Become part of the movement for unbiased, accessible election information. Donate today.

Apple Valley, California, Water System Acquisition, Measure W (November 2016)

From Ballotpedia
Jump to: navigation, search

Local ballot measure elections in 2016

Measure W: Apple Valley Water System Acquisition
LocalBallotMeasures Final.png
The basics
Election date:
November 8, 2016
Status:
Defeatedd Defeated
Topic:
City governance
Related articles
City governance on the ballot
November 8, 2016 ballot measures in California
San Bernardino County, California ballot measures
City bonds on the ballot
See also

A ordinance authorizing the acquisition of the water system was on the ballot for Town of Apple Valley voters in San Bernardino County, California, on November 8, 2016. It received majority approval, but was defeated since it received fewer "yes" votes than the competing measure, Measure V.

A yes vote was a vote in favor of authorizing the town to acquire the Liberty Utilities water system and issue public debt of more than $5 million upon voter approval or a public hearing, thereby competing with the citizen initiative Measure V.
A no vote was a vote against authorizing the town to acquire the Liberty Utilities water system and issue public debt of more than $5 million upon voter approval or a public hearing.

Measure W faced a competing measure, Measure V, which was placed on the ballot by an initiative petition. Measure V was designed to require voter approval before the town could issue more than $10 million in public debt for acquiring, improving, or financing a project. Although both measures passed, Measure V received a higher percentage of "yes" votes, which rendered Measure W ineffective.

Election results

Measure W
ResultVotesPercentage
Defeatedd No11,33243.23%
Yes 14,879 56.77%
Election results from San Bernardino County Elections Office of the Registrar of Voters

Text of measure

Ballot question

The following question appeared on the ballot:[1]

Shall an ordinance be adopted authorizing the Town of Apple Valley to finance the acquisition of the Liberty Utilities water system and to acquire, improve, or finance other projects, by issuing public debt in excess of $5,000,000 if the Town obtains voter approval or the Town Council holds a public hearing, certifies that the revenues from the project will cover debt payments, prohibits the use of taxpayer revenues to repay the debt, and conducts an annual independent audit?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Apple Valley Town Attorney:

On July 26, 2016, the Town Council voted unanimously to place Measure "W" on the November 8, 2016 ballot. Measure "W" is the Council's response to citizen requests for an alternative to Measure "V" and is designed to require voter approval for public debt unless certain safeguards are met. If adopted, Measure "W" will allow the Town to finance the acquisition of the water system currently owned and operated by Liberty Utilities (Apple Valley Ranchos Water) Corp. without the delays and costs of an election if the Town meets certain standards. If the Town cannot meet these standards, the Town must submit the matter to a vote of the people.

Under current State law, the Town of Apple Valley is able to issue some forms of public debt for the acquisition, construction, improving, or financing of an enterprise without calling an election and without incurring the costs and delays associated with such an election.

Measure "W" would generally require voter approval of any Town debt of more than $5,000,000 where the debt is for the purpose of acquiring, constructing, improving, or financing an enterprise (e.g., water systems, sewer systems, and storm water systems) and the debt is secured against the future revenues of that enterprise with one important exception — it will not apply where the following conditions are satisfied:

(1) The Council conducts a public hearing prior to issuing the debt;
(2) The Council certifies (based on financial analysis) that the projected revenues from the enterprise exceed the debt payments proposed;
(3) The Council certifies that debt will not be paid by the taxing power of the Town; and
(4) The Council requires an annual independent audit to ensure that the proceeds of the debt are utilized in connection with the enterprise only.

This exception will not apply to revenue bonds or other forms of debt where voter approval is already required under state law.

The measure provides that in the event this measure and another measure relating to the issuance of public debt both pass, then the measure that receives the most votes will prevail over the other measure.

Measure "W" requires simple majority approval to pass.

A "Yes" vote will approve Measure "W."

A "No" vote will not approve Measure "W." [2]

—Apple Valley Town Attorney[3]

Full text

The full text of the measure is available here.

