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Santa Barbara County, CA November 6, 2012 Election
Measure E2012
Transient Occupancy Tax
City of Carpinteria

Ordinance - Majority Approval Required

Pass: 4061 / 77.80% Yes votes ...... 1159 / 22.20% No votes

See Also: Index of all Measures

Results as of Dec 4 3:18pm, 100.0% of Precincts Reporting (7/7)
Information shown below: Impartial Analysis | Arguments | Full Text

To help maintain essential City services such as streeUpothole repair, park maintenance, law enforcement, youth and senior programs, and other City services, shall the City of Carpinteria adopt an ordinance to raise the City's hotel bed tax (Transient Occupancy Tax) from ten to twelve percent, paid only by hotel guests on their room rates, with annual independent audits, local oversight, and no money going to Sacramento?

Impartial Analysis from City Attorney
IMPARTIAL ANALYSIS BY CITY ATTORNEY City of Carpinteria -Measure E2012 (Transient Occupancy Tax- Amendment to Carpinteria Municipal Code 3.20.030) Measure E2012 is a proposed ordinance to amend Chapter 3.20 of the City of Carpinteria Municipal Code pertaining to the City's hotel bed tax (transient occupancy tax). The amendment would increase the City's transient occupancy tax rate from 10% to 12%. The 12% rate would become effective on January 1, 2013.

The transient occupancy tax is charged only to persons occupying hotels and other structures falling within the definition of a "hotel" as defined in Carpinteria Municipal Code Chapter 3.20 for 30 consecutive days or less. A "hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy for dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house, motel, and other structures. The person occupying the hotel is currently charged a tax in the amount of 10% of the rent charged by the operator of the hotel. The tax is considered a debt owed to the City. The tax has remained at a rate of 10% since 1991.

The operator of the hotel collects the tax from the guest and then remits the tax to the City. As an example of the effect of this Measure, a guest who is charged $100 for a one night stay in a hotel room currently pays $10 to the City for the transient occupancy tax. If this Measure is approved, a guest would be required to pay $12 in tax for that same $100 room.

This Measure proposes a general tax as defined in the California Constitution. The revenues from the tax are placed into the City's general fund to be used for any lawful purpose of the City. The City anticipates that it may use such revenues to help support a variety of services, including but not limited to street/pothole repair, park maintenance, tourism promotion/economic vitality, law enforcement, youth and senior programs, and other City services. Revenues from the tax are not designated for any particular purpose.

If this Measure is approved, the City Council may repeal the rate increase, reduce the rate below 12%, or, if reduced below thatrate, increase the rate back to 12%, all without further 'voter approval. The City Council, however, may not increase the transient occupancy tax rate above 12% unless the voters approve such increase by vote.

A "Yes" vote on this Measure is a vote in favor of increasing the transient occupancy tax from 10% to 12%. A "No" vote on this Measure is a vote to maintain the transient occupancy tax at the current rate of 10%. This Measure will be adopted if it is approved by a majority of voters voting on it.

A copy of this Measure and related materials are available on the City's website at http://www.carpinteria.ca.us.

The above statement is an impartial analysis of Measure E2012. If you desire a copy of the Measure, please call the election's official at (805) 684-5405 ext. 403 and a copy will be mailed at no cost to you.

Dated: July 16, 2012

Peter N. Brown City Attorney

 
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Arguments For Measure E2012 Arguments Against Measure E2012
Argument in Favor of Measure E2012

Yes on Measure E is an EASY choice! Measure E will provide much needed revenue to support City services, including services used by visitors and that help promote tourism. Costs for street and park maintenance, law enforcement, the library, and many other services are paid by local residents, but are also enjoyed by visitors to Carpinteria. The hotel bed tax is paid by guests staying in hotels and motels. Measure E therefore is an opportunity to increase needed revenue without increasing taxes on local residents.

A vote in favor of this measure will increase the hotel bed tax rate from 10% to 12%, and is expected to generate approximately $250,000 annually to help maintain basic City services and provide opportunities for enhancing certain services. Because revenue from Measure E cannot be taken by the state, 100% of these funds will be used to pay for City services.

Measure E is an important part ofthe City's response to the economic recession that has included no increases in taxes on local residents, minimizing cuts in municipal services, supporting growth in the local economy, providing youth and senior services, , and maintaining healthy reserves.

The hotel bed tax rate has not changed since 1991. The City of Santa Barbara already has a 12% rate, and the cities of Goleta, Buellton and Solvang are asking voters to increase their respective hotel bed tax rates to 12%.

