This is an archive of a past election.|
See http://www.smartvoter.org/ca/sm/ for current information.
Open Space Bonds
Midpeninsula Regional Open Space District
2/3 Approval Required
68.0% Yes votes ......
32.0% No votes
Index of all Measures
Results as of Jul 9 6:44pm, 100.0% of Precincts Reporting (497/497)|
50.0% Voter Turnout (177,375 Total/354994)
Includes 296/296 Precincts in Santa Clara County as of Jul 9 6:44pm
Includes 1/1 Precincts in Santa Cruz County as of June 20 5:49pm
Includes 200/200 Precincts in San Mateo County as of Jul 9 6:44pm
|Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Tax Rate Statement | Full Text|
To improve access to hiking and biking opportunities, protect and preserve redwood forests, natural open spaces, the scenic beauty of our region and coastline, critical wildlife habitat, restore creeks to protect water quality, and reduce forest fire risk; shall Midpeninsula Regional Open Space District be authorized to issue up to $300 million in bonds, at a tax rate not to exceed $3.18 per $100,000 of assessed value of property owned, with expenditures verified by an independent citizen oversight committee?
The Board of Directors (Board) of the Midpeninsula Regional Open Space District (District) proposes issuing general obligation bonds in an amount not to exceed $300,000,000. As identified in the measure, the bond would be used to provide public access and acquire, restore and preserve open space throughout the District by carrying out the following Priority Actions: (1) improving hiking, biking and equestrian opportunities; (2) protecting and preserving redwoods, natural open spaces, critical habitats and the scenic beauty of the region and coastline; (3) restoring creeks to protect water quality; and (4) reducing forest fire risk. Specific Priority Actions by region within the District are set forth in the full text of the Measure in Exhibit A.
The District's best estimate of the tax rate to be levied to fund the proposed bond issue is $1.00 per $100,000 of assessed valuation during the fiscal year after the sale of the first series of bonds (expected to occur in 2015-2016). The District's best estimate of the tax rate to be levied to fund the proposed bond issue is $2.90 per $100,000 of assessed valuation during the fiscal year after the sale of the last series of bonds (expected to occur in 2044-2045). The District's best estimate of the highest tax rate that would be required to be levied to fund the bond issue is $3.18 per $100,000 per fiscal year of assessed valuation (expected to occur in 2034-2035).
An annual report will be prepared by the District accounting for the use of bond proceeds as authorized by the measure, and an independent citizen oversight committee will be formed to verify annual expenditures of bond proceeds.
Measure AA was placed on the ballot by the Board.
A "yes" vote is a vote to authorize the issuance and sale of the bonds in the amount of up to $300,000,000 to be secured by the levy of ad valorem taxes on property located within the District.
A "no" vote is a vote not to authorize the issuance and sale of the bonds in the amount of up to $300,000,000 to be secured by the levy of ad valorem taxes on property located within the District.
Orry P. Korb
By: /s/Susan Swain
Lead Deputy County Counsel
Midpeninsula Regional Open Space District
League of Women Voters
Pros and Cons Video
San Jose Mercury News
|Arguments For Measure AA||Arguments Against Measure AA|
|Once our natural areas are gone, they're gone for good.
Protecting and conserving natural resources and open space, including our unique redwood forests and coastal lands, is important now and for future generations.
Measure AA opens new places to walk, hike, and enjoy wildlife and nature.
Measure AA protects forests of old trees, incredible coastal views, local creeks and streams, and other natural areas.
Measure AA expands public access and usability into more of our protected areas, while carefully managing to conserve and sustain them for generations to enjoy.
Measure AA protects our redwood forests: the original "giants" of our area.
Measure AA protects local creeks and streams, a vital part of local water resources.
Measure AA preserves open views and coastal lands, which are critical anchors of our high quality of life.
Measure AA preserves local farms and ranches that sustain our agricultural heritage.
Measure AA adds more trails, and helps connect existing networks, like the Bay Trail.
There's broad support for Measure AA.
Business and technology leaders recognize that our area's natural character makes it a great place to live and work. Teachers know it's critical to protect our environment for future generations. Advocates for working families and housing appreciate that Measure AA enhances our natural areas and improves open space access and trails for all, including the disabled.
Measure AA endorsements, as well as the complete Measure AA project list, can be found by visiting yesforopenspace.org.
