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November 7, 2017 — Local Elections
Special District

Novato Flood Control Zone 1
Measure E - 2/3 Approval Required

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Election Results

Failed

4,911 votes yes (34.46%)

9,341 votes no (65.54%)

100% of precincts reporting (30/30).

14,382 ballots counted.

To reduce flooding, improve water quality, restore fish and wildlife habitat, and adapt to sea level rise, shall a special parcel 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?

What is this proposal?

Measure Details — Official information about this measure

Summary

Marin County Elections Dept.

 

Impartial analysis / Proposal

s/BRIAN E. WASHINGTON Marin County Counsel

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

MFZ1-1


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.

 

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

When major rainstorms hit Novato, floods can block our roads and highways and damage our homes and busi­nesses. This year Highway 37 was closed twice, once for almost a month, snarling traffic throughout the area.

 

 

Arguments FOR

When major rainstorms hit Novato, floods can block our roads and highways and damage our homes and busi­nesses. This year Highway 37 was closed twice, once for almost a month, snarling traffic throughout the area.

Much has been done to reduce flooding - but more still needs to be done. A rigorous multi-year analysis of the entire Novato watershed has identified new projects that would help drain local streets, speed flood waters out to the Bay and prevent expensive repair work. Lower Novato Creek would be widened to help absorb storm surges and sea level rise. Increased tidal flows in and out would improve water quality, help scour sediment and reduce costly dredging. Habitat for fish and wildlife would be enhanced and public trails would be built on new, stronger levees.

 

Arguments AGAINST

ARGUMENT AGAINST MEASURE E Just Say NO to Redundant Taxes.

Starting in 2017, every parcel in the entire Bay Area will pay an annual twenty year, $12 parcel tax to the regional San Francisco Bay Restoration Authority for the same flood control and wetlands protections Measure E claims to address.

Another Tax! Really?

County of Marin homeowners pay the highest average property tax in California. Part of our basic property tax already pays for flood control. Since 1984, we’ve paid an additional annual assessment of up to $37 for single fam­ily homes and $200 for multi-family units. Commercial properties currently pay as much as $522. Nearly every property owner’s special flood control tax bill at least dou­bles under this ill-advised measure.

We Already Pay for Flood Control

We already pay more than $2,000,000 annually for flood control. That doesn’t include our share of the new $25,000,000 regional tax. With over $1,500,000 in reserves, the Flood Zone can fund emergencies, perform repairs and attract State and/or Federal grants. If that’s not enough, the bureaucrats should sharpen their pencils and prioritize safety over pet projects.

Highway 37 Flooding Is Not Our Zone’s Respon - sibility.

The Zone Engineer reported that Highway 37’s 2017 flood occurred because Caltrans levees failed twice. Keeping Highways passable is the State’s responsibility. California just hiked gas taxes for highway maintenance. Novato’s 2015 sales tax extension covers local road maintenance. Did we mention Measure E is redundant?

Enough Already!

Novato property owners already have as many as 11 extra taxes on their property tax bills. And this would add anoth­er. There’s no free lunch—parcel taxes drive up rents and only a few low-income seniors might be exempt. We pay our taxes, and now they want a new tax to pay for what they should already be doing.

Vote No on Measure E.

Learn more at NoNovatoFlood.org

s/JULIA LAVARONI
Watchful Citizen

s/AL DUGAN

Former Candidate Marin Board of Supervisors

s/TONI SHROYER

Businesswoman, Mother

s/REGINA SUN
Watchful Citizen

s/JOHN TURNER

Engineering Firm Owner

Replies to Arguments FOR

REBUTTAL TO ARGUMENT IN FAVOR OF
MEASURE E

The Yes on Flood Tax Argument uses scare tactics to sell a tax. We use FACTS from County reports and validated tax figures to educate and empower.

The pro argument is not well grounded in fact.

After reading the Staff Reports, we have to wonder how proponents reach their conclusions.

· Highway 37 Flooding was neither The Zone’s nor Novato taxpayer’s responsibility.

· Zone levees performed well – water did not need to be released into seasonal flood basins because levels were manageable.

· The Zone has already applied for special project funds from FEMA, FERP and LLAP.

Proponents obviously haven’t investigated what money is available for flood control:

· $1,500,000 in Zone reserves for FLOOD CON­TROL

· $2,000,000 annual revenue for FLOOD CONTROL

· $25,000,000 annual revenue for Bay Area FLOOD CONTROL & Habitat Restoration

Did Pro-tax proponents even seek SPECIAL PROJ - ECT FUNDING?

· Critical flood prevention measures should get prior­ity funding in yearly budget allocations. They hap­pen every Spring!

· Special flood and habitat restoration projects are exactly what you already pay for with the San Francisco Bay Restoration Authority tax starting this calendar year.

· The Zone has income from the Stonetree driving range which leases our Seasonal Flood Plain.

This is an old fashioned shake down, Novato. Don’t buy it! Visit NoNovatoFlood.com to calculate online the effect on your tax bill and read our researched and source refer­enced information on why this tax is an unnecessary tax grab.

Vote No on Measure E.

s/JULIA LAVARONI
Watchful Citizen

s/AL DUGAN

Former Candidate Marin County Board of Supervisors

s/TONI SHROYER

Businesswoman, Mother

s/JOHN TURNER

Engineering Firm Owner

Replies to Arguments AGAINST

REBUTTAL TO ARGUMENT AGAINST
MEASURE E

The opponent’s claims are wrong about this important measure to PROTECT NOVATO!

Measure E isn’t redundant with any other taxes; the current maintenance assessment isn’t $37, we are not enti­tled to any share of the regional wetlands restoration tax; $1,500,000 reserve is not enough to fund emergencies, perform repairs and attract grants for projects worth up to $40,000,000!

LET’S BE TRANSPARENT ... Here’s the truth!

Primary flood protection for the Novato area is the respon­sibility of Flood Control Zone 1, not the City of Novato or the County of Marin. Currently Flood Control Zone 1 col­lects $9 per home per year that is used to maintain pumps, levees and dredge and clear waterways - enough for main­tenance but not to pay for needed flood control projects.

Flood Prevention is OUR community responsibility, not anyone else’s!

There are sources of State and Federal money that can apply to flood control improvements. Typically these funds are available in the form of matching grants. But only communities that tax themselves have access to gov­ernment matching funds. The Measure AA regional tax is not designated for flood control from storm runoff but for wetlands restoration, sea level rise and flood risk from the Bay.

Measure E enables our community to address flood control proactively and leverage State and Federal funds to get the most protection for our property from our investment.

Visit www.ProtectNovato.com for a detailed rebuttal of arguments made by opponents.

DON’T BE MISLEAD!!! Measure E PROTECTS NOVATO... Please Vote YES

s/GARY BUTLER

s/MICHAEL LANDRUM
s/JEANNE MACLEAMY

s/CAROLE DILLON KNUTSON

s/JIM GROSSI

Read the proposed legislation

Proposed legislation

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

Who supports or opposes this measure?

Yes on Measure E

Organizations (3)

Elected & Appointed Officials (0)
No on Measure E

Organizations (2)

Elected & Appointed Officials (0)

More information

News (1)

Novato voters to consider flood protection tax — September 8, 2017 Marin Independent Journal

Additional Info

Marin Countywide Plan

Flooding Technical Background Report

e. Novato Creek Flood Control Project The Novato Creek Flood Control Project (NCFCP) currently consists of four phases (Phases 1-4) which were constructed successively during the period 1987-1991. The NCFCP was funded by a local bond measure and thus, is not a federal flood control project. Channel modifications included excavation, realignment, widening, bank stabilization and floodwall construction, and construction of regular (e.g. trapezoidal) cross-sections and levees on Warner Creek. Reaches of Novato Creek and Arroyo Avichi were also modified to some degree by the project. The design capacity of the NCFCP is 3,300 cfs, which is equivalent to the 50-year recurrence interval flood. This level of protection is partially the result of the expansion of upstream reservoir storage at Stafford Dam, which was constructed in 1985. The channel design capacity is also dependent upon the maintenance of the design cross-sections in the modified reaches. Since the project includes a significant tidal reach (i.e., downstream of Diablo Avenue) and much of the upper watershed area is unstable, depositional rates for watershed and tidal sediments in the lower portion of the project are high. The MCFCWCD is responsible for maintenance dredging through the aggrading project reach. Maintenance dredging has been conducted every few years since completion of the project. In 1996, the MCFCWCD dredged 45,000 cubic yards of sediment from a one-mile reach of Novato Creek and a 0.3-mile segment of lower Warner Creek. (Collins 1998) Upstream of the aggrading reach of Novato Creek, MCFCWCD maintenance efforts are more reflective of the more ecologically-sensitive practices associated with aquatic and riparian habitat protection and enhancement. These practices include targeted removal and/or trimming of obstructing willow and cattail growth and stabilization of streambanks using biotechnical methods, wherever practicable. (Clearwater Hydrology conversation with Elizabeth Lewis, Creek Naturalist, MCFCWCD, August 2001) In 1997, the MCFCWCD retained a consulting fluvial geomorphologist to conduct a study of sediment sources and geomorphic processes in the Lower Novato Creek Watershed. The study was commissioned in part to satisfy conditions specified by the RWQCB in its Section 401 Water Quality Certification for the NCFCP and other channel maintenance projects under its jurisdiction. The draft study report was published in 1998 (Collins, ibid). It documented the role of tidal siltation and watershed erosion on aggrading conditions in the lower NCFCP reach. It also identified erosion processes that are active in the mid- and upper reaches of the study area, which extended to Stafford Dam. Bank condition, channel roughness and channel habitat characteristics, including pool frequency/depth and large woody debris occurrence were described and/or quantified. City of Novato: Stream Management Guidelines (Questa Engineering Corp., 2000) provides a comprehensive assessment of wetland and riparian habitat, water quality and flood control measures for application to the NCFCP and other streams in the City of Novato. The publication inventories habitat types, plant and animal species, and presents guidelines for channel maintenance, biotechnical bank stabilization, channel hydraulic and geomorphic design, riparian revegetation and eco-compatible landscape design. It is an example of the type of watershed management plan that can be developed to guide developers and municipalities in the direction of ecologically sensitive flood control policies and sustainable resource management, including habitat and water quality protection. 

https://www.marincounty.org/~/media/files/departments/cd/planning/currentplanning/publications/county-wide-plan/background-reports/floodingbr.pdf

Marin Countywide Plan: Flooding Technical Background Report; Flooding; D, 6-e; pages 18-19

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