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LWV League of Women Voters of California Education Fund
Smart Voter
Contra Costa County, CA November 2, 2004 Election
Measure S
Utility Users Tax
City of San Pablo

Majority Approval Required

3,549 / 72.3% Yes votes ...... 1,357 / 27.7% No votes

See Also: Index of all Measures

Results as of Dec 15 1:28pm, 100.0% of Precincts Reporting (8/8)
82.9% Voter Turnout (418,335/504,505)
Information shown below: Impartial Analysis | Arguments |

Shall Ordinance No. 2004-013 be enacted to reduce the City's existing Utility User's Tax rate from eight percent to seven percent, amending and modernizing the existing ordinance, providing gas, electric and water exemptions for low income San Pablo residents, providing for equal application of such tax on telephone communication and television services, and making other changes to deal with utility deregulation and changes in the law?

Impartial Analysis from City Attorney
This measure, if approved by more than 50% of the voters casting votes in this election, will enact Ordinance 2004-013, revising Chapter 3.40 of the San Pablo Municipal Code, the City's Utility User's Tax Ordinance. This general tax was first imposed in 1983, and currently sets forth a tax rate of eight percent (8%). This measure would amend and modernize the City's Utility User's Tax, and decrease such tax rate to seven (7%) percent. The current ordinance imposes the tax on utility bills for gas, electric, cable television, water and telephone services. Under this measure, the City will collect the tax on gas, electric, water, telephone and video services.

In addition to lowering the tax rate, this measure would formally provide for financial hardship exemptions from the tax for low income San Pablo residents, for the "life necessity" utilities of gas, electricity and water, should the East Bay Municipal Utilities District agree to collect the tax on behalf of the City. Such exemptions are not currently set forth in the existing ordinance.

The measure makes changes in definition sections to correspond to new technology and changes in state and federal law. Currently, for example, all cellular phone providers except one have agreed to collect the tax. The ordinance amends the code so that all cell phone and other telephone providers must collect the tax on all intrastate, interstate and international phone calls. The cable television bill tax would be assessed on other video providers as well, including satellite television services. Such changes require that the amended ordinance be placed on the ballot pursuant to Proposition 218.

The reduced tax will continue to be collected from the utility companies. Should the utility fail to pay the city in a timely fashion, penalties and interest will be assessed. The city's tax administrator may conduct audits to determine compliance with the chapter. Overpaid taxes will be refunded. Anyone may appeal the assessment of his or her tax.

This reduced tax may not be increased or extended without a vote of the people, but the City Council may otherwise amend the ordinance without a popular vote. The utility user's tax is a general tax whose proceeds go into the City's General Fund and whose uses are not restricted to a particular purpose.

The above statement is an impartial analysis of Measure S. If you desire a copy of the ordinance, please call the city clerk at 215-3000 and a copy will be mailed at no cost to you, or you may view the ordinance on-line at http://www.ci.san-pablo.ca.us.

Brian M. Libow, San Pablo City Attorney

 
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Arguments For Measure S Arguments Against Measure S
Vote Yes on Measure S

The primary purpose of this measure is to reduce the existing Utility Users Tax rate from 8% to 7%, while modernizing the ordinance to keep up with emerging technologies. This tax will continue to provide the necessary revenue to fund the Recreation Programs of the City that include our Senior Centers, our after school recreation programs and summer recreation programs and the many services provided by the San Pablo Police Department. For the first time, certain qualified low-income residents will be formally exempted from the tax.

The Utility Users Tax generates 19% of the City's operating revenues and is critical to maintaining the services that are currently provided to the residents of our community. The council will likely consider a further reduction to this tax in the future should additional revenues become available.

We know that the City of San Pablo is one of the most fiscally conservative and efficient, full-service cities in Contra Costa County. We are sensitive to the plight of the tax payer and believe that this measure is in keeping with that philosophy. Please join other San Pablo Citizens in helping to maintain our property values and keep our community affordable, safe, and secure for all of our residents.

Vote YES on Measure S

Barbara Vigil, Mayor, City of San Pablo

Janet Klein, Member, Safety Committee

Hector Rojas, Resident

M.A. Khan, Member, Safety Committee

Beverly Thiele, Member, San Pablo Community Foundation

None filed.


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Created: December 15, 2004 13:29 PST
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