City of Piedmont
COUNCIL AGENDA REPORT
DATE: June 15, 2026
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Introduction and First Reading of Ordinance 792 N.S., Amending Chapter 20, Article IV of the Piedmont City Code To Provide for an Increase of the Real Property Conveyance Tax
RECOMMENDATION
Approve the first reading of Ordinance 792 N.S., Amending Chapter 20, Article IV of the Piedmont City Code to increase the Real Property Conveyance Tax (RPCT), subject to voter approval at the November 3, 2026 election.
BACKGROUND
At its June 1, 2026 meeting, the Council directed staff to proceed with next steps to increase the City’s Real Property Conveyance Tax. The Council has indicated that new revenue generated would be directed toward ongoing facilities and infrastructure maintenance.
In its report presented to the Council on May 18, 2026, the Budget Advisory and Financial Planning Committee (BAFPC) recommended that the City Council consider increasing the current rate from $13.00 per $1,000 of sales price (1.3%) to a range between $15.00 and $18.00 per $1,000 of sales price (1.5% to 1.8%). The Committee also suggested that the Council may wish to evaluate a tiered rate structure similar to those adopted in several neighboring jurisdictions. The Committee recommended that any approved increase remain in effect in perpetuity unless subsequently modified or repealed by the voters.
Piedmont’s current RPCT rate is lower than those of Albany, Berkeley and higher than those of some other cities in California. An increase in the tax rate to levels still below or on par with these neighboring cities would provide additional funding for facilities maintenance while affecting a minimal number of residents, as the tax is a one-time tax levied on a property at the time of sale.
In Alameda County, city transfer taxes are typically split between the buyer and seller, but individual buyers and sellers are free to negotiate any arrangement they choose.
The Council examined RPCT rates of $15.00, $17.50 and $18.00 per $1,000 of sales price as potentially appropriate for Piedmont. An alternative rate greater than the range recommended by the BAFPC was also discussed; therefore, an option of $20.00 per $1,000 of sales price is provided as an additional data point.
At the current rate of $13.00 per $1,000 of sales price, the transfer tax revenue is budgeted at $4.2 million. The table below shows additional revenue annually for the various options. Assuming the last 10-year average market activity and a flat rate structure, an increase in the RPCT could generate approximately $677,000 to $2.4 million in additional revenues per year.
Rate Additional Revenue
1.50% $677,000
1.75% $1,521,000
1.80% $1,692,000
2.00% $2,366,000
The proposed ordinance contemplates an increase in the Real Property Conveyance Tax rate and at the Council’s direction it has been drafted to allow the City Council to determine the rate to be submitted to the voters. The Council has previously discussed rates of $15.00, $17.50, $18.00, and $20.00 per $1,000 of sales price. The fiscal impacts associated with each option are summarized above.
The proposed ordinance also clarifies existing exemptions from the Real Property Conveyance Tax regarding public agencies by specifically including property transfers made to facilitate improvements financed with tax-exempt bonds, removes references to repealed federal regulations, and clarifies the tax redetermination process.
A ballot measure to increase the Real Property Conveyance Tax requires approval by a majority vote of the electorate and would take effect on July 1, 2027. A resolution placing this Ordinance on the ballot for the November 3, 2026 election will be presented by staff along with the second reading of the Ordinance on or before July 20, 2026. If approved by voters, the new tax rate would be in effect until otherwise modified or repealed by voters. If the Ordinance is not approved by voters, the existing tax and tax rate would remain in effect without modification.
POTENTIAL BALLOT TIMELINE:
Should the City Council wish to place a Real Property Conveyance Tax measure on the November 2026 ballot, the measure materials need to be submitted to the Alameda County Registrar of Voters by no later than August 7, 2026. To meet that deadline, the City needs to complete the required ordinance introduction and adoption process with two public hearings. Potential meeting dates for consideration could include July 6 and July 20, 2026. The timeline also requires preparation of ballot materials, legal review, and community outreach activities during the summer months.
