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Oakley, California, Utility Users Tax, Measure E (November 2016)

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Local ballot measure elections in 2016

Measure E: Oakley Utility Users Tax
LocalBallotMeasures Final.png
The basics
Election date:
November 8, 2016
Status:
Defeatedd Defeated
Topic:
Local utility tax and fees
Amount: 3.5 percent
Expires in: Never
Related articles
Local utility tax and fees on the ballot
November 8, 2016 ballot measures in California
Contra Costa County, California ballot measures
City tax on the ballot
See also
Oakley, California

A utility users tax was on the ballot for Oakley voters in Contra Costa County, California, on November 8, 2016. It was defeated.

A yes vote was a vote in favor of establishing a 3.5 percent utility users tax on electricity, water, sewer, gas, and cable-television services.
A no vote was a vote against establishing a 3.5 percent utility users tax on electricity, water, sewer, gas, and cable-television services.

Election results

Measure E
ResultVotesPercentage
Defeatedd No8,73767.05%
Yes 4,294 32.95%
Election results from Contra Costa County Elections Division

Text of measure

Ballot question

The following question appeared on the ballot:[1]

To maintain and enhance essential City services, such as fire protection and emergency medical response services, shall an Ordinance be adopted to enact a three and one-half percent (3.5%) utility users tax on electricity, water, sewer, gas, and cable television to raise approximately two million dollars on an annual basis?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Oakley City Attorney:

Measure E asks whether voters of the City of Oakley wish to pay a utility users tax of 3.5% on electricity, water, sewer, gas, and cable-television services. A utility users tax is a tax levied on each user of a utility within the City’s boundaries.

Measure E was placed on the ballot by a unanimous vote of the Oakley City Council. If approved, the utility users tax would generate about $2 million in new tax revenues annually. These revenues would go into the City’s general fund, which would mean they could be spent for any public services the City provides.

Measure E requires approval of a majority of voters (more than 50%). A “Yes” vote means the voter favors the City collecting the utility users tax; a “No” vote means the voter does not favor the tax being collected.

A companion measure on this ballot, Measure G, asks Oakley voters whether they desire that revenues from the utility users tax (if approved) be spent to enhance fire and emergency medical response services within their city. If Measures E and G both pass, voters would effectively request that the Oakley City Council each year allocate the utility users tax revenues to fire and emergency medical services. If Measure E passes, but Measure G does not pass, the utility users tax would still be collected; however, voters would effectively express an intent that the City Council use the tax revenues for services other than fire and emergency medical response.

If voters approve Measure E, the utility users tax would be collected by utility service providers and computed on the basis of monthly usage and service charges. The tax would not be imposed on schools, special districts, the City, or any party that would be exempt from the tax under federal or state law. Low-income households (which would be defined based on income thresholds to be established by the City Council) would also be exempt from the obligation to pay the tax.

Measure E requires formation of a citizen review board, appointed by the Oakley City Council, to recommend how utility tax revenues should be expended and to monitor such expenditures. If tax revenues are used for fire service, Measure E directs that the East Contra Costa Fire Protection District (ECCFPD) reimburse any persons that live within the Cypress Lakes Community Facility District for any annual fire tax or assessment they pay.

Measure E also contains a “sunset” clause. It directs that if the share of property taxes to the ECCFPD is increased so as to provide that District additional funding for any services the utility users tax covers, the City Council shall repeal the tax.[2]

—Oakley City Attorney[3]

Full text

The full text of the measure is available here.

Support

Supporters

The following individuals signed the official argument in favor of the measure:[3]

  • Meghan L. Bell, Oakley resident, mother, special-needs advocate, and community volunteer

Arguments in favor

Official argument

The following official argument was submitted in favor of the measure:[3]

Vote YES on Measure “E” to maintain services critical to Oakley and the surrounding communities.

Measure “E” could provide much needed funding to address a CRITICAL crisis we are experiencing with fire services in East Contra Costa County. Existing funding for the Fire District is only able to open and operate 3 fire stations, covering 249 sq. miles, putting you and I, and our loved ones, in great danger. A recent master plan analysis indicates that we need at least 9 fire stations in the District to provide a basic level of fire and emergency medical response services.

The current limitation of having only 3 stations open has resulted in response times that are over 12 minutes! This is completely unacceptable and more stations are needed to serve our community. The American Heart Association’s scientific position is that brain death and permanent death start to occur in 4–6 minutes after someone experiences a heart attack. Studies show that a person’s chances of survival are reduced by 7%–10% with every minute that passes without defibrillation and early support intervention. Few attempts at resuscitation succeed after 10 minutes.

Measure “E” and Advisory Measure “G” will bring relief to this crisis situation and they need your support in order to protect our community – please vote YES.

[2]

Opposition

Opponents

The following individuals signed the official argument against the measure:[3]

  • Harold E. Bray, East County Chairperson, Contra Costa Taxpayers Association
  • Jack Weir, President, Contra Costa Taxpayers Association

Arguments against

Official argument

The following official argument was submitted in opposition to the measure:[3]

This measure purports to fund the East Contra Costa Fire District (ECCFPD), but does not even mention the district, nor does it bind or legally require the City to fund the ECCFPD. This regressive Utility User Tax:

  • Will impose an average household tax of $200 to $400+ and business tax of up to $1000 or more annually; it is clearly unaffordable for many residents.
  • Is a general purpose “slush fund” tax for the City of Oakley, masked on the bills of the targeted utilities – cable television, electricity, gas, water and sewer.
  • Will generate revenues that will be deposited into the CITY OF OAKLEY GENERAL FUND for any use the city determines is necessary for its own needs.
  • Will not force the city to negotiate a promissory agreement with ECCFPD nor annually fulfill its promise to fund the Fire District; the fire district’s budget forecasts will be unreliable.
  • Is designed to avoid the 2/3 vote requirement of other tax measures tried in the past by the ECCFPD, which failed.
  • Will burden all residences, businesses, non-profits, and other types of organizations within the city, damaging the economy.
  • Will be dependent on the city’s financial condition, and on the city council’s judgment and desire to satisfy their own perceived needs before it funds the fire district.
  • The Contra Costa Taxpayers Association strongly recommends a NO vote on this tax.

[2]

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the governing officials of Oakley, California.

Recent news

The link below is to the most recent stories in a Google news search for the terms Oakley Local utility tax and fees. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Footnotes

  1. Contra Costa County Clerk, "November 8, 2016, Local Measures," accessed October 21, 2016
  2. 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. 3.0 3.1 3.2 3.3 3.4 Contra Costa County Elections Division, "Measure," accessed October 21, 2016