Table Of Content

I ': Joitr':'i !/.,."!;:· ,. .. 504 EIS --- en ------ --- a: --- ... -a - -- ·- - m,. ;• m SANTA CLARA COUNTY OFFICIAL BALLOT - CONTINUED ... CONDADO DE SANTA CLARA BOLETA OFICIAL-CONTINUACl6N ... ... 0 - m B S8fe, ciean Water-Progra·rri To: . ... '!' Ensure safe, reliable water supply; 0 • Reduce toxins, hazards and contaminants in waterways; Protect water supply and dams from earthquakes and natural disasters; Restore wildlife habitat and provide open space; m Provide flood protection to homes, schools and businesses; Provide safe, clean water in creeks and bays, Shall Santa Clara Valley Water District renew an existing, expiring parcel tax without increasing rates, and issue bonds, described in Resolution 12-62, with independent ~ citizen oversight and annual audits? Programa de Agua Segura, limpia Para: .. • Garantizar un suministro de 0gua seguro, confiable; 0 Reducir toxinas, peligros y contaminantes en las vias fluviales; .. m • Proteger el suministro ·de! agua y las presas de terremotos y desastres naturales; Restaurar el habitat silvestre y proporcionar espacio abierto; Proporcionar protecci6n contra inundaciones a hogares, escuelas y negocios; YES .. a: sf Propomionar agua segura, Hmpia en arroyos y bahias, lDebe e! Distrito de Aguas del Valle de Santa Clara ·renovar un impuesto a fa parcela existente, pr6ximo a veneer sin aumentar las tarifas y emitir bonos, coma se describe en la Resoluci6n 12-62_, con su£_ervisi6n ciudad;:1r:!!)ndee_endiente y auditorlas anuales? C: m .e.n. .. D Minimum Wage Shall an ordinance be adopted that (1) requires (a) payment of niinimum wages in San Jose at $10 per hour with an annual increase, if any, based on the Consumer Price Index beginning January 1, 2014; (b) City enforcement through fines, penalties, civil actions, or revocation or suspension of permits .. ~ or licenses; and (c) voter approval of substantive changes to the ordinance; and (2) allows private enforcement through civil actions? YES Salario Minima i!,"Debe adoptarse una ordenanza que (1) ex1ja (a) el pago·de salaries minimos en San Jose a'$10 par hara con un incremento anuaJ, si corresponde, SI .. basado en el lrdice de Precios al Consumidor comenzardo el 1 de enero de 2014; (b) la aplicaci6n del orden pUblico de la Ciudad a !raves de multas, sanciones, acciones civiles, o revocaci6n o suspensi6n de permisos o licencias; y ·(c) la aprobaci6n de los votantes para cari1bios sustanclales a la ordenanza; y (2) perrnita la aplicaci6n del NO .. 0rden rivado a ·!raves de ace/ones civil es? NO N SC Ballot Type 033 • Page 10 MEASUREB COMPLETE TEXT OF MEASURE B RESOLUTION NO. 12-62 COUNTY COUNSEL'S IMPARTIAL ANALYSIS OFMEASUREB PROVIDING FOR THE CONTINUATION AND LEVY OF A Measure B would renew an existing special parcel tax assessed by SPECIAL TAX TO PAY THE COST OF A SAFE, CLEAN WATER the Santa Clara Valley Water District (District) on each parcel of land AND NATURAL FLOOD PROTECTION PROGRAM within the District. The tax would remain in effect for 15 years (July 1, INTHE COMBINED FLOOD CONTROL ZONE OF THE 2013 through June 30, ;1028). SANTA CLARA VALLEY WATER DISTRICT SUBJECT, Proceeds from the tax would be used to carry out the District's NEVERTHE[ESS ' TO S. PECIFIED LIMITS AND CONDITIONS Safe, Clean Water and Natural Flood Protection Program, which id~ntifies specific projects within the District that would (1) ensure a safe, WHEREAS, Santa Clara Valley Water District (District) policy is tQ reliable water supply; (2) reduce pollution in waterways, (3) protect the ensure current and future water supplies and provide healthy, clean and water supply and damsfrom earthquakes and other natural disasters, (4) I' ble water in Santa Clara County· and · restore wildlife habitat and provide open space; and (5) provide flood re ia . , protection for homes, businesses, streets and highways. The funds WHEREAS, District policy is to ensure reliable, clean water supplies for may only be used for projects within.the District. Santa Clara County and lo protect Santa Clara County .c reeks, reservoirs, Monterey Bay, and San· Francisco Bay from contaminants; The parceLtax would work exactly, like the existing tax. Specifically, and · · a separate tax rate per unit of area would be applied to each of five different land use categories, ranging from vacant undisturbed land WHEREAS, District policy is to provide for flood water and storm water {which, is taxed at the lowest rate) to commercial/industrial (which is flood protection to residents, businesses, visitors, public highways, and taxed at the highest rate). On parcels in any given category that are the watercourses flowing within the District; and equal to or less than a specified minimum size, a flat minimum tax could be levied. For example, the maximum annual tax for a single family WHEREAS, District policy is to protect our water supply, pipelines_an,d residential parcel of .25. acre or less in 2013 would be $56. The rates local dams from earthquakes and natural disasters; and may be adjusted annually for inflation, by up to the larger of a cost of living adjustment (CPI) or 3%. The rate could also be adjusted upward WHEREAS, lhe District maintains a flood protection system of levees, (up to CPI plus 4.5%) for up to three years immediately following a year channels, drains, debris basins and other improvements upon which the in which a natural disaster is declared in the District's flood zones to pay lives and property of District residents depend, which saig for the costs of repairs caused by the disaster. - improvements must be kept in a safe and effective condition; and An independent committee would annually audit the WHEREAS, the District policy is to protect, enhance and rest9re healthy implementation and results of the plan. In addition, the Board of Santa Clara County creeks, watersheds and baylan.ds ecosystems; and Directors of the District would be required to conduct two professional audits of the program, at the fifth .and tenth anniversaries, to provide for WHEREAS, the need for protection of Santa Clara County water accountability and transparency. · supplies, creeks, watersheds and baylands has increased since !he voters passed the Clean, Safe Creeks and Natural Flood Protection The District may provide an exemption from the parcel tax for Plan in 2000; and parcels owned and occupied by low-income seniors. WHEREAS, the District policy is to engage in partnerships with the The parcel tax would appear as a separate item on each property community to provide open spaces, trails and parks along Santa Clara tax bill and would be levied and collected at the same time and in the County creeks and watersheds; and same manner as the general tax levy for county purposes. WHEREAS, the California State Legislature has authorized the District A "yes" vote is a vote to continue, at the same rates, the special to levy a special tax on each parcel of property within the District or any parcel tax on parcels within the Santa Clara Valley Water District's zone or zones thereof upon receiving the approving vote of a two-thirds combined Flood Control Zone for a period of 15,years. majority of the electorate of the District or zones therein; and I A "no" vote is a vote not to continue the parcel tax. WHEREAS, the purpose of the special tax is to supplement other I available but limited revenues to keep said improvements in a safe and I; effective condition; to enable the District to respond to emergencies; to Lori E. Pegg !' Acting County Counsel perform maintenance and repair, to acquire, restore and pr~serve ' habitat; to provide recreation; to conduct environ.mental education; to protect and improve water quality; and, to construct and operate flood By: is/ Susan Swain . protection and storm drainage facilities; including in ·each case the cost Lead Deputy County Counsel of financing such activities; and WHEREAS State California Environmental Quality Act (CEQA) Guidelines' section 15378{b)(4), states that government funding mechanisms are notprojects subject to the requirements of CEQA P.R-8702•1e N SC Ballot Type 033 · Page 21 COMPLETE TEXT OF MEASURE B • Continued COMPLETE TEXT OF MEASURE B • Continued NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of 6. As to railroad, gas, water, telephone, cable television, electric Santa Clara Valley Water District as follows: utility right of way, electric line right of way or other utility right of way properties. FIRST: The Board hereby finds that since (a) the management of creeks, watersheds and baylands to ensure safe, clean water and to Changes and corrections are not valid unless and until approved protect, enhance and restore healthy ecosystems; and the construction by the Board. and management of flood protection services, are made necessary by stormwater runoff, and (b) the lands from which runoff derives are C. The Clerk of the Board shall immediately file certified copies of the benefitted by provision of means of disposition which alleviates or ends final determination of special taxes and confirming resolution with the damage to other lands affected thereby, by direct protection of loss the Auditor-Controller of the County of Santa Clara and shall of property, and other indirect means which include improved aesthetics immediately record with the County Recorder of said County a and quality of life, the basis on which to levy the special tax is at fixed certified copy of the resolution confirming the special tax. and uniform rates per area and county or city designated land use of each parcel, taxed as such parcel is shown on the latest tax rolls. D. The special tax for each parcel set forth in the final determination a by the Board shall appear as separate item on the tax bill and SECOND: Pursuant to the authority of Section 3 of the District Act, a shall be levied and collected at the same time and in the same Combined Zone consisting of the aggregate metes and bounds manner as the general tax levy for county purposes. Upon descriptions of Zones One, Two, Three, Four and Five is presently recording of the resolution confirming