02-03-1998 - Approval of Argument in Favor of the Replacement Special Tax/Measure CCity of West Covina
r Memorandum
TO: City Manager and City Council
FROM: Patrick J. Glover
City Engineer/Public Works Director
AGENDA
ITEM NO. M-1
DATE February 3,1998
SUBJECT: Approval of Argument in Favor of the Replacement Special
Tax/ Measure C.
SUMMARY: At the January 20, 1998, City Council meeting the Council
called an. election for April 28, 1998, to seek approval of a
,special tax to replace assessment revenues that previously
funded park maintenance, landscape maintenance, graffiti
removal and traffic signal maintenance. The special tax
measure will be called Measure "C". At the same City Council
meeting, the Council reserved the opportunity to author the
ballot argument in favor of Measure "C" for itself. The limit for
ballot arguments is 300 words and must be filed with the City
Clerk no later than February 6, 1998.
BACKGROUND
In 1996 Californian voters passed Proposition 218 which placed substantial restrictions on
the collection of fees, assessments and taxes by local government. Under the
requirements of the Proposition the services funded by these, revenue sources are defined
as either general, benefit or special benefit services. Only those services defined as special
benefit could be funded by a property related assessment. Alternative funding sources
would need to be identified for the general benefit services. funded by property related
assessments.
In the City of West Covina, Proposition 218's greatest impact was on the Citywide Lighting
and Maintenance District that provides maintenance services for parks, street landscaping,
lighting, graffiti removal and traffic signals. Of these services only streetlight and street tree
.maintenance were defined as special benefit services. All other services provided by the
Citywide Lighting and Maintenance District were defined as general benefit services.
These services include park maintenance, street landscape maintenance, graffiti removal
and traffic signal maintenance.
Prior to Proposition 218 the Citywide Lighting and Maintenance. District was funded by a
property related assessment paid annually on the property tax bills. With the
implementation of Proposition 218 as the Right to Vote on Taxes Act the, District services
that were defined as General Benefit services could no longer be funded through this
assessment and an alternative funding source would need to be identified.
In 1997 the Citywide Lighting and Maintenance District assessment was reconstituted by a
mail ballot election. Over 70% of the weighted ballots returned in the election supported a
new assessment rate of $38.44 per equivalent dwelling unit to fund the maintenance of
street trees and street lights only. The mail ballot reduced the total assessment collected
for the District by approximately $2.02 million. In fiscal year 1997/98 district reserves were
used to make up the shortfall in the Citywide Lighting and Maintenance District budget.
These reserves will not be available for fiscal year 1998/99 and so it is now necessary to
identify a method to ensure the continued funding of those general benefit District, Services
without an identified funding source.
At the January 20, 1998 City Council meeting the City Council called an election for April
28, 1998 to seek support for a replacement special tax to support those general benefit
services. The City Council set the replacement special tax rate at $49,90 per equivalent
dwelling unit. This rate will provide funding for park maintenance,. street landscaping, graffiti
removal and traffic signal maintenance. Due to cuts that have been made to the Citywide
Lighting and Maintenance District Budget this rate would also provide the typical home
owner with a reduction of $22.66 over the old assessment rate. The replacement special
tax will be submitted to West Covina voters as Measure "C°.
City Manager and City OLincil
February 3, 1998
Page 2
At the same City Council meeting the City Council passed a number of resolutions
pertaining to the April 28, 1998 election. These resolutions related to the implementation of
the election and in particular the preparation of arguments in favor of the replacement
special tax and the acceptance of rebuttal arguments on the sample ballot paper.
ANALYSIS
Election Matters
The Californian Elections Code determines the structure and process for calling and
implementing of an election in California. In order for the City of West Covina to call an
election relating to Measure "CA it was necessary for the City Council to pass a number
of resolutions. These resolutions were passed by the West Covina City Council at the
January 20, 1998 City Council meeting. They were:
1. A resolution calling and giving notice of the special election.
2.. A resolution requesting Los Angeles County Board of Supervisors to render
services relating to the election.
3. A resolution setting priorities for written direct arguments in the sample ballot
paper. 11
4. A resolution providing for the fling of rebuttal arguments.
The election code also determines a timetable of deadlines for issues relating to the
election. The West Covina City Clerk has established the following timetable for the
April 28, 1998 election.
Date
January 20,1998
January 21, 1998
February 6, 1998
February 6, 1998
February 16, 1998
March 30, 1998
March 30 — April 21, 1998
April 7, 1998
April 28, 1998
April 28, 1998 — Close of Polls
May 5, 1998
Direct Arguments
Council to adopt resolution calling for an election
Post notice of deadline for filing arguments
Last day to file direct arguments
Impartial analysis due to City Clerk
Last day to file rebuttal arguments
Last day to register to vote
Voters may request absentee ballots
Last day to mail sample ballots and polling places
notices
Election Day
Last day to receive absentee voter ballots
Clerk presents Certificate of Canvass to City Council
Chapter 3, Article 4 of the Election Code relates to arguments concerning City measures.
Section 9282 says that the City Council must accept direct arguments for or against a City
measure and the City Clerk or elections official is required to present those direct
arguments in the sample ballot. The City Council does have some ability to determine. the
priority for selecting direct arguments' should more than one argument be submitted for
printing.
Section 9287 establishes the priority
argument be submitted. That priority
1. Legislative body, or member or
2. The individual voter, or bone
sponsors or proponents of the i
3. A bone fide association of citize
4. Individual voters who are eligib
the section -of arguments should more than one
bers authorized by that legislative body.
association of citizens who are the bona fide
to vote on the measure.
At the January 20, 1998 City Council meeting the City Council passed a" resolution
reserving first priority to submit a direct ;argument in support of the replacement special tax
yr:
City Manager and City*uncil •
February 3, 1998
Page 3
for the City Council. In doing so the City Council identified itself as the author of the direct
argument in favor of Measure "C".
