CC RES 2001-056 RESOLUTION NO 2001-56
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES
ORDERING THAT A PROPOSITION RELATED TO THE
CITY'S GOLF 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 collection of
the existing 10% golf tax?
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.
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.
663093.11 (2001-56)
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 7TH day of August, 2001.
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AP" O'
ATTEST:
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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. 2001-56 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on August 7, 2001.
q 2\ '
City Clerk
W:\ELECTION\Nov 2001\Resol.No.2001-56 Ordering Golf Tax 663093_11.DOC
663070.1 [RATIFICATION&RE-ADOPTION]
EXHIBIT "A"
ORDINANCE
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
RATIFYING AND RE-ADOPTING THE CITY'S GOLF 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 1993 adoption of Section 3.40.030
(Tax imposed) of Chapter 3.40 (Golf Tax) of Title 3 (Revenue and Finance) of the
Rancho Palos Verdes Municipal Code, which imposes a tax in the amount of 10% on
the golf fees charged by an operator of a golf course in the City, is hereby ratified and
approved to the full extent permitted by law. The existing provisions of Section
3.40.030, as adopted in 1993, are set forth below in full and are incorporated herein by
this reference:
"For the opportunity of playing golf in the City, each user is subject
to and shall pay a tax in the amount of ten percent of the golf fees charged
by the operator. The tax constitutes a debt owed by the user to the city
which is extinguished only by payment to the operator or to the city."
Section 2. Reimposition of Tax. Section 3.40.030 (Tax imposed) of Chapter
3.40 (Golf 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 golf tax below ten
percent (10%); or (iii) increase the rate of the golf 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 golf tax in excess of ten percent (10%) without approval by a majority of the
voters voting in an election on the increase.
Section 4. Findings. The People of the City of Rancho Palos Verdes hereby
find as follows:
A. In 1993, without voter approval, the City Council adopted an ordinance
imposing a tax in the amount of ten percent (10%) on the golf fees charged by an
operator of a golf course in the City. 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.
663132.2(2001-56 Exhibit)
B. This Ordinance was proposed by the City Council of the City of Rancho
Palos Verdes through the adoption of Resolution No. 2001-56 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
adoption of the golf tax and the collection of the golf tax pursuant to Rancho Palos
Verdes Municipal Code Section 3.40.030. Section 2 of this Ordinance is intended to re-
adopt the golf 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 golf 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 golf 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.
W:\ELECTION\Nov 2001\Resol No.2001-56 Exhibit A 663132 2.doc
Exhibit "A"
Resolution No. 2001-56
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