Independent citizen oversight and annual audits will ensure that the funds are used as promised.
It's a rare opportunity when a small investment can make such a big difference. We must pass Measure AA now to help save natural areas that cannot be replaced.
Please join Peninsula Open Space Trust, community members and local leaders: vote yes on AA.
/s/ Anna G. Eshoo
/s/ Carl Guardino
/s/ Karen Douglas
/s/ Margaret Abe-Koga
/s/ Diane Talbert
For billions of years, Nature has traditionally performed this service for free; however, our local bureaucrats have found a way to make this freebie mind-blowingly expensive.
Where would this money go to then, if not to fulfill the District's mission statement of, "...making a preserve system of diverse and unparalleled beauty." you ask? Answer: "Provide parking areas" and "Add welcome center". Seriously, that is what this money is for.
It is already illegal for the private sector to buy and develop anything on the Open Space District's property, so the rejection of this proposed bond (and its enormous cost) will continue to preserve this land for the future.
Ironically, if this measure passes, then animals' habitats will be torn from the ground to make way for construction crews and equipment. Not only will the passage of this bond put the region into nearly a half-billion dollars in debt, but it also guarantees that wild and indigenous species will be selectively destroyed to make way for the government's contractors and builders. We are talking about years upon years of this type of activity, if this measure passes.
The people behind this bond-measure are supposed to be stewards of our green spaces; now they want to tear them up by handing out ridiculously lucrative contracts to the heavy-construction industry.
/s/ Mark W.A. Hinkle
/s/ Edward Leo Wimmers
/s/ Harland Harrison
|Every local government entity probably would like to have the authority to borrow money (by selling bonds) for any number of current and future projects.
Keep in mind, however, that any borrowed money must be repaid - with interest. California "general obligation" bonds are guaranteed for repayment by the accompanying authority to raise property taxes.
Under the language of this measure, there is no telling how the $300 million will be used (except generally to purchase and maintain open space areas as provided in its Section 3). The section refers to an "Expenditure Plan" containing "priority actions" with lots of possible projects; however, no project is assured.
Another concern is that this measure contains no limitation on when the bonds may be sold. This is important because the projected tax rate is based on current interest rates. Years from now, if interest rates go up, the bonds authorized by this measure could be sold and pay interest as high as state law allows (currently 12% per year). The total cost of the borrowing could soar.
Proponents should address the above-stated concerns and explain to voters:
(1) just how the Open Space District has been spending its current budget of more than $30 million per year,
(2) how much money each of the many possible projects listed in the current "Expenditure Plan" would cost, and
(3) how many of those projects could be completed for the $300 million sought in the current bond measure.
Vote NO on Measure AA.
For more information, visit http://www.SVTaxpayers.org/2014-06-midpeninsula-regional-open-space-bond
/s/ Mark W.A. Hinkle
/s/ Edward Leo Wimmers
Measure AA is for local conservation and environmental protection. Funds can't be taken by the State or used for any other purpose.
Independent citizen oversight and annual audits will ensure Measure AA funds are spent as promised.
Measure AA includes a specific Expenditure Plan describing exactly how funds will be spent. It's online at the Midpeninsula Regional Open Space District's website, and our campaign website: yesforopenspace.org.
Midpeninsula Regional Open Space District manages its budget efficiently, protecting more than 62,000 acres while leveraging significant outside funds. Regardless of future interest rates, the cost of Measure AA is limited to $3.18 per $100,000 of assessed value.
Protecting and conserving the Peninsula's remaining natural open space and redwood forests, while increasing local opportunities for walking, hiking and biking, is vital to our community and quality of life. It's the right thing to do for future generations.
Measure AA is urgently needed - and there is no other source of funding for these critical areas. Once our natural areas are gone, they are gone forever.
Please vote yes on Measure AA:
Supervisor, County of San Mateo
/s/ Maria Diaz-Slocum
/s/ MB Moulton
/s/ Kathleen Tyson
/s/ Paul Fong
|Tax Rate Statement from General Manager, Midpeninsula Regional Open Space District|
|An election will be held in the Midpeninsula Regional Open Space District (the "District") on June 3, 2014, to authorize the sale of up to $300 million in bonds of the District to provide public access and acquire, restore, and preserve open space throughout the District as described in the ballot measure. If the bonds are approved, the District expects to sell the bonds in several series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The information contained in numbered paragraphs 1 - 3 below is provided in compliance with sections 9400-9404 of the Elections Code of the State of California.
