General Election 2022
Measure DT
- Election Date
- Nov 8, 2022
English
Shall the measure to enhance the City of Santa Monica’s general governmental services by increasing the one-time tax on real property sales over $8 million, and establishing an additional incremental tax of $25.00 per $1000 of the value in excess of $8 million, excepting transfers: per State law, involving tax-exempt charitable organizations, and certain ground leases; providing an estimated $12-25 million annually through February 28, 2033, subject to a five-year extension by Council supermajority vote, be adopted?
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- Text of Measure
- Impartial Analysis
- Argument in Favor
- Rebuttal to Argument in Favor
- Argument Against
- Rebuttal to Argument Against
Text of Measure
SECTION 1. Chapter 6.96 of the Santa Municipal Code is amended to read as follows:
6.96.010 Title.
This Chapter shall be known as the “Real Property Transfer Tax Ordinance of the City of Santa Monica.” It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California and other authority held as a charter city.
For purposes of this Chapter, the following terms shall have the following meanings:
(a) “Affordable Housing Transfer” shall mean a transfer of property to: (1) a nonprofit corporation; (2) a limited partnership or limited liability company in which a nonprofit corporation is the managing general partner or managing member; or (3) a community land trust (as defined by Revenue and Taxation Code Section 402.1) and operated in accordance with Revenue and Taxation Code Section 214.18, if the property is subject to a binding agreement or covenant recorded on the real property and enforceable by the City to provide all residential units on the property (other than units reserved for on-site property managers) at an affordable rent or affordable housing cost to lower income households as defined in California Health and Safety Code Section 50079.5;
(b) “City” shall mean the City of Santa Monica;
(c) “City
Collected Portion” shall mean, with respect to any Second Tier Tax owed,
one-half of that Second Tier Tax;
(dc) “County”
shall mean the County of Los Angeles;
(e) “County
Collected Portion” shall mean, with respect to any Second Tier Tax owed,
one-half of that Second Tier Tax;
(fd) “First
Tier Tax” shall mean the City-imposed tax pursuant to this Chapter to be paid
at the First Tier Tax Rate on any sale or transfer within the City;
(ge) “First
Tier Tax Rate” shall mean the tax rate of three dollars for each one thousand
dollars of consideration or property value, or fractional part thereof, which
tax rate is equivalent to the tax rate that shall remain in effect prior to
March 1, 2021;
(f) “Realty Sold” includes but is not limited to, any acquisition, sale, or transfer of ownership interests in a legal entity that would be a change of ownership of the entity’s real property under California Revenue and Taxation Code § 64;
(hg) “Second
Tier Tax” shall mean the City-imposed tax pursuant to this Chapter to be paid
at the Second Tier Tax Rate on any sale or transfer within the City;
(i) “Second
Tier Tax Agreement” shall mean a fully executed and binding agreement between
City and County that requires the County to administer the entirety of the
Second Tier Tax;
(jh) “Second
Tier Tax Rate” shall mean the tax rate of six dollars for each one thousand
dollars of consideration or property value, or fractional part thereof.
(i) “Third Tier Tax” shall mean the City-imposed tax pursuant to this Chapter to be paid at the Third Tier Tax Rate on any sale or transfer within the City.
(j) “Third Tier Tax Rate” shall mean the additional incremental tax of twenty-five dollars for each thousand dollars of consideration or property value, or fractional part thereof, applied solely to the amount of consideration or value that exceeds $8,000,000.
6.96.020 Transfers affected and amount of tax.
Effective
March 1, 20212023, there is hereby imposed on each deed,
instrument, or writing by which any lands, tenements, or other realty sold
Realty Sold within the City shall be granted, assigned, transferred or
otherwise conveyed to, or vested in, the purchaser or purchasers, or any other
person or persons, by his, her or their direction, when the consideration or
value of the interest or property conveyed (exclusive of the value of any lien
or encumbrance remaining thereon at the time of sale) exceeds one hundred
dollars, a tax at the rates set forth below:
(a) For
sales or transfers when the consideration or value of the interest or property
conveyed is less than five million dollars$5,000,000, the First
Tier Tax Rate; and
(b) For
sales or transfers when the consideration or value of the interest or property
conveyed is greater than or equal to five million dollars$5,000,000,
the Second Tier Tax Rate.
