Loading...
HomeMy WebLinkAbout1988-06-07; Ballot PamphletsPRIMARY ELECTION - JUNE 7,1988 - SAN DIEGO COUNTY NONPARTISAN - OFFICIAL BALLOT CITY OF CARLSBAD C Shall Ordinance No. NS-8 be adopted amending Chapter 3.12 of YES 236 "^ O the Carlsbad Municipal Code to increase the Transient ^—.—— Occupancy Tax rate from 6% to 8%? NO 237 "^O D Shall Ordinance No. NS-10 be adopted amending Chapter 3.12 of the Carlsbad Municipal Code to Increase the Transient Occupancy tax rate by an additional 2% to pay for the v£S 239^0 promotion of tourism in the city and for a public golf course, tennis courts and related facilities? • __ 240^0 CARLSBAD UNIFIED SCHOOL DISTRICT Z Shall the Carlsbad Unified School District tax builders of new dwelling units $5400 per unit, adjusted annually for Inflation, to provide school facilities and appurtenances, with credit for facilities or funds provided pursuant to an agreement with District and with exemptions for - additions to existing dwelling units - residential dwelling units used permanently by persons 55 years of age and older - property exempt from property taxes, all subject to provisions in District Resolution No. 15-8788, and shall • District's appropriations limit heretofore or hereafter imposed beYES249«^O increased for those taxes collected? —~~———NO 250*Q N-10-11 N-163-6 CITY OF CARLSBAD Proposition C (This proposition will appear on the ballot In the following form.) C Shall Ordinance No. NS-8 be adopted amending Chapter 3.12 of the Carlsbad Municipal Code to increase the Transient Occupancy Tax rate from 6% to 8%? ORDINANCE NO. NS-8 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 3.12.030 TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE TO 8%. The People of the City of Carlsbad do ordain as follows: SECTION 1: That Title 3, Chapter 3.12 of the Carlsbad Municipal Code is amended by the amendment of Section 3.12.030 to read as follows: "3.12.030 Imposition-Amount-Where payable. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eight 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 to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be 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 shall be paid directly to the tax administrator." SECTION 2: The City Council may amend this ordinance from time to time to add exceptions, or adjust the rate, or application of tax, or make such other changes as they determine to be necessary provided the rate of tax to be imposed by this ordinance shall not be increased. SECTION 3: In accordance with Section 4013 of the Elections Code of the State of California, this Ordinance shall be considered as adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after that date. PASSED, APPROVED AND ADOPTED by the People of the City of Carlsbad at an election held on the 7th day of June, 1988. CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) APPROVED AS TO FORM: VINCENT F. 8IONDO, JR., City Attorney NPR-0130.01 N-183-22 CITY ATTORNEY'S IMPARTIAL ANALYSIS Proposition C asks the people of Carlsbad to adopt an ordinance amending Section 3.12.030 of the Carlsbad Municipal Code to increase the existing 6%, transient occupancy tax rate to 8% of the charge for the room. All the other provisions for the tax would remain the same. This ordinance has been unanimously approved by the City Council. Proposition 62 passed at the November 4, 1986 election also requires approval by a majority vote of the voters voting in this election. The proceeds of this tax will go to the general fund. If this measure is approved the increase will be effective ten days after the vote is declared by the City Council. ARGUMENT IN FAVOR OF PROPOSITION C WHAT IS TRANSIENT OCCUPANCY TAX (TOT)? - The tax which visitors pay on the rent charged by hotel operators. TOT IS NOT A TAX ON RESIDENTS, HOMEOWNERS OR BUSINESS OPERATORS. WHERE DOES IT GO? - Every TOT dollar currently collected in Carlsbad goes directly into Carlsbad's general fund. WHAT DOES IT PAY FOR? - The general fund supports City services, like police and fire protection, street maintenance, and parks and recreation. These services benefit both visitors and residents of Carlsbad. HOW MUCH DIFFERENCE CAN 2% MAKE? - If Proposition C is adopted, a visitor to Carlsbad who is paying $60.00 for a hotel room will pay an additional $1.20; not a significant amount per individual. Citywide, however, the 2% TOT increase would have generated an additional $570,000 last year, which would have gone to pay for essential city services. WHEN WAS IT LAST INCREASED? - Carlsbad's TOT started in 1964 and has never been increased. Carlsbad now charges the lowest TOT rate in San Diego County. The majority of agencies in San Diego County charge 2% more than Carlsbad. WHY DO WE NEED TO INCREASE TOT? - The ability of local governments to generate revenue has been severely reduced. Each year brings new legislation and new