The November election ballot contains critical initiatives that impact Pittsburg businesses. Join the Pittsburg Chamber of Commerce and the local business community in voting for a better Pittsburg on November 8, 2016.
Local Measures:
Contra Costa County Measure X - 2/3 Approval Required To implement a Transportation Expenditure Plan to continue: * Repairing potholes/fixing roads; * Improving BART capacity/reliability; * Improving Highways 680, 80, 24, and 4; * Enhancing bus/transit including for seniors and people with disabilities; * Increasing bicycle/pedestrian safety; * Improving air quality; * Reducing traffic; shall voters adopt the ordinance augmenting the sales tax by ½%, raising ninety- seven million dollars for transportation improvements annually for 30 years with independent oversight, audits, and all money benefiting local residents?
City of Pittsburg Measure H - Majority Approval Required Shall the office of City Clerk be appointive?
Impartial analysis / Proposal California law requires all general law cities to have the position of city clerk. City clerks have many important administrative responsibilities, such as keeping records of all city council meetings, including ordinances and resolutions; overseeing city elections; administering retention of city records; and performing other significant duties imposed by state and local law.
The position of city clerk may be either an elected position or an appointed position. Elected city clerks must reside and be registered to vote in the city where they hold office. No other requirements or minimum experience qualifications apply to elected city clerks. Appointed city clerks serve at the pleasure of the city council, and are not required to be residents or voters in the city in which they serve. A city council may establish minimum qualification requirements for appointed city clerks. The office of City Clerk for the City of Pittsburg is currently an elected office. California Elections Code section 36508 authorizes a city council to submit to the voters the question of whether an elected office, other than that of a city council member, shall be made an appointed office. The Pittsburg City Council adopted Resolution 16-13225 directing that a question be submitted to the voters of the City of Pittsburg concerning whether the City Clerk of the City of Pittsburg shall be made an appointed position. A “yes” vote on Measure H is a vote in favor of making the City Clerk of the City of Pittsburg an appointed position. A “no” vote on Measure H is a vote against making the City Clerk of the City of Pittsburg an appointed position. If a majority of the voters voting on Measure H vote “yes”, then the City Clerk of the City of Pittsburg will become an appointed position, and the city council will appoint a City Clerk at the expiration of the term of the City Clerk now in office, or upon a vacancy in the office of City Clerk. Dated: August 15, 2016 Ruthann G. Ziegler Pittsburg City Attorney
City of Pittsburg Measure J- Majority Approval Required Shall the City of Pittsburg establish a marijuana business tax on all types of medical and non-medical marijuana businesses within the City, of no more than 10% of gross receipts of the business, generating no revenue unless the City amends the municipal code or State law is amended to authorize such businesses within City limits, and thereafter generating potentially greater than $100,000 annually, and which will continue until repealed by the City Council or City voters?
Impartial analysis / Proposal The City Council of the City of Pittsburg adopted Resolution 16-13230, placing Measure J on the ballot. Measure J, if adopted by the voters, would amend Title 3, Revenue and Finance, of the Pittsburg Municipal Code to add Chapter 3.10, establishing a new marijuana business tax. Currently, the City bans all marijuana businesses. However, it is possible that such businesses might be allowed in the future by action of the state legislation or voter initiative, over which the City would have no control. If that occurs, the City would be able to collect sales tax revenue from such marijuana businesses, if Measure J passes. Adoption of Measure J will not legalize the operation of marijuana businesses within the City. The marijuana business tax would apply to all for profit and non-profit businesses involved in marijuana related activities within the City, including cultivating, delivering, dispensing, distributing, exchanging, manufacturing, planting, selling or testing marijuana or marijuana products, including marijuana or marijuana products intended for medical purposes. The tax would not apply to the cultivation of marijuana for personal use as long as such marijuana is not sold, bartered or exchanged for any consideration. Businesses engaged in marijuana related activities will be known as marijuana businesses. If the proposed measure is approved, each marijuana business will pay a tax, as set by the City Council, of up to ten percent (10%) of the marijuana business’ gross receipts. For example, a business with $1,000 of gross receipts would pay a tax of up to $100. Measure J authorizes the City Council to set, by resolution, a lower tax rate, and to increase such tax rate as long as the tax does not exceed the maximum rate of ten percent per year. The tax will be payable directly to the City every month. Failure to timely and accurately pay the required tax could result in interest and fines. If adopted, the marijuana business tax will generate no revenue unless applicable law is modified to allow such businesses. If marijuana businesses are allowed to legally operate within the City in the future, the marijuana business tax will generate potentially greater than $100,000 in receipts for the City annually. The proposed marijuana business tax is a general tax, the proceeds of which the City may use for any legal municipal purpose. The tax will be ongoing and will continue in effect until repealed by the City Council or City voters. Article XIIIC of the California Constitution requires a general tax to be approved by a majority vote of the City’s electorate. A “yes” vote would approve the marijuana business tax and authorize the City Council to establish a marijuana business tax rate of up to ten percent of gross receipts. A “no” vote would reject the marijuana business tax. Dated: August 15, 2016 Ruthann G. Ziegler Pittsburg City Attorney
Special District
Pittsburg Unified School District
Measure S-Parcel Tax - 2/3 Approval Required To provide a stable, local funding source for art, music and athletic essential program equipment and materials, to attract and retain highly qualified teachers and staff, to enhance and expand access to art, music and athletic programs, shall Pittsburg Unified School District levy an annual tax of $91 per taxable parcel (approximately $1,200,000) for seven years, beginning 7/1/2017 with an annual inflation adjustment of $6, with citizen oversight and senior citizen, SSI and SSDI exemptions?
