November 8, 2016 - Measure M

Lynda Roberts, Registrar of Voters, Elections

CSA #17-1 KENT WOODLANDS
MEASURE M

MEASURE M: Shall the special tax for Sheriff deputy patrol services, levied annually upon living units located within CSA 17 (Kent Woodlands), be increased from $260.00 per year to $360.00 per year, subject to an annual inflation adjustment not to exceed 3% per year, for each living unit within that area commencing with the 2016-2017 fiscal year?

YES                             NO

COUNTY COUNSEL’S IMPARTIAL ANALYSIS OF MEASURE M

COUNTY SERVICE AREA 17-1
(KENT WOODLANDS)
SPECIAL TAX

This measure was placed on the ballot by the Marin County Board of Supervisors for the purpose of increasing a special tax upon living units to provide additional sheriff patrol services.

If this measure is approved by a two-thirds vote, County Service Area 17-1 (Kent Woodlands) will increase the existing parcel tax from $260.00 to $360.00 per annum per living unit within the Area as reflected upon the rolls of the County Assessor. The tax is subject to an annual inflation adjustment not to exceed 3% per year, beginning with fiscal year 2016-2017. The tax will remain in effect until repealed by the Board of Supervisors, or the registered voters upon whose property the parcel tax is imposed, to provide funds so that Kent Woodlands may continue to be provided at the current level of additional police services, specifically a sheriff deputy dedicated to patrolling the Kent Woodlands neighborhood.

s/STEVEN M. WOODSIDE
County Counsel

By s/Sheila Lichtblau, Deputy County Counsel

ARGUMENT IN FAVOR OF MEASURE M

VOTE YES ON SHERIFF PATROLS -- Over the past twenty years, Kent Woodlands residents have been paying for exclusive Sheriff Patrols in our neighborhood. During this time the crime rate has been very low. The Sheriff Patrol duties have included traffic violations, home vacation checks, contractor construction equipment and parking control, plus many other community services, especially for children and senior citizens. It has been ten years since the ballot measure for the Sheriff Contract and thus costs have risen.

Please give your support and vote “Yes“ to continue this critical community service.

s/BARRY EVERGETTIS
President, representing Kent Woodlands Property Owners Association

NO REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE M WAS SUBMITTED.

ARGUMENT AGAINST MEASURE M

Measure M proposes an over 38% increase in fy2016-17 tax per dwelling unit for sheriff services (from $260 to $360) followed by annual increases of up to 3% per annum.

Kent Woodlands residents pay a CSA-17 tax to fund dedicated neighborhood patrol services. These are currently provided by the Marin County Sheriff’s department. The county sets the price of such services and, with limited flexibility, most key terms of the service (e.g., patrol service is provided only in regularly scheduled, continuous eight hour blocks).

In fy2015-16, Kent Woodlands was charged nearly $180,000 for 40 hours per week for one full time equivalent sheriff deputy. This charge includes contributions toward active employee health care and pension benefit plans (even though patrol service is generally provided by 2-3 retired deputy sheriffs working part-time who are receiving rather than accruing such benefits).

We are charged after the fact for patrol services rendered in the prior year. Our sheriff patrol charge rose 7.5% in fy2015-16 and 5.4% in fy2014-15.

Pass through of the county sheriff’s department’s latest labor contract causes Kent Woodlands’ salary expense for patrol services to rise 13.3% over the next three years.

There is currently no negotiation of price or terms of sheriff services provided to Kent Woodlands.

If Measure M is rejected, there are still sufficient funds to continue patrol services at current levels throughout fy2016-17 while we explore all options with the county as well as other potential providers of patrol services.

Voting NO on Measure M is a vote for both fiscal responsibility and optimizing security services.

s/MIMI WILLARD
Secretary, Kent Woodlands Property Owners Association

s/STEPHEN N. GRAY
Treasurer, Kent Woodlands Property Owners Association

s/JOAN P. BENNETT
Kent Woodlands resident

s/BASIA CRANE
Kent Woodlands resident

NO REBUTTAL TO ARGUMENT AGAINST MEASURE M WAS SUBMITTED.

