Tuesday, April 08, 2014

Thomas W. Wills, Judge of the Superior Court, County of Monterey: [PROPOSED] JUDGMENT & JOINT PEREMPTORY WRIT OF MANDATE Regarding Case No. M 127 186 (Ballot Argument), Case No. M127 244(Ballot Label) and Case No. M 127 272 (Rebuttal), Measure O

ABSTRACT: On Thursday, April 3, 2014, [PROPOSED] JUDGMENT and JOINT PEREMPTORY WRIT OF MANDATE, by Thomas W. Wills, Judge of the Superior Court, County of Monterey, was filed regarding Case No. M 127 186 (Ballot Argument), Case No. M127 244(Ballot Label) and Case No. M 127 272 (Rebuttal). The [PROPOSED] JUDGMENT and JOINT PEREMPTORY WRIT OF MANDATE, including ARGUMENT IN FAVOR OF MEASURE O, document is embedded. BALLOT LABEL AND ARGUMENT IN FAVOR OF MEASURE O, BEFORE JUDGE'S ORDERSJ and AFTER JUDGE'S ORDERS TABLES are presented.  Monterey County Superior Court Judge Thomas Wills ruled that “the Measure O ballot title should be changed, and several ballot arguments submitted by the initiative's proponents — Public Water Now — should be stricken or edited because they were clearly false or misleading.” And “County elections officials are slated to send ballot materials to the printer on Friday,” according to reporting in The Monterey County Herald.
[PROPOSED] JUDGMENT and JOINT PEREMPTORY WRIT OF MANDATE, including ARGUMENT IN FAVOR OF MEASURE O
April 3, 2014

MEASURE O
Monterey Peninsula Water Management District

BEFORE JUDGE’S ORDERS                             AFTER JUDGE’S ORDERS

BALLOT LABEL
Shall the citizen-circulated initiative entitled 'Monterey Peninsula Water System Local Ownership and Cost Saving Initiative' be adopted?" 

"Shall the ordinance, Measure 0, which directs the Monterey Peninsula Water Management District to adopt a policy to move toward public ownership of all water systems within its boundaries by conducting a feasibility study, and if deemed feasible, move forward with acquisition of all such water systems' assets, be adopted?"
  

ARGUMENT IN FAVOR OF MEASURE O
Vote YES on Measure 0 for lower rates and local ownership. YES means keeping the investments on the Peninsula and owning, not renting, the assets of our water system.
Vote YES on Measure 0 for lower rates and local ownership. "YES means keeping the investments on the Peninsula and owning the assets of our water system."
Local public ownership means lower rates for water. By eliminating profit, and qualifying for lower cost municipal bonds, studies show that public ownership delivers water 25% cheaper.
Local public ownership means lower rates for water.  "By eliminating profit, and qualifying for lower cost municipal bonds, a study shows that public ownership in California delivers water 20% cheaper.”
Measure 0 would bring additional jobs to the Peninsula. Cal-Am, a private New Jersey company takes more than half of its revenues out of our community. Over 20% of the money you pay goes to profit.
"Measure O could bring additional jobs to the Peninsula." "Cal-Am, a California corporation which is a wholly-owned subsidiary of a private New Jersey company takes revenues out of our community."
YES means an immediate savings as public agencies operate without profit. The savings will boost our local economy. Cal-Am admits its rates will TRIPLE over six years with no accountability to you. Under Measure 0, rates would be set locally.
"YES means savings as public agencies operate without profit." The savings will boost our local economy.  "Cal-Am states its rates should increase by 41% by the end of 2018.” Under Measure 0, rates would be set locally.
Local, public ownership of water is common since water is a public resource. 85% of Americans get their water from public agencies where all decisions are local.
Local, public ownership of water is common since water is a public resource. 85% of Americans get their water from public agencies where all decisions are local.
Investor-owned utilities (lOU's} like Cal-Am are beholden to their remote shareholders, not to local ratepayers. That’s why Cal-Am was able to waste over $35 million in failed efforts to find new water and pass those increases off to you. Since 2003 Cal-Am has failed three times to produce new water. Under the current system, we take all the risk while distant shareholders reap all the reward.
"Investor-owned utilities (lOU's) like Cal-Am are beholden to their shareholders, not to local ratepayers." That’s why Cal-Am was able to waste over $35 million in failed efforts to find new water and pass those increases off to you. Since 2003 Cal-Am has failed three times to produce new water. "Under the current system, we take risk while shareholders reap reward.”
Public ownership assures long term supply reliability and controlled costs. In fact, the only success to date in developing new water sources has come from the local Monterey Peninsula Water Management District.
"Public Ownership promises long term supply reliability and controlled costs."  ‘In fact, success to date in developing new water sources has come from the local Monterey Peninsula Water Management District."
Background citations available at www.PublicWaterNow.org

Background citations available at www.PublicWaterNow.org

We pay for our water, we should own the system that delivers it. It's common sense.
We pay for our water, we should own the system that delivers it. It's common sense.
The League of Women Voters of Monterey County endorses Measure 0.
The League of Women Voters of Monterey County endorses Measure 0.
Vote YES on Measure 0.
Vote YES on Measure 0.
lsi Beverly Bean, President, League of Women Voters of Monterey County lsi Ronald T. Cohen, Managing Director, Public Water Now
lsi Richard Stillwell, Local Business Owner /s/ Priscilla Helm Walton, Past President, Democratic Women of Monterey County
/s/ Alan Haffa, MPC Professor
lsi Beverly Bean, President, League of Women Voters of Monterey County lsi Ronald T. Cohen, Managing Director, Public Water Now
lsi Richard Stillwell, Local Business Owner /s/ Priscilla Helm Walton, Past President, Democratic Women of Monterey County
/s/ Alan Haffa, MPC Professor


RELATED NEWS ARTICLE:
Water war: Judge orders revision to Measure O ballot language, Jim Johnson, The Monterey County Herald, 04/03/14
Highlight Excerpts:
Judge Thomas Wills ruled on Thursday that the Measure O ballot title should be changed, and several ballot arguments submitted by the initiative's proponents — Public Water Now — should be stricken or edited because they were clearly false or misleading.
On the ballot title, Wills ruled that a reference to the "Monterey Peninsula Water System Local Ownership and Cost Savings Initiative" should be stricken because there was no "absolute certainty" that passage of the initiative would result in either local ownership or cost savings. Instead, the judge ordered that the title include a description of what the initiative proposes to do, requiring the Monterey Peninsula Water Management District to adopt a policy that all water systems within its boundaries should be publicly owned, and to conduct a feasibility study and attempt to acquire Cal Am's Monterey system if it is found to be feasible.
In contrast to the ballot title, Wills said courts allow ballot arguments more leeway to include rhetoric and opinion, and let the voters decide. In that context, he ruled that many of the Measure O proponents' arguments would be allowed, including the statement that voting for the initiative would result in "lower rates and local ownership."County elections officials are slated to send ballot materials to the printer on Friday.
ADDENDUM:
Monterey Peninsula Water Management District "Water System Local Ownership and Cost Saving Initiative," Measure O (June 2014), BALLOTPEDIA

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