November 8, 2016 - Measure O

COUNTY SERVICE AREA #29
MEASURE O

MEASURE O: For ongoing maintenance dredging in the principal waterways of Paradise Cay along with the north and south entry channels to San Francisco Bay, shall the existing parcel tax of $1,200 on each original lot be increased to $1,500, providing $204,000 annually for 10 years, commencing in fiscal year beginning July 2017 in County Service Area No. 29, with increases limited to 3% per year?

YES                             NO

COUNTY COUNSEL’S IMPARTIAL ANALYSIS OF MEASURE O

COUNTY SERVICE AREA 29
SPECIAL TAX

This measure was placed on the ballot by Marin County Board of Supervisors to authorize a parcel tax for ongoing maintenance and dredging in the principal waterways of Paradise Cay along with the north and south entry channels to San Francisco Bay.

If this measure is approved by a two-thirds vote, the County Service Area 29 will increase the existing parcel tax of one thousand two hundred dollars ($1200.00), to one thousand five hundred dollars ($1,500.00) annually upon all real property original lots located within the Service Area, with increases limited to 3% a year, for a period of ten (10) years, commencing in FY 2017—2018 and continuing through 2026—2027.

s/STEVEN M. WOODSIDE
County Counsel

By s/Sheila Lichtblau, Deputy County Counsel

ARGUMENT IN FAVOR OF MEASURE O

Approval of Measure “O” increases the County Service Area No. 29 (CSA29) parcel tax from $1,200 per riparian lot per year to $1,500 per lot per year, and authorizes yearly increases not to exceed 3% per year, for the ten-year period beginning July 2018. The original projections that led to the $1,200 per year tax were done in 2006, and are believed to be inadequate going forward due to increased dredging costs.

The CSA29 Advisory Board believes that dredging costs over the next ten years will exceed $2M, based on increased costs from the last two dredging episodes (2009/10 and 2013/14). Bids for the 2014 dredging episode came in between $24 and $34 per cubic yard; over double the bids from 2009. The Advisory Board believes that the increased assessment should cover the next two dredging episodes over the 10-year period.

Maintaining our waterways is vital in protecting property values and also ensuring that Paradise Cay continues to be a desirable place in which to live. No other water-oriented community in Marin County has the enviable record for the frequency and cost effectiveness of dredging as CSA29. Without the revenues generated from CSA29 Paradise Cay would be a very different community, and there are multiple examples of once-water-oriented communities in the Bay Area (and Marin County) whose desirability has lapsed as a result of the lack of commitment to maintain dredging in the waterways surrounding those communities.

The CSA29 Advisory Board of Harry Blake, Bill Canada, Bob Cerf, Pat Lopez, Gene Royal and I urge you to VOTE YES on Measure “O”.

s/ERIC R. LYONS
Chair, County Service Area No. 29 Advisory Board

s/PAT LOPEZ

s/ROBERT C. CERF

s/WILLIAM B. CANADA

s/EUGENE K. ROYAL

NO ARGUMENT AGAINST MEASURE O WAS SUBMITTED.

FULL TEXT OF MEASURE O

RESOLUTION NO. 2016-84

RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS CALLING FOR AN ELECTION TO IMPOSE A SPECIAL TAX UPON PARCELS LOCATED WITHIN COUNTY SERVICE AREA NO. 29 FOR THE PURPOSE OF ONGOING MAINTENANCE DREDGING IN PARADISE CAY ALONG WITH THE NORTH AND SOUTH ENTRY CHANNELS TO SAN FRANCISCO BAY

WHEREAS, the Board of Supervisors, as the governing body of County Service Area No. 29 (CSA 29), and at the request of the CSA 29 Advisory Board, determines that it is in the best interests of the property owners within CSA 29 to provide ongoing maintenance dredging to the canals and waterways within Paradise Cay along with the north and south entry channels into San Francisco Bay and to fund said services through the continued imposition of a special tax; and

WHEREAS, pursuant to Government Code Sections 25210.6a and 50075, et seq., and in compliance with California Constitution Article XIIIC, the Board of Supervisors is hereby authorized to adopt this Resolution and establish and impose (subject to voter approval) a special tax upon all real property original lots located within CSA 29, including those original lots delineated in: Paradise Cay Map No. 1, Paradise Cay Map No. 2, Paradise Cay Map No. 3, Paradise Cay Map No. 4, Map of Paradise Cay North, Map of Paradise Cay – South Cay Unit 1, and Map of Paradise Cay – South Cay Unit 2; and

WHEREAS, the Board of Supervisors proposes to increase the existing special tax from the amount of $1,200 to $1,500 per annum per parcel on each original lot in CSA 29 beginning fiscal year 2017-18, and continuing through fiscal year 2026-27; and

WHEREAS, the special tax, if approved, will not exceed the County spending limit as pursuant to California Constitution Article XIIIB.

NOW, THEREFORE BE IT RESOLVED as follows:

1. The special tax shall be collected annually by the Marin County Tax Collector in the same manner and subject to the same penalties as County property taxes are collected. The County shall be entitled to deduct its reasonable costs incurred in collecting the special tax before such tax is remitted to CSA 29.
2. The special tax established by this Resolution shall be submitted to the registered voters within CSA 29 at a general election to be conducted November 8, 2016. The special tax shall not become effective unless approved by two-thirds of the registered voters within CSA 29. The questions submitted to the voters shall read substantially as follows:
   For ongoing maintenance dredging in the principal waterways of Paradise Cay along with the north and south entry channels to San Francisco Bay, shall the existing parcel tax of $1,200 on each original lot be increased to $1,500, providing $204,000 annually for 10 years, commencing in fiscal year beginning July 2017 in County Service Area No. 29, with increases limited to 3% per year?
3. The Board of Supervisors hereby calls for an election to be held on November 8, 2016 seeking voter approval to impose the special tax on original-lot parcels within CSA 29.
4. Pursuant to the provisions of Elections Code Sec­tion 1002, the Marin County Board of Supervisors authorizes and directs the Marin County Registrar of Voters to render all services necessary for the conduct of the election. The costs of the ballot election shall be borne by CSA 29.
5. The special tax shall be deemed established and shall be in effect with the 2017-18 fiscal year upon certification of the election results evidencing approval by at least two-thirds of the registered voters voting thereon and remain in effect through fiscal year 2026-27.
6. Pursuant to Government Code Section 50077.5 and Code of Civil Procedure Section 860, any judicial action or proceeding to attack, review, set aside, or annul this special tax, if approved by the voters, shall be commenced within 60 days of the effective date of this resolution.

PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this 2nd day of August 2016, by the following vote:

AYES: SUPERVISORS Judy Arnold, Katie Rice, Damon Connolly, Kathrin Sears, Steve Kinsey
NOES: NONE
ABSENT: NONE

s/STEVE KINSEY
President, Board of Supervisors

ATTEST:
s/MATTHEW HYMEL
Clerk