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Alameda County, CA November 5, 2002 Election
Measure H
Property Transfer Tax
City of Albany

City Charter Amendment

2813 / 58.2% Yes votes ...... 2019 / 41.8% No votes

See Also: Index of all Measures

Results as of Nov 15 4:54pm, 100.0% of Precincts Reporting (11/11)
Information shown below: Impartial Analysis | Arguments |

Shall the Albany Municipal Code, Chapter 4-5 entitled "Real Property Transfer Tax" be amended to provide for an increase in the tax rate and to clarify when business entities that transfer shares or interests in the company are obligated to pay the tax, to read as is set forth in the Voter Pamphlet?

Impartial Analysis from the City Attorney
The Albany Municipal Code provides for a tax on transfers of real property, as defined in the code. The present rate is eighty five hundredths (85/100) of one percent (1%), or $8.50 per $1,000.00, based on the sale's price or value of consideration.

If this measure is approved by the majority of voters, the tax would be increased to one hundred fifteenths (115/100) of one percent (1%) or $11.50 per $1,000.00, effective January 1, 2003.

This measure also contains a section which modifies how the Albany Municipal Code defines what constitutes a transfer when title to property is held in the name of a business. The proposed measure defines a transaction as a transfer subject to the real property transfer tax when a corporation, partnership, or other business entity owns property in the business entity's name and sells its stock, shares, or interest. For example, if a business entity which owns the racetrack, also owns the real property and sells its stock or shares, a tax would be imposed on the value of the land. If this measure is not approved, then properties held in corporate or business names would not be subject to the transfer tax when the business or corporation is sold.
s/ROBERT ZWEBEN

 
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Arguments For Measure H Arguments Against Measure H
While the cost to provide police, fire, maintenance, and other City services continue to rise, Albany revenues are not keeping pace with these costs. A signifi- cant cause of the shortfall in revenue is the action by the State of California to take away property-tax revenue from cities. Over the past ten years, Albany has lost more than $5 million to the State and continues to lose more than $500,000 annually.

The City of Albany still remains vulnerable to a State take-away of our local revenues. As the State budget picture worsens, local government funds are targeted to solve the State budget deficit. We now receive less than 20 percent of your property tax dollar, and more could be lost. Meanwhile, the City has its own budget problems as it seeks to continue to provide the high quality and responsive services valued by our residents within the modest tax base of this primarily residential community. As other cities have done, Albany is seeking an increase in the property transfer tax to help fund city services. This tax is paid only when a property is sold and the seller and buyer usually share the cost. This tax is not an ongoing cost to the taxpayer.

Albany needs revenue to operate city services. Please join us in supporting the increase in the property-transfer tax. Vote "Yes" on Measure H.
s/JON ELY, Councilman
s/ROBERT CHEASTY, Former Mayor
s/RAYMOND H. ANDERSON, Traffic and Safety Commissioner
s/JOYCE A. JACKSON, Former Mayor, Community Volunteer
s/ELIZABETH K. BAKER, Former Mayor

Rebuttal to Arguments For
The argument in favor of Measure H makes the case that poor little Albany is the victim of forces beyond its control. In reality, Albany has known for a long time about these financial trends, which is why the cardroom idea was originally proposed. When the cardroom was derailed, the City should have immediately begun to develop alternatives, even it if meant making some difficult or unpopular choices. We now need to be realistic and do some damage control. Bleeding more and more out of property owners each year will eventually drag down our property values. Even a point of sale tax like this one will be added to the total tax burden most buyers consider before bidding on a property. If we agree to this increase now, it will only encourage continued reliance on property taxes and discourage the development of additional revenue sources. There are alternatives. For example, we might look at some development along the freeway. Lets say NO to Measure H for now and hold some community meetings to see where we go from here. It is a lot easier to put up new taxes in the future than to remove taxes once they are approved.
s/TONY CAINE, Albany Resident
s/WILLIAM McKENNA, Albany resident
This measure will increase the property transfer tax by about 30%. It will cost about $1200 more to sell a $400,000 property. This is another example of how Albany politicians pounce on property taxes as their primary source of new funding.

City Hall sees property taxes as a funding source of first resort instead of the last resort it should be. They do not work hard enough at finding new sources of funding and let funding sources which do not suit their political agendas (such as the voter approved cardroom) fall by the wayside. We can send them a message that enough is enough. The most effective way to do this is to vote down all three measures. Yes, it will force some austerity and discomfort on City Hall but it is the best way to send them in a new direction. Otherwise, you can expect more of these tax increases to appear on future ballots.
s/TONY CAINE, Albany Resident
s/WILLIAM McKENNA, Albany Resident
s/JOYCE ANDERSON, Albany Resident
s/JOHN ANDERSON, Albany Resident
s/WILLIAM E. DARIN, Albany Resident

Rebuttal to Arguments Against
Measure H helps secure Albany's commitment to delivering the high quality and responsive city services valued by Albany residents.

The property transfer tax is very favorable funding for Albany because:
1. 100% of the transfer tax goes to Albany.
2. This is a one time tax paid out of escrow when a property is sold. Whether the buyer or seller pays is negotiable.
3. The increased property values in Albany are the result of the high quality city services and schools, a quality our community has built and paid for over many years. It is only fair that the people coming into Albany pay something toward the cost of these high quality services.
4. The transfer tax is paid at a time when the seller is generally seeing a windfall from the sale of an Albany property so the tax is very small in contrast to the benefit to the seller, should the seller choose to split the tax with the buyer.
5. Example: A$400,000 property sale would net additional transfer tax fees of $1,200 for Albany.
6. It is paid on commercial as well as residential property.
7. Measure H closes a loophole so that large corporate land transfers pay their fair share.
8. Measure H is projected to produce more than $200,000 annually.

Albany needs reliable revenue to consistently operate police, fire, maintenance, and other city services for our benefit. Please join us in supporting the increase in the property-transfer tax. Vote "YES" on Measure H.
s/JON ELY, Councilman
s/ROBERT C. CHEASTY, Former Mayor
s/RAYMOND H. ANDERSON, Traffic and Safety Commissioner
s/JOYCE A. JACKSON, Former Mayor/Community Volunteer
s/ELIZABETH K. BAKER, Former Mayor


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