Measure T - November 6, 2018
TO SUPPORT CITY OF HAYWARD SERVICES, WITH REVENUE THAT CANNOT BE TAKEN BY THE STATE, INCLUDING: REPARING STREETS AND SIDEWALKS; 911 EMERGENCY AND FIRE FIGHTER RESPONSE TIMES; NEIGHBORHOOD POLICE PATROLS; DISASTER PREPAREDNESS; EXTENDED LIBRARY HOURS AND AFTER-SCHOOL PROGRAMS; AND UNRESTRICTED GENERAL REVENUE PURPOSES; SHALL HAYWARD INCREASE THE RATE OF ITS REAL PROPERTY TRANSFER TAX, COLLECTED ONCE UPON PURCHASE OF REAL ESTATE, FROM $4.50 TO $8.50 PER $1,000, PROVIDING $13,000,000 ANNUALLY, UNITL REPEALED BY VOTERS, ALL FUNDS BENEFITTING HAYWARD?
July 31, 2018 | Semi-Annual Campaign Statement Deadline. FPPC Form 460 - Period covers 1/1/18 -6/30/18
July 17, 2018 | Council approves resolution requesting the County Board of Supervisors consolidation of a municipal election. Resolution must include calling of the election, ballot measure question, and ballot measure full text.
July 20 - July 30, 2018 | Public review period for Impartial Analysis
July 31, 2018 | Last Day to file Direct Arguments (EC 9286)
July 31 - August 10, 2018 | Public review period for Direct Arguments (EC9295)
August 10, 2018 | Last day to file with the County Board of Supervisors a Council Resolution requesting consolidation.
August 10 - August 20, 2018 | Public review period for Rebuttal Arguments (EC 9295)
August 27, 2018 | Last day to submit direct and rebuttal argument materials to the Registrar of Voters office.
September 27, 2018 | First Pre-Election Campaign Statement Deadline FPPC Form 460 - Period covers 7/1/18 - 9/22/18
September 27, 2018 | First day to mail Voter Information Pamphlets
October 8, 2018 | First day to mail Vote By Mail (VBM) Ballots
October 22, 2018 | Last Day to Register to Vote (for the November 6, 2018 General Election)
October 25, 2018 | Second Pre-Election Campaign Statement Deadline FPPC Form 460 - Period covers 9/23/18 -10/20/18
November 6, 2018 | Election Day Polls open at 7 am and close at 8 pm
January 31, 2018 | Semi-Annual Filing Fppc Form 460 - Period covers 10/21/18 - 12/31/18
Introduced by Council Member Mendall
RESOLUTION CALLING A MUNICIPAL ELECTION IN THE CITY OF HAYWARD FOR THE PURPOSE OF SUBMITTING TO THE VOTERS A MEASURE RELATING TO AN INCREASE IN THE EXISTING REAL PROPERTY TRANSFER 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 GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, AND TO PROVIDE ELECTION SERVICES
WHEREAS, The City Council of Hayward desires to call a Municipal Election to be held on November 6, 2018, for the purpose of submitting to the voters a ballot measure.
SECTION 1. That the measure is to appear on the ballot as follows:
Shall the measure increasing the exsisting real property transfer tax be adopted?
To support City of Hayward services, with revenue that cannot be taken by the State, including: repairing streets and sidewalks; 911 emergency and firefighter repsonse times; neighborhood poilce patrols; disaster preparedness; extended library hours and after-school programs; and unrestricted general revenue purposes; shall Hayward increase the rate of its real property transfer tax, collected once upon purchase of real estate, from $4.50 to $8.50 per $1,000, providing $13,000,000 annually, until repealed by voters, all funds benefiting Hayward?
SECTION 2. That the proposed complete text of the measure (Ordinance) submitted to the voters is attached as Exhibit A.
SECTION 3. That the vote requirement for the measure to pass is a majority (50% + 1) of the votes cast.
SECTION 4. 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 County all documents necessary to carry out the purpose of this resolution.
SECTION 5. The City Attorney is hereby authorized and directed to prepare and transmit to the City Clerk the impartial analysis and the official ballot title.
a) 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.
b) The analysis shall include a statement indicating whether the measure was placed on the ballot by petition signed by the requisite number of voters or by the governing body of the city.
c) In the event the entire text of the measure is not printed on the ballot, nor in the voter information protion 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 Ordinance or 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 to you."
d) The impartial analysis shall be filed by the date set by the City Clerk.
SECTION 6. 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 7. That the City Council shall meet as a regular meeting to review the canvass of the returns of the Municipal Election and declasre the results thereof.
