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LWV League of Women Voters of California Education Fund
Smart Voter
Monterey County, CA November 4, 2008 Election
Measure E
Repeal of Utility Tax Law
City of Seaside

Majority Approval Required

Fail: 3,439 / 43.05% Yes votes ...... 4,550 / 56.95% No votes

See Also: Index of all Measures

Results as of November 26 3:26pm, 100.00%% of Precincts Reporting (10/10)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall Chapter 3.30 of the City of Seaside Municipal Code, known as the utility tax law, that was approved by Seaside voters on November 5, 2002 to maintain revenues for city services, such as police, fire, parks maintenance and street repairs in Seaside, be repealed effective as of July 1, 2009?

Impartial Analysis from The City Attorney
The initiative measure proposes to repeal the City of Seaside's Municipal Code Chapter 3.30 entitled "Utility Tax Law of the City" July 1, 2009.

Chapter 3.30 currently places a utility user tax on persons who receive and pay for electricity, gas, telephone, water and cable television service within the City with the exception of persons sixty-five years of age or older or persons with a qualified disability. The tax is a percentage of the charges for these utilities and is currently assessed at the rate of 6%. Revenue from the tax is currently used for the general governmental purposes of the City of Seaside.

If this measure is approved by voters, the tax will be repealed effective July 1, 2009. Approval of the measure will result in reducing the amount of revenue available to the City for general government purposes.

/s/DONALD G. FREEMAN
  City Attorney
  City of Seaside

  Partisan Information

Yes on E

News and Analysis

Monterey County Herald

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Arguments For Measure E Arguments Against Measure E
We need a tax cut! Prices are rocketing. Utilities are going up. Citizens have to tighten their belts to survive. Well, if citizens must do a round of belt-tightening, so should our government.

City salaries are out of control. In 2006, 16 public employees received compensation over $100,000. In 2007, this number increased dramatically to 39. Further, after 30 years most city employees can retire with 90 percent of their top pay, with inflation adjustments, for life. The more money you pay in taxes, the more they make

As taxpayers, we have little power to reduce federal or state income tax rates. Nor do we have much control over state sales tax rates, the hidden tax of inflation, or property taxes. But we can repeal the 6% Seaside utility tax that, according to former Mayor Lance McClair, was supposed to be temporary.

Utility user taxes are regressive because they take a higher percentage of income from low income families than from high. They also discourage city government from supporting lower rates or free services like wireless Internet.

Passed by the Seaside City Council in 1983, the 6% utility tax has arguably never been voter-approved. Only 31% of California cities have utility taxes. Local voters have already indicated their opposition to taxes on utilities. In November of 2004, Seaside city voters defeated a special statewide utility tax by a 57 to 41 margin.

Beware of scare tactics: vital services will NOT be cut. They are constitutionally protected as the first priority of city government. California State Constitution (article 13, section 35) states that if a municipality has to make budget cuts, the last place must be public health and safety (meaning firemen and policemen).

Repeal the 6% utility tax. Vote YES on E. See list of tax-supported salaries at http://www.SeasideTaxpayers.org

Eugene L. Lee
Chairman, Seaside Taxpayers Association

Rebuttal to Arguments For
FACT: Seaside has always had to "tighten its belt" in order to do more with less. In spite of that, the City has made great progress in the last 10 years, surviving the closure of the former Fort Ord, numerous economic downturns, and the seemingly never ending California state budget crisis. Vote NO on E.

FACT: Seaside voters affirmed and approved their desire for UUT funding in November 2002, as a permanent, guaranteed, local revenue source to provide services IN Seaside.

FACT: Seniors and the disabled have always been exempt from paying the UUT. Vote NO on E.

FACT: Taxpayers directly benefit from the investment of the UUT in their own community and can hold their own City Council accountable for how it uses taxpayer dollars.

FACT: Seaside police officers, firefighters and other community service providers are paid fairly - they are not the highest paid and not the lowest paid in comparison to their counterparts in other cities of similar size. Do you want the lowest paid and least qualified police officers and firefighters responding to YOUR family emergency? Of course not! Vote NO on E.

FACT: Public Safety IS the first priority; however, the Police and Fire Departments receive 67% of the City's budget, so it is unrealistic to cut $2.7 million from the budget without reducing the level of service provided to our community. Measure E eliminates 12 Seaside Firefighters and 7 Seaside Police Officers.

Save Seaside Services! Vote NO on E.

/s/Ralph Rubio Mayor of Seaside

/s/Dennis Alexander Seaside Councilmember

/s/Jorge Enriquez Seaside Police Offices Association President

/s/Alice Jordan Seaside Supporter

SAVE SEASIDE SERVICES - Vote NO on E!