The proposed hotel bed tax increase is fair, reasonable, and necessary to ensure the long-term financial health of the City and the continuation of important City services. High quality City services help make Carpinteria a tourist destination for people from throughout California and around the world. Yes on Measure E is an EASY choice to help keep Carpinteria a great place to live, work, and visit!

The undersigned authors of the primary argument in favor of Ballot Measure E2012 at the General Municipal Election for the City of Carpinteria to be held on November 6, 2012 hereby state that this argument is true and correct to the best of their knowledge and belief.

Title Date

AI Clark, Mayor

J. Bradley Stein, Vice Mayor

Gregg Carty, Councilmember

Arguments against by qualified groups are welcome.

Full Text of Measure E2012
RESOLUTION NO. 5384

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO INCREASING THE RATE OF THE CITY'S TRANSIENT OCCUPANCY TAX ("HOTEL BED TAX")

WHEREAS, under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on November 6, 2012, for the election of Municipal Officers; and

WHEREAS, the City Council also desires to submit to the voters at the election a question relating to increasing the rate of the City's hotel bed tax;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Carpinteria, California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing two Members of the City Council for the full term of four years.

SECTION 2. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Carpinteria, California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of submitting to the City electors the question of the adoption of Ordinance No. 656 amending the Carpinteria Municipal Code to increase the hotel bed tax from ten percent (10%) to twelve percent (12%).

SECTION 3. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election to be held November 6, 2012, the following question:

City Services Support Measure

To help maintain essential City services such as street/pothole repair, park maintenance, law enforcement, youth and senior programs, and other City services, shall the City of Carpinteria adopt an YES NO ordinance to raise the City's hotel bed tax (Transient Occupancy Tax) from ten to twelve percent, paid only by hotel guests on their room rates, with annual independent audits, local oversight, and no money going to Sacramento?

SECTION 4. That the proposed complete text of the measure submitted to the voters is attached as Exhibit "A" and incorporated herein by reference. The complete text of the measure will not be printed in the voter pamphlet, but will be made available to the public and to any voter upon request, pursuant to the requirements of the Elections Code.

SECTION 5. That in the event a majority of City electors voting on the ballot measure set forth above vote in favor thereof, Ordinance No. 656 shall be automatically adopted and shall amend the Carpinteria Municipal Code to read as set forth in Exhibit "A," effective ten (10) days following the certification of the election results with no further action by the Council.

SECTION 6. That Ordinance No. 656 imposes a general tax as defined in Subsection (a) of Section 1 of Article XIIIC of the California Constitution, the proceeds of which shall be deposited in the City's general fund to be used for any lawful general purposes of the City. The tax shall be collected in the manner provided by Chapter 3.20 of the Carpinteria Municipal Code, incorporated herein by reference.

SECTION 7. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 8. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 9. That the polls for the election shall be open at 7:00 o'clock a.m. on the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Codež 10242, except as provided inž 14401 of the Elections Code of the State of California.

SECTION 10. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 11. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 12. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 13. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 14. The City Council finds, pursuant to Title 14 of the California Code of Regulations Section 15378(b)(4) and (5), that this Resolution is exempt from the requirements of the California Environmental Quality Act because it is not considered a "project" in that it involves fiscal activities which do not involve a commitment to any specific project and in that it is an organizational or administrative activity of government that will not result in direct or indirect physical changes to the environment. If the proposed ordinance were to be found a "project," it would be exempt from CEQA review pursuant to Public Resources Code Section 21080(b)(8) because it establishes a rate for the purpose of meeting the City's operating expenses.

PASSED, APPROVED AND ADOPTED on June 11, 2012, by the following vote:

AYES: COUNCILMEMBER: GARTY, REDDINGTON, STEIN, CLARK NOES: COUNCILMEMBER: ARMENDARIZ

ATTEST: City Clerk

Mayor

I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on June 11, 2012.

City Clerk, C1ty of Carp1ntena *

APPROVED AS TO FORM:

Exhibit 11 A11

ORDINANCE NO. 656

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING SECTION 3.20.030 OF THE CITY OF CARPINTERIA MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX ("HOTEL BED TAX") ON RENT CHARGED TO HOTEL GUESTS FROM TEN PERCENT (10%) TO TWELVE PERCENT (12%)

WHEREAS, the City Council, after receiving Staff Reports and presentations (including recommendations from its Finance and Budget Committee), on the City's financial condition and related matters at its regular public meetings of February 23, 2009, June 8, 2009, June 14, 2010, and January 24, 2011, developed and implemented a series of Financial Recovery Strategies aimed at improving City revenues and reducing expenses, and one of the Strategies is to consider placing a question before voters concerning a tax increase; and

