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SR-07-08-2014-8B - 104-092 / 212-010City Council Meeting: July 8, 2014 Agenda Item: 1613 To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Gigi Decavalles- Hughes, Director of Finance Subject: Real Estate Transfer Tax and Affordable Housing Ballot Measures Recommended Action Staff recommends that the Council: 1. adopt the attached ordinance setting the real estate transfer tax at $9 per $1,000 of sales price for all real estate sales of $1 million or greater, subject to a vote of the electorate at the November 4, 2014 election (Attachment A); and 2. adopt the attached resolution placing measures on the November 4, 2014 ballot that would: a. set the documentary transfer tax at $9 per thousand dollars of sales price for all real estate sales of $1 million or greater; b. allow voters to express their preference that if the transfer tax increase is adopted, funds should be used to support affordable housing production and preservation; c. authorize certain members of the Council to submit arguments and rebuttals concerning the measure; and d. direct the City Attorney to prepare an impartial analysis of the measure. Executive Summary The State of California's elimination of the Santa Monica Redevelopment Agency has dramatically curtailed the City's ability to support the production and preservation of affordable housing. Without continued support of affordable housing, economic diversity in Santa Monica may decline and the housing needs of lower- income members of the community cannot be addressed adequately. Pursuant to previous Council direction, staff recommends adoption of an ordinance and a resolution placing two measures on the November 2014 General Municipal Election Ballot. The first measure would set the real estate transfer tax at nine dollars per thousand dollars of sales price for all real estate transfers over $1 million. The second measure would provide an opportunity for voters to express their preference that the increased revenues be used for affordable housing. The proposed ordinance and resolution are attached. 1 Background Council held policy discussions on February 28 2012 and December 11 2012 to consider a variety of issues related to affordable housing in Santa Monica. The policy discussions were held in the wake of the dissolution of all redevelopment agencies in California, including the Santa Monica Redevelopment Agency (RDA.) The RDA provided the primary local funding source for the production and preservation of affordable housing in Santa Monica. During the years leading up to redevelopment dissolution, the Housing Division invested over $15 million per year of redevelopment funds to finance affordable housing through loans and grants to non - profit housing organizations. The investment of local funds leveraged an additional $15 to $20 million annually from private investors and institutional lenders. With the dissolution of redevelopment, the flow of funds that can be invested in affordable housing, as well as the City's ability to leverage outside funding, has been radically diminished. Current budget projections show less than $1 million per year available for affordable housing production and preservation in the coming years. With such limited funding, it will take the City several years to accrue sufficient funds to support one affordable housing preservation or production opportunity. With state - mandated vacancy decontrol significantly impacting the affordability of Santa Monica's rent - controlled apartment supply, financing the production and preservation of affordable housing has been a critical tool in ensuring the continued availability of housing that is affordable to households of all income levels and in maintaining economic diversity in Santa Monica. Funding from the RDA played the central role in the City's ability to finance the production and preservation of affordable housing, and has been the cornerstone of Santa Monica's robust affordable housing program. Since 1994, approximately 38 percent of all new housing built in Santa Monica has been affordable to low- and moderate - income households, totaling nearly 1,600 residences that will serve many generations of families and individuals of modest incomes. This is an outstanding accomplishment that few cities have achieved. 2 The final wave of redevelopment- funded affordable housing developments has recently been completed or is under construction. During 2014, over 250 new affordable apartments have become available to low- income families, seniors, and artists. Another 32 affordable apartments are expected to be completed in early 2015. Staff anticipates that one or two additional housing rehabilitation opportunities will be funded from recent land sales. Once those opportunities are funded and completed, the non- profit affordable housing pipeline in Santa Monica is expected to run dry. Finding new funding sources will be critical to continuing Santa Monica's commitment to a diverse community with housing for people of all incomes. As discussed in the City Council staff report of February 25 2014, prospects for significant, new funding sources at the federal, state, or regional levels are dim. If new funding sources are developed at higher levels of government, they will likely require the availability of local matching funds, particularly in locations such as Santa Monica where land and construction costs are high. If the City desires to maintain its traditionally broad and deep affordable housing program, staff believes that the creation of a new local funding source will be necessary. In the coming months, Council is expected to consider an ordinance to implement a commercial / housing linkage fee. While a commercial / housing linkage