The URL can be used to link to this page

2008-11-04 General Municipal Election W U a w W z 7 5. U 0 a iu � s N T E v a y c Q d N m m C y� f a 0 J Q m J / f Z d uJ f a 0 O N N OD a o ar N m N UJ Z o °O0 ZaU Z OJO a Iii Uaz W Q J U Q J W 0 U O tD a J U IL Q J W Q o U) U z a r 00 a .3 O t a N u .a i4 d rn N I h K W 0 0 0 J Q Q W m to J O Ur sz UU xz Uf Uz xU Ua 1= M .Z.- d 0 c 202 Ii J 0 W w O U0 5s i ZL_ J at O E E 0:S Z 0 v U Oa N W Uly W U Q COUMY OF SAN DIEGO REGISTRAR OF VOTERS Sam B Ot &Voter_Information Pamphlet • u ._�_ �. ° • ° ° 00 % _ a _ PROTECT YOUR VOTE__ KEY WAYS TO MAKE YOUR VOTE COUNT �I ' ✓ MARK YOUR BALLOTas instructed. cc ¢I� 2 _;; ✓ VOTE AT ASSIGNED POLLING PLACEso all your votes � will count. (See yellow label on back cover.) W, , ;; ✓ If you VOTE AT YOUR POLLING LOCATION mark this ij pamphlet and take it with you. ✓ REQUESTTO VOTE BY MAIL?(See back cover.) I � ✓ If you VOTE BY MAII,save this pamphlet;your official ballot will be mailed separately. Be sure to sign the I return envelope and mail it promptly. �I p ' •� 1 • (:/J�1:611I1D(:�A�:1��©' � � t N THEI` it I JM1 'eq pp��/ 0pf(qq � VCA D 0 •� ` • • • • • • mlYf"y°N OI " � : : eel : ee . • e aj � � g (yj�}�/yy�j �(� sr •o `h OCCC j� eborah Seiler•Registrar of Voters•5201 Ruffin Road,Suite 1•San Diego,CA 92123 202 IMPORTANT VOTER INFORMATION PLEASE READ MAIL BALLOT VOTING' • If you are a permanent mail ballot voter, you will automatically receive a mail ballot each time there is an election within your,- precinct. • To confirm your status as a permanent mail ballot voter, review the yellow mailing label on the back cover of this pamphlet. If you are a Permanent Mail Ballot Voter, please do not re- apply. Your mail ballot will be mailed on or about October 6, 2008. • If you do not receive a ballot by October 20; 2008: please call the Registrar of Voters at 858-694-3415. • If you are a permanent mail ballot voter and you fail to return an executed ballot for two consecutive statewide general elections, state law requires the Registrar of Voters to remove your name from the permanent vote by mail list. However, your name will remain on the active voter registration file. (California Elections Code Sec. 3206) • If you wish to apply for permanent mail ballot voter status, complete and mail the mail ballot application on the back of this pamphlet, or contact the Registrar of Voters for an application. • If you have any questions concerning voting by mail, please contact the Registrar of Voters at 858-565-5800. VOTER REGISTRATION • If you have moved since you last registered to vote, wish to changefyour affiliation, or have changed your name, you should re-register as soon as possible, but no later than October 20, 2008. ' Voter registration cards are available at Post Offices, Department of Motor Vehicles offices and Library buildings, as well as various City Clerk offices, and the Registrar of Voters. • Registered voters in San Diego County can now check the status of their registration and mail ballot by visiting the Registrar of Voters website at www.sdvote.com. • You can-verify the correctness.of your registration and, if you vote by mail you can track and confirm when your ballot was mailed to you and when received by the Registrar of, Voters office. If you vote a provisional ballot you can also check to see if your ballot was accepted or rejected. FP-02-07 - N SD 202.001' 1. Check In 2. Important Receive hotel,pen,and Make your vote count. DO NOT use pencil or secrecy sleeve from poll worker. rod ink. DO NOT initial your ballot or make any identifying marks. i 0 Rte• �i/� o n 3. Vote 4. Complete Ballot Completely fill in the oval. Vote the ballot.To vote for a qualified write-in DO NOT circle or mark oval candidate,write in the name on the blank line with an"X'or a V". and fill in the oval. • CORRECT 0 o INCORRECT o a INCORRECT 5. Review Review Ballot 6. If Any Errors Check your ballot. If you vote for more than If you make a mistake,ask for a replacement the number of choices allowed on a contest, ballot. DO NOT attempt to correct it. your votes)on that contest,by law,cannot bo countod. � `. . R iew �� o III �0 7. Keep it Secret 8. Cast Ballot Place your completed ballot into Hand your ballot in the secrecy sleeve to the the secrecy sla eve. poll worker who will drop it in the ballot box. I Poll workers are available to help you if you have questions or need assistance. For more information, please visit www.sdvote.com or call 858.565.5800. IMPORTANT VOTER INFORMATION PLEASE READ MAIL BALLOT VOTING' • If you are a permanent mail ballot voter, you will automatically receive a mail ballot each time there is an election within your,- precinct. • To confirm your status as a permanent mail ballot voter, review the yellow mailing label on the back cover of this pamphlet. If you are a Permanent Mail Ballot Voter, please do not re- apply. Your mail ballot will be mailed on or about October 6, 2008. • If you do not receive a ballot by October 20; 2008: please call the Registrar of Voters at 858-694-3415. • If you are a permanent mail ballot voter and you fail to return an executed ballot for two consecutive statewide general elections, state law requires the Registrar of Voters to remove your name from the permanent vote by mail list. However, your name will remain on the active voter registration file. (California Elections Code Sec. 3206) • If you wish to apply for permanent mail ballot voter status, complete and mail the mail ballot application on the back of this pamphlet, or contact the Registrar of Voters for an application. • If you have any questions concerning voting by mail, please contact the Registrar of Voters at 858-565-5800. VOTER REGISTRATION • If you have moved since you last registered to vote, wish to changefyour affiliation, or have changed your name, you should re-register as soon as possible, but no later than October 20, 2008. ' Voter registration cards are available at Post Offices, Department of Motor Vehicles offices and Library buildings, as well as various City Clerk offices, and the Registrar of Voters. • Registered voters in San Diego County can now check the status of their registration and mail ballot by visiting the Registrar of Voters website at www.sdvote.com. • You can-verify the correctness.of your registration and, if you vote by mail you can track and confirm when your ballot was mailed to you and when received by the Registrar of, Voters office. If you vote a provisional ballot you can also check to see if your ballot was accepted or rejected. FP-02-07 - N SD 202.001' 1.INSERT VOTER CARD Insert Voter Card recelved from Poll Worker. 3. ADJUST SETTINGS Adjust TEXT and CONTRAST to your preference and roview instructions. Then touch NEXT. 5. REVIEW SELECTION A summary of your choice will be displayed. Review your selection. To make changes, touch the BACK button or measure. After changing selection,touch SUMMARY. Then touch PRINT BALLOT to generate a paper copy. 7. CAST BALLOT Touch CAST BALLOT to record your vote or touch REJECT BALLOT to return to summary screen to make changes. - 2. SELECT LANGUAGE TOUCH THE BOX next to the language of your choice.Then touch START. 4. MAKE SELECTION TOUCH THE BOX next to the"YES or"NO" on the measure. 6. VIEW PAPER COPY Review to confirm your selection. The paper copy Is not a recelpt;it is kept and stored as a paper record of your vote. r B. REMOVE VOTER CARD Once you CAST BALLOT,return Voter Card to Poll Worker.You have now completed voting. FP-01-02 - N So 202-002 VOTER INFORMATION VOTERS WITH SPECIFIC NEEDS • Touchscreen Voting To enable you to vote independently and in privacy, each polling location for this election will include a touchscreen (see "Touchscreen Voting Instructions" on preceding page). • Audio Touchscreen Votinla Each-touchscreen will be equipped with a headset and.a telephone-style keypad for audio-based voting., Specific audio touchscreen voting instructions will be available at each polling location. • Accessible Polling Locations It is the goal of the Registrar of Voters Office that all polling locations be accessible to voters who are disabled and elderly. Please refer to this symbol on the back cover of this. pamphlet. If your polling place is not accessible, please call the Registrar of Voters Office at 858-565-5800 for alternative voting methods. You may request to have a ballot brought to an accessible location as near as possible outside the polls. You may also select the assistance of not more than two persons to help you complete your ballot. The Registrar of Voters Office has a TDD (Telecommunications Device for the Deaf). For assistance, please call 858-694=3441. • Audio Cassettes at Locations Throughout Audio Cassettes at Locations Throughout Coup Sight-impaired voters with access to audio cassettes will be able to hear local candidates and analysis, arguments and rebuttals for local measures on the November 4 election ballot. The cassettes can be heard in English, Filipino, Spanish, Vietnamese and are available at the following locations throughout the County: • The Braille Institute • The San Diego Center for the Blind • San Diego Central Library • Various City and County Library branches throughout San Diego County. For more information about the audio cassettes please contact the Registrar of Voters at 858-571.4235, or at www.sdvote.com. FP-02.02 - N SD 202-003 Your Choices Do Make A Difference Check Them Carefully --------------------------------- OFFICIAL BALLOT VOTE FOR NO MORE.. Don't \ THAN It vote for. = • I.nnnmm! MOIRE, too many %�tl1�\� = Theo = . ■ t h OFFICIAL BALLOT SAN DIEGO COUNTY,CALIFORNIA ' PRESIDENTIAL GENERAL ELECTION-November 4,2008 FEDERAL OFFICES ... OFFICIAL BALLOT VOTE FOR NO MORE THAN - Vote for UNITED STATES REPRESENTATIVE 50TH DISTRICT Vale br One = Q Humphrey Bogart no more than I NICK LEIBHAM O AtigmeylSmall Businessman DEMOCRATIC = • °° the number allowed RALPH NADERI MATT GONZALEZ O FEACENlD FREEDOM _ • Cary Gr _ . Audrey Hepburn BARACK OBAMAI O JOEBIDEN DEMacRATIc O Write-In Q Jimmy stew.rt ■ t h OFFICIAL BALLOT SAN DIEGO COUNTY,CALIFORNIA ' PRESIDENTIAL GENERAL ELECTION-November 4,2008 O Write-In OADnney . DEMOCRATIC MARTIN GARRICK OState Assemblyman l RERIBLICAM PAUL KING OSmall Business Owner L®ERTMMN O Write-In FP-02-01 N SD 202.004 4ABAC03C 1033 00577 01 N SD 202-DOS IIAI' FEDERAL OFFICES ... I(L-_FEDERAL OFFICES = ' PRESIDENTAND VICE PRESIDENT Vote br One Parly UNITED STATES REPRESENTATIVE 50TH DISTRICT Vale br One CYNTHIA MCKINNEYI O ROSA CLEMENTE 'GREEN I NICK LEIBHAM O AtigmeylSmall Businessman DEMOCRATIC ALAN KEYESI - O WILEY S.DRAKE = IxDEpEnDwr WAYNE DUNLAP O Business Owner ' LIBENTMMM RALPH NADERI MATT GONZALEZ O FEACENlD FREEDOM BRIAN BILBRAY United States - O Representative,50lb District REPUBMAN BARACK OBAMAI O JOEBIDEN DEMacRATIc O Write-In BOB BARRI O WAYNEA.R00T LIDERTMM r STATE OFFICES MEMBER OF THE STATE ASSEMBLY 74TH DISTRICT Vote br One ' JOHN MCCAINI O SARAH PALIN - REJmeLlc,w BRETT DEFOREST MA%FIELD O Write-In OADnney . DEMOCRATIC MARTIN GARRICK OState Assemblyman l RERIBLICAM PAUL KING OSmall Business Owner L®ERTMMN O Write-In FP-02-01 N SD 202.004 4ABAC03C 1033 00577 01 N SD 202-DOS IIAI' OFFICIAL BALLOT SAN DIEGO COUNTY;CALIFORNIA PRESIDENTIAL GENERAL ELECTION-November 4,2008 SCHOOLS [ !'w SCHOOLS T--a l MIRACOSTA MIRACOSTA COMMUNITY COLLEGE DISTRICT ' COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER GOVERNING BOARD MEMBER TRUSTEE AREA NO.3 TRUSTEE AREA NO.5 Voe br One Vob for One JACQUELINE SIMON - - GEORGE MC NEIL O Refired Educator r00Incumbent STEVE-ESTEBAN-SCHEIBE Ointernational Business Consultant CAROLYN BATISTE President O WmCosta Community College Dsbict Board Write-In O Write-In MIRACOSTA -- --_j - - SANDIEGUITO COMMUNITY COLLEGE DISTRICT UNION HIGH SCHOOL DISTRICT j GOVERNING BOARD MEMBER• GOVERNING BOARD MEMBER I TRUSTEE AREA NO.4 Vole br no more than Two Voe_br One _ t BETH HERGESHEIMER O President Coveming Board 'JOHN FORD ORefired AnNropobgy Professor JOYCE DALESSANDRO O Vice-President Goveming Board GLORIA B.CARRANZA OGoverning Board Member MICHAEL KLEIN O DmIstrParenl - O Write-In O Write-In . O Write-In 812702DF 1033 00601 02 N SD 202-006 SAN DIEGO COUNTY, CALIFORNIA . PRESIDENTIAL GENE_RAL ELECTION-November 4,2008, CITY MEASURES SUBI CITY OFENCINITAS _ MEMBER,CITY COUNCIL Voe for no more than Three ' JOE SHEFFO ONewspaper Editor HARRIET SELDIN O Dentist JEROME STOCKS OEncinitas City Councilmember)Businessman DOUGLAS LONG OPlumbing Business Owner - MAGGIE HOULIHAN OCouncilmembedRetred Educator BETSY ACETI O Non-Profit Administalor 0RACHELLE COLLIER Dental 0ltice Manager BOB NANNINGA OBusinessmaNJoumalisPTeacher ANTHONY"TONY'BRANDENBURG O JudgelEducator JAMES BOND OIncumbent OWrite-In O Write-In O Write-In 50307CE7 1033 00577 03 TO THE VOTERS STATE PROP 1 A SAFE,RELIABLE HIGHSPEED PASSENGER TRAIN BOND ACT. To provide Catifornia6s a safe,convenient,affordable,and reliable alternative to driving and high gas prices;to provide - 'good-payng jobs and improve California's economy . w hile reducing air polution,global w arming greenhouse gases,and our dependence on foreign oil,shall$9.95 billion in bonds be issued to establish a clean,efficient high-speed train service linitlng Southern California;the Sacramento/San Joaquin Valley,and the San Francisco Bay Area,wkh at least 90 percent of bond funds spent for specific projects,w th-private and public matching funds requ'ved`mcluding,but not limited to,federal funds,funds from revenue bonds,and local funds,and all bond funds subject to independent audits? Fiscal Impact: Stale costs of$19.4 billion,assuring 30 years to pay both principal and interest costs of the bonds. Payments would average about$547 trillion per year. When constructed,unknow n operatlon and maintenance costs,probably over$1 billion annually;at least partially, and potentially fully,offset by passenger fares. O YES O NO N SD 202.007 OFFICIAL BALLOT `SAN DIEGO COUNTY,CALIFORNIA PRESIDENTIAL GENERAL ELECTION-November 4,2008 TO THE STATE PROP STANDARDS FOR CONFINING FARM ANIMALS. INITIATIVESTATUTE Requires that certain farm animals be allow ad,for the majority of every day,to fully extend their limbs or w ings,Ire dow n, stand up and turn around. Limited exceptions apply. Fiscal bpacL Potential unknown decrease instate and local tax revenues from farm businesses,possibly in the range of several mill"an dollars annually, Potential river local and state enforcement and prosecution costs,, partly offset by increased fine revenue. Fel NO 0 PROP 3 CNILDRENS HOSPITAL BOND ACT. GRANT PROGRAM.INITIATIVE STATUTE Authorizes'' $980,000,000 in general obligation bonds for construction,expansion,remodeling,renovation, furnishing and equipping of eligible children's hospitals. Fiscal Impact: State cost of about$2 billion over 30 years to pay off both the principal($980 pillion)and interest($933 pillion)costs of the bonds. Payments of about$64 rrillion'per year: YES All NO 0 ' PROP4 WAITING PERIOD AND PARENTAL ' NOTIFlCATION BEFORE TERMINATION OF M INORS PREGNANCY. INITIATIVE CONSTITUTIONAL AMENDMENT. Changes California Constitution, prohiblting aborton for unemancipated minor undl48 hours after physician notifies mnor's parent,legal guardian,or In limited