1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $1.00 per $100,000 of assessed valuation in fiscal year 2015-16.
2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $2.90 per $100,000 of assessed valuation in fiscal year 2044-45.
3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is $3.18 per $100,000 of assessed valuation in fiscal year 2034-35.
Voters should note that the estimated tax rates are based on the estimated ASSESSED VALUE of taxable property on the respective County's official tax rolls, not on a property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.
Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on its needs for funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the respective County Assessor in the annual property value assessment process.
Dated: February 26, 2014.
/s/ Stephen E. Abbors
|Full Text of Measure AA|
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING AN ELECTION AND ORDERING THE SUBMISSION OF A PROPOSITION FOR INCURRING BONDED INDEBTEDNESS NOT TO EXCEED $300 MILLION FOR THE PURPOSE OF PROVIDING PUBLIC ACCESS AND ACQUIRING, RESTORING AND PRESERVING OPEN SPACE THROUGHOUT THE DISTRICT, TO THE QUALIFIED VOTERS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON JUNE 3, 2014
WHEREAS, on February 12, 2014, the Board of Directors of the Midpeninsula Regional Open Space District (the "District") adopted, by a unanimous vote of all five members of said Board of Directors present (two absent), a Resolution entitled "Determination that the Public Interest and Necessity Demand Providing Public Access, and Acquiring, Restoring and Preserving Open Space Throughout the District, with Financing Through the Issuance of General Obligation Bonds" (the "Resolution"); and
WHEREAS, in order to provide for the issuance by the District of its general obligation bonds to finance the costs of providing public access and acquiring, restoring and preserving open space throughout the District, it is necessary for this Board of Directors to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the District at an election; and
WHEREAS, a General Election for the District is to be held on Tuesday, June 3, 2014; and
WHEREAS, the Board of Directors desires to submit to the voters at said election the proposition of incurring bonded indebtedness as hereinafter set forth; and
WHEREAS, the Board of Directors desires to consolidate the District election with the General Election to be held in the District on June 3, 2014.
Now therefore, the Board of Directors of the Midpeninsula Regional Open Space District does ordain as follows:
SECTION 1. That a district election is hereby called and ordered to be held in the District on June 3, 2014, at which election there shall be submitted to the qualified voters the proposition set forth below:
SECTION 2. That said proposition shall appear on the ballot for said district election in the following form:
The Board does hereby submit to the qualified voters of the District, at said district election, this Ordinance and the proposition set forth above.
SECTION 3. The indebtedness to be incurred by the District shall be for the object and purpose set forth in the Resolution, namely, to provide public access and acquire, restore and preserve open space throughout the District and to implement a set of priority actions as described in Exhibit A. The object and purpose of the priority actions shall be to improve access to hiking and biking opportunities, protect and preserve redwood forests, natural open spaces, the scenic beauty of the region and coastline, critical wildlife habitat, restore creeks to protect water quality, and reduce forest fire risk. Priority actions will be distributed throughout the District.
All of the foregoing described objects and purposes are referred to herein as the "Expenditure Plan" (Exhibit A) for purposes of this Ordinance.
The indebtedness incurred under this Ordinance shall include the cost of legal and other fees incidental to or connected with the authorization, issuance and sale of the general obligation bonds.
SECTION 4. The District projects that property tax rates will not exceed an additional $3.18 per year per $100,000 of assessed valuation, as described more completely in the Tax Rate Statement that is attached hereto as Exhibit "B." The repayment projections are based on reasonable growth assumptions, taking into account Article XIIIA of the California Constitution. The foregoing provision shall not be construed to limit the power and duty of the Board of Directors to cause to be levied and collected a tax sufficient to fulfill its obligations to pay debt service on bonds in any fiscal year.
SECTION 5. The estimated cost of providing public access and acquiring, restoring and preserving open space throughout the District as outlined in the Expenditure Plan is not to exceed Three Hundred Million Dollars ($300,000,000). The estimated cost includes the bond issuance fees.
SECTION 6. The principal amount of the general obligation bonds to be issued for the Expenditure Plan is Three Hundred Million Dollars ($300,000,000).
