Ballot Measure NN Transient Occupancy Tax

On July 14, 2020 the City Council voted in favor of placing a measure on the November 2020 Ballot asking Hayward voters to consider an increase in the City’s Transient Occupancy Tax

Ballot Measure Question:

To support City of Hayward services, including: repairing streets and sidewalks; 911 emergency and firefighter response times; disaster preparedness; extended library hours and after-school programs; and other general City services with revenue that cannot be taken by the State; shall the City of Hayward increase the transient occupancy tax paid only by hotel and motel guests from 8.5% to no more than 14%, providing an estimated $3,000,000 annually, until repealed by voters, all funds benefiting Hayward?

July 14, 2020 | Council approves resolution requesting the County Board of Supervisors consolidation of a municipal election with other local elections to be held on the same date. Resolution includes calling of the election, ballot measure question, and ballot measure full text.

 

August 11, 2020 |Deadline for submission of Direct Arguments for/against proposed ballot measure. (12 noon)

 

August 11 - August 21, 2020 | Ten-day public review of City Attorney Impartial Analysis

 

August 21, 2020 | Close of Public Examination Period for Primary Arguments. 

EC §9282 (b) The City Council, or any member or members of the Council so authorized, or an individual voter who is eligible to vote on the measure, or any bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any City measure.
 
EC §9282 Primary arguments shall be titled either “Argument in Favor of Measure _ “or “Argument Against Measure _”
 
EC §9282 (c) Primary arguments for or against a ballot measure cannot exceed 300 words in length.  Arguments must be typed or printed.  No handwritten arguments will be accepted.  Use the Word Count Standards as stated in Section 9 of the Elections Code.
 
EC §9283 A ballot argument will not be accepted without the printed name and signature or printed names and signatures of the author or authors.  An argument may have up to five (5) signatures.  If there are more than five signatures, only the signatures of the first five will be printed.  Each argument signer must also complete a Signature Statement.
 
EC §9286 Deadlines for submitting arguments and rebuttals are listed in the Notice of Election.
 
EC §9286 Primary and rebuttal arguments may be changed or withdrawn by their proponents until the filing deadline.  Arguments received prior to the deadline will be kept confidential until the filing deadline.
 
EC §9287 If more than one argument for, or more than one argument against, any City measure is filed before the deadline, the City Clerk will select one of the arguments using the criteria in Elections Code §9287.
 
EC §9285(a)(1) The City Clerk will send a copy of the argument in favor of the measure to the authors of the argument against the measure, and a copy of the argument against the measure to the authors of the argument in favor of the measure, immediately after the filing deadline.  
 
EC §9285 (a)(3) Rebuttal arguments cannot exceed 250 words in length.  No handwritten arguments will be accepted.  Use the Word Count Standards.
 
EC §9285 (a)(2) Signers of rebuttal arguments need not be the same as those on the primary arguments for or against a measure.  However, if signers of the rebuttal arguments are different from those of the primary argument, the “Release for Rebuttal Argument” form must be competed and filed, indicating the name of the person signing the primary argument, and the name of the person signing the rebuttal argument in their place.  
 
EC §9295 There is a ten-calendar day public examination period for the impartial analysis and primary and rebuttal arguments, immediately following the deadline for their submissions.
 
 
BALLOT QUESTION:
 
To support City of Hayward services, including: repairing streets and sidewalks; 911 emergency and firefighter response times; disaster preparedness; extended library hours and after-school programs; and  other general City services with revenue that cannot be taken by the State; shall the City of Hayward increase the transient occupancy tax paid only by hotel and motel guests from 8.5% to up to 14%, providing an estimated $3,000,000 annually, until repealed by voters, all funds benefiting Hayward?
 
Deadline for Filing Primary Arguments:  August 11, 2020 by 12:00 PM
 
Deadline for Filing Rebuttal Arguments:  August 21, 2020 by 12:00 PM
 
 
Due to ongoing COVID-19 conditions, please send an email to Miriam.lens@hayward-ca.gov or call (510) 583-4400 to schedule an appointment to file primary and/or rebuttal arguments.
 