cases,substitute adult relative. Provides an exception for medical emergency or parental waiver. Fiscal"act: Potential unknow n net state costs of several million dollars annually for health and social services program,court administration,and state health agency administration combined. LEI NO 0 PROP 5 NONVIOLENT DRUG OFFENSES. SENTENCING,PAROLEAND RE ABILITATION INITIATIVE STATURE Allocates$460,000,000 annually to arprove and expand treatment program. Limits court, authority to incarcerate offenders who cornot certain drug crimes,break drug treatment rules or violate parole. Fiscal Impact: Increased stale costs potentially exceeding$1 bilion annually primarily for expansion of offender treatment programs. State savings potentially exceeding$1 billion annually on corrections operations. Net one-time state prison capital outlay savings potentially exceeding$2.5 billion. Im Im 0 NO OFFICIAL BALLOT SAN DIEGO COUNTY,CALIFORNIA PRESIDENTIAL GENERAL ELECTION-November 4,2008 NO 0 PROP 7 RENEWABLEENERGYGEERATION. INITIATIVE STATUTE STATUTE Requires government-owned utilities to generate 20%of their electricity from I renew able energy by 2010,a standard currently applicable to private electrical corpoetlons. Raises requir ement for all utilities to 40%by 2020 and 50%by 2025. Fiscal Impact: Increased state administrative costs up to$3.4 mllion annually,paid by fees, Unknown Impact on state and local government costs and revenues due to the measure's uncertain impact on retail 0 YES 0 NO 02AOASC3 1033 00577 04 N So 202.008 - I 016E27CA 1033 00943 05 PROP CRIMINAL JUSTICESYSTEA. VICTIMS'FIGHTS. PAROLE INITIATIVE CONSTITUTIONAL AM ENOM ENT AND STATUTE Requires notification to victim and opportunity for input during phases of crirnal justice process,including bail, pleas,sentencing and parole. Establishes victim safety as consideration for bail or parole. Fiscal Impact: Potential loss of state savings on prison operations and increased county jail costs amounting to hundreds of millions of dollars annually. Potential net savings in the low tens of millions of dollars annually on parole procedures. [a] NO 0 - N So 202.009 MEASURES SUBMITTED - I STATE TO THE VOTERS PROPB ELIMINATES RIGHT OF SAMESIX STATE I COUPLE TO MARRY.INTIATIVECONSTITUTIONAL AMENDMENT. Changes California Constitution to _ eliminate the right of same�sex couples to marry, Provides that only marriage between a man and a women is valid or recognized in California. Fiscal hrpact: Over next few years,potential revenue loss, mainly sales taxes,totaling in the several tens of millions of dollars,to state and local governments. In the long run,likely title fiscal impact on state and local governments, PROP 6 POLICE AND LAW ENFORCEMENT i FUNDING. CRIMINAL PENALTIES AND LAWS. INITIATIVE STATUTE Requires mninum of $965,000,000 of'state funding each year for police and local law enforcement. Makes approximately 30 revisions to California criminal law. Fiscal tryact: 'Increased net state costs exceeding$500 million annually due to increasing spending on criminal justice programs to at least$965 million and for corrections operating costs. Potential one-time state prison capital YES Q outlay costs exceeding$500 mllion. ' O YES NO NO 0 PROP 7 RENEWABLEENERGYGEERATION. INITIATIVE STATUTE STATUTE Requires government-owned utilities to generate 20%of their electricity from I renew able energy by 2010,a standard currently applicable to private electrical corpoetlons. Raises requir ement for all utilities to 40%by 2020 and 50%by 2025. Fiscal Impact: Increased state administrative costs up to$3.4 mllion annually,paid by fees, Unknown Impact on state and local government costs and revenues due to the measure's uncertain impact on retail 0 YES 0 NO 02AOASC3 1033 00577 04 N So 202.008 - I 016E27CA 1033 00943 05 PROP CRIMINAL JUSTICESYSTEA. VICTIMS'FIGHTS. PAROLE INITIATIVE CONSTITUTIONAL AM ENOM ENT AND STATUTE Requires notification to victim and opportunity for input during phases of crirnal justice process,including bail, pleas,sentencing and parole. Establishes victim safety as consideration for bail or parole. Fiscal Impact: Potential loss of state savings on prison operations and increased county jail costs amounting to hundreds of millions of dollars annually. Potential net savings in the low tens of millions of dollars annually on parole procedures. [a] NO 0 - N So 202.009 _ OFFICIAL BALLOT SAN DIEGO COUNTY,CALIFORNIA PRESIDENTIAL GENERAL ELECTION•November 4,2008 MEASURES SUBMITTED I [ STATE �� TO THE VOTERS PROP 12 VETERANS'BONDACT OF2008. This act provides for a bond issue of nine hundred milflon ' STATE dollars($900,000,000)to provide farm and hone aid for California veterans. Fscal Impact: Costs of about$1.8 billion to pay of/both the principal($900 s paid and stared participating v teran)on the bonds;costs paid in _ and int rest veterans. Average p r year for principal and interest of about$59 rriYlon per year for 30 years. PROP 1U ALTERNATIVE FUEL VENCLES AND RENEWABLEENERGY. BONDS. INITIATIVE STATUTE Authorizes$5 bdllon in bonds paid from state's General Fund,to help consumers and others purchase certain vehicles,and to fund research in renew able energy and O YES - alternative fuel vehicles.Fiscal Impact: Stale cost of about$10 n over 30 years to repay bonds. Won hcreased state and local revenues,potentially totaling NO 0 `- several lens of millions of dollars through 2019. Potential state administrative costs up to about$10 million annually. YES COUNTY OF SAN DIEGO 0 NO PROP 11 REDISTRICTING. INTIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE Changes authority for establishing state office . boundaries from elected representatives to conmssloi Establishes multilevel process to select coneissloners from registered voter pool. Comdssion comprised of Democrats,Republicans,and representatives of nelthe 'party. Fscel Impact: Potential increase in state 'redistricting costs once every ten years due to two entities performing redistricting, Any increase in costs `probably would not be sign8icant. YES 0 0 NO E(92D97D 1033 00577 06 COUNTY OF SAN DIEGO PROP SAN DIEGO COUNTY REGIONAL FIRE PROTECTION BALLOT MEASURE To improve w ildfue prevention and firefighting capabilities,shall the County of San Diego ordinance be adopted to establish a special fire protection parcel tax and provide for the I establishment of a Regional Fire Protection Agency to coordinate expenditures and regional efforts including: Specialized emergency equipment such as helicopters ' and airplanes;Wildfire training program for emergency personnel;Communications systems to improve response times;and,Brush clearing and other programs I to help prevent w ildfires7 YES 0 N0 N SO 202-010 PRESIDENTIAL GENERAL El MEASURES SUBMITTED TO THE VOTERS CITY CITY OF ENCINITAS PROP Shalt an ordinance be approved to amend Section 3.12.030 of the Encinitas Wnicipal Code to require guests of short-term vacation rental units(less than 30 days)to pay 2%as a special transient occupancy tax to be used only for beach sand replenishment and stabilization projects(the.same as the guests staying at Encinitas hotels and motels currently do)effective January 1,20097 YES 0 O NO r EE7BB28C 1033 00577 07 2008 N SO 202.011 VOTER' INFORMATION PAMPHLET The following pages contain STATE SENATE AND ASSEMBLY CANDIDATES ACCEPTING VOLUNTARY SPENDING LIMITS and CANDIDATES' STATEMENTS and LOCAL BALLOT MEASURES, _ TAX RATE STATEMENTS, ANALYSES, ARGUMENTS, REBUTTALS, ORDINANCES AND CHARTER TEXT (whichever are applicable to your ballot) STATE PROPOSITIONS TWO'SEPARATE CALIFORNIA STATE PAMPHLETS (IN 81/2X 11 NEWSPRINT) ARE PROVIDED BY THE SECRETARY OF STATE. ONE PAMPHLET WILL CONTAIN INFORMATION CONCERNING PROPOSITIONS 1 THROUGH 12.THE SECOND WILL CONTAIN INFORMATION CONCERNING PROPOSITION 1A WHICH THE STATE LEGISLATURE VOTED TO REPLACE PROPOSITION 1. ARGUMENTS AND REBUTTALS Arguments in support of or in opposition to the proposed measures are the opinions of the authors and have not been checked.for accuracy by any official agency. CANDIDATES' STATEMENTS Senate and Assembly candidates who accepted voluntary spending . limits, as well as all candidates for local nonpartisan offices had the opportunity to submit a statement.The following pages may not contain a statement for every candidate, as some candidates chose not to submit one. The statements are the opinions of the authors and have not been checked for accuracy by any official agency. Candidate statement costs are paid by the,candidate or, in some cases, by the jurisdiction. (A complete list of candidates appears on the "SAMPLE" version of the Official Ballot in this pamphlet.) FP-03-03 N So 202-012 t. CANDIDATES ACCEPTING VOLUNTARY SPENDING LIMITS (These provisions apply to State Senate and State Assembly candidates only.) Pursuant to state law, the following candidates have accepted voluntary spending limits and, therefore, are eligible to submit a candidate's . statement of qualifications This notice applies only if candidates for State Senate or Assembly have qualified for the ballot in your party. CANDIDATES BY DISTRICT CANDIDATE STATEMENT. SUBMITTED 39th State Senate Jeff Perwin, Rep Yes Jesse Thomas;Lib No 1 66`h State Assembly Grey Kenneth Frandsen, Dem No Kevin D. Jeffries, Rep Yes 73rd State Assembly Andrew H. Favor, Lib, No Judy Jones, Dem Yes 74`h State Assembly Paul King, Lib No Brett Deforest Maxfield, Dem Yes 75`h Assembly District Darren Kasai, Dem No John Murphy,.Lib No 76'h State Assembly Daniel H. Baehr, Lib No Ralph Denney, Rep Yes 77`h State Assembly Joel Anderson, Rep - Yes Richard G. Belitz, Lib No Raymond Lutz, Dem Yes, 781h State Assembly 79'h State Assembly Derrick W. Roach, Rep Yes FP-02-12 N So 202-013 STATE ASSEMBLY 74th District— Democratic BRETT DEFOREST MAXFIELD Age: 37 Attorney and Business Person/Published Legal, Economic and Public Policy Scholar/Consumer, Environmental and Civil Rights Activist Former Civil Servant and Whistle Blower/Former Teacher We The People are sick and tired of the status quo. We need to transcend the polarities that are tearing this country apart and fight the powerful forces that have a vested interest in continuing the dysfunction of our government. Corporate subsidies and other crooked deals are draining tax dollars to benefit the few at the expense of the,many. . Politicians are perpetuating this governmental dysfunction by taking money from lobbyists and attending to their agendas rather than what is in the best interest of We The People. For example:AB2205, legislation to increase horse racing days at Del Mar, resulting in more money to a few who lobbied for this at the expense of more traffic and pollution to We The People. I refuse to take money from lobbyists. I will introduce laws grounded in principles of truth and justice rather than greed and ignorance. I will bring.transparency,integrity and accountability to Sacramento. I will fight for better education and healthcare;the preservation of open space and the environment,clean renewable energy, a balanced budget without increasing the tax burden of average citizens and policies to stimulate our economy and fix our transportation and immigration problems. If you want to see change in Sacramento, I am your candidate.. I will fight for We The People rather than lobbyists'agendas. www.bretlmaxfeld.com UC Berkeley BA in History, UCLA School of Law JD, USD School of Law LLM in Business and Corporate Law and USD Graduate Business School MBA MIRACOSTA COMMUNITY COLLEGE DISTRICT Governing Board Member—Trustee Area No. 3 JACQUELINE SIMON Educator/Incumbent I was elected to the MiraCosta College 'Board of Trustees in 2004: 1 reside in Carlsbad, representing Area 3,which includes Carlsbad and Encinitas. - As an educator with 17 plus years of teaching in both community colleges and four year institutions, I bring a'unique perspective to the board. I believe passionately that MiraCosta College is in a prime position to increase student growth and promise that I will work diligently to: 1. Promote the growth of a diversified student population and staff that truly reflects our _ community .'. . 2. Advocate for increased class offerings, including intercessions. Currently students seek out other colleges,when MiraCosla's classes are full or certain courses are not offered . . . 3. Work to make performance facilities at MiraCosta available to the community, allowing them to attend cultural events here in the North County.. .4. Continue to support a safe environment for students and staff. Miracosta College is supported directly by property taxes-and therefore not subject to most statewide cutbacks. I ask you to reelect me, so that I may continue my dedication to the success of the college and its students. MIRACOSTA COMMUNITY COLLEGE DISTRICT Governing Board Member—Trustee Area No. 4 GLORIA B. CARRANZA Current Trustee/Businessowner During my tenure as a trustee at MiraCosta, my focus has been consistent and straightforward: open, transparent, and responsible government. I am known for my hard work and . dedication, in particular as an advocate for fiscal responsibility and accountability. As a business owner, I am critically aware of the fiscal impact made by the Board's decisions on the taxpayer; I take seriously my fiduciary duties as a steward of the public's trust. MiraCosta has been in turmoil for the last two years, a turn of events which I will continue to work to change. I have taken strong positions on difficult issues, never afraid to vote my honest convictions after gathering and evaluating all available facts. I have been the constant voice on the Board to advocate for students Innovation integrity and ethics. I will continue to make myself accessible to my constituents and to meet with business and civic leaders to ensure the community's interests are kept in the forefront,.while interacting with the college community in the spirit of collegial consultation. I WILL CONTINUE,TO WORK HARD TO HELP RETURN MIRACOSTA TO ITS STELLAR POSITION AMONG CALIFORNIA COMMUNITY COLLEGES AND REGAIN ITS POSITION AS AN EDUCATIONAL LEADER. CS-0374-1 N SD 202-014- I CS-35M0'-1 N SD 202-015 MIRACOSTA COMMUNITY COLLEGE DISTRICT Governing Board Member—Trustee Area No. 5 GEORGE MC NEIL Retired Educator I am a retired educator with 37 years experience as a teacher,counselor and administrator. I have a Bachelor's degree in Physics and Master's degree in Counseling. The Board has spent over $2,000,000 on the Palm Tree fiasco and related problems. *It is important to elect a Board member who is fiscally responsible. In addition to administering schools I have also been the Treasurer at my place of worship and my homeowners'association. MiraCosta is in danger of losing its accreditation because of the Board's actions. It is critical to elect a Board member with experience in this process. I have been a member of accreditation visiting teams and have directed the accreditation process for more than one school. If MiraCosta loses its accreditation students will not be able to transfer to accredited four-year universities. This would be devastating for MiraCosta. . In studying the problems at MiraCosta the San Diego County-Grand Jury stated "All of this could have been avoided if procedures had been observed