Resolution 14245CITY OF ALAMEDA RESOLUTION NO. 14245
SUBMITTING TO THE ELECTORS AT THE CONSOLIDATED
MUNICIPAL ELECTION IN THE CITY OF ALAMEDA ON
NOVEMBER 4, 2008, A PROPOSAL TO AMEND THE CITY OF
ALAMEDA MUNICIPAL CODE TO INCREASE THE REAL
PROPERTY TRANSFER TAX
WHEREAS, pursuant to Resolution No. 14215, the City Council of the
City of Alameda has called a Consolidated Municipal Election to be held on
November 4, 2008; and
WHEREAS, the City Council of the City of Alameda hereby proposes to
submit to the voters at said election a measure to increase the real property
transfer tax imposed under § 3-58.2 of the Alameda Municipal Code; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF ALAMEDA THAT:
1. At the Consolidated Municipal Election to be held on November
4, 2008, there shall be submitted to the qualified voters of the City of Alameda
an ordinance amending § 3-58.2 of the Alameda Municipal Code.
2. The text of the measure, labeled as Measure YYY, which may
be redesignated by the County Clerk, is attached hereto as Exhibit A, and
incorporated herein by this reference.
3. The procedures for voting for and against said question shall be
those established by Alameda County and the question shall be printed in
substantially the following form:
MEASURE YYY. CITY OF ALAMEDA REAL
PROPERTY TRANSACTION TAX MEASURE.
To maintain essential City services such as
keeping existing fire stations open; maintaining
neighborhood policing programs; improving
traffic flow and pedestrian and bicycle safety;
preventing recreation program cutbacks; and
restoring previously reduced library hours; shall
the City of Alameda increase the City real
property transfer tax, charged when a property is
sold, from $5.40 to $12.00 per $1,000.00 of
value, limited to 20 years and subject to audits?
YES
NO
4. The City Council adopts the provisions of subdivision (a) of
section 9285 of the Elections Code to permit rebuttal arguments, if arguments
have been filed in favor of or against Measure YYY.
5. Pursuant to California Elections Code Section 9280, the City
Council hereby directs the City Clerk to transmit a copy of the measure to the
City Attorney. The City Attorney shall prepare an impartial analysis of the
measure, not to exceed 500 words in length, showing the effect of the measure
on the existing law and the operation of the measure, and transmit such
impartial analysis to the City Clerk within ten (10) days of the adoption of this
Resolution.
6. The City Clerk is hereby directed to file a certified copy of this
resolution with the Alameda County Clerk of the Board of Supervisors and the
County Registrar of Voters in sufficient time so that the measure may be
included in the November 4, 2008, Consolidated General Municipal' Election
ballot.
7. The measure proposes a general tax and shall be approved if a
majority of those voting on the measure approve it.
*
EXHIBIT A
MEASURE YYY — TEXT OF PROPOSED ORDINANCE
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING SECTION 3 -58 OF DIVISION I OF ARTICLE II OF CHAPTER III
OF THE ALAMEDA MUNICIPAL CODE, THE REAL PROPERTY
TRANSACTION TAX
THE PEOPLE OF THE CITY OF ALAMEDA DO ORDAIN AS
FOLLOWS:
Section 1. Code Amendment. Subsection 3 -58.2 of the Alameda
Municipal Code is hereby amended to read as follows:
3 -58.2 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 sold located in the City;
are or is granted, assigned, transferred or otherwise conveyed to, or vested in,
a purchaser thereof, or any other person at or by the direction of the purchaser,
when the value of the consideration exceeds one hundred ($100.00) dollars, the
tax to be fivo twelve dollars ($12.00) and forty conts ($540) for each one
thousand ($1,000.00) dollars or fractional part of one thousand ($1,000.00)
dollars of the value of the consideration.
