presents
Voter's Edge California Voter Guide
Conozca la información antes de votar.
Presentado por
MapLight
League of Women Voters of California Education Fund
California Common Cause@CommonCauseCA
March 3, 2020 — Primary Election
Local

City of Piedmont
Measure T Parcel Tax - 2/3 Approval Required

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Resultados electorales

Se aprueba

4,874 votos si (82.99%)

999 votos no (17.01%)

100% de distritos activos (6/6).

Shall Ordinance 746 N.S, which maintains essential police, fire, and paramedic services, prevents the reduction in maintenance of City parks, greenspaces and other public areas, and prevents the loss of recreational and other public services, by renewing the City of Piedmont's expiring parcel tax for four years, with annual rates depending on use between $551 and $1,395 per parcel, or $383 per dwelling unit, subject to CPI adjustment, raising approximately $2,424,620 annually, be adopted?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

A “Yes” vote on Measure T means the voter is in favor of continuing the existing tax.

Un voto por el NO significa

A “No” vote on Measure T means the voter is opposed and the tax would not be renewed.

Análisis del analista legislativo / Proposal

https://piedmont.ca.gov/UserFiles/Servers/Server_13659739/File/Government/Departments/City%20Clerk/Elections/2020-03-03%20Special%20Municipal%20Election/City%20Attorney%20Impartial%20Analysis%20(Municipal%20Services%20Special%20Tax).pdf

Measure T proposes to adopt Ordinance No. 746 N.S. (“Ordinance”) that amends Chapter 20B of the Piedmont Municipal Code authorizing the collection of a Municipal Services Special Tax ("Tax"), which has been collected in the City of Piedmont since 1981. Revenue from the Tax goes to the City's General Fund and is used to finance municipal services including, but not limited to, police and fire protection, street maintenance, building regulations, library services, recreation, parks maintenance, planning, and public works.

The current Tax will expire on June 30, 2021. Measure T authorizes the continuation of the Tax until June 30, 2025. The measure would update the tax rate schedule set forth in Section 20B.4 of the City Code to reflect previous authorized annual increases, but would not otherwise increase the tax rate or change the procedure for setting the rate. The tax rate will vary by parcel depending on parcel size and the nature of use, at initial rates between $551 and $930 per parcel for single family residences, $930 to $1,395 per developed commercial parcel, $383 per dwelling unit for multi-family residences, or $565 per parcel for parcels divided by tax code area line.

Pursuant to Measure T, the City can only consider levying the Tax if in any fiscal year the City Council determines that municipal services are necessary for the public good, welfare and safety and that the cost of providing such services will exceed the amount of funds generated through other revenue of the City. Prior to levying the Tax, the City must conduct a public hearing on the proposed tax. In addition, each year concurrent with the adoption of the annual budget, the City Council will determine the total amount of expenditures necessary to provide adequate levels of municipal services and deduct the projected revenue to be gathered from sources other than the Tax. The difference, if any, is the maximum amount of funds to be derived from the Tax and the Tax, if any, may not exceed the maximum tax rate established in the Ordinance.

Under Measure T the maximum tax rate will be adjusted on an annual basis by an amount equal to the percentage change in the Consumer Price Index for the San Francisco-Oakland-San Jose, California area, as published by the United States Department of Labor, Bureau of Labor Statistics, not to exceed a four percent maximum annual increase.

Measure T authorizes the Tax to be collected by the Tax Collector of the County of Alameda.

A “Yes” vote on Measure T means the voter is in favor of continuing the existing tax.

A “No” vote on Measure T means the voter is opposed and the tax would not be renewed.

Two-thirds of the qualified voters casting a vote must vote “yes” for Measure T to pass. Measure T, or any provision thereof, may only be amended or repealed by approval of a two thirds majority of the voters voting on the proposition at any initiative or referendum election.

Efectos fiscales

https://piedmont.ca.gov/UserFiles/Servers/Server_13659739/File/Government/Departments/City%20Clerk/Elections/2020-03-03%

The tax rate will vary by parcel depending on parcel size and the nature of use, at initial rates between $551 and $930 per parcel for single family residences, $930 to $1,395 per developed commercial parcel, $383 per dwelling unit for multi-family residences, or $565 per parcel for parcels divided by tax code area line.

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

For the past 40 years Piedmont voters have approved critical funding to support local city services including police and fire protection, street and park maintenance, recreation programs, and the daily running of the city. Measure T is not a new tax, nor will it change the basic tax Piedmont homeowners already pay. The current parcel tax is expiring and must be renewed every four years.

Passage of Measure T is essential for the ongoing operation of our city and the safety and security of Piedmont residents. Unlike most cities in California, Piedmont receives virtually no sales tax revenue to supplement its budget. Without Measure T cuts in essential city services will need to be made.