and compliance monitored". I will be the taxpayer's representative on the Board and I will make sure that all decisions are reviewed and are in the best interests of the students and the community_ MIRACOSTA COMMUNITY COLLEGE DISTRICT Governing Board Member—Trustee Area No. 5 CAROLYN BATISTE I I Age: 50 President, MiraCosta Community College District Board Small Business Owner MiraCosta Community College is your community college. You own this great college and your taxes.fund our programs which are among the best in the nation. Your district runs from Oceanside to Del Mar, perhaps one of the richest coastal districts in the nation. Over the years we have prided ourselves in hiring the finest faculty available and provide a program of excellence for our students. In these days of increasing tuition at major universities we provide a excellent low cost education for the first two years allowing students to avoid the high cost of far away living and tuition. _ These next four years will shape the future of MiraCosta. It has provided the best community opportunities for high school graduates, continuing education for many in our work force and our military people at Camp Pendleton,and all at an affordable cost. I ask for your vote for Carolyn Batiste. I am a Navy veteran; I serve on state and regional trustee boards. With my husband we own a small business. I promise you a committed dedicated four years of service. My door is always open and I am available to my constituents anytime you need me. carolvnbatiste(dsbcglobal.net I CS-35MO-2 N SD 202-016 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT Governing Board Member BETH HERGESHEIMER `President, Governing Board BETH HERGESHEIMER is a committed leader in our schools. She is currently serving as President of the San Dieguito Union High School District Governing Board, representing them on district and North•Coastal Legislation Action Network committees. Prior Board duties include liaison to Solana Beach and Encinitas City Councils and completing the Masters in Governance program. Past experience includes: PTA President, School Site Council liaison, and Vice President for Legislation—lobbying in Sacramento for our schools. Beth sees fair and adequate state funding as a key issue for the public school system., She will continue to work towards reducing the achievement gap by promoting access for all students to programs spanning the educational spectrum from honors to arts and music to core, technical, and occupational coursework thus preparing students to succeed in either college and/or the workforce. J Beth lives in Encinitas with her husband of 29 years. She has three children;one is a student in the District and two have graduated. Beth has a Bachelor of Science degree-in Business Administration, experience in human resource management and has served on non-profit preschool advisory committees. BETH HERGESHEIMER has the experience and commitment to work effectively for our students. " SAN DIEGUITO UNION HIGH SCHOOL DISTRICT Governing Board Member JOYCE DALESSANDRO Vice-President, San Dieguito Union High School Board of Trustees COMMITMENT TO EXCELLENCE: I have a proven record of commitment to education in our community. Our schools have a well-deserved reputation for excellence. As a member of San . Dieguito Union High School District's Board of Trustees for the past twelve years my focus has been to ensure the highest quality education for every student. EXPERIENCED LEADERSHIP IN TIMES OF CHANGE: During rapid development I championed the opening of new schools and the modernization of existing facilities. Declining state revenues and flattening enrollment have called for creative innovations. Our joint-use facility agreements, academies, open honors classes, and schools of choice place San Dieguito on the cutting edge of both scholastic distinction and the efficient use of community resources. A VOICE FOR ALL STUDENTS: I work diligently to make our outstanding schools even better. I will continue my commitment to meeting the needs of all students through strong academic programs, career technical programs, technology and the arts, while making the most of our finite tax dollars. JOYCE DALESSANDRO, QUALIFIED TO GET THE JOB DONE: I was educated at Cornell (BS, Child Psychology) and Columbia (MA, Curriculum Development). My husband and I, married 38 years,have two daughters who graduated from district schools. CS-12FO-1 N SD 202-017 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT Governing Board Member DR. MICHAEL KLEIN Age: 43 Dentist/Past President, Encinitas Chamber of Commerce Community Leader For the past 12 years I have been active in the community of Encinitas on many levels; in my daily practice as a dentist and through my affiliations with local non-profit organizations, along with my,ongoing sponsorships of local sports and school projects. I have served on the Board of the Encinitas Chamber of Commerce for over a decade and was President from 2006-2008. 1 also served on the board'of the elementary school private/public-arts program Class-Act; presiding as its President from 2003-2007. ' I bring to the Board of Trustees commitment, local knowledge, and a documented dedication to success. I will have a fresh, new perspective focusing on our students and schools future. The management skills I have developed serving others have helped me in finding consensus before executing important decisions. I am a graduate of Tufts University School of Dental Medicine. I also hold a B.S. in Medical Technology and Health Science: My wife of 18 years,Samantha and I have a son,Joshua and a daughter, Rebecca that will be students in the district throughout the next six years. VOTE FOR MICHAEL KLEIN for San Dieguito Union High School District Trustee CITY OF ENCINITAS Member of the City Council JOE SHEFFO Age: 38 Government and Public Affairs Specialist Twenty-year resident and graduate of San Dieguito H.S. My professional life has been dedicated to public service, most recently as an editor covering local government for the North County Times. Prior to that I worked as an aide to Supervisor Pam Slater-Price and Assemblyman Mark Wyland, 1 WILL: ACCOUNTABILITY: OPPOSE all new TAXES; make city government more transparent; PROVIDE STRONG LEADERSHIP ON REGIONAL AGENCIES. No blank checks for developers. COMMUNITY: FIGHT DENSITY; support a Hall Property plan that includes 5 sports fields AND mitigates negative impacts the park will have on residents in surrounding Cardiff neighborhoods; OPPOSE attempts to build surf-altering ARTIFICIAL REEFS; MAKE UNDERGROUNDING RAILROAD TRACKS THROUGH LEUCADIA A PRIORITY. 'I attend St. John's; member: Friends of the Encinitas Library, the Encinitas Commuriity Emergency Response Team,and the Olivenhain Town Council. ENVIRONMENT: PRESERVE AND EXPAND TRAILS- PARKS AND OPEN-SPACES; PROTECT OUR COASTLINE; pursue alternative energy,clean air,clean water options. Encinitas is my hometown.' I care deeply about its future. I stand for ACCOUNTABILITY, COMMUNITY, and the ENVIRONMENT., I will be a force for MODERATION AND BALANCE on the council, especially as it concerns growth and development. W W W.SHEFF04000NCIL.COM. Ouestions7 CITY OF ENCINITAS Member of the City Council HARRIET SELDIN, DMD, MBA Age: ,55 DentistfCommunity Leader/Dog Agility Competitor I love Encinitas. As a health professional and regional community volunteer, I support a Healthy Encinitas. Healthy Government: I believe in transparent governance,fiscal responsibility, I am past-Chair of the County's Health Services Advisory Board, Chair of the County's Healthy,San Diego Professional Advisory Committee,Governors appointee to the Dental Board of California. Healthy Economy: As past-chair of the San Diego Regional Chamber of Commerce's Health Committee,and a small business owner, I support the business community. Healthy Environment: I am a sensible environmentalist.. Regulation should be based on science,and public safety, tempered with respect for private property rights. We should be proactive on water conservation and desalination,with necessary controls on development. Healthy Recreation: As a founding member of PADZ(People.and Dogs Zones) I support.new parks—including dog parks—especially the Hall Property. I have certified therapy dogs, and compete in dog agility. I support open space acquisition and beach sand replenishment. t Healthy Communities: My highest priority is public safety, supporting our Sheriff and Fire Departments, traffic calming in neighborhoods. As past-president of the San Diego County Dental Society,I support public health promotion/prevention. 436-0484,drhfseldlnfrDaol.com to listen to your concerns. Vote for Dr.Harriet Seldin CS-12FO-2 I I N SD 202-018 1 CS-09V0-1 N SD 202-019 CITY OF ENCINITAS Member of the City Council JEROME STOCKS I Age: 51 Independent Business Owner/Encinitas City Council Member As your current Mayor I've followed some basic principles which I consider essential to good government: I only vote for balanced budgets with reserve accounts "for a rainy day" . . . I require Independent outside audits of all City spending. . .Public safety is my highest priority. . . which is why I have the support and endorsement of the San Diego County Deputy Sheriffs Association and Encinitas Fire Chief Don Heiser(ret.). . . Ensure that economic vitality and the environment are priorities; Local businesses, clean water, open space, and great beaches matterl . . . I insisted that important proiects like the library, Cottonwood Creek Park, and the Community.Center were completed .'. .And will get the Hall Property Park done,tool . Because of our commitment to responsible financial management, only five cities in the State of California have a higher credit rating than Encinitas; and I think you'll agree our quality of life is second to none. - I am a husband, parent, homeowner, independent business owner, Rotarian, Chamber of Commerce member, former youth Soccer Coach, and represent you at the San Diego Association of Governments,and as President of the North County Fire Dispatch Board. Contact me at 760-635-0425,or ierome4encinitasidgmail.com with questions or comments. Please Vote Jerome Stocks CITY OF ENCINITAS Member of the City Council DOUG LONG Owner, Bert's Plumbing/Community Volunteer CITY OF ENCINITAS Member of the City Council MAGGIE HOULIHAN ' Age: 60 Encinitas Council Member, Retired Educator 38-year resident It has been my honor to serve you for the past eight years, and as your representative, I will: Promote a healthy economy by approving only balanced budgets and supporting historic preservation,arts,culture,recreation,a healthy natural environment,and our local businesses. . . Advocate for open government,facilitate citizen involvement,and rely on your voice in decision making . . . Preserve Irreplaceable coastal and inland habitats by purchasing..open space before it's gone. . . Ensure clean ocean water, beach sand replenishment,and restoration of San Elijo Lagoon . . . Require development to reflect scale and character of neighborhoods . . . Assess cumulative impacts of development on neighborhoods . . . Provide traffic relief by funding-traffic calming measures throughout neighborhoods to reduce speeds and keep cut- through traffic out of our neighborhoods . . . Enhance community resources by completing 43- acre community pwk,trail system and dog parks . . . Expand.public safety services to address concerns expressed by citizens. Five unique communities,beautiful beaches, incredible parks. We cannot take our quality of life for granted, and I pledge to work on your behalf to preserve and enhance our beautiful City. Endorsements: County Supervisor Pam Slater-Price . . . Sierra Club . . . League of Conservation Voters. ' w rw.VoteForMaggie.com...753-8615. CITY OF ENCINITAS Member of the City Council Age: 58 BETSY ACETI Coastal Advocate Volunteer/Parent Doug Long brings the balanced and experienced leadership we need to guarantee Encinitas truly is a community responsive to the needs of its residents now and into the future) As a life long resident, local small business owner, and civic volunteer he has first hand experience with the concerns and issues of importance to Encinitas'citizens. Doug Long's strong leadership and solid experience will: Support implementation of the community park on the Hall property, with emphasis on sports fields for our children . . . Protect our beaches and natural resources . . . Cut inefficient government spending of . taxpayers'funds . . . Promote quality growth for businesses and residents through sound. management. He has been actively Involved in the community for over thirty-five years, currently serving as Chairman of the Parks and Recreation Commission, as President of the Downtown Encinitas MainStreet Association, as Vice President of the Encinitas Preservation Association that saved the famous'Encinitas boat houses, and.earned Volunteer of the Year" from the Encinitas Chamber of Commerce. While raising a family and successfully running Bert's Plumbing, he also sponsored girl's softball (Bert's Squirts), Little League and soccer. VOTE FOR DOUG LONGI .".