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INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

 

The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:

PROPOSED TRANSIENT OCCUPANCY (HOTEL) TAX INCREASE

BACKGROUND. In 2014, Marina voters approved Measure E, establishing a transient occupancy tax of twelve percent. This tax does not have a termination date. The tax is commonly referred to as the “hotel tax” and is collected by hotels from their guests. Generally, all stays of up to 29 consecutive days are subject to the tax, and the tax is calculated based on a percentage of the rent paid by the hotel guest. For purposes of this tax, “hotel” generally includes any structure or lodging, or any portion of any structure or lodging, which is occupied or intended or designed for use or occupancy by transients, including but not limited to dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, time-share project or facility, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or lodging or portion thereof; and shall further include any space, lot, area, site or portion of any real property which is occupied or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes and includes any recreational vehicle, trailer and tent park and campground. The present tax is the equivalent of $12.00 for rental of an accommodation that costs $100.00. The transient occupancy tax is a general tax that can be used for any municipal purpose. THE INITIATIVE. If a majority of Marina voters approve it, this measure would increase the transient occupancy tax rate from twelve percent (12%) to fourteen percent (14%). If approved the tax would be the equivalent of $14.00 on rental of an accommodation that costs $100.00. The revenue generated from the tax would continue to be deposited in the City’s general fund. This tax does not have a termination date. MEANING OF “YES” AND “NO” VOTES. A “yes” vote supports adoption of the tax rate increase. A “no” vote opposes it. A simple majority of votes will pass or defeat the measure. If this measure is defeated, the 12.0% transient occupancy tax rate will remain in effect.

 

Notice of Intention to Circulate Petition

Notice is hereby given by the persons whose names appear heron of their intention to circulate the petition within the City of Marina for the purpose of increasing the rate of the Transient Occupancy Tax within the City of Marina from twelve percent (12%) to fourteen percent (14%) of the price for transient rental accommodations.

 

To maintain current levels of police and fire protection, road maintenance, parks, and senior and recreation services, our city must grow its tax base AND generate revenues faster until such a time as we have a mature redeveloped downtown that will bring business to Marina to make our city economically sustainable.

Our city has the following immediate and ongoing funding needs:

Investing a minimum of $2.5 million per year on road repair and maintenance just to stop our roads from deteriorating.

Providing adequate fire protection and first response, we need to add a second engine company to our fire department at a cost of $965,000 per year.

Updating our city parks at a cost of hundreds of thousands to millions of dollars.

Removing abandoned buildings including those nearest the high school.

Marina voters have approved past increases in the Transient Occupancy Tax such as we are proposing that have allow our city to provide needed community services. This tax is not paid by Marina residents, but by tourists to our area.

In addition to immediate funding needs, the city needs to invest in our long-term needs, such as:

Enhancing our downtown to make it more walkable, people friendly, and to attract more business which in turn will increase revenues for city services.

Protecting our drinking water, improving our access to beaches, and preserving our beautiful coastline.

Insuring Marina is well represented addressing regional challenges such as affordable housing.

This Transient Occupancy Tax will generate approximately $500,00 per year. It is a measure intended to support and expand current city services to desired levels as well as to position Marina to take advantage of opportunities to improve the lives of Marina residents.

 

s/Adam Urrutia, 3273 Michael Drive, Marina, CA 93933

s/Bruce Delgado, 3037 Vaughan Ave, Marina, CA 93933

s/Jane Parker, 3014 Kennedy Ct, Marina, CA 93933

Initiative Measure to be Submitted Directly to the Voters

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MARINA

ELIMINATING THE TERMINATION DATE OF THE TEMPORARY INCREASE IN THE

CITY’S TRANSIENT OCCUPANCY TAX RATE FROM TEN PERCENT (10%) TO TWELVE

PERCENT (12%) APPROVED BY THE VOTERS ON NOVEMBER 2, 2010, AND SETTING

THE TAX RATE AT TWELVE PERCENT (12%)

TO CONTINUE PRESERVING FUNDS FOR GENERAL CITY SERVICES

THE PEOPLE OF THE CITY OF MARINA DO HEREBY ORDAIN AS FOLLOWS:

Section 1.  Section 3.12.035 Repealed.  Section 3.12.035 of the City of Marina Municipal Code

entitled “Increase in Tax Imposed” is hereby repealed in its entirety.

Section 2.  Section 3.12.030 Amended.  Section 3.12.030 of the City of Marina Municipal Code

entitled “Tax Imposed” is hereby amended to increase the tax rate from ten percent (10%) to

twelve percent (12%) and to read as follows in its entirety:

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MARINA

ELIMINATING THE TERMINATION DATE OF THE TEMPORARY INCREASE IN THE

CITY’S TRANSIENT OCCUPANCY TAX RATE FROM TEN PERCENT (10%) TO TWELVE

PERCENT (12%) APPROVED BY THE VOTERS ON NOVEMBER 2, 2010, AND SETTING

THE TAX RATE AT TWELVE PERCENT (12%)

TO CONTINUE PRESERVING FUNDS FOR GENERAL CITY SERVICES

THE PEOPLE OF THE CITY OF MARINA DO HEREBY ORDAIN AS FOLLOWS

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MARINA

INCREASE IN THE CITY’S TRANSIENT OCCUPANCY TAX RATE FROM TWELVE PERCENT (12%) APPROVED BY THE VOTERS ON NOVEMBER 4, 2014 AND SETTING THE TAX RATE AT FOURTEEN PERCENT (14%), TO CONTINUE PRESERVING FUNDS FOR GENERAL CITY SERVICES

