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Resident accuses Mission Viejo of unlawful advocacy over proposed TOT hike; city attorney says materials were informational
Summary
A public commenter alleged the city used public resources to advocate for a bed tax/TOT increase and cited state and federal statutes; the city attorney responded that the city relied on controlling case law allowing factual informational materials and denied advocacy.
Kathy Schlicht told the City Council the city had unlawfully used public resources to promote a Measure Y transient occupancy tax (TOT) increase, saying the city’s social media and an at-meeting flyer amounted to prohibited political advocacy. "It is against both federal and state law for any government agency to influence the election process," Schlicht said, citing Stanson v. Mott and naming several state code sections she said the FPPC and attorney general had flagged.
The city attorney disputed that characterization during the council meeting, reading from controlling case law and saying public agencies may publish factual information about ballot measures so long as materials do not advocate for or against a measure. "Public agencies may publish a fair representation of facts relevant to an election matter," the city attorney said, and emphasized the city had used that standard in preparing its materials.
Mayor and staff also responded: the mayor said the city’s materials were factual and that the ultimate decision rests with voters. Council members noted the office of code enforcement enforces sign rules and said staff will follow up as needed. The exchange left the core disagreement — whether the specific city materials crossed the legal line into advocacy — unresolved; Schlicht said she had contacted state enforcement offices and requested local enforcement action.
Separately during public comment, Doug Zelasco of the Chamber of Commerce urged voters to support the TOT increase from 8% to 12%, saying it would raise approximately $670,000 and finance police, infrastructure and parks projects. "Implementing the TOT increase can provide substantial benefits to the city," Zelasco said.
The council did not take formal action on the tax during the meeting; members and staff said the city would rely on legal standards about "informational" material when publishing voter-facing content.