(760)753.3727. . .FRIENDSOFDOUGLONG.COM Age: 46 Encinitas is among the best coastal titles in the world—and I want to make It even better. I have lived in Encinitas for more than ten years and I have great respect for our local history and quality of life. Our children have attended Encinitas schools and I am committed to promoting our community's strong family values. I will promote the success of businesses large and small throughout the city. wetlands and watersheds. As a volunteer for CalCoast.org, I have learned from experts up and down the coast and I have traveled to Sacramento and Washington, D.C. to support funding for ' coastal programs. I won't raise our taxes) I want to improve our quality of life with existing revenues, while at the same time leveraging city funds with State and Federal fundinq to enhance our business corridors, create new parks, improve water quality, increase recycling, reduce litter and support the arts. Whether you are a parent or a small business owner—whether you love the coast or the open spaces in Olivenhain—I will be your voice on the City Council. CS-09VO-2 N SD 202-020 I CS-09V0-3 _ - N SD 202-021 RACHELLE COLLIER Dental Office Manager CITY OF ENCINITAS Member of the City Council Age: 57 I will work to keep Encinitas Livable, give residents of our five unique communities a voice in' their future and restore their trust in government. We have great opportunities to protect and enhance our quality of life while preserving the artistic and historic small town feel that protects our property values. We must acquire open space, protect our beaches, adopt green building standards and promote our business sector to create a sustainable community. - I support,a variety of recreational opportunities for Encinitas residents of all ages and interests. I will work to add more parkland. We must achieve these goals within the framework of open and transparent government in a fiscally responsible manner. I am a 16—year resident of Encinitas, President of Leucadia Town Council, Secretary of Leucadia 101 MainStreet Association and endorsed by the California Sierra Club and League of Conservation Voters. Decisions made today will impact future generations. They deserve to have the same or better quality of life that we enjoy now. I ask for your vote www.CollierForEncinitas.com 760 8140256 CITY OF ENCINITAS Member of the City Council BOB.NANNINGA Age: 44 CaM Owner/Environmental Journalist/Teacher As a native Californian, active member of the Encinitas Community, environmentalist, and local Cafe owner I understand the importance of preserving the quality of life shared by the 63,000 residents who call Encinitas home. To maintain a healthy business climate I will continue to be a small business advocate. A 'vibrant local economy encourages sustainable growth, ecotourism, the arts, historic preservation, and family friendly neighborhoods while providing municipal services and public amenities to the highest standard. Increasing public participation at every level of government will ensure public representatives are fully accountable to the people who elect them. To preserve Encinitas for Encinitas and protect the character of Encinitas'five distinct communities decisions should be made by residents at the local level,while assuring civic and property rights are protected for all citizens. An opinion editorialist for the Coast News Group, educator, and professional performer my community service includes 3 term Encinitas Parks and'Recreation Commissioner (2001- 2007), Encinitas Environment Day Founder, Invasive Species Committee, Cottonwood Creek Conservancy, Encinitas Chamber of Commerce, Downtown Encinitas Mainstreet Association. Open, honest,and future focused, I will bring a fresh perspective to the Encinitas City Council www.nanninaaforencinitas.ora CITY OF ENCINITAS Member of the City Council JUDGE.ANTHONY "TONY" BRANDENBURG Chief Judge, Intertribal Court of Southern California Judge Brandenburg served over 16 years on our Superior and Municipal Court benches as Commissioner prior to his appointment as Chief Judge of the Intertribal Court of Southern California. He SUPPORTS sound fiscal policies, continuously working at eliminating waste and duplication while protecting our quality of life issues. He will work diligently at maintaining quality police and fire services while preserving and protecting.the uniqueness and individuality of our neighborhoods. ENDORSED BY DEPUTY SHERIFFS ASSOCIATION . PAST PRESIDENT ENCINITAS SCHOOL DISTRICT and ENCINITAS FACILITIES FOUNDATION . . . ENCINITAS RESIDENT 49 YEARS . . . ADJUNCT LAW PROFESSOR 21 YEARS . PAST PRESIDENT SAN DIEGO COUNTY JUDGES ASSOCIATION and CALIFORNIA COURT COMMISSIONERS ASSOCIATION . VICE PRESIDENT OLIVENHAIN TOWN COUNCIL . . . FACULTY MEMBER NATIONAL JUDICIAL COLLEGE . . . FORMER U.S.MARINE. Judge Brandenburg and his family enjoy 4-H,scouting,travel,and their many animals. "Local government is a cornerstone in our democracy and must be kept open and accessible to those it serves. Bringing people, ideas,and city officials together is key in this concept." Vote LEADERSHIP AND EXPERIENCE . . . ELECT JUDGE TONY BRANDENBURG - ENCINITAS CITY COUNCIL. Brandenbura4Encinitas(c.vahoo.com www iudaebrendenbura4encinitas.com , 760-224-2478 CITY OF ENCINITAS - Member of the City Council. JAMES BOND Incumbent/Retired Telecommunications Executive I am honored to have served the City of Encinitas for 16 years as Councilman or Mayor. During that time I have hold, and continue to hold, these basic Principals essential to effective local government: To: Serve Encinitas and Its Citizens. . .Adopt only"balanced" budgets with a sustainable future . . .Reduce red tape and bureaucracy In government . . .Ensure.that the necessary, essential services are priority one. . .Make common sense Judgments and decisions that carry out the "intent" of existing laws and ordinances before introducing more of the same . . .Pursue a vision for Encinitas as the best city in which to live,work, and play—for all of us. 5 Further, I will ensure all growth is intelligently planned and leads to genuine progress, listen to both sides of every issue,and make the hard decisions facing Encinitas. QUALIFICATIONS: I have 30 years of business experience, am financially secure in my retirement and have the time and energy to devote to City Council work. I hold a degree in Business Administration, a Masters Degree in Human Behavior, served honorably in the United States Marine Corps,and my vote is not for sale. All of which will serve me well in serving you well. 760-943-8628/j.bond @netscape.com CS-09VO-4 'N SD 202-022 1' CS-09V0-5' 'N SD 202.023 COUNTY OF SAN DIEGO Proposition A� (This proposition will appear on the ballot in the following form.) PROP A 1. SAN DIEGO COUNTY REGIONAL FIRE PROTECTION BALLOT MEASURE. To improve wildfire prevention and firefighting capabilities, shall the County of San Diego ordinance be adopted to establish a special fire protection parcel tax and provide for the establishment of a Regional Fire Protection.Agency to coordinate expenditures and regional efforts including: Specialized emergency equipment such as helicopters and airplanes; Wildfire training programs for emergency personnel; Communications systems to improve response times; and, Brush clearing and other programs to help prevent wildfires? This proposition requires approval by two-thirds of the voters voting on the proposition. The full text of this proposition follows the arguments and rebuttals. . COUNTY COUNSEL IMPARTIAL ANALYSIS The County Board of Supervisors approved this ballot measure to be submitted to the voters. This ballot measure, identified as Proposition A, is a proposed County ordinance, entitled "An Ordinance to Improve and Enhance Firefighting Resources&Services by Adoption of a Regional and Local Fire Protection Parcel Tax." All voters in the entire County, including voters in all the cities and the County's unincorporated area,are asked to vote on Proposition A. The purpose of Proposition A's proposed ordinance is to adopt a County special tax (known as the fire protection parcel tax) so that the tax revenues can be used to improve and enhance firefighting resources and services for regional and local purposes. In addition, this proposed ordinance provides for the establishment of a countywide joint powers agency, which would be named the San Diego Regional.Fire Protection Agency ("Regional Agency") that will manage, administer, and oversee the regional parcel tax funding for the deployment of regional firefighting resources and services. ' A vote of two-thirds (2/3rds) of the voters voting on Proposition A is required to approve the ordinance. If approved, the ordinance would be adopted and a special tax applied to all real property parcels. The base rate of the tax would be$52/parcel.per year. For large parcel s,'and large structures/improvements on parcels, this base rate would be increased by $1.00 for each acre in excess of 50 acres on a parcel, and 1¢ for each square foot in.excess of 10,000 square feel of a structure/improvement. The maximum tax cannot exceed $1,000/year. The parcel tax would commence fiscal year 2009-2010(beginning July 1, 2009), and would be due and payable at the same time as property taxes in December and April of each fiscal year. The tax rate and maximum tax are subject to an annual adjustment based on the local Consumer Price Index. The duration of the tax is limited to 30 years. The tax revenues would generate approximately $50 million/year. Half the revenues would be allocated to the Regional Agency for regional purposes, and the other half to local agencies for local purposes. The local agencies include the County, all 18 cities, and all local.agencies responsible for providing fire protection services within the unincorporated area. The local agencies are required to continue to spend a specified level of their own funds on fire protection in order to'receive their full allocation of parcel tax revenues. If this ballot measure is approved, the local agencies will enter into a Joint Powers Agreement that will create the Regional Agency. The Regional Agency's governing body includes 10 voting members: one member from the Board of Supervisors, the Mayor of the City of San Diego, four city council members from four of the remaining 17 cities, and four members from local agencies in the unincorporated area that provide fire protection services. •"yes'vote is a vote in favor of adopting the proposed ordinance. •"no"vote is a vote against adopting the proposed ordinance. PR-CW01-1 N SD 202-024 ARGUMENT IN FAVOR OF PROPOSITION A We've all witnessed, first hand,the devastating impact on our community of two major firestorms in the past five years.. All told, these fires claimed 27fives, destroyed more than 4,000 homes and led to one of the largest mass evacuations in American history. Experts agree it is only a matter of time before another wildfire strikes our region again. Passage of PROPOSITION A will dramatically improve our ability to fight future wildfires and significantly bolster day-to-day emergency services in every corner of our region. Most importantly, passage of PROPOSITION A will provide necessary funding for the immediate acquisition of new fire trucks, new firefighting helicopters and aerial tankers — all to be used exclusively here in our local neighborhoods. PROPOSITION A will provide the funds required to upgrade our emergency communications system,which will allow firefighters, police officers, dispatchers and other emergency responders to communicate with each other much more effectively. PROPOSITION A will also strengthen local brush management and brush clearance programs, reducing the very fuel that enables wildfires to spread. PROPOSITION A provides for the establishment of Regional Fire Protection Agency to ensure better coordinated responses,resulting in quicker response limes,and greater efficiency. All of this can be accomplished with most property owners contributing only one dollar per week) PROPOSITION A has strong taxpayer safeguards. It requires that proceeds be shared between rural fire districts and urban fire departments, ensuring that fire services in the entire region are improved. It also guarantees that funds cannot be diverted for other purposes or taken for use by either the state or federal government. Please join community leaders, your neighbors and firefighters in ensuring we have the resources and equipment we need before we face that next,inevitable wildfire.Vote yes on PROPOSITION At JERRYSANDERS Mayor of San Diego WILLIAM B.KOLENDER Sheriff MARK BAKER AUGUST GHIO Fire Chief/President, Fire Chief/President; San Diego County Fire District Association San Diego County Fire Chiefs'Association PR-CW01-2 GREG COX Chair, Board of Supervisors Chair, San Diego County Unified Disaster Council N So 202.025 REBUTTAL TO THE ARGUMENT IN FAVOR OF PROPOSITION A Here's what Proposition A proponents neglected to tell you: • San Diego County adopted a 2007-2008 budget of*about $4.7 billion, over 8% higher than the previous year. County, revenues have soared,in recent years, but our Supervisors have chosen not to fund these firefighting improvements from their swollen budgets. ,. • By supporting this tax, our Supervisors essentially are deciding that all other budget spending is more important than firefighting—that there isn't$50 million to be found in a $4.7 BILLION county budget. That's about ONE PERCENT of the budget. Amazing] • Aside from sheriffs and jails, what other county spending category could possibly be as important as fighting brush fires?Judging from our Supervisors'decision,.apparently just about EVERYTHING else is more important than firefighting. ' • _ Our County Supervisors,annually distribute $10 million from their taxpayer-funded discretionary accounts (informally known as their "slush funds"). They give only a pittance of this money to firefighting—most goes to narrow special interest groups. • Perhaps if firefighters started funding trips overseas for the Supervisors, they'd have more luck getting these discretionary funds. Sure seemed to work for other groups) • Tax hikers in just about every local government probably,are hoping this parcel tax passes. If it does, it likely will encourage politicians to bring forward more and probably larger parcel taxes in the future.' Hence this issue is far bigger than "only a dollar a week," • This tax rises with a cost of living index. Bad ideal Enoughl No new taxes. No on Prop At www NOSDParcelTax.com THE HONORABLE JOEL ANDERSON RUTH M.STERLING Assemblyman,77'"District La Mesa City Councilwoman LOUIS P. KARTSONIS,M.D. PAT FLANNERY Physician/Ophthalmologist Real Estate Broker _ I RICHARD RIDER Chairman,San Diego Tax Fighters ARGUMENT AGAINST PROPOSITION,A In the teeth of this recession,with record energy prices, soaring unemployment and plummeting home values,the county presents its solution—RAISE TAXESI What are they smoking?! This tax is for fire protection, which should be a top priority for government. But we already pay plenty of taxes to provide firefighting. If we need more money for this critical service,we should SHIFT funds from other less important government functions— such as the current policy of providing most thirty year county workers with two pensions that together far exceed their highest salary. It's bad enough that politicians want to raise taxes. But this time they are after the poorest and weakest of our citizens. ' This parcel tax charges the same $52 to almost all property owners— residential and business. Hence it is EXTREMELY regressive, hurting the working class and retirees the most. A two million dollar homeowner will pay the same parcel tax as a$200,000 condo owner. Equally disturbing is that the county and local jurisdictions refuse to pursue more innovative, cost effective options to fight our infrequent but devastating brush fires. Options such as: • Ask our thousands of firefighter-trained military to help fight the.fires, especially in suburbia. • Form an emergency reserve volunteer firefighter brigade.. Train homeowners who want to stay and defend their homes — especially suburban homes—from the brush fire embers that cause most house fires. In this recession, California politicians have gone tax crazy. Our state and local ballots will be filled with taxes and bonds galore. It's time to say no to ALL the tax increases. And especially to this parcel tax. If this measure passes,count on more parcel tax propositions in future elections. We pay more than enough taxes now. Vote NO on A. RICHARD RIDER -ALLEN P.'HEMPHILL Chairman, San Diego Tax Fighters Newspaper Columnist, JOE SHEFFO GARY PIETILA Candidate,Encinitas City Council Ranchita Homeowner MICHAEL BENOIT Chair, Libertarian Party of San Diego County PR-CW01-3 - N SO 202.026 I PR-CW01-4 N SO 202.027 REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION A Thousands of homes in our communities were burned to the ground by raging wildfires in 2003 and 2007. When the next firestorm strikes,the San Diego region must be better preparedl Proposition A will provide funds for equipment our fire fighters desperately need to protect the people of San Diego County. % Proposition A will allow our fire departments and