(c) For sales or transfer when the consideration or value of the interest or property conveyed is greater than eight million dollars, the Second Tier Tax Rate on the entire amount of consideration or value plus the Third Tier Tax Rate on the portion of consideration or value that exceeds $8,000,0000.
Prior
to March 1, 20212023, the tax at the First Tier Tax Rate and
Second Tier Tax Rate, as applicable, the rate of three dollars for each
one thousand dollars of consideration or property value, or fractional part thereof,
shall remain in effect.
6.96.021 Term of Third Tier Tax Imposition.
The Third Tier Tax imposed by this Chapter shall be imposed and levied for a term of ten (10) years beginning on March 1, 2023 and ending on February 28, 2033. On or after March 1, 2031, but before February 28, 2033, the City Council may extend the term of the Third Tier Tax for up to five additional years through February 28, 2038. The affirmative votes of at least five members of the City Council shall be required to approve the extension. Any further extensions of the term of the Third Tier Tax shall require voter approval. Absent extension of the term of the Third Tier Tax by five affirmative votes of the City Council, the Third Tier Tax shall expire as to new transfers on or after March 1, 2033, and the City shall retain all remedies as provided in this Chapter as to any Third Tier Tax owed to the City before March 1, 2033. If the term of the Third Tier Tax is extended by five affirmative votes of the Council, then the Third Tier Tax shall expire as to new transfers on or after March 1, 2038, and the City shall retain all remedies as provided in this Chapter as to any Third Tier Tax owed to the City before March 1, 2038. Nothing in this section 6.96.021 shall be construed to limit the term of either the First Tier Tax or Second Tier Tax.
Beginning on March 1, 2028, the City Council is authorized to increase or decrease the amount of consideration or value subject to the Third Tier Tax Rate by an amount proportional to the change in the Consumer Price Index for All Urban Consumers, Los Angeles-Long Beach-Anaheim (“CPI”), as published by the U.S. Department of Labor Statistic, rounded up to the nearest one thousand dollars ($1,000.00), provided that:
(a) such adjustment shall not lower the applicability of the Third Tier Tax Rate to transfers when the consideration or value of the interest or property conveyed is less than $8,000,000; and
(b) any adjustment to the threshold for applying the Third Tier Tax Rate may not be done more than once per five years after the effective date of this section or within five years after the most recent CPI adjustment pursuant to this section.
The City Council may implement the CPI adjustment provided by this section by ordinance. In the event the Bureau of Labor Statistics discontinues the publication of the CPI, then a comparable statistic shall be used as determined by the Director of Finance.
Any tax imposed pursuant to Section 6.96.020 hereof shall be paid by: (1) any person who makes, signs or issues any document or instrument subject to the tax; (2) any person for whose use or benefit any document or instrument subject to the tax is made, signed or issued; or (3) any combination thereof. The obligation to pay any tax imposed pursuant to Section 6.96.020 shall be a joint and several liability of the taxpayers identified in this Section.
6.96.035 Payment of First Tier Tax to County, payment of
Second Tier Tax to County and City.
Any
taxes due under this Chapter shall be paid prior to recording any deed,
instrument, or writing subject to the tax. Payment shall be made as follows:
(a) Any
First Tier Tax owed shall be paid directly to the County on behalf of the City;
(b) Unless
the County enters into a Second Tier Tax Agreement, any Second Tier Tax owed
shall be paid in two equal parts:
(1) The
County Collected Portion (three dollars for each one thousand dollars of
consideration or property value, or fractional part thereof) shall be paid to
the County on behalf of the City; and
(2) The
City Collected Portion (three dollars for each one thousand dollars of
consideration or property value, or fractional part thereof) shall be paid
directly to City.
6.96.036 Payment of entire Second Tier Tax to County upon
execution of binding agreement—Notice.
In
the event that the City and County enter into a Second Tier Tax Agreement, the
County is authorized to collect the entirety of the Second Tier Tax as if
Section 6.96.035(b) did not exist. The City shall
provide at least ninety days’ notice of the effective date of any Second Tier
Tax Agreement on its website.
