Pass: 3,445 / 53.06% Yes votes ...... 3,048 / 46.94% No votes

See Also: Index of all Measures

Impartial Analysis from City Attorney

This Measure was placed on the ballot by the Banning City Council and asks whether the voters of the City of Banning desire to approve an ordinance establishing a general tax upon rock, sand and gravel mining operations in the City. The proposed tax would apply to the excavation and processing of rock, sand and gravel materials at a rate not-to-exceed eighty cents per ton. The Banning City Council could, in its discretion, set the tax at a lower per-ton rate. The proposed mining tax includes a provision for annual automatic cost of living changes.

As a general tax, proceeds from the proposed tax would be deposited into the City's general fund to be spent for general governmental purposes, such as police, fire, and maintaining streets and public areas. However, the Measure also gives the Banning City Council the option, without any obligation, of creating a "Mining Impact Fund". This fund, if established, would be a separate account into which General Fund proceeds may be deposited to pay for the monitoring, mitigation and remediation of mining impacts upon the environment. Under the ordinance, the following are examples of proper expenditures for remediating mining impacts:

• Remediation of deteriorated streets and other public infrastructure facilities;
• Remediation of toxic or contaminated property resulting from mining and processing activities;
• Abatement of public health and safety hazards, including health and safety hazards caused by access routes, traffic volumes, and usage conflicts;
• Remediation of slope instability and slope erosion problems, including potentially unsafe damage to levees, flood infrastructure and protective berms along the San Gorgonio River;
• Remediation of problems with sand and particulate matter and sand, gravel and particulate matter on public rights-of- way and properties;
• Providing loans or grants to owners of property impacted by mining operations for purposes of constructing improvements to alleviate mining impacts; and
• Abatement of air quality, noise, water quality and other health and safety impacts;

Under Proposition 218, a statewide initiative adopted in November of 1996, the mining tax could only be increased beyond the 80 cents per ton by a vote of the people, but the ordinance gives the Council the ability to make changes to the ordinance other than increasing the rate.

Under Proposition 218, any general tax must be approved by a majority of the voters. Your "Yes" vote means that you want the City to enact the proposed mining tax. Your "No" vote means that you do not want the City to enact the proposed mining tax.

By: City Attorney