local governments to acquire equipment { critical for fighting fires,like helicopters,aerial tankers and fire trucks. Proposition A will fund much-needed upgrades to communication systems currently relied upon by emergency personnel during disasters. The short-sighted opponents of Proposition A would have you believe that we already have enough money to pay for the increased fire protection-we need. They simplistically suggest that money be taken away from other important services to fund fire protection. But this could cripple police service,undermine road repairs,cut library hours and even shut down parks. San Diegans understand that robbing Peter to pay Paul by putting existing services at risk is just a bad idea,not a solution. _ Proposition A will fund aggressive brush clearing, vegetation management, flammable materials removal programs:and greater public education to prevent fires from starting and spreading. And most Importantly, funds generated by Proposition A will stay right here in San Diego County. These funds cannot be used for anything other than expanding our region's fire fighting services and increasing fire protection. When the next devastating wildfire strikes, will San Diego County be ready? The decision Is ours. Please vote YES on Proposition A. RON ROBERTS, County Supervisor IRVING"JAKE"JACOBY, MD, FACP, FACEP Co-Chair, Regional Fire Protection Committee Board Certified Emergency Medicine Physician Disaster Medical Response Specialist JAMES A.FLOROS RON LANE Executive Director,Burn Institute Director,Office of Emergency Services TRACY JARMAN,Fire Chief City of San Diego AN ORDINANCE TO IMPROVE AND ENHANCE FIREFIGHTING RESOURCES & SERVICES BY ADOPTION OF A REGIONAL AND LOCAL FIRE PROTECTION PARCEL TAX The People of the County of San Diego ordain as follows: Section 1. Statement of Purpose. - The wildfires that occurred within the County of San Diego in 2003 and 2007 have demonstrated the need for additional funding for fire protection resources and services, both on a regional and,local basis. In addition, there is a need for a regional organization, consisting of public agency .representatives from all areas within the County, to manage, administer, and oversee the regional funding for the deployment of regional firefighting resources and services. Therefore,the People of the County of San Diego hereby approve this Ordinance to adopt a County special-tax on parcels of real property in San Diego County to be used to fund fire protection equipment,firefighting,and related services to prevent and to fight fires on both a regional and local level. In addition, this ordinance provides for the establishment of a countywide joint powers authority, entitled the "San Diego Regional Fire Protection Agency," to manage, administer, and oversee the regional funding for the deployment of regional firefighting resources and services. Section 2. A new Chapter 2, commencing with section 96.201, entitled "Voler.Approved Countywide Regional&Local Fire Protection Parcel Tax and Funding Plan"is added to Division 6 (Fire Protection)of Title 9(Construction Codes and Fire Code)of the San Diego County Code of Regulatory Ordinances to read as follows: CHAPTER 2. VOTER APPROVED COUNTYWIDE REGIONAL& LOCAL FIRE PROTECTION PARCEL TAX AND FUNDING PLAN " SECTION 96.201. STATEMENT OF PURPOSE. .The voters of the County have determined that the County's 2003 and 2007 wildfires'have demonstrated the need for additional funding for fire protection resources and services, both on a regional and local basis. Furthermore,the voters also have determined that there is a need for a regional organization,consisting of public agency representatives from all areas within the County to manage, administer; and oversee regional funding for the deployment of regional firefighting resources and services. Therefore,this Chapter was approved by the voters for the express purpose of adopting a County special tax on parcels of real property in San Diego County to be used to fund fire protection equipment, firefighting, and related services to prevent and to fight fires on both a regional and local level, In addition, the voters approved this Chapter for the purpose of providing for the establishment a countywide joint powers authority, entitled the "San Diego Regional Fire Protection Agency," to manage, administer, and oversee regional funding for the deployment of regional firefighting resources and services.. SECTION 96.202. DEFINITIONS. ' The following definitions shall apply to the terms used in this Chapter: (a) "City"means any incorporated city in the County of San Diego. (b) "County" means the entire geographical area of the County of San Diego, including both incorporated and unincorporated territory. (c) "Exempt" means any land or improvements, or both, that are fully exempt from ad' valorem property taxes pursuant to current law and designated as fully exempt by the San Diego County Assessor's Office or,for State assessed property, by the State of California. (d) "Fire protection equipment, firefighting and related services" mean the following items for which the regional portion of the fire protection parcel tax revenues may be expended by the Regional Fire Protection Agency in furtherance of the purposes expressed in this Chapter: (1) Any firefighting equipment, including, but not limited to, aerial assets, firefighting vehicles, insurance, and emergency and communications equipment for public safety purposes,which may be acquired by purchase,lease,or any other means. (2) Firefighting, fire prevention activities, firefighter training, and other related services, which involve the employment of firefighters, firefighting trainers,fire protection and suppression experts, firefighting pilots, firefighting equipment mechanics, and other necessary firefighting staff, who may be employed by the Regional Fire Protection Agency by contract or as employees. PR-CW01-5 N SD 202-029 'I PR-CWO1.6 - N SD 202-029 (a) M (g) (h) (3) Purchase or lease of real properly and/or structures, the construction of structures, including the purchase of insurance,for the purpose of providing fire stations,firefighting training space,or office space for use by the Regional Fire Protection Agency. (4) Administrative expenses of the San Diego Regional Fire Protection Agency. "Administrative Expenses" mean expenses associated with managing, operating, and administering the Regional Fire Protection Agency, including but not limited to the cost of services, supplies, office equipment, and for the salaries and benefits to employ administrative staff as'employees or by contract,for the express purpose of providing administrative support for the firefighting equipment, functions, activities, and related services. Administrative staff means non-firefighter positions, which include, but are not limited to, the following administrative type positions: management, fiscal, legal, human resources, information technology, office support, and any other related administrative positions. "Fire protection county service area""(or "fire protection CSA" or "County CSA") means any of the following county service areas within the unincorporated area of the County, including any successors-in-interest to these CSA's, any jurisdictional changes to these CSA's, and any other CSA's not listed here that are established in accordance.with applicable law through the county service area statutory process,and including any zones within such County CSA's, as the County established local agencies responsible for providing fire protection services for those unincorporated areas: ' (1) CSA 107 Elfin Forest (2) ' CSA 109 Mt. Laguna (3) CSA 110 Palomar Mountain (4) CSA 111 Boulevard (5) . CSA 112 Campo (6) CSA 115 Pepper Drive - (7) CSA San Pasqual (8) CSA 135, Zone entitled "San Diego County Regional Fire Authority, .contingent upon the approval of the fire protection latent powers for the Zone entitled the"San Diego County Regional Fire Authority" in CSA 135 by the San Diego Local Agency Formation Commission. ' " "Fire protection district" (or"FPD")means any of the following fire protection districts that are located in the unincorporated area of the County, including any successors-in-interest to these districts, any jurisdictional changes to these FPD's,and any other fire protection districts not listed here that are established in accordance with applicable law through the process involving the Local Agency Formation Commission(LAFCO): (1) Alpine FPD , (2) Bonita-Sunnyside FPD ` (3) Borrego Springs FPD (4) Deer Springs FPD (5) Julian Cuyamaca FPD . (6) Lakeside FPD, - '(7) Lower Sweetwater FPD (8) North County and North County Rainbow Sub FPD - - (9) Pine Valley FPD (10) Rancho Santa Fe FPD , (11) 'San Diego Rural FPD - (12) San Marcos FPD • (13) San Miguel and San Miguel—Grossmont FPD. (14) Valley Center FPD ' (15) Vista FPD "Fire protection parcel tax revenues," as these terms are used in Section 96.204 regarding allocation of the tax revenues, mean the actual amount of the parcel tax specified under Section 96.203 that is collected by the County Tax Collector on each taxable parcel for all•County taxable parcels per year, and does not include penalties or interest associated with such parcel tax payment. . "General tax" (or "general purpose tax") means any tax that can be used for general purposes. These taxes include, but are not limited to, the following: property tax, sales and use tax,utility users'tax,transient occupancy tax,business license tax,and any,other taxes that provide revenue to local government agencies to be used for general purposes. 1. (i) "Improvement" means all buildings and structures, as those terms are used in California Revenue & Taxation Code section 105, with a structural design that is measurable in square feet to account for the full square footage of its area, including multiple Boors or levels,and which are located on all parcels in the County. 0) "Independent special district" means.any of the districts indicated in subdivisions (f) and (o)of this Section. "- (k) "Parcel" means any parcel of real property located in the County, including any possessory interest, which is subject to ad valorem property taxation and is either identified by a parcel number assigned by the County Assessor's Office for purposes of- ad valorem property tax identification,or is identified as State assessed real property. , (1) "San Diego Regional Fire.Protection Agency" (or "Regional Fire Protection Agency" or "Agency"or"JPA"as used in this Chapter)means the joint powers authority described in Section 96.207 of this Chapter. - (m)."Taxable parcel" means land or improvements, or both, which are subject to ad valorem property taxation, and not fully exempt from such property taxation, and which are either: (i) identified by a"parcel number, according to the official property tax records of the County Assessor,or(ii)identified or treated as a parcel by the State of California for State assessed real property. '(n) 'Volunteer fire' department" (or "VFD") means any of the following volunteer fire departments, including any successors-in-interest to these departments,any jurisdictional changes to these VFD's, and'any other volunteer,fire departments not listed here that are subsequently established, which are formed for the purpose of providing fire protection services within their respective jurisdictions in the unincorporated area of the County: (1) De Luz Heights VFD (2) Inter-Mountain Fire Rescue ' (3) Ocotillo Wells VFD (4) Ranchita Fire Rescue (5) Shelter Valley VFD ' (6) Sunshine Summit VFD Contingent upon the approval by the San Diego Local Agency Formation Commission of the fire protection latent powers for the Zone entitled the"San Diego County Regional Fire Authority in CSA 135, the volunteer fire companies listed above will become part of such Zone in CSA 135, and shall thereafter be part of the County CSA's set forth in subdivision (e)of this Section. ' (o) "Water district" (or "municipal water district" or "MWD") means any the following water' districts, including any successors-in-interest to these districts, any jurisdictional changes to these districts, and any other water districts not listed here that are established in accordance with applicable law, which possess official duties and responsibilities to provide fire protection services within'each of their respective jurisdictions in the unincorporated area of the County: (1) Mootamai ,(2) Pauma (3) Ramona ' (4) Rincon Del Diablo ' (5) Yuima - - SECTION 96.203. FIRE PROTECTION PARCEL TAX. (a) Statement of Purpose and Adoption of County Special Tax. In accordance with.the provisions of Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, and Section 23207 of the Government Code, a County special tax shall be imposed,in the County pursuant to.the provisions of this Chapter. This County special tax shall be a tax on all parcels in the County, and is entitled the"fire protection parcel tax." The purposes of the fire protection parcel tax are to raise tax revenues to pay for improved and enhanced regional and local agency firefighting resources and services as described in Section 96.205, and to cover any costs incurred.with respect to administrative responsibilities associated with the tax. The proceeds of the fire protection parcel tax shall be applied only to the purposes specified in this subdivision(a). PR-CW01-7 N SD 202-030 •] PR-CWO1-8 ' N SD 202-031 (b) Establishment of Amount of the Fire Protection Parcel Tax. The following amount of the fire protection parcel tax per year, as adjusted in subsequent years pursuant to subdivision (e) of this Section, shall be levied upon every taxable parcel in the incorporated and unincorporated areas of the County. This fire protection parcel tax shall first be levied during fiscal year 2009-10,beginning July 1, 2009,on all taxable parcels as of the January 1, 2009 lien date, and shall be levied for every subsequent fiscal year thereafter, beginning on July 1 of that fiscal year on all taxable parcels as of the January 1 lien date for that fiscal year. PARCEL AMOUNT OF FIRE PROTECTION CATEGORY PARCEL TAX PER YEAR TAXABLE PARCELS Parcels with Improvements up to 10.000 so ft and up to 50 acres: WITH . $52.00 per parcel ' IMPROVEMENTS ' Parcels with Improveents greater than 10.000 so k and/or m greater than 50 acres: $5.2.00, per parcel +$ .01 per square foot for each square foot of imp_rovements that is greater than 10,000 square feel +$ 1.00 per acre for each acre on a parcel' • that is greater than 50 acres -TAXABLE PARCELS Parcels up to 50 acres: WITH $52.00 per parcel , NO IMPROVEMENTS Parcels nreater than 50 acres: $52.00 per parcel , +$ 1.00 per acre for each acre on a parcel that is greater than 50 acres ALL PARCELS Maximum Annual Fire Protection Parcel Tax for All Parcels $1,000 per parcel . • (c) Time-Share Fractional Ownershio Interests. The category of 'Taxable Parcels with Improvements"includes time-share units assigned parcel numbers by the San Diego County Assessor, which are owned by taxpayers based on a fractional ownership interest. The application of the$52 per parcel per year fire protection parcel tax shall be prorated for the time-share unit because of the fractional ownership interest of the time-share unit. The prorated amount of fire protection parcel tax, using a standard one-week ownership interest, to be levied on a time-share unit, shall be $1.00 per time-share unit per year, The levy of $1.00 per time-share unit per year shall apply to all time-share units assigned,parcel numbers, which are owned by taxpayers based on a fractional ownership interest, regardless of the size of the fractional ownership interest. A building, complex, or structure that includes multiple time-share units,for which there is one owner of record for the multiple time-share units for property tax purposes, shall be subject to the fire protection parcel tax described above for'Taxable Parcels with Improvements." (d) Assessees of Real Property on State Assessed Real Propert y. Any assesses of real property, who is required to pay ad valorem property taxes on real property that is assessed by the State of California (i.e., not assessed by the County Assessor), shall annually certify to the County Assessor the full square footage of any improvement (as defined in Section 96.202(1))on the assesses's real property that is assessed by the State for purposes of ad valorem property taxation. The County Assessor shall notify assessees of the need to file the annual certification,which shall be filed with the County Assessor on a form approved by the Assessor, no later than close of business on August 1 of each calendar year. The certifcalion shall identify each parcel of the assessee that is assessed by the State, and for each parcel the assessee shall indicate whether the particular parcel contains an improvement or improvements. 