The Piedmont Budget Advisory and Financial Planning Committee recommend that [Measure T] be renewed stating that, “The City has continued to do a commendable job of implementing prior recommendations to control costs and improve the long-term financial health of the City.”

With aging buildings and public facilities that need repair, old infrastructure, including parks, sidewalks, and streets, Measure T remains an important component of the City’s ability to manage its limited resources to serve Piedmont residents.

All money raised by Measure T will stay here to benefit the Piedmont community.

To continue providing high-quality services to all Piedmont residents, please Vote Yes on Measure T.

Bob McBain, Mayor

Jen Cavenaugh, City Council Member

Bill Hosler, Budget Advisory and Financial Planning Committee Chair

John Chiang, Former Mayor

Cathie Geddeis, Former School Board Member

— https://piedmont.ca.gov/UserFiles/Servers/Server_13659739/File/Government/Departments/City%20Clerk/Elections/2020-03-03%

Argumento EN CONTRA

No argument submitted.

— https://piedmont.ca.gov/UserFiles/Servers/Server_13659739/File/Government/Departments/City%20Clerk/Elections/2020-03-03%

Leer la legislación propuesta

Legislación propuesta

MUNICIPAL SERVICES SPECIAL TAX

 

SECTION 20B.1  AUTHORITY TO ADOPT MEASURE

 

This Ordinance and the tax authorized herein is adopted pursuant to the provisions of Article 3.7 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code (Sections 53720-53730) and the California Constitution Articles XI, Section 5, XIII A, Section 4 and XIII D, Section 3(a)(2).  The tax authorized herein is based on use and occupancy of improved real property.

 

SECTION 20B.2  AUTHORIZATION TO LEVY SPECIAL MUNICIPAL TAX

 

If in any fiscal year commencing on or after July 1, 2021, the City Council shall determine that municipal services, including, but not limited to, police and fire protection, street maintenance, building regulations, library services, recreation, parks maintenance, planning and public works and similar services, are necessary for the public good, welfare and safety, and that the cost of making available such services will exceed the amount of funds generated through other revenue and income of the City for such services, then it may levy a special tax for such fiscal year on each parcel of real property within the City in a manner provided herein. 

 

SECTION 20B.3  DETERMINATION OF AMOUNT TO BE RAISED

 

Each year concurrent with the adoption of the annual budget, the City Council will determine the total amount of expenditures necessary to provide adequate levels of municipal services as defined in Section 20B.2 and deduct therefrom the projected revenue to be collected from sources other than this special tax.  The difference, if any, shall be the maximum amount of funds to be derived from the tax authorized by this Ordinance for such year.

 

SECTION 20B.4  MAXIMUM TAX RATE/METHOD OF ASSESSMENT

 

After determining the amount of tax to be raised under Section 20B.3, the City Council shall apportion said amount among the parcels of real property within the City not exempted by law or exempted pursuant to Section 20B.12, as follows:

 

BASIC MUNICIPAL SERVICES TAX MAXIMUM RATE SCHEDULE   [See Full Text Link, above, for Maximum Rate Schedule]

 

 

The foregoing tax rate schedule shall apply for the 2021/2022 tax year commencing July 1, 2021, and ending on June 30, 2022.  For each tax year thereafter commencing with the 2022/2023 tax year, the foregoing tax rate schedule shall be adjusted as follows:

 

An amount equal to the percentage increase or decrease in the Consumer Price Index (CPI) for all Urban Consumers (All items) (Base Year 1984 = 100) (Not Seasonally Adjusted) for the San Francisco-Oakland-San Jose, California area, as published by the United States Department of Labor, Bureau of Labor Statistics, for the period from December 2016 to December of the fiscal year immediately prior to the year in which the percentage adjustment will apply, multiplied by the specific tax rate in the foregoing Maximum Municipal Services Tax Maximum Rate schedule.  Notwithstanding the foregoing, the maximum percentage increase of this tax as compared to the same tax in the prior fiscal year shall be 4%. 

 

For purposes of example only, if the maximum tax rate in the 2021/2022 fiscal year for a single family resident parcel of 5,000 square feet is $620.00, and the Consumer Price Index for December 2020 is 100 and for December 2021 is 103, the increase of 3 is a 3% increase, meaning an additional maximum tax of $18.60 for the 2022-2023 fiscal year or a total maximum tax of $638.86 for such fiscal year.

