measure i registrar of voters

8/3/2019 Measure I registrar of voters

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City of OaklandFive-Year Parcel Tax

Ballot Measure

FULL TEXT

WHEREAS, the City of Oakland faces an unprecedented budget deficit in itsGeneral Purpose Fund due to impacts from the global, national, state, andregional recession; and

WHEREAS, the General Fund is the primary source of funding for functions suchas police, fire, parks and libraries; and

WHEREAS, state and federal budget takeaways as well as declining localrevenues put many of these vital City services and programs at risk of beingeliminated; and

WHEREAS, the City of Oakland has already made large cuts to essentialservices, eliminated hundreds of positions, and reduced employee compensationby 15% for almost all positions; and

WHEREAS, as a result of investments made to reduce crime and violence in theCity of Oakland, crime has declined three years in a row, and the City needs tostabilize funding so this progress continues; and

WHEREAS, the City Council determines it is in the best interests of the City ofOakland to submit to the voters this proposed ordinance imposing a temporary 5-

year parcel tax for the purpose of protecting vital City services including publicsafety, youth violence prevention, library services, parks and recreation services,and street repair; and

WHEREAS, at the general election of November 2, 1996, the voters of the Stateof California amended the state constitution, adding Article XIII C, which requiresthat all new or increased special taxes be submitted to the voters prior tobecoming effective; now, therefore be it

RESOLVED: That the City Council of the City of Oakland does hereby submit tothe voters at the November 15, 2011 special election, an Ordinance, which reads

as follows:


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PART 1. GENERAL

Section 1. PURPOSE

The City will use the proceeds of the special tax imposed under this

Ordinance to pay for any costs and expenses related to or arising from restoringCity:

a. Police services and police technologyb. Fire servicesc. Parks maintenance and recreational servicesd. Library services, including technologye. Youth violence preventionf. Street and infrastructure repairg. Senior services

Section 2. FINDINGS

1. This Ordinance is exempt from the California Environmental Quality Act,Public Resources Code section 21000 et seq., as it can be seen with certaintythat there is no possibility that the activity authorized herein may have asignificant effect on the environment.

2. Nothing in this Ordinance is intended to preclude owners fromrecovering the tax from the occupant. Whether the occupant is charged dependson the occupancy agreement and the requirements of the City's Residential RentAdjustment Program. (Oakland Municipal Code Chapter 8.22)

Section 3. EFFECTIVE DATE

The tax imposed by this Ordinance shall become effective upon passage.

Section 4. TERM OF TAX IMPOSITION

The taxes shall be imposed fiscal year 2011-2012 through, and including, fiscalyear 2015-2016. For the fiscal year 2011-2012, the tax is imposed on November15, 2011. Thereafter, tax is imposed on July 1 each year. The City shall placedelinquencies on a subsequent tax bill.

Section 5. SAVINGS CLAUSE

If any provision, sentence, clause, section or part of this Ordinance isfound to be unconstitutional, illegal or invalid by a court of competent jurisdiction,such unconstitutionality, illegality, or invalidity shall affect only such provision,sentence, clause, section or part of this Ordinance and shall not affect or impairany of the remaining provisions, sentences, clauses, sections or parts of this


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Ordinance. It is hereby declared that the City would have adopted this Ordinancehad such unconstitutional, illegal or invalid provision, sentence, clause, section orpart thereof not been included herein.

If any tax imposed by this Ordinance is found to be unconstitutional, illegal

or invalid by a court of competent jurisdiction, the amounts, services, programsand personnel required to be funded from such tax shall be reducedproportionately by any revenues lost due to such unconstitutionality, illegality orinvalidity.

Section 6. REGULATIONS

The City Administrator is hereby authorized to promulgate suchregulations as it shall deem necessary in order to implement the provisions ofthis Ordinance.

Section 7. NO AMENDMENT

The tax rates may not be increased by action of the City Council withoutthe applicable voter approval but the City Council may make any other changesto this Ordinance as are consistent with its purpose.

Section 8. INDEPENDENT ANNUAL REVIEW

An annual review shall be performed by an independent firm to ensureaccountability and proper disbursement of the proceeds in accordance with theobjectives stated herein. In accordance with Government Code sections 50075.1and 50075.3, the chief-fiscal officer shall prepare an annual report, setting forththe amount of funds collected and expended. Tax proceeds may be used to payfor the audit and annual report.

