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LWV League of Women Voters of California Education Fund
Smart Voter
Alameda County, CA November 2, 2004 Election
Measure V
Utility Users Tax
City of Fremont

27,702 / 44.7% Yes votes ...... 34,247 / 55.3% No votes

See Also: Index of all Measures

Results as of Dec 15 1:28pm, 100.0% of Precincts Reporting (115/115)
Information shown below: Impartial Analysis | Arguments |

To help preserve the safety and character of Fremont, with a priority on funding essential services such as police, fire and street and park maintenance (as well as other general city services), shall an ordinance be adopted to establish a utility users tax that cannot ever exceed 6%, and establish an independent Fremont taxpayers committee to oversee the expenditure of these funds and advise the City Council as reductions become possible?

Impartial Analysis from City Attorney
Measure V seeks voter approval of a Utility Users Tax Ordinance at a rate of no greater than 6% of utility charges for the following types of utilities: telephone (wired and wireless), electricity, natural gas, water, sewer, and video (e.g., cable television). If the 6% maximum tax rate is approved by the voters, the Ordinance authorizes the City Council to reduce the tax rate for particular classes of taxpayers (such as low income taxpayers, or particular classes of businesses), or to reduce the tax rate for particular types of utilities. The Ordinance also requires the Council to review the tax revenues on an annual basis to determine whether to modify any such tax rate reductions.

Approval of Measure V also provides for the establishment of an independent Fremont taxpayers committee (the "Utility Users Taxpayers Oversight Committee") to review the amounts of revenue generated by the tax, review how the revenue is used by the City, and make recommendations to the City Council regarding the use of the tax revenues and the establishment of reductions to the tax.

If Measure V is approved by a majority of the voters, the revenue generated by the Ordinance will be placed in the City's General Fund and used for the general governmental purposes of the City, which include essential services such as police, fire, and street and park maintenance. In general, the Ordinance provides for the tax to be paid as a part of regular utility bills. However, the Ordinance also provides an option of paying the tax directly to the City, for direct purchasers of electricity, natural gas, or water. The Ordinance specifies penalties and interest on delinquent tax payments, appeal procedures for resolution of disputed taxes, and refund procedures for overpaid taxes. The City's Finance Director is authorized to enforce the Ordinance, and to issue administrative regulations consistent with the Ordinance. Administrative regulations may be issued in order to interpret and clarify the Ordinance, and to address changes in a utility's billing methods, or to address changes in state or federal law. For example, if federal law (which currently prohibits taxation of satellite television) changed, an Administrative regulation could be issued to allow a utility users tax on satellite television (as a "video" service).

The Ordinance was introduced by the City Council on July 13, 2004, and adopted by the City Council on July 27, 2004, subject to voter approval.

The above statement is an impartial analysis of Measure V, and the proposed Utility Users Tax Ordinance No. 26- 2004. The definition of each utility service, and a description of how the tax is calculated and collected, is more particularly described in the Ordinance. If you desire a copy of the Ordinance, you may contact the City Clerk's Office (at: 3300 Capitol Avenue, Bldg. A, Fremont, California 94538; phone (510) 284-4060; or e-mail; cclerk@ci.fremont.ca.us), and a copy will be mailed at no cost to you.

s/HARVEY E. LEVINE City Attorney

  Official Information

City of Fremont's Web page on Measure V
Events

Click here then "Cable Programs" for Schedule of Cable Broadcasts of Interview of David Millican, Interim City Manager, Fremont by Alex Starr, co-President, League of Women Voters Fremont-Newark-Union City
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Arguments For Measure V Arguments Against Measure V
Police. Fire. Park Rangers. Street Maintenance.

They all help make Fremont a safe, clean place to live and raise a family.

Fremont's safety and appearance are now threatened. Budget cuts in essential community services have been made because the City's revenue has dramatically dropped over the last three years. Seizure of your local revenue by the state over the last dozen years exceeds $130,000,000, dangerously reducing our ability to pay for critical public safety services. We have far fewer police officers to respond to crime and other police calls, and to investigate, prevent and solve crimes. We have one less fire station, increasing response time when there is an emergency. Another station is closed periodically when there are not enough firefighters on duty to staff all the stations, making it even harder to respond to emergencies. All other city services have been reduced far more than these most critical services.

Fremont needs a locally controlled revenue source to restore essential public safety and maintenance services. The City Council is unanimous in asking Fremont voters to approve a Utility Users Tax so that we can provide adequate police officers, firefighters and properly maintain our streets and parks. Your property values, well being, personal and property safety, and maintenance of your streets and parks are all at stake.

Over 150 cities in the state of California have a Utility Users Tax.

The rate can never go above 6% and can be lowered at any time.