the special tax such special existing. tax shall be a lien upon the real property affected thereby. THIRD: A special District Election will be called within said District, on E. Failure to meet the time limits set forth in this resolution for the proposition of levy of a special tax. whatever reason shall not invalidate any special tax levied hereunder. FOURTH: Subject to approval by two-thirds of the electors of the District voting at such election and pursuant to the authority vested in F. No special tax for the Safe, Clean Water and Natural Flood the Board, there is hereby established a special tax as authorized by Protection Program shall be imposed upon a federal or state or this resolution, the proceeds of which shall be used solely for the local governmental agency. With said exception, a Safe, Clean purpose of supporting the priorities of the Safe, Clean Water and Water and Natural Flood Protection Program special tax is levied Natural Flood Protection program. The priorities are summarized in on each parcel of real property in the five Flood Control Zones of Table 1. The Safe, Clean Water and Natural Flood Protection Program the District subject to this resolution for the purposes stated in the Report (hereafter "Report") generally describes the priorities. This tax Report and in this Resolution. Except for the minimum special tax shall be instituted with the following provisions: as hereinafter indicated, the special tax for each parcel of real property in each such zone is computed by determining its area (in A. The Chief Executive Officer (CEO) or designee of the District is acres or fractions thereo~ and land use category (as hereinafter directed to cause a written Report to be prepared for each fiscal defined) and then multiplying the area by the special tax rate year for which a special. tax is to be levied and to file and record applicable to land in such land use category. A minimum special the same, all as required by governing law. Said Report shall tax may be levied on each parcel of real property having a land include the proposed special tax rates for the upcoming fiscal year area up to 0.25 acre for Groups A, B, and C, up to 10 acres for at any rate up to the maximum rate approved by the voters. A Groups D and E Urban and, for Group E Rural, the minimum special fund shall be established into which proceeds from the tax special tax shall be that as calculated for the E Urban category. shall be deposited. Proceeds from the tax may used only for the Safe, Clean Water and Natural Flood Protection Program. G. Land use categories for each parcel of -land in the District are defined and established as follows: B. The CEO, or designee of the District may cause the special tax to be corrected in the same manner as assessor's or assessee's Group A: Land used for commercial or industrial purposes. errors may be corrected but based only upon any or all of the following: Group B: Land used for institutional purposes such as churches and schools or multiple dwellings in 1. Changes or corrections in ownership of a parcel; excess of four units, including apartment complexes, mobile home parks, recreational vehicle parks, 2. Changes or corrections of address of an owner of a parcel; condominiums, and townhouses. 3. Subdivision of an existing parcel; Group C: (1 ) Land used for single family residences and multiple family units up to four units. (2) The first 4. Changes or corrections in the use of all or part of a parcel; 0.25 acre of a parcel of land used for single family residential purposes. 5. Changes or corrections in the computation of the area of a parcel; PR-8702-2e N SC Ballot Type 033 • Page 22 J -:," COMPLETE TEXT OF MEASURE B. Continued COMPLETE TEXT OF MEASURE B · Continued Group D: (1) Disturbed agricultural land, including irrigated K. In the event that the county or city designated land use for a parcel land, orchards, dairies, field crops, golf courses and is different than the actual land use, the CEO of the District may, similar uses. (2) The portion of the land, if any, in pursuant to written .policies and procedures, cause the special tax excess of 0.25 acre of a parcel used ·for single to be adjusted based upon any or all of the following: family residential purposes. 1. The parcel owner shall provide the District a claim Jetter Group E: Vacant undisturbed land (1) in urban areas and (2) stating that the present actual land use is different than the in rural areas including dry farmed land, grazing and county or city designated land use, including an estimate of pasture land, forest and brush land, salt ponds and the portion of the parcel that is different than the designated small parcels used exclusively as well sites for land use. Such claim is subject to investigation by the District commercial purposes. as to the accuracy of the claim. Parcel owner shall furnish information deemed necessary by the District to confirm the Group F: Parcels used exclusively as well sites for residential actual uses and areas in question which may include, but not uses are exempt from the special tax. be limited to, a surverby a licensed surveyor. H. The special tax amounts applicable to parcels in the various land 2. The parcel ,owner shall request the District to inspect the uses shall be as prescribed by the Board of Directors in each fiscal parcel and reevaluate the parcel tax. year (July 1 through June 30) beginning with fiscal year 2013-2014 all as stated above, in the Report and as required by law; provided, 3. The parcel owner shall notify the District after a substantial· that the annual basic special tax unit (single family residential change in the aclual land use occurs, including a new parcel) shall not exceed a maximum limit of $56, as adjusted by estimate of th'e' portion of the parcel that is different than the the compounded percentage increases of the San Francisco designated land use. Oaktand-San Jose Consumer Price Index (CPI-U) for all Urban Consumers (or an equivalent index published by a government 4. The District may, inspect and verify the actual land use for agency) in the year or years since April 30, 2013; provided, these parcels on a regular basis and will notify the appropriate however that appropriate amounts may be increased in any year parcel owners when it is determined that the actual land use by up to the larger of the percentage increase of the San has matched a county or city designated land use. The Francisco-Oakland-San Jose Consumer Price Index for all Urban District shall.' \hen correct the special tax rates for these Consumers in .the preceding year or three percent (3%); and parcels accordingly. provided, further, however that in any period, not exceeding three years, immediately following a year in which the Governor of the L. Pursuant to state law, the District may provide an exemption from Stat~ of California or the President of the United States has the special tax for low income owner-occupied residential declared an area of said zones to be a disaster area by reason of properties for taxpayer-owners who are 65 years of age or older, flooding or other natural disaster, then to the extent of the cost of the following shall apply: repair of District facilities damaged by such flooding or other natural disaster, the maximum tax rate shall be the percentage Residential parcels where the. total annual household income does increase in CPl,U plus 4.5 percent and provided, that special taxes not exceed 75 percent of the latest available figure for state for the Safe, Clean Water and Natural Flood Protection Program median·income at.the time the annual tax is set, and such parcel is shall be levied for a total of 15 years and, therefore, shall not be owned and occupied by at least one person who is aged 65 years levied beyond June 30, 2028. or older is qualified to apply for an exemption from the applicable special tax. I. Pursuant to the State California Environmental Quality Act (CEQA) Guidelines section 15378(b)(4), adoption of this resolution for M. An external, independent monitoring committee shal! be appointed continuation of the parcel tax and as a government funding by the District Board of Directors to conducl an annual audit and mechanism, is not a project subject to the requirements of provide an annual Report to the Board of Directors regarding CEQA. Prior to commencement of any project included in the implementation of the intended results of the Safe, Clean Water Safe, Clean Water and Natural Flood Protection Program, any and Natural Flood Protection Program; at the fifth and tenth necessary environmental review required by CEQA shall be anniversaries . of the Safe, Clean Water and Natural Flood completed. Protection Program, the committee will identify to the District Board of Directors such modifications as may be reasonably necessary to J. The Board of Directors may direct that proposed projects in the meet the priorities of the Safe, Clean Water and Natural Flood Safe, Clean Water and Natural Flood Protection Program be Protection Program. modified or not implemented depending upon a numlier of factors, · including federal and state funding limitations and the analysis and N. During the Safe, Clean Water and Natural Flood Protection results of CEQA environmental review. The Board of Directors Program period;.the Board of Directors shall conduct at least two must hold a formal, public hearing on the matter, which will be professional audits of the Program to provide for accountability and noticed by publication and notification to interested parties, before transparency. adoption of any such decision to modify or not implement a project. PR-87Q2,3e N SC Ballot Type 033 • Page 23 .. i COMPLETE TEXT OF MEASURE B • Continued COMPLETE TEXT OF MEASURE B • Continued 0. Upon entering into effect, the Safe, Clean Water and Natural Flood TABLE 1 • RESOLUTION NO. 2012-62 Protection Program parcel tax authorized by this resolution and Providing for the continuation and levy of a special tax to pay placed on the ballot by RESOLUTION NO. 12-63 will repeal and the cost of a Safe,-Clean