6.96.040 Debt-securing instrument exempted.
Any tax imposed pursuant to this Chapter shall not apply to any instrument in writing given to secure a debt.
6.96.050 Certain governmental units exempted.
The United States or any agency or instrumentality thereof, any State or territory, or political subdivision thereof, including any City or County, or the District of Columbia shall not be liable for any tax imposed pursuant to this Chapter with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor.
For an Affordable Housing Transfer in which the consideration or value of the interest or property conveyed is greater than or equal to five million dollars, the First Tier Tax Rate shall apply to the amount of the entire transfer, under the following conditions:
(a) If
prior to the time an obligation to collect the City Collected Portion of the
Second Tier Tax or Third Tier Tax arises under Section 6.96.095 of this Chapter, a taxpayer
with respect to the such transfer, as defined in Section 6.96.030 of this Chapter, obtains from
the Director of Finance a certification that the transfer is an Affordable
Housing Transfer, no such taxpayer with respect to the Affordable
Housing Transfer shall only be required to pay the City collected
portion of the Second Tier Tax First Tier Tax on the Affordable
Housing Transfer; or
(b) If
the City collected portion of the Second Tier Tax or Third Tier Tax
is paid on an Affordable Housing Transfer, any taxpayer with respect to the
such transfer, as defined in Section 6.96.030 of this Chapter, may apply to
the Director of Finance for a refund of that portion of the City collected
portion of the Second Tier Tax and Third Tier Tax, if applicable,
paid by the taxpayer on the Affordable Housing Transfer that exceeds the
amount of the First Tier Tax as applied to the Affordable Housing Transfer
under this section; any such application for a refund must be submitted
within one hundred twenty days of the transfer subject to the Second Tier Tax or
Third Tier Tax.
6.96.060 Plans of reorganization or adjustment.
Any tax imposed pursuant to this Chapter shall not apply to the making, delivering, or filing of conveyances to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Federal Bankruptcy Act, as amended;
(b) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Section 101 of Title 11 of the United States Code, as amended;
(c) Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 of Title 11 of the United States Code, as amended; or
(d) Whereby a mere change in identity, form or place of organization is effected.
Subsections (a) to (d), inclusive, of this Section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.
6.96.070 Securities and Exchange Commission orders.
Any tax imposed pursuant to this Chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1986, but only if:
(a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code relating to the Public Utility Holding Company Act of 1935;
(b) Such order specifies the property which is ordered to be conveyed; and
(c) Such conveyance is made in obedience to such order.
(a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this Chapter by reason of any transfer of an interest in a partnership or otherwise, if:
(1) Such partnership (of another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986; and
(2) Such continuing partnership continues to hold the realty concerned.
(b) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1986, for purposes of this Chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by such partnership at the time of such termination.
(c) Not more than one tax shall be imposed pursuant to this Chapter by reason of a termination described in subsection (b), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.
6.96.081 Other Exemptions Per State Law.
The tax imposed by this Chapter shall not apply to:
(a) any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes; and
(b) any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders; and
(c) any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity.
6.96.082 Partial Exemptions to Third Tier Tax Only.
The Third Tier Tax imposed by this Chapter shall not apply to:
(a) a deed without consideration that corrects a deed, provided that such correction is recorded no later than ninety (90) days after the recordation of the transfer to be corrected; and
(b) any transfer of real property between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, that remains the same for a minimum of one hundred eighty (180) days after the transfer. Transfers from a parent corporation to a wholly owned subsidiary corporation shall likewise by exempt; provided, the beneficial ownership of the property remains the same; and
(c) a transfer to or from a tax-exempt charitable organization with a valid 501(c)(3) status; and
(d) a ground lease with a remaining term of less than 35 years.
The
County Recorder shall administer this Chapter in conformity with the provisions
of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any
County ordinance adopted pursuant thereto. Until the effective date of a
Second Tier Tax Agreement, the County shall administer and collect: (1) the
entirety of any First Tier Tax; and (2) the County collected portion of any
Second Tier Tax. Following the effective date of a Second Tier Tax Agreement,
the County will collect: (1) the entirety of any First Tier Tax; and (2) the
entirety of any Second Tier Tax as provided in the Second Tier Tax Agreement.
