Pass: 1234 / 85.93% Yes votes ...... 202 / 14.07% No votes

See Also: Index of all Measures

Meaning of Voting Yes/No

A YES vote on this measure means:

A "yes" vote on Measure A enacts an ordinance continuing and ratifying the City's existing 5.5% Utility Users Tax.

A NO vote on this measure means:

A "no" vote will result in the tax being collected at the reduced rate of 3.5% and the loss of approximately $1 million in annual tax revenue.

A "no" vote retains outdated definitions of what telephonic services can be taxed resulting in loss of additional tax revenues over time as technological advances replace traditional telephone services.

A "no" vote also retains liability to the City for the refund of taxes previously collected.

The Utility Users Tax was adopted by the City Council as a general tax in 1984 at a rate of 3.5% increased to 4.5% in 1992, and to 5.5% in 1993, and has been collected by the City ever since. General taxes are not limited to a specific purpose, but are used for general city functions, such as police, fire, recreation, child care and street and park maintenance. Currently, the Utility Users Tax raises approximately $2.4 million per year in tax revenues.

The Measure is proposed in response to a California Supreme Court decision that subjects that portion of the Utility Users Tax above 3.5% to a risk of legal challenge as long as the tax is collected without voter approval. In 1986 the voters of the State of California adopted Proposition 62 requiring voter approval for tax increases. The Utility User Tax of 3.5% enacted in 1984 is unaffected since adoption of that portion of the tax by the City predates passage of Proposition 62. When the City Council subsequently increased the tax in 1992 and 1993 to the present rate of 5.5%, the City did so in reliance on court decisions holding Proposition 62 to be unconstitutional and that general taxes could be adopted by cities without a vote of the people. Subsequently, the California Supreme Court overturned those earlier decisions and held that general taxes require voter approval. The city Council has proposed this measure to allow the voters the opportunity to ratify the past collection of the tax and approve its continued collection at the existing rate of 5.5% in the future.

The Ballot measure also updates the existing ordinance to modernize definitions and make other revisions to the method of calculating and collecting the tax to reflect technological advances and changes in federal law. Tax collections and expenditures wil be subject to an annual audit by independent auditors.

A "yes" vote on Measure A enacts an ordinance continuing and ratifying the City's existing 5.5% Utility Users Tax. A "no" vote will result in the tax being collected at the reduced rate of 3.5% and the loss of approximately $1 million in annual tax revenue. A "no" vote retains outdated definitions of what telephonic services can be taxed resulting in loss of additional tax revenues over time as technological advances replace traditional telephone services. A "no" vote also retains liability to the City for the refund of taxes previously collected. The Ballot Measure will be adopted if it is approved by a majority of the voters voting on the measure.

Oakland Tribune

• Election to decide future of utility tax; Revenue helps pay for Emeryville police, parks, fire protection, streets
  Continuing utility tax up for Emeryville vote - 11/03/2007

Since 1984, the City has used its utility users tax (UUT) to fund essential services such as parks, police, fire and emergency programs. Over the past 23 years, communications technology has changed and recent court rulings clarified that voter approval was required for any changes to the UUT.

To keep pace with technology advances, and comply with the law, the City must modernize and ratify the existing utility users tax + with no rate increase + so taxpayers are treated the same regardless of the technology used today.

Measure A is not a new tax, and the rate will not increase. Measure A simply updates and continues the existing UUT.

Yes on A allows Emeryville to continue to provide programs and services for local children, adults and seniors that improve our quality of life in Emeryville.

Revenues from the UUT are used to maintain parks, fund police/fire/emergency services, improve programs for children and families, upgrade flood protection and storm drains, remove litter and graffiti, and fund other important City services.

Quality open space and parks for our children and residents make Emeryville a livable community. The revenue from the existing UUT provides funding for city parks + including maintenance at Marina Park, Stanford Avenue Park and Temescal Creek Park + and for police, fire and emergency services.

Your YES on A vote helps ensure Emeryville remains a quality community.

Vote YES on A.

s/ Nora Davis
Mayor

s/ John Fricke
Councilmember

s/ Richard L.Kassis
Councilmember

s/ Ruth Atkin
Vice-Mayor

s/ Ken Bukowski
Councilmember

(No arguments against Measure A were submitted)