LWV League of Women Voters of California
Smart Voter
Alameda, Contra Costa, San Francisco Counties, CA November 5, 2002 Election
Measure BB
Seismic Safety
San Francisco Bay Area Rapid Transit District

Bond Issue - 2/3 vote

485,782 / 64.5% Yes votes ...... 267,778 / 35.5% No votes
   209748 (66.8%) Yes / 104376 (33.2%) No in Alameda County
   135,424 (54.9%) Yes / 111,235 (45.1%) No in Contra Costa County
   140,610 (72.94%) Yes / 52,167 (27.06%) No in San Francisco County

See Also: Index of all Measures

Results as of Dec 3 3:27pm, 100.0% of Precincts Reporting (2164/2164)
  Includes 1092/1092 Precincts in Alameda County as of Nov 15 4:54pm
  Includes 1072/1072 Precincts in Contra Costa County as of Dec 6 2:34am
  Includes Precincts in San Francisco County
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement |

To protect public safety, preserve mobility for Bay Area residents and keep traffic moving in the event of a major earthquake, shall the San Francisco Bay Area Rapid Transit District be authorized to issue bonds not to exceed $1.05 billion to seismically retrofit, strengthen, improve, and replace BART facilities serving Alameda, Contra Costa, and San Francisco Counties, and establish an independent citizens' oversight committee to review and report bond expenditures to the public?

Impartial Analysis
Measure BB, a San Francisco Bay Area Rapid Transit District ( "BART ") bondmeasure, seeks voter approval to authorize BART to issue general obligation bonds in series over time in an aggregate principal amount not to exceed$ 1,050,000,000, at interest rates not exceeding the statutory maximum ( 12% ) ,to strengthen, seismically retrofit, improve and replace BART facilities servingAlameda and Contra Costa Counties and the City and County of San Francisco. Funds from the bonds cannot be used for BART general operating or administrative expenses. To ensure that bond money is properly spent if this measure is passed, an independent citizens oversight committee will be appointed to review independent audits of the bond program and report bond expenditures to the public.

Section 1( b) of Article XIIIA of the California Constitution provides an exception to the one percent property tax limit by allowing special districts to increase the property tax rate above one percent to pay off bonded indebtedness only for the purchase or improvement of real property. Pursuant to Section 29169 of the California Public Utilities Code and Section 1 of Article XIIIA, the proposed measure shall become effective only upon the affirmative vote of two- thirds of those electors voting on the measure.

If the measure is approved, BART will be authorized to issue bonds in an amount not to exceed $ 1.05 billion. It is expected that the bonds would be issued in series over time. The bonds will have a maturity not exceeding thirtyfive ( 35) years from the issue date of the bond.

Approval of this measure would authorize BART to levy an ad valorem tax on the assessed value of real property within the BART District by an amount needed to pay the principal and interest on these bonds. The estimate of the tax rate required to be levied to fund the bonds in each year throughout the term of authorization would range between 0. 331 cents per 100 dollars of assessed valuation ( $ 3.31 per $ 100,000) and 1.416 cents per 100 dollars of assessed valuation ( $ 14.16 per $ 100,000) as set forth more fully in the measure 's Tax Rate Statement in this Voter Pamphlet.

The Tax Rate Statement for Measure BB in this voter pamphlet reflects the BART District 's best estimates, based upon currently available data and projections, of the property tax rates required to service the bonds in the first year in which taxes are expected to be levied to pay debt service on the bonds. The year in which the tax is expected to be highest, and the year following the last expected issuance of bonds, all as required by statute.

If two-thirds of the qualified electors voting on this measure do not vote for approval, the measure will fail and BART would not be authorized to issue the bonds to fund seismic improvements.

s/ RICHARD E. WINNIE
County Counsel of Alameda County

The above statement is an impartial analysis of Measure BB. If you desire a copy of the full text of Measure BB, please call the BART District Secretary at ( 510) 464- 6096, and a copy will be mailed at no cost to you.

  News and Analysis

Daily Californian

Oakland Tribune Mercury News KQED-FM 88.5 San Francisco Public Radio Partisan Information

Bay Area Rapid Transit District (BART)

Alliance of Contra Costa Taxpayers
Suggest a link related to Measure BB
Links to sources outside of Smart Voter are provided for information only and do not imply endorsement.

Arguments For Measure BB Arguments Against Measure BB
A Yes vote on Measure BB is a vote to protect lives in an earthquake.

A YES vote on Measure BB will keep BART up and running and keep traffic and our economy moving.

In 1989, we learned just how vulnerable the Bay Area is to traffic gridlock following a major earthquake. BART is the backbone of Bay Area transportation, carrying 45% of all Transbay traffic during the peak commute. If BART were put out of service, traffic jams would choke the region. It would threaten jobs and impair emergency response. It would affect our quality of life, forcing commuters to spend more time in traffic and less time with our families. Earthquake safety experts say modern engineering methods will help keep the system up and running after a major temblor #but only if we Vote YES onMeasure BB.