The City Manager is authorized to negotiate, modify, and enter into a contract with the County or one of its officials for the administration of this Chapter and payment to the County for its costs of administration.
6.96.095 Administration of City collected portion of Second
Tier Tax by recording party or agent.
Unless
a Second Tier Tax Agreement has been executed and the City has provided at
least ninety days’ notice on its website of the effective date of said
agreement in accordance with Section 6.96.036, the City collected portion of any
Second Tier Tax shall be administered as follows:
(a) Any
entity (including any escrow company, title company, or taxpayer as defined in
Section 6.96.030, or agent thereof) that records any
deed or written instrument subject to the Second Tier Tax Rate set forth by
Section 6.96.020(b) shall be responsible for
ensuring that the City collected portion of the Second Tier Tax is collected
and paid prior to said recording.
(b) Escrow
companies that are involved in a property sale or transfer to which the Second
Tier Tax Rate applies shall ensure that either:
(1) The
City collected portion of the Second Tier Tax has been paid to the City prior
to recording any deed or written instrument subject to the Second Tier Tax
Rate; or
(2) Funds
sufficient to cover the City collected portion of the Second Tier
Tax have been set aside to be distributed to City at the time of recording.
(c) The
Director of Finance is authorized to promulgate any rules or regulations
reasonably necessary to administer the City collected portion of the Second
Tier Tax, as well as necessary forms and receipts.
Following
the effective date of a Second Tier Tax Agreement, the obligations imposed by
subsections (a) and (b) of this Section 6.96.095 will cease to exist.
Claims
for refund of taxes imposed pursuant to this Chapter shall be governed by the provisions
of Chapter 5 (commencing with Section 5096), of Part 9 Division 1 of the Revenue and Taxation Code of the State of California.
The Director of Finance may issue rules or regulations reasonably necessary to
establish and administer a refund application process (including any necessary
forms or declarations) to issue any refunds due pursuant to the partial
exemptions in Section 6.96.052 this Chapter.
6.96.110 Authority of Finance Director.
(a) The Director of Finance is hereby designated as the officer of the City responsible for maintaining relations with the County for the purpose of administering the tax imposed under this Chapter and receiving and accounting for the funds collected thereunder.
(b) If the County or the entities identified in Section 6.96.095 do not collect or administer the tax due under this Chapter, or if any tax owed is otherwise unpaid, then the Director of Finance shall have the power and duty to enforce all of the provisions of this Chapter. The Director of Finance, designee, or any third-party agent authorized by the Director of Finance may collect any unpaid tax through any lawful means.
(c) The Director of Finance is authorized to issue any rules and regulations reasonably necessary to implement and administer this Chapter.
6.96.120 Due dates, delinquencies, penalties, interest, and administrative charges.
The tax imposed under this Chapter is due and payable at the time the deed, instrument, or writing effecting a transfer subject to the tax is delivered to the County Recorder. Any such tax is delinquent if unpaid at the time of recordation. In cases where a transfer is effected but not recorded with the County Recorder within ninety days of acceptance, all statutes of limitation regarding liability for this tax will be tolled until the City has actual knowledge of the transfer or recording, at which time the tax, penalties, and interest on the unrecorded transfer will relate back to the actual transfer date of such unrecorded transfer. Any unpaid tax pursuant to this Chapter will be a joint and several liability of all taxpayers, as designated by Section 6.96.030 of this Chapter.
If any tax is not paid prior to becoming delinquent, the Director of Finance may impose a delinquency penalty of up to ten percent of the amount of the tax due. To the extent permitted by law, the Director of Finance may establish rules and regulations that establish an applicable interest rate. The Director of Finance shall have the power to reduce or waive any penalty or interest applicable under this Chapter so long as such reduction or waiver is in writing and in compliance with any City-issued rules or regulations concerning this Chapter. Any request for reduction or waiver of any penalty or interest assessed pursuant to this Chapter shall be made in writing no later than thirty days following the assessment of such penalty or interest.