fee would play an important role in mitigating the impacts of commercial development on affordable housing needs, staff does not expect it to be a significant, on -going source of funding to invest in affordable housing. One of the primary reasons is that there is not expected to be significant commercial development in Santa Monica in the coming years. Within the current development pipeline, most of the proposed projects are primarily residential. Most of the significant commercial developments (hotels, mixed -use creative office / residential developments) are anticipated to include affordable housing. Commercial components of any new developments will also likely be offset by existing, on -site commercial structures. While only a portion of the projects may ultimately make it into construction, it does provide a reasonable proxy for the type of development that will be expected. As a result, if approved, the new fee will likely be an important, though 3 relatively insignificant, source of funding for affordable housing, requiring funds to be accumulated over multiple years to be sufficient to create or preserve affordable housing. Maintaining the City's robust affordable housing program will require additional local funds. Discussion At its February 25 2014 meeting, Council discussed an adjustment to the real estate transfer tax rate in order to increase City revenues that could be used to support affordable housing. A real estate transfer tax is collected by a county recorder whenever commercial or residential property changes hands and an ownership transfer document is recorded. All California counties collect a transfer tax of $1.10 per $1,000 of transferred value. In addition, many California cities charge an additional transfer amount that is collected by the county recorder and paid to the respective city. Santa Monica collects an additional amount of $3 per $1,000 of transferred value that goes to support general City programs. Currently, city transfer rates in California range from $1.10 to $25.00 per $1,000 of transferred value. (See Attachment C for a list of California cities' transfer rates.) For example, if a property in Santa Monica sold for $1,000,000, the Los Angeles County Recorder would collect a transfer tax of $4,100 ((1,000,000/1000)(1.10 +3.00)), with $1,100 for the county and $3,000 for the City. Payment of the transfer amount can be negotiated between the buyer and the seller. The idea of increasing real estate transfer rates and later directing the increased receipts toward affordable housing is appealing for a variety of reasons. First, transfer receipts can vary widely from year to year, based on transactions that occur during any year. Such receipts tend to be affected by the general volume of residential and commercial sales and the exact timing of significant sales. For example, a handful of significant commercial property sales in one year, combined with brisk residential sales activity, could spike transfer receipts, while minimal commercial and residential sales in a subsequent year could drop municipal receipts. (See Attachment D for historical transfer fee receipts in Santa Monica.) The volatility of transfer receipts would make it 4 difficult to fund an operating program that has relatively fixed costs each year. By comparison, affordable housing opportunities are funded once sufficient funds have been collected to support the opportunity. As a result, the volatility of the funding source would not be a significant detriment to the City's funding system for affordable housing. Increasing the transfer rate and later allocating funds toward affordable housing also has appeal from a policy perspective. While the existing AHPP ensures that new market -rate residential development mitigates the need for affordable housing, and the proposed housing linkage fee will help mitigate new commercial development's impact, there is no means to address the affordable housing impacts of existing commercial and residential properties, particularly those that were developed before current affordable housing policies were in place. Increasing the transfer rate on property transfers and later allocating it toward affordable housing could allow a small portion of the escalation in values of existing residential and commercial properties to be dedicated to promoting economic diversity and to helping address the housing needs of low- income members of the Santa Monica community. Increasing the real estate transfer rate would require voter approval. There are several reasons that voters could embrace an adjustment to the transfer rate. First, residents encounter the transfer tax only when they are buying or selling property, which is a rare occasion for most residents. Second, residential sales prices in Santa Monica have peaked at a level that is commensurate with their pre- recession levels. (See Attachment E for median residential sales prices since 2000.) As a result, most residential sales are expected to involve value appreciation that far surpasses any likely amount of the transfer rate. Sales by longer -term owners can see doubling, tripling, and quadrupling of values since purchase. Local brokers and appraisers estimate that commercial property values have similarly recovered from the recession. Second, the payment of the transfer tax can be negotiated between buyers and sellers and the payment is accompanied by a variety of other escrow and closing costs that many buyers and sellers consider to be part of the cost of the transaction. Finally, with a minimum transaction threshold for application of the higher rate, such as one million dollars, homeowners of more modest means would be shielded from the increased rate when they sell their homes. A threshold also