Water and Natural Flood Protection replace the Clean, Safe Creeks and Natural Flood Protection Plan Program in the combined flood control zone of the Santa Clara parcel tax approved by the voters in 2000. On the date that the Valley Water District subject, nevertheless, to specified limits parcel tax authorized by this resolution and RESOLUTION NO. 12- and conditions 63 goes into effect, the Safe, Clean Water and Natural Flood Protection Program will replace in its entirety the Clean, Safe Summary of Key Performance Indicators for the 15-Year Creeks and Natural Flood Protection Plan; any tax payments Program already made by voters and collected for use by the Water District for the Clean, Safe Creeks and Natural Flood Protection Plan will Project Key Performance Indicator be used to achieve priorities identified in the Safe, Clean Water and Natural Flood Protection Program. Funding for capital projects Priority A: Ensure a Safe, Reliable Water Supply currently identified in the Clean, Safe Creeks and Natural Flood A1 Main and 1. Restore transmission pipelines to full Protection Plan, will continue under the Safe, Clean Water and Madrone Avenue operating capacity of 37 cubic feet per second Natural Flood Protection Program to meet previous commitments. Pipelines from Anderson Reservoir. All other projects and programs identified in the Clean, Safe Restoration 2. Restore ability to deliver 20 cubic feet per Creeks and Natural Flood Protection Plan will be replaced by second to Madrone Channel. comparable projects or programs with similar or expanded 1. Award up to $1 million to test new obligations under the Safe, Clean Water and Natural Flood conservation activities. Protection Program. 2. Increase number of schools in Santa Clara County in compliance with SB 1413 and the PASSED AND ADOPTED by the Board of Directors of Santa Clara Healthy Hunger-Free Kids Act, regarding Valley Water District by the following vote on July 24, 2012: access to drinking water by awarding 100% of A2 Safe, Reliable eligible grant requests for the installation of AYES: Directors T. Estremera, P. Kwok, D. Gage, J. Judge, Water Grants and hydration stations; a maximum of 250 grants R. Santos, B. Schmidt, L. LeZotte Partnerships up to $254k. 3. Reduce number of private well water users NOES: Directors None. exposed to nitrate above drinking water standards by awarding 100% of eligible rebate ABSENT: Directors None. requests for the installation of nitrate removal systems; a maximum of 1000 rebates up to ABSTAIN: Directors None. $702k. A3 Pipeline 1. Install 4 new line valves on treated water SANTA CLARA VALLEY WATER DISTRICT Reliabi/itv Proiect distribution oioe/ines. By: is/ Linda J. LeZotte Project Key Performance Indicator Chair/Board of Directors Priority B: Reduce Toxins, Hazards, and Contaminants in our Waterwavs ATTEST: /s/ Michele L. King, CMG 1. Operate and maintain existing treatment Clerk/Board of Directors systems in 4 reservoirs to remediate regulated contaminants, including mercury. 1928119.1 B1 Impaired 2. Prepare plan for the prioritization of pollution Water Bodies prevention and reduction activities. Improvement 3. Implement priority pollution prevention and reduction activities identified in the plan in 10 creeks. B2 Inter-Agency 1. Install at least 2 and operate 4 trash capture Urban Runoff devices at stormwater outfalls in Santa Clara Program (includes County. Santa Ciara 2. Maintain partnership with cities and County Valley Urban to address surface water quality improvements. Runoff Pollution 3. Support 5 pollution prevention activities to Prevention and improve surface water quality in Santa Clara South County County either independently or collaboratively programs) with south countv oraanizations. PR-8702-4e N SC Ballot Type 033 -Page 24 COMPLETE TEXT OF MEASURE B • Continued COMPLETE TEXT OF MEASURE B • Continued 83 Pollution 1. Provide 7 grant cycles and 5 partnerships 03 Partnerships 1. Develop 5 Stream Corridor Priority Plans to Prevention that follow pre-established competitive criteria and Grants to prioritize stream restoration activities. Partnerships and related to preventing or removing pollution. Restore Wildlife 2. Provide 7 grant cycles and additional Grants Habitat and partnerships for $21 million that follow pre- 84 Good 1. Perform 52 annual Clean-ups for the Provide Access to . established criteria related to the creation or · Neighbor duration of the sew program to reduce the Trails restoration of wetlands, riparian habitat and. Program: Illegal amount of trash and pollutants entering the favorable stream conditions for fisheries and Encampment stream. wildlife, and providing new public access to Cleanun trails. 85 Hazardous 1. Respond to 100% of hazardous materials 04 Fish Habitat 1. Complete planning and design for two Materials reports requiring urgent on-site inspection in and Passage creek/lake separations. Management and .t wo hours or less. Improvements 2. Construct one creek/lake separation project Resoonse · in partnership with local agencies. 86 Good 1. Conduct 60 clean-up events (4 per year). 3. Use $6 million for fish passage Neighbor 2. Respond to requests on litter or graffiti improvements. Program: cleanup within 5 working days. 4. Conduct study of all major steelhead Remove graffiti streams in the County to identify priority and litter locati~ns for installation of large woody debris 87 Support 1. Provide 7 grant cycles and 3 partnerships . and gravel as appropriate. Volunteer that follow pre-established competitive criteria 5. Install large woody debris and/or gravel at Cleanup Efforts related to cleanups, education and outreach, . a minimum of 5 sites (1 per each of 5 major and Education and stewardship activities. watersheds). 2. Fund District support of annual National 05 Ecological '· 1. Estaolish hew or track existing ecological River Clean Up day, California Coastal Clean Data Collection -"levels of service for streams in 5 watersheds. Up Day, the Great American Pick Up, and and Analysis .-2: ,Re,assess streams in 5 watersheds to fund the Adoot-A-Creek Proaram. determine if ecological levels of service are maintained orimoroved. Project Key Performance Indicator 06 Creek 1. Construct 3 geomorphic designed projects Priority C: Protect Our Water Supply and Dams From Restoration and to restore stability and stream function by Earthnuakes and Other Natural Disasters Stabilization preventing incision and promoting sediment C1 Anderson 1. Provide portion of funds, up to $45 million, balance throuahout the watershed. Dam Seismic to help restore full operating reservoir D7 Partnerships 1. Provide up to $8 million for the acquisition Retrofit canacitv of 90, 373 acre-feet. for the of property for the conservation of habitat C2 Emergency 1. Map, install, and maintain gauging stations Conservation of · lands. Response and computer software on seven flood-prone Habitat Lands Upgrades reaches to generate and disseminate flood D8 South Bay Salt 1..Establish agreement with the US Fish and warninos. Ponds Wildlife Service to reuse sediment at locations Restoration to improve the success of Salt Pond Project Key Performance Indicator Partnership restoration activities. Priority D: Restore Wildlife Habitat and Provide Open Space 2. Construct site improvements up to $4 Access million to allow for transportation and D1 Management 1. Maintain a minimum of 300 acres of olacement of future sediment. of Re vegetation revegetation projects annually to meet Proiects renulatoru renuirements and conditions. Project Key Performance Indicator (KPI) D2 Revitalize 1. Revitalize at least 21 acres, guided by the Priority E: .Provide Flood Protection to Homes, Businesses, Riparian, Upland 5 Stream Corridor Priority Plans, through Schools; Streets and Hiahwavs and Wetland native plant revegetation and removal of E1 .1. \(eg~tation II Habitat invasive exotic species. Control for I 2. Provide funding for revitalization of at Caoacitv least 7 of 21 acres through community E1.2 Sediment 1. Maintain 90% of improved channels at partnerships. Removal for design capacity. 3. Develop at least 2 plant palettes for use Caoacitv on revegetation projects to support birds E1 .3 Maintenance and other wildlife. of Newly lmoroved Creeks PR.8702-Se N SC Ballot Type 033 · Page 25 COMPLETE TEXT OF MEASURE B • Continued COMPLETE TEXT OF MEASURE B • Continued E1.4 Vegetation 1. Provide vegetation management for 6,120 EB Upper 1. With federal and local funding, construct a Management for acres along levee & maintenance roads. Guadalupe flood protection project to provide 1 percent Access River flood protection to 6,280 homes, 320 E2.1 Coordination 1. Coordinate with agencies to incorporate businesses and 10 schools and institutions. with Local District-endorsed flood emergency procedures 2. With local funding only, construct flood Municipalities on into their Emergency Operations Center protection improvements along 4,100 feet of Flood plans. Guadalupe River between SPRR crossing, Communication downstream of Willow Street, to UPRR E2.2 Flood- 1. Complete 5 flood-fighting action plans (one crossing, downstream of Padres Drive. Flood Fighting Action per major watershed). damage will be reduced; however, protection Plans from the 1-percent flood is not provided until completion of the entire Upper Guadalupe E3 Flood Risk 1. Complete engineering studies on 7 creek River Proiect. Reduction reaches to address 1% flood risk. Studies 2. Update floodplain maps on a minimum of 2 creek reaches in accordance with new FEMA standards. E4 Upper 1. With federal and local funding, construct a Penitencia Creek flood protection project to provide 1 percent flood protection to 5,000 homes, businesses and public buildings. 2. With local funding onlt, acquire all necessary right-of-ways and construct a 1 percent flood protection project from Coyote Creek confluence to Kina Road. E5 San 1. With federal and local funding, protect more Francisquito than 3,000 parcels by providing 1 percent Creek flood protection. 