6.96.130 Declaration or additional records may be required.
The tax imposed by this Chapter shall be paid to the City by the taxpayers referred to in Section 6.96.030. The Director of Finance shall have the authority as part of any rules and regulations promulgated by him or her as provided for herein to require that the payment shall be accompanied by a declaration of the amount of tax due signed by the person paying the tax or by his or her agent. The declaration shall include a statement of the value of the consideration on which the tax due was computed. The declaration also shall identify the property address and deed, instrument or writing effecting the transfer for which the tax is being paid. The Director of Finance, or designee, may require delivery of a copy of such deed, instrument or writing whenever reasonably necessary to adequately identify such writing or to administer the provisions of this Chapter. The Director of Finance, or designee, may rely on the declaration as to the amount of the tax due; provided, he or she has no reason to believe that the full amount of the tax due is not shown on the declaration.
Whenever the Director of Finance, or designee, has reason to believe that the full amount of tax due is not shown on the declaration or has not been paid, he or she may, by notice served upon any person liable for the tax, require him or her to furnish a true copy of his or her records relevant to the value of the consideration or fair market value of the property transferred. Such notice may be served at any time within three years after recordation of the deed, instrument or writing which transfers such property.
6.96.140 Determination of deficiency.
If on the basis of such information as the Director of Finance receives pursuant to the last paragraph of Section 6.96.130 and/or on the basis of such other relevant information that comes into his or her possession, he or she determines that the amount of tax due as set forth in the declaration, or as paid, is insufficient, he or she may recompute the tax due on the basis of such information.
If the declaration required by Section 6.96.130 is not submitted, the Director of Finance may make an estimate of the value of the consideration for the property conveyed and determine the amount of tax to be paid on the basis of any information in his or her possession or that may come into his or her possession.
One or more deficiency determinations may be made of the amount due with respect to any transfer.
6.96.150 Notice of determination.
The Director of Finance, or designee, shall give written notice to a person liable for payment of the tax imposed under this Chapter of his or her determination made under Section 6.96.140. Such notice shall be given within three years after the recordation of the deed, instrument or writing effecting the transfer on which the tax deficiency determination was made.
6.96.160 Manner of giving notice.
Any notice required under this Chapter may be served personally or by mail; if by mail, service shall be made by depositing the notice in the United States mail, in a sealed envelope with postage paid, addressed to the person on whom it is to be served at his or her address as it appears in the records of City or as ascertained by the Director of Finance, or designee. The service is complete at the time of the deposit of the notice in the United States mail, without extension of time for any reason.
6.96.170 Petition for redetermination.
Any person against whom a determination is made under this Chapter or any person directly interested may petition the Director of Finance for a redetermination within sixty days after service upon the person of notice thereof. If a petition for redetermination is not filed in writing with the Director of Finance within the sixty-day period, the determination becomes final at the expiration of the period.
6.96.180 Consideration of petition for redetermination—Hearing.
If a petition for redetermination is filed within the sixty-day period, the Director of Finance, or designee, shall reconsider the determination and, if the person has so requested in his or her petition, shall grant the person an oral hearing, and shall give him or her ten days’ notice of the time and place of hearing. The Director of Finance may designate one or more deputies for the purpose of conducting hearings and may continue a hearing from time to time as may be necessary.
6.96.190 Determination of petition.
The Director of Finance, or designee, may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the Director of Finance, or designee, at or before the hearing.
6.96.200 Finality of determination.
The order or decision of the Director of Finance, or designee, upon a petition for redetermination becomes final thirty days after service of notice thereof upon the petitioner or at the time of hearing of redetermination. There is no appeal of the Director of Finance’s (or designee’s) decision to the City Council; writs challenging the Director’s decision conveyed by his or her deputies at an administrative hearing must be filed with the appropriate court within ninety days of the final date of such redetermination. (California Code of Civil Procedure Section 1094.6.)
The amount of any tax, penalties, and interest imposed under the provisions of this Chapter shall be deemed a debt to the City. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the City’s name for the recovery of such amount.
The amount of tax, penalties and interest imposed under the provisions of this Chapter is assessed against the property upon the transfer of which the tax is imposed, and if not paid when due, such tax shall constitute an assessment against such property and shall be a lien on the property for the amount thereof, which lien shall continue until the amount thereof including all penalties and interest are paid, or until it is discharged of record. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the name of the City for the recovery of such amount.
