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El Dorado County, CA November 4, 2014 Election
Measure H
A special tax to fund wildfire prevention and suppression programs
Lake Valley Fire Protection District

Bond Issue - 2/3 Approval Required

Fail: 967 / 34.44% Yes votes ...... 1841 / 65.56% No votes

See Also: Index of all Measures

Results as of Nov 25 3:24pm, 100.0% of Precincts Reporting (9/9)
54.4% Voter Turnout (2808/5164)
Information shown below: Impartial Analysis | Arguments | Full Text

To fund wildfire suppression and prevention programs, the Angora Peak Fire Crew, and facilities and equipment repair and replacement, and to replace the existing Measure M special tax, shall an annual special tax of $120.00 per parcel (with annual inflation adjustment not to exceed 3%) be levied in the Lake Valley Fire Protection District, with the Board of Directors empowered to reduce the tax rate in any year if the maximum rate is not necessary?

Impartial Analysis from El Dorado County Counsel
This measure, if approved by 2/3 of the voters voting on the measure by mailed ballot election, would authorize a special tax on parcels of real property in the Lake Valley Fire Protection District to be used for the costs of funding wildfire prevention and suppression programs, the Angora Peak Fire Crew, and facilities and equipment repair and replacement, within the Lake Valley Fire Protection District.

This special tax would be in the amount of a maximum of $120 per year per parcel of land located within the boundaries of Lake Valley Fire Protection District in fiscal years 2015/2016 and with automatic increases in each subsequent year up to a maximum amount "in proportion to the increase in the Consumer Price Index (CPI), San Francisco Bay area for all urban consumers, most recently available prior to the date of the increase, provided, however, that this increase shall not exceed three percent (3%) in any year." And " if the Board of Directors determines that collection of the then-current maximum rate will not be necessary to fund programs of the District in any fiscal year, the Board of Directors may, by resolution adopted prior to August 10 of that fiscal year levy the tax less than the full maximum rate. Any such reduction shall not affect the maximum rate for purposes of calculating the next year's maximum rate." This special tax would replace an existing benefit assessment of $10 per vacant lot, $20 per residential lot and $40 per commercial lot, located within the Lake Valley Fire Protection District.

The special tax will be listed as a separate item on the county property tax bill for each affected parcel of land, and will be collected in the same way as the general property tax. All laws applicable to the levy, collection, and enforcement of county property taxes, including the provisions for penalties and the procedures for sale of the property in case of delinquency, shall also apply to the special tax.

State law requires the proceeds from the special tax be applied only to the identified purposes, and that an annual report be made indicating the amount of funds collected and expended and the status of any project required or authorized to be funded by the proceeds.

This measure requires an affirmative vote of 2/3 or more of all voters voting on the measure in order to pass. The measure was placed on the ballot by the Board of Supervisors of the County of El Dorado, following a recommendation by the zone advisory committee.

A "YES" vote is a vote to authorize the special tax provided in the measure.

A "NO" vote is a vote against the special tax provided in the measure.

Edward L. Knapp El Dorado County Counsel

 
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Arguments For Measure H Arguments Against Measure H
Vote YES on Measure H. Prepare for wildfire. Grant funding for the Lake Valley Fire Protection District's wildfire prevention programs is about to run out, at a time when efforts to protect the community from catastrophic wildfire are more important than ever before. Experts agree, there will be another fire like the Angora Fire. Preparing for fire saves lives, homes, and resources.

For $120 per parcel per year, the Lake Valley Fire Protection District will not need to rely solely on diminishing grant funding opportunities to maintain current programs and equipment. This funding will be earmarked for the following categories:

(i) wildfire prevention and suppression programs
(ii) the Angora Peak Fire Crew
(iii) facilities and equipment repair and replacement

Measure H funds specific programs including defensible space evaluations, tree marking, curbside chipping, and fire hazard reduction.

Measure H also supports rebates for protection efforts such as tree removal, lot clearing, and wood shake roof replacement. A YES vote for Measure H replaces Measure M from 1986, an obsolete measure which collects up to $40 per parcel per year.

The Lake Valley Fire Protection District's Board of Directors is fiscally conservative. If the Board of Directors determines that collection of the full amount of Measure H will not be necessary to fund the above mentioned programs in any fiscal year, the Board of Directors may reduce the tax amount levied. It is the desire of the Board to do this whenever feasible.

The Lake Valley Fire Protection District's programs and services benefit everyone, protecting our citizens, our homes and our way of life in the Lake Tahoe Basin. A YES vote for Measure H is a vote for protecting our community now and in the future.

Please join us in protecting our community. Vote YES on Measure H.

Dave Huber, Chair L.V.F.P.D. Martin Goldberg, Vice President, Lake Valley Professional Firefighter's Association

No arguments against Measure H were submitted.

Full Text of Measure H
RESOLUTION NO. 2014-9 OF THE BOARD OF DIRECTORS OF THE LAKE VALLEY FIRE PROTECTION DISTRICT

SUBMITTING A SPECIAL TAX MEASURE TO THE ELECTORATE AT THE NOVEMBER 4, 2014 ELECTION

WHEREAS, the Lake Valley Fire Protection District (LVFPD) has statutory authority to provide for the protection of life and property within its boundaries.

WHEREAS, because of the lack of increase in ad valorem property taxes in recent years and future growth limited by the number of buildable parcels, the LVFPD has been unable to fund capital replacements.