would ensure that virtually all commercial transactions would pay the higher rate, ensuring that existing commercial properties contribute to the community's needs when a sale occurs. In reviewing transfer tax receipts from previous years, staff estimates that the additional receipts from setting the transfer rate at $9 per $1000 of sales price over $1,000,000 would generate between $4 million and $10.2 million per year. The wide range presented is due to the volatile nature of real estate transfers, as discussed above. Staff estimates that except in very slow real estate markets, making the additional funds available for affordable housing would replace approximately half of the affordable housing program previously funded by redevelopment. If the state is able to develop and execute a plan for affordable housing funding, local funds could leverage state funds and make Santa Monica more competitive for those funds. Adjusting the local transfer tax for general municipal purposes would require approval by over 50 percent of voters. A companion measure could provide voters with an opportunity to demonstrate their desire that the increased revenue be directed toward affordable housing. Summary of Poll On February 25, 2014, Council authorized staff to engage Fairbank, Maslin, Maullin, Metz & Associates (FM3) to conduct a telephone survey of Santa Monica voters in order to better understand voter attitudes toward the real estate transfer tax and affordable housing in general. In April 2014, FM3 conducted a telephone survey of 501 Santa Monica voters, with a margin of error of plus or minus 4.4 percent. Attachment E provides a summary of the survey results. The survey found that 56 percent of voters believe there is a great need or some need for additional funding to provide affordable housing in Santa Monica. A majority of survey respondents expressed some level of support for increasing the real estate transfer tax from $3 to $9 per thousand dollars of sales value for properties sold over one million dollars, as well as for an advisory 6 measure supporting use of the increased funds for affordable housing. Of those surveyed, 57 percent said they would definitely vote yes, probably vote yes, or would lean toward voting yes on the real estate transfer rate adjustment. Fifty -nine percent expressed similar levels of support for an advisory measure related to affordable housing funding. After hearing educational statements about the real estate transfer tax and the City's affordable housing program, support for the transfer rate adjustment increased to 61 percent and support for the advisory measure increased to 67 percent. Survey respondents indicated the strongest support for the measures if the funds were used only for affordable housing, including acquisition and rehabilitation of existing apartment buildings, with the strongest support for housing for seniors, veterans, persons living with disabilities, and people who live or work in Santa Monica. While the polling shows general support for the measures, it also indicates that the majority support is not definitive and that education plays a critical role in support for the measure. As a result, if the measures are placed on the ballot, education and outreach by affordable housing supporters will be critical to ensuring that voters understand the measures and go to the polls to vote for them. In considering whether to place the measures on the ballot, Council will need to assess the community resources that could commit to supporting a ballot measure campaign, particularly because the City is not allowed to use its resources to advocate for ballot measures. Summary of Ballot Measures As envisioned, the adjustment to the real estate transfer tax would be considered a general tax and thereby would require a simple majority (50 percent plus one) for voter approval. The companion measure would allow voters to express their preference that the funds be allocated toward affordable housing, if the real estate transfer tax adjustment were to be approved. Attachment B is the resolution submitting the measures to the voters of the City of Santa Monica. The title of the measures are as follows: 7 PROPOSITION " ". Shall an ordinance be adopted that amends the real estate transfer tax so that for commercial and non - commercial real estate sold for one million dollars or more, the tax rate would be $9 for each thousand dollars of sales price? PROPOSITION " ADVISORY VOTE ONLY.: If the proposed transfer tax on commercial and non - commercial real estate sales is approved by voters, should the revenue be used to preserve, repair, renovate and construct affordable housing for low - income people who work or live in Santa Monica, including seniors, veterans, working families and persons with disabilities? In addition, the resolution authorizes the City Council to submit arguments and rebuttals concerning the measure. Council may designate one to five members to submit arguments and rebuttals for the measure. Finally, the resolution directs the City Clerk to transmit a copy of the measure to the City Attorney and directs the City Attorney to prepare an impartial analysis of the effects of the measure on the existing law as well as on the operation of the measure. Arguments and rebuttals shall be submitted in accordance with State Elections Code Sections 9280 -9287 and Santa Monica Municipal Code Section 11.04.125. The Elections Official will set the deadline for submitting arguments as 14 days from the date the election is called on the measure and the deadline for submitting rebuttals to arguments as 10 days after the deadline for submitting arguments on the measure. The advisory measure does not raise taxes; rather, it expresses Santa Monica voters' preference if