This is an archive of a past election.
See http://www.smartvoter.org/ca/cc/ for current information.
LWV League of Women Voters of California Education Fund If you appreciate our service to voters, please consider helping us with a donation.
Smart Voter
Contra Costa County, CA June 5, 2012 Election
Measure S
Parcel Tax
East Contra Costa Fire Protection District

2/3 Approval Required

Fail: 7633 / 43.80% Yes votes ...... 9794 / 56.20% No votes

See Also: Index of all Measures

Results as of Jun 22 3:50pm, 100.0% of Precincts Reporting (71/71)
Information shown below: Impartial Analysis | Arguments | Full Text

To preserve existing emergency services, add paramedic services and prevent further layoffs of up to one half of existing firefighters and the closure of up to 3 additional fire stations, shall an ordinance be adopted to enact a parcel tax of $197 per year on each parcel of real property within the District, with an annual cost of living adjustment not to exceed 3% and terminating on June 30, 2023?

Impartial Analysis from County Counsel
The Board of Directors of the East Contra Costa Fire Protection District has adopted a resolution proposing a parcel tax (a qualified special tax). This ballot measure asks voters to decide whether a parcel tax should be imposed on parcels of taxable real property within the District beginning July 1, 2012.

The maximum amount of the parcel tax in fiscal year 2012-2013 would be $197.00 per parcel. Beginning in fiscal year 2013-2014, the maximum amount of the parcel tax would be increased by three (3) percent, or the change in the consumer price index for the twelve months preceding March for the year that the adjustment is made, whichever is less. The District Board would set the amount of the parcel tax for each fiscal year during its annual budget hearing.

The parcel tax would continue in effect until June 30, 2023, unless it is extended by the voters at an election. A parcel of taxable real property is any unit of real property located in the District that has a separate Assessor's Parcel Number, as shown on Contra Costa County's last equalized assessment roll on March 1 of each year. The parcel tax would not be levied on parcels that are exempt from the special tax pursuant to any provision of the California Constitution, State law, or where the District's measure is preempted by law. The measure also would enable the District Board of Directors to adopt exemptions to the tax.

The ballot measure states that the proceeds of the parcel tax will be used for the purposes of "enhancing the existing level of emergency fire prevention and fire protection services, funding capital improvements, and adding paramedic services." Proceeds from the parcel tax may be used only for the specific purposes set forth in the ballot measure and according to constitutional and statutory provisions.

State law requires the District's chief fiscal officer to file an annual report with the District's Governing Board that states the amount of funds received and expended in each year and the status of any projects required or authorized to be funded from the parcel tax proceeds. State law also requires the proceeds from the parcel tax to be deposited into a designated account.

Two-thirds of those voting on the ballot measure must approve the measure for it to pass.

A "yes" vote is a vote in favor of authorizing the parcel tax.

A "no" vote is a vote against authorizing the parcel tax.

  Debate about Measure S

Election Preview - Measure S
This election is archived. Any links to sources outside of Smart Voter may no longer be active. No further links will be added to this page.
Links to sources outside of Smart Voter are provided for information only and do not imply endorsement.

Arguments For Measure S Arguments Against Measure S
Protect Fire and Emergency Response Times.

In an emergency, seconds count. When a fire is raging or an accident happens, every minute of response time is critical. That's why it's so important to vote Yes on Measure S - to make sure firefighters, paramedics and other emergency-response personnel are there when you need them!

Without Measure S, operating with available funds will require that 50% of our firefighters be laid off and closure of up to 3 fire stations, leaving 8 firefighters (daily) to protect 105,000 residents, responding to 6,000 annual service calls. Homeowners' insurance rates will also increase.

Our Fire District provides fire protection, emergency medical services and disaster preparedness services to residents, schools and businesses throughout far East County. Brentwood, Oakley, Discovery Bay, Bethel Island, Knightsen, Byron, Marsh Creek and Morgan Territory depend on our critical emergency services. We receive 1/2 of the property-tax revenue compared to our neighboring fire district. As a result, we've been underfunded for decades and recently implemented the following cuts:

  • Closed 2 fire stations in 2010

  • Left 5 firefighting positions unfilled

  • Eliminated administrative positions

  • Deferred equipment repairs

Further cuts will increase response times, putting our homes, health and families in danger.

Measure S will allow us to:

  • Maintain adequate response times to 9-1-1 calls, fires and other emergencies

  • Avoid multiple station closures

  • Prevent the layoff of dozens of firefighters

  • Provide the necessary equipment needed to help you in an emergency

  • Add an advanced life-saving paramedic to each engine

Money generated from Measure S will remain local, purely for Fire District services, under control of your local Board Members, expiring in 10 years and can't be taken away by the State or County.

Help make sure emergency services are there when you need them. Join us and vote YES on Measure S!