'If a parcel contains an improvement or improvements, the assesses must indicate the total square footage size of each separate improvement on that parcel. (e) Amount of Fire Protection Parcel Tax Subject to Consumer Price Index Annual Adjustment. The amount of the fire protection parcel tax specified in subdivision (a) of this Section, including the additional amounts for improvements and parcels and the maximum cap, as adjusted pursuant to this subdivision,shall be adjusted each fiscal year commencing 2010-11 by the Consumer Price Index for San Diego County. The annual increase or decrease of the parcel tax amount for each fiscal year shall be based upon the cost of living,as of the January 1st immediately preceding the commencement of the applicable fiscal year, as shown by the then current Bureau of Labor Statistics Consumer - Price Index (CPI) for All Urban Consumers for the San Diego County area. The CPI authorized in this subdivision shall be applied to the amount of the fire protection parcel tax, including the additional amounts for improvements and parcels and the maximum cap,as adjusted,that officially existed as of the June 30 date immediately prior to the July 1 date of the fiscal year in which the CPI adjustment will take effect. Pursuant to this subdivision, the County Auditor& Controller shall apply the annual CPI adjustment, and calculate the amount of the increase or decrease to all elements of the fire protection parcel tax to be levied for each new fiscal year. (0, Duration of Tax: Thirty(30)Years. The fire protection parcel tax shall remain on the tax roll for thirty(30)years, and shall expire as of the end of that thirty(30)year period. The final fiscal year the fire protection parcel tax shall be in effect shall be FY 2038-39, and the parcel tax shall not be applicable during FY 2039-40, commencing July 1, 2039, unless this tax is extended by voter approval. (g)- Administration of Fire Protection Parcel Tax. The County Assessor shall provide to the County Auditor& Controller a list of parcels subject to the fire protection parcel tax. To the extent feasible, the information should be-transmitted electronically no later than August 15 and in the format specified by the Auditor. The fire protection parcel tax shall be collected at the same time and in the same manner,and shall be subject to the same 'rules regarding penalties and interest for late payments, as are ad valorem property taxes. In addition, the times and procedures regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late 'payments, penalties, interest, liens and collections for secured roll ad valorem property taxes shall be applicable to the fire protection parcel tax,as determined by the County Assessor,Auditor & Controller, and .Tax Collector for purposes of administrative efficiency and convenience. The secured roll tax bill shall be the only notice required for any fire protection parcel tax levied. The fire protection parcel tax revenues shall be deposited in a special account, established by the County Auditor and Controller, for subsequent allocation as required by Section 96.204. The timing of the allocations of the fire protection parcel tax revenues shall be similar to the allocations of the ad valorem property tax revenues that the Auditor & Controller makes to other government entities. Any penalties or interest associated with the fire protection parcel taxes shall be retained by the County to be used to pay for the reasonable costs incurred by the County for the administration of the fire protection parcel tax, and to the extent that the penalties and interest exceed such costs on an annual basis,the excess shall be used by the County in support of fire prevention,protection,or suppression efforts and services. SECTION 96.204. ALLOCATION OF FIRE PROTECTION PARCEL TAX REVENUES. (a) Allocation of Fire Protection Parcel Tax Revenues for Regional Purposes. The County Auditor& Controller shall make the following allocation of fire protection tax revenues to the Regional Fire Protection Agency at a similar time and in a similar manner that the Auditor&Controller allocates ad valorem property taxes to other entities: (1) Fifty percent(50%)of the fire protection parcel tax revenues that are collected each fiscal year.shall be allocated to the Regional Fire Protection Agency, except as indicated below in subparagraph(2)in the first fiscal year of the tax. (2) For the first fiscal year of the,tax,2009-10,one hundred percent(100%)of half of the estimated parcel taxes to be collected for the full fiscal year shall first be allocated to the Agency with the initial allocations that are made by the Auditor& Controller. At the end of the fiscal year, the Auditor & Controller shall make any necessary adjustments to the allocations to ensure that the Agency and the group of local agencies each have been allocated 50% of the total fire protection parcel tax revenues collected for that fiscal year: PR-CWOt-9 N SD 202-032 'I PR-CWO1-10 N SD 202-033 (3) If the Regional Fire Protection Agency has not yet been established pursuant to a joint powers agreement by the time that the Auditor & Controller is prepared to allocate the regional share of the parcel tax revenues to the Agency, the portion of the County's parcel taxes that are to be allocated to the Agency shall be held by the County in a special account until such time that the Agency is created. (b) Allocation of Fire Protection Parcel.Tax Revenues for Local Purposes.. The Auditor 8' Controller shall make the following allocations of fire protection tax revenues to the local agencies designated in subdivision (c) of this Section at a similar time and in a similar -mannerthat the Auditor&Controller allocates ad valorem property taxes: (1) Fifty percent(50%)of the fire protection parcel tax revenues that are collected each fiscal year shall be allocated to the local agencies, except as indicated below in subparagraph(2)in the first fiscal year of the tax. (2) For the first fiscal year of the tax,2009-10,one hundred percent(100%)of half of the estimated parcel taxes to be collected for the full fiscal year shall be allocated to the .local agencies after the Auditor & Controller makes the allocations to the Agency required under subdivision (a)(2) of this Section. At the end of the fiscal year, the Auditor & Controller shall make any necessary adjustments to the allocations to ensure that the Agency and the group of local agencies each have been allocated 50%of the total fire protection parcel tax revenues collected for that fiscal year. (3) For a city or independent special district to be eligible to receive its local share of fire protection parcel taxes on the tax roll for a particular fiscal year, the city or an independent special district must join the Regional Fire Protection Agency prior to July 1 of that fiscal year. (c) Designation of Local Agencies to Receive Fire Protection Parcel Tax Revenues for Local Purposes. Except as provided in subdivision (d) of this Section, the Auditor and Controller shall make the local agency allocations specified in subdivision (b) of this .Section to the following local agencies that are responsible for providing and do provide fire protection services, either directly or through a contract with another agency to provide fire protection services: (1) Each city within the County, which elects to become a member agency of the San Diego Regional Fire Protection Agency. (2) Each fire protection district designated in Section 96.202 (0, which elects to become a member agency of the San Diego Regional Fire Protection Agency. (3) County, on behalf of the fire protection county service areas and volunteer fire , departments designated in Section 96.202(e)and(n). ' ' (4) Each,water district designated in Section 96.202 (o), which elects to become a member agency of the San Diego Regional Fire Protection Agency. (d) revenues to local agencies pursuant to subdivision(b)of this Section shall be determined by the type of fire protection jurisdiction in which the parcel is located, in accordance with the following conditions: (1) Parcels Located in a Local Agency Jurisdiction. Fire protection parcel tax revenues, which are collected with respect to a parcel located in one of the local agency jurisdictions specified in subdivision(c)of this Section,rshall be allocated to the local agency in which the parcel is located. (2) Parcels Located in a City or an Independent Special District that is Not a Member of Agency. Fire protection parcel tax revenues, which are collected with respect to a parcel located in a city or an independent special district that is not a member agency of the Regional Fire Protection Agency by the time specified under Section 96.204 (b) (3),shall be allocated to the Regional Fire Protection Agency for regional purposes. (3) Parcels Located in More Than One Local Agency Jurisdiction. Fire protection parcel lax revenues, which are collected with respect to a parcel located within more than one jurisdiction of the local agencies specified in subdivision(c)of this Section, shall be allocated to the local agency that is responsible for providing and does provide fire protection services, either directly or by contracting with another agency to provide fire protection services,for the particular parcel. ' (4)• Parcels_Located in Federal or State Jurisdiction. Fire protection parcel tax revenues, which are collected with respect to a parcel that is not located in any of the jurisdictions-of the local agencies specified in subdivision (c)because it is located in a federal, state, or other jurisdiction, shall be allocated to the Regional Fire Protection Agency for regional purposes,' SECTION 96.205. AUTHORIZED USES OF FIRE PROTECTION PARCEL TAX REVENUES. (a) Authorized Uses of Fire Protection Parcel Tax Revenues for Regional Purposes. The fire protection parcel tax revenues allocated to the Regional Fire Protection Agency for regional purposes shall be used solely for fire protection equipment, firefighting and related services as defined in Section 96.202 (d) for the purposes described in Section 96.207(b)of the Agency. (b). Cap on Regional Fire Protection Agency Administrative Expenses. The*Regional Fire Protection Agency shall be limited to expending no more than ten percent(10%)of its annual allocation of fire protection parcel tax revenues on administrative expenses on an annual basis. The terms"administrative expenses"are defined under Section 96.202(d)(4). - (c) Authorized Uses of Fire Protection Parcel Tax Revenues for Local Agency Purposes. The fire protection parcel tax revenues allocated to a local agency for local purposes pursuant to Section 96.204 shall be used solely to pay for fire prevention, protection, and . suppression purposes, emergency medical services, search & rescue services, and any other fire and emergency related expenses that are part of the responsibilities of the local agency's fire department or district. The fire protection parcel tax revenues allocated 'pursuant to this subdivision shall not be used to replace other private developer funding for fire protection purposes that has been or will be committed for any project. SECTION 96.206. MAINTENANCE OF EFFORT REQUIREMENT (a) .Maintenance of Effort(MOE)Requirement' Non-Supplantation.Rule. It is the intent of the voters that the local agencies designated in subdivision (c) (1), (3) and (4) of Section 96.204, which are allocated fire protection parcel tax revenues for local purposes, must augment, and not supplant, existing local revenues being used by such local agency for the purposes set forth in Section 96.205(c),in accordance with this Section. (b) Establishment of Annual MOE Applicable to Expenditures for Fire_Protection Purposes. Section shall annually make local agency fire protection expenditures (not including the fire protection parcel tax revenues authorized by this Chapter)for the purposes described in Section 96.205 (c), beginning FY2009-10, in an amount that is no less than each annual MOE requirement. The County's annual local agency fire protection expenditures include those expenditures made on a countywide basis, and are not limited to expenditures for the CSA's and VFD's, For purposes of this Section, local agency expenditures for the purposes described in Section 96.205 (c) shall be referred to as "local agency fire protection expenditures."The"local agency-fire protection expenditures" shall not include any payments for capital improvements or assets where the source of such payments is from a bond, debt, or certificate of participation issuance to finance the construction or acquisition of such improvements or assets. The annual debt service required by the bond issuance shall be included as "local agency fire protection expenditures" within the meaning of this Section. In addition, some flexibility in accounting for spikes in expenditures would be consistent with the intent of ensuring that the local agencies do not supplant funds spent on local agency fire protection expenditures with the fire protection parcel tax revenues. Therefore', one-time local agency fire protection expenditures that were the result of"banking"general fund monies and subsequently expending those funds during the fiscal years for computing the average amount of the base year MOE may be isolated and removed so that the MOE is representative of a normal annual spending level, subject to the review by the Independent Taxpayer Oversight Committee and County Auditor&Controller. ' (1) Establishment of Base Year MOE. For cities and water districts,the base year MOE shall be the average amount of local agency fire protection expenditures of that local agency's general tax revenues, which were spent for the purposes described in Section 96.205(c)over the following three fiscal years 2005-06, 2006-07,and 2007- 08. For the County, the base year MOE shall be $15.5 million, which covers all components of the County Fire Enhancement Program. The base year MOE requirement shall be applicable in fiscal year 2009-10. PR-CW01-11 N SD 202.034 I PR-CW01-12' N SD 202.035 (2) Adjustments to the MOE. The base year MOE level as determined in subparagraph (1)above shall be subject to an adjustment each year,commencing fiscal year 2010- 2011. The adjustment shall be based on the rate of increase or decrease in the general tax revenues of,each local agency that is subject to the MOE requirement. The rate of increase or decrease shall be determined by calculating the percentage increase or decrease in that local agency's general tax revenues over the two fiscal years immediately prior to the fiscal year in which parcel tax funds are to be allocated. [For example,for purposes of determining the adjustment to the MOE that will be applicable in fiscal year 2010-11, the percentage increase or decrease in general tax revenues is determined by comparing the general tax revenues received in fiscal year 2008-09 to the general tax revenues received in 2009-10. 