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Santa Barbara County, CA June 3, 2014 Election
Measure M2014
County Facilities Maintenance Ordinance
Santa Barbara County

initiative - Majority Approval Required

Fail: 33899 / 48.09% Yes votes ...... 36589 / 51.91% No votes

See Also: Index of all Measures

Results as of Jun 17 12:48pm, 100.0% of Precincts Reporting (200/200)
Information shown below: Fiscal Impact | Impartial Analysis | Arguments | Full Text

Shall the County Facilities Maintenance Ordinance requiring the County to keep County owned roads, parks and buildings in their current condition or better be adopted?

Fiscal Impact from County Auditor-Controller:
The implementation of this proposed County Facilities Maintenance Ordinance could have significant fiscal impacts on County government revenues and expenditures since it would require actions to keep all County roads, parks and buildings "used by the public" in the condition that existed at the time of passage of the Ordinance without identifying a funding mechanism. The fiscal impact on County revenues and expenditures would be dependent on: 1) the standards adopted by the Board of Supervisors to measure the condition of the infrastructure, 2) the Board of Supervisors' ability to provide the annual appropriations for facilities and infrastructure maintenance as balanced against all other County service programs, and 3) the extent to which the Ordinance is valid under California law.

Absent new revenue sources, funding the costs related to maintaining County roads, parks and buildings "in the same or better condition" would result in a major reallocation of County resources away from the services they currently support. Program services that could be decreased include Public Safety Services, Health and Human Services, Community Resources, Policy and Executive Services, and General Government and Support Services. Since many of these program services are mandated by statute, it may not be possible for the Board of Supervisors to fund the requirements of the Ordinance.

Potential funding alternatives could include: 1) pursuing new sources of revenue to specifically fund infrastructure maintenance, 2) issuing voter approved debt per the Ordinance, or 3) a combination of new revenue and voter approved debt. New tax measures such as parcel taxes or debt instruments such as general obligation bonds or infrastructure improvement bonds could be brought to the voters separately to fund this Ordinance. These funding alternatives would increase the County's revenues or other financing sources.

Since the Ordinance does not identify a specific standard to measure the condition of infrastructure, the County used two indices for the analysis of the Ordinance and to estimate its effect on County revenues and expenditures. The County used a new Facility Condition Index (FCI) for parks and buildings and an existing Pavement Condition Index (PCI) for County roads. The County currently estimates an additional $9 to $12 million annual investment to keep its parks and buildings at the calculated FCI, and an additional $9 million annual investment to keep its roads at the calculated PCI. Therefore, an additional estimated $18 to $21 million in annual expenditures will be required to keep existing infrastructure in the "same or better condition". The annual cost of the infrastructure condition assessments is estimated to be approximately an additional $400 thousand. It should be noted the County is more established in the measurement of pavement conditions and has been using a PCI since the early 1980s. The FCI for parks and buildings is only being studied and proposed for use within the County for the first time this year. This estimate could change after completion of the current study.

s/ Robert W. Geis
County Auditor-Controller

Impartial Analysis from County Counsel
Measure M was placed on the ballot following a petition signed by the requisite number of voters.

If approved by a majority of the voters voting thereon, Measure M would require:

  • The Board of Supervisors of the County of Santa Barbara (hereafter "Board") to maintain all County-owned roads, parks and buildings used by the public (hereafter "County facilities") in the same or better condition than existed at the time of Measure M's passage;
  • If the condition of County facilities improves above the level that existed at the time of Measure M's passage, that the Board maintain or further improve that higher level of maintenance;
  • The County Executive Officer to present an annual report to the Board about the condition of County facilities, and recommendations about keeping County facilities in the condition that existed at the time of Measure M's passage;
  • The Board to document its compliance with Measure M by adopting a resolution stating the actions taken and the statistical measurements used; and
  • The Board to implement Measure M using whatever powers the Board chooses, except that the Board could not implement Measure M by issuing debt unless that debt is separately approved by the voters.

California's "County Budget Act" expressly delegates to the Board of Supervisors what the Court of Appeal has termed the "exclusive statutory power" to adopt the County's annual budget. (Totten v. Board of Supervisors (2006) 139 Cal.App.4th 826, 830.) In the 2006 Totten case, the Court of Appeal reviewed an initiative ordinance that established a minimum annual budget for public safety agencies and found those provisions to be invalid, in part because those provisions deprived the Board of discretion to provide a lower level of funding. The Court of Appeal stated that requiring a minimum annual budget for public safety agencies would seriously impair the Board's essential government function of managing the county's financial affairs.

Article XIII B, section 6 of the California Constitution, generally requires the County to fund local programs mandated by state legislation enacted before 1/1/75. Measure M does not address how to prioritize or adjust funding if, in any year, there are not enough County revenues to adequately fund both:

  • State-mandated programs enacted before 1/1/75; and
  • Measure M's requirement to maintain County facilities in the same or better condition than existed at the time of Measure M's passage.

