LAKEPORT – On Nov. 2, 2004, Lakeport voters approved Measure I, a half-cent sales tax, and Measure J, a nonbinding advisory measure that suggested uses for the money, including roads, parks and other city projects.
When Measure I passed, it was the third time such a sales tax measure for city projects had been attempted in the city. Another measure for county roads had failed in 2003.
As time has passed, Measure I revenues have continued to build, as have the many needs the city has. The latest challenge for Lakeport is the economic downturn, with sales tax as a whole expected to be down by 12 percent this year, according to city Finance Director Janet Tavernier.
Using Measure I funds – which currently make up the bulk of the city's general fund – for keeping the city afloat isn't supported by some Lakeport City Council members, such as Jim Irwin.
Irwin wants to see the funds used principally for roads.
While he and other council members want very specific uses for Measure I, the question is, can they delineate a different vision than was outlined in the measure itself?
When it was placed on the ballot, Measure I was a general ballot measure that required a simple 50-percent-plus-one approval vote, not the 66 percent super majority that earlier sales tax measures targeted specifically for roads had required but had failed to get.
Measure I received 59 percent of the vote, and Measure J received 81 percent, according to election records.
Measure I's language on the ballot read: “Shall the City of Lakeport enact a one-half cent sales tax for City facilities, services and programs?”
Advisory Measure J's language read: “If Measure 'I' is approved, should the proceeds fund repair and maintenance of City streets, park and community service facilities, and expand public services and programs?”
The language of both measures appears to be general rather than specific.
Trying to make the funds go to one and one use only could cause problems for the city, said City Attorney Steve Brookes.
The danger of applying a general tax to a special use use only is that it can then become the focus of a taxpayer lawsuit, he said. Special taxes require the two-thirds majority.
If it's not spent the way the community expects, a taxpayer could bring an action seeking a refund and the abolishment of the measure, citing improper use, Brookes said.
Measure R, which had failed to get the 66 percent approval vote it needed in September of 1995, had been specific that it was only to be used for roads, and it had a sunset clause, said Brookes.
Measure J, said Brookes, included more possible spending items than simply roads. A proposed Measure J Committee is meant to help give the city some direction from citizens' point of view.
California's infrastructure – and Lakeport's as well – is crumbling and needs more resources, said Brookes.
Retired City Engineer Mike Stevenson once tried to calculate the money needed for the city to deal with a 100-year storm event. The costs were “astronomical,” said Brookes, and far larger than even Measure I can handle.
At the council's special Tuesday budget meeting, Irwin asked how much it would cost to maintain the city's streets in their current condition. City Engineer Scott Harter estimated about $1.2 million annually, about twice the amount Measure I brings in each year.
Council forms committee to monitor sales tax spending
For the council's Feb. 3 meeting, Mayor Ron Bertsch placed on the agenda an item on the formation of a citizens committee for Measures I and J.
Bertsch asked Council member Suzanne Lyons to work on forming the committee.
The council at that time discussed ways of getting people involved. Councilman Bob Rumfelt suggested having each council member recommend a person and set up a specific number of committee members.
Brookes said a similar committee has been previously attempted three times, and there might be some people who were previously interested who might want to apply.
Councilman Roy Parmentier said he had potential committee members already, and Councilman Bob Rumfelt added it wouldn't be hard for him to find someone interested in serving.
Interim City Manager Kevin Burke suggested the only requirements for membership should be that applicants be adults who live in the city.
Bertsch and Lyons met earlier this month to discuss the committee's formation.
The mayor said the city will take applications for the committee, and each council member will choose a representative. If they have a large pool of applicants, they'll consider having more than five members.
Rumfelt told Lake County News that he thinks the Measure J Committee is a good idea. He added that he hopes for at least seven members on the committee. He already has someone he's encouraging to apply.
Any city resident interested in applying to sit on the committee can pick up an application at Lakeport City Hall, 225 Park St., said Bertsch.
Rumfelt said he hopes the committee is formed and ready to offer input to the council for the coming budget year.
During the council's Feb. 17 meeting, Irwin asked Bertsch about what the Measure J Committee is supposed to do. Bertsch replied that the committee will look at the measure and at its budget, review what has been spent in the past and for what projects, and generally oversee it.
Burke said the committee should be assured that their suggestions and findings will have a significant impact on the upcoming budget.
“Particularly during a crisis budget year, it's not just window dressing,” said Burke.
Bertsch replied, “We don't have to take their recommendations.”
He added that he doesn't want to see the committee stacked with people of a certain viewpoint, such as those who are supporters of the Westshore Pool. Bertsch said he expects to receive about 20 applications for the committee.
“I've got three guys that want to be on it real bad,” said Parmentier. “They don't like pools.”
Even if the council put all Measure I monies for the next 10 years into local roads, it wouldn't make a dent, said Rumfelt. “That's the sad part.”
But he added that the entire state finds itself in that position, because there's been no serious effort to finance infrastructure in decades.
“There's always something that trumps the roads,” he said.
Funds raised and expenditures
The following is a Measure I revenue and expenditure breakdown provided by the city of Lakeport.
Fiscal year 2004-05
Revenue: $73,204
Expenses: $50,000
Public Works Department supplies and materials
Balance: $23,204
Fiscal year 2005-06
Revenue: $531,089.94
Expenses: $157,044.02
Professional services: $950
Road projects – “dig outs”: $13,965.30
Public Works Department supplies and materials: $50,000
Grinder: $43,128.72
Paver: $49,000
Year-end balance: $397,249.91
Fiscal year 2006-07
Revenue: $614,174.97
Expenses: $332,850.96
Road projects – Lakeport Boulevard: $36,619.02
Public Works Department supplies and materials: $50,000
Grinder: $43,128.72
Westshore Pool restoration: $203,103.22
Year-end balance: $678,573.92
Fiscal year 2007-08
Revenue: $742,748.07
Expenses: $735,233.21
Road projects – chip seal preparation: $51,507.94
Public Works Department supplies and materials: $75,002
Grinder: $43,128.72
Westshore Pool restoration: $46,724.15
S. Main Street repaving: $517,400.40
Americans with Disabilities Act: $1,470
Year-end balance: $686,089
Fiscal year 2008-09
Revenue: $675,000
Anticipated expenses: $2,293,875
All following projects are currently in various stages
Road projects – chip seal: $330,000
Public Works Department supplies and materials: $69,100
Grinder: $43,129
S. Main Street drainage: $320,142
Americans with Disabilities Act: $38,000
2006 storm drainage: $82,144
Safe Routes to School: $549,860
Martin Street: $89,000
Lakeshore storm drainage: $674,500
Forbes Creek Trail Grant: $98,000
Anticipated outside reimbursement for projects: $1,356,703
Westshore Pool restoration: $33,600
2006 storm drainage: $48,108
Safe Routes to School: $499,860
Martin Street: $80,000
Lakeshore storm drainage: $597,135
Forbes Creek Trail Grant: $98,000
Anticipated year-end balance as of June 30, 3009: -$932,786
If all reimbursements are made, the fund would come up to $423,917
E-mail Elizabeth Larson at
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