The Santa Rosa Press Democrat

• Rincon fire district tax on ballot

Now the Fire Department needs your help. For the past several years the revenue available has not kept pace with the cost of providing the services we expect from our Fire Department.

There are several reasons why revenues have fallen behind expenditures: 1) the 2 percent annual increase allowed by Proposition 13 has not kept pace with inflation; 2) in 1992 the Legislature created the Educational Revenue Augmentation Fund (ERAF), so that a portion of the property tax money, which would otherwise go to the Fire Department, is diverted to school districts; 3) with encouragement of the Legislature, the County recovers a portion of its ERAF losses by charging Special Districts for services once performed at County cost.

These charges include property tax administration (yes they charge the Fire Department for collecting and handling property taxes) and emergency dispatching (911). For every call for help through 911 operators, the Fire Department is charged about $40.00. Last year Rincon Valley's total dispatch cost was over $78,000, and property tax administration was over $40,000. These are in addition to a loss of over $106,000 to ERAF.

Even if ERAF and the County charges were ended, the effects of inflation would remain. Funds would still not be available to replace aged fire engines and support vehicles, hire firefighters to meet local staffing needs (which were recently impacted by new federal regulations), and to rehabilitate or replace outdated fire stations. The Fire Department needs your help. Please vote yes on measure T.

s/ Nick Esposti, Retired 4th District Supervisor
s/ Douglas L. Whited, Retired School Superintendent
s/ Shari DeGraffenreid, Bellevue Community Taxpayer
s/ Carl J. Lawson, Retired Fire Chief
VOLUNTEER FIREFIGHTERS ASSOCIATION,
s/ Spencer Andreis, President

1

AN ORDINANCE OF THE RINCON VALLEY FIRE PROTECTION DISTRICT AUTHORIZING IMPOSITION OF A SPECIAL TAX TO ASSIST IN MEETING THE COSTS OF PROVIDING AUTHORIZED SERVICES AND EXERCISING THE OTHER RIGHTS AND POWERS OF THE DISTRICT

The people of the Rincon Valley Fire Protection District ordain as follows:

SECTION 1. DEFINITIONS.

For the purposes of this ordinance, the following words and phrases 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 Rincon Valley Fire Protection District.

District means the Rincon Valley Fire Protection District in Sonoma County, California.

Dwelling unit 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. Dwelling unit does not include a tent, travel trailer, recreational vehicle, or similar vehicle or structure.

Floor area 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.

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.

Special tax means the special tax authorized by and imposed pursuant to this ordinance. The 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 11. AUTHORITY.

This ordinance is adopted pursuant to Article XIII A, 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 I of Title 5 of the California Government Code.

SECTION 111. DETERMINATION OF NECESSITY.

The amount of revenue available to the District from property taxes is inadequate to meet the cost of providing services pursuant to Section 13862 of the California Health and Safety Code, and the District must establish a 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 special tax authorized herein shall be imposed 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 the 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 levy a 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 special tax may be levied at a rate not to exceed $36.00 for the first dwelling unit and $12 for each additional dwelling unit for residential use property and $ 0.05 per square foot of building area for commercial and industrial use property. The 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 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 special tax, the Board of Directors shall cause a report to be prepared showing each parcel of real property subject to the special tax, the owner(s) thereof, the land use classification applied thereto, and the proposed levy thereon. Upon the receipt of such 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 VII 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. 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 VIII. COLLECTION.

The 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 special tax and deposit the amounts deducted in the Sonoma County General Fund.

SECTION IX. 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 Rincon Valley 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 anyone or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION X. EFFECTIVE DATE.

This Ordinance shall take effect immediately upon its confirmation by two-thirds of the qualified voters voting on its approval at the special election on November 7, 2000.

See the Voter Pamphlet for Exhibits.