6.96.230 Notice of hearing on lien.
The Director of Finance shall file with the City Manager a written notice of those persons on whom the City will file liens. Upon the receipt of such notice the City Manager shall present same to the City Council, and the City Council shall forthwith, by resolution, fix a time and place for a public hearing to confirm such liens.
The Director of Finance shall cause a copy of such resolution and notice to be served upon the transferor or transferee of property not less than ten days prior to the time fixed for such hearing. Such service shall be by mailing a copy of such resolution and notice to the transferor or transferee of property at his or her last known address. Service shall be deemed complete at the time of deposit in the United States mail.
6.96.240 Collection of delinquent taxes by special tax roll assessment.
With the confirmation of the lien by the City Council pursuant to the hearing set forth in Section 6.96.220, the delinquent tax charges contained therein which remain unpaid by the transferor or transferee shall constitute a special assessment against said property, and shall be collected at such time as is established by the County Auditor-Controller for inclusion in the next property tax assessment.
The Director of Finance shall turn over to the County Auditor-Controller for inclusion in the next property tax assessment the total sum of unpaid delinquent charges consisting of the delinquent transfer taxes, penalties and interest at the rate of twelve percent per annum from the date of recordation to the date of lien.
Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure of sale as provided for delinquent, ordinary, municipal taxes. The assessment lien previously imposed upon the property are paramount to all other liens except for those of State, County, and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and charges due and payable thereon are paid. All taxes applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.
6.96.250 Administrative penalties.
Any person violating or failing to comply with any provision of this Chapter may be subject to any of the penalties set forth in Section 1.08.010 of the Santa Monica Municipal Code. Each such violation or failure shall constitute a separate offense. Neither the City’s pursuit of any such penalties nor the imposition of any such penalties shall excuse any person from the payment, collection or remittance of any tax provided for in this Chapter.
6.96.260 Authority of City Council to establish rules and amend Chapter.
The City Council is authorized to establish by resolution any rules that are necessary and desirable for implementation of this Chapter. The City Council is authorized to amend any aspect of this Chapter as long as the amendment does not result in an increase in the authorized tax rate.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part thereof is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.
SECTION 2. Any provision of the Santa Monica Municipal Code inconsistent with the provisions of this measure, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this measure.
SECTION 3. This Measure adopts a comprehensive real property transfer tax scheme. By voting for this Measure, the voters expressly declare their intent that any other measure that appears on the same ballot as this Measure and addresses real property transfer taxes within the City, or conflicts with any provision of this Measure, including, without limitation, the “Funding for Homelessness Prevention, Affordable Housing, and Schools” measure, which shall be deemed to conflict with the scheme adopted by this Measure. Because of this conflict, if this Measure and any such other City of Santa Monica measure receive a majority of votes by the voters voting thereon at the same election, then the measure receiving the most votes in favor shall prevail and no provision of the other measure shall take effect.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this measure is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The City Council hereby declares that it would have placed this measure and the resulting Santa Monica Municipal Code amendment, and the voters declare that they would have adopted this measure and the resulting Santa Monica Municipal Code amendment, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion may be subsequently declared invalid or unconstitutional.
Impartial Analysis
CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE DT
The Santa Monica Municipal Code imposes a one-time tax on each transfer of real property in Santa Monica. The City’s real property transfer tax currently has two tiers. The first tier tax rate is $3.00 per $1,000 of consideration (generally the sale price) or property value transferred for properties valued at less than $5,000,000.
The second tier tax rate is $6.00 per $1,000 of consideration or property value transferred for properties valued at, or more than, $5,000,000. This measure would establish a new third tier tax rate of an additional $25.00 per $1,000 of consideration or property value transferred, which would apply solely to the amount of consideration or value in excess of $8,000,000. The proposed third tier tax on the increment above $8,000,000 would be collected in addition to the existing second tier tax of $6.00 per $1,000 of consideration or property value transferred. The second tier tax would continue to apply to the entire transaction value.
