Election Information

MISSION VIEJO VOTE CENTERS

Location	Opens On	Address	Cross Street Info
Mission Viejo City Hall/Drive Thru	October 26	200 Civic Center	Corner of La Paz Rd & Marguerite Pkwy
Fairhaven Memorial Services	November 2	27856 Center Dr	Off Marguerite Pkwy
Mission Viejo Church of Christ	November 2	26558 Marguerite Pkwy	NE Corner of Felipe Rd
Montanoso Recreation Center	November 2	25800 Montanoso Dr	Btwn Estanciero Dr & Oso Pkwy
Norman P. Murray Community & Senior Center	November 2	24932 Veterans Way	Off La Paz Rd, E of Marguerite Pkwy
Orange County Islamic Foundation (OCIF)	November 2	23581 Madero	Corner of Via Linda, N of Alicia Pkwy
Saddleback Valley Unified School District	November 2	25631 Peter A Hartman Way	Enter Jeronimo Rd, E of Los Alisos Blvd

BALLOT DROP BOXES (Available 24/7 starting October 7 until November 5 at 8 pm)

Location	Type	Address	Cross Street Info
Florence Joyner Olympiad Park	Drive-Up Only	22761 Olympiad Rd	Btwn Alicia Pkwy & Melinda Rd
Norman P. Murray Community Center	Walk-Up	24932 Veterans Way	Off La Paz Rd, E of Marguerite Pkwy
Pavion Park	Walk-Up	24051 Pavion	Off Jeronimo Rd, W of Olympiad Rd

2024 Presidential General Election November 5, 2024

NOTICE IS HEREBY GIVEN THAT THE General Municipal Election is to be held in the City of Mission Viejo on November 5, 2024, at which time there will be submitted to the voters the following measure:

Measure Y ~ Transient Occupancy Tax Increase (for more information click here)

Shall City of Mission Viejo’s ordinance be adopted to provide funding for police, crime prevention, emergency response and  maintenance of city infrastructure assets, including streets, sidewalks, storm drains, parks and trails, increase the transient occupancy tax paid only by hotel/motel/short-term rental guests from 8% to 12% providing an estimated $670,000 annually until ended by voters, with requiring public spending disclosure, independent audits, to be effective only upon approval of two-thirds of the voters?

Full Text of Measure Y

ORDINANCE 24-XXX

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MISSION VIEJO, CALIFORNIA, AMENDING SECTION 3.25.030 OF CHAPTER 3.25 OF TITLE 3 OF THE MISSION VIEJO MUNICIPAL CODE INCREASING THE MAXIMUM RATE OF THE CITY'S TRANSIENT OCCUPANCY (HOTEL) TAX FROM 8% TO 12% EFFECTIVE ON JANUARY 1, 2025 

THE PEOPLE OF THE CITY OF MISSION VIEJO DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a two thirds (66%) majority of the voters of the City of Mission Viejo at the General Municipal Election so designated by the City Council in a separate resolution placing the proposal on the ballot for such election, Section 3.25.030 of Chapter 3.25 of Title 3 of the Mission Viejo Municipal Code is hereby amended to read as follows:

"Chapter 3.25 TRANSIENT OCCUPANCY TAX

“Sec. 3.25.030. - Rate

For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve (12) percent of the rent charged by the operator or by the facilitator. This tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or facilitator of the hotel at the time 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 facilitator of the hotel, the tax administrator may require that such tax be paid directly to the tax administrator.”

SECTION 2. The transient occupancy tax set forth herein shall be collected and administered in the manner set forth in Chapter 3.25 of the City of Mission Viejo Municipal Code.

SECTION 3. Pursuant to Article XIIIB of the California Constitution, the appropriation limit for the City of Mission Viejo will be increased by the maximum projected aggregate collection authorized by the levy of this special tax, as indicated in Section 1, in each of the years covered by this Ordinance plus the amount, if any, by which the appropriation limit is decreased by law as a result of the levy of the special tax set forth in this Ordinance.

SECTION 4. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.

SECTION 5. Pursuant to California Constitution Article XIIIC §(2)(b) and California Elections Code §9217, this Ordinance shall take effect only if approved by a two thirds (66%) majority of the voting electorate of the City of Mission Viejo as required by California Constitution, Article XIII C, Section 2(d), for approval at the election to be held on November 5, 2024, and shall become effective as of January 1, 2025.

SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below.

 

Argument in Favor of Measure Y

The TOT is a crucial tool for enhancing the quality of life in Mission Viejo. By increasing the tax from 8% to 12%, an increase of approximately $670,000 would be realized.

The revenue is vital for several reasons. Safety in the community can be enhanced by allocating additional funds to police, crime prevention, and 911 emergency response services.

Another area to consider is the improvements that could be made to the infrastructure of Mission Viejo. Repair and maintenance of the streets, sidewalks, storm drains, among other various improvements, would make the city more accessible and enjoyable for the small business owners, residents, and the visitors.

Providing community improvements by providing better maintenance of public spaces such as the parks and other recreation areas would enhance the quality of life for residents and would make the city attractive to visitors. Visitors would be exposed to the many restaurants and retail stores the City of Mission Viejo has to offer.

It is important to consider fair market alignment as Mission Viejo has the lowest rate presently at 8% while the County average is 10.4%. Increasing the rate to 12% would align the City more closely with neighboring areas, ensuring that it remains competitive while still generating necessary funds.

TOT primarily affects the tourists and visitors rather than the residents and business owners. This means the financial burden falls on those who are using the services temporarily rather than the permanent residents.

Implementing the TOT increase can provide substantial benefits to the City of Mission Viejo, it’s businesses and residents ensuring better services and a higher quality of life.