IN COUNCIL, HAYWARD CALIFORNIA July 17, 2018
ADOPTED BY THE FOLLOWING
AYES: COUNCIL MEMBERS: Zermeño, Márquez, Mendall, Peixoto, Lamnin
NOES: COUNCIL MEMBERS: Salinas
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Notice of Ballot Measure
City of Hayward Notice of Measure to be Voted Upon at the November 6, 2018 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 6, 2018, to be consolidated with the General Municipal Election. The City Council proposes on its own motion, Resolution No. 18-170, for the purpose of submitting the following Measure___, as introduced by Council Member Mendall, to the voters of the City of Hayward:
“To support City of Hayward services, with revenue that cannot be taken by the State, including: repairing streets and sidewalks; 911 emergency and firefighter response times; neighborhood police patrols; disaster preparedness; extended library hours and after-school programs; and unrestricted general revenue purposes; shall Hayward increase the rate of its real property transfer tax, collected once upon purchase of real estate, from $4.50 to $8.50 per $1,000, providing $13,000,000 annually, until repealed by voters, all funds benefiting Hayward?
SYNOPSIS OF THE MEASURE
ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA AMENDING SECTION 8-6.05 OF THE HAYWARD MUNICIPAL CODE RELATING TO REAL PROPERTY TRANSFER TAX THE PEOPLE OF THE CITY OF HAYWARD DO ORDAIN AS FOLLOWS:
Section 1. Section 8-6.05 of the Hayward Municipal Code is hereby amended to read as follows:
SEC. 8-6.05 – IMPOSITION OF TAX.
A tax is hereby imposed on each transfer, by deed, instrument, or writing, by which any lands, tenements, or other real property located in the City are sold, granted, assigned, transferred, or otherwise conveyed to, or vested in, a purchaser or purchasers thereof, or any other person or persons at or by the direction of said purchaser or purchasers, when the value of the consideration exceeds one hundred dollars ($100.00), said tax to be at the rate of
four dollars and fifty cents ($4.50) eight dollars and fifty cents ($8.50) for each one thousand dollars ($1,000.00) or fractional part of one thousand dollars ($1,000.00) of the value of the consideration.
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 https://www.hayward-ca.gov/your-government/elections.
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 6, 2018, 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, July 31, 2018
Deadline for Filing Rebuttal Arguments: 5:00 P.M., Friday, August 10, 2018
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 July 31 and end on August 10, 2018; Rebuttal Arguments commence on August 10 and end on August 20, 2018. The review period for the Impartial Analysis commences on July 20 and ends on July 30, 2018.
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.
On Election Day, November 6, 2018, the polls will be open from 7 AM through 8 PM.
Dated: July 27, 2018
Miriam Lens, City Clerk
City of Hayward
The City Attorney has prepared an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure. For a copy of the ordinance, please call (510) 583-4400 and a copy will be emailed or mailed to you at no cost.
City Attorney's Impartial Analysis of Proposed Increase to Hayward's Real Property Transfer Tax
The City Council of the City of Hayward is submitting a measure to voters that would increase the rate of the tax imposed on transfers ofreal prope11y. This tax is known as a real property transfer tax. Currently, the rate on such transfers is $4.50 per $1,000 of value. The proposed rate is $8.50 per $1,000 of value. Ifapproved by a simple majority of voters voting on the measure, the new rate would remain in effect until modified or repealed by voters.
The real property transfer tax applies to transactions involving the sale and purchase of real property, including improved property with homes or commercial structures and unimproved land with no structures. The tax is paid when ownership transfers from the seller of the property to the purchaser of the property. In Hayward the tax can be paid by either the seller or the purchaser, or the tax can be shared between the seller and the purchaser. It is a one-time expense related to the transfer of ownership. It is unrelated to the annual payment of property taxes.
Funds generated by the real property transfer tax are deposited in Hayward's general fund. Such funds can be used for any legitimate City service but are typically used to pay for 9 11 emergency and firefighter response times, neighborhood police patrols, disaster preparedness, extended library hours and after-school programs, and repairing streets and sidewalks. Such funds cannot be taken or appropriated by the State of California.
If the proposed increase is approved, it is estimated the tax would generate $13 million annually, according to the Hayward Director of Finance. At the current rate, the tax generates $7.2 million annually.
A 'yes' vote is a vote in favor of the proposed increase. A 'no' vote is a vote against the proposed increase. If the proposed increase is not approved, the current rate would remain in effect.
Michael Lawson, City Attorney,
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.
The arguments about the proposed ballot measure T are the opinions of the authors. Please see below to view the argument in favor of the measure.
The arguments about the proposed ballot measure T are the opinions of the authors. Please see below to view the argument in opposition of the measure.
The Campaign Finance Disclosure Public Portal contains Fair Political Practices Commission (FPPC) Campaign Disclosure forms provided by candidates and committees. It can help answer questions about who is contributing money, who is receiving money, and how it is being spent.
Please use the Campaign Finance Disclosure Public Portal to search campaign statements files by candidates and committees.
For more information review Hayward Municipal Code Chapter 2 Article 13 - Campaign Contribution Practices for City Elective Office and Ballot Measures.