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Smart Voter
Sonoma County, CA November 7, 2006 Election
Measure K
Tax
Windsor Fire Protection District

2/3 Approval Required

Pass: 6,537 / 69.3% Yes votes ...... 2,895 / 30.7% No votes

See Also: Index of all Measures

Results as of Nov 22 4:22pm, 100.0% of Precincts Reporting (26/26)
Information shown below: Arguments | Full Text

Shall Windsor Fire Protection District Ordinance No. 2006-01 be approved authorizing the District to, (a) impose and levy an additional special tax with a maximum rate (subject to adjustment for inflation) of $.04/sq. ft. for residential properties, from $.05 to $.09/sq. ft. for commercial and industrial properties, and $36 for mobile home spaces and vacant parcels, and (b) increase its appropriations limit?

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Arguments For Measure K Arguments Against Measure K
Right now, as you read this, the Windsor Fire Protection District has only two paid firefighters on duty, just two paid firefighters to protect a population of 30,000 spread out over 30 square miles. That is why Measure K is on the ballot.

The number of calls for Windsor Fire Protection District services has more than tripled since 1990. Calls have gone from approximately 1.4 calls per day to 5.4 calls a day, without additional paid firefighters. That is why Measure K is on the ballot.

An independent study commissioned by the Town of Windsor found that Windsor Fire Protection District's resources are not enough to adequately protect residents. Equally important, the independent study found that the Windsor Fire Protection District is appropriately managing its limited fiscal resources. There is no mismanagement -- no waste whatsoever. That is why Measure K is on the ballot.

The Windsor Fire Protection District is attempting to upgrade service, on less money than recommended in the independent study. Measure K is a parcel tax of four cents per square foot of residential building square footage. Residents of mobile homes pay a flat rate of $36.00 per year. The average homeowner pays $72.00 per year.

The revenue from Measure K is earmarked to hire additional firefighters only.

Measure K is a major step to Save Windsor from a significant fire catastrophe, a catastrophe waiting to happen with only two paid firefighters.

Measure K is endorsed by Windsor Town Council members Debora Fudge, Steve Allen, Sam Salmon, Lynn Morehouse and Warin Parker, Supervisor Paul Kelley, former Supervisor Nick Esposti, and the Sonoma County Taxpayers Association.

You can help Save Windsor -- vote Yes on Measure K.

s/ Nick Esposti
Co-chair, Save Windsor
s/ Leslie Lewis
Co-chair, Save Windsor
s/ Debora Fudge
Windsor Town Councilmember
s/ Sam Salmon
Mayor, Town of Windsor

No argument was submitted against Measure K.

Full Text of Measure K
ORDINANCE NO. 2006-01

AN ORDINANCE OF THE WINDSOR FIRE PROTECTION DISTRICT AUTHORIZING THE DISTRICT TO IMPOSE AND LEVY AN ADDITIONAL SPECIAL TAX AND INCREASE ITS APPROPRIATIONS LIMIT The people of the Windsor Fire Protection District ordain as follows:

SECTION I. DEFINITIONS. For the purposes of this ordinance, the following words and phases shall have the meanings respectively ascribed to them by this section unless the context clearly requires a different meaning. The definition of a word or phrase applies to any of that word's or phrase's variants.

"Board of Directors" means the Board of Directors of the Windsor Fire Protection District.

"District" means the Windsor Fire Protection District in Sonoma County, California.

"Residential" means a permanent building or portion thereof, including manufactured and mobile homes designated or used exclusively as a residence, sleeping room, or living quarters, with kitchen facilities, which constitutes an independent housekeeping unit for one (1) or more persons. Residential does not include a tent, travel trailer, recreational vehicle, or similar vehicle or structure.

"Existing Special Tax" means the special tax authorized by and imposed pursuant to Ordinance No. 3540 R.

"Floor Area or Square Feet" means the area included within the outside surface of the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof, not provided with surrounding exterior walls, shall be the useable area under the horizontal projection of the roof or floor above.

"Mobile Home Space" means a space available for rent in a mobile home park on which a mobile home is located.

"Parcel of Real Property" means a separate parcel of real property having a separate Assessor's parcel number as shown on the secured tax rolls of the County of Sonoma, or an assessment of a structural property on the unsecured tax rolls of the County of Sonoma, or an assessment made by the State Board of Equalization.

"Additional Special Tax" means the special tax authorized by and imposed pursuant to this Ordinance. The additional special tax is a special tax within the meaning of Article XIII A, section 4 and Article XIII C, section 1 of the California Constitution.

SECTION II. AUTHORITY.

This ordinance is adopted pursuant to Article XIII A, section 4, Article XIII B, section 4 and Article XIII C, section 2 of the California Constitution, Article 3.7 (commencing with Section 53720) of Chapter 4 of Division 2 of Title 5 of the California Government Code, Section 13911 of the California Health and Safety Code, and Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code.

SECTION III. DETERMINATION OF NECESSITY.

The amount of revenue available to the District from property taxes and the existing special tax is inadequate to meet the cost of providing services pursuant to Section 13862 of the California Health and Safety Code. Therefore, the District must establish a larger stable source of supplementary revenue to assist in meeting the costs of providing such services and exercising the other rights and powers of the District.

SECTION IV. PURPOSE OF SPECIAL TAX.

The purpose for which the additional special tax shall be imposed and levied is to raise revenue for the District to use in meeting the costs of (1) providing services pursuant to Section 13862 of the California Health and Safety Code, and (2) exercising other rights and powers granted to the District in Chapter 5 (commencing with Section 13860) of Part 2.7 of Division 12 of the California Health and Safety Code.