2. With local funding only, protect . approximately 3,000 parcels from flooding (1 00-year protection downstream of HWY 101, 50-year protection upstream of HWY 101). . E6 Upper Llagas 1. With federal and local funding, provide Creek flood protection to 1,100 homes, 500 businesses, and 1,300 agricultural acres, while improving stream habitat. 2. With local funding only, provide 100-year flood protection for Reach 7 only (up to W. Dunne Avenue in Morgan Hill). A limited number of homes and businesses will be protected. E7 San Francisco 1. Provide portion of the local share of funding Bay Shoreline for planning and design phases for the former Study salt production ponds and Santa Clara County shoreline area. 2. Provide portion of the local share of funding toward estimated cost of initial project phase (Economic Impact Area 11). ' N SC Ballot Type 033 • Page 26 ARGUMENT IN FAVOR OF MEASU~E B REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE B ' Vote YES on 'Measure B to ensure safe, reliable local water supply in Our community wants clean water, flood protection and healthy streams. 1 the Santa Clara Valley, without increasing tax rates. Unfortunately, Measure B won't deliver on its promises and deserves a 11NOH vote. ~ ' Measure B is needed to: 1 ., The Water District' "YES" argument emphasizes a safe reliable water J • Ensure a safe, reliable water supply supply -because that's what people care most about -but turns around ! • Reduce toxins, hazards and contaminants in our waterways and doesn't put much of the budget into that purpose. They emphasize pollutants, but don't focus, their budget on the programs likely to really • Provide clean, safe water in local creeks and bays improve water quality.• Environmental goals are left vague and without • Protect our water supply and dams from earthquakes and the budget to accomplish significant change. They try to reassure us by natural disasters citing the citizen's oversight committee. But the citizen's committee for • Provide flood prot~ction to homes, schools and businesses the existing tax made recommendations recently to protect $15.7 million • Restore wildlife habitat and provide open space access of environmental . restoration · reserves. Dismissing those recommendations; ·the-0istrtct"Voted instead to distribute those reserves Measure B does not increase tax rates; it simply renews existing local amongst the new tax's· projects: funding. , In response to a year's letters and expert testimony ori how to write a Seventeen streams and 7 reservoirs in Santa Clara County have been strong, effective wateMelated measure focused on getting things done, designated "impaired" due to pollutants like mercury and PCBs in fish the District · madS" ,,only< minor changes and rejected most of the and the water. Without increasing tax rates, Measure B will renew local environmental commuriity!s-major recommendations. , funding needed to continue improving water quality in our creeks and reservoirs -and track annual progress·to ensure our water stays clean. The Sierra Club and Audubon .Society have debated (sometimes heatedly) whether or.not·.to endorse Measure B. Why?. Because some Measure B will allow the Santa Clara Valley Water District to bring in see that the Water District hasn't kept their environmental commitments $400 million in federal and state matching fµnds to stimulate our local and is not likely to (without major change). Check our website economy, create 3000 new jobs, and expand the focus .of the current (www.envirosforlivingstreams;6rg) or theirs to see what they finally program of protecting local creeks and waterways to fund additional decided. •, "'"' :< ,., · "· water supply, pollution cleanup and earthquake safety improvements. Vote NO on Measure·B, Send the District back to the drawing board to By investing in long-term water supply projects in Santa Clara Valley, write a balanced ballot measure we can trust - before the existing tax like retrofitting Anderson Dam so it's earthquake safe, Measure B will expires in 2016. protect the community from water shortages during an extended drought. Isl Richard K. McMurtry If local funding is not renewed, a lack of funding will slow down or end Former Water Resources Engineer; Treasurer, Environmentalists for many current programs that fight toxins and contaminants in waterways Living Streams " and protect homes and businesses. Isl Lawrence M. Johmann Measure B requires mandatory annual audits and independent fiscal President, Western Waters Canoe Club oversight by a citizens' monitoring committee to ensure all funds are spent as promised. Measure B includes exemptions for senior citizens. Vote YES on B to ensure our safe, reliable, local water supply -without increasing tax rates. · Isl Margaret MacNiven Board President, Committee for Green Foothills Isl Carl Guardino President & CEO, Silicon Valley Leadership Group Isl A. Yiaway Yeh Mayor, City of Palo Alto Isl Neil Struthers CEO, Santa Clara County Building Trades Council Isl Don Eagleston President/CEO Sunnyvale/Silicon Valley Chamber of Commerce . PR-8702-7e N SC Ballot Type 033 -Page 27 ARGUMENT AGAINST MEASURE B REBUTTAL TO ARGUMENT AGAINST MEASURE B Balanced funding between flood control, water supply and stream We're all committed friends of the environment We're also committed restoration is a good thing. Ifs also. good to restore our Santa Clara to providing a safe, clean water supply. We share our opponents' County creeks to be "living streams" • full of fish and wildlife that once passion for protecting and restoring habitat lived here in profusion and with opportunities for us all to enjoy these streams. Opposing Measure B is simply irresponsible. Our local water district may not be perfect, but it does more for environmental protection than Sadly, the proposed tax doesn't provide this. The best way to fund flood any other water agency in California. Measure B funds support many control and stream restoration is to vote NO on this tax measure. This critical environmental improvements. Measure B is the ONLY source of will send the Water District back to come up with a better plan before funding for local environmental programs that we and our opponents 2016. when the current tax expires. We have time for a better plan! are equally passionate about. The Water District could restore our creeks AND provide valued flood More importantly, Measure B isn't just about environmental protection. control and water supply services. But repeatedly, the Water District Urgent water supply and safety projects cannot wait votes to make the environment low priority • diverting environmental funds to other programs and breaking their environmental agreements. We ALL care about ensuring a safe, clean water supply for our region's For example, between 2000 and 2012, they took 60% ($15.7 million) of future. Toxin removal improves people's health as well as birds and fish. the environmental restoration revenues collected from taxpayers and Some local dams and aging water supply pipelines are seismically didn't spend ii on environmental projects. The new tax will slide those inadequate and unprepared for earthquakes and natural disasters. We environmental reserves into other projects instead. Then they will cannot delay these projects. collect another $15 million to do the same work that tax payer dollars in reserves were originally committed to do. Outrageous! Another Finally, we CANNOT wait until 2016 to pass Measure B. That's flat-out example: in 2003, the District initialed an agreement to restore the trout false. By then, local funding will have expired, and many vital local fishery on three major streams. Then they found loop holes· that water supply and clean-up projects (including environmental programs) allowed them to not honor their commitments. will have stopped or disappeared completely. We will have delayed urgent seismic upgrades for no good reason. The Water District does some good projects • just enough to fill their public relations brochures. But they cover up that they didn't do most of It would be irresponsible to defeat this important measure because a what they promised. If you want to see our creeks restored in our few special interests think it isn't perfect Measure B is vitally important lifetimes and see better balance between flood control and stream to ensuring a safe, clean future supply. Passing it now is urgent It restoration, then vote NO on Measure Bl cannot wait See www.envirosforlivingstreams.org for more information. Please join us: vote Yes on B for safe, clean water. Isl Richard K. McMurtry Isl Rod Diridon, Sr. Former Water Resources Engineer/Treasurer, Environmentalists for Chair, Santa Clara County League of Conservation Voters Living Streams Supervisor, Santa Clara County Board of Supervisors, Retired Executive Director, Mineta Transportation Institute is/Lawrence M. Johmann President, Western Waters Canoe Club Isl Herman Garcia President, Coastal Habitat Education and Environmental Restoration (CHEER) Isl Frederick J. Ferrer CEO, Health Trust Isl Clark Williams Director, Santa Clara County Open Space Authority Vice-Chair, Santa Clara County Democratic Party Isl Matt Mahood PresidenUCEO San Jose/Silicon Valley Chamber of Commerce PR-8702-8e N SC Ballot Type 033 · Page 28 033 SAMPLE BALLOT & Voter Information Pamphlet NOVEMBER 6, 2012 .GENERAL ELECTION . · * Your polling place may have changed. Please see the back cover for your current location. * Polls are open from 7:00 a.m. to 8:00 p.m. * VOTE in one of three convenient ways: By Mail, Early, or at the Polls on Election Day. Check inside for more information. Registrar of Voters 1555 Berger Drive, Building 2 San Jose, CA 95112 (408) 299-VOTE [8683] or SANTA CLARA COUNTY Toll Free (866) 430-VOTE [8683] 2012 GENERAL ELECTION www.sccvote.org Mission Statement To provide quality service with the highest level of integrity, efficiency and accuracy in voter registration and election processes.

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Measure B : Safe, Clean Water Program [Ballot Text] PDF

2012·0.51 MB·English
by  Santa Clara Valley Water District., Santa Clara County.