'The then. existing maintenance of effort level shall be adjusted by this percentage rate of increase or decrease in order to establish the adjusted minimum MOE requirement applicable in FY 2010-11.] _ (3) Local Aaencv Certification of Compliance with MOE. The County Auditor & Controller shall not allocate, in any fiscal year, tax revenues pursuant to Section 96.204 (b)to a local agency that is subject to the MOE requirement until that local agency has certified to the Auditor & Controller that it has established and will maintain appropriations in its budget for the purposes described in Section 96.205 (c), in an amount of funding at least equal to the minimum MOE required by this Section. The Auditor& Controller'shall establish the time by which the certification must be made bya•local agency, and may develop the form upon which the certification is to be made by a local agency. (4) Annual Independent Audit. An annual independent audit shall be conducted to verity . . that the, MOE requirement for each local agency (subject to the MOE requirement) was met in the fiscal year in which parcel tax funds are to be allocated. The annual independent audit shall be arranged by the County Auditor& Controller. Each local agency will be responsible for payment of the independent audit that is conducted for its agency. - - (5) Reduction of Parcel Tax Revenue Allocation If MOE Not Met. Any local agency that does not meet its MOE requirement in any given fiscal year shall have its local share funding reduced by the County Auditor&Controller in the following fiscal year by the amount by which the local agency did not meet its minimum maintenance of effort level requirement. - (6) Local Agency Request for More Time to Meet MOE. In the event that special circumstances prevent a local agency from meeting its MOE requirement, the local agency may request up to three additional fiscal years to fulfill its requirement. Such •request must be presented to the Agency for consideration,and the Agency, upon •finding of substantial evidence that special circumstances justifiably prevented the local agency from meeting its MOE requirement, shall permit the local agency additional time, not to exceed three fiscal years to meet its minimum MOE requirement. During this period of time,the local agency shall continue to receive its full allocation of fire protection parcel tax revenues pursuant to Section 96.204(b). (7) Consequences for Failing to Satisfy MOE During Extension Period. If a local agency fails to meet its MOE requirement as provided in this Section, or by the end of the period, if any, granted by the Agency, the Auditor & Controller, in the fiscal year immediately following the end of the period required by this Section or by the end of the period granted by the Agency,shall reduce that local agency's parcel tax allocation by the amount by which the local agency did not meet its MOE requirement. (8) Redistribution of Local Share of Fire Protection Parcel lax Revenues to Regional Fire Protection Agency for Regional Purposes. Any fire protection parcel tax revenues not allocated to a local agency due to that local agency's failure to meet the MOE requirement shall be allocated to the Regional Fire Protection Agency for -regional purposes. _ PR-CWO1-13 N s0 202-036 SECTION 96.207. SAN DIEGO REGIONAL FIRE PROTECTION JOINT POWERS AGENCY. (a) Establishment of the San Diego Regional Fire Protection Agency. The San Diego Regional Fire Protection Agency, a joint powers authority,.shall be established by agreement between the County,and each city within the County, electing to bewmer member agencies of the Regional Fire Protection Agency, (b)- Purposes of the Regional Fire Protection Aaencv. The Agency's purposes include,but are not limited to,the determination of the appropriate use of the fire protection parcel tax revenues for regional purposes, the administration of the use'of such parcel tax revenues pursuant to the provisions of this Chapter and the joint powers agreement entered into among the member agencies. The joint powers agreement entered into by the member agencies may specify further purposes of the Agency consistent with the intent of this Chapter. (c) Membership of Regional Fire-Protection Agency. The Regional Fire Protection Agency shall consist off the County and, if they elect to join the Agency, the,cities, and independent special districts designated in subdivision (j)of Section 96.202, as member agencies. The actual number of member agencies of the Agency will be based upon which cities and independent special districts elect to become member agencies of the Regional Fire Protection Agency pursuant to the joint powers agreement that creates the Regional Fire Protection Agency. I , (d) Goveming Body of Regional Fire Protection Agency. The Agency shall be governed by a board of directors consisting of ten (10) voting members, and,up to five (5) non-voting members,who shall be as follows: (1) One member of the County Board of Supervisors,who shall be from one of the two supervisorial districts that encompass most of the unincorporated territory of the supervisorial districts, shall serve on the board of directors. The Board of Supervisors shall select the Supervisor to serve on the board of directors. The Board of Supervisors also shall select one of the Supervisors to serve as an alternate member on the board of directors in the absence or disqualification of the • Supervisor serving on the board of directors. (2) One member from the City of San Diego shall serve on the board of directors. The member on the board of directors from the City shall be the current sitting Mayor. In lieu of the Mayor sitting as a member on the board of directors,the Mayor may name a designee to serve on the board of directors, who shall be one of the City Council members from the City. The City Council may determine,in its own discretion,whether it shall require the Mayors designee,if any,to be approved by the City Council to serve on the board of directors. The San Diego City Council shall select one of its members to serve as an alternate member on the board of directors in the absence or disqualification of the Mayor,or his designee,serving on the board of directors. (3) Four(4)members from four different cities of the remaining seventeen cities shall serve on the board of directors. The four city representatives shall be elected members of their respective city councils, and shall be selected by the City Selection Committee to serve on the board of directors. The City Selection Committee also shall select four(4) city council members to serve as an alternate on the board of directors in the absence or disqualification of the each one of the primary members serving on the board of directors. The City Selection Committee shall select the four city representatives and four alternates from cities in the North Coastal, North Inland, East,and South areas of the County. The alternate members do not need to be from the same city council of the primary member for whom the city council member is as as an alternate. (4) Four (4) members from four of the independent special districts specified in Section 96.202 (j) shall serve on the board of directors. These members shall be elected members from the governing bodies of the independent special districts,and who shall be selected by all the independent special districts in a manner to be determined by the independent special districts. 'The independent special districts also shall select an alternate member for each of the regular members serving on the board of directors, who shall serve in the absence or disqualification of the regular member of the board of directors. The alternate members shall be elected members of the governing bodies of the independent special districts, but need not be from the same independent special districts of the main members on the board of directors. PR-CWO1-14' N SD 202-037 (5) Five(5) non-voting members shall serve on the board of directors. Each non-voting member shall be a representative of one of the following: Cal Fire, the U.S. Forest Service, one of the Indian Reservation Fire Departments, the U.S. Navy, and the . . U.S. Marines, Each representative from Cal Fire and the U.S. Forest Service shall be selected by his/her respective agency. The representative of the Indian Reservation Fire..Departments,shall be selected by the Indian Reservation Fire Departments in a manner to be determined collectively by all the Indian Reservation Fire Departments in the County. Each representative from the Navy and the Marines shall be selected in a manner to be determined by that respective branch of the military stationed in the County. Cal Fire, the U.S. Forest Service, the Indian Reservation Fire Departments, the Navy, and the Marines each shall select one alternate member,who shall serve as a non-voting member on the board of directors in the absence or disqualification of the regular non-voting member selected to serve on the board of directors. The joint powers agreement that establishes the Regional Fire Protection Agency may provide for additional non-voting members. (6). Term as Member of Board of Directors. Each member of the board of directors shall serve an indefinite term. Except with respect to the Mayor of the City of San Diego, members of the board of directors may be removed at the pleasure of the member's appointing body. In addition, if a member on the board of directors ceases to hold the office that qualified the member,to serve on the board of directors,the member's position shall automatically become vacant. The appointing body for that vacancy shall select a member to fill the vacant position. (e) Powers of the Agency. The Agency's powers shall include, but not be limited to, the following: , (1) To expend special tax revenue for regional fire protection purposes specified in this Chapter. I ` (2) To appoint a technical advisory committee consisting of firefighting professionals to monitor and make recommendations to the board of directors and Agency staff as to the purchase, lease, maintenance and operation,of firefighting aircraft and other equipment. (3) To issue bonds, notes or other evidences of indebtedness to finance the-(i) acquisition of firefighting equipment, including,-but not limited to, aircraft, including helicopters and airplanes, specially equipped to fight fires and provide emergency services, (ii) trucks, (iii) communications equipment for public safety purposes, (iv) purchase of real property, (v) construction of facilities and (vi) and other related firefighting equipment, or to engage in temporary borrowing to pay for the operation of the Agency until sufficient special tax money has been received. The Agency may pledge special tax revenue in order to secure any financing. (4) To acquire by purchase, lease or otherwise, one or more firefighting aircraft, including helicopters and airplanes, specially'equipped to fight fires and provide emergency services,trucks,communications and related firefighting equipment. (5) To maintain and operate, or to contract for the maintenance and operation of such firefighting aircraft,trucks,communications,and related equipment, (6) To adopt a budget. (7) To employ personnel, or enter into contracts with independent contractors, as needed to carry out the purposes and powers of the Agency. The board of directors may delegate to its staff, subject to board adopted rules and regulations, the authority to manage the day-to-day operations of tlie authority including purchases of equipment and execution of contracts. , (8) To contract with other cities, independent special districts, tribal reservations and other entities for the purpose of the Agency performing all or a portion of the firefighting duties and responsibilities for such entities. (9) To engage in regional firefighting training programs, and to provide firefighting training to its personnel or to others in order to enhance the overall firefighting effectiveness in the County of San Diego. ' (10) To sue and be sued. PR-CWO1-15 - N SD 202.038 (11) The Agency shall provide its services within the entire territory of the County, incorporated and unincorporated. . (12) Such other powers, which are consistent with the intent of this Chapter, as may be specified in the Joint Powers Agreement establishing the Agency, including, but not limited to, the power to accept grants, appoint or employ staff, acquire by purchase or lease fire protection equipment,and contract for services, (13) To exercise any power necessary and convenient to carrying out the powers specified in this part. . (14) No member on the board of directors of the Regional Fire Protection District Agency shall receive any per-diem payments or mileage reimbursements for serving on the board of directors. ` (f) Treasurer and Auditor of the Agency. The treasurer of the Agency shall be the County Treasurer-Tax Collector and the auditor of the Agency shall be the County Auditor & Controller. The Agency shall pay the Treasurer-Tax Collector and the Auditor & Controller for their services at their respective full cost recovery rates. The joint powers agreement establishing the Agency shall provide that legal services may be provided by County Counsel, or by private counsel retained by the Agency. The retention of legal counsel shall be pursuant to a legal services agreement approved by the Agency's board of directors. The Agency shall pay the County Counsel and the private counsel for legal services based upon their respective hourly billable rates. SECTION 96.208. INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE (a) Establishment of the Independent Taxpayer Oversight Committee. An Independent Taxpayer Oversight Committee (ITOC) shall be established by the Board of Supervisors as an