Section 9. SPECIAL ACCOUNT

The City shall deposit into a special account all funds collected by the Cityfrom the taxes imposed by this Ordinance and shall appropriate and expend suchfunds only for the purposes authorized by this Ordinance.

PART 2. PARCEL TAX

Section 1. DEFINITIONS

For purposes of this Ordinance, the "following terms shall be defined asset forth below:

(A) "Additional shall mean an increase in the existing number.


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(B) "Administrative Costs" shall mean overhead costs, including centralservices, departmental and/or divisional.

(C) "Building" shall mean any structure having a roof supported by columns

or, by walls and designed for the shelter or housing of any person, chattel orproperty of any kind. The word "Building" includes the word "structure."

(D) "Family" shall mean one or more persons related by blood, marriage,domestic partnership, or adoption, who are living together in a singleresidential unit and maintaining a common household. Family shall also meanall unrelated persons who live together in a single Residential Unit andmaintain a common household.

(E) "Hotel" shall mean as defined by Oakland Municipal Code section4.24.020.

(F) "Multiple Residential Unit Parcel" shall mean a parcel zoned for a Building,or those portions thereof, which accommodates or is intended to contain twoor more residential units.

(G) "Non-Residential" shall mean all parcels that are not classified by thisOrdinance as Residential Parcels, and shall include, but not be limited to,parcels for industrial, commercial and institutional improvements, whether ornot currently developed.

(H) "Occupancy" shall be as defined by Oakland Municipal Code section4.24.020.

(I) "Operator" shall be as defined by Oakland Municipal Code section4.24.020.

(J) "Owner" shall mean the Person having title to real estate as shown on themost current official assessment roll of the Alameda County Assessor.

(K) "Parcel" shall mean a unit of real estate in the City of Oakland as shownon the most current official assessment roll of the Alameda County Assessor.

(L) "Person" shall mean an individual, firm, partnership, joint venture,association, social club, fraternal organization, joint stock company,corporation, estate, trust, business trust, receiver, trustee, syndicate, or anyother group or combination acting as a unit.

(M) "Possessory Interest" as it applies to property owned by any agency ofthe government of the United States, the State of California, or any politicalsubdivision thereof, shall mean possession of, claim to, or right to the


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possession of, land or Improvements and shall include any exclusive right tothe use of such and or Improvements.

(N) "Residential Unit" shall mean a Building or portion of a Buildingdesigned for or occupied exclusively by one Family.

(0) "Single Family Residential Parcel" shall mean a parcel zoned for singlefamily residences, whether or not developed.

(P) "Transient" shall mean any individual who exercises Occupancy of ahotel or is entitled to Occupancy by reason of concession, permit, right of access,license or other agreement for a period of thirty (30) consecutive calendar daysor less, counting portions of calendar days as full days. Any individual sooccupying space in a Hotel shall be deemed to be a Transient until the period ofthirty (30) consecutive days has elapsed.

Section 2. IMPOSITION OF PARCEL TAX

There is hereby imposed a tax on all Owners of parcels in the City ofOakland for the privilege of using municipal services and the availability of suchservices. The tax imposed by this Section shall be assessed on the Ownerunless the Owner is by law exempt from taxation, in which case, the tax imposedshall be assessed to the holder of any Possessory Interest in such parcel, unlesssuch holder is also by law exempt from taxation. The tax is imposed as of July 1of each year on the person who owned the parcel on that date. The tax shall becollected at the same time, by the same officials, and pursuant to the sameprocedures as the one percent property tax imposed pursuant to Article XIII A ofthe California Constitution.

Base Amount of Tax. The tax hereby imposed shall be set as followssubject to adjustment as provided in Section 5 below:

(A) For owners of all Single Family Residential Parcels, the tax shall be at theannual rate of $80 per parcel.

(B) For owners of all Multiple Residential Unit Parcels, the tax shall be at theannual rate of per Residential Unit of $54.66.

(C) The tax for Non-Residential Parcels is calculated using both frontage andsquare footage measurements to determine total Single Family Residential UnitEquivalents (SFE). A frontage of 80 feet for a commercial/industrial parcel, forexample, is equal to one (1) single family resident unit equivalent. (See matrix.)An area of 6,400 square feet for the commercial industrial parcel is equal to one(1) single family resident unit equivalent. The tax is the annual rate ($40.97)multiplied by the total number of Single Family Equivalents (determined by thefrontage and square footage).


