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CC RES 2009-041 RESOLUTION NO. 2009-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THAT A MEASURE RELATED TO INCREASING THE CITY'S TRANSIENT OCCUPANCY TAX BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2009. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council, pursuant to its right and authority, does hereby order submitted to the voters at the General Municipal Election to be held on November 3, 2009, the following measure: Shall an ordinance be adopted to increase the rate of the City's existing YES NO transient occupancy tax from ten percent (10%) to twelve percent (12%)? Section 2. The text of the proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. The ballots to be used at the election shall be in form and content as required by law. Section 4. The Los Angeles County election department is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election and is authorized to canvass the returns of the election. Section 5. The polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in California Elections Code Section 14401. Section 6. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 663070.1 Section 7. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the election department of the County of Los Angeles, not later than August 7, 2009. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED this 30th day of June, 2009. 1P "n J' ayor Attest: /, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2009-41 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 30, 2009, by the following vote: AYES: Long, Stern, Wolowicz and Clark NOES: None ABSENT: Gardiner ABSTAIN: None City Clerk R6876-0001\1 145305v3.doc Resolution No. 2009-41 Page 2 of 2 EXHIBIT "A" ORDINANCE NO. 494 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE PROVISIONS OF MUNICIPAL CODE SECTION 3.16.030 TO INCREASE THE RATE OF THE CITY'S EXISTING UNIFORM TRANSIENT OCCUPANCY TAX FROM TEN PERCENT (10%) TO TWELVE PERCENT (12%). THE PEOPLE OF THE CITY OF RANCHO PALOS VERDES DO ORDAIN AS FOLLOWS: Section 1. Section 3.16.030(A) of Chapter 3.16 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "A. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve percent (12%) of the rent charged by the operator. The tax constitutes a debt owed by the transient to the City, which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be 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 the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator." Section 2. Notwithstanding Section 9217 of the California Elections Code, without a vote of the people, the City Council may do any and all of the following: (i) repeal this Ordinance; (ii) reduce the rate of the transient occupancy tax below twelve percent (12%); or (iii) increase the rate of the transient occupancy tax to twelve percent (12%) if it has been previously reduced below such rate. In no event shall the City Council increase the rate of the transient occupancy tax in excess of twelve percent (12%) without approval by a majority of the voters voting in an election on the increase. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The People of the City of Rancho Palos Verdes hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. Section 4. If adopted, this Ordinance will increase the rate of the City's existing Transient Occupancy Tax, which is a general tax of the City, by 2%. This Ordinance was proposed by the City Council of the City of Rancho Palos Verdes through the approval and introduction of the Ordinance and the adoption of Resolution No. 2009-41 by the affirmative votes of not less than four of its Members as required by Government Code Section 53724(b). Section 5. The Mayor is hereby authorized to attest to the adoption of this Ordinance by signing where indicated below. This Ordinance shall take effect ten (10) days following certification of the vote by the City Council. I hereby certify that the foregoing ordinance was PASSED, APPROVED and ADOPTED by the People of the City of Rancho Palos Verdes voting on the 3rd day of November, 2009. Attest: Mayor City Clerk R6876-0001\1 145473v5.doc Resolution No. 2009-41 and Resolution 2009-42 Exhibit A Page 2 of 2