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LWV League of Women Voters of California Education Fund
Smart Voter
Santa Cruz County, CA November 4, 2008 Election
Measure E
Santa Cruz City Clean Beach tax
City of Santa Cruz

2/3 Approval Required

Pass: 23,112 / 76.25% Yes votes ...... 7,200 / 23.75% No votes

See Also: Index of all Measures

Results as of December 2 4:43pm, 100.00%% of Precincts Reporting (38/38)
Information shown below: Fiscal Impact | Official Information | Impartial Analysis | Arguments |

To protect public health and the environment by reducing pollution, trash, toxics and dangerous bacteria in our river, bay and ocean; helping to keep beaches clean; protecting fish and wildlife habitat; shall the City of Santa Cruz adopt a Clean River, Beaches and Ocean Tax, with revenues spent locally under independent citizen oversight? The annual rates will be $28 for single-family parcels, $94 for other developed parcels, and $10 for undeveloped parcels.

Fiscal Impact from City Finance Director:
The proposed Clean River, Beaches and Ocean Tax, if approved by voters, will be first levied on January 1, 2009, and will be first collected in connection with the annual County tax bills issued in November 2009. It will subsequently be assessed and collected on the same dates during all subsequent years that the tax ordinance is in effect. If adopted by the voters during the City's 2008-2009 fiscal year, the tax ordinance will have no retroactive effect and will be applied prospectively commencing on January 1, 2009. The tax will produce approximately $626,000 for the 2009-2010 fiscal year and approximately the same amount for each year thereafter. Revenues generated would be used exclusively for the purpose of reducing and preventing water pollution and managing stormwater runoff, as well as complying with local, state and federal regulations relating to the aforementioned purpose.

s/ Sandra Benoit
Finance Director
City of Santa Cruz

Official Sources of Information

Impartial Analysis from City Attorney
This ballot measure, if adopted by the voters, would result in the imposition of a special parcel tax on each parcel of property in the City of Santa Cruz. The tax would not be imposed upon parcel owners who are exempt from local taxation by virtue of the United States or California Constitution. The tax proceeds would be deposited into a special segregated "Clean River, Beaches and Ocean Parcel Tax Fund" to be maintained and administered by the City. Tax proceeds would be used exclusively for the purposes of: reducing and preventing water pollution and managing stormwater runoff, including but not limited to, improved management practices for protection of watersheds and water quality; maintenance, capital improvements, environmental restoration and upgrades to stormwater collection, conveyance, management and treatment systems; implementation of stormwater best management practices; public education and outreach activities intended to prevent or reduce water pollution; compliance with local, state and federal stormwater regulations; and underwriting costs associated with the administration, enforcement and amendment of the subject tax ordinance.

The ballot measure proposes the following annual parcel taxation rates:

  • parcels developed with a single family dwelling: $28 per year
  • parcels developed for uses other than single family dwelling: $94 per year
  • vacant parcels/park parcels: $10 per year

The tax would be levied so long as tax revenue is necessary to pay for any financing of capital improvements undertaken to obtain the objectives for which the tax is levied or as long as tax revenue is necessary to underwrite any services undertaken for which the tax is levied.

The tax ordinance would require the City Council to designate a citizens' oversight committee to review the ongoing use of tax proceeds, would require the City's Finance Director to file annual reports with the City Council summarizing the amount of tax proceeds collected and expended as well as the status of any projects funded with tax proceeds, and would require an annual audit by an independent public accounting firm to assure the proper disbursement of tax proceeds in accordance with the objectives and purposes of the tax ordinance.

The City Council is proposing the tax on the basis of its finding, among others, that the reduction of pollution, trash, toxics and dangerous bacteria in our streams, river, bay, ocean and on our beaches is necessary to protect public health and safety, to protect fish and wildlife habitat, to protect the environment, and to protect the quality of life and economic vitality of the city.

This ballot measure proposes a "special purposes tax" rather than a "general tax" and therefore requires a two-thirds (2/3) majority for adoption.

Date: August 8, 2008
s/ John G. Barisone
City Attorney

  News and Analysis

Santa Cruz Sentinel

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Arguments For Measure E Arguments Against Measure E
We love Santa Cruz for its beaches, ocean and natural beauty. Our local economy and community's health depend on protecting this beautiful environment.

Each year our streets and parking areas produce pollutants which enter the river and ocean. It's time to prevent and treat this pollution in order to protect our public health, fish and wildlife.

  • Measure E will help keep our water clean, protect our children and families, and reduce contamination of our river, beaches and ocean by dangerous bacteria and toxic substances.
  • Measure E will improve our storm drains and reduce stormwater pollution before it reaches the beaches and the Monterey Bay Marine Sanctuary.
  • Measure E will help prevent pollution in the San Lorenzo River, provide for removing trash and debris, and help restore its natural environment.
  • Measure E keeps ocean waters cleaner for surfers, swimmers, and all ocean activities.

Strict new state regulations have increased the requirements for clean-up of beaches and ocean pollution. Measure E allows our community to continue its leadership in protecting our beaches, ocean and river. Without Measure E, cuts in other vital services will need to be made as the City fulfills these new requirements.

Measure E is an investment in our community's future. It will fund engineering, cleaning and restoration projects to ensure that our commitment to clean ocean, beaches and river continues for future generations.