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LAND USE CATEGORY FRONTAGE AREA (SF)

Commercial/Institutional 80 6,400

Industrial 100 10,000Public Utility 1,000 100,000Golf Course 500 100,000Quarry 1,000 250,000

Example: assessment calculation for a Commercial Institutional Parcel with aFrontage of 160 feet and an Area of 12,800 square feet:

Frontage

160 feet + 80 = 2 SFE

Area12,800 square feet + 6,400 = 2 SFE

2 SFE + 2 SFE = 4 SFE

4 SFE x $40.97 = $163.88 tax

(D) An Owner of An Undeveloped Parcel is exempt from this parcel tax ifthe owner can prove that the parcel was undeveloped for at least six months of

the year in question.

(E) The tax imposed by this Ordinance shall be imposed on each Hotelwithin the City as follows:

1. Residential Hotels Rooms in a Hotel occupied by individuals whowere not Transients for 80% or more of the previous Fiscal Year shall be deemedResidential Units and the parcel on which they are located shall be subject to theParcel tax imposed on Multiple Residential Unit Parcels. The remainder of theBuilding shall be subject to the applicable tax computed in accordance with theSingle Family Residential Unit Equivalent formula set forth in Section 2(C).

2. Transient Hotels Notwithstanding the previous subsection, if80% or more of the Operator's gross receipts for the previous Fiscal Year werereported as rent received from Transients on a return filed by the Operator incompliance With section 4.24.010 of the Oakland Municipal Code (commonlyknown as the Uniform Transient Occupancy Tax of the City of Oakland), suchHotel shall be deemed a Transient Hotel. The entire Building shall be deemed aNon-Residential Parcel, categorized as Commercial/Institutional, and shall be


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subject to the applicable tax computed in accordance with the Single FamilyResidential Unit Equivalent formula set forth in Section 2(C), and the parcel taximposed on Multiple Residential Units shall not apply.

Section 3. EXEMPTIONS, REBATES, REDUCTIONS AND PASS-

THROUGHS

(A) Low income household exemption. The following is exempt from thistax: an Owner of a single family residential unit (1) who resides in such unit and(2) whose combined family income, from all sources for the previous fiscal year,is at or below the income level qualifying as "very low income" for a Family ofsuch size under Section 8 of the United States Housing Act of 1937 (42 U.S.C.A.Sections 1437 et. seq.,) for such fiscal year. Owners must apply for theexemption provided for in this section annually by petition to the Director of theFinance and Management Agency of the City of Oakland ("Director of Finance")in the manner and time set forth in procedures established by the Director of

Finance. Such petitions shall be on forms provided by the Director of Financeand shall provide such information as the Director of Finance shall require,including, but not limited to, federal income tax returns and W-2 forms of owner-occupants eligible for this exemption.

(B) Tenant pass-through. The City Council is directed to amend the RentAdjustment Ordinance (O.M.C. 8.22.010, et seq. or successor ordinance) toprovide that owners of rental units subject to the Rent Adjustment Ordinance maypass through one half of the tax and subsequent increases thereto (as set out inPart 3, Section 2(B) to their tenants in the form of a rent increase when the BaseAmount of the Tax is imposed or increased.

(C) Fifty percent reduction for affordable housing projects. Rentalhousing owned by nonprofit corporations and nonprofit-controlled partnershipsfor senior, disabled and low income households that are exempt from ad valoremproperty tax pursuant California Revenue and Taxation Code 214(f), (g) and (h)shall be liable for only 50% of the parcel tax. The exemption shall apply in thesame proportion that is exempted from ad valorem property tax.

(D) Rebate to tenants in foreclosed single family homes. The City willprovide a rebate of one-half of the tax and subsequent increases thereto("Foreclosure Rebate") to tenants in single family homes that have beenforeclosed upon who have paid a passed through Parcel Tax. To qualify for theForeclosure Rebate, a tenant must: (1) have lived in the unit before foreclosureproceedings commenced; and (2) be at or below the income level qualifying as"very low income" for a Family of such size under Section 8 of the United StatesHousing Act of 1937 (42 U.S.C.A. Sections 1437 et. seq.,) for such fiscal year.The City will provide the Foreclosure Rebate for every month that the tax wasapplied and the tenant occupied the unit The City will provide the ForeclosureRebate at the end of each fiscal year, or when the tenant vacates the unit,


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whichever is earlier. The City Administrator will promulgate regulations toeffectuate this Part 3, Section 3 (D).