SECTION V. SPECIAL TAX AUTHORIZATION AND LIMIT. The Board of Directors is authorized to impose and levy the additional special tax each year on each parcel of real property within the District, except parcels of real property owned by a federal, state, or local agency, based on the use or right of use of the parcel and for the purpose stated in Section IV of this ordinance. The additional special tax may be levied at a rate not to exceed (subject to adjustment for inflation) $.04 per square foot for residential properties, from $.05 to $.09 per square foot for commercial and industrial properties (depending on actual use), and a flat rate of $36 for mobile home spaces and vacant parcels. In accordance with Section 53739 of the California Government Code, the rate shall be adjusted each year for inflation by an amount equal to the annual adjustment factor determined pursuant to Section 7902 of the California Government Code and applied by the District to its appropriations limit. The additional special tax shall be imposed in accordance with the schedule set forth in Exhibit "A," attached hereto and incorporated herein by this reference. The Board of Directors shall set the rate of the additional special tax each year as provided in Section VI of this ordinance, provided that in no year shall the rate exceed the maximum specified in this section.

SECTION VI. REPORT AND HEARING ON SPECIAL TAX. Each year prior to the imposition of the additional special tax, the Board of Directors shall cause a report to be prepared showing each parcel of real property subject to the additional special tax, the owner(s) thereof, the land use classification or classifications applied thereto, and the proposed levy thereon. Where there are multiple land uses on a parcel, more than one land use classification may be applied to the parcel if necessary to reflect the risk associated with the parcel. Upon receipt of the report, the Board of Directors shall set a date for a public hearing thereon and shall cause notice of the hearing to be given pursuant to Section VIII of this ordinance. At the public hearing, the Board of Directors shall set the rate and make such corrections to the taxes proposed to be levied as may be required to conform to the schedule set forth in Exhibit "A."

SECTION VII. ANNUAL REPORT ON SPECIAL TAX REVENUES. Each year the District shall cause a report to be prepared and filed with the Board of Directors containing information regarding the amount of additional special tax revenues collected and expended as well as the status of projects funded with proceeds of the additional special tax.

SECTION VIII. NOTICE OF HEARING.

In the absence of state law specifying the procedure for giving notice, notice of any public hearing held pursuant to this ordinance shall be given by posting in at least three (3) public places within the District at least fifteen (15) days prior to the hearing and publishing twice pursuant to Section 6066 of the California Government Code in at least one (1) newspaper of general circulation within the District. The notice shall include the date, time, and place of the public hearing, a general explanation of the matter to be considered, and a statement of where additional information may be obtained.

SECTION IX. COLLECTION.

The additional special tax shall be collected in the same manner and subject to the same penalty as other charges and taxes collected by or on behalf of the District by the County of Sonoma. The Sonoma County Tax Collector may deduct reasonable administrative costs incurred in collecting the additional special tax and deposit the amounts deducted in the Sonoma County General Fund. In accordance with Article 1 (commencing with section 29300) of Chapter 2 of Division 3 of Title 3 of the California Government Code, there shall be added to the amount of the special tax an amount for the reasonable administrative costs incurred in collecting the additional special tax.

SECTION X. APPROPRIATIONS LIMIT. The appropriations limit for the District shall be increased to the sum of $5,000,000.00 for the maximum period permitted by law (four years) so the District can spend all proceeds of the special tax.

SECTION XI. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The people of the Windsor Fire Protection District hereby declare that they would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION XII. EFFECTIVE DATE.

This Ordinance shall take effect the day following its approval by two-thirds of the District's qualified voters voting on its approval at the special election on November 7, 2006.

Exhibit A

2006 SPECIAL TAX PARCEL -- USE CODE SUMMARIESRATE PER APNRATE PER SPACECHARGE BASECAP MAX LIMIT
MOBILE HOME SPACESN/A$36.00FLATN/A
VACANT LAND$36.00N/AFLATN/A
SINGLE FAMILY RESIDENTIAL$0.04N/ASQ FT$300
MULTI-FAMILY RESIDENTIAL$0.04N/ASQ FT$15,000
HOTEL/MOTEL/LODGING$0.05N/ASQ FT$15,000
WAREHOUSE$0.05N/ASQ FT$3,000
COMMERCIAL/LIGHT INDUSTRIAL$0.06N/ASQ FT$3,000
HEAVY INDUSTRIAL$0.09N/ASQ FT$3,000

USE CODE CLASSIFICATION DETAILS(as adopted and amended by the County of Sonoma)
MOBILE HOME SPACES090, 091, 092
VACANT LAND000, 001, 002, 003, 005, 006, 040, 050, 100, 101, 080, 081, 082, 016, 301, 302, 420, 422, 510, 522, 540, 560
SINGLE FAMILY RESIDENTIAL010, 013, 014, 015, 016, 017, 018, 022, 023, 051, 052, 054, 055, 056, 421, 423, 425, 471, 541, 546, 561
MULTI-FAMILY RESIDENTIAL021, 011, 031, 032, 034, 035, 041, 042, 044, 046, 511, 521, 523, 751, 752
HOTEL/MOTEL/LODGING063, 066, 067
WAREHOUSE320, 329, 352, 353, 394
COMMERCIAL/LIGHT INDUSTRIAL110, 112, 113, 120, 121, 140, 141, 152, 154, 170, 171, 175, 178, 190, 193, 198, 201, 202, 210, 213, 214, 240, 250, 255, 260, 262, 263, 283, 290, 291, 311, 350, 481, 482, 610, 630, 640, 710, 720, 722
HEAVY INDUSTRIAL254, 259, 280, 281, 310, 330, 331, 332, 361, 370, 380, 381, 391, 393


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