Jim Frazier Oakley City Councilman

Enrico F. Cinquini Businessman/Community Leader

Robert R. Kenny Director, East Contra Costa Fire Protection District

Jim Mathers Firefighter/Brentwood Resident

Patricia I. Anderson Teacher, OUESD

Rebuttal to Arguments For
The Fire Chief has admitted this tax will not fix the problem. Even though the $197 tax could increase to more than $250 with inflation - that will not be enough.

The District has promised such an enormous service expansion that it will begin spending more than it takes in starting in 2016. That means you will be hearing the same threats of service cuts and the demands for increased taxes in just four years.

Instead of increasing taxes and spending more, the District should be looking at ways to save money by operating differently:

  • Expand the existing contract with the California Department of Forestry and Fire Protection. The District has not explored this option in recent years.

  • Use more paid on-call and volunteer firefighters to supplement the full-time staff.

  • Send fire trucks only to fires. About 70% of dispatches are for medical emergencies, which can be handled by ambulance staff rather than firefighters.

  • Cut back on generous benefits. Firefighters can retire at age 50 with an annual pension at near full salary. Pension costs are projected to increase by 65% in five years based on District projections.

  • Cancel what remains of the $120,000 contract to convince you to raise taxes through a fear campaign.

The District needs to develop a long-term plan that does not continue to rely on ever-increasing taxes.

Vote no on Measure S!

For more information see http://www.cocotax.org

Contra Costa Taxpayers Association Kris Hunt, Executive Director

Walter MacVittie Former Chair ECCFPD Transitional Advisory Commission

Dave Roberts Oakley Citizen

All agree East Contra Cost Fire Protection District has financial problems that need long-term solutions. Massively increasing staffing and adding services funded by a $197 parcel tax is not the answer. It's time for a reality check:

  • California unemployment/underemployment exceeds 21%.

  • Public agencies everywhere are privatizing services, cutting back on benefits and pensions, and doing whatever it takes to offer better value to taxpayers.

  • Parcel taxes and other fees on property tax bills are not tax deductible and the state has announced it will begin strict enforcement which will translate into millions in lost tax deductions.

This is not the time to ask taxpayers for another tax increase.

The District has spent its reserves and driven itself to the financial brink, only to offer expanded services and increased costs as "the only solution." Such tactics are intended to scare residents into approving a plan that will continue the District's financial problems by locking in additional expenses while failing to address needed pension and benefit reforms. Other cost-saving options such as moving to the state's Cal Fire agency were not seriously considered.

We normally applaud sunset clauses on tax measures, but ONLY when that tax income will no longer be required when the measure "sunsets." Unfortunately, this tax will become a fixture on the tax bills, with those annual CPI increases included.

A costly expansion in this economic environment is not good government. District residents deserve quality services at a reasonable cost. This measure fails to deliver.

Vote NO on Measure S!

For more information see http://www.cocotax.org

Contra Costa Taxpayers Association Kris Hunt, Executive Director

Rebuttal to Arguments Against
Vote Yes on Measure S to make sure that fire and emergency services are there for you when you need them most - in an emergency.

Without Measure S, we'll lose 50% of our firefighters, and more fire stations will close. Response time to fires and accidents will increase.

Seconds matter when there's an accident requiring emergency services or a fire at your home. Shorter response times save lives.

Without Measure S, your homeowner's insurance could go up as much as four times what you're currently paying. By voting Yes on Measure S, you will save money by preventing significant rate increases.

Measure S includes specific suggestions provided by the public during a series of open meetings held throughout the Fire District, like making sure the tax ends within 10 years. This measure is a well-balanced and responsible plan to bring financial stability to the East Contra Costa Fire Protection District. The Fire District has operated for as long as possible with significantly less funding than neighboring districts. They left positions unfilled, eliminated administrative positions, deferred critical repairs and closed fire stations.

Measure S will stop further cuts and will bring staffing levels up to code, by adding one firefighter per shift, allowing the Fire District to meet basic safety requirements. The tax is $197 annually, a reasonable rate when your life and safety are at stake -- and which is less than possible insurance-rate increases.

Join community leaders in Brentwood, Oakley, Discovery Bay, Bethel Island, Knightsen, Byron, Marsh Creek and Morgan Territory in Voting Yes on Measure S!

Joanne Byer Oakley Resident

Kevin Romick Mayor, City of Oakley

Joel R. Bryant Chaplain, Brentwood Police Department

Mark A. Whitlock Sr. Small Business Owner/Bethel Island Resident

Sam Somerhalder Firefighter/Oakley Resident

Full Text of Measure S
ORDINANCE NO. 2012-01

AN ORDINANCE OF THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO FINANCE FIRE PROTECTION AND EMERGENCY SERVICES AND AUTHORIZING AN INCREASE IN THE APPROPRIATIONS LIMIT FOR THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT THE PEOPLE OF THE EAST CONTRA COST FIRE PROTECTION DISTRICT DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Authority, Purpose and Intent.

