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Smart Voter
Contra Costa County, CA November 7, 2006 Election
Measure Q
Bond Measure
City of Orinda

2/3 Approval Required

Fail: 6,043 / 64.38% Yes votes ...... 3,344 / 35.62% No votes

See Also: Index of all Measures

Results as of Dec 4 7:35am, 100.0% of Precincts Reporting (16/16)
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement |

To repair damaged roads; fix potholes; improve driver and pedestrian safety; improve children's safety near schools; replace fire hydrants and pipes, ensuring adequate water flow for firefighting; and repair collapsing storm drains to prevent flooding; shall the City of Orinda issue $59.1 million in bonds for the improvement of roadways, storm drains and water mains, with annual financial audits and no money for new City staff?

Impartial Analysis from City Attorney
The City of Orinda (the "City") is authorized by the Government Code and the Elections Code of the State of California to issue general obligation bonds to finance construction of municipal improvements. Accordingly, the City Council adopted an ordinance on July 18, 2006, calling this election and submitting this measure to a vote of the electors of the City.

This measure, if approved by two-thirds of those voting on the measure, would authorize the City Council of the City to issue up to $59,100,000 of general obligation bonds of the City, and to spend the proceeds of such bonds for the purpose of financing the improvement of the City's roadways, storm drains and water mains, and to pay certain costs of issuance of the bonds. The California Constitution limits the use of proceeds of general obligation bonds to the "acquisition or improvement of real property". This measure further limits the use of proceeds of the bonds by prohibiting expenditures of proceeds for new City staff. It also provides for annual financial audits of the expenditure of the bond proceeds.

California law provides that the City Council could sell no bonds which would cause the total outstanding bonded indebtedness of the City to exceed 3.75% of the assessed value of all real and personal property in the City. The final maturity date of any bond could be no later than 40 years from the date of issuance. The interest rate on any bond could not exceed the statutory limit of 12% per annum. The terms of the bonds so authorized would be determined by resolution of the City Council at the time of issuance of any of the bonds.

Principal and interest on the bonds would be paid from revenue derived from an annual tax levied upon the taxable Orinda property within the City in an amount sufficient to pay the interest and principal on the bonds and such part of the principal coming due before proceeds of the next general tax levy would become available. The Tax Rate Statement of the City, which follows this analysis, reflects the best estimate of property tax levies which would be required to service the bonds, based upon currently available data and projections.

Linda C. Roodhouse
City Attorney
City of Orinda

The above statement is an impartial analysis of Ordinance 06-03. If you desire a copy of the full ordinance, please call the City Clerk's office at (925) 253-4221 and a copy will be mailed to you at no cost.

  News and Analysis

Contra Costa Times

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Arguments For Measure Q Arguments Against Measure Q
Measure Q is a carefully prepared plan to rebuild Orinda's crumbling roads, broken drain pipes and fire safety systems. It was prepared by a citizens' committee which engaged in two years of study in consultation with transportation experts, financial analysts and the Moraga-Orinda Fire District. We strongly urge a Yes vote on Measure Q.

The Bay Area's Metropolitan Transportation Commission ranked the pavement condition of Orinda roads last out of 100 cities in the region.

Additionally, the drain pipes under the roads are 20 years past their useful life. When they collapse, flooding occurs and the roadway caves in -- making our problems worse.

Orinda's antiquated water pipes provide insufficient water to put out a house fire. Whether you live next door to a problem hydrant or down the street, an out-of-control fire is everyone's problem.

Measure Q will:

  • repair our roadways;
  • fix the drainage pipes beneath those streets and others at the greatest risk of failure;
  • bring the city's worst water lines and fire hydrants up to today's fire standards.
Our citizens' committee and independent consultants reviewed the city's budget and all other possible sources of revenue. At our urging, the city adopted spending practices that direct all available funds toward road repair. However, it still is not enough to fix a problem 15 times greater than the entire city budget.

Our roads, drains and water pipes are our city's most important infrastructure. They sustain and support us in work, learning and leisure. This infrastructure plan as reflected in Measure Q is an important step toward making our city safe and secure for the future. Please vote Yes on Measure Q.

To review a copy of the infrastructure committee's report, go to: http://www.ci.orinda.ca.us.

Art Haigh
Chairman, Orinda Infrastructure Committee

Riki Sorenson
President, Orinda Union School District Board of Trustees

John Wyro
Vice President, Moraga Orinda F.D. BD.

Steve Glazer
Mayor Pro Tem, Orinda City Council

Victoria Smith
Orinda City Councilmember

Rebuttal to Arguments For
Although Orindans pay 64.5% of the Fire District property taxes (versus Moragans' 35.5%) and Orindans also pay a big fire flow tax, the District has spent nothing on Orinda water pipes. Obviously water pipes aren't important. Why, then, should we tax ourselves $19 million for the water pipes part of this bond? Any water pipe upgrade should be funded from existing Fire District taxes.

Fire District firefighters' pension at age 55 with 30 years' service are 90% of their highest salary, and pensions increase with inflation.

None of this bond money will be used to remove brush from the wild lands surrounding Orinda. This is our major fire hazard.

This proposed bond will fix only approximately 44% of Orinda's infrastructure problems. Expect additional bonds.

Your tax may be much higher than the average.

