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Full text of Measure P

RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF LA SELVA BEACH RECREATION DISTRICT A MEASURE PROPOSING THE LEVY OF A SPECIAL TAX FOR RECREATION DISTRICT FACILITIES PURPOSES AND CONSOLIDATING SAID SPECIAL ELECTION WITH THE GUBERNATORIAL GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2018

Whereas, La Selva Beach Recreation District is an independent recreation and park district in Santa Cruz County that depends for its revenue on local parcel taxes, rental income, and occasional government grants, and has not received any monies from a parks and recreation service charge levied since 1971 on unincorporated areas of the County; and

Whereas, the La Selva Beach Clubhouse, since its construction in the 1930s, has stood as the centerpiece of the community and, together with District facilities such as the Library building and Triangle Park, remains vibrant with community meetings, events, after-school and summer children’s programs, craft fairs, wedding receptions, and diverse educational opportunities; and

Whereas, recent evaluations by contractors and structural engineers have revealed structural flaws stemming from 1930s construction and subsequent aging of the building, most significantly a deflection in the ridge of the main hall roof of two and one half inches and one wall of the kitchen leaning toward the exterior and out of plumb by two degrees; and

Whereas, La Selva Beach Recreation District was founded in 1953 by local residents primarily for the purchase, maintenance, and operation of the Clubhouse; and

Whereas, while the La Selva Beach Recreation District budget is sufficient for routine maintenance, the cost of the structural engineer's suggested repairs will exceed what is currently in, or projected after several years to be in, District reserves; and

Whereas, a new tax measure would ensure the ability by La Selva Beach Recreation District to provide adequate preservation of the facility; and

Whereas, the creation of a new revenue source to be used for improvements to District infrastructure, by a vote before the end of 2018 approved by two-thirds of District residents, can qualify the District for potential matching grants available from the passage in June 2018 of California's Proposition 68;

Now, therefore, be it resolved and ordered by La Selva Beach Recreation District, as the governing body entrusted to care for the community Clubhouse and District facilities, that, subject to the approval of the special tax measure set forth in this Resolution by two-thirds of the qualified voters in a special election, a special tax be levied on all residential properties within La Selva Beach Recreation District:

1. Commencing with the 2019-20 fiscal year on July 1, 2019 a special tax is to be levied against all residential parcels within La Selva Beach Recreation District in the annual amount of $50 per parcel, for 7 years, terminating in June 2026; and

2. The District shall maintain a separate, audited account into which the proceeds of this tax shall be deposited and such funds used solely for the purpose of preserving, maintaining, and upgrading La Selva Beach Recreation District facilities;

3.  The District shall provide an annual written report showing the amount of funds collected from this tax and detailing the expenditures of said funds, with the annual report and all updates posted on its website, www.laselvabeachrecreationdistrict.com;

4. The special tax shall be collected on the property tax roll in the same manner and at the same time as County property taxes, and shall be subject to all the laws pertaining to the levy, collection, and enforcement of County property taxes;

5. If any provision of this Resolution or of the special tax measure contained herein or the application of any such provisions to any persons or circumstances is held invalid, such invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application, and to this extent the provision therefore shall be severable.

Be it further resolved and ordered by the Board of Directors of La Selva Beach Recreation District, that a special election shall be and the same is hereby called and ordered to be held within La Selva Beach Recreation District on Tuesday, November 6, 2018 for the purpose of submitting to the qualified voters of the LSBRD the following special tax measure substantially similar to the following:

1. La Selva Beach Recreation District – Special Tax Ballot Measure Question

To correct structural flaws in the La Selva Beach Clubhouse that, 80 years after construction, are causing deflection in the roof and a wall to bow; to upgrade and maintain District facilities; secure ADA compliance; and to qualify for potential state grants: shall La Selva Beach Recreation District levy a temporary parcel tax on properties in the District, $50 yearly for a period of 7 years, raising approximately $40,000 annually, with no funds used for administrative salaries or benefits?

2.  La Selva Beach Recreation District Board of Directors submits to the qualified voters of La Selva Beach Recreation District at said special election, said Ballot Measure Question as set forth herein and designates and refers to said measure as the measure to be set forth on the ballots for use in said election.

3. Said special election shall be held and conducted, the votes received and canvassed, and the returns thereof made and the results thereof ascertained and determined in accordance with law.

4. Said special election hereby called shall be and is hereby consolidated with the Gubernatorial General Election to be held on Tuesday November 6, 2018, in all respects and all as required by and pursuant to law.

5. If enacted, the District shall prepare the annual report required by subdivision (d) of Government Code section 50075.1.

6. Any legal challenge to this resolution or to the special tax adopted by this resolution shall be brought as provided in Government Code Section 50077.5.