Measure EE - November 8, 2016

On Tuesday, November 8, 2016 Measure EE passed by a majority vote.

Full result details as recorded by the Alameda County Registrar

Measure EE

TO ASSURE LOCAL CONTROL AND CLOSE ON-GOING DEFICITS, SHALL THE CITY OF HAYWARD BE AUTHORIZED TO ENACT A GENERAL TAX ORDINANCE NOT EXCEEDING 15% OF GROSS SALES FOR ALL PRODUCTS ASSOCIATED WITH MEDICAL OR ADULT USE OF CANNABIS, FROM CULTIVATION, DISTRIBUTION, MANUFACTURING, AND RETAILING OF CANNABIS OR PRODUCTS DERIVED THEREFROM, IF THE CITY OF HAYWARD PERMITS CANNABIS BUSINESS ACTIVITIES, SUCH TAX TO BE IN ADDITION TO ANY OTHER TAXES IMPOSED BY THE CITY OF HAYWARD OR THE STATE OF CALIFORNIA?

August 1, 2016 | Semi-annual filing: FPPC Form 460 - period covers 6/30/2016

 

July 26, 2016 | 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.

 

July 29, 2016 -August 8, 2016 | Public review period Impartial Analysis

 

August 9, 2016 | Last day to file direct arguments (EC 9286)

 

August 9, 2016 - August 19, 2016 | Public review period for direct arguments (EC 9295)

 

August 19, 2016 | Last day to file rebuttal arguments (EC 9285)

 

August 19, 2016 - August 29, 2016 | Public review period for rebuttal arguments (EC 9295)

 

August 29, 2016 | Last day to submit direct arguments and rebuttal arguments to the Registrar of Voters. 

 

September 29, 2016 | Pre-election campaign statement deadline: FPPC form 460 - period covers 7/1/2016 -9/24/2016

 

September 29, 2016 - October 18, 2016 | Voter information and sample ballot pamphlet mailing period.

 

October 10, 2016 - November 1, 2016 | Period to obtain vote-by-mail ballots.

 

October 24, 2016 | Last day to register to vote for the November 8, 2016 General Election.

 

October 25, 2016 - November 8, 2016 | New Citizens (sworn in after October 24, 2016) Voter Registration Period.

 

October 27, 2016 | Pre-Election Campaign Statement Deadline: FPPC Form 460 - Period covers 9/25/2016 - 10/22/2016 

 

November 8, 2016 | Last day for County to certify election results to city (EC 15372)

 

January 31, 2017 | Semi-annual filing: FPPC 460 - Period covers 10/23/2016 - 12/31/2016

 

Download PDF

EC §9282 (b) The City Council, or any member or members of the Council so authorized, or any individual voters who is eligible to vote on the measure, or any bona fide association of citizens, or any 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 can be up to 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 of the author. 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 The deadline 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 Rebuttal arguments shall be titled either “Rebuttal to Argument in Favor or Measure _” or “Rebuttal to Argument Against Measure _”

 

EC §9285 (a)(3) Rebuttal arguments can be up to 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 ASSURE LOCAL CONTROL AND CLOSE ON-GOING DEFICITS, SHALL THE CITY OF HAYWARD BE AUTHORIZED TO ENACT A GENERAL TAX ORDINANCE NOT EXCEEDING 15% OF GROSS SALES FOR ALL PRODUCTS ASSOCIATED WITH MEDICAL OR ADULT USE OF CANNABIS, FROM CULTIVATION, DISTRIBUTION, MANUFACTURING, AND RETAILING OF CANNABIS OR PRODUCTS DERIVED THEREFROM, IF THE CITY OF HAYWARD PERMITS CANNABIS BUSINESS ACTIVITIES, SUCH TAX TO BE IN ADDITION TO ANY OTHER TAXES IMPOSED BY THE CITY OF HAYWARD OR THE STATE OF CALIFORNIA?

 

Deadline for Filing Primary Arguments: August 9, 2016 by 5:00 PM

Deadline for Filing Rebuttal Arguments: August 19, 2016 by 5:00 PM

 

To ensure your text is printed exactly as submitted, in addition to filing a hard copy, please email our argument or rebuttal to Miriam.lens@hayward-ca.gov or bring an electronic file.