the real estate transfer tax is increased. The results of the measure would not bind the current or future city councils as to use of the revenues. In 2010, Santa Monica voters approved a transactions and use tax, as well as a companion measure expressing a preference that half of the revenues from the transactions and use tax be used to support school programs. Since adoption of the two measures, Council has allocated 50 percent of all revenues to school programs. Alternatives Council may choose not to adopt the resolution and thereby avoid placing the measures on the ballot. Council could also choose to place alternative measures on the ballot. E-3 Council also could choose to set the transfer rate at a different level. For example, if the rate for sales over $1 million were set at $6 per $1,000, annual receipts are estimated to range between $2 million and $5.1 million. However, the voter poll showed that dropping the rate to $6 did not result in a statistically significant increase in voter support. Financial Impacts & Budget Actions The cost of placing the measures on the ballot will be covered by the FY 2014 -15 election budget. Voter approval of the transfer tax measure is expected to increase General Fund revenues by $4 million to $10.2 million per year, depending on the number and value of real estate transfers that occur during any year. Voter approval of the companion measure would create significant new revenues to support the resumption of the City's affordable housing production and preservation program. Prepared by: Andy Agle, Director of Housing and Economic Development Approved: Forwarded to Council: Andy Agle, Director TM Rod Gould Housing and Economic Development City Manager Approved: ' Gigi Decavalie"ughes, Director Finance Attachments: A. Ordinance B. Resolution C. April 2014 Voter Survey D. Historical Real Estate Transfer Receipts: 1991 - 2012 E. Median Residential Sales Prices: 2000 — 2013 E Attachment A Ordinance (CCS) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING THE REAL PROPERTY TRANSFER TAX RATE AT N NE DOLLARS PER THOUSAND THOUSAND DOLLARS OF SALE VALUE ALL SALES OF ONE ADOPTION DOLLARS R GREATER, ELECTORATE WHEREAS, all redevelopment agencies in California, including the Santa Monica Redevelopment Agency, were dissolved on February 1, 2012; and WHEREAS, the Santa Monica Redevelopment Agency generated nearly $40 million per year that was used for Santa Monica community priorities such as seismic safety improvements to public buildings, affordable housing, and capital improvements; and WHEREAS, the dissolution of the Santa Monica Redevelopment Agency severely diminished the funds available to address Santa Monica community priorities; and WHEREAS, many residents live in the City of Santa Monica because the City invests in community priorities, offering extensive services and programs that substantially enhance quality of life; and WHEREAS, residents depend upon the City to continue to protect their quality of life and effectuate community priorities, but with the loss of redevelopment funds, the City must seek other resources; and WHEREAS, an increase in the real property transfer tax would partially fill the revenue gap left by the loss of redevelopment funds; and WHEREAS, all City revenues are subject to annual independent audits with public review of the City Budget being widely available, including at City Hall, on -line and at the public library; and WHEREAS, median sales values for commercial and residential properties have fully recovered from the recession that began in 2007; and 1 WHEREAS, the existing City of Santa Monica real property transfer tax is set at only three dollars per thousand dollars of sales price for all sales of commercial and residential properties; and WHEREAS, the City of Santa Monica proposes to set the City of Santa Monica real property transfer tax for all sales of commercial and residential properties sold for one million dollars or more at nine dollars per thousand dollars of sales price; and WHEREAS, the proposal would set the real property transfer tax in accordance with state law; and WHEREAS, under applicable law, the City Council of the City of Santa Monica must set the proposed real property transfer tax rate and then present it to the electorate of the City of Santa Monica for adoption by majority vote of the people. NOW THEREFORE, the City Council of the City of Santa Monica does ordain as follows: SECTION I. Chapter 6.96.020 of the Santa Monica Municipal Code is amended to read as follows: Section 6.96.020 Transfers affected and amount of tax Effective 9etobe 15T 1991 January 1 2015, there is hereby imposed on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the City of Santa Monica shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or 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 The tax will be imposed at the rate of three dollars for each one thousand dollars of property sale value or fractional part thereof for all sales less than one million dollars. For all sales of one million dollars or reater the tax will be im osed at the rate of nine dollars for each one thousand dolQa�rs of ro ert sale value or fractional art thereof. Prior threet dollars O bfor each e January 1 2015, the tax at the rate of thousand dollars of property sale value or fractional part thereof shall remain in effect. SECTION 2. Any provisions of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such 2 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. APPROVED AS TO FORM: M RSHA r NES M UTRIE Ci yy ne Attachment B RESOLUTION NUMBER 10823 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A MEASURE PROPOSING TO SET THE REAL PROPERTY TRANSFER TAX RATE AT NINE DOLLARS PER THOUSAND DOLLARS OF SALE VALUE FOR ALL SALES