CC RES 2009-042 RESOLUTION NO. 2009-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,CALIFORNIA,CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE
SUBMISSION TO THE VOTERS A QUESTION RELATING TO INCREASING THE
RATE OF THE CITY'S TRANSIENT OCCUPANCY TAX.
WHEREAS, under the provisions of the laws relating to General Law Cities in the
State of California, a General Municipal Election shall be held on November 3, 2009, for
the election of Municipal Officers; and
WHEREAS, the City Council also desires to submit to the voters at the election a
question relating to increasing the rate of the City's Transient Occupancy Tax;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1 That pursuant to the requirements of the laws of the State of
California relating to General Law Cities, there is called and ordered to be held in the
City of Rancho Palos Verdes, California, on Tuesday, November 3, 2009, a General
Municipal Election for the purpose of electing two members of the City Council for the
full term of four years.
Section 2: The City Council, pursuant to its right and authority, does hereby order
submitted to the voters at the Regular 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 3: The text of the proposed ordinance to be submitted to the voters is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 4: That the ballots to be used at the election shall be in form and
content as required by law.
Section 5: That the City Clerk 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.
Section 6: That the polls for the election shall be open at seven o'clock a.m. of
the day of the election and shall remain open continuously from that time until 8:00
o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code
Section 10242, except as provided in Section 14401 of the Elections Code of the State
of California.
Section 7: That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
Section 8: That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
the election, in time, form and manner as required by law.
Section 9: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED ON June 30, 2009.
OP IP
1"Inliliallgit A
Mayor
Attest:
-/ i
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. 2009-42 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on June 30, 2009.
411%._ Aty/
City Clerk
1146443 Resolution No. 2009-42
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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\1145473v5.doc
Resolution No. 2009-41
and Resolution 2009-42
Exhibit A
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