Submit to:

Miriam Lens, City Clerk

Office of the City Clerk

777 B Street, 4 th Floor, Hayward, CA 94541

510.583.4400

 

Download form

Introduced by Council Member Mendall

 

Resolution calling a special municipal election in the City of Hayward for the purpose of submitting to the voters a measure relating to the enactment of a cannabis transcation and use 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 Supevisors of Alameda County to provide for the consolidation of the Special Municipal Election with the statewide Presidential Election to be held on November 8, 2016, and to provide election services.

 

WHEREAS, the City Council of Hayward desires to call a Special Municipal Election to be held on November 8, 2016, for the purpose of submitting to the voters the following statement:

 

TO ASSURE LOCAL CONTROL AND CLOSE ON-GOING DEFICITS, SHALL THE CITY OF HAYWARD BE AUTHORIZED TO ENACT A GENERAL TAX ORDINANCE NOT EXCEEDING 15% OF GROSS SALES FOR ALL PRODUCTS ASSOCIATED WITH MEDICAL OR ADULT USE OF CANNABIS, FROM CULTIVATION, DISTRIBUTION, MANUFACTURING, AND RETAILING OF CANNABIS OR PRODUCTS DERIVED THEREFROM, IF THE CITY OF HAYWARD PERMITS CANNABIS BUSINESS ACTIVITIES, SUCH TAX TO BE IN ADDITION TO ANY OTHER TAXES IMPOSED BY THE CITY OF HAYWARD OR THE STATE OF CALIFORNIA?

 

WHEREAS, a State of California statewide presidential election will be held on Tuesday, November 8, 2016; and 

 

WHEREAS, voters statewide will be presented with Proposition 64, an initiative measure which, if adopted, would legalize the sale and use of adult use of recreational cannabis and medical cannabis; and

 

WHEREAS, the City of Hayward is permitted to hold a special municipal election on November 8, 2016, that is consolidated with said statewide presidential election to be held on said date; and

 

WHEREAS, Proposition 218, California Constitution Article XIII C, sec. 2(b) requires a proposed tax to be submitted to voters at a general municipal election at which members of the City Council stand for election, except in cases of emergency declared by a unanimous vote of the Council; and

 

WHEREAS, in each of the last seven fiscal years, the City has had to budget for the significant use of reserves as a result of the ongoing structural budget deficit and in some years was eventually able to barely avoid the use of reserves to balance the budget due to mostly one time revenue of expense adjustments, as reflected in Exhibit A; and 

 

WHEREAS, the City's ten-year forecast indicates the general funding operating budget gap will grow because of increased costs of doing business without a matching increase in revenues, but with declining reserves that will be unavailing for purposes of closing the gaps, as reflected in Exhibit B; and

 

WHEREAS, the proposed cannabis tax revenue might assist in closing the gap and would avoid elimination of important City servces such as police, fire and emergency medical response times, social and cultural programs, support for community-based organizations, and youth and family counseling programs; and 

 

WHEREAS, such proposed tax must be considered at the November 8, 2016 special municipal election because the next general municipal election will not be held until November, 2018; and

 

WHEREAS, the City of Hayward desires to submit to its voters a City Council proposed measure enacting a not-to-exceed transaction and sales tax rate of fifteen percent of retail sales and business-to-business non-retail cultivation, distribution and manufacturing of adult use cannabis sales and medical cannabis sales; and

 

WHEREAS, the City of Hayward measure, if adopted, would authorize the City Council to determine whether or if such adult use of cannabis and medical cannabis would be permitted, in its discretion, and the regulatory framework within which such sales might be permitted; and 

 

WHEREAS, Elections Code section 13119(b) requires the ballot question to include the estimated revenue of the proposed tax if such tax is proposed in an initiative measure that has qualified; and 

 

WHEREAS, the proposed cannabis tax measure is a City Council-sponsored measure pursuant to Elections Code Section 9222 and not an initiative measure, and therefore Elections Code section 13119(b) is deemed inapplicable to the above-stated ballot question; and 

 

WHEREAS, the sale of adult use cannabis has previously not been legal in the State of California of the City of Hayward and therefore no reasonable methodology is available to estimate the revenue from such tax;

 

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward takes the following actions:

 

1. Calls for a Special Municipal Election to be held on Tuesday, November 8, 2016, for the purpose of submitting to the voters a measure concerning the enactment of a Cannabis Transaction and Use Tax; and 

 

2. The City Council hereby finds that the City's ongoing budget gaps, as reflected in Exhibits A and B, constitue a fiscal emergency as required by California Constitution ArticleXIII, section 2(b)(2) in order submit this tax measure at a special municipal election; that the next general municipal election at which the offices of mayor and council members are to be filled will not be held until November, 2018.

