CITY ATTORNEY’S IMPARTIAL ANALYSIS
This tax and bond initiative measure would increase the City's hotel visitor tax and authorize the City to issue bonds.
Revenues from the tax increase and bond proceeds would be designated in specific amounts for:
(1) Expansion, modernization, promotion and operations of the downtown San Diego Convention Center (Convention Center);
(2) Homelessness programs and services; and
(3) Street repairs.
Visitors to City lodging establishments, including recreational vehicle parks and campgrounds, pay the hotel visitor tax. The increased tax revenues would be used, in part, to pay and secure the bond debt.
This measure seeks to generate financing for the specified purposes. If the measure is approved, additional government actions must be taken to expand the Convention Center, create homelessness programs or services, or make street repairs.
If approved, the hotel visitor tax would increase from 10.5% to 11.75%, 12.75%, or 13.75%, depending on a property's location in one of three tax zones (see Tax Zone Map in the voter pamphlet). The tax increase will be highest (increasing to 13.75%) for properties downtown, near the Convention Center, and lowest (increasing to 11. 7 5%) for properties farthest away.
The Ballot Summary in the voter pamphlet details the specific percentages of tax revenues to be allocated for each purpose. The measure does not discuss expected annual revenues. The tax increase would take effect after election results are certified.
The measure authorizes the issuance of bonds, payable from the additional tax revenues, up to the following limits:
- $850,000,000 for Convention Center expansion and modernization;
- $750,000,000 for homelessness programs and projects; and
- $400,000,000 for street repairs.
The City Council (Council) may increase Convention Center bond debt, after a public hearing.
If approved, the increased tax rates will be effective for 42 years after long-term bonds are issued to expand the Convention Center. If such bonds are not issued within 10 years after the tax increase takes effect, the tax increase would end, unless the revenues are needed to repay outstanding debt on bonds already issued to support the specified purposes.
At least 20 years after the tax increase, if more revenues exist than needed for the Convention Center, the Council may allocate less revenue to the Convention Center and more revenue to the other purposes in a given year.
The Council must hold public hearings to adopt annual budgets for each purpose; approve an implementation plan every five years; and determine if plan amendments are needed. A seven-member citizens oversight committee will be created to advise the Council on homelessness fund expenditures.
An independent auditor, retained by the City's Chief Financial Officer, must prepare annual reports showing tax revenues collected, funds spent, and status of the specified activities. Also, the City Auditor must conduct performance audits on a rolling three-year basis.
The Council may amend provisions, but may not alter the tax rate or take action in conflict with the measure's intent and purpose.
Voter signatures qualified this citizens' initiative measure for the ballot.