Doug Zielasko - CEO, Mission Viejo Chamber of Commerce

 

Rebuttal to Argument in Favor of Measure Y

The OCRegister opposes this tax increase and wrote: "Instead of being an excuse to increase the tax, enjoying the lowest TOT in OC ought to be Mission Viejo's brand." 

Why is the Mission Viejo Chamber promoting taxes?  Aren’t chambers supposed to advocate for businesses and oppose taxes?   

According to the OCRegister, Chapman University Economic Research Director Raymond Sfeier states:  higher TOT caused sales to drop at adjacent businesses. And from the study, "Taxing the Travelers," a $5.00 increase caused a decrease in occupancy. 

Raising taxes actually harms the very businesses it claims to help. Visitors have a budget. More taxes mean less spending. 

Claiming that raising the TOT in Mission Viejo would make it more competitive with other cities is ludicrous. Raising prices does NOT make ANYTHING more competitive.   

So, what’s the real goal for this 50% tax increase? Clearly, raising hotel prices would impair, not increase, visitor spending. 

FACT: A $670,000 increase would be a very small percentage, which would NOT support all the promises for enhancement to public safety and infrastructure. 

FACT: TOT revenue has a correlation with the health of the economy. There was a significant drop in TOT revenue with the Great Recession. More recently, a 25% decrease because of COVID.  It’s foolhardy to rely on TOT for public safety. 

FACT: Having one of the highest tax rates in the County could send visitors to neighboring cities. 

Don’t be fooled by the Chamber’s emotional argument. Let's keep Mission Viejo competitive. 

A NO vote means more spending in Mission Viejo.

Cathy Schlicht, former Mayor, Mission Viejo

Argument Against Measure Y

The City of Mission Viejo currently imposes an 8% transit occupancy tax (TOT) on its visitors who stay at our hotels and short-term rentals.

The City Council is asking for a public vote to increase it to 12%, which is excessively high even in Orange County.

The average rate in Orange County is 10.4%.

A 12% tax is such an unreasonably high tax rate that it becomes a deterrent, especially to bookings by such groups as visiting sports teams, because they can simply choose a different competing city.

The City of Laguna Beach produced a June 2024 Staff Report that revealed the following information:  the cities of Costa Mesa, Irvine, La Palma, Laguna Hills, Los Alamitos, Mission Viejo and Westminster hotel tax is 8%.

South Orange County cities of Aliso Viejo, Dana Point, Laguna Niguel, Laguna Woods, Lake Forest, San Clemente and San Juan Capistrano are 10%.

A 12% hotel tax is assessed in the cities of Buena Park, Seal Beach and Stanton.

The OC Register opposes this counterproductive 50% tax increase and wrote:  "Instead of being an excuse to increase the tax, enjoying the lowest TOT in OC ought to be Mission Viejo's brand."

Cathy Schlicht, former Mayor, Mission Viejo

Rebuttal to Argument Against Measure Y

The City of Mission Viejo is asking for an increase in the TOT from 8% to 12%. This would mark the first increase in the TOT since the city incorporated in 1988.

There are thirty-one cities in Orange County that have enacted a TOT. There are eight cities or 25.8% of the thirty-one that have enacted a TOT of 12% or higher. 

Inflation increases the cost of providing public services such as infrastructure, maintenance, public safety, and sanitation. In raising the TOT, Mission Viejo can ensure sufficient revenue to maintain the quality and availability of essential services.

Inflation has had a significant impact on expenses and the cost of goods over the last 4 years. Police and safety services costs have increased over $4 million since 2021. These costs continue to rise every year with no end in sight, even though the city receives accolades for being one of the safest cities in the State of California. 

Support of the TOT from 8% to 12% would help mitigate the inflation challenges our city faces year in and year out.

Doug Zielasko - CEO, Mission Viejo Chamber of Commerce

Impartial Analysis

CITY ATTORNEYS IMPARTIAL ANALYSIS
CALIFORNIA ELECTIONS CODE SECTION 9280
MEASTURE Y

The City Council placed Measure Y on the ballot for the November 5, 2024, general election. The proposed change in City of Mission Viejo law is an ordinance amendment that increases the City’s current transient Occupancy Tax amount charged to short term occupants in the City from the current eight (8%) percent to an increased amount of twelve (12%) percent. The potential new total amount of 12 percent is a special tax, meaning it can only be used for the specific purpose set forth in the ballot language. If approved by two-thirds (2/3rds) of the voters, the new 12 percent special tax will wholly replace the current 8 percent general transient occupancy tax that the City has maintained as it’s tax rate for many years. The current general tax Transient Occupancy tax can be used for any lawful purpose.

The proposed 12 percent special tax may only be used for payment of: 

a) Paying for police services
b) Funding emergency responses as necessary
c) Maintaining city infrastructure assets as necessary including streets, sidewalks, storm drains and trails.

The expenditures will be audited by an independent auditor and the results disclosed annually.

If the increase to twelve (12%) percent, as a special tax to be used as stated is not approved by two-thirds (2/3rds) of the voters, then the existing eight (8%) percent general tax, which can be used for any lawful purpose will continue without interruption.

A - Yes vote is in favor of the tax increase from an 8% general tax to a 12% special tax

A - No vote is against the tax increase and will maintain the current 8% general tax rate

The above statement is an impartial analysis of Measure Y. The full text of Measure Y is printed in the Voter’s Information Pamphlet and is also available on the City of Mission Viejo’s website at: cityofmissionviejo.org. If you desire a copy of the Measure, please call the election official’s office at (949) 470-3052 and a copy will be mailed at no cost to you.

William P. Curley, III
Mission Viejo City Attorney

 

The next General Municipal Election for Mission Viejo City Council will be in November 2026

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