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Mendocino County, CA November 4, 2014 Election
Measure O
Fire Equipment Tax Levy
City of Fort Bragg
2/3 Approval Required

Pass: 1394 / 77.92% Yes votes ...... 395 / 22.08% No votes

See Also: Index of all Measures
Results as of Nov 4 10:10pm, 0.0% of Precincts Reporting (0/19)
Information shown below: Impartial Analysis | Arguments | Full Text

To maintain the City's fire suppression capabilities and its program to replace fire trucks and equipment on a schedule that keeps response times low, with positive effects on property owner insurance rates, shall the expiring Fire Equipment Tax Levy be extended for 10 years and the rate increased to $22 per parcel with all revenue restricted to those local purposes?

Impartial Analysis from Acting City Attorney
The City Council of the City of Fort Bragg placed Measure O on the November 4, 2014 ballot to ask voters of the City of Fort Bragg ("City") to approve the continuation of the existing Fire Equipment Acquisition Tax. Measure O would authorize the tax for another 10 years at the rate of $22 per parcel annually for all types of property located in the City ("Tax"). The Fire Equipment Acquisition Tax was originally approved by the voters in 1983 and was most recently extended for an additional ten (10) years in 2005. It is currently set to expire in June 2015, unless the voters approve another extension. Use of the proceeds of the Tax is restricted to acquiring fire suppression equipment for use by the Fire Department. According to reports prepared by the Fire Department, the Fire Equipment Acquisition Tax has made it possible for the Fire Department to maintain a regular schedule of fire vehicles/apparatus replacement, which in turn has allowed it to improve response times. If voters approved Measure O, the Tax would be extended for an additional 10 years, until June 30, 2025. The rate would be increased from $18 to $22. Proceeds of the Tax would be placed into a separate fund or account and could be used only for the acquisition of fire suppression equipment for use by the Fire Department. The City Treasurer would be required to file a report with the City Council at least annually that states the amount of funds collected by the Tax, the amount expended, and the status of the acquisition of fire suppression equipment. Funds from the Tax collected in one year but unused would be available in the subsequent year for acquisition of fire suppression equipment. The City would be authorized to continue the practice of having the Tax collected by Mendocino County on the property tax bill. If collected in that manner, the County would remit the funds collected to the City. Because the use of Measure O funds is legally restricted to the acquisition of fire suppression equipment for the use of the City's Fire Department, the tax is considered a "special tax." Under applicable provisions of the California Constitution, Measure O would only be approved if two-thirds of the voters voting on the question vote "Yes." A "Yes" vote is a vote to approve an extension of the Fire Equipment Acquisition Tax for 10 years at the rate of $22 per parcel of real property in the City, with annual review and reporting by the City Treasurer. A "No" vote is a vote against the tax. Measure O would be approved if it received at least a two-third's majority of "Yes" votes. The above statement is an impartial analysis of Measure O. If you desire a copy of the ordinance, please call the elections official's office at 707-961-2823, extension 115 and a copy will be mailed at no cost to you.

DATED: July 15, 2014

s/Jason Rosenberg Jason Rosenberg, Acting City Attorney City of Fort Bragg

  
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Arguments For Measure O Arguments Against Measure O
Support the Fort Bragg Volunteer Fire Department! Vote "YES" on Measure O to keep modern fire equipment available for Fort Bragg's volunteer fire-fighters. Thirty years ago, City voters established a $15 per parcel tax to fund replacement of fire equipment. Ten years later, prior to its "sunset", voters renewed the parcel tax. In 2004, voters renewed the parcel tax for another ten year period and increased it to $18 per parcel. That measure is set to expire in 2015, so it is time, once again, for the voters to show their support for the excellent fire protection and emergency services provided by the Fort Bragg Fire Department. The Fire Department has a 25-year plan for replacing aging fire trucks. The plan assumes a 25-year service life for a fire truck, and accounts for replacement costs and inflation over the next decade. The proposed parcel tax of $22 per year will fund Fort Bragg's share of the Fire Department's equipment replacement needs for the next 10 years. Each citizen has an interest in ensuring that the Fire Department has modern, reliable equipment to support the volunteers' efficient response capabilities and to ensure that property insurance rates remain reasonable. Fort Bragg's low ISO (Insurance Services Office) rating is due, in part, to its fleet of engines. A "YES" vote on Measure O will set a $22 per parcel tax for the next decade. We are fortunate to have a very dedicated and competent volunteer Fire Department that works tirelessly to protect lives and property in the City of Fort Bragg. Each citizen has an interest in ensuring that the Fire Department has modern, reliable equipment for its use. Vote "YES" on Measure O to continue the regular replacement of aging fire equipment.

s/Steve Orsi Steve Orsi, Fire Chief Fort Bragg Fire Protection Authority

s/Dave Turner Dave Turner, Mayor City of Fort Bragg

s/Scott Deitz Scott Deitz, Councilmember City of Fort Bragg

No arguments against Measure O were submitted.