The Totten case involved public safety agencies, while Measure M involves County facility maintenance. However, to the extent that Measure M requires the Board of Supervisors to provide a minimum level of funding to maintain County facilities, Measure M may not be enforceable if it seriously impairs the Board's essential governmental function of managing the County's financial affairs, or the Board's ability to fund state-mandated programs. If a court holds that any part of Measure M is legally invalid, Measure M provides that the rest shall remain in force.

s/ Michael C. Ghizzoni
County Counsel

  Official Information

County of Santa Barbara Registrar of Voters

News and Analysis

Noozhawk

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Arguments For Measure M2014 Arguments Against Measure M2014
This is not a tax. This does not increase our public debt. This Ordinance requires that our County's political leaders adjust spending priorities.

For many years, our elected officials have been putting off properly maintaining our roads, parks and buildings so they do other things with your tax money. Look at our roads. You will see cracks and potholes. Your favorite park may have a crumbling parking lot. County buildings lack functional ventilation systems and have leaking roofs. The small fixes that cost a dollar today will become more expensive the more we delay.

Our political leaders have become accustomed to asking the people to approve extra taxes in order to have routine maintenance performed. Measure A and Measure D are examples of such taxes. Politicians find it easy to put off what they should do--maintain our infrastructure--so they can spend your tax money on other things. The problem is not lack of money. The problem is misplaced priorities. This ballot initiative will restore our priorities to what you, the voters, always expected.

This Ordinance requires that the County's elected officials give roads, parks and buildings the priority they deserve. Maintenance is not glamorous. There is no ribbon-cutting or press release when we do the boring task of maintenance. But it must be done.

This Ordinance makes the County do what is necessary to prevent any further deterioration of our County infrastructure.

It is our responsibility as citizens to insure that our children and grandchildren do not inherit roads, parks and buildings in a third world condition. This Ordinance prevents further deterioration by establishing simple, transparent priorities. NOT by increasing debt. NOT by raising taxes.

The undersigned author(s) of the argument in favor of ballot Measure M2014 at the Statewide Direct Primary Election for the County of Santa Barbara to be held on June 3, 2014 hereby state that this argument is true and correct to the best of their knowledge and belief.

s/ Peter Adam, County Supervisor
Santa Barbara County

s/ Jim Richardson, Mayor
City of Solvang

s/ Tom Urbanske, former County Supervisor
Santa Barbara County

s/ Willy Chamberlin, former County Supervisor
Santa Barbara County

Rebuttal to Arguments For
We all want well-maintained roads and government buildings, but Measure M isn't the answer. In fact, Measure M would adjust spending priorities in a way that would cripple law enforcement and other essential services.

Measure M makes maintaining infrastructure a higher priority than providing public safety. The Board of Supervisors would be forced to use limited discretionary resources to fund maintenance first, before allocating remaining dollars for other services including public safety. Reductions in services to mental health, jails, courts, probation, truancy prevention, children, veterans, libraries and animal services would negatively impact services to all Santa Barbara County residents.

The County has a budget of over $800 million, but only about $200 million is discretionary. Over 60% of those funds already go to public safety. There are simply not enough remaining monies to cover the additional $20 million required annually for maintenance under Measure M without brutal cuts to existing services, including public safety.

We've just endured the worst economic crisis of our lifetime. Since 2008 the County of Santa Barbara was forced to cut services and 580 positions, including 64 from the Sheriff's Office. Money's still very tight. We don't yet have enough revenue to fund Measure M and keep existing services. Just as the global economic downturn is loosening its grip on the County, Measure M would force more deep cuts to critical services.

Please vote NO on Measure M. Let's seek a more common sense approach that gradually increases maintenance while preserving public safety and other crucial services.

The undersigned author(s) of the rebuttal to the argument in favor of ballot Measure M2014 at the Statewide Direct Primary Election for the County of Santa Barbara to be held on June 3, 2014 hereby state that this argument is true and correct to the best of their knowledge and belief.

s/ Bill Brown
Sheriff-Coroner, Santa Barbara County

s/ Joyce Dudley
District Attorney, Santa Barbara County

s/ S. Monique Limon
Board of Education, Santa Barbara Unified School District

s/ Mike T. Bennett
Mayor, City of Goleta

s/ Brad Stein
Mayor, City of Carpinteria

There is a saying "if it seems too good to be true, it probably is." Unfortunately that is the case with Measure M. While it is essential to maintain and improve the condition of our public facilities, this ballot initiative prioritizes maintenance over public safety and has very serious unintended consequences.

Measure M proposes no new funding yet requires huge expenditures by taxpayers. If passed, it will force cuts to existing programs that all members of our community depend upon.