Measure Endorsement Agreement     Signature Statement Form     Signature Statement Form - Rebuttal     Release for Rebuttal Argument

 

Download Full Resolution

Full text from the PDF is provided below in compliance with ADA guidelines.

 

Introduced by Council Member Mendall

 

Resolution calling a municipal election in the City of Hayward for the purpose of submitting to the voters a ballot measure relating to an increase in  the city’s transient occupancy tax; setting forth the statement of the measure to be voted upon; fixing the date and manner of holding the election; and requesting the board of supervisors of alameda county to provide for the consolidation of the municipal election with the presidential election to be held on november 3, 2020, and to provide election services

 

WHEREAS,under the provisions of the Hayward City Charter, a General Municipal Election for the election of officers shall be consolidated with the General Election held in even numbered years; and

 

WHEREAS, a Presidential General Election will be held on Tuesday, November 3, 2020.

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward as follows:

 

SECTION 1.    

That the City of Hayward General Municipal Election is hereby called and ordered to be consolidated with the Presidential Election to be held on Tuesday, November 3, 2020, for the purpose of submitting to the voters a ballot measure.

 

SECTION 2.

That a ballot measure question is to appear on the ballot as follows:

SHALL AMENDMENTS TO THE HAYWARD TRANSIENT OCCUPANCY TAX BE ADOPTED?

TO SUPPORT CITY OF HAYWARD SERVICES, INCLUDING: REPAIRING STREETS AND SIDEWALKS; 911 EMERGENCY AND FIREFIGHTER RESPONSE TIMES; DISASTER PREPAREDNESS; EXTENDED LIBRARY HOURS AND AFTER-SCHOOL PROGRAMS; AND OTHER GENERAL CITY SERVICES WITH REVENUE THAT CANNOT BE TAKEN BY THE STATE; SHALL THE CITY OF HAYWARD INCREASE THE TRANSIENT OCCUPANCY TAX PAID ONLY BY HOTEL AND MOTEL GUESTS FROM 8.5% TO NO MORE THAN 14%, PROVIDING AN ESTIMATED $3,000,000 ANNUALLY, UNTIL REPEALED BY VOTERS, ALL FUNDS BENEFITING HAYWARD?

YES       NO

 

SECTION 3.

That the proposed complete text of the measure (Ordinance) submitted to the voters is attached as Exhibit A. 

 

SECTION 4.

That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast.

 

SECTION 5.

That the City Clerk is authorized and directed to certify the adoption of this resolution and to transmit a copy thereof so certified to the County Clerk of the County of Alameda.  The City Clerk is further authorized and directed to prepare, execute and transmit to the Alameda County Registrar of Voters all documents necessary to carry out the purposes of this resolution.

 

SECTION 6.

The City Attorney is hereby authorized and directed to prepare and transmit to the City Clerk the impartial analysis and the official ballot title.

 

  1. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.

 

  1. The analysis shall include a statement indicating the measure was placed on the ballot by the City Council.

 

  1. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Measure___. If you desire a copy of the ordinance or measure, please call the election official's office at (510) 583-4400 and a copy will be mailed at no cost to you."

 

  1. The impartial analysis shall be filed by the date set by the City Clerk.

 

SECTION 7.

That the City Clerk is directed to publish a synopsis of the measure pursuant to Elections Code Section 12111 and Government Code Section 6061.

 

SECTION 8. 

That the City Council shall meet at a regular meeting to review the canvass of the returns of the Municipal Election and declare the results thereof.

 

IN COUNCIL, HAYWARD, CALIFORNIA July 14, 2020.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: Lamnin, Márquez, Mendall, Salinas, Wahab, Zermeño

         MAYOR: Halliday

NOES: COUNCIL MEMBERS: None

ABSTAIN: COUNCIL MEMBERS: None

ABSENT: COUNCIL MEMBERS: None

 

Approved As To Form:

/s/ Michael S. Lawson, City Attorney

Attest:

/s/ Miriam Lens, City Clerk

 

 

 

Full text from the PDF is provided below in compliance with ADA guidelines.

Download full Resolution

 

Full text from the PDF is provided below in compliance with ADA guidelines.

 

Introduced by Council Member Mendall

 

Resolution establishing the schedule and policy providing for the filing of ballot arguments for the transient occupancy tax ballot measure at the November 3, 2020 election.

 

WHEREAS, the City Council of Hayward will likely submit a ballot measure to the voters at the November 3, 2020 Municipal Election; and 
 
WHEREAS, it is necessary to establish a schedule and policy for the filling of ballot measures.
 
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward as follows:
 
SECTION 1. The Primary Argument filing period closes at noon, 12:00 p.m. on Tuesday, August 11, 2020.  The Rebuttal Argument filing period closes at noon, 12:00 p.m. on Friday, August 21, 2020.
 
SECTION 2.  The ten-day public review period for primary arguments closes at noon, 12:00 p.m. on August 21, 2020, and the ten-day public review period for rebuttal arguments closes at noon, 12:00 p.m. on August 31, 2020.
 
SECTION 3.  In accordance with Elections Code 9282 and 9285, primary arguments for or against ballot measures shall not exceed 300 words in length.  Rebuttal arguments for or against ballot measures shall not exceed 250 words in length.  Word count will be determined using the standards set forth in Elections Code Section 9.
 
SECTION 4. According to Elections Code 9287, if more than one argument is submitted, the City Clerk shall select the argument and shall give preference, in the order named, to arguments of the following:
 
a) The legislative body, or member or members of the legislative body authorized by that body.
b) The individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure,
c) Bona fide associations of citizens.
d) Individual voters who are eligible to vote on the measure.
 
SECTION 5.  Each ballot argument must be accompanied by the printed name(s) and signature(s) of the person or persons submitting it or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument.  The Certification of the Author(s) and Proponent(s), in Exhibit A, must be submitted at the time the respective Primary Argument or Rebuttal Argument is filed.  The names and titles of proponents will be printed exactly as they appear in Exhibit A.  Arguments received prior to the deadline are confidential until the deadline.
 
SECTION 6.  No more than five signatures shall appear with any argument.  In case any argument is signed by more than five individuals, the signature of the first five shall be printed.  Authors must list the signors names on the argument in the order they are to be printed.  
 
SECTION 7.  Consent forms are required for persons and/or organizations listed as supporters in the text of the argument.
 
SECTION 8.  The City Clerk, upon receipt of arguments and after the filing deadline, will transmit copies of arguments to authors of opposing arguments who may then submit rebuttals within the established period.  
 
SECTION 9.  In accordance with Elections Code 9285, only the author whose primary argument has been selected by the City Clerk may file a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument.  
 
SECTION 10.  Rebuttal arguments shall be printed in the same manner as direct arguments.  Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
 

IN COUNCIL, HAYWARD, CALIFORNIA July 14, 2020.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: Lamnin, Márquez, Mendall, Salinas, Wahab, Zermeño

         MAYOR: Halliday

NOES: COUNCIL MEMBERS: None

ABSTAIN: COUNCIL MEMBERS: None

ABSENT: COUNCIL MEMBERS: None

 

Approved As To Form:

/s/ Michael S. Lawson, City Attorney

Attest:

/s/ Miriam Lens, City Clerk

 

Notice of Ballot Measure

 

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TIÊNG VIÊT 

 

Full text from the PDF  (English) is provided below in compliance with ADA guidelines.

 

City of Hayward Notice of Measure to be Voted Upon at the November 3, 2020 General Municipal Election and Deadline for Filing Ballot Arguments
 
NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Hayward on Tuesday, November 3, 2020, to be consolidated with the Presidential Election.  The City Council proposes on its own motion, Resolution No. 20-125, for the purpose of submitting the following Transient Occupancy Tax Increase Ballot Measure___, as introduced by Council Member Mendall, to the voters of the City of Hayward:
 
BALLOT QUESTION
 
To support City of Hayward services, including: repairing streets and sidewalks; 911 emergency and firefighter response times; disaster preparedness; extended library hours and after-school programs; and  other general City services with revenue that cannot be taken by the State; shall the City of Hayward increase the transient occupancy tax paid only by hotel and motel guests from 8.5% to no more than 14%, providing an estimated $3,000,000 annually, until repealed by voters, all funds benefiting Hayward?
 
SYNOPSIS OF THE MEASURE
 
ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA AMENDING SECTION 8-4.20 OF THE HAYWARD MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX
 
Section 1.  Section 8-4.20 of the Hayward Municipal Code is hereby amended to read as follows:
 
SEC. 8-4.20 - TAX IMPOSED. 
 
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eight and one-half percent (8½%) up to fourteen percent (14%) of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax and License Administrator may require that such tax shall be paid directly to the Tax and License Administrator. 
 
The complete text of the measure is available on the City’s website at https://www.hayward-ca.gov/your-government/elections.  To receive a free copy, please contact (510) 583-4400 or email cityclerk@hayward-ca.gov.
 
NOTICE IS FURTHER GIVEN by the City Clerk, pursuant to the provisions of Sections 9285 and 9286 of the Elections Code of the State of California, that the following deadlines are hereby established as the final dates on which arguments and rebuttal arguments for and against the measure appearing on the ballot for the General Municipal Election to be held on November 3, 2020, may be submitted to the City Clerk for printing and distribution to the voters as required by law: 
 
 
Deadline for Filing Primary Arguments:   12:00 P.M., Tuesday, August 11, 2020 
Deadline for Filing Rebuttal Arguments:  12:00 P.M., Friday, August 21, 2020 
 
Primary Arguments, not to exceed 300 words in length, and Rebuttal Arguments, not to exceed 250 words in length, are to be submitted to the City Clerk, 777 B Street, Hayward, on or before the deadlines. Submitted arguments are kept confidential until after the filing deadline.  Arguments cannot be changed after the deadline. 
 
NOTICE IS FURTHER GIVEN that there shall be set a ten-calendar day examination period for public review of said Arguments.  During this time, any registered voter of the election jurisdiction, or the elections official, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted.  The review period for Arguments is as follows: Primary Arguments review commences August 11, 2020 and ends August 21, 2020; Rebuttal Arguments review commences August 21, 2020 and ends August 31, 2020.  The review period for the Impartial Analysis commences on August 11, 2020 and ends August 21, 2020.
 
Information regarding the election and measures is available on the City’s website at https://www.hayward-ca.gov/your-government/elections.  For additional information call (510) 583-4400 or email cityclerk@hayward-ca.gov
 
On Election Day, November 3, 2020, the polls will be open from 7 AM through 8 PM.
 
Dated: July 31, 2020
Miriam Lens, City Clerk
City of Hayward
 
Full text from the PDF is provided below in compliance with ADA guidelines.
 
 
08/07/20   14:19  CLK
 
CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE ___ PROPOSED INCREASE OF HAYWARD’S TRANSIENT OCCUPANCY (‘TOT’ OR HOTEL) TAX
 
Hayward voters will be presented with a measure at the November 3, 2020 general municipal election that could increase the city’s transient occupancy tax from its current rate of 8.5% up to a maximum of 14%, as determined by the city council. A transient occupancy tax, called ‘TOT’ for short, is also known as a ‘hotel tax.’ A TOT or ‘hotel tax’ is a tax imposed only on guests at hotels, motels, and other short-term lodging who stay up to 30 days. The tax is imposed on a per day basis, and is paid by the guest in addition to the daily rate charged by the hotel or motel. To avoid any confusion, this tax is not charged or imposed on renters or homeowners.
 
As an example of how this tax works, a guest who pays $100 to stay in a hotel for one day now pays an additional $8.50 as the TOT or hotel tax. The guest pays a total of $108.50. The hotel collects $8.50 and sends it to the city. If this measure is approved, the guest could pay as much as $114.00 for one day, and the hotel would collect $14 and send it to the city.
 
The TOT is a general tax used by the city for any unrestricted purpose. The financial analysis prepared by the city reports an average of $2.6 million currently generated annually in TOT revenues, with a potential of generating a projected $4.2 million if the maximum rate of 14% were charged. The financial analysis further reports the current 8.5% rate is among the lowest rates when compared to 16 Bay Area cities with populations over 100,000.
 
The ballot question for this measure says the city will use this tax for street and sidewalk repairs, increased emergency response times by police and fire department personnel, disaster preparedness, extended library hours and after-school programs, and other city services.
 
In order to increase the rate from its current 8.5%, the Hayward city council would be required to amend its municipal code at a public meeting noticed for this purpose. Under state law, the city council could increase the rate above 8.5% but not higher than 14% without further approval of the voters.
 
A ‘yes’ vote will allow the TOT rate to be increased above 8.5% by the city council, but not higher than 14%.
 
A ‘no’ vote means the current rate of 8.5% will remain unchanged.
 
This measure requires a simple majority vote for approval. A simple majority is 50% of voters voting on the measure, plus one additional vote. If approved, it would become effective 10 days after the certification of its approval, pursuant to Elections Code sec. 9217.
 
This analysis is prepared by the City Attorney of the city of Hayward, pursuant to Elections Code sec. 9280
 
s/MICHAEL S. LAWSON
City Attorney, City of Hayward
 

 

The argument about the proposed ballot measure is the opinion of the authors.

ONE ARGUMENT IN FAVOR

Full text from the PDF is provided below in compliance with ADA guidelines.
 
Argument in Favor of Measure __                                                                      08/10/2020   16:00 CLK
 
Vote “YES” on Measure __ to maintain quality community services and protect Hayward property values without raising taxes on the city’s residents or businesses. The Transient Occupancy Tax (TOT) or hotel tax is paid only by visitors staying in hotels and motels in our City.
 
The Hotel Tax is paid by travelers staying in our hotels and using and receiving city services. As temporary residents or visitors, they use City roads, enjoy our amenities, and are protected by our 911 and fire services. The Hotel Tax is a primary method by which visitors contribute toward the cost of those services.
 
Increasing the rate by up to 4.5% (about $4.50 more a night for a room that costs $100) could generate approximately $1.6 million in much-needed additional revenue each year. This money will be used right here in Hayward and cannot be taken away by Sacramento. This local revenue will ensure that Hayward can continue to provide critical City services to our residents.
 
Hayward has had one of the lowest TOT rates in the Bay Area. An increase from 8.5% to up to 14% will put us at the same level with most of our neighboring cities. If Measure __ is approved by voters, the Hayward City Council will have the flexibility to set the rate up to 14%. The City Council has committed to considering economic conditions and the status of recovery from the COVID-19 pandemic before adjusting the rate.
 
Please join a unanimous City Council in voting “Yes” for Measure __ in order to maintain quality City services.
 
s/BARBARA HALLIDAY
Mayor, City of Hayward
 
s/AISHA WAHAB
City Council Member, Hayward
 
s/TERRY SANDOVAL
Healthcare Labor Leader
 
s/RAY BONILLA JR.
Chairman and Commissioner, City of Hayward Planning Commission
 
s/ROBERT SAKAI
Hayward resident

 

No arguments were received in opposition of the measure.

 
 
 
 
Full text from the PDF is provided below in compliance with ADA guidelines.
 
FULL TEXT OF MEASURE _________
 
ORDINANCE NO. ____________
 
ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA AMENDING SECTION 8-4.20 OF THE HAYWARD MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX
THE PEOPLE OF THE CITY OF HAYWARD DO ORDAIN AS FOLLOWS:
 
Section 1. Section 8-4.20 of the Hayward Municipal Code is hereby amended to read as follows:
 
SEC. 8-4.20 - TAX IMPOSED.
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eight and one-half percent (8½%) up to fourteen percent (14%) of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax and License Administrator may require that such tax shall be paid directly to the Tax and License Administrator.
 
Section 2. To the extent allowed under Article XIII C of the California Constitution, this Ordinance may be amended by the City Council without a vote of the people, except that voter approval shall be required for any amendment that increases the tax, within the meaning of Government Code section 53750(h), beyond the levels authorized by this chapter.
 
Section 3. California Environmental Quality Act (CEQA). The City Council independently finds and determines that this action is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an activity that is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The general exemption applies in this instance because it can be seen with certainty that there is no possibility that the proposed amendments could have a significant effect on the environment, and thus are not subject to CEQA. Thus, it can be seen with certainty that the proposed project would not have a significant effect on the environment.
 
Section 4. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
 
Section 5. This Ordinance shall become effective 10 days after the certification of its approval by the voters at the Election pursuant to Elections Code section 9217.
 
Section 6. Upon approval by the voters, the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law.

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