FISCAL IMPACT
Assuming the 10-year average market activity and a flat rate structure, an increase in the RPCT could generate approximately $677,000 to $2,366,000 in additional revenues per year. Actual revenues will vary based on real estate market conditions and property sales activity. If approved Agenda Report Page 2
by voters, additional revenue would support the City’s General Fund and help to address increasing deferred maintenance and long-term capital infrastructure needs.
ATTACHMENTS
A) Ordinance 792 N.S.
Agenda Report Page 3
ORDINANCE NO. 792 N.S.
AN ORDINANCE AMENDING CHAPTER 20, ARTICLE IV
OF THE PIEDMONT CITY CODE PROVIDING FOR AN INCREASE OF THE REAL
PROPERTY CONVEYANCE TAX
The People of the City of Piedmont hereby ordains as follows:
SECTION 1. FINDINGS
It is the intent of the City Council of the City of Piedmont in adopting this Ordinance to provide for the increase of an existing tax imposed on each transfer, by deed, instrument or writing, by which any lands, tenements or other real property sold, located in the City. The increase in such tax is made necessary due to aging infrastructure which is escalating operating costs that outpace the growth of City revenues; the City’s desire to maintain the quality of services provided and to address its ongoing capital needs; and the City Council’s determination that without additional revenues, the City will be compelled to make spending reductions to programs and services that may jeopardize the public health, safety and general welfare of residents and visitors, as well as curtail funding for maintenance, construction and other improvements to City facilities, infrastructure and the natural environment. As a result, the City Council has determined that it is appropriate and fiscally prudent to submit a revised real property conveyance tax to the voters.
The tax would apply to the sale of real property until ended by the voters; and revenues from the tax could be used for any legitimate governmental purpose; this measure is not a commitment to any particular action or purpose. The tax is a general tax and shall be approved if the measure receives at least a simple majority of affirmative votes.
SECTION 2. AMENDMENT OF CHAPTER 20, ARTICLE IV
Chapter 20, Article IV of the City Code is hereby amended to read in its entirety as follows:
“ARTICLE IV. REAL PROPERTY CONVEYANCE TAX
SEC. 20.83 TITLE AND PURPOSE
This article may be cited as the “Piedmont Real Property Conveyance Tax Ordinance.” The tax imposed under this article is a general tax solely for the purpose of raising revenue for the usual and current expenses of the City. This article is not enacted for regulatory purposes.
SEC. 20.84 IMPOSITION OF TAX
A tax is hereby imposed on each transfer, by deed, instrument or writing, by which any lands, tenements or other real property sold, located in the City, are or is granted, assigned, transferred or otherwise conveyed to, or vested in, a purchaser or purchasers thereof, or any other person or persons at or by the direction of said purchaser or purchasers, when the value of the consideration exceeds one hundred dollars, said tax to be at the rate of $_________ for each one thousand dollars or Agenda Report Page 4
Ordinance _____ N.S.
2 fractional part of one thousand dollars of the value of the consideration. Transfers for no consideration are exempt.
As used herein, “value of the consideration” means the total consideration, valued in money of the United States, paid or delivered or contracted to be paid or delivered in return for the transfer of real property, including the amount of any indebtedness, existing immediately prior to the transfer which is secured by a lien, deed of trust or other encumbrance on the property conveyed and which continues to be secured by such lien, deed of trust or encumbrance after said transfer, and also including the amount of any indebtedness which is secured by a lien, deed of trust or encumbrance given or placed upon the property in connection with the transfer to secure the payment of the purchase price or any part thereof which remains unpaid at the time of the transfer. “Value of the consideration” also includes the amount of any special assessment levied or imposed upon the property by a public body, district or agency, where said special assessment is a lien or encumbrance on the property and the purchaser or transferee agrees to pay such a special assessment or takes the property subject to the lien of such special assessment. The value of any lien or encumbrance of a type other than those which are hereinabove specifically included, existing immediately prior to the transfer and remaining after said transfer, shall not be included in determining the value of the consideration. If the value of the consideration cannot be definitively determined, or is left open to be fixed by future contingencies, “value of the consideration” shall be deemed to mean the fair market value of the property at the time of transfer after deducting the amount of any lien or encumbrance if any of a type which would be excluded in determining the value of the consideration pursuant to above provisions of this section.
