion as the
amount of the Water Quality Fee collected within the -watershed area of each
Watershed Authority Group, to be expended:'by;the Watershed Authority Groups to
prepare WQIPs and carry out regional projects within thatmatershed area through a
collaborative process:as providetl inn the Implementation Manual. The implementation of
a WQIP by a Watershed Authority Group requires the consent of any Municipality
member of the Wate.rshed.i4uthority Group whose jurisdiction comprises more than forty
percent(40%) of the total land area in the applicable watershed area.
Agreements for Transfer of Proceeds of the Water Quality Fee.
Prior to its -receipt of any Water Quality Fee revenues, a Municipality or
Watershed Authority Group must enter into an agreement with the District to provide for
the transfer and use of the revenues as provided in this chapter. The transfer of
proceeds agreement is designed to carry out the requirements of this chapter, the
Implementation Manual and other laws governing the Water Quality Fee. A form
HOA.885385.5 7
agreement will be prepared by the District in collaboration with Municipalities and
Watershed Authority Groups and approved by the Board of Supervisors and will include:
A. Requirement for compliance with the terms of this chapter and the
Implementation Manual
B. Provisions as necessary to provide clarity and accountability in the use of
Water Quality Fee revenues.
C. Provision for indemnification of the Di
18.07 Required Water Quality P
A. All water quality projects funded
with the following criteria:
1. That the water quality prc
and sustain long-term water quality benefits..
2. T,hat the water quality prc
scientific and
ria.
this chapter are required to comply
available information.
3. Pursuant to the Los Angeles County Flood Control Act, that only
the costs of the water'quality benefit(s) provided by a water quality project are funded
with revenues from the Water Quality Fee. Other costs of water quality projects are not
eligible to be funded with revenues from the Water Quality Fee except insofar as these
costs are incidental,to"a"water quality benefit provided by the project.
B. All regional projects funded under this chapter are required to be included
in an approved WQIP that is prepared in accordance with the Implementation Manual.
HOA.885385.5 8
18.08 Implementation of this Chapter.
The Chief Engineer will develop an Implementation Manual setting forth goals,
policies, guidelines, procedures, standards, and requirements to implement this chapter,
subject to approval by the Board of Supervisors.
The Implementation Manual will include standards for: -determining eligibility of
water quality projects to be funded with Water Quality Fee revenues, as well as
requirements and procedures for preparation of WQIPs by Watershed Authority Groups
and evaluation procedures for selection of water quality projects by Watershed Authority
Groups, the evaluation procedures to be developed in,collaboration with Watershed
Authority Groups, Municipalities, and stakeholders; consistent with the provisions of this
chapter. The Implementation Manual Vill inelude,goals and policies for the planning
and selection of water quality projects by Municipalities, Watershed Authority Groups,
and the District, including policies and guidance to encourage and facilitate the design
of water quality projects to achieve multiple benefits and incorporate sustainable
solutions where feasible and appropriate.
The Implementation Manual,will also set forth procedures and requirements for
the following:
A. Audits, reporting and recordkeeping relating to expenditures of Water
Quality Fee revenues by Municipalities, Watershed Authority Groups, and the District.
B. Addressing misuse of Water Quality Fee revenues and other failures to
comply with the terms of this chapter or the Implementation Manual.
HOA.885385.5 9
C. Executing transfer agreements pursuant to Section 18.06 and addressing
the failure of any Municipality or Watershed Authority Group to sign a transfer
agreement.
D. Formation and governance of Watershed Authority Groups, including
requirements and procedures for an existing joint powers authority to serve as a
Watershed Authority Group(s).
E. Provisions for stakeholder involvement.
F. Matters relating to the Water Quality Projects Oversight Board, described
in Section 18.10.
G. Request by a propertyr owner for correction„ or adjustment of the fee that
has been imposed on his or her property.
18.09 Formation of Watershed Authority Groups.
A Watershed- Authority Group will be established for each of the following nine (9)
watershed areas within`the boundaries, of the District: Ballona Creek, Dominguez
Channel; Upper Los Angeles River, Lower Los Angeles River, Rio Hondo River, Upper
San Gabriel River, Lower San Gabriel River, Santa Clara River, and Santa Monica Bay.
Each Watershed Authority Group must be formed in accordance with the Joint Exercise
of Powers Act"'.Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of
Title 1 of the Government Code. The Chief Engineer will prepare and maintain on file
maps setting forth the precise boundaries of the watershed areas based upon the
Chief Engineer's determination of the hydrologic topographies of the watersheds.
HOA.885385.5 10
All Municipalities that are located within the boundaries of a watershed area and
contain parcels that are subject to the Water Quality Fee, as established by
Section 18.10, are eligible to become members of the Watershed Authority Group for
that watershed area. A Municipality that is located in more than one watershed area is
eligible for membership in the Watershed Authority Groups for all'watershed areas in
which it is located. A Municipality may join a WatershedAuthority Group at any time.