Full Text of Measure O
WHEREAS, Chapter 3.30 ("Fire Equipment Tax Levy and Expenditure") of the Fort Bragg Municipal Code, a measure which was originally passed by two-thirds of the voters voting on the proposition at an election held on Tuesday, November 8, 1983, shall expire with the fiscal year 2014-15 ending June 30, 2015; and WHEREAS, the City Council wishes to increase the Fire Equipment Tax levy from $18 to $22 per parcel; and WHEREAS, it is the intent of the Fort Bragg City Council in passing this Ordinance to continue for ten (10) years the parcel tax for Fire Equipment Tax Levy and Expenditure. The tax has raised sufficient funds to undertake a fire equipment acquisition program that has been beneficial in strengthening the fire suppression capabilities of the Fort Bragg Fire Department, but additional funds are necessary for the City to able to maintain the fire equipment acquisition program; and WHEREAS, if a measure approving the continuation and increase of this tax is passed by two-thirds of the voters voting on the proposition at an election held on Tuesday, November 4, 2014, this Ordinance shall take effect on July 1, 2015. NOW, THEREFORE, the City Council ordains as follows:
Section 1. The Fort Bragg Municipal Code Chapter 3.30 is hereby amended and restated in its entirety as follows:

"Chapter 3.30 FIRE EQUIPMENT TAX LEVY AND EXPENDITURE Sections:
3.30.010 Authority to adopt measure.
3.30.020 Authorization to levy special fire equipment acquisition tax.
3.30.030 Tax rate/method of assessment.
3.30.040 Collection.
3.30.050 Funding and expending proceeds.
3.30.060 Increase appropriations limit.
3.30.070 Unexpended residue.
3.30.080 Severability.
3.30.090 Duration, amendment or repeal.

3.30.010 AUTHORITY TO ADOPT MEASURE. This chapter and the tax authorized in this chapter is adopted pursuant to the provisions of Cal. Government Code Article 3.5 of Chapter 1 of Part 1 of Division 1 of Title 5 (§§ 50075 through 50077.5), and the California Constitution Article XIII(B), Section 4.
3.30.020 AUTHORIZATION TO LEVY SPECIAL FIRE EQUIPMENT ACQUISITION TAX. In any fiscal year commencing on or after 7-1-2015, the City Council shall levy a special tax for the fiscal year on each parcel of real property within the City in the manner provided in this chapter. This special tax shall be in addition to the annual tax rate allowed by law. Revenues derived from the special tax shall be used exclusively for the acquisition of fire equipment for use by the Fire Department.
3.30.025 AUTHORIZATION TO LEVY SPECIAL FIRE EQUIPMENT ACQUISITION TAX. All proceeds of the tax levied and imposed hereunder shall be accounted for and paid into a special fund or account designated only for the acquisition of fire equipment for use by the Fire Department. Pursuant to Cal. Government Code § 50075.3, the City Treasurer shall file a report with the City Council at least once a year stating the amount of funds collected and expended, and the status of the acquisition of fire equipment as authorized by this chapter. This section is intended to satisfy the accountability requirements of Cal. Government Code §§ 50075.1 and 50075.3.
3.30.030 TAX RATE/METHOD OF ASSESSMENT. In any fiscal year commencing on or after 7-1-2015, the City Council shall, by resolution, fix a special tax upon all parcels within the city in an amount of $22 per parcel of real property within the City not exempted by law for purposes of acquisition of fire equipment.
3.30.040 COLLECTION. The City Council may elect to have any special tax authorized under this chapter collected either by the City, or in the alternative, by the Tax Collector of the county.
3.30.050 FUNDING AND EXPENDING PROCEEDS. Proceeds of any tax levied under this chapter shall be set apart in a special fund and expended only for the purpose of acquisition of fire equipment for use by the Fire Department, after deducting the costs of the 11-4-2014 special election.
3.30.060 INCREASE APPROPRIATIONS LIMIT. Pursuant to California Constitution Article XIII(B), the appropriations limit for the City will be increased by the aggregate sum collected by levy of this special tax in each of the years covered by this chapter.
3.30.070 UNEXPENDED RESIDUE. Unexpended residue of any money raised by the City under this chapter in any fiscal year may only be used in a succeeding year for the purposes stated in this chapter.
3.30.080 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such a decision shall not affect the validity of the remaining portions of the chapter.
3.30.090 DURATION, AMENDMENT OR REPEAL. A. The authorization to levy a tax under this chapter shall expire with the fiscal year ending 6-30-2025. This chapter, or any provision thereof, may only be amended or repealed by approval of 2/3 of the voters voting on the proposition at any initiative or referendum election. B. This chapter shall be adopted and go into effect on 07-01-2015 if it is approved by two-thirds of the voters voting on the proposition at an election to be held on Tuesday, 11-4-2014, and if the City Council has declared that the measure was approved by 2/3 of the voters voting thereon. Section 2. It is the intent of the Fort Bragg City Council in passing this Ordinance to continue for ten (10) years the Fire Equipment Tax Levy and Expenditure Ordinance as approved by a two-third vote of the voters voting on the proposition at an election that was held on Tuesday, November 8, 1983. It is also the intent of the Fort Bragg City Council to increase the levy from $18 to $22. This tax has raised sufficient funds to undertake a fire equipment acquisition program that has been beneficial and strengthened the fire suppression capabilities of the Fort Bragg Fire Department. Section 3. This Ordinance shall become effective on July 1, 2015 as a tax measure, subject to its approval by the voters provided herein, and shall be retained on file in the Office of the City Clerk. Section 4. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause it to be published at least once in a newspaper of general circulation published and circulated in the City of Fort Bragg. The foregoing Ordinance was introduced by Councilmember Courtney at a regular meeting of the City Council of the City of Fort Bragg held on June 9, 2014, and adopted at a regular meeting of the City of Fort Bragg held on June 23, 2014, by the following vote:

AYES: Councilmembers Courtney, Deitz, Hammerstrom, Kraut and Mayor Turner NOES: None. ABSENT: None. ABSTAIN: None.

s/Dave Turner Dave Turner Mayor

ATTEST:
s/Cynthia M. VanWormer Cynthia M. VanWormer, MMC City Clerk

PUBLISH: July 3, 2014

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