SEC. 20.85 LIABILITY FOR PAYMENT
Any tax imposed pursuant to section 20.84 hereof shall be paid by any person who makes, signs or issues any document or instrument by which any lands, tenements or other real property sold, located in the City, are or is granted, assigned, transferred or otherwise conveyed to, or vested in, a purchaser or purchasers thereof or for whose use or benefit the same is made, signed or issued.
SEC. 20.86 EXEMPTION-WRITTEN SECURITY INSTRUMENT
Any tax imposed pursuant to this article shall not apply to any instrument in writing given to secure a debt.
SEC. 20.87 SAME-UNITED STATES, STATE OR POLITICAL SUBDIVISION Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this article when the exempt agency is acquiring title. Any tax imposed by this article shall also not apply with respect to any deed, instrument or other writing by which the State of California, any political subdivision thereof, or any agency or instrumentality of either thereof, conveys to a Agenda Report Page 5
Ordinance _____ N.S.
3 nonprofit corporation realty, and the acquisition, construction or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a government unit, within the meaning of Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.
SEC. 20.88 SAME-BANKRUPTCY PROCEEDINGS
Any tax imposed pursuant to this article shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganizing 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 subdivision (m) of Section 205 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 subdivision (3) of Section 506 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.
Subdivisions (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.
SEC. 20.89 SAME INSTRUMENTS PURSUANT TO S.E.C. ORDER
Any tax imposed pursuant to this article 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 1954; 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.
SEC. 20.90 SAME-PARTNERSHIPS
(a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this article by reason of any transfer of an interest in a partnership or otherwise if:
Agenda Report Page 6
Ordinance _____ N.S.
4 (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; 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 1954, for purposes of this article, 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 article by reason of a termination described in subdivision (b) of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.
SEC. 20.91 INSTRUMENTS IN LIEU OF FORECLOSURE
Any tax imposed pursuant to this article shall not apply with respect to any transfer to a beneficiary or mortgagee which is taken in lieu of a foreclosure.
SEC. 20.92 ADMINISTRATION OF TAX
The tax collector of the City (hereinafter in this article referred to as “tax collector”) shall collect the tax imposed under this article and shall otherwise administer this article. He may make such rules and regulations, not inconsistent with the article, as he may deem reasonably necessary or desirable to administer this article.
SEC. 20.93 DUE DATES; DELINQUENCY; PENALTIES; INTEREST
The tax imposed under this article is due and payable at the time of the deed, instrument or writing effecting a transfer subject to the tax is delivered, and is delinquent if unpaid at the time of recordation thereof. In the event that the tax is not paid prior to becoming delinquent, a delinquency penalty of ten percent of the amount of tax shall accrue.
In the event a portion of the tax is unpaid prior to becoming delinquent, the penalty shall only accrue as to the portion remaining unpaid. An additional penalty of ten percent shall accrue if the tax remains unpaid on the ninetieth day following the date of the original delinquency. Interest shall accrue at the rate of one-half of one percent a month or fraction thereof, on the amount of tax, exclusive of penalties, from the date the tax becomes delinquent to the date of payment. Interest and penalty accrued shall become a part of the tax.
Agenda Report Page 7
Ordinance _____ N.S.
5 SEC. 20.94 DECLARATION REQUIRED
The tax imposed by this article shall be paid to the tax collector by the persons referred to in section 20.85. Payment shall be accompanied by a declaration of the amount of tax due signed by the person paying the tax or by his agent. The declaration shall include a statement that the value of the consideration on which the tax due was computed includes all indebtedness secured by liens, deeds of trust, or other encumbrances remaining or placed on the property transferred at the time of transfer, and also includes all special assessments on the property which the purchaser or transferee agrees to pay or which remain a lien on the property at the time of transfer.
