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HomeMy WebLinkAboutCC Res 5042 2002-07-22 RESOLUTION NU~ER ~#~ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5th, 2002 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE. WHEREAS, the City Council of the City of Seal Beach has called a Special Municipal Election to be held on November 5th, 2002 for the purpose of submitting to the voters a proposed Ordinance relating to the Transient Occupancy Tax and a proposed City Charter amendment to prohibit residential property rent control; and I WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide General Election on Tuesday, November 5th, 2002, for the purpose of considering the following measures: Measure Shall Ordinance No. 1485, which YES increases the transient occupancy tax from 9% to 12%, be adopted? NO I UORDINANCE NUMBER 1485 AN ORDINANCE OF THE CITY OF SEAL BEACH INCREASING THE CITY'S TRANSIENT OCCUPANCY TAX, REVISING THE TRANSIENT OCCUPANCY TAX ORDINANCE AND AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO THE TRANSIENT OCCUPANCY TAX Resolution Number ~ THE PEOPLE OF THE CITY OF SEAL BEACH DO ORDAIN AS FOLLOWS: Sect.ion 1. of t.he read as Increase of Tax. Sect.ion 22-25 of t.he Code Cit.y of Seal Beach is hereby amended t.o follows: Sect.ion 22-25. Imposit.ionl Amount., Where Payable. For t.he privilege of occupancy in any hot.el, each t.ransient. is subject. t.o and shall pay a t.ax in t.he amount. of t.welve percent. (12%) of t.he rent. charged by t.he operat.or. Such t.ax const.it.ut.es a debt. owed by t.he t.ransient. t.o t.he Cit.y, which debt. is ext.inguished only by payment. to t.he operat.or or t.o t.he City. The t.ransient. shall pay t.he t.ax t.o t.he operat.or of t.he hot.el at. t.he t.ime t.he rent. is paid. If t.he rent. is paid in inst.allment.s, a proport.ionat.e share of t.he t.ax shall be paid wit.h each inst.allment.. The unpaid t.ax shall be due upon t.he t.ransient.. s ceasing t.o occupy space in t.he hot.el. If, for any reason t.he t.ax due is not. paid t.o t.he operat.or of t.he hot.el, t.he t.ax administ.rat.or may require t.hat. such t.ax shall be paid direct.ly t.o t.he tax administ.rat.or." I Sect.ion 2. Amendment. and Repeal. Not.wit.hst.anding California Elect.ions Code Sect.ion 9217, wit.hout. a vot.e of t.he people, t.he Seal Beach Cit.y Council may do any of t.he following: (i) repeal t.his Ordinance; (ii) reduce t.he rat.e of t.he t.ransient. occupancy t.ax below t.welve percent. (12%); (iii) increase t.he rat.e of t.he t.ransient. occupancy t.ax t.o t.welve percent. (12%) if it. previously has been reduced below such rat.e; or (iv) amend t.he Uniform Transient. occupancy Tax Ordinance in any ot.her manner t.hat. does not. increase t.he rat.e of t.he t.ransient. occupancy t.ax in excess of t.welve percent. (12%). In no event. shall t.he Seal Beach Cit.y Council increase t.he rat.e of t.he t.ransient. occupancy t.ax in excess of t.welve percent. (12%) wit.hout. approval by a majorit.y of vot.ers vot.ing in an elect.ion on t.he increase. I Sect.ion 3. Findinqs and Int.ent.. A. This Ordinance was proposed by t.he Seal Beach Cit.y Council t.hrough t.he adopt.ion of Ordinance No. , . 1486 by t.he aff1rmat.ive vot.es of not. less t.han four of it.s members as required by California Government. Code Sect.ion 53724(b). B. Sect.ion 1 of t.his Ordinance is int.ended t.o increase t.he t.ransient. occupancy t.ax t.o a rat.e of t.welve percent. (12%) and t.hereby aut.horize fut.ure collect.ions of t.he t.ax at. such rat.e. I sect.ion 4. Severabilit.y. If any sect.ion, subsect.ion, subdivision, paragraph, sent.ence, clause or phrase of t.his Ordinance or any part. t.hereof is for any reason held t.o be unconst.it.ut.ional, such decision Resolution Number ~ I shall not affect the validity of the rema1n1ng portions of this Ordinance or any part thereof. The people of the City of Seal Beach hereby declare that they would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. Section 5. 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 Seal Beach voting on the day of John Larson, Mayor" Measure I Shall the Charter of the City of YES Seal Beach be amended to prohibit residential property rent control? NO The Charter of the City of Seal Beach is hereby amended by adding to Article II (Powers of the City) a new Section 202 to read as follows: NSection 202. Rent Control. (a) Except as provided in paragraph (b), the City shall not enact or enforce any residential property rent control law. For purposes of this section, Nresidential property rent control law" means an ordinance, administrative regulation or other measure that regulates the compensation payable to an owner of residential real property in exchange for rental of such property. I (b) This section does not preclude the City from enacting or enforcing a residential property rent control law in any of the following .si tuations: .\' ""- "r ...,. \. (1') . When ""the residential real property is a mobileti'ome park. (~f~ When ~h~ owner of the residential real . . . . property has agreed by contract, w1th " J the crty or the Seal Beach Redevelopment ,,<!!., Age~c'y, to limit rents in consideration "for a direct financial contribution or other form of assistance from the City or Agency. Resolution Number ~ (3) When necessary to comply with the terms of a federal or state statue, regulation or contract." Section 2. That the County Election Department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. I Section 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Section 4. That the City of Seal Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Section 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Orange. Section 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter same into the book of original resolutions. I PASSED, APPROVED and ADOPTED by of se~ach, Californ' , t a the ~_ day of following vote: Councilmember the City Council of the City regular meeting thereof on , 2002 by the AYES: ~ (/ar NOES: ABSENT: ~1..D.P~ Mayor I I I I Resolution Number ~~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution was passed, roved and adopted by the City Council of the City of S 1 B c at a meeting thereof held on the ~~~~ day of , 2002. ~ "