A draft direct argument has been prepared for the City Council's consideration. The
Election Code places restrictions on the argument submitted. Section 9282 of the Election
Code determines that all written arguments will be no more than 300 words in length and
according to the deadlines established by the City Clerk according to the Election Code
they must be submitted buy February 6, 1998.
Section 9282 also says that once submitted to the City Clerk the argument in support of the
replacement special tax will be made available to the authors of the argument against and
the argument against will be made available to the authors of the argument in support. This
is for the purpose.of preparing the rebuttal arguments.
Rebuttal Arguments
It is at the discretion of the City Council to allow rebuttal arguments. At the January 20,
1998, City Council meeting the City Council approved the submittal of rebuttal arguments to
the direct arguments. The priority for the submittal of rebuttal arguments is the same as
that for direct arguments and is outlined in Section 9287 of the Elections Code. Rebuttal
arguments are due 10 days after the submittal of direct arguments. The City Clerk has
established February 1.6, 1998, as the deadline for the submittal of rebuttal arguments.
It is important to note that once the direct argument against Measure "C" has been received
the City Council will need to meet again to approve the rebuttal argument to the direct
argument against. There will not be a Council Meeting between February 6 and February
16 and so an additional City Council meeting will be necessary to approve the rebuttal
argument.
Proposed Direct Argument
The following wording is the suggested argument in favor of Measure "C".
Your City needs your YES VOTE on MEASURE C to maintain the QUALITY OF LIFE
AND SAFE ENVIRONMENT in West Covina. The money to maintain the City's 12
parks, 85 traffic signals,. 12 miles of median landscaping, as well as the removal of
graffiti, have come from a Citywide Lighting and Maintenance District which was formed
in 1976. With the passage of Proposition 218 the city no longer has the ability to
collect these funds without the approval of two-thirds of the voters.
MEASURE C WILL PROTECT YOUR INVESTMENT IN THIS COMMUNITY.
The passage of this measure will guarantee the continued maintenance of your parks
and street medians. It will also provide the funds needed to safely operate traffic
signals and the prompt removal of the blight of gang graffiti and tagging.
CURRENT COSTS HAVE BEEN REDUCED BY ONE -MILLION DOLLARS
The City staff works very hard to ensure that as a taxpayer you get the best value for
your tax dollars. Over the last 3 years there has been a substantial reduction of over
ONE MILLION DOLLARS in the costs of the services covered under the previous
assessment, with no decrease in the quality of service.
MEASURE C REPLACES LOST FUNDSI
The proposed tax of $49.90 simply REPLACES THE FUNDS LOST as a result of
Proposition 218. The costs to the typical single family homeowner or condo owner will
be REDUCED BY 20% over the previous assessment. In addition, Measure C limits
increases to a maximum of 2% per year, and requires the approval of your City Council.
WE URGE YOU TO VOTE YES ON MEASURE C AND KEEP WEST COVINA
BEAUTIFUL.
This wording is 270 words long and meets the requirements of the Section 9282 of the
Election Code.
City Manager and City Ancil
February 3, 1998
Page 4
CONCLUSION
At the January 20, 1998, City Council
voter approval of Measure °C°. Measu
to replace funds which were previousl
Lighting and Maintenance District and
Proposition 218 in 1996.
At, the same Council meeting the City
resolution giving the Council first prioi
Measure °CA. The California Election
than 300 words in length and must be
established through the Election Codc
the final day for submittal of direct argL
A direct argument was prepared,
City Council approval.
RECOMMENDATION
It is recommended that the City
support of Measure "CA.
Your City needs your YES VOTE i
AND SAFE ENVIRONMENT in V1
parks, 85 traffic signals, 12 miles
graffiti, have come from a Citywide
in 1976. With the passage of Pi
collect these funds without the app
meeting the City Council called an election to seek.
-e "C° provides for the establishment of a special tax
/ collected through an assessment for the Citywide
have now been lost as a result of the passage of
iuncil passed a number of resolutions including a
in the authoring of a direct argument in favor of
de says that the direct argument may be no more
bmitted to the City Clerk in line with the timetable
The City Clerk established February 6, 1998, as
the guidelines outlined by the Election Code, for
1 approve the following written argument in
MEASURE C to maintain the QUALITY OF LIFE
t Covina. The money to maintain the City's 12
median landscaping, as well as the removal of
Ihting and Maintenance District which was formed
osition 218 the city no longer has the ability to
al of two-thirds of the voters.
MEASURE C WILL PROTECT YOUR INVESTMENT IN THIS COMMUNITY.
The passage of this measure will guarantee the continued maintenance of your parks
and street medians. It will also priovide the funds needed to safely operate traffic
signals and the prompt removal of the blight of gang graffiti and tagging.
CURRENT COSTS HAVE BEEN REDUCED BY ONE -MILLION DOLLARS
The City staff works very hard to ensure that as a taxpayer you get the best value for
your tax dollars. Over the last 3 years there has been a substantial reduction of over
ONE MILLION DOLLARS in the costs of the services covered under the previous
assessment, with no decrease in the ,quality of service.
MEASURE C REPLACES LOST FUNDSI
The proposed tax of $49.90 simply REPLACES THE FUNDS LOST as a result of
Proposition 218. The costs to the typical single family homeowner or condo owner will
be REDUCED BY, 20% over the previous assessment. In addition, Measure C limits
increases to a maximum of 2% per year, and requires the approval of your City Council.
WE URGE YOU TO VOTE YES
BEAUTIFUL.
P trick J. er
City Enginee—UP-0-b0c Works Director
MEASURE C AND KEEP WEST COVINA