CC RESOLUTION 4948RESOLUTION NO. 4948
A RESOLUTION PLACING A BALLOT MEASURE ON THE APRIL 12,
2016 BALLOT PURSUANT TO ARTICLE XIIIC, § 2(B) OF THE
CALIFORNIA CONSTITUTION; ELECTIONS CODE § 9222; AND
GOVERNMENT CODE §§ 53723 AND 53724 REGARDING TRANSIENT
OCCUPANCY TAXES ( "HOTEL TAX ").
The City Council of the city of El Segundo resolves as follows:
SECTION 1: Pursuant to Article XIIIC, § 2(b), of the California Constitution; Elections
Code § 9222; and Government Code §§ 53723 and 53724, the City
Council places a proposition ( "ordinance ") on the ballot for a previously
called general municipal election to be held in the city of El Segundo on
Tuesday, April 12, 2016.
SECTION 2: A copy of the ordinance to be considered by the voters is attached as
Exhibit "A," and is incorporated by reference. This ordinance is approved
by the City Council through adoption of this Resolution. The ballot
measures will be designated as Measure B on the ballot.
SECTION 3: Pursuant to Elections Code §§ 9222 and 13119 the exact form of the
question to be voted on at the election as it should appear on the ballot is
as follows:
SHALL THE HOTEL TAX MEASURE WHICH INCREASES TRANSIENT Yes ❑
OCCUPANCY TAXES ON LODGING FROM 8% to 12% (INDEFINITELY
INCREASING ANNUAL GENERAL FUND REVENUES BY AN No ❑
ESTIMATED $ 3,200,000.00) FOR ALL CITY SERVICES BE ADOPTED?
SECTION 4: The City Clerk is directed to forward a copy of this Resolution to the City
Attorney for purposes of preparing a Title and Summary in accordance
with the Elections Code.
SECTION 5: Pursuant to 42 U.S.C. § 1973aa -1 a., the City Clerk will:
A. Translate all ballot statements into Spanish;
B. Make translated copies of ballot statements publicly available.
SECTION 6: The polls will open at 7 a.m. on election day and remain open until 8 p.m.
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SECTION 7: The City Council Chamber, 350 Main Street, El Segundo, is designated
the Central Counting Place where all ballots of the election will be tallied.
SECTION 8: The City Clerk is authorized to canvass the returns of the Municipal
Election. The election will be held in all respects as if there were only one
election, and only one form of ballot will be used.
SECTION 9: 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.
SECTION 10: In accordance with Government Code § 53724 this Resolution must be
adopted upon a two - thirds (2/3) vote and will become effective
immediately upon adoption.
PASSED AND ADOPTED this 1ST day of December, 2015.
ATTEST:
r,.
Tra y,W,e6ve'r, City Offer '' ¢
APPROV D AS TO FORM:
By.
MARK D. HENSL,5Y, City Attorney
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uza , he Fuentes, Mayor
CERTIFICATION
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Resolution
No. 4948 was duly passed, approved and adopted by said City Council at a regular meeting held
on the 1" day of December, 2015, approved and signed by the Mayor, and attested to by the City
Clerk, by the following vote:
AYES: Mayor Fuentes, Council Member Atkinson, Council Member Fellhauer, Council
Member Dugan
NOES: Mayor Pro Tern Jacobson
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this Bch day of December, 2015.
racWeaver, City Clerk
of the City of El Segundo,
California
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Exhibit A
ORDINANCE NO.
A PROPOSITION AMENDING EL SEGUNDO MUNICIPAL CODE § 3-4 -3
TO INCREASE THE TRANSIENT OCCUPANCY TAX TO FUND
GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT
LIMITATION, POLICE PROTECTION AND CRIME SUPPRESSION
SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND
PARK AND RECREATION FACILITIES AND SERVICES.
The people of the city of El Segundo do hereby ordain as follows:
SECTION 1:: El Segundo Municipal Code ( "ESMC ") § 3- 4 -3(A) (Imposition Rate) is
amended in its entirety to read as follows:
"A. Tax Imposed: For the privilege of occupancy in any hotel, each transient is
subject to and must pay a tax of 12 percent (12 %) of the rent charged by the
operator."
SECTION 2: INTERPRETATION. This Proposition must be interpreted so as to be
consistent with all federal and state laws, rules, and regulations. If any
section, sub - section, sentence, clause, phrase, part, or portion of this
Proposition is held to be invalid or unconstitutional by a final judgment of a
court of competent jurisdiction, such decision does not affect the validity of
the remaining portions of this Proposition. The voters declare that this
Proposition, and each section, sub - section, sentence, clause, phrase, part,
or portion thereof, would have been adopted or passed irrespective of the
fact that any one or more sections, sub - sections, sentences, clauses,
phrases, part, or portion is found to be invalid. If any provision of this
Proposition is held invalid as applied to any person or circumstance, such
invalidity does not affect any application of this Proposition that can be given
effect without the invalid application.
SECTION 3: SEVERABILITY. If any portion of this Proposition is held by a court of
competent jurisdiction to be invalid, the remainder of the proposition and the
application of such provision to other persons or circumstances shall not be
affected thereby. We the People indicate our strong desire that: (i) the City
Council use its best efforts to sustain and reenact that portion, and (ii) the
City Council implement this Proposition by taking all steps possible to cure
any inadequacies or deficiencies identified by the court in a manner
consistent with the express and implied intent of this Proposition, and then
adopting or reenacting such portion as necessary or desirable to permit the
planning and development of the Project.
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SECTION 4: CONSTRUCTION. This Proposition must be broadly construed in order to
achieve the purposes stated in this Proposition. It is the intent of the voters
that the provisions of this Proposition be interpreted or implemented by the
City and others in a manner that facilitates the purposes set forth in this
Proposition.
SECTION 6 ENFORCEABILITY. Repeal of any provision of the El Segundo Municipal
Code does not affect any penalty, forfeiture, or liability incurred before, or
preclude prosecution and imposition of penalties for any violation occurring
before this Ordinance's effective date. Any such repealed part will remain in
full force and effect for sustaining action or prosecuting violations occurring
before the effective date of this Ordinance.
SECTION 6: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal
or amendment of the ESMC or other city ordinance by this Ordinance will be
rendered void and cause such previous ESMC provision or other the city
ordinance to remain in full force and effect for all purposes
SECTION 7: EFFECTIVE DATE. This Proposition will enact and impose a general tax.
Accordingly, it will be submitted to a general municipal election on April 12,
2016 for voter approval. If a majority of voters vote in favor of this
Proposition, it will become valid and binding ten days after the date that the
City Council certifies the election results in accordance with Elections Code §
9217.
SECTION 8: The Mayor will sign this Proposition and the City Clerk will attest and certify
to the passage and adoption of this Ordinance if a majority of the voters
voting in the City's general election on April 12, 2016 approve the proposition
asking whether the voters approve this Proposition.
PASSED APPROVED AND ADOPTED this day of 12016,
ATTEST:
Tracy Weaver,City Clerk
APPROVED AS TO FORM:
By:
MARK D. HENSLEY, City Attorney
Suzanne Fuentes, Mayor
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