OF ONE MILLION DOLLARS OR GREATER, ALONG WITH AN ADVISORY, COMPANION MEASURE ASKING WHETHER THE INCREASED REVENUES SHOULD BE SPENT ON AFFORDABLE HOUSING, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, AND AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE AND N MPARTIAL THE ANACITY LYSIS OF ATTORNEY THE O TH MEASURE PREPARE WHEREAS, all redevelopment agencies in California, including the Santa Monica Redevelopment Agency, were dissolved on February 1, 2012; and WHEREAS, the Santa Monica Redevelopment Agency generated nearly $40 million per year that was used for Santa Monica community priorities such as seismic safety improvements to public buildings, affordable housing, and capital improvements; and WHEREAS, the dissolution of the Santa Monica Redevelopment Agency severely diminished the funds available to address Santa Monica community priorities; and WHEREAS, many residents live in the City of Santa Monica because the City invests in community priorities, offering extensive services and programs that substantially enhance quality of life; and WHEREAS, residents depend upon the City to continue to protect their quality of life and effectuate community priorities, but with the loss of redevelopment funds, the City must seek other resources; and 1 WHEREAS, an increase in the real property transfer tax would increase revenues for the City of Santa Monica; and WHEREAS, the City Council could allocate those increased funds toward the production and preservation of affordable housing; and WHEREAS, increased funding for the production and preservation of affordable housing would allow the City of Santa Monica to continue if efforts to address the housing needs of low- income seniors, veterans, working families, and people with disabilities; and WHEREAS, on June 10, 2014, the City Council adopted resolutions calling for and giving notice of a General Municipal Election on November 4, 2014; and WHEREAS, the proposal would set the real property transfer tax in accordance with state law; and WHEREAS, the City Council of the City of Santa Monica proposes to place the following proposition amending Chapter 6.96.020 of the Santa Monica Municipal Code, along with a companion advisory measure,. on the ballot at the General Municipal Election to be held on November 4, 2014. NOW THEREFORE, the City Council of the City of Santa Monica does ordain as follows: SECTION 1. A General Municipal Election has been called for on November 4, 2014 for the purpose, among other things, of electing City Council members and submitting measures and ballot propositions to the voters. SECTION 2. At the General Municipal Election called for November 4, 2014, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: 3 SECTION 5. The City Council authorizes its members, as follows, to file written arguments for and against the measures: FOR: AGAINST: All written arguments filed by any person in favor of or against any measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the arguments as required by applicable law, and any names, signatures and arguments may be filed until the time and date fixed by the City Clerk in accordance with applicable law, after which no change may be submitted to the City Clerk unless permitted by law. SECTION 6. The City Clerk shall cause the text of the measures, together with the City Attorney's impartial analysis, and any arguments for or against the measures, as well as any rebuttal, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before the General Municipal Election, shall cause the text of the measures to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct the election properly. SECTION 7. The provisions of Resolution Numbers 10810 (CCS), 10811 (CCS), 10812 (CCS), and 10813 (CCS) are referred to and incorporated as necessary for more particulars concerning the General Municipal Election to be held on November 4, 2014 and the placing on the ballot of these measure and the conduct of the election. In all respects, the election shall be held and conducted as provided for by applicable law, including resolutions. The City Clerk is authorized and directed to procure and furnish 5 Adopted and approved this 8th day of July, 2014. Pam O'Connor, Mayor I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10823 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 8th day of July, 2014, by the following vote: AYES: Councilmembers: Davis, McKeown, Vazquez, Winterer Mayor O'Connor, NOES: Councilmember: Holbrook ABSENT: Councilmember: Mayor Pro Tern O'Day ATTEST: Sarah P. Gorman, City Clerk Attachment C Fairbank, Maslin, Maullin,' Metz & Public Opinion Research & Slralegy TO: Interested Parties FROM: Fairbank, Maslin, Maullin, Metz & Associates (FM3) RE: Summary of City of Santa Monica Issues 2014 Survey DATE: May 16, 2014 Between April 12 °1 — 19 "', 2014, Fairbank, Maslin, Maullin, Metz & Associates (FM3) conducted a telephone survey of 501 City of Santa Monica voters who are likely to vote in the November 2014 General Election.' The margin of error for the full sample is plus or minus 4.4 percent; margins of error for subgroups will be higher.2 The three main goals of this survey are to: (1) Examine general perceptions of the City (2) Explore perceptions on the need for additional funds to provide affordable housing in the City (3) Gauge the level of support for measures that would help address the need for additional affordable housing in Santa Monica The key survey findings include: • A majority of voters consider the City to be headed in the right direction • About half of all voters perceive the City has a need for additional funds, both generally speaking and specifically to provide affordable housing • A majority of voters support a ballot measures to create new revenue for the City by increasing the existing documentary transfer tax • A majority of voters support an advisory ballot measure encouraging the City Council to use that revenue to provide affordable housing in Santa Monica The balance of this memo provides a detailed summary of the findings. ' Respondents were given a choice to conduct the survey in English or Spanish. 