Section 4. DUTIES OFTHE DIRECTOR OF FINANCE; NOTICE OFDECISIONS

It shall be the duty of the Director of the Finance and Management Agency("Director of Finance") to collect and receive all taxes imposed by this Ordinance.The Director of Finance is charged with the enforcement of this Ordinance andmay adopt rules and regulations relating to such enforcement.

Section 5. EXAMINATION OF BOOKS, RECORDS, WITNESSES;PENALTIES

The Director of Finance or his/her designee is hereby authorized to

examine assessment rolls, property tax records, records of the Alameda CountyRecorder and any other records of the County of Alameda deemed necessary inorder to determine ownership of Parcels and computation of the tax imposed bythis Ordinance.

The Director of Finance or his/her designee is hereby authorized toexamine the books, papers and records of any person subject to the tax imposedby this Ordinance for the purpose of verifying the accuracy of any petition, claimor return filed and to ascertain the tax due. The Director of Finance, or his/herdesignee is hereby authorized to examine any person, under oath, for thepurpose of verifying the accuracy of any petition, claim or return filed or toascertain the tax due under this Ordinance and for this purpose may compel theproduction of books, papers and records before him/her, whether as parties orwitnesses, whenever s/he believes such persons have knowledge of suchmatters. The refusal of such examination by any person subject to the tax shallbe deemed a violation of this Ordinance and of the Oakland Municipal Code andsubject to any and all remedies specified therein.

Section 6. COLLECTION OF TAX; INTEREST AND PENALTIES

The tax for the fiscal year 2011-2012 shall be levied and imposed at thefull annual rate. At the option of the City, fiscal year 2011, 2012 taxes may becollected by hand billing or may be collected at the direction of the City by theAlameda County Tax Collector. Thereafter, the tax levied and imposed by thisordinance shall be due and payable on July 1 of each year, but it may be paid intwo installments due no later than December 10 and April 10.

The tax shall be delinquent if the City does not receive it on or before thedelinquency date set forth in the notice mailed to the Owners address as shownon the most current assessment roll of the Alameda County Tax Collector; and


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the tax shall be collected in such a manner as the City Council may decide. TheCity may place delinquencies on a subsequent tax bill.

A one-time penalty at a rate set by the City Council, which in no eventshall exceed 25% of the tax due per fiscal year, is hereby imposed by this

ordinance on all taxpayers who fail to timely pay the tax provided by thisOrdinance; in addition, the City Council may assess interest at the rate of 1% permonth on the unpaid tax and the penalty thereon.

Every penalty imposed and such interest as accrues under the provisionsof this ordinance shall become a part of the tax herein required to be paid.

The City may authorize the County of Alameda to collect the taxesimposed by this Ordinance in conjunction with and at the same time and in thesame manner as the County collects property taxes for the City. If the City electsto authorize the County of Alameda to collect the tax, penalties and interest shall

be those applicable to the nonpayment of property taxes.

Section 7. COLLECTION OF UNPAID TAXES

The amount of any tax, penalty, and interest imposed under the provisionsof this ordinance shall be deemed a debt to the City. Any person owing moneyunder the provisions of this Ordinance shall be liable to an action brought in thename of the City for the recovery for such amount.

Section 8. REFUND OF TAX, PENALTY, OR INTEREST PAID MORETHAN ONCE; OR ERRONEOUSLY OR ILLEGALLY COLLECTED

Whenever the amount of any tax, penalty, or interest imposed by thisOrdinance has been paid more than once, or has been erroneously or illegallycollected or received by the City it may be refunded provided a verified claim inwriting therefore, stating the specific ground upon which such claim is founded, isfiled with the Director of Finance within 1 (one) year of the date of payment. Theclaim shall be filed by the person who paid the tax or such person's guardian,conservator of the executor of her or his estate. No claim may be filed on behalfof other taxpayers or a class of taxpayers. The claim shall be reviewed by theDirector of Finance and shall be made on forms provided by the Directorof Finance. If the claim is approved by the Director of Finance, the excessamount collected or paid may be refunded or may be credited against anyamounts then due and payable from the Person from who it was collected or bywhom paid, and the balance may be refunded to such Person, is/heradministrators or executors. Filing a claim shall be a condition precedent to legalaction against the City for a refund of the tax.