The declaration shall identify the deed, instrument or writing effecting the transfer for which the tax is being paid. The tax collector may require delivery to him of a copy of such deed, instrument or writing whenever he deems such to be reasonably necessary to adequately identify such writing or to administer the provisions of this article. The tax collector may rely on the declaration as to the amount of the tax due, provided he has no reason to believe that the full amount of the tax due is not shown on the declaration.
Whenever the tax collector has reason to believe that the full amount of tax due is not shown on the declaration or has not been paid, he may, by notice served upon any person liable for the tax, require him to furnish a true copy of the 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.
SEC. 20.95 DETERMINATION OF DEFICIENCY
If on the basis of such information as the tax collector receives pursuant to the last paragraph of section 20.94 and/or on the basis of such other relevant information that comes into his possession, he determines that the amount of tax due as set forth in the declaration, or as paid, as insufficient, he may re-compute the tax due on the basis of such information.
If the declaration required by section 20.94 is not submitted, the tax collector may make an estimate of the value of the consideration for the property conveyed and determined the amount of tax to be paid on the basis of any information in the possession or that may come into his possession.
One or more deficiency determinations may be made of the amount due with respect to any transfer.
SEC. 20.96 NOTICE OF DETERMINATION
The tax collector shall give notice to a person liable for payment of the tax imposed under this article of his determination made under section 20.95 (“Notice of Determination”). Such Notice of Determination shall be given within three years after Agenda Report Page 8
Ordinance _____ N.S.
6 the recordation of the deed, instrument or writing effecting the transfer on which the tax deficiency determination was made.
SEC. 20.97 MANNER OF GIVING NOTICE
Any notice required to be given by the tax collector under this article 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 address as it appears in the records of the City or as ascertained by the tax collector. 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.
SEC. 20.98 PETITION FOR REDETERMINATION
Any person against whom a Notice of Determination is made under this article or any person directly interested may petition the tax collector for a redetermination within sixty days after service upon the person of notice thereof. If a petition for redetermination is not filed within the sixty-day period, the determination becomes final at the expiration of the period. If there is no appeal of the tax collector’s decision on a petition for redetermination, then the decision of the tax collector shall be final. Writs challenging the tax collector’s decision must be filed with the appropriate court within ninety (90) days of the final date of such redetermination. (Code Civ. Proc. § 1094.6.) SEC. 20.99 CONSIDERATION OF PETITION; HEARING
If a petition for redetermination is filed within the sixty-day period, the tax collector shall reconsider the determination and, if the person has so requested in his petition, shall grant the person an oral hearing, and shall give him ten days’ notice of the time and place of the hearing. The tax collector 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.”
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase or word of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE & POSTING
This Ordinance shall require passage by a 4/5ths vote of the City Council in compliance with the provisions of Section 53724(b) of the California Government Code. This Ordinance shall be posted at City Hall after its second reading by the City Council for at least 30 days. If approved by majority of voters casting votes in the election on November 3, 2026 it shall become effective on July 1, 2027 (the “Effective Date”).
Agenda Report Page 9
Ordinance _____ N.S.
7 SECTION 5. REPEAL AND REPLACEMENT OF EXISTING CITY REAL PROPERTY
CONVEYANCE TAX
Upon the Effective Date of this Ordinance, the existing Real Property Conveyance Tax, as enacted under Ordinances Nos. 277 N.S., 282 N.S., and 364 N.S., as codified at City Code Chapter 20, Article IV, shall be repealed, terminated, and of no further force and effect, and shall be replaced by the tax authorized by this Ordinance. In the event that this Ordinance is not adopted by the voters, this Ordinance shall have no effect and the provisions codified at City Code Chapter 20, Article IV shall remain in full force and effect until repealed by the City Council.
SECTION 6. TERMINATION DATE
The authority to levy the tax imposed by this ordinance shall extend until terminated by the voters.
Agenda Report Page 10