2 Some results do not equal 100% due to rounding. 2425Colorado Avenue. Sidle180 1999 Hon ison Street Suile 1290 Santa Alonica, CA 90404 Oakland, CA 94612 Phone: (3)0) 828 -1183 Phone: (510) 451 -9521 Fax." (310) 453 -6562 Far: (510) 451 -0384 Summary of the Ikey Results from the 2014 City of Santa Monica Issues Survey Page 2 (1) General Perceptions of the City: A majority of voters have positive views of where the City is hearted As seen in Figure 1 below, 51 percent of voters feel that the City of Santa Monica is headed in the right direction and about one -third (36 percent) perceive that the City is pretty seriously off on the wrong track. Thirteen percent are undecided. Figure 1: Opinion of Santa Monica Voters on the Direction of the City Right Direction 51% Wrong Track §EINIJIMIJIMM 36% Don't Know 1,,.. 113% 40% 60% e0% (2) Perceptions of the Need for Additional Funding for Affordable Housing: More than one half of all voters perceive that the City generally needs additional finds Fifty -six percent of respondents said that the City of Santa Monica has a great (15 percent) or some (41 percent) need for additional funds to provide the level of city services that residents need or want (see Figure 2 below). Thirty -five percent identified little or no need for additional funding. The balance of voters (nine percent) are undecided. Fifty -six percent of respondents said that the City has a need for funds to provide additional affordable housing. This is equal to the percentage who said the City had a general need for funds, but twice as many (29 percent) identified the need for funds for affordable housing as a "great need." Thirty -two percent identified little or no need for additional funding to provide affordable housing, while twelve percent are undecided. Figure 2: Perception of the City's Need for Additional Funds Great need EM 15% Some need Total Great/ 41 /o Some Need 56% Little need 16% 1 Total Little/ No Real Need No real need 19% 35% Don't know 1, =1 9% ® 29% Total Great/ Some Need 27 /a 56% 12% Total Little/ 20% No Beal Need 32% U 12% 015 20% 403 W% Fairbank, Muslin, Maullm, Metz & ,lssociates' Summary of the Key Results from the 2014 City of Santa Monica Issues Survey Page 3 (3) Support for Documentary Transfer Tax /Affordable Housing Companion Measures: Initial /Current level of support A majority of voters (57 percent) initially support a general purpose, simple majority measure to increase the existing documentary transfer tax by six dollars per one thousand dollars of sales on commercial and non- commercial property sold for over one million dollars. Respondents were initially read the following possible ballot language: "Shall the existing documentmy transfer tax on commercial and non- commercial property sold for over one million dollars in the City of Santa Monica he increased by six dollars per one thousand dollars of sales?" City of Santa Monica voters indicated that if the election was held "today," a majority (57 percent) would support the measure.3 Initially, 32 percent of voters do not support the measure.° A further eleven percent are undecided (see Figure 3). Figure 3: Vote on the Documentary Transfer Tax Increase Measure Definitely yes 27% Total Probably yes 15% Yes Undecided, lean yes 15% 57% Undecided, lean no Probably no Definitely no Undecided Total No 21% 32% 20% 30% 40% Voters were also asked abort it companion measure that would advise the Santa Monica City Council to use funds from the documentary transfer tax increase to provide affordable /rousing in the City. A majority of voters (59 percent) initially support the advisory measure. Respondents were initially read the following possible ballot language: "ADVISORY VOTE. To provide affordable housing for low- income people who live or work in Santa Monica, including working families, seniors on fixed incomes, veterans, the homeless, and people with disabilities, shall the City of Santa Monica provide loans to qualified non-profit housing organizations to repair, renovate, build and acquire affordable 3 Definitely vote yes: 27 percent; probably vote yes: 15 percent; lean toward voting yes: 15 percent. " Definitely vote no: 21 percent; probably vote no: seven percent; lean toward voting no: four percent. F'airbank, Maslen, Mnttllin, Metz & flssociates.; Summary of the Key Results from the 2014 City of Santa Monica Issues Survey Page 4 housing if voters approve increasing the existing documentary transfer tax by six dollars per one thousand dollars of commercial and uou- conu:ercial property sides of over one million dollars in the City of Santa Monica ?" City of Santa Monica voters indicated that if the election was held "today," a majority (59 percent) would support the simple majority measure.5 Initially, 30 percent of voters do not support the measure.b A further twelve percent are undecided (see Figure 4). Figure 4: Vote on Advisory Measure to Use Documentary Transfer Tax Measure Funds to Provide Affordable Housing Definitely yes i P 1 1i P 29% 1 Total Probably yes 18% Yes Undecided, lean yes 12% 59% Undecided, lean no 4% Total Probably no 8% No 130% Definitely no 18% Undecided �, -.. 