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Preview Measure B : Safe, Clean Water Program [Ballot Text]

I ': Joitr':'i !/.,."!;:· ,. .. 504 EIS --- en ------ --- a: --- ... -a - -- ·- - m,. ;• m SANTA CLARA COUNTY OFFICIAL BALLOT - CONTINUED ... CONDADO DE SANTA CLARA BOLETA OFICIAL-CONTINUACl6N ... ... 0 - m B S8fe, ciean Water-Progra·rri To: . ... '!' Ensure safe, reliable water supply; 0 • Reduce toxins, hazards and contaminants in waterways; Protect water supply and dams from earthquakes and natural disasters; Restore wildlife habitat and provide open space; m Provide flood protection to homes, schools and businesses; Provide safe, clean water in creeks and bays, Shall Santa Clara Valley Water District renew an existing, expiring parcel tax without increasing rates, and issue bonds, described in Resolution 12-62, with independent ~ citizen oversight and annual audits? Programa de Agua Segura, limpia Para: .. • Garantizar un suministro de 0gua seguro, confiable; 0 Reducir toxinas, peligros y contaminantes en las vias fluviales; .. m • Proteger el suministro ·de! agua y las presas de terremotos y desastres naturales; Restaurar el habitat silvestre y proporcionar espacio abierto; Proporcionar protecci6n contra inundaciones a hogares, escuelas y negocios; YES .. a: sf Propomionar agua segura, Hmpia en arroyos y bahias, lDebe e! Distrito de Aguas del Valle de Santa Clara ·renovar un impuesto a fa parcela existente, pr6ximo a veneer sin aumentar las tarifas y emitir bonos, coma se describe en la Resoluci6n 12-62_, con su£_ervisi6n ciudad;:1r:!!)ndee_endiente y auditorlas anuales? C: m .e.n. .. D Minimum Wage Shall an ordinance be adopted that (1) requires (a) payment of niinimum wages in San Jose at $10 per hour with an annual increase, if any, based on the Consumer Price Index beginning January 1, 2014; (b) City enforcement through fines, penalties, civil actions, or revocation or suspension of permits .. ~ or licenses; and (c) voter approval of substantive changes to the ordinance; and (2) allows private enforcement through civil actions? YES Salario Minima i!,"Debe adoptarse una ordenanza que (1) ex1ja (a) el pago·de salaries minimos en San Jose a'$10 par hara con un incremento anuaJ, si corresponde, SI .. basado en el lrdice de Precios al Consumidor comenzardo el 1 de enero de 2014; (b) la aplicaci6n del orden pUblico de la Ciudad a !raves de multas, sanciones, acciones civiles, o revocaci6n o suspensi6n de permisos o licencias; y ·(c) la aprobaci6n de los votantes para cari1bios sustanclales a la ordenanza; y (2) perrnita la aplicaci6n del NO .. 0rden rivado a ·!raves de ace/ones civil es? NO N SC Ballot Type 033 • Page 10 MEASUREB COMPLETE TEXT OF MEASURE B RESOLUTION NO. 12-62 COUNTY COUNSEL'S IMPARTIAL ANALYSIS OFMEASUREB PROVIDING FOR THE CONTINUATION AND LEVY OF A Measure B would renew an existing special parcel tax assessed by SPECIAL TAX TO PAY THE COST OF A SAFE, CLEAN WATER the Santa Clara Valley Water District (District) on each parcel of land AND NATURAL FLOOD PROTECTION PROGRAM within the District. The tax would remain in effect for 15 years (July 1, INTHE COMBINED FLOOD CONTROL ZONE OF THE 2013 through June 30, ;1028). SANTA CLARA VALLEY WATER DISTRICT SUBJECT, Proceeds from the tax would be used to carry out the District's NEVERTHE[ESS ' TO S. PECIFIED LIMITS AND CONDITIONS Safe, Clean Water and Natural Flood Protection Program, which id~ntifies specific projects within the District that would (1) ensure a safe, WHEREAS, Santa Clara Valley Water District (District) policy is tQ reliable water supply; (2) reduce pollution in waterways, (3) protect the ensure current and future water supplies and provide healthy, clean and water supply and damsfrom earthquakes and other natural disasters, (4) I' ble water in Santa Clara County· and · restore wildlife habitat and provide open space; and (5) provide flood re ia . , protection for homes, businesses, streets and highways. The funds WHEREAS, District policy is to ensure reliable, clean water supplies for may only be used for projects within.the District. Santa Clara County and lo protect Santa Clara County .c reeks, reservoirs, Monterey Bay, and San· Francisco Bay from contaminants; The parceLtax would work exactly, like the existing tax. Specifically, and · · a separate tax rate per unit of area would be applied to each of five different land use categories, ranging from vacant undisturbed land WHEREAS, District policy is to provide for flood water and storm water {which, is taxed at the lowest rate) to commercial/industrial (which is flood protection to residents, businesses, visitors, public highways, and taxed at the highest rate). On parcels in any given category that are the watercourses flowing within the District; and equal to or less than a specified minimum size, a flat minimum tax could be levied. For example, the maximum annual tax for a single family WHEREAS, District policy is to protect our water supply, pipelines_an,d residential parcel of .25. acre or less in 2013 would be $56. The rates local dams from earthquakes and natural disasters; and may be adjusted annually for inflation, by up to the larger of a cost of living adjustment (CPI) or 3%. The rate could also be adjusted upward WHEREAS, lhe District maintains a flood protection system of levees, (up to CPI plus 4.5%) for up to three years immediately following a year channels, drains, debris basins and other improvements upon which the in which a natural disaster is declared in the District's flood zones to pay lives and property of District residents depend, which saig for the costs of repairs caused by the disaster. - improvements must be kept in a safe and effective condition; and An independent committee would annually audit the WHEREAS, the District policy is to protect, enhance and rest9re healthy implementation and results of the plan. In addition, the Board of Santa Clara County creeks, watersheds and baylan.ds ecosystems; and Directors of the District would be required to conduct two professional audits of the program, at the fifth .and tenth anniversaries, to provide for WHEREAS, the need for protection of Santa Clara County water accountability and transparency. · supplies, creeks, watersheds and baylands has increased since !he voters passed the Clean, Safe Creeks and Natural Flood Protection The District may provide an exemption from the parcel tax for Plan in 2000; and parcels owned and occupied by low-income seniors. WHEREAS, the District policy is to engage in partnerships with the The parcel tax would appear as a separate item on each property community to provide open spaces, trails and parks along Santa Clara tax bill and would be levied and collected at the same time and in the County creeks and watersheds; and same manner as the general tax levy for county purposes. WHEREAS, the California State Legislature has authorized the District A "yes" vote is a vote to continue, at the same rates, the special to levy a special tax on each parcel of property within the District or any parcel tax on parcels within the Santa Clara Valley Water District's zone or zones thereof upon receiving the approving vote of a two-thirds combined Flood Control Zone for a period of 15,years. majority of the electorate of the District or zones therein; and I A "no" vote is a vote not to continue the parcel tax. WHEREAS, the purpose of the special tax is to supplement other I available but limited revenues to keep said improvements in a safe and I; effective condition; to enable the District to respond to emergencies; to Lori E. Pegg !' Acting County Counsel perform maintenance and repair, to acquire, restore and pr~serve ' habitat; to provide recreation; to conduct environ.mental education; to protect and improve water quality; and, to construct and operate flood By: is/ Susan Swain . protection and storm drainage facilities; including in ·each case the cost Lead Deputy County Counsel of financing such activities; and WHEREAS State California Environmental Quality Act (CEQA) Guidelines' section 15378{b)(4), states that government funding mechanisms are notprojects subject to the requirements of CEQA P.R-8702•1e N SC Ballot Type 033 · Page 21 COMPLETE TEXT OF MEASURE B • Continued COMPLETE TEXT OF MEASURE B • Continued NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of 6. As to railroad, gas, water, telephone, cable television, electric Santa Clara Valley Water District as follows: utility right of way, electric line right of way or other utility right of way properties. FIRST: The Board hereby finds that since (a) the management of creeks, watersheds and baylands to ensure safe, clean water and to Changes and corrections are not valid unless and until approved protect, enhance and restore healthy ecosystems; and the construction by the Board. and management of flood protection services, are made necessary by stormwater runoff, and (b) the lands from which runoff derives are C. The Clerk of the Board shall immediately file certified copies of the benefitted by provision of means of disposition which alleviates or ends final determination of special taxes and confirming resolution with the damage to other lands affected thereby, by direct protection of loss the Auditor-Controller of the County of Santa Clara and shall of property, and other indirect means which include improved aesthetics immediately record with the County Recorder of said County a and quality of life, the basis on which to levy the special tax is at fixed certified copy of the resolution confirming the special tax. and uniform rates per area and county or city designated land use of each parcel, taxed as such parcel is shown on the latest tax rolls. D. The special tax for each parcel set forth in the final determination a by the Board shall appear as separate item on the tax bill and SECOND: Pursuant to the authority of Section 3 of the District Act, a shall be levied and collected at the same time and in the same Combined Zone consisting of the aggregate metes and bounds manner as the general tax levy for county purposes. Upon