All the funds raised by Measure E will be subject to review by an independent Citizen's Oversite Committee, and will be spent in our community.

Surf City needs your help. Join us in voting Yes on Measure E to protect the unique and priceless environment we call home.

Vote Yes on Measure E -- for today and the future.

s/ Jack O'Neill
O'Neill Wetsuits, O'Neill Sea Odyssey
s/ Laura J. Kasa
Executive Director, Save Our Shores
s/ Joseph Marini
President Marinis At The Beach
s/ Lisa C. Sloan
Professor of Earth & Planetary Sciences;
Director, Climate Change and Impacts Laboratory
s/ Fred Keeley
Trustee, California Ocean Science Trust

Rebuttal to Arguments For
Beach closures and contamination warnings at Cowell and Main Beach resulting from polluted runoff are as frequent as ever, even though we have been paying a Stormwater Fee since 1994 for essentially the same purposes as those mentioned to justify this new Tax. It has not been shown that it is a lack of money that has prolonged this unhealthy situation.

This Tax was drafted with no public participation. It has been sprung on the public, with the promise that adding a new Tax on top of an existing Fee is going to meet lofty, but vague, environmental goals.

The proponents' argument that there will be a Citizen's Oversight Committee rings hollow because the Committee will not have the ultimate decision-making power.

Some think that this new tax will bring environmental progress, but which specific improvements will it actually deliver? In the case of the present Stormwater Fee, its foremost purpose was "to improve water quality of surface water and stormwater runoff," but instead the Fee was redirected to fund, mostly, replacement/retrofit of bridges. This new Tax may suffer the same fate.

Here is an alternate plan: instead of a new Tax for nonspecific generalities, let us use the revenue from the existing Stormwater Fee for specific pollution abatement projects for the next few years; show visible results; identify and plan specific projects for the longer term, and then evaluate whether additional tax revenue is truly needed.

Until then, vote NO.

s/ Aldo Giacchino

While we certainly need to reduce storm water pollution, the purposes of these Tax dollars are nonspecific. The first priority is to develop specific plans, with public input, and evaluate the available/additional fiscal resources needed. Through this Special Tax the City reverses the process. It taxes us first, then determines what to do.

The City already imposes a Fee to fund stormwater runoff projects. The "Santa Cruz City Storm Water Enterprise Utility Fee" has been on our property tax bills since 1994. It has been used to improve San Lorenzo River bridges and levees, but it has not produced any visible storm water pollution abatement. Now that the bridges and levees are restored, this existing Fee should fund stormwater projects, as originally promised. The new Tax is a ruse to get additional money, on top of the existing levy, without any specific improvement guarantee.

Runoff is largely caused by factors such as parcel size, area covered by buildings and pavement. The existing Fee recognizes this through a non-single-family dwelling rate of $261.08 per acre. The proposed new Tax is arbitrary and does not consider parcel size. The rate for shopping centers, big box stores, commercial, industrial, and parking lots, is only a flat $94 per parcel, while the rate on single family dwellings is $28. By failing to give proportionate weight to the factors that generate runoff, the proposed Tax is grossly discriminatory against single family dwellings.

This Measure imposes the Tax for the fiscal year which began last July, even though voters will not vote on it until November. The retroactive imposition of the tax violates the constitutional provision (Art. 13C) that no Special Tax may be imposed until approved by the voters.

Vote No. Insist on a fair program and specific deliverables. No more blank checks.

s/ Aldo Giacchino

Rebuttal to Arguments Against
Respected voices from business, environmental and community organizations agree;

Measure E demonstrates sound planning for environmental protection. Over the years, Santa Cruz has made steady progress in protecting our river, ocean and beaches, based on thorough environmental and engineering work plus extensive public process.

Measure E will fund NEW environmental cleanup measures required by the California Water Quality Board and Federal Environmental Protection Agency.

The existing Stormwater Fee has a dual purpose: flood control and stormwater cleanup. Since 1994 this fee has helped fund San Lorenzo River levee improvements, reconstruction of bridges to reduce flooding hazard, and related projects. $4.5 million generated by this fee has leveraged over $60 million in state and federal funds to benefit our community and environment.

Unfortunately, inflation since 1994 has severely limited the existing Stormwater Fee's ability to fund new, necessary water quality measures. The City has developed a detailed Stormwater Management Program for future work. (http://www.ci.santa-cruz.ca.us/pw/Stormwater2008/index.html,) With State approval, this plan will guide spending of Measure E funds.

Measure E is fiscally responsible. It creates a separate fund to ensure that revenues are spent appropriately. An independent Citizens Oversight Committee ensures the cost-effectiveness of required pollution prevention and cleanup. And contrary to opponents' claims, Measure E is not retroactive; it won't appear on tax statements until 2009.

The modest flat rate structure reflects shared responsibility for water cleanup costs. It's a reasonable solution for necessary protection of our watersheds, river, beaches and ocean.

Vote YES on E.

s/ Dan Haifley
Co-chair, Clean Water Campaign
s/ Mary Silver
Prof. UCSC-Ocean Sciences
s/ Laura Kasa
Executive Director, Save Our Shores
s/ Stefano Carniglia
Owner Carniglia's on the Wharf
s/ Nik Strong-Cvetich
Associate Director Coastal Watershed Council


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