Stevenson, Garrett
Subject:FW: Pasadena Center Operating Company Ed Tech Committee From: Carol Ebbinghouse < >
Sent: Monday, May 15, 2023 12:14 PM
To: Stevenson, Garrett <[email protected]>
Subject: Re: Pasadena Center Operating Company Ed Tech Committee Hello Mr. Stevenson
Thank you for reaching out to me, and especially for including the recording of the meeting.
I was tuned into the live audio feed and heard the music as I approached City Hall, so I felt sure that I would be there in time to speak. I heard Mr. Ross start speaking as I was getting out of my car. The absence of audio during the first minutes of the meeting explains why I was dumbfounded when you said I was too late!
I appreciate this opportunity to share what I was going to say:
The enforcement of the TBID tax on home sharers is, I believe, illegal and unconstitutional. No city can impose a new tax on residents without an election.
The public City Council meetings and hearings that were held relating to the PTIB resolution were solely to determine whether more than 50% of the weighted votes in the current PTIB (hotels only) protested the terms of the renewal. The City Council patiently listened to those of us who spoke against the resolution, and/or the burden of the new tax. But since the four mega-hotels comprised the task force that created the resolution, and they constitute over 60% of the weighted vote (and just three of those hotels alone have over 51% of the weighted votes), there was no hope. Even if every other hotel and inotel in Pasadena had voted in protest, the combined total could not possibly defeat the resolution.
While BID and TBID assessments are usually not considered a tax, that is only because the assessments are self-imposed by the commercial members. The home sharers who were swept into the PTIB assessment by the resolution had no vote, since until the resolution had been passed by the Council, we were not a part of the PTIB or PCOC! That is taxation without representation.
An independent operating company cannot create a new tax on city residents for the city to collect and enforce. The city cannot create a new tax on residents without an election, and only residents can have short term rentals. 1 The imposition of the TBID assessment against home sharers is, therefore, unlawful and unconstitutional.
I reconiniend: The revenue anticipated from short term rental TBID should be eliminated from the PCOC budget before the final city budget is passed. Any reference to short-term rentals in relation to TBID assessment, collection and/or enforcement be removed from the official records.
Thank you for sharing my message with all concerned on the committee and the City Council.
Carol Ebbinghouse
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