Analysis shows that Measure M would require a minimum of $20 million annually in additional funding. Without new revenue, that amount would need to be cut from programs within the County's discretionary budget of $206 million. The vast majority of the discretionary budget already goes to critical public safety and health services such as patrol deputies, fire protection, emergency services and mental health care.

Ironically, while Measure M claims it will ensure that county parks, beaches and libraries are maintained, it will lead to cuts in the funding required to operate those facilities and keep them open to the public.

Measure M increases the pressure to raise taxes and fees and takes away the ability of voters and elected representatives to prioritize the use of our limited resources. It will also force cuts to programs that generate revenues and has no exceptions for emergency situations.

Instead of the risky and misguided approach proposed in Measure M, let's take a more sensible approach by strategically increasing maintenance funds while keeping essential services the top priority. This will assure our community's health and safety is properly balanced with our infrastructure needs.

Please join us and a wide range of groups and leaders from throughout our County including our Deputy Sheriffs and County Firefighters in voting No on Measure M.

The undersigned author(s) of the argument against ballot Measure M2014 at the Statewide Direct Primary Election for the County of Santa Barbara to be held on June 3, 2014 hereby state that this argument is true and correct to the best of their knowledge and belief.

s/ Salud O. Carbajal
1st District Supervisor, Santa Barbara County

s/ Doreen Farr
3rd District Supervisor, Santa Barbara County

s/ Joni Gray
Former 4th District Supervisor, Santa Barbara County

s/ Joe Centeno
Former 5th District Supervisor, Santa Barbara County

s/ Patti Stewart
Retired Chief Probation Officer, Santa Barbara County

Rebuttal to Arguments Against
The opponents of Measure M do not dispute that maintenance has been underfunded and systematically deferred. But they offer no alternative solution to the $300 Million backlog that they admit exists. This backlog will grow to $750 Million by 2027 if current inaction continues.

The opponents instead offer vague bureaucratic jargon. "Strategically increasing maintenance funds" is not a plan. It's an attempt to lull you, the voters.

The opponents fall back on scare tactics claiming that money must be diverted from fire fighting and law enforcement. Not true.

Maintenance costs can be spread throughout Santa Barbara County's $844 million budget which draw on property tax as well as State and Federal funds. The funding needed for Measure M calculates to be 2.8% of our total budget.

State law gives The County Supervisors the responsibility for adopting an annual budget. But we, the people, can set the priorities.

Measure M simply directs the Supervisors to do the task they must do first, maintain the infrastructure that the taxpayers have purchased.

Gutting essential public safety programs has no political support. Instead, our Supervisors, with input from staff, will have to do the hard work of combing through the $844 million budget to make the 2.8% adjustment that will keep your infrastructure from deteriorating any further.

Opposition from County politicians and staff does not surprise us. Business-as-usual is always the easiest path. We have a problem. Measure M is the essential first step toward solving that problem.

Vote YES on Measure M.

The undersigned author(s) of the rebuttal to the argument against ballot Measure M2014 at the Statewide Direct Primary Election for the County of Santa Barbara to be held on June 3, 2014 hereby state that this argument is true and correct to the best of their knowledge and belief.

s/ Dale Francisco
Santa Barbara City Councilman

s/ Kathy Vreeland
Behalf of the Buellton Chamber of Commerce

s/ June B. Van Wingerden
Cut-Flower Grower

s/ David H. Kent
Past President, Montecito Association

s/ Gregory Gandrud
former Carpinteria City Councilman

Full Text of Measure M2014
THEREFORE, THE PEOPLE OF THE COUNTY OF SANTA BARBARA ORDAIN AS FOLLOWS:

The heads of County Departments responsible for Public Works, Parks, and General Services shall inform the County Executive Officer annually of the condition of roads, parks and buildings and the actions that they recommend to keep all County roads, parks and buildings used by the public in the condition that existed at the time of passage of this Ordinance. The County Executive Officer shall present those recommendations to the Board of Supervisors (Board) along with any additional recommendations that the County Executive Officer may wish to make.

The Board shall maintain all County roads, parks and buildings used by the public in the same or better condition than existed at the time of passage of this Ordinance. The Board shall implement the legislative intent of this Ordinance using whatever powers the Board decides to invoke except that the Board may not implement this Ordinance by issuing debt unless the debt is approved by the voters.

The Board will document its compliance with this Ordinance by adopting a resolution stating the actions taken to comply and the statistical measurements of the level of maintenance that were used.

If the condition of County roads, parks and buildings described herein improves above the level that existed at the time of the passage of this Ordinance, the higher level of maintenance shall be maintained or further improved.

If any part of this Ordinance is held legally invalid, the remaining parts shall remain in force.


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Created: July 9, 2014 18:44 PDT
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