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ORDINANCE 1253ORDINANCE NO. 1253 AN ORDINANCE OF THE PEOPLE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 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, HOWEVER, THOSE ORDINANCES OR PORTIONS OF ORDINANCES THAT PROVIDED FOR TRANSIENT OCCUPANCY TAX CREDIT AGREEMENTS. 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 Cityof Kbodlake 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 Nos. 1128, 1138, 1166, 1168, 1187, 1219, 1227 and 1238 relating to the Business License Tax, Ordinance Nos. 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 Gara County Local Transportation Authority v. Carl Guardino held Proposition 62 to be constitutional in some instances; and WHEREAS, the People of the City desire to maintain the fiscal integrity of the City and to ensure that the City continues to meet its obligations to the community in the provision of vital public services; and WHEREAS, this ordinance provides for the validation of previously enacted ordinances relating to the City's tax structure, thereby minimizing the risk to the City's fiscal integrity and the provision of services. NOW, THEREFORE, THE PEOPLE OF THE CITY OF EL SEGUNDO DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. "ORDINANCE NO. 1102 -AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 3.12, (TRANSIENT OCCUPANCY TAX) OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 3.12.075 RELATING TO A CAP OF FIVE PERCENT ON TAX REMITTANCE," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 2. "ORDINANCE NO. 1121 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS 3.12.020, 3.12.040, AND DELETING SECTION 3.12.075, OF CHAPTER 3.12, TITLE 3, OF THE EL SEGUNDO MUNICIPAL CODE," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. LAX2:141822. 7 Jm : \� \ 4 az , -1- SECTION 3. "ORDINANCE NO. 1128 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY DELETING SECTION 5.08.012 IN ITS ENTIRETY AND AMENDING SECTIONS 5.08.020, 5.08.520, 5.08.570, 5.08.585 AND 5.08.670 OF CHAPTER 5.08, TITLE 5 OF THAT CODE, WHICH CHAPTER RELATES TO A BUSINESS LICENSE TAX," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 4. "ORDINANCE NO. 1133 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS 3.24.010(a) AND 3.24.040 OF CHAPTER 3.24 OF THE EL SEGUNDO MUNICIPAL CODE TO REMOVE THE EXEMPTION FROM THE UTILITY USERS TAX FOR AN ELECTRICAL CORPORATION USING GAS FOR THE GENERATION OF ELECTRICITY," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 5. "ORDINANCE NO. 1134 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 3.24.010(a) AND ADDING ANEW SECTION 3.24.055 TO TITLE 3, CHAPTER 3.24 OF THE EL SEGUNDO MUNICIPAL CODE PROVIDING THAT TELEPHONE CALLS SHALL BE SUBJECT TO THE PROVISIONS OF CHAPTER 3.24 OF THE EL SEGUNDO MUNICIPAL CODE," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 6. "ORDINANCE NO. 1135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 3.24.010 AND ADDING SECTION 3.24.035 TO CHAPTER 3.24 TITLE 3 OF THE EL SEGUNDO MUNICIPAL CODE TO PROVIDE THAT BUSINESSES WHICH ARE ELECTRICAL COGENERATORS SHALL BE SUBJECT TO CHAPTER 3.24," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 7. "ORDINANCE NO. 1138 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING SECTIONS 5.04.125, 9.44.020; AMENDING SECTIONS 5.04.020, 5.08.630, 5.16.330, 5.16.450, 5.20.020, 5.24.020, 5.28.010, 5.36.080,5.48.100,5.48.105,9.06.120; AND DELETING SECTION 5.08.635 OF THE EL SEGUNDO MUNICIPAL CODE, WHICH SECTIONS RELATE TO LICENSES AND PERMIT FEES," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 8. "ORDINANCE NO. 1142 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 5 (BUSINESS REGULATIONS AND LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE TO DELETE AND AMEND CERTAIN SECTIONS OF CHAPTERS 5.04 AND 5.08 AND ADDING NEW SECTIONS 5.04.265, 5.04.270 AND 5.08.018 REGARDING BUSINESS LICENSE TAXES AND DELETING THE SUNSET CLAUSE ESTABLISHED BY ORDINANCE NO. 1116," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 9. "ORDINANCE NO. 1164 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTIONS 3.24.030, 3.24.035, 3.24.040, 3.24.050, 5.08.020, 5.08.195 AND 5.08.665 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING MUNICIPAL REVENUE SOURCES," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. =:141822.7 \—\.a —,, —2— SECTION 10. "ORDI NANCE NO. 1166 - AN ORDI NANCE OF THE CITY OF EL SEGUNDO, CALI FORNIA, ADDI NG A NEW SECTION 5.04.222 TO TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE, GRANTING A CREDIT REGARDING TAX PENALTIES, 11 including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 11. "ORDINANCE NO. 1168 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTIONS 5.04.100, 5.04.110, 5.04.220, 5.08.018, 5.08.030, 5.08.040, 5.08.050, 5.08.060, 5.08.070, 5.08.078, 5.08.080, 5.08.085, 5.08.090, 5.08.130, 5.08.140, 5.08.150, 5.08.170, 5.08.180, 5.08.200, 5.08.210, 5.08.220, 5.08.230, 5.08.235, 5.08.236, 5.08.237, 5.08.238, 5.08-240,5.08.250, 5.08.270, 5.08.280, 5.08.300, 5.08.310, 5.08.320, 5.08.340, 5.08.350, 5.08.360, 5.08.365, 5.08.370, 5.08.390, 5.08.410, 5.08.420, 5.08.440, 5.08.460, 5.08.490, 5.08.525, 5.08.530, 5.08.540, 5.08.550, 5.08.560, 5.08.580, 5.08.590, 5.08.600, 5.08.620, 5.08.630, 5.08.640, 5.08.650, 5.08.660 AND 5.08.661 ADDING NEW SECTIONS 5.08.021, AND 5.08.025, AND DELETING SECTIONS 5.04.022, 5.04.220.1, 5.04.221, 5.04.270, 5.08.190, 5.08.510, REGARDING THE CITY BUSINESS LICENSE