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BALLOT TITLE:

A Proposed Ordinance Creating A Temporary Fiscal Emergency Special Parcel Tax To RestoreCity Fire And Police Services, Youth Violence Prevention, Park Maintenance And RecreationalServices, Library And Senior Services, And Street And Infrastructure Repair

BALLOT SUMMARY:

This measure would authorize the City of Oakland to impose a five-year "special" parcel tax.This is a "special" parcel tax because the City can use the tax revenue only for the followingpurposes specified in the measure: to fund the costs of restoring police and fire services, policetechnology, park maintenance and recreational services, library services, including technology,youth violence prevention, street and infrastructure repair, and senior services.

An annual review is required to ensure the proper use of parcel tax revenue. The tax

will be imposed through fiscal year 2015-2016.

For each single family residential parcel, the parcel tax will be $80.00. For multiple unitresidential parcels, the parcel tax will be $54.66 per unit. For non-residential parcels, the parceltax will vary depending on the frontage and square footage of the parcel, based on the formulaspecified in Part 2, Section 2 (C) of the ordinance. An exemption from the parcel tax is availableto qualifying low income households.

Passage of this measure requires approval by two-thirds of the electorate. A "yes" votewill approve the parcel tax for the uses specified in the ordinance; a "no" vote will rejectthe parcel tax.

Barbara a. ParkerCity Attorney


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CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE I

This measure creates a five-year "special" parcel tax to address the fiscal needs of the City. A"special" tax is a tax that the City can use only for the purposes specified in the tax measure. Thetax would be effective for fiscal year ("FY") 2011-2012 through FY 2015-2016. The tax rates in

this measure comply with the California Constitution. The measure must be approved by two-thirds ofOakland voters.Purpose of Tax

The tax revenue may be used only to restore City:

Police services and police technologyFire servicesParks maintenance and recreational servicesLibrary services, including technology

Youth violence preventionStreet and infrastructure repairSenior Services

The City Council is obligated to ensure that revenue generated by this specialparcel tax is used only for the purposes specified above. The City Council has discretionto decide how to allocate the funds among the listed categories.

Cost of Tax

The tax will cost owner of a single family residential parcel $80.00 annually. Multipleunit residential parcels will be taxed at $54.66 per unit. The tax for nonresidential parcels will bebased on frontage and square footage of the parcel, in accordance with the formula specified inPart 2, Section 2(C) of the ordinance. Hotels taxes will depend upon the percentage of transientoccupancy, in accordance with the formula specified in Part 2, Section 2(E) of the ordinance.

The ordinance directs City Council to amend the Rent Adjustment Ordinance to allowowners of rental units to pass through one-half of the tax to their tenants in the form of a rentincrease.

Tax Exemptions and Reductions

The measure exempts the following:

1) Low Income Households: An owner who lives on the parcel in question and whoseincome qualifies the owner for public housing under federal law as a "very low income"individual.


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2) Undeveloped parcels: An, owner of an undeveloped parcel is exempt from the tax ifthe parcel was undeveloped for at least six months of the year.

The measure reduces the tax as follows:

1) Affordable housing projects:Rental housing projects for senior, disabled and low-income households that are owned bynonprofits and exempt from ad valorem property tax are liable for only 50 % of the tax.

2) Rebates to tenants in foreclosed single family homes:The City will provide a rebate of one-half of the tax and any subsequent increases if a tenant (i)

lived in the unit before foreclosure proceedings commenced; and (ii) is at or below the incomeconsidered "very low income" so that the tenant qualifies for public housing under federal law.

Annual Review and Report

This measure also requires an annual review by an independent firm. It further requires that thechief fiscal officer prepare an annual report stating the amount of funds the City has collectedand expended. The measure authorizes the City to use tax proceeds pay the cost of the report.

Barbara J. ParkerCity Attorney


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CITY AUDITOR'S IMPARTIAL FINANCIAL ANALYSIS OF MEASURE I

Measure I authorizes the City of Oakland to impose a temporary parcel tax on residents in the

City of Oakland for five years, beginning fiscal year (FY) 2011-12 and ending FY 2015-16. Thetax proceeds will be deposited into a special account and may be used to pay for any costs andexpenses related to or arising from City:

Police Services and Police technology Fire Services Parks and Recreational Services Library Services, including technology Youth Violence Prevention Street and infrastructure repair

The tax rates may not be increased by action of the City Council without the applicable voterapproval but the City Council may make any other changes to this Ordinance as are consistentwith its purpose. An annual review shall be performed by an independent firm to ensureaccountability and proper disbursement of the proceeds in accordance with the objectives statedwithin the measure. The chief fiscal officer shall prepare an annual report, setting forth theamount of fund collected and expended. Tax proceeds may be used to pay for the audit andannual report.