If this measure passes, the proposed third tier tax would be effective March 1, 2023. The proposed third tier tax would expire on February 28, 2033, unless five or more members of the City Council vote to extend the third tier tax for an additional five years to February 28, 2038. This measure includes exemptions consistent with state law. The measure also includes partial exemptions to the proposed third tier tax for: corrective deeds, corporate transfers that maintain the same beneficial ownership, transfers involving tax-exempt charitable organizations, and certain ground leases. Qualified affordable housing transfers are currently exempt from the City’s second tier tax and are taxed at the City’s first tier tax rate.
This measure would exempt qualified affordable housing transfers from both the second tier tax and third tier tax. This measure includes a CPI adjustment every five years to the $8,000,000 threshold for when the third tier tax applies. The measure authorizes upward and downward CPI adjustments to the threshold, but prohibits lowering the threshold below $8,000,000.
This measure includes changes to reflect that the County of Los Angeles and the City previously entered into an agreement for the County to administer the City’s second tier tax. This measure codifies the County’s existing practice of applying the City’s transfer tax to unrecorded corporate transfers that trigger a change of ownership under Revenue and Taxation Code § 64.
The City would be permitted to use the tax revenue for any governmental purpose.
The Santa Monica City Council placed this measure on the ballot. A “yes” vote supports the passage of the amendment to the Santa Monica Municipal Code; a “no” vote opposes passage of the amendment. A majority vote (i.e., more than 50% of the votes cast) is required to pass the measure.
DOUGLAS T. SLOAN, City Attorney
Argument in Favor
The COVID pandemic hit Santa Monica hard as it did many cities. Faced with unprecedented challenges, and a loss of over $110,000,000 in general fund revenue, the City was forced to make the difficult decision to cut programs and services that protect our children, families, and low-income residents.
Despite Santa Monica's careful budgetary planning, the recession has further negatively impacted the city's COVID-related economic recovery-leaving next year's projected city revenues $35,000,000 below pre-pandemic levels,
Because Santa Monicans have always come together to take care of each other, the City Council placed Measure DT on the ballot to generate revenue to enhance public safety, address homelessness, reopen our libraries, restore afterschool programs, and provide rental assistance for low-income renters who have been hit hardest by the pandemic and inflation.
Measure DT will generate these funds by:
- Enacting a new, temporary tax of 2.5% applicable only to sales of commercial and multi-family properties;
and luxury homes above $8,000,000 when they cash out - the tax will be applied only when the property is
sold and is projected to raise between $10,000,000 and $25,000,000 annually;
- Calculating the tax only on that portion of the sales price above $8,000,000-there will be no new tax on any
sale below $8,000,000 or on any portion of the sale price below $8,000,000; and
- Providing for an adjustment of the $8,000,000 threshold for inflation;
Measure DT will be in effect for 10 years, with one 5-year extension if approved by a super-majority vote of the City Council.
Measure DT will exempt sales to or by churches and other charitable organizations.
Let's keep Santa Monica a community that puts the safety and wellbeing of its residents first - Vote YES on Measure DT
Phil Brock, City Councilmember
Gleam Davis, City Councilmember
Maryanne La Guardia, Chair, Recreation and Parks Commission
Francisco Franco, Board Member, Santa Monica Police Officer's Asso.
Ann Greenspun, Past Board Member, Santa Monica Malibu Education Foundation
Rebuttal to Argument in Favor
Measure DT was brought forward by certain Councilmembers and their real estate mogul backers only after thousands of Santa Monica voters signed petitions to place Measure GS on the ballot. Both measures tax sales of properties worth $8 million or more, and ONLY ONE can become the law.
What are the differences between the politicians’ Measure DT and the voters’ initiative Measure GS?
First, and foremost, the politicians’ Measure DT charges less when the very wealthy few sell properties worth $8 million or more, and ends in ten years.
There have been on average only 30 such $8 million sales a year—overwhelmingly sales of commercial and apartment buildings.
DO YOU THINK THAT HELPING THE VERY WEALTHY FEW IS GOOD PUBLIC POLICY?
If not, vote NO on Measure DT.
Second, the politicians’ Measure DT provides no legally binding limits on how they can spend the monies raised.
By contrast, the voters’ initiative Measure GS requires that the monies raised go to critical long-term community investments:
Our schools.
Our lower income seniors and families struggling to make the rent.
Our fair share of affordable housing.
