This is an archive of a past election. See http://www.smartvoter.org/ca/alm/ for current information. |
League of Women Voters of California Education Fund
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Measure DD Police and Fire Parcel Tax City of San Leandro Tax - 2/3rds Approval Required 13,352 / 50.5% Yes votes ...... 13,065 / 49.5% No votes
See Also:
Index of all Measures |
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Results as of Dec 15 1:28pm, 100.0% of Precincts Reporting (58/58) |
Information shown below: Impartial Analysis | Arguments | Full Text | ||||
Shall the current level of police and fire protection services be maintained at a minimum of 94 sworn police officers and a minimum of 7 fire companies by adoption of an ordinance imposing a parcel tax in an annual amount of $78 for single-family residences, $46.80 per multi-family unit and $16 per thousand square feet for industrial and commercial properties, such parcel tax to end after five and one-half years?
If approved by the voters, this tax would be collected from property owners annually. The amount of the tax varies depending on a property's use as follows:
The ordinance provides that the City will adopt administrative guidelines to assist in implementing this tax. The administrative guidelines will address how the taxing category for mixed-use property will be determined, address procedures to allow lower income senior citizen residential property owners to apply for a tax reduction, and will address matters related to the interpretation and enforcement of the ordinance. The ordinance provides a claims procedure for requesting a tax refund, and imposes penalties for untimely or unpaid taxes. This tax is a special tax. If approved by the voters, this special tax becomes effective on January 1, 2005. The ordinance will be repealed 5 1/2 years after the effective date unless previously extended by the voters. The ordinance specifies that proceeds from this special tax may only be used to fund police and fire protection services as that term is defined in the ordinance. As this tax is a special tax, it requires a "yes" vote of two-thirds of the voters to pass.
s/JAYNE W. WILLIAMS
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Arguments For Measure DD | Arguments Against Measure DD | ||
Over the past 10 years San Leandro's population has grown by more than 10,000 (14%). Today, the total of our sworn police officers and firefighters is six fewer than we had 10 years ago. Through efficient management of limited financial resources, the Police and Fire Departments have been able to respond to increasing numbers of service calls to maintain an effective level of public safety in the community.
s/ROBERT H. GLAZE Councilman s/ORVAL BADGER Vice Mayor s/GLENDA NARDINE, RN Councilmember
This Safety Parcel Tax lacks guaranteed "sunset' provisions! Vote NO on Measure DD.
s/LOU FILIPOVICH
| Unless you are a Non-Subsidized taxpayer, a renter living with-in the city, or a city home-owner, then Vote No on Measure DD.
Bear in mind, multi-family landlords, industrial and commercial property owners as a group, pay little or no tax. Businesses pass on all cost for their service or products on down to their customers. First come "rent" increases, then comes "homeowners" property tax increases, and followed by tax/cost increases due to public mandated products or services, such as Gas, Electricity, Telephone, Water and Gasoline. Again, with a disingenuous move, the city created a meaningless budget based on their "public safety parcel tax." In an effort to instill fear in the voters, the City is complaining again about lost tax revenue, which is not realized but only predicted. Also, the city continues using their same old ideas, of cutting police, fire and city libraries . . .! Let us not overlook voters of San Leandro, who themselves, have lawfully provided their own tax repeal ballot measure marked (G) for the past November 7, 2000 City election. At that time, city voters had the historic opportunity to repeal a tax that was a city enacted property tax, "without voters approval." The supporter's without unlimited cash_ cannot compete with the city's financial resources along with their total opposition and controlled election propaganda. San Leandro already has their Real Property Transfer Tax in force, and are seeking the voters approval for a similar so-called Public Safety Parcel Tax. Another tax that flies smack in the face of a renter's and homeowner's private property rights. No person, homeowner or renter and taxpayers should be penalized for San Leandro's lack in faith in taxpayer equality: The renter or homeowner of property is taxed more than enough. Do not be fooled by city political maneuvering. Vote No on Measure DD.
s/LOU FILIPOVICH
San Leandro has kept its level of police and fire personnel constant since 1997, despite a growing population and an increased number of calls for service. If Measure DD does not pass, our City will be forced to eliminate one fire company (9 firefighters) by taking one of the City's two ladder trucks out of service. We will also be forced to eliminate police officers and Police Department support staff. This is not a "scare tactic." We need your support to help maintain adequate public safety protection for all who live and work in this community. Please vote "Yes" on Measure DD.
s/SHELIA B. YOUNG Mayor
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Full Text of Measure DD | |||||||||||||||||||||||||||||||||||||||||||
ORDINANCE NO. 2004-__
AN ORDINANCE OF THE VOTERS OF THE CITY OF SAN LEANDRO ESTABLISHING A SPECIAL TAX FOR POLICE AND FIRE PROTECTION THE PEOPLE OF SAN LEANDRO, DO ORDAIN AS FOLLOWS:
SECTION I: PURPOSE, INTENT AND AUTHORITY.
