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

Majority Approval Required

4,580 / 62.3% Yes votes ...... 2,769 / 37.7% No votes

See Also: Index of all Measures

Results as of Dec 15 1:28pm, 100.0% of Precincts Reporting (19/19)
82.9% Voter Turnout (418,335/504,505)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall an ordinance be adopted to amend Section 3.26.180 of the Pinole Municipal Code to extend the existing Utility User Tax of eight percent for eight years, until December 1, 2012?

Impartial Analysis from City Attorney
The City Council of the City of Pinole has placed Measure P on the November 2, 2004 ballot to ask voters to consider extending the existing Utility Users Tax ("UUT") for an additional eight (8) years. Measure P would only become effective if approved by a majority of voters casting a vote on the Measure at the November 2, 2004 election.

The UUT was originally approved by a vote of the people of Pinole in 1998 and codified in Chapter 3.26 of the Pinole Municipal Code. As approved, the tax was set at eight percent (8%) of the cost of electric, gas, and telephone utility service. Utility service providers collect the tax as part of the monthly service bill and remit the proceeds to the City. As a general tax, the revenue from the UUT is placed in the City's General Fund and is available to support the provision of general municipal services. Under Section 3.26.180 of the Municipal Code, the UUT will expire six years after it initially became effective, or December 1, 2004.

The City Council placed Measure P on the ballot to ask the voters to extend the existing UUT of 8% for an additional eight years, to December 1, 2012, at which time it would terminate automatically and without further action by either the City Council or the voters of Pinole. If approved, Measure P would amend Section 3.26.180 of the Municipal Code to substitute the new termination date of the UUT. All other aspects of the UUT would remain unchanged.

Currently, the tax generates about $1.7 Million annually. This amount is approximately 17% of the City's general fund. If the tax is not approved by the voters, the City would have to implement immediate reductions in general municipal services.

By placing Measure P on the ballot, the City complies with Article XIIIC of the California Constitution (adopted by Proposition 218), which requires the voters to approve an amended ordinance, which affects amount of the tax, the manner of collection, and other related matters. A copy of the proposed ordinance is printed in the sample ballot.

The UUT extension proposed in Measure P will not become effective unless the Measure is approved by at least a majority of those voting on the Measure.

Benjamin T. Reyes II, City Attorney, City of Pinole

 
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Arguments For Measure P Arguments Against Measure P
Renewal of the Utility Users Tax (UUT) is critical to continue existing services.

Pinole citizens passed UUT in 1998 at 8% over six years. The renewal of the UUT will institute the tax at the same rate and will sunset in eight years. Citizens are assured that 100% of this tax goes to the City of Pinole!

These funds were used to fully staff public safety, including Police (17 to 26 sworn officers) and Fire (12 to 17 firefighters). The cost of providing public safety is 73% of the total General Fund Budget. The UUT generates $1.7 million or 17% of the General Fund Budget.

In addition, other improvements provided by the UUT included upgrading the 911 (police dispatch) communications system, new fire engine and ladder truck for Fire Station 73, operational costs for the Valley Fire Station 74, crime prevention, traffic enforcement and the City's first K-9 program.

Renewal of the UUT will also insure the continuation of "quality of life" services including the City's Senior Center, Youth Center, Swim Center, Cable Television, and Pinole Middle School After School programming.

The City of Pinole is one of the most fiscally conservative and efficient full service cities in the County, as determined by an independent audit. At 50 cents per citizen per day, City of Pinole services are a bargain! The UUT is needed to maintain existing services and programs. Also keep in mind, that the State of California has a budget deficit and is taking $500,000 from the City over the next two years. Join Pinole citizens in helping to maintain our property values and keeping our Pinole community safe by VOTING "YES".

Jerry L. Cates

Margie L. Doty

Tammera E. Campbell

Tom Gozzano

Mayor Peter Murray

None filed.

Full Text of Measure P
AN ORDINANCE OF THE PEOPLE OF THE CITY OF PINOLE AMENDING CHAPTER 3.26 OF THE PINOLE MUNICIPAL CODE CONCERNING THE EXISTING UTILITY USERS TAX

The People of the City of Pinole do hereby ordain as follows:

Section 1. Section 3.26.180 Amended. Section 3.26.180 of the Pinole Municipal Code is hereby amended to read as follows (with text in strikeout indicating deletion and double-underlined text indicating addition):

3.26.180 Repeal of Chapter. This chapter shall automatically be repealed on the sixth anniversary of its effective date December 1, 2012, unless amended pursuant to Section 3.26.170.

Section 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The People of the City of Pinole hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

Section 3. Election Required for Tax to be Effective. The tax proposed by this ordinance shall not become effective until approved by a majority of the voters voting on the issue at the November 2, 2004 election.

Section 4. Effective Date of Tax. If this ordinance is approved by a majority of the voters voting on the issue at the November 2, 2004 election, pursuant to Elections Code Section 9217, this ordinance shall be considered adopted on and the tax shall become effective ten (10) days after the Council certifies the results of the election.

Section 5. Publication. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published or to be posted in at least three public places in the City of Pinole in accordance with the requirements of California Government Code Section
36933.

APPROVED by the following vote of the People of the City of Pinole on November 2, 2004:

ADOPTED by Declaration of the vote by the City Council of the City of Pinole on ___________, 2004:

AYES: COUNCIL MEMBERS

NOES: COUNCIL MEMBERS

ABSENT: COUNCIL MEMBERS

ABSTAIN: COUNCIL MEMBERS

_______________________

PETER MURRAY, MAYOR, of the City of Pinole

ATTEST:

____________________________

PATRICIA ATHENOUR, DEPUTY CITY CLERK of the City of Pinole


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Created: December 15, 2004 13:29 PST
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