But these investments will not happen at the needed scale or for the long term if the politicians’ Measure DT passes.
DO YOU BELIEVE THE WEALTHY FEW SHOULD PROVIDE LONG TERM SUPPORT FOR OUR SCHOOLS, OUR SENIORS AND FAMILIES, AND AFFORDABLE HOUSING?
If so, vote NO on Measure DT.
And vote YES on Measure GS.
Sue Himmelrich, Mayor, City of Santa Monica,
Michael Soloff, Co-Chair, Santa Monica for Renters' Rights
Maria Leon-Vazquez, SMMUSD President
Dennis Zane, Co-Founder, Santa Monicas for Renters' Rights
Jon Katz, President, Santa Monica Democratic Club
Argument Against
VOTE NO ON MEASURE DT and YES on Measure GS.
Measure DT originated because wealthy real estate interests are afraid they cannot win an honest Yes/No election vote on Measure GS. Measure DT’s real purpose is to undermine Measure GS. Even if both measures get a majority vote, only the measure with more votes becomes law.
What is Measure GS and why are real estate moguls and developers so concerned?
Measure GS is a measure placed on the ballot by thousands of Santa Monicans.
Measure GS is a larger, ongoing and targeted wealth tax on sales of real estate worth $8 million or more that could raise some $50 million per year on average. These funds are needed to:
assist lower income rent burdened Santa Monica seniors to avoid homelessness and to age in place with dignity, and to assist lower income rent burdened Santa Monica families with children;
help ensure that we produce a fair share of affordable housing and do not lose control over local land use decisions to Sacramento; and
help ensure that our local schools have the resources to provide excellent public education.
Voters across California embrace the idea of taxing luxury real estate sales to raise funds, including to prevent people from losing their homes and to provide affordable housing.
Wealthy real estate interests may make huge campaign contributions to try to convince you that Measure DT, a shorter-term feel-good measure with no guarantee how funds are spent, is better than delivering targeted, real and lasting help to our school children and our lower income neighbors through Measure GS.
But the truth is Measure GS will help preserve the Santa Monica and Santa Monicans we love. Measure DT will not.
Vote NO on Measure DT and Yes on Measure GS.
Sue Himmelrich, Mayor, City of Santa Monica
Michael Soloff, Co-Chair, Santa Monicans for Renters' Rights
Maria Leon-Vazquez, President, SMMUSD
Dennis Zane, Former Mayor, City of Santa Monica, Co-founder SMRR
Jon Katz, President, Santa Monica Democratic Club
Rebuttal to Argument Against
Proponents of Measure GS are misleading voters.
They want you to believe that Measure GS addresses our City’s most critical needs. However, it provides no funding for public safety and homeless services, including emergency response and mental health teams, or for the full reopening of our libraries.
Measures DT and DTS were placed on the ballot by six of seven Councilmembers to provide funding to restore and improve these vital services while the City’s economy recovers.
Proponents imply that without Measure GS, low-income renters and our public schools will suffer. This is false. Measures DT and DTS are projected to provide $5,000,000 to $8,000,000 annually for rent subsidies. Our outstanding public schools already receive millions in City funding through existing measures.
Santa Monica homeowners and other property owners are opposed to Measure GS‘s 800%+ increase in the applicable property sales tax. And, because Measure GS is permanent and doesn’t adjust its $8,000,000 threshold for inflation, it will apply to a steadily increasing number of homeowners forever. Unlike Measure GS, Measure DT establishes a reasonable rate applied only to the amount in excess of $8,000,000, adjusts the $8,000,000 threshold for inflation and is temporary.
Because Measure GS was drafted by a small group with narrow interests without collaborating with stakeholders, other Councilmembers and School Board Members, it is seriously flawed. Most importantly it FAILS to address our most pressing issue; public safety amidst a worsening homeless crisis.
Please vote “YES” on Measures DT and DTS and “NO” on Measure GS.
Phil Brock, City Councilmember
Francisco Franco, Santa Monica Police Officers Association
Walter Patton, Vice President, Santa Monica Firefighters Local 1109
Maryanne LaGuardia, Chair, Recreation and Parks Commission
Gleam Davis, City Councilmember