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Contra Costa County, CA November 6, 2012 Election
Measure L
Transaction and Use Tax
City of Orinda

Majority Approval Required

Pass: 7569 / 69.57% Yes votes ...... 3311 / 30.43% No votes

See Also: Index of all Measures

Results as of Dec 3 1:05pm, 100.0% of Precincts Reporting (16/16)
Information shown below: Impartial Analysis | Arguments | Full Text

Orinda City Services and Infrastructure Measure

To help protect and maintain city services, including repairing failing roads, fixing potholes, improving traffic safety on local streets, fixing drains, and providing for other city services, shall the City of Orinda enact a one-half cent sales tax, for 10 years, with financial audits, public review of all expenditures, and a citizens' oversight commission?

Impartial Analysis from City Attorney
The City Council of the City of Orinda has placed Measure L on the November 6, 2012 ballot to ask the voters to approve an ordinance that would enact a temporary one-half cent transaction and use tax (commonly referred to as a sales tax). If approved by a majority of the voters voting on the Measure, collection of this sales tax would begin in 2013 and terminate automatically after 10 years.

California law provides that a general tax can be passed by a simple majority, while a special tax, which is dedicated to specific purposes, must be passed by a two-thirds vote. The one-half cent sales tax proposed by the Measure would be a general tax, which means that all proceeds would be deposited in the City's General Fund and could be used by the City for any municipal governmental purpose. Municipal governmental purposes include road maintenance and repair, storm drainage improvements, other infrastructure projects, police protection, library facilities, public works, programs for seniors, parks and recreation services, and other city services. The Measure does not bind the City to use the proceeds from the proposed sales tax for any particular services, facilities, or programs.

The proposed one-half cent (0.5 percent) sales tax would be levied in addition to and in the same manner as the other legally authorized sales taxes currently collected in Orinda. The current cumulative sales tax rate in Orinda is 8.25 percent. Retailers collect sales taxes at the time of sale and remit the funds to the State Board of Equalization, which administers such taxes and allocates the proceeds between the State and various local governmental entities, including the City of Orinda, based on applicable legal mandates. All proceeds from the sales tax proposed by the Measure would be allocated to the City of Orinda.

The Measure requires the City Council to establish a Citizens Oversight Commission to review the expenditure of proceeds from the proposed sales tax. In addition, the Measure requires that proceeds and expenditures associated with the proposed sales tax be included in the annual audit of the City s financial operations, which is conducted by a certified public accountant.

A "Yes" vote is a vote to approve the enactment of the one-half cent sales tax for 10 years. A "No" vote is a vote against the tax. This Measure would be approved if it receives a simple majority of "Yes" votes.

Osa L. Wolff, City Attorney, City of Orinda

  News and Analysis

About Measure L
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Arguments For Measure L Arguments Against Measure L
Measure L is the first step in a 10 year plan the City Council has adopted to fund and implement a program to bring the City s roads and drainage infrastructure into good condition. Measure L will also allow the City to move forward with initiating repairs to the City's residential roads. Orinda's Citizen's Infrastructure Oversight Commission CIOC) fully supports this Measure and the 10 year plan.

Currently, the City focuses the limited available pavement rehabilitation dollars only on the major roads that affect the greatest number of users. Consequently, no monies are available now or in the future for residential road and significant drainage repairs without new funds.

Measure L as Phase 1 of the 10 year plan will add new revenues to the City's General Fund that the Council will be able to allocate to infrastructure repair. This is a prudent "pay as you go" approach that does not create any community debt.

Measure L funds will:

Increase the City's total spending on roads and drainage--the Council has committed to maintain the current pavement management program as part of the 10 year plan. Measure L funds will add to the City's infrastructure investment--not replace current funding.

Be spent according to an annual plan jointly developed by the City's Public Works Department and the CIOC for Council approval after public hearings.

Begin needed improvements to residential roads including those in very poor condition.

Have both independent citizen oversight and annual audits.

Measure L will expand our city's ability to make critically needed infrastructure improvements. It is a significant first phase of a 10 year plan to address Orinda's deteriorating roads and nvest in our community. We urge you to vote Yes on Measure L.