Under the proposed parcel tax increase, Single-Family Residential Parcels will incur an annualrate of $80 per parcel; Multiple-Family Residential Unit Parcels will incur an annual tax of$54.66 per unit; Non-Residential Parcels are calculated by multiplying the annual tax rate of

$40.97 by the total number of Single Family Equivalents (determined by the frontage and squarefootage).

Financial Impact

Under the proposed new parcel tax, the City is projecting to receive $12,052,379 in parcel taxesfor FY 2011-12, The parcel tax under each classification is shown below:

Office of the City Administrator's Analysis

Classification No. of Parcels

# Units Per

Single FamilyResidential

UnitEquivalents

ProposedAssessmentFY 11-12

ProposedAssessmentFY 11-12

Single-Family 80,855 80,855 $80.00 $6,468,400Multi-Family 16,723 79,071 $54.66 $4,322,021

Non-Residential 8,129 30,802 $40.97 $1,261,958Total 105,707 190,728 - $12,052,379


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The total amount in parcel tax revenue projected for all five years is $60,261,894. However, theprojected net revenue after exemptions and fees is $55,590,793, as illustrated below.

Office of the City Administrator's Analysis

Year Fiscal Year

Estimated Revenueprior to low income

exemption,delinquency factor &Countv collection fee

Net EstimatedRevenue after

exemptions & fees

1 FY 2011-12 $12,052,379 $11,118,1592 FY 2012-13 $12,052,379 $11,118,1593 FY 2013-14 $12,052,379 $11,118,159

4 FY 2014-15 $12,052,379 $11,118,159

5 FY 2015-16 $12,052,379 $11,118,159Total $60,261,894 $55, 590,793

In its analysis, the City Administration did not factor in taxes imposed on Residential Hotels andtax exemptions for Affordable Housing Projects and Foreclosed Single Family Homes. The CityAdministration did factor in low income exemptions, delinquencies and the county collectionfee.

Based on our analysis of the data provided by City staff, the projected revenues appear accurate.We relied on the best data available at this time, however actual results may vary from City staff

estimates.

s/COURTNEY A. RUBY, CPA, CFECity Auditor


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Fair Share Parcel Tax

Oakland is making progress, and we need to keep moving forward. We can'tafford to go back. Over the past five years; Oakland has cut more than $170million in urgently needed services, eliminated 528 positions, and cut itsbudget by 25%.

Measure I, for 25 cents per day, will provide $11 million a year for the nextfive years, and give Oakland the ability to recover from the worst recessionsince the depression.

Measure I will:

Restore longer-day services at senior centers Support public safety technology Add crews to fix potholes Restore park maintenance staff Support youth violence intervention programs And other urgently needed city services.

This is the final step in the City's Fair Share Budget process. After toughdecisions, painful cuts and employee give backs of an additional 9% on topof previous year contributions, we ask the community to vote yes onMeasure I to prepare Oakland to be poised to take off when the economyrecovers.

A coalition of community advocates, business leaders, seniors, librarypatrons, parks supporters and Oaklanders from every district support theMeasure.

Oakland is beginning to make progress in many areas. Let's help keepmoving forward.


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Continuously asking Oaklanders to pay more taxes is not the solution to getting Oaklandback on track. We say this tax is the wrong solution.

Here we are again facing another regressive property tax of $80 per parcel, being told thatthe City's budget has been cut by 25% and that's why we should pay more taxes.There's nothing indicating these funds will be handled any more wisely or efficiently than the

last parcel tax we agreed to. To this day we don't get what we were promised in2004 under Measure Y, yet we still pay that tax.

Proponents claim that this measure will restore or support numerous services and programsbut the measure DOES NOT require any improvements and has no accountability. Themoney could easily, and legally, be used to pay for pensions or salaries that are currentlybankrupting the City. It does nothing to address the City's structural problems, including a$450 million pension debt that the City has no plan on how to repay. Proponents shouldfocus their time addressing the debt associated with our current pension system rather thanasking Oaklanders to pay higher taxes.