 

The records of the Alameda County Assessor as of March 1 of the fiscal year immediately preceding the fiscal year in which the special taxes are payable shall determine whether or not any particular parcel is unimproved for purposes of this Ordinance.  All improved parcels which are located entirely within the City of Piedmont shall be subject to the special taxes assessed pursuant to Chapter 20B.  In addition, on improved parcels which are located partially within the City of Piedmont, all such parcels whose residents are eligible to register to vote in Piedmont and/or all such parcels which are eligible to receive services from the City of Piedmont pursuant to the 911 Emergency System as of March 1 of the fiscal year immediately preceding the fiscal year in which the special taxes are payable shall be subject to the special taxes assessed pursuant to Chapter 20B.  Each parcel shall be taxed pursuant to this Section 20B.4 according to its actual use as of March 1 of the fiscal year immediately preceding the fiscal year in which any such special tax is payable.

 

SECTION 20B.5  HEARING, TAX LIEN AND INCLUSION IN CITY TAXES

 

Prior to levying a tax under this Ordinance in any fiscal year, the City Council shall conduct a public hearing on the proposed tax.  Such hearing may be conducted simultaneously with a hearing relating to the annual budget for the fiscal year in which the special tax is to apply.  Notice of such hearing shall be posted on the official bulletin board at City Hall at least 10 days prior to the hearing.  All of the information and material which the City Council intends to consider at such hearing and the proposed amount of tax to be raised shall be made available to the public by being on file in the office of the City Clerk for at least 10 days prior to said hearing.

 

Following said hearing, the Council may adopt a resolution fixing the amount of tax to be raised.

 

SECTION 20B.6  COLLECTION

 

Pursuant to Government Code section 53087.4, any special tax authorized under this chapter shall be collected by the Tax Collector of the County of Alameda.  Any charges made by such Tax Collector shall be paid out of funds deducted from the gross proceeds of the tax.

 

SECTION 20B.7  INCREASE APPROPRIATIONS LIMIT

 

Pursuant to California Constitution Article XIIIB, the appropriations limit for the City of Piedmont will be increased by the aggregate sum collected by levy of this special tax in each of the years covered by this Ordinance.

 

SECTION 20B.8  FUNDING AND EXPENDING PROCEEDS

 

Proceeds of any tax levied under this Ordinance shall be deposited into the General Fund of the City.

 

SECTION 20B.9  UNEXPENDED RESIDUE

 

To the extent it has actually determined by an audit of the City’s finances that there is an unexpended residue (as defined hereafter) of any money raised by the City under this Ordinance for a particular fiscal year, then the City Council shall use such residue in the next fiscal year for which the tax under this Ordinance has not been established, and shall reduce the amount of the tax for such subsequent fiscal year by the amount of the unexpended residue.  Unexpended residue of any money raised by the City under this Ordinance may only be used in the succeeding year for the purposes stated in this Ordinance or and to the extent there is an unexpended residue for the 2020-2021 fiscal year ending June 30, 2021, such unexpended residue shall be returned to the taxpayer on the same pro rata basis as originally levied by a refund or by a reduction in subsequent taxes.  “Unexpended residue” as used in this Section 20B.9 shall mean the amount the General Fund Reserve of the City exceeds twenty-five percent (25%) of the actual general operating expenses of the City in the fiscal year in question.  “General Fund Reserve” as used in this Section 20B.9 is defined as the unencumbered balance maintained in the general fund for the purpose of meeting unforeseen expenses, unrealized revenue estimates, or other emergencies of the City.

 

SECTION 20B.10  SEVERABILITY

 

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications, and to this end the provisions this Ordinance are declared to be severable.

 

SECTION 20B.11  DURATION, AMENDMENT OR REPEAL

 

The authorization to levy a tax under this Ordinance shall expire with the fiscal year 2024-2025 ending June 30, 2025.  This Ordinance, or any provision thereof, may only be amended or repealed by approval of a two-thirds majority of the voters voting on the proposition at any initiative or referendum election.

 

This Ordinance shall be adopted, if approved by a two-thirds majority of the voters voting on the proposition at an election to be held on Tuesday, March 3, 2020, and shall be effective commencing with the fiscal year that begins on July 1, 2021; provided that the provisions of Chapter 20B in effect on March 3, 2020 shall remain in effect for all purposes relating to the taxes provided thereunder through the fiscal year ending June 30, 2021.

 

SECTION 20B.12  EXEMPTIONS

 

The City Council may from time to time by Council resolution adopt exemptions to the tax measures set further herein.”

 

SECTION 3

 

This Ordinance shall require passage by a 4/5ths vote of the City Council in compliance with the provisions of Section 53724(b) of the California Government Code, shall be posted at City Hall after its second reading by the City Council for at least 30 days, and shall not become effective unless approved by a two-thirds majority of the voters voting on the proposition at an election to be held on Tuesday, March 3, 2020.

 

 

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