SECTION 7. The rate of interest to be paid on the bonds to be issued for the Expenditure Plan shall not exceed the State of California (the 'State') maximum allowed rate of twelve percent (12%) per annum (unless the maximum interest rate for general obligation bonds of the District shall hereafter be increased by the Legislature of the State, in which event said maximum fixed by said Legislature shall apply).
SECTION 8. Under sections 53410 and 53411 of the California Government Code, the bonds shall be for the specific purposes authorized in this Ordinance and the proceeds of such bonds will be applied only to the Expenditure Plan. The District will comply with the requirements of section 53410 of the California Government Code.
An annual report will be prepared by the District consistent with the accountability measures as required in California Government Code section 53411. An Independent Citizen Oversight Committee will be formed to verify annual expenditures of bond proceeds. The Citizen Oversight Committee will consist of seven at-large members, all of whom shall be District residents.
SECTION 9. The Board of Directors finds that adoption of this Ordinance creating a government funding mechanism or other government fiscal activity does not constitute a project under the California Environmental Quality Act (CEQA) (14 Cal. Code. Regs., section 15378(b)(4)). The final design of and alternatives considered for any particular project shall be subject to CEQA as required by law, and all environmental review required by CEQA shall be completed before any specific project is commenced.
SECTION 10. The District proposes to issue and sell General Obligation Bonds of the District pursuant to section 5568 of the California Public Resources Code, Article 9, commencing with section 43600 of Chapter 4 of Division 4 of Title 4 of the California Government Code and/or Article 4.5, commencing with section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above, if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the District, payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of said bonds are to be equally and ratably secured, without priority, by the taxing power of the District.
SECTION 11. The polls for said election shall be open the day of said election in accordance with the California Elections Code.
SECTION 12. The election hereby called for the date hereinbefore specified shall be and is hereby, ordered consolidated with the Statewide General Election to be held within the District on said date, and within the territory affected by the consolidation, the election shall be held and conducted, election officials appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the Statewide general election and specified herein. The Board of Supervisors of the County of San Mateo, the Board of Supervisors of the County of Santa Clara and the Board of Supervisors of the County of Santa Cruz are hereby requested to order the consolidation of the election hereby called with said Statewide general election, and the Board of Supervisors of the County of San Mateo, the Board of Supervisors of the County of Santa Clara and the Board of Supervisors of the County of Santa Cruz are hereby authorized to canvass the returns of said election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used in each of the affected counties. Each of said Board of Supervisors shall certify the results of the canvass of the returns of said district election in each of the respective counties to the Board of Directors of this District, which shall thereafter declare the results thereof. The proposition submitted by this Ordinance shall be designated on each ballot by a letter printed on the left margin of the square containing the description of the proposition, as provided in the California Elections Code.
SECTION 13. All persons qualified to vote at general district elections in the District upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said election.
SECTION 14. Ballots for the election shall be in form and in the number as required by law. On said ballots, in addition to any other printed matter which may be required by law, two (2) voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YES" printed before it, and the other having the word "NO" printed before it.
SECTION 15. Each voter to vote for the proposition and for the incurring of said indebtedness shall stamp or write a cross, or indicate by hold punch or other means, in the blank space opposite the word "YES" on the ballot to the right of the proposition; and each voter to vote against the proposition and against the incurring of said indebtedness shall stamp or write a cross, or indicate by hold punch or other means, in the blank space opposite the word "NO" on the ballot to the right of the proposition.
SECTION 16. The District hereby requests and directs that San Mateo, Santa Clara and Santa Cruz Counties print the full text of this Ordinance, inclusive of attachments in each County's respective Voter Information Pamphlet. The Clerk of the Board of the District is hereby authorized and directed to take such actions and fill out such forms as is necessary to accomplish this direction for publication of the full text of the proposition in the Voter Information Pamphlets.
SECTION 17. The District hereby requests and directs that San Mateo, Santa Clara and Santa Cruz Counties allow arguments for and against this measure to be filed pursuant to Elections Code section 9282 et seq. The Board adopts the provisions of Elections Code section 9285 to allow rebuttal arguments for the ballot measure.
SECTION 18. The District will reimburse separately San Mateo, Santa Clara and Santa Cruz Counties for the actual costs incurred by each of the county's elections officials in conducting the election upon receipt of a bill stating the amount due as determined by the elections officials pursuant to State law.