Impartial analysis / Proposal The governing board of the Pittsburg Unified School District has adopted a resolution proposing a parcel tax (a qualified special tax).This ballot measure asks voters to decide whether a parcel tax should be imposed on parcels of taxable real property within the District for seven years, beginning July 1, 2017. The proposed tax would expire June 30, 2024. The tax would apply to each parcel of taxable real property in the District. The annual tax would be $91 per taxable parcel. A parcel of taxable real property is any unit of real property in the District that receives a separate tax bill for property taxes from the Contra Costa County Treasurer-Tax Collector’s Office. The tax would be adjusted annually, commencing July 1, 2018, to account for the impact of inflation as determined by District’s Board of Education, to an amount limited to $6 per year. A parcel otherwise exempt from property taxes will also be exempt from the imposition of the parcel tax. The ballot measure includes certain exemptions. Upon proper application to the District, the District may exempt any parcel from the parcel tax that is (1) owned and occupied as a principal residence by a person 65 years of age or older; (2) owned and occupied as a principal residence by a person receiving Supplemental Security Income for a disability; or (3) owned and occupied as a principal residence by a person receiving Social Security Disability Insurance benefits, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services. The ballot measure states that the proceeds of the parcel tax will be used to provide “a stable, local funding source for art, music and athletic essential program equipment and materials, to attract and retain highly qualified teachers and staff, [and] to enhance and expand access to art, music and athletic programs.” Proceeds from the parcel tax may be used only for the specific purposes set forth in the ballot measure and according to constitutional and statutory provisions. State law requires the District’s chief fiscal officer to file an annual report with the District’s Board of Education that states the amounts of funds received and expended in each year and the status of any projects required or authorized to be funded from the parcel tax proceeds. The proceeds from the parcel tax will be deposited into a District account that will be kept separate from other District accounts. Parcel tax funds will be the subject of an annual independent financial audit, which shall be made public. Two-thirds of those voting on the ballot measure must approve the measure for it to pass. A “Yes” vote is a vote in favor of authorizing the parcel tax for a seven-year period of time. A “No” vote is a vote against authorizing the parcel tax for a seven-year period of time.
San Francisco Bay Area Rapid Transit District
Measure RR - 2/3 Approval Required To keep BART safe; prevent accidents/breakdowns/delays; relieve overcrowding; reduce traffic congestion/pollution; improve earthquake safety and access for seniors/disabled by replacing and upgrading 90 miles of severely worn tracks; tunnels damaged by water intrusion; 44-year-old train control systems; and other deteriorating infrastructure, shall the Bay Area Rapid Transit District issue $3.5 billion of bonds for acquisition or improvement of real property subject to independent oversight and annual audits?
Impartial analysis / Proposal Measure RR, a San Francisco Bay Area Rapid Transit District (“District”) bond measure, seeks voter approval to authorize the District to issue and sell bonds of up to $3.5 billion dollars in general obligation bonds. The interest rate on each series shall not exceed the maximum rate permitted by law. The purpose of the bonds is to finance the projects as specified in the measure.Pursuant to California Constitution Section 1 of Article XIIIA and California Public Utilities Code Section 29158, et seq., this measure will become effective upon the affirmative vote of at least two-thirds of the votes cast by voters voting on this measure. This measure provides that the bond proceeds will fund projects throughout the District’s transit system that include, among others, replacing and upgrading the system’s tracks, tunnels, and train control systems. Proceeds may not be used for any other purpose. If two-thirds of those who vote on the measure vote “yes”, the District will be authorized to issue bonds in the amount noted above. Approval of this measure will authorize a levy on the assessed value of taxable property within the District by an amount needed to pay the principal and interest on these bonds in each year that the bonds are outstanding. The Tax Rate Statement for this measure in this sample ballot pamphlet reflects the District’s best estimates, based upon currently available data and projections, of the property tax rates required to service the bonds. The District expects to issue the bonds in ten series. The best estimate of the tax rate required to be levied to fund the bonds during the first fiscal year after the sale of the first series of bonds is $0.00202 per $100 ($2.02 per $100,000) of assessed valuation in FY 2017-2018. The best estimate of the tax rate required to be levied to fund the bonds during the first fiscal year after the sale of the last series of bonds is $ 0. 01749 per $100 ($17.49 per $100,000) of assessed valuation in FY 2035-2036. The best estimate of the highest tax rate required to be levied to fund the bonds is $0.01749 per $100 ($17.49 per $100,000) of assessed valuation in FY 2035-2036. The best estimate of total debt service, including principal and interest, if all the bonds are issued and sold is $ 6,830,382,000. A Bond Oversight Committee will provide independent oversight over the expenditure of the funds from the sale of the bonds and ensure that the funds are expended as authorized in the measure. If two-thirds of those voting on this measure do not vote for approval, the measure will fail and the District will not be authorized to issue the bonds. This measure is placed on the ballot by the governing board of the District. s/ DONNA R. ZIEGLER County Counsel The above statement is an impartial analysis of Measure RR. If you desire a copy of the ordinance or measure, please call the District Secretary’s office at (510) 464-6080 and a copy will be mailed at no cost to you. You may also access the full text of the measure on the District’s Web site at the following Web site address (www.bart.gov).