THE PEOPLE OF THE CITY OF MARINA DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Amendment. Section 3.12.030 of the City of Marina Municipal Code is hereby amended to read as follows:

3.12.030 Tax imposed

For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of fourteen percent (14%) of the rent charged by the operator or otherwise payable by the transient. Insofar as the transient is concerned, said 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. For purposes of this section, the rent deemed payable on account of time-share occupancy by a transient shall be the rental value of the unit or room(s) which accommodated such occupancy, which rental value shall be computed by determining the pro rata share of the total actual purchase price of the time-share right or entitlement (whether or not involving any estate or any ownership in real property), or if the unit has not yet been sold at the time of rental, then the pro rata share of the current listed sales price or the comparable price if not listed for sale, which share is allocable to the period of transient occupancy currently involved, and adding thereto the total applicable operating costs including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all fees, assessments, charges and expenses (not including the previously referred to taxes) charged by the operator as attributable to the time-share occupancy of the transient by whatever name such fees, assessments, charges or expenses may be denominated, whether “occupying fee,” “maintenance or operations charge,” “per diem fee,” “management fee” or like name or otherwise. In making the computation referred to above of the pro rata share of the total purchase price or other applicable price, in any case wherein the time-share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable term, such proration shall be made upon an assumed term of thirty years. (Ord. 2014-06 § 2, 2014; Ord. 87-3 § 1, 1987; Ord. 83-9 § 2, 1983: Ord. 82-10 § 1, 1982; Ord. 76-7 § 3, 1976)

Section 2.  Approval by the Voters. This Ordinance shall be submitted to the voters at an election to be held on November 6, 2018 and shall not be effective until so approved.

Section 3. Effective Date. This Ordinance shall go into effect on the first day of the first month following the certification of the vote of the November 6, 2018 election.

Section 3.  Severability.  If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 4.  Certification.  Upon approval by the voters, the Deputy City Clerk shall certify the passage of this Ordinance; and within fifteen days the Deputy City Clerk shall cause it to be posted in the three (3) public places designated by the City Council.  

 

 

 

 

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:

PROPOSED TRANSIENT OCCUPANCY (HOTEL) TAX INCREASE

BACKGROUND. In 2014, Marina voters approved Measure E, establishing a transient occupancy tax of twelve percent. This tax does not have a termination date. The tax is commonly referred to as the “hotel tax” and is collected by hotels from their guests. Generally, all stays of up to 29 consecutive days are subject to the tax, and the tax is calculated based on a percentage of the rent paid by the hotel guest. For purposes of this tax, “hotel” generally includes any structure or lodging, or any portion of any structure or lodging, which is occupied or intended or designed for use or occupancy by transients, including but not limited to dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, time-share project or facility, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or lodging or portion thereof; and shall further include any space, lot, area, site or portion of any real property which is occupied or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes and includes any recreational vehicle, trailer and tent park and campground. The present tax is the equivalent of $12.00 for rental of an accommodation that costs $100.00. The transient occupancy tax is a general tax that can be used for any municipal purpose. THE INITIATIVE. If a majority of Marina voters approve it, this measure would increase the transient occupancy tax rate from twelve percent (12%) to fourteen percent (14%). If approved the tax would be the equivalent of $14.00 on rental of an accommodation that costs $100.00. The revenue generated from the tax would continue to be deposited in the City’s general fund. This tax does not have a termination date. MEANING OF “YES” AND “NO” VOTES. A “yes” vote supports adoption of the tax rate increase. A “no” vote opposes it. A simple majority of votes will pass or defeat the measure. If this measure is defeated, the 12.0% transient occupancy tax rate will remain in effect.

THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER, YOU HAVE THE RIGHT TO ASK.

1

Print Your Name

Residence Address Only

 

 

Your Signature as Registered to Vote

City, State

Zip

2

Print Your Name

Residence Address Only

 

 

Your Signature as Registered to Vote

City, State

Zip

3

Print Your Name

Residence Address Only

 

 

Your Signature as Registered to Vote

City, State

Zip

4

Print Your Name

Residence Address Only

 

 

Your Signature as Registered to Vote

City, State

Zip

5

Print Your Name

Residence Address Only

 

 

Your Signature as Registered to Vote

City, State

Zip

6

Print Your Name

Residence Address Only

 

 

Your Signature as Registered to Vote

City, State

Zip

7

Print Your Name

Residence Address Only

 

 

Your Signature as Registered to Vote

City, State

Zip

8

Print Your Name

Residence Address Only

 

 

Your Signature as Registered to Vote

City, State

Zip

DECLARATION OF PERSON CIRCULATING SECTION OF INITIATIVE PETITION

(MUST BE IN CIRCULATOR’S OWN HANDWRITING)

 

I__________________________________________________ declare:

(Print Name)

  1. My residence address is _____________________________________________ in _______________________County, California, and I am a registered voter in (insert electoral jurisdiction); ______________________________ and I am 18 years or older.                                                                                               
  2. I personally circulated the attached petition for signing.
  3. I witnessed each of the appended signatures being written on the petition and to my best information and belief, each signature is the genuine signature of the person whose name it purports to be; and
  4. The appended signatures were obtained between the dates of ________________________ and ____________________, inclusive.                                                                                                                                                             (Starting Date)                                                                                                                (Ending Date)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 

Executed on ____________________ at ___________________________________________, California.

                                                                         (Date)                                                                                                                         (City or Community Where Signed)

                                                                                                __________________________________________

                                                                                                                                    (Signature)

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