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Los Angeles County, CA March 6, 2001 Election
Measure La_Habra_Heights-A
Ordinance. Renewal of 1997 Appropriation Limit for Fire and Life-Safety Services
City of La Habra Heights

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Information shown below: Impartial Analysis | Arguments |

Shall an Ordinance be adopted to renew the City's authority to spend existing revenues from the special fire tax approved by two-thirds of the City's voters in 1997 to provide essential fire and life-safety services by renewing the 1997 voter-approved amendment to the City's appropriation limit?

Impartial Analysis from Michael G. Colantuono, City Attorney
Background. Prior to 1997, the City of La Habra Heights funded its Fire Department with a Fire Fee collected via the property tax roll. In November 1996 the voters of California adopted Proposition 218, which amended the State Constitution and required that the City's Fire Fee be replaced with a voter-approved Special Fire Tax. In a special election held July 15, 1997, a two-thirds majority of the City's voters approved a measure to replace the Fire Fee with the current Special Fire Tax.

In 1980 the voters of California adopted Proposition 4, the so-called "Gann Initiative," which places a ceiling on the amount a local government can spend from "the proceeds of taxation." This limit is known as "the Gann Limit" and is based on that government's 1978 tax expenditures and is adjusted annually for inflation and population growth.

The La Habra Heights Fire Fee was not technically a tax and the proceeds of that Fee were therefore never included in the City's Gann Limit. Although the City's expenditures have always been below the Gann Limit by a substantial amount, replacing the Fire Fee with the Special Fire Tax required inclusion of the proceeds of the tax in the calculation of the City's expenditures of "the proceeds of taxation." Thus, expenditure of all of the proceeds of the Special Fire Tax to provide fire safety services in the City that were previously funded by the Fire Fee would have exceeded the City's Gann Limit. Therefore, in 1997 the City's voters also approved a temporary increase in the City's Gann Limit to allow the City to spend the proceeds of the Special Fire Tax to provide fire safety services to residents and property owners in the City. Pursuant to Proposition 4, that amendment must be resubmitted to the City's voters every 4 years. Accordingly, the City Council placed Measure A on the ballot to allow the Ciy Effect of Ordinance No. 234. If adopted by a majority of the voters, Ordinance No. 234 would renew the amendment of the City's Gann Limit to allow the City to spend the proceeds of the City's existing, voter-approved Special Fire Tax to provide fire safety services in the City. It would not increase the existing Special Fire Tax. If Measure A is not approved, the City would be unable to spend all the proceeds of the Special Fire Tax for fire safety services in the City. Ordinance No. 234 expires by its own terms on March 8, 2005 unless the City's voters vote to extend it.

 
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Arguments For Measure La_Habra_Heights-A Arguments Against Measure La_Habra_Heights-A
THIS MEASURE IS VITAL FOR THE PROTECTION OF OUR LIVES, OUR HOMES AND OUR FAMILIES.

THIS MEASURE WILL NOT CHANGE OR INCREASE THE CURRENT FIRE FEE.

A volunteer Fire Department has served La Habra Heights since 1942, with residents contributing an annual subscription fee to pay for the department. In 1980, the department joined the City, which financed the necessary equipment and staffing through an assessed fee.

In 1980, the "Gann Limit" was adopted statewide by voters, setting City expenditure limits based on 1978 tax expenditures. Expenditures over that 1978 limit require resident approval every four years. The fire fee was not defined as a "tax" in 1978, so the fee revenues were not included in the limit.

In 1996, State Proposition 218 reclassified the existing fire fee as a tax, requiring voter approval.

In 1997, the residents of La Habra Heights overwhelmingly approved the pre-existing fire fee as a tax and also approved exceeding the "Gann Limit" for expenditures.

Now, four years later, you need to reapprove the expenditure of the proceeds of the fire tax.

We rely on a combination of local resident volunteers, backing up a 24-hour volunteer force of fire fighters, supervised by a paid full-time Chief and paid part-time Captains. The combination of volunteers and paid supervisors, combined with mutual aid assistance and fire engines and equipment, provide excellent service at economical cost. A Los Angeles County proposal several years ago indicated they could not provide our current level of service without TRIPLING our budget. Clearly, our Volunteer Fire Department is a terrific value.

AGAIN, THIS MEASURE DOES NOT AUTHORIZE ANY CHANGE IN THE EXISTING SPECIAL FIRE TAX YOU ALREADY PAY.

IF THIS MEASURE IS NOT APPROVED, THE CITY WILL NOT HAVE SUFFICIENT FUNDS TO SUPPORT THE LA HABRA HEIGHTS VOLUNTEER FIRE DEPARTMENT, PUTTING OUR COMMUNITY AT RISK.

Please vote YES!

John Powers, Mayor; John Daniel, Mayor Pro Tem; Carol Engelhardt, Councilmember; Fred Klein, Councilmember; Claire Spothelfer, Councilmember

None submitted.


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Created: March 13, 2001 02:34
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