WHEREAS, wildfire prevention education and the development of a fire adapted community within the LVFPD is paramount in terms of reducing the threat of another catastrophic wildfire like the Angora Fire.

WHEREAS, because of the urban/forest interface, wildland fires remain one of the greatest threats to the residents of the LVFPD and fire hazard fuel reduction remains the single most important wildfire prevention strategy.

WHEREAS, Section 13911 of the Health & Safety Code and Section 50077 of the Government Code authorize the LVFPD to levy a special tax to fund its activities.

WHEREAS, the Board of Directors proposes to levy a special tax, to replace the current Measure M tax, for wildfire education, fire hazard reduction, curbside chipping, and fire crew staffing within the LVFPD and to ensure for adequate future capital replacement needs of the Fire District.

WHEREAS, the Board of Directors desires to submit the special tax to the voters of the LVFPD at the November 4, 2014 election.

WHEREAS, the special tax shall take effect only if approved by 2/3 of the votes cast on the tax measure.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors finds, determines, declares and orders as follows:

1. Upon approval by the voters as set forth in this Resolution, there shall be levied and assessed annually a special tax on each taxable parcel of property, improved and unimproved, residential and non-residential, within the LVFPD.

2. Proceeds of the special tax shall be expended only for the following purposes: (i) to fund wildfire prevention and suppression programs, (ii) to fund the Angora Peak Fire Crew, and (iii) to fund facilities and equipment repair and replacement.

3. The tax shall commence in Fiscal Year 2015-16 and shall continue in each year thereafter.

4. The maximum rate of the special tax in Fiscal Year 2015-16 shall be $120.00 per parcel. The maximum rate shall automatically increase in each subsequent fiscal year in proportion to the increase in the Consumer Price Index (CPI), San Francisco Bay Area, for all urban consumers, most recently available prior to the date of the increase, provided, however, that this increase shall not exceed three percent (3%) in any year. The special tax shall be levied, each fiscal year, at the then-current maximum rate. However, if the Board of Directors determines that collection of the then-current maximum rate will not be necessary to fund programs of the District in any fiscal year, the Board of Directors may, by resolution adopted prior to August 10 of that fiscal year, levy the tax at less than the full maximum rate. Any such reduction shall not affect the maximum rate for purposes of calculating the next year's maximum rate.

5. "Parcel of property" as used in this Resolution shall mean any parcel of land, developed or undeveloped, that is wholly or partially located within the Lake Valley Fire Protection District for which the County Assessor of El Dorado County has assigned an assessor's parcel number and levies ad valorem property taxes in any year, and includes any unit of real property held in separate ownership, which is capable of sale or transfer without further action under the Subdivision Map Act (Government Code section 66410, et seq.). All real property that is otherwise exempt from or upon which are levied no ad valorem property taxes in any year shall be exempt from the parcel tax in such year. However, the special tax shall apply to any taxable possessory interest in such exempt property. The tax imposed by this Resolution shall be a tax upon each parcel of property regardless of the type of improvement or use of the property. For time shares, each dwelling unit shall be taxed as a single parcel, with the tax divided proportionately amongst the legal parcels with occupancy rights to the dwelling unit. For purposes of the preceding sentence, a time share dwelling unit is a residential dwelling unit for which (i) the right to occupy such unit is divided into specified periods of time on a periodic basis, and (i) the right to occupy such unit for a particular period of time on a periodic basis is legally transferable.

6. The tax imposed by this Resolution shall appear as a separate item on the tax bill of each such taxable parcel and shall be collected at the same time and manner as county property taxes are collected as set forth in the applicable provisions of the Revenue and Taxation Code, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county property taxes shall be applicable to such tax. The county may deduct its reasonable costs incurred for its service before remittal of the balance to the LVFPD.

7. Upon approval of the special tax described herein, there shall be created an account into which proceeds of the tax shall be deposited. Additionally, an annual report shall be prepared in accordance with Government Code section 50075.3.

8. The following tax measure shall be submitted to the electorate at the November 4, 2014 election: "To fund wildfire suppression and prevention programs, the Angora Peak Fire Crew, and facilities and equipment repair and replacement, and to replace the existing Measure M special tax, shall an annual special tax of $120.00 per parcel (with annual inflation adjustment not to exceed 3%) be levied in the Lake Valley Fire Protection District, with the Board of Directors empowered to reduce the tax rate in any year if the maximum rate is not necessary?"

9. An election is hereby called for November 4, 2014 for the purpose of considering the measure. The Registrar of Voters is hereby authorized and directed to take all actions necessary for submit the ballot measure set forth above to the voters, to conduct the election, to canvass the results thereof, and to certify the results to the Board of Supervisors. Said election shall be consolidated with the general election occurring in the County on November 4, 2014.

10. If the tax measure is approved, the existing measure M special tax shall not be levied in Fiscal Year 2015-16 or any subsequent fiscal year in which the new special tax is levied.

11. If for any reason any provision of this Resolution, the ballot measure or the application of either document is found to be invalid, or if the special parcel tax is found inapplicable to any particular parcel by a court of competent jurisdiction, the balance of this Resolution, the ballot measure, and the application of the special parcel tax to the remaining parcels shall not be affected and, to this end, the provisions of this Resolution and the ballot measure are severable.


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Created: January 24, 2016 17:19 PST
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