Amy Worth, Vice Mayor of Orinda

Pat Rudebusch, President, Orinda Union School District Board of Trustees

Carol Penskar, Chairperson, Orinda Finance Advisory Committee

Alex P. Evans, Former Chairman, Citizens' Infrastructure Oversight Commission

Linda S. Friedman, Realtor Broker

Rebuttal to Arguments For
This proposed tax is NOT dedicated to road improvement but goes into the General Fund and can be spent on anything the City Council chooses.

This tax will discourage shopping in Orinda and will hurt Orinda businesses. Shopping in Lafayette and Walnut Creek will be encouraged.

The 1/2% percent sales tax on this November ballot is not the end of the road taxes but merely the beginning. According to the August 1 Lamorinda Weekly, a whole series of new taxes are planned. In 2016 there will be a $19.8 million bond or parcel tax planned In 2020 there will be another $19.8 million tax planned. In 2022 the 1/2% sales tax is planned to be made permanent.

The total of these proposed new taxes is $39.6 million; however, $52 million would be required to upgrade all Orinda roads to a good rating. There is no way of knowing which roads would not be upgraded to good.

There is an alternative to the new taxes. Citizens on a street can form an assessment district and collect the money to upgrade their street.

Remember that the policy of the City Council is to spend its road money ONLY on arterial and collector streets, so if you live on a residential street or private road you will pay this tax but get NO MONEY for your street.

For justice and common sense, please VOTE NO on this useless road tax.

Clyde Vaughn

This tax will provide NO MONEY for the repair of your RESIDENTIAL STREETS, since the policy of the Orinda City Council is to spend City money ONLY on arterial and collector streets. You will pay the tax but get NO MONEY for your street repair.

If you live on a PRIVATE ROAD you will pay the tax but get no money to repair or upgrade your road.

You will pay the tax on automobile purchases anywhere in the Bay Area. If you buy a $30,000 car in Walnut Creek you will pay an additional sales tax of $150.

Orinda residents pay $1 million per year more than Moraga residents in taxes to the Moraga-Orinda Fire District, or MOFD, because property is more valuable in Orinda than Moraga. his overpayment will increase in the future; however, a majority of the Orinda City Council did not support appointing a committee to study how to recover this excess Orinda payment from the MOFD. This money could be used to upgrade Orinda roads.

The MOFD grossly overpays its employees¡¦ salaries and benefits. Although good roads are essential to prompt fire and ambulance service response time, the MOFD makes no contribution to Orinda roads, and the Orinda City Council does not push the MOFD to contribute.

The Orinda City Council voted to build new City offices even though the old offices were adequate. The 2011 payment for these new offices was $623,000. This money could have been spent on roads.

Please reject this tax which will provide NO MONEY for the repair of residential streets or private roads.

For economic justice please VOTE NO on this tax.

Clyde Vaughn

Rebuttal to Arguments Against
Measure L was specifically created to provide funds to repair Orinda's crumbling residential roads and failing storm drains. This single opponent's claim that the measure will do none of this is completely FALSE.

Yes on Measure L was written to support a 10-year road and drain repair plan. It was prepared after numerous public hearings that reviewed in detail how these new resources would be available to repair residential roads. Support for this measure was unanimous amongst the City Council and the Citizens Infrastructure Oversight Committee. Many residents attended these public hearings. Every speaker, including some who had opposed previous road measures, endorsed Measure L.

The City is using their limited resources to repair the major roads, such as Camino Pablo and Moraga Way. Our residential roads have been left to deteriorate. Yes on Measure L is a modest but important step forward in fixing our residential roads.

This single opponent objects to issues in the City's past and complains about actions of the Fire District, over which the City has no control. Yes on Measure L is about road repairs, not these unrelated matters.

Every day that repairs are delayed increases the cost of fixing our roads and drains. We urge you to Vote Yes on Measure L to take the first step in improving our residential roads.

Dennis R. Fay, Chair, Citizens Infrastructure Oversight Commission

James E. Landau, Retired CEO, Berkeley Capital Management LLC

Stephen R. Harwood, President, Cypress Financial Corp.

Sue Severson, Council Member, City of Orinda

Full Text of Measure L
If you desire a copy of the Measure, please call the City Clerk's office at (925) 253-4221 and a copy will be mailed at no cost to you, or you may obtain a copy by visiting the City's website at http://www.cityoforinda.org.


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Created: December 17, 2012 13:44 PST
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