A Fremont Taxpayers Committee will be established to assure the funds are spent wisely and according to the wishes of the voters in the city.

For an average cost of only $15.78 per month, the city can look forward to a bright future. Vote YES to support the safety and maintenance of your community.

The Fremont City Council by

s/GUS MORRISON Mayor

s/CRAIG T. STECKLER Chief of Police

s/DANIEL T. LYDON Fire Chief (Retired)

s/JAMES L. REEDER, JR President, Glenmoor Realty, Inc.

s/GARRETT S. YEE Past President, Citizens for Better Community

Rebuttal to Arguments For
A users tax on water and other basic utilities is as objectionable as a tax on groceries _ perhaps that is next. This tax is not the solution to Fremont's money problems. If anything it will hurt low income families and businesses that don't need any other financial burdens placed upon them.

The utility users tax will produce $24 million per year, while Fremont budget shortfall is only $8 million for two years. When will they stop the tax? Answer _ Never, it is a new source of money for the bureaucrats.

None of the other cities in southern Alameda County have a utility users tax. Why can they get along without one, but Fremont can't?

If there is a tax it should be spent on upgrading our utility services _ not going into the Fremont's general fund to be spent on any pet project the city council members or staff want.

Vote NO on Measure V.

s/JONELLE ZAGER Former Councilwoman

s/RICHARD AHERN Vice President, Waste Watchers Inc.

s/JOHN H. WEED

s/DR. RAKESH SHARMA City Council Candidate

s/KENNETH D. STEADMAN Former City Councilman

Who do we blame for today's fiscal disaster in Fremont? Should we be the ones to have to pay for this? We citizens have simply been robbed by State politicians for many years now. Of every tax dollar taxpayers pay in local taxes, the State "Tax and Spenders' return only 15 cents. The city comes to us for more money because, the State steals more and more. Does a bank expect its depositors to replenish the bank's funds that were stolen by bank robbers? Yet that is exactly what our State Legislature is doing to us all across California. When is enough, enough?

The State Legislature could be summed up in a few short phrases: "If it moves, Tax it." "If it keeps Moving, Regulate it," "if it stops Moving, Subsidize it!" Our State Legislature "steals" our Tax Money, and the cities are forced to ask for more local money in the form of "Utility Taxes"! This is a classic definition of Socialism, and we know that Socialism has failed miserably. "Those who feed out of the public trough are rapidly consuming those who fill the trough!"

This is something that Fremont city officials knew was coming. Yet Fremont continued to negotiate labor contracts with benefits richer than surrounding cities. These richer retirement benefits and pay packages mean higher escalating expenses to the taxpayers of Fremont. Since Proposition 13 passed in 1978, the "Tax and Spenders" have tried everything in the book to get around it. A "Utility Tax" is another "Scam"!

WOULD YOU DO BUSINESS WITH A LOAN SHARK? THAT IS EXACTLY WHAT WE WILL BE DOING IN FREMONT IF WE PASS THE PROPOSED "UTILITY TAX" THIS NOVEMBER! VOTE "NO" ON MEASURE V, and tell the bank robbers in the Capitol dome we will no longer accept their failures!

WASTE WATCHERS, Inc.

s/KENNETH D. STEADMAN President, Waste Watchers Inc.

s/RICHARD AHERN Vice President, Waste Watchers Inc.

Rebuttal to Arguments Against
The argument against Measure V clearly asks the important question, "Who is to blame..?" for our current fiscal crisis. The STATE has taken more than 130 million dollars from Fremont in the last 12 years. If we had that money, we would be the financially efficiently run City that we always have been. We have been forced to reduce our public safety and maintenance services to a level that threatens our well being as a city and as residents.

Blaming the State is correct and truthful. But, there is nothing for our residents to gain by jeopardizing Fremont's future because the State failed us. Measure V is a local source of revenue that cannot be taken away by the state. We will have a Taxpayers Committee to assure funds are spent as promised and that can recommend reductions in the tax. It would be the only source of revenue completely within our control. We have fewer police officers today than we had in 1991 and we've had a population increase of over 33,000, almost 3/4 the population of Newark. We have closed a fire station and a second is closed when there are too few firefighters on duty to minimize overtime costs. We have had to defer critical street maintenance that will damage our roads. We are not asking for MORE, we are simply asking to restore some of what was lost. Vote for the future safety of our City. VOTE YES ON MEASURE V.

s/SANDI PANTAGES Fremont Librarian, retired

s/YOGESH CHUGHI Fremont Library Advisory Commission Member

s/JACK ROGERS Retired Maintenance & Recreation Director

s/BERNADETTE BOCOBO CHINN Community Emergency Response Team and Police Dept. Volunteer

s/GUS MORRISON Retiring Mayor of Fremont


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Created: December 15, 2004 13:28 PST
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