limitations. At the same time, the City has been expanding services to make Carlsbad a safe and desirable community;' building new roads, fire stations and parks. Each year the City reviews its operation to make it more efficient, and will continue to do so in the future. The City must generate more revenue to meet future demands. Proposition C will raise needed revenues for the City's general fund WITHOUT TAXING THE RESIDENTS OR BUSINESSES OF CARLSBAD. Support our efforts to keep Carlsbad a healthy, economically viable and safe community. VOTE YES ON PROPOSITION C. CLAUDE LEWIS, Mayor ANN KULCHIN, Mayor Pro Tern ERIC LARSON, City Council Member MARK PETTINE, City Council Member JOHN MAMAUX, City Council Member ARGUMENT AGAINST PROPOSITION C No argument against the proposition was filed in the office of the City Clerk. NPR-0130.02 N-183-23 CITY OF CARLSBAD Proposition D (This proposition will appear on the ballot In the following form.) D Shall Ordinance No. NS-10 be adopted amending Chapter 3.12 of the Carlsbad Municipal Code to increase the Transient Occupancy Tax rate by an additional 2% to pay for the promotion of tourism in the city and for a public golf course, tennis courts and related facilities? ORDINANCE NO. NS-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 3.12.035 TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR THE PROMOTION OF TOURISM IN THE CITY AND FOR A PUBLIC GOLF COURSE, TENNIS COURTS AND RELATED FACILITIES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 3, Chapter 3.12 of the Carlsbad Municipal Code is amended by the addition of Section 3.12.035 to read as follows: "3.12.035 Imposition of additional amount - where payable -- purposes, (a) In addition to the tax imposed by Section 3.12.030 for the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of two 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 to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be 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 shall be paid directly to the tax administrator. (b) The proceeds of this tax shall be limited to the uses specified in this section in the following priority: 1. The City Council shall make an annual appropriation beginning on July 1, 1989 to the Carlsbad Convention and Visitors Bureau of two hundred thousand dollars to be used for the promotion of tourism in the City of Carlsbad. If the Bureau ceases to exist or is otherwise unable to use the money for such purposes it shall be deposited in the general fund. 2. An amount up to the next nine hundred thousand dollars per year shall be used by the City Council for the construction of an 18 hole championship public golf course and related facilities in the City of Carlsbad and for the construction of one or more complexes of public tennis courts and related facilities in the City of Carlsbad. 3. The next two hundred thousand dollars may be used by the City Council for the construction, reconstruction, maintenance or repair of the facilities described in subsection (2) or for the construction of an executive golf course and related facilities in the City of Carlsbad. 4. Any proceeds from this tax in excess of the amounts necessary to satisfy the requirements of subsections (1), (2) and (3) or otherwise unexpended when this tax terminates shall be deposited in the general fund. NPR-0130.03 N-183-24 (c) The tax imposed by subsection (a) shall be paid for a period beginning on July 1, 1989 and ending twenty years after the date the City sells the bonds necessary to fund the facilities described in Section (b) (2)." SECTION 2: The City Council may amend this ordinance from time to time to add exceptions, or adjust the rate, or application of tax, or make such other changes as they determine to be necessary provided the rate of tax to be imposed by this ordinance shall not be increased and the allocation of funds for the promotion.of tourism in the City or for the construction of the golf course or tennis courts shall not be decreased. SECTION 3: In accordance with Section 4013 of the Elections Code of the State of California, this ordinance shall be considered as adopted upon the date that the vote is declared by the City Council and shall go into effect ten days after that date. SECTION 4: This ordinance imposes a special tax and therefore requires the approval of two thirds of the voters voting thereon in the election. It will be presented to the voters at the same time as another ordinance requiring a majority vote which would raise the transient occupancy tax rate from 6% to 8%. If both ordinances are adopted the effect of this ordinance will be to increase the transient occupancy tax rate from 8% to 10%. If this ordinance passes and the other does not this ordinance would increase said rate from 6% to 8%. PASSED, APPROVED AND ADOPTED by the People of the City of Carlsbad at an election held on the 7th day of June, 