Pursuant to the authority of Sections 13911 and 13913 of the California Health and Safety Code, and other applicable law, there is hereby levied and assessed a special tax by the East Contra Costa Fire Protection District on all parcels of real property in the East Contra Costa Fire Protection District for each fiscal year. It is the sole purpose and intent of this ordinance to impose a special tax for fire protection and emergency services.

Section 2. Special Tax Imposed.

A special tax for the purpose specified in Section 4 of this ordinance shall be imposed on all parcels of real property in the East Contra Costa Fire Protection District for each fiscal year, commencing with fiscal year 2012-13. The maximum amount of the special tax for fiscal year 2012-13 shall be $197.00 per parcel. Beginning with fiscal year 2013-14 and for each fiscal year thereafter, the maximum amount of the special tax shall increase by the lesser of (i) three percent or (ii) the percentage by which the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-San Jose Area published by the Bureau of Labor Statistics of the United States Department of Labor, or any successor to that index, increased in the twelve months prior to March of the calendar year in which the adjustment is made.

The records of the Contra Costa County Assessor as of March 1st of each year shall determine the use and improvement of each parcel for the calculation of the special tax applicable to that parcel in the following fiscal year.

For the purposes of this ordinance, the term "parcel" shall mean a parcel of real property having a separate assessor's parcel number as shown on the last equalized assessment roll of Contra Costa County.

Section 3. Annual levy; Public Hearing.

The Board of Directors shall annually by an affirmative vote of at least a majority of its members establish the amount of the special tax levy, in an amount that does not exceed the maximum amount specified in Section 2 of this ordinance. The special tax shall not be measured by value of the property.

The Board of Directors shall conduct a public hearing regarding the proposed annual levy of the special tax during the budget hearing for the applicable year. Notice of the public hearing shall be published in accordance with District procedures at least ten (10) days prior to the hearing.

Section 4. Special Fund, Use of Tax Proceeds.

The proceeds of the special tax imposed by this ordinance shall be placed in a special fund to be used solely for the purpose of enhancing the existing level of emergency fire prevention and fire protection services, funding capital improvements and adding paramedic services.

Section 5. Collection.

The special tax imposed by this ordinance shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Contra Costa on behalf of the East Contra Costa Fire Protection District. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the East Contra Costa Fire Protection District by the persons who own the parcel on the date the tax is due.

Section 6. Amendment.

The Board of Directors shall be empowered to amend this ordinance by an affirmative vote of at least a majority of its members to carry out the general purposes of this ordinance, to conform the provisions of this ordinance to applicable state law, to modify the methods of collection, or to assign the duties of public officials under this ordinance.

In no event shall the Board of Directors amend this ordinance to increase the maximum amount of the special tax established in section 2 of this ordinance, unless approved by two-thirds of the voters voting thereon.

Section 7. Exemptions.

The special tax shall not be imposed upon any parcel that is exempt from the special tax pursuant to any provision of the Constitution, California State law, or any paramount law. The Board of Directors by resolution may adopt exemptions to the special tax imposed by this ordinance.

Section 8. Appropriations Limit.

The appropriations limit of the East Contra Costa Fire Protection District established under Article XIIIB, Section 6 of the California Constitution shall be increased by the proceeds received from the special tax imposed by this ordinance.

Section 9. Severability.

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The Board of Directors, and the electorate by referendum, do hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional.

Section 10. Effective Date.

This ordinance shall be adopted and become effective only if approved by two-thirds of the voters voting thereon, at an election to be held on June 5, 2012.

Section 11. Termination.

Unless extended by another vote of the electorate pursuant to state law, this Ordinance shall be null and void as of twelve o'clock midnight, June 30, 2023, and shall have no force and effect whatsoever after said time and date. Notwithstanding the previous sentence, Section 5, relating to collection and enforcement of liens or obligations for the special tax procedures have been completed.

Section 12. Attestation.

The President is hereby authorized to attest to the adoption of this ordinance by singing where indicated below.

I hereby certify that the foregoing ordinance was PASSED, APPROVED AND ADOPTED by the people of the East Contra Costa Fire Protection District voting on the 5th day of June, 2012.

President

ATTEST:

District Clerk


Contra Costa Home Page || Statewide Links || About Smart Voter || Feedback
Created: July 26, 2012 13:00 PDT
Smart Voter <http://www.smartvoter.org/>
Copyright © League of Women Voters of California Education Fund   http://cavotes.org
The League of Women Voters neither supports nor opposes candidates for public office or political parties.