$80 is a lot of money ($400 over five years), particularly for homeowners who are on thebrink of foreclosure, and others who can barely make their monthly rent payments.

This is another tax-grab without proof that our tax dollars will be spent wisely or efficiently.Demand real reform; don't give the City another blank check. Vote NO.


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This measure would add a new property tax of $80 per parcel in Oakland and hasno accountability. This would bring the current fixed taxes to $820 annuallyrepresenting a 27% increase on Oakland Specific Taxes. This tax doesn't take intoaccount your income level or property value; and it can be passed onto renters.This is a regressive tax and should be defeated.

There's NO guarantee that more money will translate into increased service levels.This measure doesn't include specifics about how your tax dollars will be used; itonly includes a laundry list of things the tax "may be used for."

Oakland has the HIGHEST property tax rate in Alameda County. In 2008,Oakland homeowners paid $7,300 in property taxes on a home worth $500,000;the average in Alameda County was $6,300. Oakland's unemployment rate of 15%has led to thousands of foreclosures. In the last three years over 12,000 propertiesin Oakland have gone into foreclosure proceedings, with rates this high, it'sunfathomable that homeowners be asked to pay more taxes. In fact, the authors ofthis tax themselves recognize the City of Oakland is being impacted by the Global,National, State, and Regional recession, yet they want to ask you to pay moretaxes as if the recession has not impacted your checkbook.

What Oakland needs is structural change, change that can be achieved withoutincreasing taxes; Government needs to do more with less just like everyone else inthis down economy.

Let's not resort to quick fixes on the backs of struggling homeowners and renters.Let's, demand implementation of systems that show efficient use of resources,measure workloads and ensure accountability.

We urge a NO Vote. This is another tax-grab without proof that our tax dollars arespent wisely or efficiently.


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REBUTTAL (Draft 2 - 248 words)

Check the facts, then join us in voting YES on Measure I the 25-cent, temporary measure to restoreservices.

We're voting YES on Measure I because it restores essential services like full-day seniorcenters, street repair, public safety, library and Iiteracv programs, and park maintenance.

We're voting YES because it costs homeowners less than 25-cents per day, shares costsbetween landlords and tenants, assesses commercial properties based on square footage,and provides an exemption for low income families.

We're voting YES because it requires the City to submit to annual reviews by an independentauthority to ensure accountability, and it expires in 5 years.

We're voting YES because it's part of the "Fair Share" budget, with all City employeescontributing to retirement savings and taking cuts up to 10%.

This year's budget slashes bureaucracy and collapses departments while preserving as many front-line jobs as possible. Measure I means restoration of park maintenance, library and literacy programs,and full day activities at senior centers, plus other essential services.

Oakland is already doing more with less: the City has cut 25% from its general fund over the past fiveYears, eliminated 528 positions, and put major reforms in place.

We are a diverse coalition of people who love Oakland. We don't agree on everything, but we agreethat this crisis demands a balanced approach, not a Tea-Party style, all-cuts approach.

Join us in Voting YES on Measure I to keep Oakland moving forward.


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MEASUREI

DeclarationofAuthor(s)ofArguments

ArgumentinFavor 1. JeanQuanMayor2. AnthonyBattsChiefofPolice3. MarkHoffmannFireChief4. CarmenMartinezDirectorLibraryServices5. SusanMontauk

ArgumentAgainst 1. IgnacioDeLaFuentePresidentProTempore2. DesleyBrooksViceMayor3. JillBroadhurstEastBayHousingAssociation,Directorof

CommunityAffairsandAdvocacy

4. JudithGhidinelliOaklandHomeowner5. JohnProtopappasOaklandBusinessOwner/Resident

RebuttaltoArgumentinFavor 1. FrankCastroChair,GreaterRockridgeNCPC2. MariaJ.VermiglioSanAntonio,NCPC,Member&Senior3. MarleenSacksAttorney/PublicSafetyAdvocate4. GloriaJefferyChairofMacArthurNCPC5. MimiRohrMontclairNCPCViceChair

RebuttaltoArgumentAgainst 1. LaurenceReidCityCouncilmember2. GordonDonLinkPastChairCommunityPolicingAdvisory

Board

3. PatriciaKernighanCityCouncilmember4. AlleneWarrenPastChairBeat35YNCPC5. DonnaGriggsMurphyChair,CityofOaklandCommissionon

Aging

measure i registrar of voters

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