12% 0% 10'/0 20's 30% 40% Reaction to information about the package of ballot measures Respondents also heard the following statement about the current documentary transfer tax and the proposed changes to the tax brought about by passing the measure: "I would now like to tell you a little bit about the documentary transfer tax It is an existing, one -time fee that the city imposes when residential and commercial real estate is sold Currently in Santa Monica, the fee is set at three dollars per every one thousand dollars regardless of the price of the real estate that is sold. The ballot rrreasure we have been discussing would increase that rate to nine dollars per every one thousand dollars in sales price only for property sold for over one million dollars in Santa Monica. It will not change the rate for property sold for less than one million dollars." Fifty -two percent of respondents said that the information made them more likely to support the measures, while twenty -one percent reported that it made them less likely and thirty -three percent said it did not change their position on the measures. ' Definitely vote yes: 29 percent; probably vote yes: 18 percent; lean toward voting yes: 12 percent. s Definitely vote no: 18 percent; probably vote no: eight percent; lean toward voting no: four percent. I airhank,7.. Mgslin, Ma ullin,'? Metz & Associates. :. Summary of the Key Results from the 2014 City of Santa Monica Issues Survey Page 5 Reaction to educational and critical statements about the ballot measures In order to test a variety of Santa Monica voters' opinions (pro and con) about the proposed companion measure, the survey presented respondents with a series of both educational statements describing the need for increasing the availability of affordable housing in the City, as well as critical statements suggesting reasons why voters should not vote for the proposed measures 7 Educational Statements After each educational statement was read, respondents were asked to indicate whether hearing the educational statements made them more inclined to vote for the measure. More than 60 percent of Santa Monica voters said they were more inclined to support the measures because educational messages included the need to provide a safety net for vulnerable individuals and ensuring local control and accountability for affordable housing funds. The individual results on these messages are presented below: This measure provides a safety net to Santa Monica residents who are vulnerable to losing their home (67 percent more inclined to vote yes after hearing this statement). This measure gives Santa Monica locally controlled funds to make affordable housing more available (66 percent more inclined to vote yes after hearing this statement). This measure includes strict fiscal accountability to ensure that funds will be spent as promised (64 percent more inclined to vote yes after, hearing this statement). A presentation of educational statements increases support for the documentary transfer tax measure to 61 percent, with 32 percent opposed and seven percent remaining undecided. Support for the companion advisory measure increases to 67 percent (two - thirds of the electorate) with 29 percent opposed and rove percent remaining undecided. After the initial vote in response to the documentary transfer tax ballot summary, an explanation of the documentary transfer tax and a reading of educational messages, voters were asked again how they would vote on the measure if an election were held "today." On the second vote, support increased by four percent, from 57 to 61 percent.' Opposition remained at 32 percent. The percentage of undecided voters declined from eleven to seven percent. On the second vote, support for the companion measure advising the City to use the revenue generated by increasing the documentary transfer tax to provide affordable housing rose eight percent from 59 to 67 percent.70 Opposition fell one point from 30 to 29 percent." The percentage of undecided voters declined from 12 to five percent (see Figure 5). ' Statements are paraphrased in this memo to highlight . the key aspect of the statements. ' Definitely vote yes: 31 percent; probably vote yes: 18 percent; lean toward voting yes: 12 percent. ' Definitely vote no: 22 percent; probably vote no: seven percent; lean toward voting no: three percent. 10 Definitely vote yes: 32 percent; probably vote yes: 22 percent; lean toward voting yes: 13 percent. Definitely vote no: 21 percent; probably vote no: five percent; lean toward voting no: three percent. Fair bank, Mashn, Maultm, Metz &i; Associates Summary of the Key Results from the 2014 City of Santa Monica Issues Survey Page 6 Figure 5: Vote after Educational Statements on the Documentary Transfer Tax Measure and Companion Advisory Measure Undecided WON 5% = �0 Critical Statements Voters were also read critical statements and asked to indicate whether hearing the respective statement would make them more inclined to vote against the measure. The impact of the critical statements is more modest than the educational statements. More critical messages motivated between 35 and 45 percent of respondents to say they would be more inclined to vote no on the measure. These results never met the legal threshold of 50 percent needed to defeat a measure. The critical statements include claims that the measure will increase density and traffic in Santa Monica, that the City already has the necessary funds to provide additional affordable housing and that taxpayers are already overburdened. After hearing critical statements about the measures, 59 percent of Santa Monica voters still support the documentary transfer tax measure. Thirty -three percent oppose the measure and eight percent are undecided. Sixty -two percent support the companion advisory measure, 29 percent oppose it and nine percent are undecided. In spite of critical statements made against both measures, voters continue to support the measures at higher levels than the 50 percent plus one threshold necessary for passage (see Figure 6: Vote after Critical Statements and Figure 7: Progression of Vote). Fifty -nine percent said they would vote yes to increase the documentary transfer tax, a decline of only two percentage points from the vote after educational messages. 