FACT: Measure E cuts nearly $3 Million from Seaside's General Fund budget, which pays for police and fire services. Our population has grown, while the number of police officers and firefighters has remained the same. Measure E reduces the police officers and firefighters needed to fight crime, gangs and drugs and respond to medical emergencies. Protect Public Safety -Vote NO on E

FACT: With the state facing a multi-billion dollar budget deficit, the Governor has proposed devastating cuts and money grabs to cities like Seaside - Vote NO on E

FACT: Seaside voters overwhelmingly approved the utility users revenue in 2002 to maintain a locally-controlled funding source. Every penny of this funding goes to work right here in Seaside - NOT in Washington or Sacramento. Maintain Local Control - Vote NO on E

FACT: Senior citizens do not have to pay the utility users tax if they fill out a simple form. If Measure E passes, senior services will be reduced. Protect Senior Services - Vote NO on E

FACT: Seaside voters overwhelmingly approved Measure R less than a year ago to increase public safety, street repairs and senior services to improve their neighborhoods. Essential community services will be significantly reduced if Measure E passes, including the:

  • Reduction of up to 12 Seaside firefighters
  • Reduction of up to 7 Seaside police officers
  • Reduction in police patrols, anti-gang, anti-drug, and crime prevention activities
  • Reduction in park maintenance services such as litter and trash removal, and playground equipment/park bench repairs
  • Reduction in sidewalk construction and pothole repairs
  • Reduction in services for Seaside kids and seniors

Measure E is a huge step backward for Seaside - Join your neighbors, police officers, firefighters, and senior citizens - Vote NO on E

/s/Ralph Rubio
Mayor of Seaside

/s/Dennis Alexander
Seaside City Councilmember

/s/Paul Blaha
President, Seaside Firefighters Association

/s/Jorge Enriquez
President, Seaside Police Officers Association

/s/Alice Jordan
Seaside Supporter

Rebuttal to Arguments Against
FACT: In the opinion of a legal expert, the utility tax would likely be defeated in court if challenged. According to the law, the Seaside utility tax had to be voter-approved two years after the effective date of Prop. 218, which passed in 1996. This never occurred. A legal challenge would be costly to the city, especially if the result requires the city to refund taxpayers.

FACT: In the election of 2002, Measure T required 66.6% to be enacted, but garnished only 56% and so failed. Measure S, a competing measure, also lost (47% to 53%). At no time was a 66.6% vote reached. The utility tax has never been voter approved.

FACT: According to Prop 1A (Protection of Local Government Revenues, approved by voters in 2004), the state of California can no longer arbitrarily raid local coffers. Per the California Attorney General, the proposition "requires local sales tax revenues to remain with local government" and "prohibits the State from reducing local government's property tax proceeds."

FACT: Government waste is ubiquitous. High salaries and ridiculously plush pensions indicate a spending addiction. For years, city officials have spent wildly without regard for those who must pay the bill. As the old adage goes -- giving more money to politicians to fix a problem is like trying to fill a water bucket full of holes.

Don't be fooled by over-spending politicians. Save over $2 million annually for taxpayers. Vote YES on Measure E. See http://www.SeasideTaxpayers.org.

/s/Eugene L. Lee
Chairman, Seaside Taxpayers Association

Full Text of Measure E
AN ORDINANCE AMENDING THE SEASIDE MUNICIPAL CODE, REPEALING CHAPTER 3.30, UTILITY TAX LAW, EFFECTIVE JULY 1, 2009

THE CITY COUNCIL OF THE CITY OF SEASIDE DOES ORDAIN AS FOLLOWS:

Section 1. FINDINGS AND PURPOSES

A. The purpose of this Ordinance is to repeal Section 3.30 of the Seaside Municipal Code, entitled "UTILITY TAX LAW," effective JULY 1, 2009.

Section 2. AMENDMENT OF CHAPTER 3.30 OF THE SEASIDE MUNICIPAL CODE

The City of Seaside Municipal Code Chapter 3.30 is hereby repealed effective, July 1, 2009.

Section 3. SEVERABILITY

A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the 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.

B. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid or unenforceable.

Section 4. EFECTIVE DATE

This Ordinance shall take effect on July 1, 2009 following its confirmation by the voters in an election to be held on November 4, 2008.

Section 5. POSTING

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be posted as required by law. Ordinance No.

PASSED AND ADOPTED by the City Council of the City of Seaside this _____ day of _________________, 2008, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Ralph Rubio, Mayor

ATTEST:

________________________________
City Clerk


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