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Smart Voter
San Mateo County, CA November 7, 2006 Election
Measure F
Ordinance
Town of Portola Valley

Majority Approval Required

Pass: 1,944 / 86.2% Yes votes ...... 310 / 13.8% No votes

See Also: Index of all Measures

Results as of Jan 4 9:41am, 100.0% of Precincts Reporting (4/4)
Information shown below: Impartial Analysis | Arguments | Full Text

Do the People of the Town of Portola Valley adopt an ordinance that lowers the existing five and one-half percent (5.5%) Utility Users Tax levied on telephone, gas, water, and electricity, set forth in Chapter 3.32 of the Town of Portola Valley Municipal Code, to four and one-half percent (4.5%) for a period of three (3) years and five (5) months beginning February 1, 2007, through June 30, 2010?

Impartial Analysis from Portola Valley Town Attorney
This ballot measure asks whether the people of the Town of Portola Valley wish to lower the existing five and one-half percent (5.5%)Utility Users Tax levied on telephone, gas, water and electricity charges to four and one-half percent (4.5%) for a period of three years and five months, from February 1, 2007 through June 30, 2010, at which time the tax will revert to five and one-half percent (5.5%).

A "Yes" vote means the voter is in favor of reducing the Utility Users Tax to four and one-half percent (4.5%).

A "No" vote means the voter is not in favor of reducing the Utility Users Tax.

In order for the tax to be reduced to four and one-half percent (4.5%), the ballot measure must be approved by more than fifty percent (50%) of the voters voting on the measure.

The proceeds from the Utility Users Tax are deposited into the Town's General Fund and are expended for general governmental purposes, including, but not limited to, the maintenance of streets, parks, trails and drainage structures. If the ballot measure does not receive a favorable majority vote, the five and one-half percent (5.5%) Utility Users Tax will continue to be levied and collected at a rate of five and one-half percent (5.5%).

This ballot measure does not affect the Town's second Utility Users Tax, a two percent (2%) Utility Users Tax on telephone, gas, water and electricity charges, the proceeds of which are deposited into the Town's restricted Open Space Fund.

/s/ Margaret A. Sloan Portola Valley Town Attorney

The above statement is an impartial analysis of Measure F. If you desire a copy of the Measure, please call the Town Clerk's Office at 650/ 851-1700 (ex. 10), and a copy will be mailed to you at no cost. A copy of the Measure may also be found at http://www.portolavalley.net.

 
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Arguments For Measure F Arguments Against Measure F
In November 2005, the voters of Portola Valley renewed the appropriations limit for the utility users tax (UUT). The UUT has been a core component of the Town's budget since 1985. The UUT has two parts: a 2% charge on utility bills to fund the acquisition of open space, and another 5.5% charge to pay for essential Town services including law enforcement, road maintenance, and building and planning services. The necessity for the UUT stems in part from historically low proceeds from property tax revenues. Under a formula established at the time of incorporation in 1964, the Town has annually received only 4% of the taxes collected by San Mateo County from Portola Valley property owners. Last year the Town launched an effort to compel San Mateo County to disburse a larger share of the property tax to the Town, and late last year the County agreed that under state law the Town was entitled to receive 7 percent of the property tax. This adjustment allows the voters now to reduce the UUT for Town services from 5.5% to 4.5% without net loss of income. The 2% UUT for open space acquisition is unchanged. In addition to this proposed reduction in the tax rate for Town services, the Town will no longer collect the UUT on cell phone bills. The fluid regulatory and legal environment surrounding telecommunications has raised questions about the applicability of the tax to cell phone usage, and the Town deems it best to resolve this ambiguity in favor of its residents.

Portola Valley has a strong record of fiscal stability, and this reduction in the UUT is in keeping with the Town's tradition of prudent management of revenues and expenditures. We invite the voters to approve Measure F on November 7.

/s/ Steve Toben August 13, 2006 Mayor

/s/ Gary Nielsen August 16, 2006 Former Mayor

/s/ Ted Driscoll August 14, 2006 Vice Mayor

/s/ Michele Takei August 16, 2006 Chair, Finance Committee

No Arguments Were Submitted Against Measure F

Full Text of Measure F
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY AMENDING CHAPTER 3.32 [TELEPHONE, GAS,WATER AND ELECTRICITY USERS' TAX] OF TITLE 3 [REVENUE AND FINANCE] OF THE PORTOLA VALLEY MUNICIPAL CODE WHEREAS, the Citizens of the Town of Portola Valley ("Town")wish to reduce the 5.5% Utility Users Tax imposed on users of telecommunications, gas and water to 4.5%. NOW, THEREFORE, the Citizens of the Town of Portola Valley do ORDAIN as follows:

1. ADDITION OF CODE. Section 3.32.075 [Reduction in General Tax] is hereby added to Chapter 3.32 [Telephone, Gas,Water And Electricity Users' Tax] Of Title 3 [Revenue And Finance] of the Portola Valley Municipal Code to read as follows:

3.32.075 Reduction in General Tax. The five and one-half percent (5.5%) taxes imposed on telephone users set forth in Section 3.32.040, electricity users set forth in Section 3.32.050, gas users set forth in Section 3.32.060, and water users set forth in Section 3.32.070 are each reduced to four and one-half percent (4.5%) for a period of three (3) years and five (5) months beginning February 1, 2007 through June 30, 2010.

2. ENVIRONMENTAL REVIEW. This Ordinance is not a project for the purposes of the California Environmental Quality Act.

3. EFFECTIVE DATE. The effective date of this Ordinance shall be ten (10) days after the date when the Town Council declares the results of the election at which the Ballot Measure regarding this Ordinance is adopted by a majority vote of the electors voting on the Measure. The reduction of the Utility User's Tax shall not occur until February 1, 2007.


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Created: January 4, 2007 09:42 PST
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