advisory body for the purpose of providing appropriate oversight and accountability over the allocation and use of the fire protection parcel taxes for regional and local purposes. At the time the Board of Supervisors establishes the ITOC, the Board of, Supervisors, pursuant to the provisions in this Section; shall provide for the ITOC's membership, selection of the ITOC members, and duties and responsibilities, and in addition, may provide for any other provisions that are reasonable or necessary to the establishment of the ITOC. (b) Membership and Selection of ITOC. The ITOC shall consist of five (5) members of the public. The five members shall be appointed by the Board of Supervisors based upon a nomination from each member of the Board of Supervisors of a member of the public who resides within the Supervisorial.District of that Board member, The Board of Supervisors may establish criteria for members to be qualified to serve on the ITOC, and such criteria may include,but not be limited to,experience and/or expertise in fiscal,accounting,auditing, executive,management,public accountability,or community leadership positions.. (c) Duties and Responsibilities of ITOC. The Board of Supervisors also shall establish the number of times the ITOC shall meet during a year, the timing of reports that are to be provided to the Board of Supervisors per year, and the duties and responsibilities of the ITOC,which may include,but not be limited to: (1) the review of each agency's compliance with the maintenance of effort requirement; (2) the review of the expenditure and use of-the fire protection parcel taxes by the Regional Fire Protection Agency for regional purposes and the local agencies for local purposes; - (3) the development of recommendations to improve the financial integrity on the use of the parcel taxes, which recommendations shall be reported to the Board of Supervisors in a notice public meeting;and (4) any other duties and responsibilities that will enhance the level of accountability and fiscal integrity with respect to the expenditure and use of the fire protection parcel tax revenues. PR-CWO1-16 - N SD 202-039 SECTION 98.209. PARCEL TAX APPEAL PROCESS A property owner,who has paid a fire protection parcel tax levied upon a parcel,may file a parcel appeal challenging the accuracy of the tax with the County Assessor. Property owners who file parcel tax appeals may provide any evidence or information in support of their parcel tax appeals. The Assessor's Office shall review the parcel tax appeal, including the factors upon which the fire protection parcel tax was applied to the parcel, The purpose and function of the parcel tax appeal process will be to correct or adjust any application of the parcel tax so that such application of the parcel tax is consistent with the principles,intent,and.parameters of the provisions-set forth in this Chapter. The Assessor's Office may receive evidence,information and explanation,if necessary, from the offices of the County Auditor&Controller and Treasurer-Tax Collector with respect to the application of the parcel tax to a parcel. If after proof has been supplied by the property owner and after a full review by the Assessor's Office,the Assessor's Office finds that the fire'protection- parcel tax for the parcel was applied in error, and requires an adjustment, the Assessor shall inform the Auditor& Controller to make the necessary adjustments to correct the tax roll,and the Auditor & Controller shall correct the tax roll, for the parcel for the fiscal year(s)which requires adjustment. The determination by the County Assessor on all parcel tax appeals pursuant to this Section shall be final. - - SECTION 96.210. AMENDMENTS. (a) Board of Supervisors Authorized to Make Designated Amendments. Except as provided in subdivision (b) of this section that reserves,to the voters the right to amend this Chapter, the Board of Supervisors, with the concurrence of the San Diego Regional Fire Protection Agency,may amend this Chapter in a manner that is consistent with and in furtherance of the purpose and intent of this Chapter. (b) Voter Approval Required to Make Designated Amendments. Voter approval is required to make any amendments to this Chapter with respect to any of the following: (1) Increase the amount of the fire protection parcel tax, as adjusted by the annual adjustment, established and authorized pursuant to subdivisions (a) and (b) of Section 96.203. (2) Increase the amount of the annual adjustment established under subdivision (e) of Section 96.203. •(3) Increase the duration of the parcel tax required under subdivision (f) of Section 96.203. (4) Expand the purposes for which the revenues from the special tax may be expended beyond the description set forth in subdivision(a)of Section 96.203. (5) Change the fire protection parcel tax allocation provisions set forth in subdivisions (a),(b),and(c)of Section 96.204. (6) Change the provisions set forth in this subdivision(b)concerning what amendments are reserved to the voters to approve. Section 3. Severability. If any portion of this Ordinance shall be declared unconstitutional, invalid or otherwise unenforceable,the other provisions of this Ordinance shall remain in full force and effect to the extent the purposes of this Ordinance as set forth in Section 1 can still be carried out. Section 4. Effective Date. Pursuant to Government Code Section 25123, this Ordinance involves a rate of taxes to be levied, and if approved by the voters on Tuesday, November 4, 2008,shall take effect on Wednesday, November 5,2008. Section 5. Operative Date. This Ordinance shall become operative on January 1,2009. PR-CWOI-17 N SD 202.040 CITY OF ENCINITAS Proposition K (This proposition will appear on the ballot in the following form.) PROP K Shall an ordinance be approved to emend Section 3.12.030 of the Encinitas Municipal Code to require guests of short-term vacation rental units(less than 30 days)to pay 2% as a special transient occupancy tax to be used only for beach sand replenishment and stabilization projects (the same as the guests staying at Encinitas hotels and motels currently do)effective January 1,20099. This proposition requires approval by two-thirds of the voters voting on the proposition. CITY ATTORNEY IMPARTIAL ANALYSIS EXISTING LAW;-The City of Encinitas currently imposes a special transient occupancy tax on any hotel guest who rents a unit in a hotel for 30 days or less at a rate of 2%of the rent charged by the hotel operator. Under existing law, any such rental in any structure or portion of any structure which has three or more units is subject to this tax.- The term "hotel" is defined to include hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or other. The tax revenues derived may only be used by the City for beach sand replenishment and stabilization projects. , EFFECT OF MEASURE ON EXISTING LAW: If two-thirds of the votes casts on this measure are "yes," then commencing on January 1, 2009, existing law would be amended to apply the application of a special transient occupancy tax regardless of the number of units in a structure and to expressly include short term rental units (for 30 days or less) in the definition of the term "hotel." Consequently, any guest of a hotel (as defined), regardless of the number of units contained in the structure, along with short term rentals, would be required to pay a special transient occupancy tax at a rate of 2% of the rent charged for use by the City for beach sand replenishment and stabilization projects. FISCAL IMPACT: Undetermined. The amount of tax revenue that will result from the proposed- tax cannot be determined in advance of knowing the amount of rents received by operators of short term rentals. PR-09VO.1 N SD 202-041 ARGUMENT IN FAVOR OF PROPOSITION K Currently all tourists staying in traditional lodging such as hotels, motels, and bed and breakfast establishments in Encinitas contribute r funds for beach sand replenishment and shoreline stabilization projects by paying a 20k Transient Occupancy Tax (TOT). This measure, Proposition K,will require tourists slaying in short-term vacation rentals to pay the some TOT as tourists staying in Encinitas hotels,motels and bed and breakfast establishments. IMPORTANTLY,THIS TOT IS PAID BY TOURISTS ONLY,NOT BY PROPERTY OWNERS OR CITY RESIDENTS. - In 1998,the citizens of Encinitas approved,by more than the required 2/3 vote,a 2%special TOT for all guests staying in hotels, motels and bed and breakfast establishments in the City. The 1998 measure did not include short-term vacation units. This measure will include them in the City's beach restoration funding efforts. With the adoption of the 1998 TOT sand measure, the City of Encinitas was able to afford the highly successful 2001 sand replenishment project as well as ongoing shoreline monitoring and sand projects. By requiring all tourists staying in vacation rentals to pay this special 2%Transient Occupancy Tax, the city will have greater resources to plan and implement future beach sand projects. _ Proposition K has been endorsed by a number of businesses, environmental and community groups, including: - Downtown Encinitas MainStreet Association(DEMA) Seacoast Preservation Association California Coastal Coalition JEROME STOCKS - DAN DALAGER Mayor - Council Member STEVE ACETI ANN P. DUNHAM Executive Director Seacoast Preservation Association California Coastal Coalition Secretary DON HANSEN • Owner Hansen's ' REBUTTAL TO THE ARGUMENT IN FAVOR OF PROPOSITION K No rebuttal to the argument in favor of the proposition was(led in the office of the City Clerk. ARGUMENT AGAINST PROPOSITION K Although Encinitas VOTERS ALREADY REJECTED THIS TAX IN JUNE, the council majority is once again asking residents to approve a sand replenishment tax. , So much for the will of The Peoplel To add insult to injury,the combined cost to taxpayers of adding these measures to the ballot is at least$45,000 no small amount at'a time when tax revenues are.ffat or declining. Regardless of the merits of sand In fact, THIS IS THE FIFTH SAND REPLENISHMENT TAX PROPOSED IN THE PAST 10 YEARS. The others were: ' 1) Proposition R in 1998; 2) A property tax assessment pushed,by the San Diego Association of Governments (SANDAG)and supported by the council in 2002; 3) Prop G(the first version of this tax defeated in June);and, 4) A multi-billion dollar sales tax increase being proposed by SANDAG for a vote in 2010. It's time to send the city council a message: Residents, businesses, and consumers in Encinitas are tired of being nickel-and-dimed by local taxes. VOTE NO ON PROP KI JOE SHEFFO Encinitas Resident BOB NANNINGA Encinitas Businessowner Environmental Activist LANI LUTAR RICHARD RIDER President/CEO Chairman,San Diego Tax Fighters San Diego County Taxpayers Association CHRISTINE CARRICO Encinitas Realtor PR-09VO-2 - N SD 202-042 ;1 PR-09VO-3 N SD 202-043 REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION K Don't be fooled by false and misleadingeccusations made by out-of-town activist groups and others who oppose proposition K. Consider the following: - 1. Last June, 65% of the ballots cast voted in support of Proposition G; the sand tax proposition. " 2. This measure closes a loophole in the current hotel sand lax by applying it to tourists staying in short-term vacation rentals. 3. ,This fee will NOT be paid by residents,businesses or property owners In Encinitas. 4. The opponents,who have had no involvement in beach erosion issues until now, argue that visitors staying in Encinitas' short-term vacation rentals should continue to pay no sand tax while those who stay in hotels do. This is unfair and makes no sense. Don't let the entiie burden of replenishing sand on local beaches fall solely on the citizens of Encinitas: Let tourists contribute,too. PRESERVE AND PROTECT OUR BEACHES FOR THE ENJOYMENT OF ENCINITAS CITIZENS,VISITORS AND FUTURE GENERATIONS: VOTE YES ON PROPOSITION K. JEROME STOCKS Mayor DAN DALAGER City Council Member STEVE ACETI Executive Director California Coastal Coalition DOUG LONG ' - President, Downtown Encinitas MainStreel Association SUE STEELE Vice President,San Dieguito Heritage Museum COUNTY OF SAN DIEGO REGISTRAR OF VOTERS VOTER INFORMATION! Procedure to "Clean Up" The Voter Rolls To keep the roster of registered voters as accurate as possible and reduce election costs, the,San Diego County Registrar of Voters will be using a procedure - known as "Alternate Residency Contrtr ion"-.that permits removal from the active voter roll the names of those registered voters who have NOT voted in any election nor had their registration updated in the.preceding four (4) years. Following the November 4, 2008 General Election, registered voters who have not voted nor had their registrations updated during the last four (4) years will be mailed a postcard notice to confirm their residency. The pre-addressed return postage-paid card MUST BE RETURNED to the Registrar of Voters by the registered voter should he or she wish to remain on the active voter roll. If the card is not returned in 15 days, or is returned by the postal service as undeliverable, the voter's registration will be moved to the inactive voter roll. Registrants on the inactive voter roll are not sent election materials- saving taxpayer dollars-and may be required to show proof' of current residency in order to vote in future elections. This notice is a legal prerequisite to using the "Alternate Residency Confirmation" procedure (California Elections Code Section 2224c). PR-09VO-4 N SD 202-044 jl FP-02-13 N SD 202-045 Is there -room in Your heart, for a Child. r ; � . d — 1 � rnnv) San Diego County Foster Home Licensing 877=792=KIDS- OPEN YOUR OPEN YOUR HOME. BECOME • County of San Diego, Health and Human Sery ices Agency i i i 0 1 lH I In 11 1 i .. APNO &M NOW! Call(858)565.5800 or visit SDVOTE.com Mali Application to: . Registrar of Voters Election Services Division 5201 Ruffin Rd.Suite I San Diego,CA 91123 I POLL WORKER AND/OR POLLING PLACE APPLICATION I Name . I Address I . City ZIP I Telephone Home: Work: I Email Address: Cell: I want to work the oils 0-Yess-0 No I would be willing to travel to another precinct ❑Yes ❑No i-have transportation ❑Yes UNo -1 would like to volunteer my home,business or I - I This page would have been blank due to printing layouts. The Registrar of Voters has used this space to provide additional Information. FP-05.05 - - N SD 202-046 FP-02-05 therfacilityasapolling place($50-$70) ❑Yes '❑No addition to English; ' reads eakandwnte [),Spanish . ' ❑ Filipino REG� ISiF�ROf VOTERS 1,a ❑ Vietnamese.,: N SD 202-007 For questions or additional information, call 858-565-5800 or 1-800-696-0136. Para solicitar informacion sobre los servicios de votacion disponibles en Espanol, llame al 858-565-5800 o gratis al 1-800-696-0136. Tumawag sa 858-565-5800 o 1-800-696-0136 upang magtanong tungkol sa mga serbisyo sa pagboto na makukuha sa wikang Filipino. "Xin goi so 858-565-5800 hoac 1-800-696-0136 de hoi ve cac dich vu bau cir bang tieng Viet". FP-02-11 N SD 202-048 M M c z z D v v m N T 3 o m M N S N N N N N O z c ai x M m o En ° M ° a n N Z < f Q O OD M m O Io CA O N N 0 M M c z z D v v m N T 3 o m M N S N N N N N