TAX," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 12. "ORDINANCE NO. 1187 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 5.04.222 OF TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING CREDITS FOR TAX PENALTIES," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 13. "ORDINANCE NO. 1216 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ESTABLISHING TRANSIENT OCCUPANCY TAX RATES, CREDITS AND EXEMPTIONS," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 14. "ORDINANCE NO. 1219 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 5.08.195 OF THE EL SEGUNDO MUNICIPAL CODE TO GRANT A CREDIT AGAINST THE BUSINESS LICENSE TAX FOR CERTAIN BUSINESSES IN AN AMOUNT EQUAL TO A PERCENTAGE OF PAID DELINQUENT OR DISPUTED UTILITY USER TAXES," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 15. "ORDINANCE NO. 1220 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 3.06 ENTITLED BUSINESS ATTRACTION PROGRAM AND AMENDING SECTION 5.08.020 ESTABLISHING BUSINESS LICENSE TAX CREDITS FOR THE BUSINESS RETENTION PROGRAM TO THE EL SEGUNDO MUNICIPAL CODE," including any amendments, additions or deletions thereto, excepting, however, that portion of Section 1 adding Section 3.06.050 to the El Segundo Municipal Code, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 16. "ORDINANCE NO. 1227 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, EXTENDING THE SUSPENSION OF THE ANNUAL AUTOMATIC CONSUMER PRICE INDEX REQUIRED BY SECTION 5.08.018, CHAPTER 5.08, TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE FOR THE PERIOD BEGINNING JANUARY 1, 1995 TO AND INCLUDING JUNE 30, 1995 AND ADDING SECTION 5.08.019 TO CHAPTER 5.08 OF TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE WHICH PROVI DES A 10% REDUCTION OF BUSINESS LICENSE TAXES FROM THE EFFECTIVE DATE OF THIS ORDINANCE TO AND INCLUDING JUNE 30, 1995," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. LAX2:141822.7 -3- gym:-:�«-j-:-:\-\-- SECTION 17. "ORDINANCE NO. 1238 -AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 5 (BUSINESS REGULATIONS AND LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE TO ADD NEW SECTION 5.08.527 REGARDING SPECIFIC LICENSE FEES FOR PARKING LOT OPERATIONS," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 18. "ORDINANCE NO. 1241 - AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, DELETING SECTION 5.08.018, CHAPTER 5.08, TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE CONSUMER PRICE INDEX; AMENDING SECTION 5.08.019, CHAPTER 5.08, TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE TO INCLUDE A 10% REDUCTION AND AN ADDITIONAL 5% REDUCTION OF THE REMAINDER OF ALL BUSINESS LICENSE TAXES; AND AMENDI NG SECTIONS 5.08.020(a), 5.08.195(a) and (b) AND 5.08.220(a) AND (b) OF CHAPTER 5.08, TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE INCREASING THE NUMBER OF EMPLOYEES COVERED BY THE BASIC BUSINESS LICENSE FEE FROM 5 EMPLOYEES TO 10 EMPLOYEES," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 19. "ORDINANCE NO. 1243 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING THE EL SEGUNDO MUNICIPAL CODE IN CONNECTION WITH THE CLAIMS PERIODS RELATING TO THE BUSINESS LICENSE TAX, TRANSIENT OCCUPANCY TAX AND THE COMMERCIAL AND INDUSTRIAL UTILITY USERS TAX," including any amendments, additions or deletions thereto, is hereby validated and in full force and effect from the date of its adoption through the date of this election. SECTION 20. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining protion of this ordinance or any part thereof. SECTION 21. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. ADOPTED BY THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION HELD APRIL 9, 1996. LAX2:141822.7 -4- CLERICS CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS MY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the foregoing ordinance, being Ordinance No. 1253, is a full, true and correct original of Ordinance No. 1253 of the said City of El Segundo, California, entitled: "AN ORDINANCE OF THE PEOPLE OF THE CITY OF EL SEGUNDO, CALIFORNIA, VALIDATING ALL ORDINANCES ENACTED BY THE CTIY COUNCIL RELATING TO BUSINESS LICENSE TAXES% TRANSIENT' OCCUPANCY TAXES AND COMMERCIAL AND INDUSTRIAL UTHM USERS TAXES FROM THE EFFECTIVE DATE OF PROPosMON 62 THROUGH AND INCLUDING APRIL 8, 1996, EXCEPTING, HOWEVER, THOSE ORDINANCES OR PORTIONS OF ORDINANCES THAT PROVIDED FOR TRANSIENT' OCCUPANCY TAX CREDIT AGREEME VM" which was duly and regularly passed, approved and adopted by the electors of the City of El Segundo, California, at the General Municipal Election held in said City on Tuesday, the 9th day of April, 1996, and that it was so passed and adopted by the following vote at said election, to wit: 2362 Votes "Shall Ordinance No. entitled: AN ORDINANCE OF THE PEOPLE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 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, HOWEVER, THOSE "NO," 339 ORDINANCES OR PORTIONS OF ORDINANCES THAT PROVIDED FOR TRANSIENT OCCUPANCY TAX CREDIT AGREEMENTS, be approved ?" and that, therefore, more than a majority of the electors voting upon the question of the adoption of said ordinance having voted in favor thereof, the said ordinance shall accordingly become effective according to its terms and a provided by law. I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO. 1253, was posted in the manner prescribed by law. CINDY MORTESEN City Clerk of the City of El Segundo, California (SE)