CC RES 2001-055 RESOLUTION NO. 2001-55
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES
ORDERING THAT A PROPOSITION RELATED TO THE
TRANSIENT OCCUPANCY TAX BE SUBMITTED TO THE VOTERS AT THE
REGULAR MUNICIPAL ELECTION ON NOVEMBER 6, 2001
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
RESOLVE AND ORDER AS FOLLOWS:
Section 1. The City Council has previously called and given notice of the
Regular Municipal Election to be held in the City on November 6, 2001.
Section 2. The City Council, pursuant to its right and authority, does hereby
order submitted to the voters at such Regular Municipal Election the following
proposition:
Shall an ordinance be adopted to YES NO
ratify and continue the 1991
increase of the transient occupancy
tax from 6% to 10%?
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. The ballots to be used at the election shall be in form and content as
required by law.
Section 5. The 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 6. 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 7. In all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
663070.3(2001-55)
Section 8. Notice of the time and place of holding the election is hereby 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. 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 10, 2001.
Section 10. 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 7T" day of August, 2001.
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ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2001-55 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on August 7, 2001.
/-
CITY CLERK
W:\ELECTION\Nov 2001\Resol.No 2001-55 Ordering TOT 663070_3.DOC
Resolution No. 2001-55
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EXHIBIT "A"
ORDINANCE
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
RATIFYING AND RE-ADOPTING THE CITY'S TRANSIENT OCCUPANCY TAX
AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE
THE PEOPLE OF THE CITY OF RANCHO PALOS VERDES DO ORDAIN AS
FOLLOWS:
Section 1. Ratification of Existing Tax. The 1991 adoption of the amendment
to Section 3.16.030 (Tax imposed) of Chapter 3.16 (Transient Occupancy Tax) of Title 3
(Revenue and Finance) of the Rancho Palos Verdes Municipal Code, which increased
the tax on the rent charged by hotel operators from six percent (6%) to ten percent
(10%), is hereby ratified to the full extent permitted by law. The existing provisions of
Section 3.16.030, as amended in 1991, are set forth below in full and are incorporated
herein by this reference:
"For the privilege of occupancy in any hotel each transient is
subject to and shall pay a tax in the amount of ten percent (10%) 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. Reimposition of Tax. Section 3.16.030 (Tax imposed) of Chapter
3.16 (Transient Occupancy Tax) of Title 3 (Revenue and Finance) of the Rancho Palos
Verdes Municipal Code is hereby re-adopted as set forth above.
Section 3. Amendment and Repeal. 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 ten percent (10%); or (iii) increase the rate of the transient
occupancy tax to ten percent (10%) 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 ten percent (10%) without approval by a majority of the voters voting in an
election on the increase.
663083.2(2001-55 Exhibit)
Section 4. Findings. The People of the City of Rancho Palos Verdes hereby
find as follows:
A. In 1991, without voter approval, the City Council adopted an ordinance
increasing the rate of the City's transient occupancy tax from six percent (6%) to ten
percent (10%) of the rent charged by hotel operators. Such action was taken in reliance
on the case law controlling at the time, which invalidated the Proposition 62 requirement
that general taxes receive voter approval. Subsequently, the California Supreme Court
overturned that case law and upheld the Proposition 62 voter approval requirement for
general taxes.
B. This Ordinance was proposed by the City Council of the City of Rancho
Palos Verdes through the adoption of Resolution No. 2001-55 by the affirmative votes of
not less than four of its Members as required by Government Code Section 53724(b).
Section 5. Intent. Section 1 of this Ordinance is intended to ratify the City's
collection of the increased amount of the transient occupancy tax from the 1991
increase to the present pursuant to Rancho Palos Verdes Municipal Code Section
3.16.030. Section 2 of this Ordinance is intended to re-adopt the transient occupancy
tax at a rate of ten percent (10%) and thereby authorize future collections of the tax at
such rate. Section 3 of this Ordinance is intended to allow the City Council to repeal the
transient occupancy tax, or to reduce or increase (to a maximum of ten percent (10%))
the rate of such tax, without a vote of the people. This Ordinance is not intended, and
does not allow, the City Council to increase the rate of the transient occupancy tax in
excess of ten percent (10%) without voter approval.
Section 6. Severability. 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 7. Execution. The Mayor is hereby authorized to attest to the
adoption of this Ordinance by signing where indicated below.
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 6th day of
November, 2001.
Exhibit "A"
Resolution No. 2001-55
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W:\ELECTION\Nov 2001\Resol No.2001-55 Exhibit A 663083_2.doc
Exhibit "A"
Resolution No. 2001-55
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