CC RESOLUTION 3957RESOLUTION NO. 3957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1996,
FOR THE SUBMISSION TO THE VOTERS A QUESTION
RELATING TO THE ENACTMENT OF A BUSINESS
LICENSE TAX, COMMERCIAL AND INDUSTRIAL UTILITY
USERS TAX AND TRANSIENT OCCUPANCY TAX AND A
QUESTION RELATING TO THE VALIDATION OF THE
CITY'S PREVIOUS TAX STRUCTURE.
WHEREAS, Proposition 62 was adopted as an initiative measure at the 1986
general election. Proposition 62 states, among other matters, that the imposition of
general taxes be approved by a majority vote of the people; and
WHEREAS, several California Court of Appeal opinions, including CityofWoodlake
v. Logan (1991) 230 Cal.App.3d 1058, subsequently declared Proposition 62
unconstitutional insofar as it purported to apply to cities; and
WHEREAS, in good faith belief that Proposition 62 was invalid, the City Council
adopted Ordinance No. 1128, 1138, 1166, 1168, 1187, 1219, 1227 and 1238 relating to
the Business License Tax, Ordinance No. 1102, 1121 and 1216 relating to the Transient
Occupancy Tax; Ordinance No. 1220 relating to the Business License Tax and the
Transient Occupancy Tax; Ordinance Nos. 1133, 1134, and 1135 relating to the Utility
Users Tax; and Ordinance Nos. 1142 and 1164 relating to the Business License Tax and
the Utility Users Tax; and
WHEREAS, the recent California Supreme Court decision in Santa Clara County
Local Transportation Authority v. Carl Guardino ( "Guardind') held Proposition 62 to be
constitutional in some instances; and
WHEREAS, the eventual application of the Guardino decision to City taxes will call
into question the validity of all ordinances enacted by the City Council relating to the
Business License Tax, the Transient Occupancy Tax and the Utility Users Tax since
November 5, 1986; and
iWHEREAS, the City's ability to provide police and fire services for the safety of the
community and other municipal services to the community is dependent on revenues
collected from the Business License Tax, Utility Users Tax and Transient Occupancy Tax
for continuation of basic municipal services; and
WHEREAS, the City desires to take proactive steps to assure the validity of prior
taxes collected pursuant to Ordinance Nos. 1133, 1134, 1135, 1138, 1142, 1164, 1168,
1216 and 1238 through the date of voter approval thereof; and
WHEREAS, to avoid further ambiguity, the City desires to obtain voter approval of
the Business License Tax, the Transient Occupancy Tax and the Commercial and
Industrial Utility Users Tax from the date of voter approval thereof at the same rates as
are currently being collected for these taxes; and
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 April 9, 1996 to submit
to the voters at the election a question relating to the approval of a Business License Tax,
a Commercial and Industrial Utility Users Tax and a Transient Occupancy Tax and a
question relating to the validation of the City's previous tax structure.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDERAS 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 El Segundo, California, on Tuesday, April 9, 1996, a General Municipal Election.
SECTION 2. That the City Council, pursuant to its right and authority, does
order submitted to the voters at the General Municipal Election the following question:
"Shall Ordinance No. entitled "AN ORDINANCE YES
OF THE PEOPLE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, APPROVING FROM APRIL 9, 1996 NO
FORWARD, A BUSINESS LICENSE TAX, A
TRANSIENT OCCUPANCY TAX AND A
COMMERCIAL AND INDUSTRIAL UTILITY USERS
TAX AT THE SAME RATES AS ARE CURRENTLY
SET FORTH IN THE EL SEGUNDO MUNICIPAL
CODE; DELETING THEREFROM CERTAIN
SECTIONS PROVIDING FOR TRANSIENT OCCUPANCY
TAX CREDITS AND TAX CREDIT AGREEMENTS; AND
REDUCING THE TRANSIENT OCCUPANCY TAX FROM
. 10% TO 8 %," be approved?
SECTION 3. That the City Council, pursuant to its right and authority, does
order submitted to the voters at the General Municipal Election the following question:
"Shall Ordinance No. entitled "AN
ORDINANCE OF THE PEOPLE OF THE CITY OF
EL SEGUNDO VALIDATING ALL ORDINANCES
ENACTED BY THE CITY COUNCIL RELATING TO
BUSINESS LICENSE TAXES, TRANSIENT
OCCUPANCY TAXES AND COMMERCIAL
AND INDUSTRIAL UTILITY USERS TAXES
FROM THE EFFECTIVE DATE OF PROPOSITION 62
THROUGH AND INCLUDING APRIL 8, 1996,
EXCEPTING, HOAEVER, THOSE ORDINANCES
• OR PORTIONS OF ORDINANCES THAT
PROVIDED FOR TRANSIENT OCCUPANCY
TAX CREDIT AGREEMENTS," be approved?
YES
NO
SECTION 4. That the proposed measures submitted to the voters are
attached hereto as Exhibit A and Exhibit B, respectively.
SECTION 5. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 6. 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.
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jm:n: \maolu[i�]Y39s).E96
SECTION 7. 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
eight o'clock p.m. of the same day when the polls shall be closed, except as provided in
Section 14301 of the Elections Code of the State of California.
SECTION 8. That Resolution No. 3948, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED
SERVICES TO THE CITY RELATI NG TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1996, adopted by the City Council on
November 7, 1995, and Resolution No. 3950, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE CANVASS OF THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1996, BY
THE CITY CLERK, adopted by the City Council on November 7, 1995, are both
incorporated herein by reference and made applicable hereto.
SECTION 9. 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 10. 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 11. 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
ATTEST:
P
i
91ty Clerk
APPROVED AS TO FORM:
City Attorney
January 2 1
Mayor
I hereby certify that the foregoing Resolution No. 3947, was duly adopted
by the City of El Segundo at a regular meeting thereof held on the 2nd day of January,
1996, by the following vote of the Council:
AYES: Councilmembers: Carl Jacobson, Liam Weston, Michael
Robbins, Richard Switz, and Jane Friedldn.
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Clerk
E
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