A YES vote on Measure BB will benefit all of us, whether we use BART or not. It will strengthen the Transbay Tube under San Francisco Bay and make other seismic safety improvements to 30- year- old elevated tracks, older stations, and other BART facilities.

Funds from a YES vote on Measure BB will be dedicated only to seismic safety projects recommended by geologists, safety experts and engineers.

A YES vote on Measure BB will protect your investment with an independent oversight committee to make sure every cent goes to seismic repair and safety. We all know there will be earthquakes in the future. Now is the time to prepare,by voting YES on Measure BB.

Vote YES to protect lives.

Vote YES to keep traffic moving.

Vote YES to protect our investment in BART.

Vote Yes to keep our economy strong.Vote Yes on Measure BB. For our Safety. For our Future.

s/ JOEL KELLER
BART Board of Directors, President

s/ DR. JACK P. MOEHLE, PhD
Pacific Earthquake Engineering Research Center, Director

s/ MARK C. SHAW
East Bay League of Conservation Voters, President

s/ EVA ALEXIS BANSNER
League of Women Voters of the Bay Area, President

Rebuttal to Arguments For
Preserving lives, maintaining economic vitality, and avoiding gridlockshould be priorities for BART PASSENGERS, too - including tourists and other riders from outside BART 's District area! Yet Measure BB demands more tax dollars only from property owners ( and indirectly, renters) - BART riders or not - in San Francisco, Alameda County, and Contra Costa County.
•Presuming BART 's updated seismic studies to be valid, small passenger- fare surcharges on 92,000,000 current passenger trips annually could fund seismic retrofits. After all, BART 's passengers, all tax-subsidized, don 't pay everyone else 's earthquake or traveler 's insurance.
Taxes and bridge tolls funded BART 's construction. Property and sales taxes still fund 47% of BART 's $ 451 Million operating budget( including $ 57 Million in debt service on existing bonds) - versus 47% of $ 301 Million ( $ 30 Million debt service) 5 years ago.
In 30 years, earthquakes haven't caused significant BART interruptions. But strikes by BART's richly compensated employees have #6 days in 1997, 3 months in 1979.
•During 1989's Loma Prieta quake, BART engineers reported, "All BART facilities performed well,"
having been constructed "to a higher level of seismic resistance than prevalent practice." Transbay Tube passengers "didn't even sense there had been a major earthquake."
Especially during deep recessions, taxing authorities should stop ganging up on taxpayers. . . .
The League of Women Voters, recipient during 2001- 2002 of $ 9,102 fromBART to help publish LWV 's allegedly "impartial" Bay Area Monitor, now endorses Measure BB. We anticipate similarly cozy special- interest funding of BART 's glossy $ 3 Million "voter education "scheme.

Vote NO on BART Bonds!

More information: http://www.ACCTaxpayers.com, ( 800) 947- ACCT

ALLIANCE OF CONTRA COSTA TAXPAYERS by James M. Arata, Board Member

NO MORE TAXES, ALAMEDA by Barbara M. Thomas, President

WASTE WATCHERS, INC. , FREMONT by Richard G. Ahern, Vice President

LAFAYETTE TAXPAYER 'S ASSOCIATION by Carl R. Piercy, Co- Founder

CONCORD ASSOCIATION OF TAXPAYERS by Marla J. Kaste, Co- Founder

"Bay Area residents and commuters be aware. BART is setting its sights on our pocketbooks" ( "BART Asks Riders, Taxpayers to Balance Budget," Oakland Tribune, 06/ 23/ 02) .
Last year, BART "knuckled under to union demands in a ridiculous contract" (Contra Costa Times , 8/ 5/ 02)
.•In May, BART 's general manager, now facing predictable deficits, reported having "to defer many new projects . . . including system rehabilitation . . . and seismic improvement" (FY 2003 PreliminaryBudget) .
Two months later, BART 's bureaucrats rolled out Measure BB, expected to cost Alameda, Contra Costa, and San Francisco taxpayers $ 2.2 Billion ( principal + interest) if passed.
•As the Times editorial continued: [BART, ]"You have increased fares. . . cut back services . . . laid off . . . union workers because of the contract you signed. . . . Talk about your bad timing . . . "
("Expect Voter Backlash, "8/ 5/ 02) .
BART- tax promoters will advertise Measure BB's "minor cost." But notice: :
•Taxes already consume half of the next dollar earned by many Bay Area families. That happened gradually # one "price of a hamburger " at a time.
Already, "Americans spend more money per capita on taxes( $ 10,447) than on food ( $ 2,713) , clothing ( $ 1,436) , and shelter( $ 5,913) combined" ( "Tax Facts, "San Francisco Chronicle , 3/ 27/ 02) .
$ 19 Billion in new state bonds ( plus interest) appear on this same ballot. Meanwhile, the PUC voted in August to force ratepayers to fund a $ 12 Billion bond #ransom for energy blunders by statehouse politicians.
Taxpayers cannot continue financing every out-of-control program, or imagined solutions to every contingency. Regarding BART 's demands, the Tribune wisely advised "looking at alternatives that include paybacks of funds Californians have already sent to Washington."
Bonds = taxes! Special- interest beneficiaries of BART 's spendthrift habits will richly fund BART 's campaign for higher taxes. In contrast, we aregrassroots campaigners for fiscal sanity. Please join us in voting NO on BART Bonds!