For each Watershed Authority Group excepf the Santa Clara River Watershed
Authority Group, the Board of Supervisors willselect two (2) public agenck�s to serve as
non -Municipality members. One public agency,, 111,,Pea`public water supply;
wastewater, or replenishment agencywith experience in stormwater capture and/or
water reuse for water supply augmentation, and the other public agency will be a state
conservancy or other public agency with experience identifying and bringing together
funding from multiplesources and implementing projects with multiple benefits in the
watershed area for the Watershed Authority G( Up for which the agency is selected.
For the, Santa-Clara,.,River watershed Authority Group, the Board of Supervisors will
.select,only one (1) public -agency meeting the requirements of one (1) of the types of
public agencies described above, and this agency will be eligible to serve as a
non -Municipality member of the Santa Clara River Watershed Authority Group.
Each Watershed Authority Group is strictly accountable for all funds, receipts,
.and disbursements of the Watershed Authority Group. The Treasurer will act as the
treasurer of each Watershed Authority Group and will be the depository and have
custody of all funds of each Watershed Authority Group. The Auditor will perform the
HOA.885385.5 11
functions of the controller of each Watershed Authority Group. The Treasurer and
Auditor, at their discretion, may delegate their functions to a treasurer or controller
designated by the Watershed Authority Group. The Watershed Authority Group is
required to reimburse the Treasurer and the Auditor for costs incurred in connection
with the performance of their duties.
18.10 Water Quality Projects Oversight Board:'
A Water Quality Projects Oversight Board is established and will be referred to
hereinafter in this chapter as the "Oversight,Board." The Oversight Boa rd;'will consist of
members with water quality experience drawn from„academia, professional societies,
nongovernmental organizations, and Jhe.private and public sectors, as well as members
from the general public who are not necessarily required 'to have water quality
experience. The composition and qualifications of the Oversight Board, the method of
appointing members,, and procedures governing the Oversight Board and its duties will
be set forth in the Implementation Manual.
The purpose of the Oversight Board is to conduct public hearings and make
findin s;,and recommendations 46the Board of Supervisors on matters related to the
WQIPs prepared by Watershed Authority Groups. In addition, review and approval by
the Oversight 13oard is required for proposed municipal projects for which the total costs
of the water quality benefit, excluding operation and maintenance, are expected to
exceed two million dollars ($2,000,000), as described in the Implementation Manual
HOA.885385.5 12
18.11 Revenue Bonds.
Bonds issued hereunder by the governing body of a Municipality, the District, or a
Watershed Authority Group, to the extent such entity is authorized by law to issue and
sell revenue bonds, may be secured by Water Quality Fee revenues as set forth in this
chapter. Only those amounts specifically allocated to a Municipality, the District, or a
Watershed Authority Group may be used as security for its respective bonds.
Revenue bonds issued pursuant to this ch,a, rshall not constitute any
indebtedness of the District or the County, but shall be payable, principal and interest,
only from revenues received from the Water Quality Fee.
18.12 District Held Harmless.`
Nothing in this chapter requ
for any water quality project developed,
implemented by a,Municipality or -,a Watershe
Fee revenues. Unless the District enters, into
Authority Group,lorM.unicipality to the contras
accept,ownership or responsibility
or otherwise carried out or
I Authority Group with the Water Quality
an express agreement with a Watershed
neither the District nor the County to the
extent that it is acting on behalf of the District, nor their officers, employees, agents or
volunteers''.('istrict Indemnitees") will be liable in connection with errors, defects,
injuries, or property damage caused by or attributed to any water quality project that is
funded in whole or in part with Water Quality Fee revenues, and each Municipality and
Watershed Authority Group is required to indemnify the District Indemnitees and hold
them harmless for claims, liability, and expenses, including attorneys fees, incurred by
any District Indemnitees as a result of any water quality project developed, constructed,
HOA.885385.5 13
or otherwise carried out or implemented by the Municipality or Watershed Authority
Group pursuant to this chapter, except for claims, liability, and expenses, including
attorneys fees, resulting from the sole negligence or willful misconduct of District
Indemnitees.
[CH18FCDJWCCI
HOA.885385.5 14
of VP
s�VBLY iNOV
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark C. Whitworth, City Administrator
FROM: Samuel Kevin Wilson; Director of Community Services & Water
DATE: December 17, 2012 Revised December 19, 2012
SUBJECT: LOS ANGELES COUNTY CLEAN WATER, CLEAN BEACHES MEASURE
(aka WATER QUALITY FUNDING INITIATIVE)
Enclosed herewith is a Staff Report regarding the Los Angeles County Clean Water, Clean Beaches
Measure (Measure) as proposed by the County of Los Angeles Flood Control District. Notices of the
Public/Protest Hearing on the matter have been mailed to all the Los Angeles County parcel owners and
possessory interest tax payers. The City Council will now need to decide if they wish to support or protest the
Measure.
It is staff s recommendation that the City Council support the Los Angeles County's Clean Water,
Clean Beaches Measure.
Please place this item on the January 8; 2013 City Council agenda for the City Council to consider.
Thank you.
SKW/ca
Enclosure
c: Health Department