FULL TEXT OF MEASURE M

RESOLUTION NO. 2016-82
RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS CALLING FOR AN ELECTION TO INCREASE A SPECIAL TAX UPON LIVING UNITS LOCATED WITHIN CSA 17 (KENT WOODLANDS) FOR THE PURPOSE OF CONTINUING TO PROVIDE ADDITIONAL SHERIFF DEPUTY PATROL SERVICES

WHEREAS, as set forth in Resolution No. 85-196, some residents of CSA 17 who live in the area described in Exhibit A to that resolution requested that said area be empowered to provide extended police services and such additional police services were provided in the form of additional sheriff deputy patrols that have been paid for by a special tax on living units within the area described in Exhibit A to Resolution 85-196; and

WHEREAS, the Board of Supervisors, as the governing body of County Service Area ("CSA") 17, has been requested by the local home owners association for Kent Woodlands, the KWPOA, to take the action herein so that Kent Woodlands may continue to be provided at the current level the additional police services, specifically a sheriff deputy dedicated to patrolling the Kent Woodlands neighborhood, and to fund said additional police services through imposition of an increase of the existing special tax; and

WHEREAS, pursuant to California Government Code §§ 25215.2 and 50075, et seq., and in compliance with California Constitution Article XIII, the Board of Supervisors hereby authorizes the adoption of this Resolution to call for an election to increase the special tax upon all living units upon real property located within the above-specified portion of CSA 17; and

WHEREAS, the Board of Supervisors proposes to increase the special tax from $260.00 to $360.00 per annum, subject to an annual inflation adjustment not to exceed 3% per year, per living unit beginning with fiscal year 2016-2017 and remaining in effect until repealed by the Board of Supervisors or the registered voters upon whose property the special tax is imposed; and

WHEREAS, any proceeds received from the measure are deemed taxes of the receiving agency and, where appropriate, subject to Article XIIIB of the California Constitution (Gann limit).

NOW, THEREFORE, BE IT RESOLVED as follows:

  1. The increased special tax shall be collected annually by the Marin County Tax Collector in the same manner and subject to the same penalties as County property taxes are collected from every person who owns a living unit within this Area as reflected upon the rolls of the County Assessor. The County shall be entitled to deduct its reasonable costs incurred in collecting the special tax before such tax is remitted to CSA 17.
  2. This Board shall determine annually, based upon a budget recommended to it, the tax rate up to the maximum allowed pursuant to the inflation adjustment specified herein.
  3. The special tax established by this Resolution shall be submitted to the registered voters within CSA 17 at an election to be consolidated with the election to be conducted on November 8, 2016. The special tax shall not become effective unless approved by two-thirds of the registered voters within CSA 17. The question submitted to the voters shall read substantially as follows:
    Shall the special tax for Sheriff deputy patrol services, levied annually upon living units located within CSA 17 (Kent Woodlands), be increased from $260.00 per year to $360.00 per year, subject to an annual inflation adjustment not to exceed 3% per year, for each living unit within that area commencing with the 2016-2017 fiscal year?
  4. The Board of Supervisors hereby orders that this election shall be consolidated with any other election scheduled on Tuesday, November 8, 2016.
  5. Pursuant to the provisions of Elections Code Section 1002, the Marin County Board of Supervisors authorizes and directs the Marin County Registrar of Voters to render all services necessary for the conduct of the election. The costs of the election shall be borne by CSA 17.
  6. The increase in the special tax shall be deemed in effect beginning with the 2016-2017 fiscal year upon certification of the election results evidencing approval by at least two-thirds of the registered voters voting thereon.
  7. Pursuant to California Government Code Section 50077.5 and the California Code of Civil Procedure Section 860, any judicial action or proceeding to attack, review, set aside, or annul this special tax, if approved by the voters, shall be commenced within 60 days of the effective date of this Resolution.

PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this 2nd day of August 2016, by the following vote:

AYES: SUPERVISORS Judy Arnold, Katie Rice, Damon Connolly, Kathrin Sears, Steve Kinsey

NOES: NONE
ABSENT: NONE

s/STEVE KINSEY
President, Board of Supervisors

ATTEST:
s/MATTHEW HYMEL
Clerk