SECTION 19. This Ordinance shall be published once a day for at least seven days in a newspaper printed, published and circulated at least six (6) days a week in the District, or once a week for two weeks in a newspaper printed, published and circulated less than six (6) days a week in the District. The first of said publications shall, in either event, be within thirty (30) days after the adoption of this ordinance. The Clerk of the Board of the District is hereby authorized and directed to make said publications and to transmit, for receipt no later than March 7, 2014, a certified copy of this Ordinance to the appropriate officials of San Mateo County, Santa Clara County and Santa Cruz County responsible for preparing the ballots for said election.
SECTION 20. This Ordinance shall become effective immediately as an ordinance relating to an election pursuant to Government Code section 36937(a) upon its adoption by two-thirds vote of all the members of this Board of Directors.
Introduced at a regular meeting of the Board of Directors held on February 12, 2014 and adopted as an ordinance of the Midpeninsula Regional Open Space District at a regular meeting of the Board of Directors on February 26, 2014, by the following vote:
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of an ordinance duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day.
/s/ Jennifer Woodworth
TITLE: To improve access to hiking and biking opportunities, protect and preserve redwood forests, natural open spaces, the scenic beauty of the region and coastline, critical wildlife habitat, restore creeks to protect water quality, and reduce forest fire risk.
Founded by voters in 1972, the Midpeninsula Regional Open Space District ("District") has protected, in perpetuity, 62,000 acres of open space containing 26 preserves and more than 220 miles of trails that serve Santa Clara, San Mateo, and a portion of Santa Cruz counties. The District's preserves provide a scenic backdrop to the region offering residents places for hiking, biking, horseback riding, or simply connecting with nature, close to home. Throughout its 41-year history the District has used taxpayer dollars wisely, leveraging funds to bring in state, federal, and private grant money, and providing annual audits in a transparent public process. The District is governed by a publicly elected board of directors.
Over the years, the number of acres and miles of trails the District owns and maintains have steadily increased, as have the number of visitors and the cost of land. Expanding public access, restoring sensitive environments and purchasing land are costly, yet are high priorities for the public.
To reinforce and expand these types of services and resources, the Board of Directors is placing this funding measure on the June 3, 2014 ballot.
$300 million in General Obligation Bonds will be sold. The bond repayment would be financed by an annual property tax override based on a tax rate not to exceed $3.18 per $100,000 of assessed value of property owned per year.
This Expenditure Plan outlines priority actions identified by the public and proposed by the District to be funded with bond proceeds. Part B describes each priority action and describes what goals it will achieve. Part C of the Expenditure Plan describes the establishment of an independent Citizen Oversight Committee.
2. PRIORITY ACTIONS
The priority actions listed below are the result of a process that combined scientific analysis with broad public engagement to create a shared vision for the future of the District and the region's open space. Each priority action may address one or more of the following as more specifically described in the table Priority Actions, By Region attached to this Expenditure Plan:
If approved, the bond proceeds would be allocated to fund the capital improvements necessary to implement the priority actions listed below. Note: the number associated with each priority action does not denote its priority level, but is only used for identification purposes to correlate with the locations depicted on the map.
The estimates associated with each priority action are in 2014 dollars. These are estimates only, and the actual costs may change in implementation.
The District may annually review and propose amendments to the Expenditure Plan to provide for the use of additional federal, state and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances. The District shall act on no more than one package of amendments each fiscal year. The District shall establish a process for proposed Expenditure Plan amendment(s) which ensures that the Citizen Oversight Committee is included in the development. Upon completion of this process, amendments(s) to the Expenditure Plan must be passed by a two-thirds majority of the District Board in a publicly noticed meeting.
PRIORITY ACTIONS, BY REGION
[NOTE: A map showing the projects listed above is available on page 11 of this document or a tour of the projects]
3. INDEPENDENT CITIZEN OVERSIGHT COMMITTEE
An Independent Citizen Oversight Committee will be formed to verify expenditures of bond proceeds. The Independent Citizen Oversight Committee will consist of seven at-large members, all of whom shall be District residents. The Citizen Oversight Committee will be selected by the Board and interviewed and approved in open session, and will be subject to the conflict of interest constraints of the California Political Reform Act.
The responsibilities of the Committee include: