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Smart Voter
Marin County, CA June 5, 2012 Election
Measure E
Special Tax for Fire Protection
Muir Beach Community Services District

2/3 Approval Required

Pass: 127 / 86.99% Yes votes ...... 19 / 13.01% No votes

See Also: Index of all Measures

Results as of Jul 10 4:51pm, 100.0% of Precincts Reporting (1/1)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall Muir Beach CSD Ordinance No. 2012-1, which imposes an annual special tax of two-hundred ($200.00) dollars for a period of four (4) years, FY 2012-2013, FY 2013-2014 and FY 2014-2015, and 2015-2016, on each parcel within the Muir Beach CSD for fire protection, including fuel abatement and emergency preparedness, be approved and shall the Muir Beach CSD appropriations limit be increased by the amount of this voter-approved tax?

Impartial Analysis from Marin County Counsel
MEASURE E MUIR BEACH COMMUNITY SERVICES DISTRICT SPECIAL TAX

This measure, if approved by two-thirds of those voting thereon, would authorize the collection of a yearly special tax levied by Ordinance 2012-1 of the Muir Beach Community Services District for four years commencing in FY 2012-2013 and terminating in FY 2015-2016. The ordinance levied a special tax in the amount of two-hundred ($200.00) dollars per year. The Measure states that the proceeds of the taxes would be used to provide for fire protection, including fuel abatement and emergency preparedness as specified in the ordinance. The measure would also increase the District appropriations limit by the amount of the special tax.

s/PATRICK K. FAULKNER
County Counsel

 
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Arguments For Measure E Arguments Against Measure E
The Muir Beach Volunteer Fire Department (MBVFD) runs on the barest of budgets. Measure E will allow the volunteer firefighters in Muir Beach to continue to provide critical services, operate in compliance with increasingly costly state requirements for training and emergency equipment, and, as any fiscally sound organization, to build a small reserve to pay for unscheduled but unavoidable costs.

Without the parcel tax that has been in place since 2008, the MBVFD could not build, as it is doing this year, its sorely needed firehouse to adequately shelter fire trucks and emergency equipment. Only because of funding resulting from the current parcel tax, plus foundation support and contributions from the Fireman's Association, will the Fire Department, for the first time ever, have an appropriate and fully functional space for its emergency equipment and operations.

Year after year the MBVFD has been funded primarily by money raised by the Fire Association + mainly the annual BBQ and clothing sales + and by grants the Association has obtained from government agencies. But these monies are no longer sufficient. The BBQ and clothing sales provide about one third of the budget, and government grants have become scarce. Major expenses are sure to be around the corner, including replacement of the aged pumper fire truck. We need to be ready.

The MBVFD gives us fire-fighting protection, in-community emergency response coverage, and wild fire abatement services like chipping and brush removal, all of which are critically important in our fire-vulnerable environment. Our volunteer fire department can save our lives and it undoubtedly enhances our property values. Measure E is a small investment for insuring the treasure that Muir Beach is to all of us.

s/BOB HAYDEN
s/STEVE WYNN
s/LESLIE RIEHL
s/SCOTT BENDER

NO ARGUMENT AGAINST MEASURE E WAS SUBMITTED.

Full Text of Measure E
ORDINANCE NO. 2012-1 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE MUIR BEACH COMMUNITY SERVICES DISTRICT
APPROVING AND ADOPTING THE LEVY OF A SPECIAL TAX ON THE REAL PROPERTY
LOCATED WITHIN THE DISTRICT FOR FIRE PROTECTION AND RELATED PURPOSES

WHEREAS, the Muir Beach Community Services District has been empowered by its voters to supply fire protection to the District residents; and

WHEREAS, increasing costs of operations and capital acquisitions for fire protection services, including the increasing need for fuel abatement in our wildland urban interface setting caused by aging and diseased trees and the increasing concern about emergency preparedness, along with the increasing governing agency requirements and the declining net income from traditional funding sources caused the District to authorize the development of a plan to provide a stable, financial foundation to mitigate these problems, and

WHEREAS, the District subsequently received and has adopted a comprehensive annualized long-term plan to maintain and improve fire protection services, including the fuel load reduction, community emergency and disaster preparedness, and to better manage the bureaucratic requirements (hereinafter "Fire Protection Plan"); and

WHEREAS, the District is required by CalOSHA (SB 1207 + Romero) that the occupational safety and health requirements, and therefore training and equipment requirements, for volunteer firefighters are the same as those of full-time paid firefighters; and

WHEREAS, such services and the maintenance and improvement of the equipment and facilities required to provide such services are of benefit to all parcels within the District to which they are made available, whether or not the service is actually used, and offering but not limited to increasing the value of the land, improvements, and their possible future uses and by reducing the risk of their destruction by fire; and

WHEREAS, the present Memorial Day BBQ, clothing sales, grants and contributions neither raise the revenue necessary to pay the costs of maintaining and improv ing these services, nor provide a stable and predictable base of funding.

NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF MUIR BEACH COMMUNITY SERVICES DISTRICT AS FOLLOWS:

SECTION 1: Purpose and Intent. The purpose and intent of the Board with respect to the special tax is: To methodically upgrade the District's fire protection, including fuel abatement and emergency preparedness.

SECTION 2: Tax Imposed. Land parcels to be assessed under this Ordinance shall be defined as any parcel of land, developed or undeveloped, wholly or partially located within the District, for which the County Assessor of Marin County has assigned an assessor's identification number, provided, however, that any such parcels which are contiguous and held under identical ownership, may, upon approval of an application of the owners thereof to this Board, be treated as a single parcel for purposes of this special tax. The special tax of two hundred ($200.00) dollars shall be levied per annum for a period of four (4) years, FY 2012-2013, FY 2013-2014, FY 2014-2015, and FY 2015-2016, on each parcel as defined in this Section 2.

SECTION 3: Exemption from Special Tax. Any owner of a parcel used solely for owner-occupied single-family residential purposes and whose household income is Eighty Percent (80%) and below of median income for Marin County residents, may obtain an exemption for the special tax upon approval of an application of such owner submitted to the Muir Beach Community Services District.

SECTION 4: Increase of Appropriations Limit. Pursuant to the provisions of Article XIII-B of the California Constitution, the appropriations limit of the Muir Beach Community Services District is hereby increased by an amount equal to the special taxes imposed by this ordinance for a period of four (4) years.

SECTION 5: Method of Collection. The special tax imposed by this ordinance is due from every person who owns a parcel within the Muir Beach Community Services District and as reflected upon the rolls of the County Assessor at the same time ad valorem tax is due and is to be collected in the same manner. The Marin County Tax Collector shall collect the tax and any penalty or interest due hereunder. The full amount due under this Ordinance shall constitute a debt to the Muir Beach Community Services District. Marin County may deduct the reasonable costs incurred by the County for this service before remittance of the balance to Muir Beach Community Services District.

SECTION 6: Delinquency. To any amount of the special tax created by this Ordinance which becomes delinquent, the Marin County Tax Collector shall add a penalty in the amount equal to any penalty owing for delinquencies in the ad valorem property tax. The tax and penalty shall bear interest at the same rate as the rate for unpaid ad valorem property tax until paid.

SECTION 7: Effective Date. This Ordinance shall not become effective unless approved at the June 5, 2012 election by a two-thirds (2/3) majority of the voting registered voters within the District. This Ordinance shall become effective immediately upon the voter approval.

SECTION 8: Four-Year Tax. When approved by the voters this Ordinance shall remain in effect for a period of four (4) years.

SECTION 9: Invalidity. If any part of this ordinance is held to be invalid for any reason, such decision shall not affect the remaining portion of this Ordinance and the Board hereby declares that it would have passed the remainder of this Ordinance as if such invalid portion thereof had been deleted.

SECTION 10: Adoption and Publication. This Ordinance shall be introduced at least five (5) days prior to the Board meeting at which this Ordinance is to be adopted by the Board. The full text of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage by the Board, and not less than thirty (30) days prior to the day of the General Election in which the voters are to vote on it approval.

SECTION 11: Posting. The District shall post a certified copy of the full text of this Ordinance, as adopted by the Board, along with the names of the board members voting for and against the Ordinance.

PASSED, APPROVED, AND ADOPTED this 5th day of March, 2012 by the following vote:

AYES: Bender, Rudnick, Shaffer
NOES: None
ABSENT: Fitzpatrick, Lambert
ABSTAIN: None
s/STEVE SHAFFER
President, Board of Directors Muir Beach Community Services District

ATTEST:
s/LEIGHTON HILLS
District Manager


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Created: July 26, 2012 13:01 PDT
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