By L.M. Thorpe
In a Jan. 11 letter to the City of Saratoga regarding the Utility Users Tax, the Pacific Legal Foundation stated: "The City must stop collecting this tax immediately and place the ordinance on the ballot for voter approval. Failure to do so may result in a complaint being filed against the city within 30 days."
The city responded to this letter on Feb. 9, 1996, stating that "...the City Council has decided to place the city's utility tax on the ballot for the November 1996 election...subject to the condition that no litigation be initiated against the city by the Pacific Legal Foundation."
One would logically conclude from this statement that the city's intent was to provide an opportunity for the voters to decide whether to continue the tax past November by voting on the measure. However, the council very cleverly and deceivingly worded the ballot statement so as not to allow the voters to vote on continuing the tax past November. The ballot statement, which was written in part and signed by Mayor Paul Jacobs, will appear on the ballot as follows:
"Shall the existing city of Saratoga Utility Users Tax be extended with no increase in the tax rate to Jan. 1, 2001, unless extended beyond that date by a further vote of the people?"
This only addresses a six-month extension from June 1, 2000. By wording the statement in this way, the city has intentionally precluded the opportunity for the voters to decide whether the tax should be continued past November. By this move they have arrogantly ignored the threat of litigation by the Pacific Legal Foundation. They have also by this action perpetuated a power play against the voters of the city by only allowing the voters to vote on the six-month extension in the year 2000.
The only recourse that was available to those of us opposing the tax was to bring a contesting lawsuit against the Registrar of Voters, forcing a change in the wording of the measure. This was not done because of the $2,000 to $3,000 cost. We therefore attempted to expose this sham to the voters by our wording of the ballot argument against Measure L and our rebuttal to the argument in favor of Measure L. The city must think the voters are either dumb or extremely gullible.
In the Town Hall meetings held by the city manager and the council, they pointed out all of the budget difficulties the city would encounter in the next couple years if they lost the funds from the utility tax. Now, it appears that the fears expressed in those meetings merely constituted a smoke screen of scare tactics.
It is my opinion the council has brought about significant self-inflicted damage to their credibility by their actions on this matter and have hastened their demise, whether by vote or recall action.
L.M. Thorpe is a Saratoga resident.
This article appeared in the Saratoga News, September 25, 1996.
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