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Smart Voter
Santa Clara County, CA November 3, 2009 Election
Measure B
Utility Users Tax Update
City of Cupertino

Majority Approval Required

Pass: 7,978 / 75.97% Yes votes ...... 2,523 / 24.03% No votes

See Also: Index of all Measures

Results as of Nov 9 3:01pm, 100.0% of Precincts Reporting (33/33)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

Without increasing the tax rate, shall an ordinance be adopted to update Cupertino's existing telephone utility users tax, to fund general city services, including neighborhood police patrols, library services, city streets, parks and open spaces, senior programs, and school crossing guards, while maintaining senior citizens' tax exemptions, retaining local control of revenues, requiring annual audits and public expenditure reviews, by amending language for consistency with current practice?

YES
NO

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote for Measure B is a vote in favor of adopting the amended UUT ordinance.

A NO vote on this measure means:
A "no" vote against Measure B will reject the proposed amendments to the UUT Ordinance, and continue the UUT in its present form.

Impartial Analysis from the City Attorney
Summary: Measure B is proposed by the Cupertino City Council to update the City's existing Utility Users Tax ("UUT") language to be consistent with current practice. The current tax rate of 2.4% will remain the same and the senior citizen exemption for Cupertino residents age 65 or older will continue. The proceeds of the UUT can only be spent on City services and cannot be taken away by the State.

Background: The UUT is levied on utility users in the City. The City has imposed the UUT on telecommunication services since 1990. Measure B will not increase the current rate of 2.4%. UUT revenues are paid into the City's general fund to finance such services as neighborhood police patrols and other public safety programs, library services, support for local schools, maintenance of City streets, open space and park programs and senior programs.

The City's UUT ordinance, like those of most California cities with telecommunication UUTs, referred to federal law to define and describe the telecommunication services covered by the UUT. These definitions have been revised by the federal government and telecommunication technology has changed significantly.

Measure: The measure would replace the older definitions of telecommunication services so that the language is consistent with current practice.

Measure B would not apply to charges for internet access or internet content or to private telecommunication services.

Measure B does not increase the current UUT rate of 2.4%. Voter approval would be required for any increase in the rate or the scope of services subject to the UUT in the future.

Measure B maintains the existing senior citizen exemption for Cupertino residents age 65 years or older.

Measure B also requires annual audits to confirm the tax is properly collected and spent according to the requirements of Measure B and other laws. Audit reports will be available to the public.

Measure B requires approval of a majority of voters. A "yes" vote for Measure B is a vote in favor of adopting the amended UUT ordinance. A "no" vote against Measure B will reject the proposed amendments to the UUT Ordinance, and continue the UUT in its present form.

/s/ Carol Korade
Cupertino City Attorney

The above statement is an impartial analysis of the proposed ordinance. If you desire a copy of the ordinance, please call the Cupertino City Clerk's Office at (408) 777-3223 and a copy will be mailed at no cost to you. You may also view the ordinance at http://www.cupertino.org/measureB.

  Please note

The information about this measure has been retyped and may contain errors. The official information may be obtained from the City.
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Arguments For Measure B
Yes on B - Preserve the essential services and quality of life in Cupertino.

Since 1990, the City has used its utility users tax (UUT) to fund important services such as public safety, the library, support for schools, and street maintenance programs.

Measure B is not a new tax.

YES on B simply clarifies what can and cannot be taxed - with NO CHANGE to the existing rate - and continues the exemption for seniors. Updating the language ensures taxpayers are treated the same as they are today. We anticipate that residents will see no change in their monthly bill.

Over the past 20 years, communications technology has changed. To keep pace with technology advances, Cupertino must update and ratify the existing UUT language to reflect current definitions for telecommunication services.

By updating our UUT language, Yes on B protects local revenues for local needs. Local UUT funds can't be taken by the State.

Cupertino's UUT pays for many critical city services. Without this funding, the City would be forced to cut funding that supports:

  • Neighborhood police patrols
  • Library services
  • School crossing guards
  • City streets
  • Open space and park improvement projects

Yes on B allows the City to maintain programs and services for local school children and families that improve our quality of life in Cupertino.

Many residents live in Cupertino because it offers a higher level of service, programs and quality of life than neighboring cities. Vote Yes on B to ensure our City can maintain the high quality of public safety, support our excellent schools, maintain parks and open space, and provide the senior programs that residents expect and deserve.

Join all five Councilmembers, seniors, public safety, library, and community leaders in voting YES on B to ensure that Cupertino remains a quality community.

/s/ Phil Quon
Superintendent, Cupertino Union School District
/s/ Michael Chang
Former Mayor of Cupertino
/s/ Roberta Hollimon
Retired Cupertino Resident
/s/ Mary-Ann Wallace
Retired Cupertino Community Librarian
/s/ Laurie Smith
Sheriff

(No arguments against Measure B were submitted)

Full Text of Measure B
The full text is on the City webpage


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