WHEREAS, the City Council has enacted many ongoing revenue improvement and cost reduction measures as a part of its Financial Recovery Strategy such as establishing incentives for new development and business, promoting local business and tourism, updating fees and charges for services, reducing expenses such as employee compensation, law enforcement and other contract costs, and reducing utilities costs through efficiency improvements; and

WHEREAS, at its regular meeting of September 12, 2011, the City Council received a report on Revenue Measure Options, which concluded among other things that the number and frequency of visitors to Carpinteria impacts the cost to the City for providing local government services and, after deliberating on several revenue measure options, the City Council elected to explore with the community the potential for a Transient Occupancy Tax, i.e., hotel bed tax, rate increase; and

. * WHEREAS, the City Council has also considered information provided by staff at regular meetings that calculates that an increase in the hotel bed tax rate from 10% to 12% would generate approximately $250,000 in additional annual revenue; and

WHEREAS, additional revenue from a hotel bed tax rate increase would help to offset expenses associated with important local government services including but not limited to street and pothole repair, law enforcement protection, and parks and recreation services, and would also support the City's ability to promote local tourism and provide financial assistance to a variety of local service providers including the Carpinteria branch library, Boys & Girls Club, Girls Inc., and others; and

WHEREAS, the City Council at its regular public meeting of May 14, 2012, considered community survey results that indicate voter support for a hotel bed tax rate increase.

NOW, THEREFORE, the People of the City of Carpinteria do hereby ordain as follows:

Ordinance No. 656 Page 2

SECTION 1. INCORPORATION OF RECITALS

The People of the City of Carpinteria find and determine that the above recitals are incorporated herein and are each relied upon independently by the People for its adoption of this Ordinance.

SECTION 2. AMENDMENT

Section 3.20.030 of Chapter 3.20 of Title 3 of the Carpinteria Municipal Code is hereby amended to read as follows:

"For privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve percent of the rent charged by the operator. Such tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or the city."

SECTION 3. GENERAL TAX

The Transient Occupancy Tax assessed by this Ordinance is a general tax as defined in Subsection (a) of Section 1 of Article XIIIC of the California Constitution, the proceeds of which shall be deposited in the City's general fund to be used for any lawful general purposes of the City.

SECTION 4. ADJUSTMENTS TO TAX RATE

Notwithstanding Section 9217 of the Elections Code, without a vote of the people the City Council may do any and all of the following: (i) repeal this Ordinance; (ii) reduce the rate of the Transient Occupancy Tax below twelve percent (12%); or (iii) increase the rate of the Transient Occupancy Tax back to twelve percent (12%) if it has been previously reduced below such rate. In no event shall the City Council increase the rate of the Transient Occupancy Tax in excess of twelve percent (12%) without approval by a majority of the voters voting in an election for the increase.

SECTION 5. SEVERABILITY

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The People of the City of Carpinteria hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 6. APPROVAL BY ELECTION; EFFECTIVE DATE

This Ordinance amending Section 3.20.030 of Chapter 3.20 of Title 3 of the Carpinteria Municipal Code shall be in full force and effect ten (10) days after the date on which the City Council has approved the canvass of votes and declared that the voters of the City of Carpinteria have approved said Ordinance by a vote of no less than a majority of the votes cast by the electors voting on the tax measure set forth in this Ordinance at the general municipal election to be held Tuesday, November 6, 2012. The effective date for purposes of levying the increased tax, should the voters approve this Ordinance, shall be January 1, 2013.

SECTION 7. PROPOSAL OF ORDINANCE

This Ordinance was proposed by the City Council of the City of Carpinteria through the adoption of Resolution No. 5384 by the affirmative votes of not less than four of its Members as required by Government Code Section 53724(b).

SECTION 8. ATTESTATION BY MAYOR

The Mayor is hereby authorized to attest to the adoption of this Ordinance by signing where indicated below.

SECTION 9. PUBLICATION

The City Clerk shall publish this Ordinance as required by law. I hereby certify that the foregoing ordinance was PASSED, APPROVED, AND ADOPTED this day of , 2012, by the People of the City of Carpinteria voting on the sixth day of November, 2012 by the* following electoral results:

VOTES IN FAVOR: VOTES AGAINST:

Mayor of the City of Carpinteria City Clerk, City of Carpinteria

APPROVED AS TO FORM: City Attorney, City of Carpinteria


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Created: December 17, 2012 13:46 PST
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