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LWV League of Women Voters of California Education Fund
Smart Voter
San Diego County, CA June 3, 2008 Election
Proposition G
Transient Occupancy Tax For Short Term Rental Units
City of Encinitas
City Ordinance - Two-Thirds Approval Required

Fail: 7117 / 64.98% Yes votes ...... 3835 / 35.02% No votes

See Also: Index of all Propositions
Results as of Jul 31 1:35pm
Information shown below: Fiscal Impact | Impartial Analysis | Arguments |

Shall an ordinance be approved to amend Section 3.12.030 of the Encinitas Municipal Code to require guests of short term rental units (30 days or less) to pay 2% of the rent charged as a special transient occupancy tax for beach sand replenishment and stabilization projects effective January 1, 2009?

Fiscal Impact from the City Attorney:
Undetermined. The amount of tax revenue that will result from the proposed tax cannot be determined in advance of knowing the amount of rents received by operators of short term rentals.

Impartial Analysis from the City Attorney
EXISTING LAW: The City of Encinitas currently imposes a special transient occupancy tax on any hotel guest who rents a unit in a hotel for 30 days or less at a rate of 2% of the rent charged by the hotel operator. Under existing law, any such rental in any structure or portion of any structure which has three or more units is subject to this tax. The term "hotel" is defined to include hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or other. The tax revenues derived may only be used by the City for beach sand replenishment and stabilization projects.

EFFECT OF MEASURE ON EXISTING LAW: If two-thirds of the votes cast on this measure are "yes," then commencing on January 1, 2009, existing law would be amended to apply the application of a special transient occupancy tax regardless of the number of units in a structure and to expressly include short term rental units (for 30 days or less) in the definition of the term "hotel." Consequently, any guest of a hotel (as defined), regardless of the number of units contained in the structure, along with short term rentals, would be required to pay a special transient occupancy tax at a rate of 2% of the rent charged for use by the City for beach sand replenishment and stabilization projects.

   Official Information

City of Encinitas
News and Analysis

North County Times

San Diego Union Tribune
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Arguments For Proposition G Arguments Against Proposition G
In 1998, the citizens of Encinitas approved, by the required 2/3 vote, a 2% special Transient Occupancy Tax for all guests staying in hotels, motels and bed and breakfast establishments in the City. This special 2% tax increases our total TOT to a level of 10% which is comparable to all other San Diego County cities. The big difference is that this 2% is exclusively dedicated to replenishing lost sand on our local beaches and stabilizing our shoreline for the enjoyment of our citizens and visitors.

IMPORTANTLY, THIS FEE TO PROTECT AND PRESERVE OUR BEACHES AND SHORELINE WILL BE PAID BY VISITING GUESTS ONLY, NOT BY PROPERTY OWNERS OR CITY RESIDENTS.

Right now, all visitors staying in traditional lodging such as hotels, motels, bed and breakfast guest facilities in Encinitas already contributes this 2% for beach sand replenishment and shoreline stabilization projects.

With the adoption of this special dedicated fund, the City of Encinitas was able to complete the highly successful 2001 sand replenishment project. By requiring all short-term visitors to pay this special 2% Transient Occupancy Tax, the city will be able to plan and implement additional beach sand projects in the future.

JAMES BOND
Councilmember

DON HANSEN
Owner, Hansen's

DAN DALAGER
Councilmember

PEDER NORBY
Hwy 101 Coordinator
(Consultant)

CHARLIE SOUGIAS
Local Business Owner

No argument against the proposition was filed in the office of the City Clerk.

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Created: July 31, 2008 13:36 PDT
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