 

3. Requests the Board of Supervisors of Alameda County to order the consolidation of the Special Municipal Election to be held on November 8, 2016, and to further provide that, within the territory affected by such order of consolidation, to wit, the City of Hayward, the election precincts, polling places and voting booths shall in every case be the same and there shall be only one set of election officers in each of said precincts.

 

4. Requests the Board of Supervisors of Alameda County in order the County Clerk and the Registrar of Voters to:

 

a. Set forth on all sample ballots that are to be mailed to the voters of the City the statement set forth above and mail with the sample ballots copies of the arguments (if any) for and against said measure; and

b. Provide absent voter ballots for the Special Municipal Election therewith for use of voters of the City who are entitled thereto, in the manner provided by law; and 

c. Prepare and supply indices to precinct information, assist in the canvass of returns and provide services to complete te official canvass of returns.

 

5. The Board of Supervisors of Alameda County is hereby further authorized to canvass, or cause to be canvassed, as provided by law, the returns of the Special Municipal Election with respect to the voters cast for the measure and to certify such canvass of the votes cast.

 

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

 

7. The City Attorney is hereby authorized and directed to prepare and transmit to the City Clerk the official ballot title, impartial analysis, and statement of the measure as set forth herein.

 

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

 

9. Upon the passage and adoption of this resolution, the City Clerk is directed to publish a synopsis of the measure pursuant to Election Code section 12111 and Government Code section 6061.

 

IN COUNCIL, HAYWARD, CALIFORNIA July 26, 2016

ADOPTED BY THE FOLLOWING VOTE:

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

MAYOR: Halliday

NOES: COUNCIL MEMBERS: None

ABSTAIN: COUNCIL MEMBERS: None

ABSENT: COUNCIL MEMBERS: None

 

Download full Resolution

 

NOTICE IS HEREBY GIVEN that a Special Municipal Election will be held in the City of Hayward on Tuesday, November 8, 2016, to be consolidated with the General Election. The City Council unanimously proposes on its own motion, Resolution No. 16-154, for the purpose of submitting the following Measure____, as introduced by Council Member Mendall to the voters of the City of Hayward:

 

BALLOT TITLE

 

TO ASSURE LOCAL CONTROL AND CLOSE ON-GOING DEFICITS, SHALL THE CITY OF HAYWARD BE AUTHORIZED TO ENACT A GENERAL TAX ORDINANCE NOT EXCEEDING 15% OF GROSS SALES FOR ALL PRODUCTS ASSOCIATED WITH MEDICAL OR ADULT USE OF CANNABIS, FROM CULTIVATION, DISTRIBUTION, MANUFACTURING, AND RETAILING OF CANNABIS OR PRODUCTS DERIVED THEREFROM, IF THE CITY OF HAYWARD PERMITS CANNABIS BUSINESS ACTIVITIES, SUCH TAX TO BE IN ADDITION TO ANY OTHER TAXES IMPOSED BY THE CITY OF HAYWARD OR THE STATE?

 

The complete text of the measure is on file in the City Clerk’s Office, 777 B Street, Hayward, and is available on the City’s website at http://www.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 Election to be held on November 8, 2016, may be submitted to the City Clerk for printing and distribution to the voters as required by law:

 

Deadline for Filing Primary Arguments: 5:00 P.M., Tuesday, August 9, 2016

Deadline for Filing Rebuttal Arguments: 5:00 P.M., Friday, August 19, 2016

 

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 commence on August 9 and end at 12:00 p.m. on August 19, 2016; Rebuttal Arguments commence on August 19 and end at 12:00 p.m. on August 29, 2016. The review period for the Impartial Analysis commences on July 29, and ends on August 8, 2016. Information regarding the election and measure is available on the City’s website at http://www.hayward-ca.gov. For additional information call (510) 583-4400.

 

On Election Day, November 8, 2016, the polls will be open from 7 AM through 8 PM.

 

Dated: July 29, 2016

Miriam Lens, City Clerk

City of Hayward

 

English  - Español - 中文 - Tagalog - Tiêng Viêt

The Hayward City Council has placed a measure on the November 8, 2016 ballot, asking voters to authorize the enactment of a general tax on the adult use of recreational cannabis, i.e. marijuana, and medical cannabis. If passed by a simple majority of the voters voting on the measure, the City would be authorized to enact an ordinance imposing a tax not exceeding fifteen percent (15%) of gross sales of adult use of recreational and medical cannabis. As stated in the ballot question, the tax, if enacted, would apply to cultivation, distribution, manufacturing, business-to-business sales, as well as retail sales.