As used herein, value of the consideration shall mean the total
consideration, valued in money of the United States, paid or delivered or
contracted to be paid or delivered in return for the transfer of real property,
including the amount of any indebtedness, existing immediately prior to the
transfer which is secured by a lien, deed or trust or other encumbrance on the
property conveyed and which continues to be secured by such lien, deed of
trust or encumbrance after the transfer, and also including the amount of any
indebtedness which is secured by a lien, deed or trust or encumbrance given or
placed upon the property in connection with the transfer to secure the payment
of the purchase price or any part thereof which remains unpaid at the time of
the transfer. Value of the consideration also includes the amount of any special
assessment levied or imposed upon the property by a public body, district or
agency, where the special assessment is a lien or encumbrance on the property
and the purchaser or transferee agrees to pay such special assessment. The
value of any lien or encumbrance of a type other than those which are
hereinabove specifically included, existing immediately prior to the transfer and
remaining after said transfer, shall not be included in determining the value of
the consideration. If the value of the consideration cannot be definitely
determined, or is left open to be fixed by future contingencies, value of
consideration shall mean the fair market value of the property at the time of
transfer after deducting the amount of any lien or encumbrance if any, of a type
which would be excluded in determining the value of the consideration pursuant
to above provisions of this subsection."
Section 2. Code Amendment. Subsection 3 -58.4 of the Alameda
Municipal Code is hereby amended to read as follows:
3 -58.4 Exemption.
The tax imposed pursuant to section 3 -58.2 shall not apply to any
transaction that is exempt from taxation pursuant to Chapter 3 of Part 6.7 of
Division 2 of the California Revenue and Taxation Code as it now reads or may
hereafter be amended:
a. Written Security instrument. Any
ax imposed pursuant to this section
confirmation, approval or change.
Holding Company Act of 1935.
3. Such conveyance' is made in obedience to such order,
e. Partnerships.
in a partnership or otherwise, if:
Internal Revenue Code; and
(b) Such continuing partnership continues to hold the r alty
concerned.
Internal Revenue Code for purposes of this section, such partnership
the time of such termination.
reason of a termination described in subparagraph 2., and any transfer
the time of such termination."
Section 3. Repeal. Subsection 3-58.5 of the Alameda Municipal Code
is hereby repealed, but transfers in lieu of foreclosure shall remain exempt from
tax as provided in subsection 3-58.4 of that Code.
Section 4. Code Amendment. Subsection 3-58.6 of the Alameda
Municipal Code is hereby amended to read as follows:
3-58.6 Administration of Tax.
The
Collector) County Recorder shall collect the tax imposed under this section 3-
58.2 and shall otherwise administer this section such tax in conformity with the
provisions of Part 6.7 of Division 2 of the California Revenue and Taxation
Code and the provisions of any county ordinance adopted pursuant thereto .
i=tel-sheNotwithstanding the preceding sentence, the City Tax Collector may
make such rules and regulations, not inconsistent with the subsection 3-58.2,
as he/she may deem reasonably necessary or desirable to administer this- the
tax imposed under that section. In the administration of this section such tax,
the City Tax Collector shall interpret its provisions consistently with those
Documentary Stamp Tax Regulations adopted by the Internal Revenue Service
of the United States Treasury Department which relate to the Tax on
Conveyances except that for the purposes of this section:
a. Realty, as used in the regulations, shall mean real property as such
term is defined by and under the laws of the State of California.
b. Those provisions of the regulations providing for deduction of the
value of any lien or encumbrance existing before the sale and not removed
thereby shall not apply.
c. Those provisions of the regulations relating to the rate of the tax shall
not apply.
d. Those provisions of the regulations which conflict with the provisions
of this section shall not apply."
'Section 5. Amendment of Ordinance. The tax imposed under
Alameda Municipal Code § 3-58.2, as amended by this Ordinance, may be
repealed or amended by the City Council without a vote of the people except as
follows: as required by Proposition 218, any amendment that increases the
amount or rate of tax beyond the levels authorized by this Ordinance may not
take effect unless approved by a vote of the people. The City Council may
impose the tax in any amount or rate which does not exceed the rate approved
by the voters of the City.
Section 6. Severability. If any section, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unenforceable
by a court of competent jurisdiction, the remaining sections, sentences, clauses,
phrases, or portions of this ordinance shall nonetheless remain in full force and
effect. The people of the City of Alameda hereby declare that they would have
adopted each section, sentence, clause, phrase, or portion of this Ordinance,
irrespective of the fact that any one or more sections, sentences, clauses,
phrases, or portions of this Ordinance be declared invalid or unenforceable and,
to that end, the provisions of this Ordinance are severable.
Section 7. Majority Approval; Effective Date. This Ordinance shall be
effective only if approved by a majority of the voters voting thereon and shall go
into effect ten (10) days after the vote is declared by the City Council.
Presiding Officer of the Council
ATTEST:
Lara Weisiger, City Clerk
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 15th day of July, 2008, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 16th day of July, 2008.
Lara Weisiger, City
City of Alameda