descriptions of Zones One, Two, Three, Four and Five is presently recording of the resolution confirming the special tax such special existing. tax shall be a lien upon the real property affected thereby. THIRD: A special District Election will be called within said District, on E. Failure to meet the time limits set forth in this resolution for the proposition of levy of a special tax. whatever reason shall not invalidate any special tax levied hereunder. FOURTH: Subject to approval by two-thirds of the electors of the District voting at such election and pursuant to the authority vested in F. No special tax for the Safe, Clean Water and Natural Flood the Board, there is hereby established a special tax as authorized by Protection Program shall be imposed upon a federal or state or this resolution, the proceeds of which shall be used solely for the local governmental agency. With said exception, a Safe, Clean purpose of supporting the priorities of the Safe, Clean Water and Water and Natural Flood Protection Program special tax is levied Natural Flood Protection program. The priorities are summarized in on each parcel of real property in the five Flood Control Zones of Table 1. The Safe, Clean Water and Natural Flood Protection Program the District subject to this resolution for the purposes stated in the Report (hereafter "Report") generally describes the priorities. This tax Report and in this Resolution. Except for the minimum special tax shall be instituted with the following provisions: as hereinafter indicated, the special tax for each parcel of real property in each such zone is computed by determining its area (in A. The Chief Executive Officer (CEO) or designee of the District is acres or fractions thereo~ and land use category (as hereinafter directed to cause a written Report to be prepared for each fiscal defined) and then multiplying the area by the special tax rate year for which a special. tax is to be levied and to file and record applicable to land in such land use category. A minimum special the same, all as required by governing law. Said Report shall tax may be levied on each parcel of real property having a land include the proposed special tax rates for the upcoming fiscal year area up to 0.25 acre for Groups A, B, and C, up to 10 acres for at any rate up to the maximum rate approved by the voters. A Groups D and E Urban and, for Group E Rural, the minimum special fund shall be established into which proceeds from the tax special tax shall be that as calculated for the E Urban category. shall be deposited. Proceeds from the tax may used only for the Safe, Clean Water and Natural Flood Protection Program. G. Land use categories for each parcel of -land in the District are defined and established as follows: B. The CEO, or designee of the District may cause the special tax to be corrected in the same manner as assessor's or assessee's Group A: Land used for commercial or industrial purposes. errors may be corrected but based only upon any or all of the following: Group B: Land used for institutional purposes such as churches and schools or multiple dwellings in 1. Changes or corrections in ownership of a parcel; excess of four units, including apartment complexes, mobile home parks, recreational vehicle parks, 2. Changes or corrections of address of an owner of a parcel; condominiums, and townhouses. 3. Subdivision of an existing parcel; Group C: (1 ) Land used for single family residences and multiple family units up to four units. (2) The first 4. Changes or corrections in the use of all or part of a parcel; 0.25 acre of a parcel of land used for single family residential purposes. 5. Changes or corrections in the computation of the area of a parcel; PR-8702-2e N SC Ballot Type 033 • Page 22 J -:," COMPLETE TEXT OF MEASURE B. Continued COMPLETE TEXT OF MEASURE B · Continued Group D: (1) Disturbed agricultural land, including irrigated K. In the event that the county or city designated land use for a parcel land, orchards, dairies, field crops, golf courses and is different than the actual land use, the CEO of the District may, similar uses. (2) The portion of the land, if any, in pursuant to written .policies and procedures, cause the special tax excess of 0.25 acre of a parcel used ·for single to be adjusted based upon any or all of the following: family residential purposes. 1. The parcel owner shall provide the District a claim Jetter Group E: Vacant undisturbed land (1) in urban areas and (2) stating that the present actual land use is different than the in rural areas including dry farmed land, grazing and county or city designated land use, including an estimate of pasture land, forest and brush land, salt ponds and the portion of the parcel that is different than the designated small parcels used exclusively as well sites for land use. Such claim is subject to investigation by the District commercial purposes. as to the accuracy of the claim. Parcel owner shall furnish information deemed necessary by the District to confirm the Group F: Parcels used exclusively as well sites for residential actual uses and areas in question which may include, but not uses are exempt from the special tax. be limited to, a surverby a licensed surveyor. H. The special tax amounts applicable to parcels in the various land 2. The parcel ,owner shall request the District to inspect the uses shall be as prescribed by the Board of Directors in each fiscal parcel and reevaluate the parcel tax. year (July 1 through June 30) beginning with fiscal year 2013-2014 all as stated above, in the Report and as required by law; provided, 3. The parcel owner shall notify the District after a substantial· that the annual basic special tax unit (single family residential change in the aclual land use occurs, including a new parcel) shall not exceed a maximum limit of $56, as adjusted by estimate of th'e' portion of the parcel that is different than the the compounded percentage increases of the San Francisco designated land use. Oaktand-San Jose Consumer Price Index (CPI-U) for all Urban Consumers (or an equivalent index published by a government 4. The District may, inspect and verify the actual land use for agency) in the year or years since April 30, 2013; provided, these parcels on a regular basis and will notify the appropriate however that appropriate amounts may be increased in any year parcel owners when it is determined that the actual land use by up to the larger of the percentage increase of the San has matched a county or city designated land use. The Francisco-Oakland-San Jose Consumer Price Index for all Urban District shall.' \hen correct the special tax rates for these Consumers in .the preceding year or three percent (3%); and parcels accordingly. provided, further, however that in any period, not exceeding three years, immediately following a year in which the Governor of the L. Pursuant to state law, the District may provide an exemption from Stat~ of California or the President of the United States has the special tax for low income owner-occupied residential declared an area of said zones to be a disaster area by reason of properties for taxpayer-owners who are 65 years of age or older, flooding or other natural disaster, then to the extent of the cost of the following shall apply: repair of District facilities damaged by such flooding or other natural disaster, the maximum tax rate shall be the percentage Residential parcels where the. total annual household income does increase in CPl,U plus 4.5 percent and provided, that special taxes not exceed 75 percent of the latest available figure for state for the Safe, Clean Water and Natural Flood Protection Program median·income at.the time the annual tax is set, and such parcel is shall be levied for a total of 15 years and, therefore, shall not be owned and occupied by at least one person who is aged 65 years levied beyond June 30, 2028. or older is qualified to apply for an exemption from the applicable special tax. I. Pursuant to the State California Environmental Quality Act (CEQA) Guidelines section 15378(b)(4), adoption of this resolution for M. An external, independent monitoring committee shal! be appointed continuation of the parcel tax and as a government funding by the District Board of Directors to conducl an annual audit and mechanism, is not a project subject to the requirements of provide an annual Report to the Board of Directors regarding CEQA. Prior to commencement of any project included in the implementation of the intended results of the Safe, Clean Water Safe, Clean Water and Natural Flood Protection Program, any and Natural Flood Protection Program; at the fifth and tenth necessary environmental review required by CEQA shall be anniversaries . of the Safe, Clean Water and Natural Flood completed. Protection Program, the committee will identify to the District Board of Directors such modifications as may be reasonably necessary to J. The Board of Directors may direct that proposed projects in the meet the priorities of the Safe, Clean Water and Natural Flood Safe, Clean Water and Natural Flood Protection Program be Protection Program. modified or not implemented depending upon a numlier of factors, · including federal and state funding limitations and the analysis and N. During the Safe, Clean Water and Natural Flood Protection results of CEQA environmental review. The Board of Directors Program period;.the Board of Directors shall conduct at least two must hold a formal, public hearing on the matter, which will be professional audits of the Program to provide for accountability and noticed by publication and notification to interested parties, before transparency. adoption of any such decision to modify or not implement a project. PR-87Q2,3e N SC Ballot Type 033 • Page 23 .. i COMPLETE TEXT OF MEASURE B • Continued COMPLETE TEXT OF MEASURE B • Continued 0. Upon entering into effect, the Safe, Clean Water and Natural Flood TABLE 1 • RESOLUTION NO. 2012-62 Protection Program parcel tax authorized by this resolution and Providing for the continuation and levy of a special tax to pay placed on the ballot by RESOLUTION NO. 12-63 will repeal and the cost of a Safe,-Clean Water and Natural Flood Protection replace the Clean, Safe Creeks and Natural Flood Protection Plan Program in the combined flood control zone of the Santa Clara parcel tax approved by the voters in 2000. On the date that the Valley Water District subject, nevertheless, to specified limits parcel tax authorized by this resolution and RESOLUTION NO. 12- and conditions 63 goes into effect, the Safe, Clean Water and Natural Flood Protection Program will replace in its entirety the Clean, Safe Summary of Key Performance Indicators for the 15-Year Creeks and Natural Flood Protection Plan; any tax payments Program already made by voters and collected for use by the Water District for the Clean, Safe Creeks and Natural Flood Protection Plan will Project Key Performance Indicator be used to achieve priorities identified in the Safe, Clean Water and Natural Flood Protection Program. Funding for capital projects Priority A: Ensure a Safe, Reliable Water Supply currently identified in the Clean, Safe Creeks and Natural Flood A1 Main and 1. Restore transmission pipelines to full Protection Plan, will continue under the Safe, Clean Water and Madrone Avenue operating capacity of 37 cubic feet per second Natural Flood Protection Program to meet previous commitments. Pipelines from Anderson Reservoir. All other projects and programs identified in the Clean, Safe Restoration 2. Restore ability to deliver 20 cubic feet per Creeks and Natural Flood Protection Plan will be replaced by second to Madrone Channel. comparable projects or programs with similar or expanded 1. Award up to $1 million to test new obligations under the Safe, Clean Water and Natural Flood conservation activities. Protection Program. 2. Increase number of schools in Santa Clara County in compliance with SB 1413 and the PASSED AND ADOPTED by the Board of Directors of Santa Clara Healthy Hunger-Free Kids Act, regarding Valley Water District by the following vote on July 24, 2012: access to drinking water by awarding 100% of A2 Safe, Reliable eligible grant requests for the installation of AYES: Directors T. Estremera, P. Kwok, D. Gage, J. Judge, Water Grants and hydration stations; a maximum of 250 grants R. Santos, B. Schmidt, L. LeZotte Partnerships up to $254k. 3. Reduce number of private well water users NOES: Directors None. exposed to nitrate above drinking water standards by awarding 100% of eligible rebate ABSENT: Directors None. requests for the installation of nitrate removal systems; a maximum of 1000 rebates up to ABSTAIN: Directors None. $702k. A3 Pipeline 1. Install 4 new line valves on treated water SANTA CLARA VALLEY WATER DISTRICT Reliabi/itv Proiect distribution oioe/ines. By: is/ Linda J. LeZotte Project Key Performance Indicator Chair/Board of Directors Priority B: Reduce Toxins, Hazards, and Contaminants in our Waterwavs ATTEST: /s/ Michele L. King, CMG 1. Operate and maintain existing treatment Clerk/Board of Directors systems in 4 reservoirs to remediate regulated contaminants, including mercury. 1928119.1 B1 Impaired 2. Prepare plan for the prioritization of pollution Water Bodies prevention and reduction activities. Improvement 3. Implement priority pollution prevention and reduction activities identified in the plan in 10 creeks. B2 Inter-Agency 1. Install at least 2 and operate 4 trash capture Urban Runoff devices at stormwater outfalls in Santa Clara Program (includes County. Santa Ciara 2. Maintain partnership with cities and County Valley Urban to address surface water quality improvements. Runoff Pollution 3. Support 5 pollution prevention activities to Prevention and improve surface water quality in Santa Clara South County County either independently or collaboratively programs) with south countv oraanizations. PR-8702-4e N SC Ballot Type 033 -Page 24 COMPLETE TEXT OF MEASURE B • Continued COMPLETE TEXT OF MEASURE B • Continued 83 Pollution 1. Provide 7 grant cycles and 5 partnerships 03 Partnerships 1. Develop 5 Stream Corridor Priority Plans to Prevention that follow pre-established competitive criteria and Grants to prioritize stream restoration activities. Partnerships and related to preventing or removing pollution. Restore Wildlife 2. Provide 7 grant cycles and additional Grants Habitat and partnerships for $21 million that follow pre- 84 Good 1. Perform 52 annual Clean-ups for the Provide Access to . established criteria related to the creation or · Neighbor duration of the sew program to reduce the Trails restoration of wetlands, riparian habitat and. Program: Illegal amount of trash and pollutants entering the favorable stream conditions for fisheries and Encampment stream. wildlife, and providing new public access to Cleanun trails. 85 Hazardous 1. Respond to 100% of hazardous materials 04 Fish Habitat 1. Complete planning and design for two Materials reports requiring urgent on-site inspection in and Passage creek/lake separations. Management and .t wo hours or less. Improvements 2. Construct one creek/lake separation project Resoonse · in partnership with local agencies. 86 Good 1. Conduct 60 clean-up events (4 per year). 3. Use $6 million for fish passage Neighbor 2. Respond to requests on litter or graffiti improvements. Program: cleanup within 5 working days. 4. Conduct study of all major steelhead Remove graffiti streams in the County to identify priority and litter locati~ns for installation of large woody debris 87 Support 1. Provide 7 grant cycles and 3 partnerships . and gravel as appropriate. Volunteer that follow pre-established competitive criteria 5. Install large woody debris and/or gravel at Cleanup Efforts related to cleanups, education and outreach, . a minimum of 5 sites (1 per each of 5 major and Education and stewardship activities. watersheds). 2. Fund District support of annual National 05 Ecological '· 1. Estaolish hew or track existing ecological River Clean Up day, California Coastal Clean Data Collection -"levels of service for streams in 5 watersheds. Up Day, the Great American Pick Up, and and Analysis .-2: ,Re,assess streams in 5 watersheds to fund the Adoot-A-Creek Proaram. determine if ecological levels of service are maintained orimoroved. Project Key Performance Indicator 06 Creek 1. Construct 3 geomorphic designed projects Priority C: Protect Our Water Supply and Dams From Restoration and to restore stability and stream function by Earthnuakes and Other Natural Disasters Stabilization preventing incision and promoting sediment C1 Anderson 1. Provide portion of funds, up to $45 million, balance throuahout the watershed. Dam Seismic to help restore full operating reservoir D7 Partnerships 1. Provide up to $8 million for the acquisition Retrofit canacitv of 90, 373 acre-feet. for the of property for the conservation of habitat C2 Emergency 1. Map, install, and maintain gauging stations Conservation of · lands. Response and computer software on seven flood-prone Habitat Lands Upgrades reaches to generate and disseminate flood D8 South Bay Salt 1..Establish agreement with the US Fish and warninos. Ponds Wildlife Service to reuse sediment at locations Restoration to improve the success of Salt Pond Project Key Performance Indicator Partnership restoration activities. Priority D: Restore Wildlife Habitat and Provide Open Space 2. Construct site improvements up to $4 Access million to allow for transportation and D1 Management 1. Maintain a minimum of 300 acres of olacement of future sediment. of Re vegetation revegetation projects annually to meet Proiects renulatoru renuirements and conditions. Project Key Performance Indicator (KPI) D2 Revitalize 1. Revitalize at least 21 acres, guided by the Priority E: .Provide Flood Protection to Homes, Businesses, Riparian, Upland 5 Stream Corridor Priority Plans, through Schools; Streets and Hiahwavs and Wetland native plant revegetation and removal of E1 .1. \(eg~tation II Habitat invasive exotic species. Control for I 2. Provide funding for revitalization of at Caoacitv least 7 of 21 acres through community E1.2 Sediment 1. Maintain 90% of improved channels at partnerships. Removal for design capacity. 3. Develop at least 2 plant palettes for use Caoacitv on revegetation projects to support birds E1 .3 Maintenance and other wildlife. of Newly lmoroved Creeks PR.8702-Se N SC Ballot Type 033 · Page 25 COMPLETE TEXT OF MEASURE B • Continued COMPLETE TEXT OF MEASURE B • Continued E1.4 Vegetation 1. Provide vegetation management for 6,120 EB Upper 1. With federal and local funding, construct a Management for acres along levee & maintenance roads. Guadalupe flood protection project to provide 1 percent Access River flood protection to 6,280 homes, 320 E2.1 Coordination 1. Coordinate with agencies to incorporate businesses and 10 schools and institutions. with Local District-endorsed flood emergency procedures 2. With local funding only, construct flood Municipalities on into their Emergency Operations Center protection improvements along 4,100 feet of Flood plans. Guadalupe River between SPRR crossing, Communication downstream of Willow Street, to UPRR E2.2 Flood- 1. Complete 5 flood-fighting action plans (one crossing, downstream of Padres Drive. Flood Fighting Action per major watershed). damage will be reduced; however, protection Plans from the 1-percent flood is not provided until completion of the entire Upper Guadalupe E3 Flood Risk 1. Complete engineering studies on 7 creek River Proiect. Reduction reaches to address 1% flood risk. Studies 2. Update floodplain maps on a minimum of 2 creek reaches in accordance with new FEMA standards. E4 Upper 1. With federal and local funding, construct a Penitencia Creek flood protection project to provide 1 percent flood protection to 5,000 homes, businesses and public buildings. 2. With local funding onlt, acquire all necessary right-of-ways and construct a 1 percent flood protection project from Coyote Creek confluence to Kina Road. E5 San 1. With federal and local funding, protect more Francisquito than 3,000 parcels by providing 1 percent Creek flood protection. 