ALLIANCE OF CONTRA COSTA TAXPAYERS
by Kenneth E. Hambrick, Chairman

CITIZENS FOR DEMOCRACY, ANTIOCH
by Ralph A. Hernandez, Chairman

WASTE WATCHERS, INC. , FREMONT
by Kenneth D. Steadman, President

CITIZENS OPPOSING UNREASONABLE NEW TAXES,SAN FRANCISCO
by Elsa C. Cheung, Coordinator

LIBERTARIAN PARTY, CONCORD
by Scott A. Wilson, Contra Costa Chairman

Rebuttal to Arguments Against
Measure BB will make BART Better:
BART is the backbone of the Bay Area's transportation network, carrying 45% of all transbay traffic during the peak commute. Measure BB will strengthen more than 71 miles of the BART system and help guarantee that this level of service continues in the event of an earthquake.
Measure BB will make BART Safer:
Planned BART improvements include expansions and enhancements in services and facilities, but none of these will matter if the very core of the system is brought down by a major earthquake.
Measure BB will make BART Stronger:
Seismic experts have identified large parts of the BART system that are vulnerable to earthquakes. The Hayward fault runs directly below a large part of the system, and a major earthquake along that fault could dramatically affect BART 's ability to transport people across the Bay for up to two years.
Measure BB will make BART more Reliable:
Experienced scientists and engineers agree that improvements financed by Measure BB can take care of the threats posed by earthquakes to the core of the BART system. Measure BB would make improvements and upgrades so BART will be up and running within days #not years.
BART is the vital link to the Bay Area's transportation system. We all depend on it every day to ease congestion on our streets and highways, and to help speed our commute. We need Measure BB to make BART better, safer,stronger and more reliable. Vote Yes on Measure BB.
s/ WILLIE B. KENNEDY
BART Board of Directors, Member
s/ RONALD O. HAMBURGER
National Council of Structural Engineers Association, Director
s/ TOM TORLAKSON
Senator
s/ ALBERT LEE BLITCH San Francisco Chamber of Commerce, President

Tax Rate Statement from Controller/Treasurer, BART
An election will be held in the San Francisco Bay Area Rapid Transit District( the "District "or "BART ") on November 5, 2002, to authorize the sale of not to exceed $ 1.05 billion in general obligation bonds of the District to strengthen, seismically retrofit, improve and replace BART facilities serving Alameda, Contra Costa and San Francisco counties. If the bonds are approved, the District expects to sell the bonds in four series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District, which is composed of all property in the Counties of Alameda and Contra Costa and the City and County of San Francisco. The following information is provided in compliance with Sections 9400- 9404 of the Elections Code of the State of California.
1. In fiscal year 2003- 2004, the first fiscal year after the sale of the first series of bonds, the best estimate of the tax rate that would be required to be levied to fund this bond issue, based on a projection of assessed valuations available at the time of filing of this statement, is $ 0.00331 per$ 100 ( $ 3.31 per $ 100,000) of assessed valuation.
2. In fiscal year 2013- 2014, the fiscal year after the sale of the last series of bonds and the fiscal year of the highest tax rate, the best estimate of the tax rate that would be required to be levied to fund this bond issue, based on a projection of assessed valuations available at the time of filing of this statement, is $ 0.01416 per $ 100 ( $ 14.16 per $ 100,000) of assessed valuation
.3. The best estimate of the average tax rate, from fiscal year 2003- 2004through fiscal year 2042- 2043, that would be required to be levied to fund this bond issue, based on a projection of assessed valuations available at the time of filing of this statement, is $ 0.00780 per $ 100 ( $ 7.80per $ 100,000) of assessed valuation.
Based on the District 's estimates, the highest estimated annual tax for these bonds for the owner of a home with a net assessed value of $300,000 would amount to approximately $42.48. The District notes that the assessed value of a home approximates market value at the time it is purchased, but for homes owned for a number of years, the assessed value of the home may be substantially less than the current market value of such home. The tax to pay these bonds is levied based on the assessed value of property. Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold at any given sale, market interest rates at the time of each bond sale, and actual assessed valuations over the term of repayment of the bonds. The actual dates of sale of said bonds and the amount sold at any given time will be governed by the needs of the District and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined in the annual assessment and the equalization process. Dated: July 25, 2002.
s/ SCOTT SCHROEDER
Controller/ Treasurer
San Francisco Bay Area Rapid Transit District


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