This Ordinance is adopted pursuant to Government Code section 53978. The tax proposed herein shall be effective only if approved by two-thirds of the voters, as further specified herein. The tax is a special tax within the meaning of Section 4 of Article XIIIA and Article XIIIC of the California Constitution because it will be used for specific purposes. Because the burden of this tax falls upon property owners who have developed their property, or whose nondevelopment of property necessitates municipal services, this tax is an excise tax. This tax is not determined according to nor in any manner based upon the value of property. Rather, it is based on the privilege of using and the use of police and fire services by developed and some undeveloped properties and on the availability of police and fire services to developed properties within the City. The revenues raised by this tax are to be used solely (a) for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of the City; and (b) for the purposes of obtaining, furnishing, operating, and maintaining fire protection equipment or apparatus, for the costs of fire protection personnel provided by the County of Alameda, or provided by the City's own employees, and for such other fire protection service expenses as are deemed necessary for the benefit of the residents of the City.
SECTION II: FINDINGS.
The apportionment of the tax to various types of properties is based, in part, on the intensity of police and fire protection services requested for different kinds of land uses and on the average number of occupants of a parcel of each type of property. The Council finds that users of residential property typically generate more calls for service from the police and fire departments. Therefore, it is appropriate for the residential property owners to bear a higher percentage of the burden on residential property owners. The rates are not tailored to individual use both because such tailoring is not administratively feasible and because the City must make police and fire protection services available to all parcels and owners of parcels equally. The Council finds that lower income residential property owners may be disproportionately affected by this tax, as a higher proportion of these owners will be on a fixed income. The Council has determined that it is appropriate to permit lower income residential property owners to apply to the City for a reduced tax rate. The Council finds that the operators of non-educational facilities and places of worship operate without a margin for profit and in a manner that provides many community benefits. The Council has determined that owners of property used for non-profit educational uses and places of worship shall be subject to the tax at a lower rate than that charged to other improved parcels. Parcels that are unimproved contain no occupants who may avail themselves of police services, but they generally require some police and fire protection services to protect property and may be the response site of rescue calls to either or both the police and fire departments. Accordingly, the Council has determined that owners of unimproved parcels shall be subject to this tax at a lower rate than is placed on improved parcels. By approving this Ordinance, the People of the City of San Leandro confirm and adopt these findings in this Section II.
SECTION III. DEFINITIONS.
A. "Developed" shall be defined in administrative regulations adopted pursuant to this Ordinance.
SECTION IV: AMOUNT AND LEVEL OF TAXES.
1 See Exhibit A, in sample ballot, for description of use codes. The tax on mixed-use property shall be based on the predominant use of the property. The exact procedure for determining the predominant use shall be defined more specifically in administrative guidelines adopted pursuant to this Ordinance. The City Council shall adopt administrative guidelines that will allow lower income residential property owners to apply for and receive a reduction in the tax not to exceed 40% of the amount of the tax paid by the property owner. As authorized by Government Code section 53739(b), annually each July, the City Manager shall adjust the tax rates for each land use type listed in this Section by applying the percentage increase, if any, in the annual Consumer Price Index for Urban Wage and Clerical Workers (CPI-W) for the San Francisco/Oakland Bay Area. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section V, below.
SECTION V: COLLECTION AND ADMINISTRATION.
The City is authorized, at its option, to have the taxes imposed by this Ordinance collected by the County of Alameda in conjunction with and at the same time and in the same manner as the County's collection of property taxes for the City of San Leandro. If the City elects to so collect the tax, penalties and interest shall be those applicable to the nonpayment of property taxes. Regardless of the method of collection, in no event shall anything herein be construed to impose a tax lien on the Parcel to secure payment of the tax.
SECTION VI: USE OF TAX PROCEEDS.
SECTION VII: DETERMINATION OF USES.
SECTION VIII: EXEMPTIONS.
SECTION IX: REFUNDS-CLAIM REQUIRED.
SECTION X: UNTIMELY OR UNPAID TAXES.
The amount of any tax or penalty imposed under the provisions of this Ordinance shall be deemed a debt to the City. Any person owing money under the provisions of this Ordinance shall be personally liable for such amount in any action brought in the name of the City for the recovery of the amount owed. The City will be entitled to recover from the person against whom such an action is brought its costs incurred in connection with such action including its reasonable attorney's fees.
SECTION XI: APPROPRIATIONS LIMITATION.
SECTION XII: ADMINISTRATIVE INTERPRETATION.
SECTION XIII: SAVINGS CLAUSE.
SECTION XIV: AUTHORITY FOR ORDINANCE.
SECTION XV: CHALLENGE TO TAX.
SECTION XVI: ELECTION REQUIRED FOR TAX TO BE EFFECTIVE.
SECTION XVII: EFFECTIVE DATE AND REPEAL DATE OF TAX.
APPROVED by the following vote of the People of the City of San Leandro on November 2, 2004: ADOPTED by Declaration of the vote by the City Council of the City of San Leandro on __________, 2004:
Members of the Council:
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