1988. CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney NPR-0130.04 N-183-25 CITY ATTORNEY'S IMPARTIAL ANALYSIS Proposition 0 asks the people of Carlsbad to adopt an ordinance adding Section 3.12.035 to the Carlsbad Municipal Code to increase the transient occupancy tax rate by an additional 2% of the charge for the room. Section 3.12.030 currently imposes a tax of 6%. At this election the people have been asked to approve Proposition C which would increase the rate from 6% to 8%. If that measure passes, then Proposition D would increase the rate an additional 2%, from 8% to 10%. If Proposition C is not approved then the effect of Proposition D would be to increase the existing 6% rate to 8%. All the other provisions of the transient occupancy tax would remain the same. This ordinance has been approved by a four-fifths vote of the City Council. Proposition 62, passed at the November 4, 1986 election, also requires approval by a two-thirds vote of the voters voting in this election. The two-thirds requirement applies to Proposition D because the proceeds of the 2% increase are limited to the uses specified in the ordinance. The first $200,000 must be given each year to the Carlsbad Convention and Visitors Bureau to be used for the promotion of tourism in the City of Carlsbad. An amount up to the next $900,000 per year must be used by the City Council for the construction of an 18 hole championship public golf course and for the construction of one or more complexes of public tennis courts and related facilities in the City of Carlsbad. Additional proceeds in an amount up to $200,000 per year may be used for maintenance and repair of the golf course or tennis facilities or for the construction of an additional executive golf course in the City. Any funds remaining would be deposited in the general fund. If this measure is approved, the ordinance would be effective and the tax levied ten days after the results of the vote are declared by the City Council. However, the actual collection of the increased tax will not begin until July 1, 1989. The ordinance also contains a "sunset" provision. The additional 2% tax will end and the ordinance will be of no further force and effect twenty years after the date the City Council sells the bonds necessary to fund the golf course and tennis facility. NPR-0130.05 N-183-26 ARGUMENT IN FAVOR OF PROPOSITION D THIS MEASURE WILL NOT COST CARLSBAD RESIDENTS ANY MONEY. WHAT IS TRANSIENT OCCUPANCY TAX (TOT)? - The tax which visitors pay on the rent charged by hotel operators. IT IS NOT A TAX ON RESIDENTS, HOMEOWNERS OR BUSINESS OPERATORS. WHERE WILL THE ADDITIONAL 2% GO? - Unlike the existing TOT and Proposition C TOT dollars which go into the general fund, Proposition D is a special tax which will be used for the following: - $200,000 per year for the Carlsbad Convention & Visitors Bureau, to promote tourism in Carlsbad. - Up to $900,000 per year for debt-service payments on a bond issue to construct a public, championship golf course and tennis facility. - An additional $200,000 per year for improvements to the above golf course and tennis facility, or for the construction of an executive golf course. - Any funds collected within a fiscal year in excess of $1,300,000 will go into Carlsbad's general fund. HOW MUCH DIFFERENCE CAN 2% MAKE? - A 2% increase will not significantly affect a visitor's hotel bill or the demand for rooms in Carlsbad. A survey indicates that increased TOTs have generally not reduced occupancy rates or revenues for the hotel industry. A 2% increase will, however, raise substantial funds to pay for the construction of a public golf course and tennis facility, approximately $5 million within the next five years. IS IT A PERMANENT INCREASE? - NO. The additional 2% tax will expire upon the final debt service payment on the bond issue (approximately 20 years after the sale of the bond). Proposition D will enhance the City of Carlsbad for residents and visitors alike and will make Carlsbad a destination resort. Proposition D will help make Carlsbad financially strong; promoting jobs, businesses and the local economy. Say YES to this unique opportunity to shape the future of your community. VOTE YES ON PROPOSITION D. CLAUDE LEWIS, Mayor ERIC LARSON, City Council Member ANN KULCHIN, Mayor Pro Tem JOHN MAMAUX, City Council Member REBUTTAL TO THE ARGUMENT IN FAVOR OF PROPOSITION D No rebuttal to the argument in favor of the proposition was filed in the office of the City Clerk. NPR-0130.06 N-183-27 ARGUMENT AGAINST PROPOSITION D The Carlsbad Chamber of Commerce acknowledges the City Council's need to increase the City's general fund revenues since the Council is responsible for the financial health of the City. However, the Carlsbad Chamber of Commerce DOES NOT SUPPORT Proposition "D." The Chamber believes that by limiting the added revenue from the Transient Occupancy Tax (T.O.T) to specific uses, as outlined in this proposition, the flexibility necessary to run the city now and in the future is hampered. Tax money should benefit everyone. Vote NO on Proposition D. DONALD E. HOYT President of the Board Carlsbad Chamber of Commerce REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION D THIS MEASURE WILL NOT COST CARLSBAD RESIDENTS ANY MONEY. The Chamber of Commerce is correct when it suggests that taxes going into the general fund allow maximum flexibility. The general fund is discretionary and can be used for any purpose deemed appropriate and necessary by the City Council. The Council could have proposed that Proposition D revenue go into the general fund, and then used those funds to pay for the construction of a public golf course and tennis facility. By doing so, approval of Proposition D would have been much easier because a general tax requires only a 50% majority vote while a special tax (which Proposition D is) requires a 2/3 majority vote. However, the City Council believes in political accountability and openness. As Proposition D is written, the voters of Carlsbad know exactly how that money will be used. The first $200,000 will go to the Convention & Visitors Bureau to promote tourism in Carlsbad; this action will relieve the general fund of that current commitment. Proposition D revenue collected in excess of $1,300,000 per year will also go into the general fund. Proposition D revenue will be used for the benefit of the entire City by helping to make Carlsbad a destination resort which will stimulate the local economy, provide jobs and enhance property values. Proposition D is about the future of Carlsbad. Help keep Carlsbad a unique and vital community - vote YES on Proposition D. CLAUDE LEWIS, Mayor ANN KULCHIN, Mayor Pro Tem ERIC LARSON, City Council Member JOHN MAMAUX, City Council Member NPR-0130.07 N-183-28 CARLSBAD UNIFIED SCHOOL DISTRICT Proposition Z (This proposition will appear on the ballot In the following form.) Z Shall the Carlsbad Unified School District tax builders of new dwelling units $5400 per unit, adjusted annually for inflation, to provide school facilities and appurtenances, with credit for facilities or funds provided pursuant to an agreement with District and with exemptions for - additions to existing dwelling units - residential dwelling units used permanently by persons 55 years of age and older - property exempt from property taxes, all subject to provisions in District Resolution No. 15-8788, and shall District's appropriations limit heretofore or hereafter imposed be increased for those taxes collected? COUNTY COUNSEL'S IMPARTIAL ANALYSIS This proposition would allow the Carlsbad Unified School District to impose a special tax of up to $5400.00 per dwelling unit upon any person receiving a building permit for new residential construction. The tax would be adjusted annually for inflation. Proceeds of the tax would be used for the construction, acquisition and leasing of required school facilities. The tax would not be imposed on additions to dwelling units, buildings which would be exempt from property taxes and senior citizens projects. Under certain circumstances, an exemption from the tax would be allowed for persons who have made arrangements to provide adequate school facilities, such as through bonds sold by a Community Facilities District. A credit against the tax would be allowed for fees paid for the purpose of funding the construction and reconstruction of school facilities. This measure also raises the appropriations limit of the District. This raise in the appropriations limit expires after four (4) years. The measure requires a two-thirds (2/3) vote for passage. NPR-0405.01 N-183-29 ARGUMENT IN FAVOR OF PROPOSITION Z Our overcrowded schools are bursting at the seams. Housing developments will continue* to appear throughout our community as a result of building permits already issued. A steady increase in school enrollments is the result. This overcrowding problem must be solved. Proposition "2" WILL NOT INCREASE YOUR TAXES. It places a one-time tax on NEW HOUSINQ ONLY. Senior housing projects and additions to existing residential dwellings are EXEMPT. The School District simply does not have the money to build new schools. Lottery money CANNOT be used to build schools. State Bond Aid is not available. Proposition "Z" would replace the $5,447 developer fee which was in effect prior to January 1,1987. Vote YES on Proposition "Z". Thank you. CITIZENS FOR SCHOOL FACILITIES JOE ANGEL, President SHARON L. FAITHFUL. Chairperson Board of Trustees Legislative Committee DANIEL J. BURNS DORIS LEE RITCHIE CUTA - Vice President Senior Citizen Commissioner ERIC LARSON Member of the City Council ARGUMENT AGAINST PROPOSITION Z No argument against the proposition was filed In the office of the Registrar of Voters. NPR-0405.02 N-183-30