 

Generall, business engaged in supplying cannabis to other businesses or businesses engaged in the retail sale of adult use recreational or medical cannabis to customers would be required to collect the tax from other businesses or customers as part of their gross sales. Gross sales and taxes would be reported to the California State Board of Equalization, which in turn would remit the cannabis tax revenue to the City of Hayward.

 

The cannabis tax, if enacted, is intended to aid in the alleviation of the City of Hayward's ongoing general fund operating deficit, as set forth in the resolution adopting the ballot question. The resolution further contains findings of a fiscal emergency, as required for a general tax to be submitted to the electorate at a special municipal election. Revenue from the tax would be deposited in the City's general fund and could be used for any valid municipal purpose, including police and fire services, paramedic services, youth and anti-gang programs, disaster preparedness, economic development, street repairs and maintenance, graffiti removal, and code enforcement. 

 

The Hayward tax ordinance could be enacted only if adult use of recreationla cannabis is legalized in the State of California. For example, Proposition 64 on the November 8, 2016 statewide general election ballot presents the question of whether adult use of recreational cannabis should be permitted in the State. If Proposition 64 passes and if this Hayward City Counicl-sponsored measure also passes, the Hayward City Council would be authorized to enact a comprehensive ordinance that imposes the cannabis tax. This measure, if adopted, does not mean the City Council is required to enact such an ordinance -- it simply means the City Council would retain local control in deciding whether to enact a tax ordinance after considering the positive and negative factors of allowing adult recreational cannabis businesses and medical cannabis vendors in the City of Hayward.

 

The fifteen percent (15%) tax is the maximum tax that could be imposed on cannabis businesses. The City Council could impose a lower tax. However, the cannabis tax would be in addition to any other sales or transactions tax imposed by the City of Hayward, the State of California or any other taxing agency.

 

A 'yes' vote on the measure means the voter is in favor of authorizing the City to enact a cannabis tax ordinance. A 'no' vote means the voter is not in favor of authorizing the City to enact a cannabis tax ordinance.

 

The above statement is an impartial analysus of the measure. 

 

Download the full analysis

Argument in favor of measure:

 

This Measure is intended to protect local control. Proposition 64, a state ballot initiative, seeks to legalize the adult use of marijuana and applies state taxes to the cultivation and retail sales of cannabis. While Proposition 64 appears to allow for local municipal taxes on the adult use of marijuana, there is no clearly stated guarantee that cities like Hayward will be allowed to impose any tax once the measure is passed and becomes law.

 

Measure _, a local Hayward measure, does not approve the cultivation, production, or retail sales of cannabis within the City of Hayward. It simply preserves the right of our community to apply a local tax to cover local costs should the Council of the City of Hayward ever approve the adult use of cannabis in the future within the city limits of Hayward. All revenue would remain local and could not be taken by the State.

 

Measure _ does not establish a specific tax rate on cannabis. It only establishes a maximum tax rate should our community approve cannabis cultivation, production or sales in the future. It preserves local control and local flexibility to assure that the City has the financial resources to manage cannabis-related issues when and if the community chooses to allow processing or sales of adult use cannabis.

 

If we do not pass this Measure, our community may lose our right to tax cannabis. It is essential that we be able to generate the necessary revenue to support effective control, education and enforcement policies and procedures to assure the safety of our community. Passing Measure _ preserves the critical ability of our City to generate revenue that will stay local and assure community safety in the future. We urge you to vote Yes on Measure _.

 

s/BARBARA HALLIDAY Mayor, City of Hayward

s/SARA LAMNIN Hayward Council Member

s/ELISA MÁRQUEZ Hayward Council Member

s/AL MENDALL Hayward Council Member

s/MARK SALINAS Hayward Council Member

 

Download the argument 

The League of Women Voters - Eden Area hosted an election forum on September 21, 2016, at the City of Hayward Council Chambers.

City of Hayward Measure EE - Informational only by Fran David, Retired City Manager

6:00 p.m. - 6:15 p.m.

 

Hayward Unified School District Governing Board Forum

6:15 p.m. - 8:15 p.m.

 

Forum Flyer Forum Video