The City Council has known about our poor road conditions since incorporation. They could have spent the $18 million new City offices cost on our roads.

Theoverwhelming majority of our residential streets will get no bond money for street repair.

The annual property taxes going to the Fire District and City of Orinda from the new Gateway and Pine Grove developments in Orinda are estimated as around $2 million per year or $40 million over 20 years. We should not be taxed until these funds are committed to Orinda infrastructure upgrade.

To avoid waste of our tax dollars,

Please vote NO on Measure Q.

Clyde Vaughn

This bond measure is estimated to cost Orinda taxpayers $120 million (principle, interest).

The City Council and Fire District should use existing taxes and new taxes from Gateway (Montanera) and Pine Grove developments in Orinda for roads, drains and water pipes.

Without voter approval the City Council approved City offices costing approximately $18 million (principle, interest). That money should have been put into roads and drains. We were told the City offices would be in the old library.

The 2002-2003 Grand Jury noted 54% of Fire District employees earned over$100,000 annually. Firefighters' salaries increased a total of 231?2% from 2002-2005.

The Fire District has spent no money on Orinda water pipes. Approximately 80% of Orinda homes will receive little or no benefit from the water pipe part of this tax.

A 1999 Fire District report shows increasing fire hydrant flow to 1,000 gpm makes approximately 2% difference in fire prevention risk. Should taxpayers pay an estimated $19 million (principle, interest) for water pipe upgrade for a 2% difference?

The Fire District has pledged none of the estimated $1.3 million - $1.7 million NEW yearly property taxes from Gateway and Pine Grove developments in Orinda for our pipes, roads and drains.

If less than 500 daily car trips pass your home, or if you live on a private road, you will pay the tax but get no bond money for your street repair.

It's all a matter of priorities. The City Council's priority is expensive new buildings, the priority of the Fire District is exorbitant pensions and raises. The citizens are asked to dig down in their wallets for the necessities while the Council and Fire District lavish their money on luxuries.

For fair taxation and common sense:

Please vote NO on Measure Q.

Clyde Vaughn

Rebuttal to Arguments Against
The argument against Measure Q is full of distortions and exaggerations.

Measure Q is a carefully crafted solution to a problem that has vexed this community for over twenty years--crumbling roads and drains and inadequate water to many of our fire hydrants.

Measure Q was developed by a citizens' committee (experts in finance, engineering and public policy) that held over 40 public meetings over 18 months attended by hundreds of residents. The committee's findings were unanimously endorsed.

The opponent mentions costs, but refuses to accept three stubborn, indisputable facts.

    1. The greater the deterioration of a road, the greater the cost for repairing it. The sooner we act, the cheaper the fix.

    2. Just because your fire hydrant has enough water doesn't mean a fire on a neighboring street will not become your problem.

    3. Measure Q gives us citizen control over these problems. Blaming the local and regional politicians won't fix our infrastructure.

A YES vote on Measure Q also creates important financial safeguards, annual audits and a citizens' oversight committee, and insures that ALL money will be spent on fixing roads, drains and water lines. Additionally, local money will attract state and regional grant money so that we can stretch our dollars even further.

The City Council also established a fund dedicating a portion of all future road money to making our community safer for pedestrians, school children and bicyclists.

Measure Q allows us to start solving the problem instead of just complaining about it.

Please Vote YES on Measure Q!

Patti Camras
Orinda Chamber of Commerce, President

Dick Heggie
Orinda's First Mayor

Dennis Fay
Orinda Infrastructure Roads Sub-Committee, Chairman

Patricia Rudebusch
Orinda Union School District, Trustee

Kitty Guptill
Orinda Estates Neighborhood Association, President

Tax Rate Statement
An election will be held in the City of Orinda (the "City") on November 7, 2006, to authorize the sale of up to $59,100,000 in general obligation bonds of the City to finance the improvement of the City's roadways, storm drains and water mains. If such bonds are authorized and sold, the principal thereof and interest thereon will be payable from the proceeds of tax levies made upon the taxable property in the City. The following information is provided in compliance with Sections 9400-9405 of the Elections Code of the State of California.

1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 0.02321 per $100 ($23.21 per $100,000) of assessed valuation in fiscal year 2007-2008.

2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, and an estimate of the year in which that rate will apply, based on estimated assessed valuations available at the time of filing of this statement, is 0.06015 per $100 ($60.15 per $100,000) of assessed valuation in fiscal year 2013-2014.

3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is
0.06015 per $100 ($60.15 per $100,000) of assessed valuation in fiscal year 2013-2014.

Attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only, which are not binding upon the City. Actual future assessed valuation will depend upon the amount and value of taxable property within the City as determined in the assessment and the equalization process. In the event that aggregate assessed valuation of taxable property in the City declines during the repayment period of any bonds, the actual tax rate could exceed the estimates contained herein.

The actual tax rates and the years in which they will apply may vary from those presently estimated due to variations from these estimates in the timing of bond sales, the amount of bonds sold at any given sale, and actual assessed valuations over the term of repayment of the bonds. The actual timing of sale of said bonds and the amount sold at any given time will be governed by the limitation described in the preceding paragraph, as well as by the needs of the City and other factors.

Dated: August 3, 2006

Radha L.M. Wood
Administrative Services/Finance Director
City of Orinda


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