12 The percentage of voters who report they would vote no increases one percentage point from 32 to 33 percent.13 The undecided voter percentage also increases by one percentage point from seven to eight percent 12 Definitely vote yes: 26 percent; probably vote yes: 19 percent; lean toward voting yes: 14 percent. " Definitely vote no: 24 percent; probably vote no: five percent; lean toward voting no: four percent. Fnirbnnk,: Mristin,`?; Maullin,' Metz & Associates Summary of the Key Results from the 2014 City of Santa Monica Issues Survey Page 7 Opinions on the companion advisory measure to dedicate funds to providing affordable housing are somewhat more fluid as support falls five percentage points from 67 percent to 62 percent. 14 The percentage of voters who report they would vote no increases one percentage point from 28 to 29 percent.15 The percentage of undecided voters increases from five percent to nine percent. Figure 6: Vote after Critical Statements on the Documentary Transfer Tax Measure and Companion Advisory Measure Undecided 8% °n zox <axi 9% wn ww Figure 7: Progression of Votes on the Documentary Transfer Tax Measure and Companion Advisory Measure Vote After Initial After Critical Vote Educ. Stmnts. Total Yes 59 ° 67% 62% / Total No 30% 29% 29% Undecided 12% 9% 5% _ Initial Vote 57% Vote After After Critical Educ. Stmnts. 60% 61% 59% 32% 32% 33% 11% w Definitely vote yes: 32 percent; probably vote yes: 17 percent; lean toward voting yes: 15 percent. 15 Definitely vote no: 23 percent; probably vote no: four percent; lean toward voting no: two percent. 60% F GO% 20 °A 0% Fairbank,' Maslin,`.:. 44aullin, `.. Metz &'Z!S.': issociatesa. Summary of the I {ey Results from the 2014 City of Santa Monica Issues Survey Page 8 Support,for the ballot measures at different tax rates (aid structures A majority of respondents reported that they would support an alternative dedicated measure that would expressly link the increase in the documentary transfer tax to spending on providing affordable housing. The alternative measure was supported by as many as 61 percent of respondents with 35 percent opposed and 3 percent undecided. This level of support is well above a simple majority, but below the two - thirds threshold needed for this dedicated type of measure to pass. More than half of voters reported that different tax rates and structures would make them more likely to support the measures. As the structures of the measures are still being determined, the survey tested different tax rates and structures to understand their impact on overall support. More than half of voters said that the following would make them more likely to support the measures: If the documentary transfer tax were set at a higher rate for higher- priced properties (57 percent Much More /Somewhat More Likely) If the documentary transfer tax increase only applied to sales of property over five million dollars (57percent) If the measure raised the documentary transfer tax by $3 instead of $6 per $1,000 of sales (54 percent) Importance of how the Documentary Transfer Tax funds are spent Nearly three - fourths of Santa Monica voters report that they would be more likely to support the ballot measures if funds were used to support vulnerable seniors. Among the many potential ways to increase affordable housing in Santa Monica, voters reported the following four components would make them much more or somewhat more likely to support the measures at rates of between 62 and 72 percent: • Using funds for rental housing support for vulnerable seniors who are at risk of losing their assistance due to state actions (72 percent Much More /Somewhat More Likely) • Making loans to non - profit housing organizations to renovate older apartment buildings for additional affordable housing (69 percent) • Providing short-term, transitional housing subsidies to Santa Monica residents who are at risk of becoming homeless (69 percent) • Making loans to non -profit housing organizations to acquire land and build additional affordable housing (62 percent) Roughly seven -in -ten Santa Monica voters report that they would be more likely to support the measures if funds were set aside in a separate trust fund used solely for providing affordable housing or if the measure required that preference for affordable housing be given to people who live or work in Santa Monica. Fairbank, juaslin,' Maultin, 3lletz` &`;,'' Associates... Summary of the Key Results from the 2014 City of Santa Monica Issues Survey Page 9 Voters were asked about several accountability provisions to ensure funds are used as promised. Respondents said the following provisions would make them much more or somewhat more likely to support the measure at rates between 53 and 72 percent: Requiring that all funds be set aside. in a separate Santa Monica Affordable Housing trust fund so that funds cannot be used for other purposes (72 percent Much More /Somewhat More Likely) Requiring that preference for affordable housing funded by the measure be given to people who live or work in Santa Monica (69 percent) Requiring the measure to expire after 10 years (53 percent) Fairbank, ; Maslin,' Metz & .4ssociales:`. Attachment D Attachment E MEDIAN RESIDENTIAL SALES PRICES SANTA MONICA 2000 -2013 Median Sales Price Santa tvl inica, CA I All properties I All years $1.20M e et $5001( 41 \t 3 / i, 1% $3388 $2001( $OK 2000 2001 2002 2003 2001 2005 2006 2007 2008 2009 2010 2011 2012 2013 El All properties SOURCE: TRULIA