Support

Supporters

The following individuals signed the official argument in favor of the measure:[4]

  • Barb Stanton, mayor, Town of Apple Valley
  • Scott Nassif, mayor pro tem, Town of Apple Valley

Arguments in favor

Official argument

The following official argument was submitted in favor of the measure:[5]

Vote Yes on Measure W and finally put Apple Valley on the path to Community Ownership of Your Water System. Water is the life blood of any community and for far too long Apple Valley's water rates and future have been dictated by an out of Town for-profit company.

A yes vote ensures that your tax dollars will Not be raised, or spent on the acquisition and financing of the Water System. These assurances would apply to the financing of any major enterprise project.

A Yes on Measure W will:

  • Bring Local Control to your Water System and stop the continuous, outrageous water rate increases and surcharges.
  • Take our Water System out of the hands of shareholders only interested in profits and gives control to our residents and ratepayers where it belongs.
  • Protect Taxpayers — No Tax Dollars will be spent on the financing, or acquisition of the Water System.
  • Put safeguards in place that applies to the financing of any enterprise project and includes an Independent Annual Audit.

These are just a few of the reasons the Vast Majority of all ater Systems are Publicly Owned. Why Should We Pay So Much More Tha Our Neighboring Communities Pay For Water?

Your Town Council Voted Unanimously to put this Measure on the ballot for your consideration in Community Ownership of the Water System and ensure the future of Apple Valley's Economy and "Better Way of Life."

It was best said by Presiding Judge Karen Townsend regarding Missoula Montana's successful acquisition of their water system from Liberty Utilities, "Its contemplated use of the water system as a municipally owned water system is more necessary than the current use as a privately owned for-profit enterprise."

Please Join Us And Vote Yes on Measure W. [2]

Opposition

Opponents

The following individuals signed the official argument against the measure:[6]

  • Pat Hanson, Apple Valley Citizens for the Right to Vote on Debt
  • Chris Mann, founder, Inland Empire Taxpayers Association
  • Diana Carloni-O'Malley, Apple Valley taxpayer

Arguments against

Official argument

The following official argument was submitted in opposition to the measure:[7]

Measure W is a political attempt to deceive voters. IF MEASURE W PASSES, YOU ARE NOT GUARANTEED THE RIGHT TO VOTE on debt. According to the Town of Apple Valley Blue Ribbon Water Committee, that debt could exceed $200 million.

MEASURE W UNDERMINES VOTERS, creating a massive loophole that gives politicians a virtual blank check and the power to take on hundreds of millions of dollars in debt without a vote.

MEASURE W SURRENDERS YOUR RIGHT TO VOTE. If the politicians SIMPLY HOLD A HEARING and take other administrative actions, deceptive Measure W allows them to bypass a vote of the people.

Measure W wouldn't be on the ballot if Apple Valley residents hadn't signed petitions demanding the right to vote. Instead of respecting voters, being transparent and telling them how much they want to borrow and asking for support, THE TOWN HIRED AN EXPENSIVE SACRAMENTO POLITICAL LAWYER TO UNDERMINE VOTERS WITH MEASURE W.

MEASURE W DOESN'T CHANGE CURRENT LAW, which gives POLITICIANS ALL THE POWER TO DECIDE IF YOU GET TO VOTE.

Existing law already says the Town can hold a public meeting. A PUBLIC MEETING DOESN'T EQUAL GOVERNMENT ACCOUNTABILITY TO VOTERS.

Current law says that the TOWN ALREADY HAS TO CHARGE FEES HIGH ENOUGH TO REPAY THE DEBT. You have to pay but aren't guaranteed a vote.

If Measure W passes, the politicians could BORROW MROE THAN $200 MILLION WITHOUT A VOTE OF THE PEOPLE.

APPLE VALLEY CITIZENS DESERVE RESPECT - INCLUDING THE RIGHT TO VOTE "YES" OR "NO" ON debt they have to repay. Measure W represents the kind of establishment politics that has voters on both sides of the aisle upset and distrustful of government.

Protect your right to vote on public debt. VOTE NO ON MEASURE W.

www.RightToVoteOnDebt.org[2]

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the governing officials of Town of Apple Valley, California.

Recent news

The link below is to the most recent stories in a Google news search for the terms Town of Apple Valley City governance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Footnotes