2. With local funding only, protect . approximately 3,000 parcels from flooding (1 00-year protection downstream of HWY 101, 50-year protection upstream of HWY 101). . E6 Upper Llagas 1. With federal and local funding, provide Creek flood protection to 1,100 homes, 500 businesses, and 1,300 agricultural acres, while improving stream habitat. 2. With local funding only, provide 100-year flood protection for Reach 7 only (up to W. Dunne Avenue in Morgan Hill). A limited number of homes and businesses will be protected. E7 San Francisco 1. Provide portion of the local share of funding Bay Shoreline for planning and design phases for the former Study salt production ponds and Santa Clara County shoreline area. 2. Provide portion of the local share of funding toward estimated cost of initial project phase (Economic Impact Area 11). ' N SC Ballot Type 033 • Page 26 ARGUMENT IN FAVOR OF MEASU~E B REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE B ' Vote YES on 'Measure B to ensure safe, reliable local water supply in Our community wants clean water, flood protection and healthy streams. 1 the Santa Clara Valley, without increasing tax rates. Unfortunately, Measure B won't deliver on its promises and deserves a 11NOH vote. ~ ' Measure B is needed to: 1 ., The Water District' "YES" argument emphasizes a safe reliable water J • Ensure a safe, reliable water supply supply -because that's what people care most about -but turns around ! • Reduce toxins, hazards and contaminants in our waterways and doesn't put much of the budget into that purpose. They emphasize pollutants, but don't focus, their budget on the programs likely to really • Provide clean, safe water in local creeks and bays improve water quality.• Environmental goals are left vague and without • Protect our water supply and dams from earthquakes and the budget to accomplish significant change. They try to reassure us by natural disasters citing the citizen's oversight committee. But the citizen's committee for • Provide flood prot~ction to homes, schools and businesses the existing tax made recommendations recently to protect $15.7 million • Restore wildlife habitat and provide open space access of environmental . restoration · reserves. Dismissing those recommendations; ·the-0istrtct"Voted instead to distribute those reserves Measure B does not increase tax rates; it simply renews existing local amongst the new tax's· projects: funding. , In response to a year's letters and expert testimony ori how to write a Seventeen streams and 7 reservoirs in Santa Clara County have been strong, effective wateMelated measure focused on getting things done, designated "impaired" due to pollutants like mercury and PCBs in fish the District · madS" ,,only< minor changes and rejected most of the and the water. Without increasing tax rates, Measure B will renew local environmental commuriity!s-major recommendations. , funding needed to continue improving water quality in our creeks and reservoirs -and track annual progress·to ensure our water stays clean. The Sierra Club and Audubon .Society have debated (sometimes heatedly) whether or.not·.to endorse Measure B. Why?. Because some Measure B will allow the Santa Clara Valley Water District to bring in see that the Water District hasn't kept their environmental commitments $400 million in federal and state matching fµnds to stimulate our local and is not likely to (without major change). Check our website economy, create 3000 new jobs, and expand the focus .of the current (www.envirosforlivingstreams;6rg) or theirs to see what they finally program of protecting local creeks and waterways to fund additional decided. •, "'"' :< ,., · "· water supply, pollution cleanup and earthquake safety improvements. Vote NO on Measure·B, Send the District back to the drawing board to By investing in long-term water supply projects in Santa Clara Valley, write a balanced ballot measure we can trust - before the existing tax like retrofitting Anderson Dam so it's earthquake safe, Measure B will expires in 2016. protect the community from water shortages during an extended drought. Isl Richard K. McMurtry If local funding is not renewed, a lack of funding will slow down or end Former Water Resources Engineer; Treasurer, Environmentalists for many current programs that fight toxins and contaminants in waterways Living Streams " and protect homes and businesses. Isl Lawrence M. Johmann Measure B requires mandatory annual audits and independent fiscal President, Western Waters Canoe Club oversight by a citizens' monitoring committee to ensure all funds are spent as promised. Measure B includes exemptions for senior citizens. Vote YES on B to ensure our safe, reliable, local water supply -without increasing tax rates. · Isl Margaret MacNiven Board President, Committee for Green Foothills Isl Carl Guardino President & CEO, Silicon Valley Leadership Group Isl A. Yiaway Yeh Mayor, City of Palo Alto Isl Neil Struthers CEO, Santa Clara County Building Trades Council Isl Don Eagleston President/CEO Sunnyvale/Silicon Valley Chamber of Commerce . PR-8702-7e N SC Ballot Type 033 -Page 27 ARGUMENT AGAINST MEASURE B REBUTTAL TO ARGUMENT AGAINST MEASURE B Balanced funding between flood control, water supply and stream We're all committed friends of the environment We're also committed restoration is a good thing. Ifs also. good to restore our Santa Clara to providing a safe, clean water supply. We share our opponents' County creeks to be "living streams" • full of fish and wildlife that once passion for protecting and restoring habitat lived here in profusion and with opportunities for us all to enjoy these streams. Opposing Measure B is simply irresponsible. Our local water district may not be perfect, but it does more for environmental protection than Sadly, the proposed tax doesn't provide this. The best way to fund flood any other water agency in California. Measure B funds support many control and stream restoration is to vote NO on this tax measure. This critical environmental improvements. Measure B is the ONLY source of will send the Water District back to come up with a better plan before funding for local environmental programs that we and our opponents 2016. when the current tax expires. We have time for a better plan! are equally passionate about. The Water District could restore our creeks AND provide valued flood More importantly, Measure B isn't just about environmental protection. control and water supply services. But repeatedly, the Water District Urgent water supply and safety projects cannot wait votes to make the environment low priority • diverting environmental funds to other programs and breaking their environmental agreements. We ALL care about ensuring a safe, clean water supply for our region's For example, between 2000 and 2012, they took 60% ($15.7 million) of future. Toxin removal improves people's health as well as birds and fish. the environmental restoration revenues collected from taxpayers and Some local dams and aging water supply pipelines are seismically didn't spend ii on environmental projects. The new tax will slide those inadequate and unprepared for earthquakes and natural disasters. We environmental reserves into other projects instead. Then they will cannot delay these projects. collect another $15 million to do the same work that tax payer dollars in reserves were originally committed to do. Outrageous! Another Finally, we CANNOT wait until 2016 to pass Measure B. That's flat-out example: in 2003, the District initialed an agreement to restore the trout false. By then, local funding will have expired, and many vital local fishery on three major streams. Then they found loop holes· that water supply and clean-up projects (including environmental programs) allowed them to not honor their commitments. will have stopped or disappeared completely. We will have delayed urgent seismic upgrades for no good reason. The Water District does some good projects • just enough to fill their public relations brochures. But they cover up that they didn't do most of It would be irresponsible to defeat this important measure because a what they promised. If you want to see our creeks restored in our few special interests think it isn't perfect Measure B is vitally important lifetimes and see better balance between flood control and stream to ensuring a safe, clean future supply. Passing it now is urgent It restoration, then vote NO on Measure Bl cannot wait See www.envirosforlivingstreams.org for more information. Please join us: vote Yes on B for safe, clean water. Isl Richard K. McMurtry Isl Rod Diridon, Sr. Former Water Resources Engineer/Treasurer, Environmentalists for Chair, Santa Clara County League of Conservation Voters Living Streams Supervisor, Santa Clara County Board of Supervisors, Retired Executive Director, Mineta Transportation Institute is/Lawrence M. Johmann President, Western Waters Canoe Club Isl Herman Garcia President, Coastal Habitat Education and Environmental Restoration (CHEER) Isl Frederick J. Ferrer CEO, Health Trust Isl Clark Williams Director, Santa Clara County Open Space Authority Vice-Chair, Santa Clara County Democratic Party Isl Matt Mahood PresidenUCEO San Jose/Silicon Valley Chamber of Commerce PR-8702-8e N SC Ballot Type 033 · Page 28 033 SAMPLE BALLOT & Voter Information Pamphlet NOVEMBER 6, 2012 .GENERAL ELECTION . · * Your polling place may have changed. Please see the back cover for your current location. * Polls are open from 7:00 a.m. to 8:00 p.m. * VOTE in one of three convenient ways: By Mail, Early, or at the Polls on Election Day. Check inside for more information. Registrar of Voters 1555 Berger Drive, Building 2 San Jose, CA 95112 (408) 299-VOTE [8683] or SANTA CLARA COUNTY Toll Free (866) 430-VOTE [8683] 2012 GENERAL ELECTION www.sccvote.org Mission Statement To provide quality service with the highest level of integrity, efficiency and accuracy in voter registration and election processes.

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