League of Women Voters of California Education Fund
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Measure K Increase Transient Occupancy Tax City of Mission Viejo Majority Approval Required 17544 / 40.6% Yes votes ...... 25690 / 59.4% No votes
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Index of all Measures |
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| Information shown below: Impartial Analysis | Arguments | Full Text | ||||
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Shall the City of Mission Viejo's transient occupancy tax be increased as outlined in thas measure?
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| Arguments For Measure K | Arguments Against Measure K | ||
| Like most local governments in California, the City of Mission Viejo receives
a portion of the sales and property taxes paid by its residents to provide
police services, street maintenance, 40 public parks, a Library, City Hall, the
Murray community center and the Montanoso and Sierra recreation
centers. While it is the residents of Mission Viejo who pay for these
services and amenities, all that come to visit our beautiful master-planned
community receive benefit.
Cities nationwide use the Transient Occupancy Tax (TOT), also known as
the Hotel Bed Tax, as a means for having visitors help pay their fair share of
the services and amenities they use while staying in town. Since
incorporation in 1988, the Mission Viejo TOT rate has been 8%. A recent
rate survey of the 34 cities in Orange County revealed a TOT rate range as
high as 15% and as low as 6%, with the median TOT rate of 10%.
In fiscal year 2005-06 the TOT in Mission Viejo is expected to generate
approximately $575,000 per year. A modest increase to 10% TOT would
result in an additional $143,000 per year. This additional money to the City
could be used toward future roadway traffic improvements, proposed facility
expansions or to fund recent police patrol increases to maintain Mission
Viejo's exclusive distinction as California's safest city.
An increase to the TOT will raise much-needed revenue without raising
taxes on our residents, and fairly ensures that visitors to Mission Viejo pay a
rate consistent with what Mission Viejo residents pay when visiting other
cities. To continue to effectively and efficiently maintain the high levels of
service residents have come to expect, and to be consistent with other
municipalities in Orange County, we urge you to approve a 10% TOT rate
by voting "YES."
| Do you ever wonder why we constantly hear the same old tax and spend
arguments? It's because the nature of government and the propensity to
rationalize more spending haven't changed.
The proponents of tax and spend may offer the classic "we're not talking
about a lot of money" argument, but they don't understand that we are
talking about basic principles and the insatiable appetite of those in
government who spend tax dollars.
A little bit of life, a little bit of thought, a little bit of work; all of these things are
what it takes to make money. Giving to or spending money on your children
or grandchildren is a way of giving a little bit of your life to your loved ones,
we should not chip away at the ability of people to do so.
Forget about the socialist bureaucrat arguments and what other cities do.
This is your opportunity to tell the city council to live within its means.
Say Yes to fiscal restraint. Just Vote NO!
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| Full Text of Measure K |
| AN ORDINANCE OF THE CITY OF MISSION VIEJO AMENDING SECTION 3.25.030 OF THE MISSION VIEJO MUNICIPAL CODE TO INCREASE THE RATE OF THE TRANSIENT OCCUPANCY TAX (ALSO KNOWN AS THE HOTEL BED TAX) FROM EIGHT PERCENT (8%) TO TEN PERCENT (10%) TO BE EFFECTIVE ONLY UPON APPROVAL OF A MAJORITY OF THE VOTERS VOTING ON THE ORDINANCE AT THE ELECTION TO BE HELD ON NOVEMBER 2, 2004 THE PEOPLE OF THE CITY OF MISSION VIEJO DO ORDAIN AS FOLLOWS: Section 1. Transient Occupancy Tax Increase to Ten Percent (10%) Section 3.25.030 of the Mission Viejo Municipal Code is hereby amended to read as follows: "For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator. This tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator of the hotel at the time the rent is paid. The unpaid tax is due upon the transient's ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax be paid directly to the tax administrator. The tax shall be collected by the tax administrator and placed into the City's general fund to be used for general municipal purposes and shall not be pledged or designated for any particular use." Section 2. Approval of Voters Required; Effective Date. This Ordinance, being for the increase of a general tax, shall be submitted to a vote of the people at the City's general municipal election to be held on November 2, 2004. This Ordinance shall become valid and binding only if a majority of the voters voting thereon vote in its favor at this election and shall be effective on the date that the City Council certifies the results of this election. Section 3. Amendment. The qualified voters of the City of Mission Viejo reserve the right to change the general tax enacted and imposed by this Ordinance. The City Council may modify the provisions of Mission Viejo Municipal Code Section 3.25.030, or assign it a different section number in the Municipal Code in order to provide for the orderly administration of the tax without a vote of the people, but the Council shall not increase the tax rate, convert it to a special tax, or expand the application of the tax without a vote of the people. Section 4. CEQA Findings. Pursuant to the California Environmental Quality Act (CEQA), the levy and collection of these taxes is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines because the rates and charges are necessary to maintain existing improvements and operations within the City. Section 5. Severance Clause. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the voters approving this Ordinance that such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The voters approving this Ordinance hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional. Section 6. Certification. Upon the certification by the City Council of the results of the election of November 2, 2004, that a majority of the voters voting on this Ordinance voted in its favor, the Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance. |
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Created: December 15, 2004 13:32 PST
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