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CONSTITUTION OF THE STATE OF CALIFORNIA
ARTICLE I DECLARATION OF RIGHTS Section 1
SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
ARTICLE II VOTING, INITIATIVE AND REFERENDUM, AND RECALL Section 1
SECTION 1. All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.
CITY OF TRINIDAD
January 19, 2022
Attention: Honorable City Council & Staff
We received your letter indicating an increase in Transient Occupancy Tax, TOT.
What we did not receive is any reason, justification or stated authority for apparently arbitrarily increasing the CITY OF TRINIDAD TOT rate a full 2%. Please provide such.
Please find attached documentation which suggests under CONSTITUTION OF THE STATE OF CALIFORNIA, CONS Article XIII C Section 1 - Sec 3, that whether a “general tax” § 1(a), or a “special tax” § 1(d), and given all “taxes imposed by any local government shall be deemed to be either general taxes or special taxes” § 2(a), it seems that the CITY OF TRINIDAD may not increase tax unless and until that tax is submitted to the electorate. A general tax must be “submitted to the electorate and approved by a majority vote” § 2(b). A special tax must be “submitted to the electorate and approved by a two-thirds vote” § 2(d).
Please indicate whether CITY OF TRINIDAD TOT is a general tax or a special tax.
Please instruct us of the CITY OF TRINIDAD signature and other requirements to lead a “power of initiative” in this matter of reducing or repealing this tax per § 3.
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