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Riverside County, CA November 6, 2012 Election
Measure R
Special Parcel Tax
City of Indian Wells

2/3 Approval Required

Fail: 599 / 25.49% Yes votes ...... 1,751 / 74.51% No votes

See Also: Index of all Measures

Results as of November 26 3:17pm, 100.00%% of Precincts Reporting (4/4)
Information shown below: Impartial Analysis | Arguments |

Shall the ordinance of the City of Indian Wells authorizing the City to impose, levy, and collect a Special Parcel Tax of $171 on all taxable property within the City, commencing July 1, 2013, providing for annual adjustments for inflation, and suspending the existing assessments levied on property within Landscape and Lighting District No. 91-1, be adopted to provide sufficient revenues for the maintenance and servicing of citywide public landscape improvements?

Impartial Analysis from Stephen P. Deitsch, City Attorney
The City of Indian Wells formed eighteen landscape and lighting maintenance assessment districts ("LLMDs) to fund the maintenance of landscape and lighting improvements within the City's public rights-of-way on Highway 111, Cook Street, and Eldorado Drive ("Improvements"). In 1991, the LLMDs were consolidated into one district (the "LLMD No. 91-1"), which has eighteen zones. Although the Improvements maintained within LLMD No. 91-1 are located throughout the City, not all City property owners pay assessments for their maintenance.

Measure "R" proposes the adoption of an ordinance authorizing the City to impose a parcel tax on all taxable property within the City for the specific purpose of funding the maintenance and servicing of the Improvements located in LLMD No. 91-1. The parcel tax would be imposed at a rate of $171 per taxable parcel commencing July 1, 2013. For each fiscal year beginning fiscal year 2014-15, the maximum allowable parcel tax could be increased, as needed, by the percentage change in the Consumer Price Index for all Urban Consumers ("CPI-U"), for the Los Angeles-Riverside-Orange County area for the year ending the preceding December 31, capped at 3%. If for any reason the percentage change in the CPI-U is negative, the maximum allowable tax could not be decreased and would remain at the amount as computed for the previous fiscal year. If the City Council determines that an adjustment for inflation is not necessary in any given fiscal year, the City Council would not be obligated to increase the parcel tax in that fiscal year.

If the parcel tax is approved by the voters, commencing July 1, 2013, the City will suspend the imposition, levy, and collection of the special benefit assessments on residential parcels within LLMD No. 91-1 for so long as the parcel tax is imposed, levied, and collected by the City. Because there are additional costs for maintaining certain improvements that specially benefit non-residential parcels in Zones A8, A11A, A11C, and E of LLMD No. 91-1, the special benefit assessments for non-residential parcels within these zones would not be suspended.

In order for the City to adopt the proposed parcel tax and resulting suspension of assessments on residential lots in LLMD No. 91-1, Measure "R" must be approved by two-thirds of the voters voting in the election on Measure "R".

A "yes" vote on Measure "R" authorizes the City to (1) impose the parcel tax, commencing July 1, 2013, at the rate of $171 per taxable parcel per year; and (2) provide for annual inflationary adjustments of the tax capped at 3%.

A "no" vote on Measure "R" prohibits the City from (i) imposing the parcel tax commencing July 1, 2013, at the rate of $171 per taxable parcel per year; and (ii) providing for annual inflationary adjustments of the tax capped at 3%.

 
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Arguments For Measure R Arguments Against Measure R
(No arguments in favor were submitted)

Indian Wells does not need a new parcel tax. City residents are urged to vote "NO" on Measure "R" because it improperly benefits a limited number of privately owned properties along Highway 111, Cook and Eldorado by requiring all other parcels to pay the cost of beautification for the few.

The City's existing Landscape and Lighting Maintenance District 91-1 (LLMD) is made up of 18 zones that include many, but not all parcels on the streets mentioned. At the time of purchase, all residents affected by the LLMD should have been advised that a cost of their home ownership included the cost of landscaping and maintaining their properties as required by the LLMD.

Under Measure "R", all parcels within the city will now share the cost of landscaping and lighting for the LLMD affected properties. In some zones within the LLMD, the costs will actually increase because the new tax is greater than the current LLMD fee. Other parcels will pay less as their costs will be shared by all parcel owners.

For those parcels affected by LLMD fees, the solution is to cut back on annual expenses, just as we all do when budgeting expenses. A little less color planted each year will not make the affected parcels or the City less desirable. Under the new tax, city government will be more directly involved in the landscape business, which almost guarantees increased costs.

Measure "R" unfairly places a greater value on the selected parcels which can now look to city taxes to beautify their properties. Under "R", we must pay not only for our own landscaping and maintenance, but for the LLMD privately-owned properties as well.

We do not need to pay a tax for the beautification of properties within the city. Vote "No" on "R".

By: Michael J. Andelson


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Created: December 17, 2012 13:45 PST
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