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HomeMy WebLinkAboutResolution - 3641 STATE OF CALIFORNIA ) RESOLUTION NO. 3641 COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE TO BE HELD AT THE NOVEMBER 8, 2016 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE CITY'S TRANSIENT OCCUPANCY (HOTEL) TAX BY INCREASING THE RATE FROM 8% TO 12% FOR HOTELS OPERATING WITHIN THE CITY OF SAN JACINTO WHEREAS, pursuant to Section 9222 of the California Elections Code, the City Council has authority to place propositions on the ballot to be considered at a Municipal Election; and WHEREAS, pursuant to Chapter 3.20 of Title 3 of the San Jacinto Municipal Code (S.J.M.C. H3.20.010 through 3.20.140), the City currently imposes a Transient Occupancy Tax (Hotel) Tax ("TOT") at the rate of eight percent (8%) upon guests of hotels and other transient accommodations within the City; and WHEREAS, the current 8% rate of the TOT is a general tax the proceeds of which are deposited into the City's general fund. The general fund pays for important City services such as police protection, fire and paramedic services, street operations and maintenance, library services, parks and recreation services and general municipal services to the public; and WHEREAS, the City Council desires to amend the San Jacinto Municipal Code to increase the rate of the TOT from eight percent (8%) to twelve percent (12%); and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and WHEREAS, the amendments proposed in the attached ordinance which increase the rate of the TOT constitute a tax "increase" subject to Proposition 218; and WHEREAS, the amendments proposed in the attached ordinance which apply the TOT rate to the total rent charged to a guest for occupancy in a hotel (including any retail markup and other charges imposed through purchase of occupancy through an employer, agent, on-line travel company, or online short term rental company) may also be characterized as an "increase" in the TOT under Proposition 218; and WHEREAS, the City Council desires to submit to the voters at the November 8, 2016 General Municipal Election one ballot proposition,entitled: I "Shall the City of San Jacinto increase the Transient Occupancy (Hotel Room) Tax rate from 8% to 12%, generating approximately $20,000 more annually to pay for general City services, such as police, fire, and parks, until ended by voters?" WHEREAS, pursuant to Government Code §53724 ("Proposition 62"), a two-thirds supermajority of the City Council is required to place the Measure on the November 8, 2016 ballot. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council finds that all of the preceding recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. SECTION 2. By adoption of Resolution No. 3620 on June 7, 2016, the City Council has called and given notice of a General Municipal Election to be held on Tuesday, November 8, 2016 in the City of San Jacinto, County of Riverside, for the purpose of filling elective offices. SECTION 3. Submission of Measure. Pursuant to Government Code, §53724 and any other applicable requirements of the laws of the State of California relating to general law cities, the City Council, by a two-thirds supermajority vote, hereby orders the ordinance attached hereto as Exhibit "A" and by this reference incorporated herein and made an operative part hereof, to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, November 8, 2016. SECTION 4. The ballot proposition shall be presented and printed upon the ballot submitted to the voters in the manner and form set forth in this Section 4. On the ballot to be submitted to the qualified voters at the City General Municipal Election to be held on Tuesday, November 8, 2016, in addition to any other matters required by law, there shall be printed substantially the following: "Shall the City of San Jacinto YES increase the Transient Occupancy (Hotel Room) Tax rate from 8% to 12%, generating approximately $20,000 more annually to pay for general City services, such as police, fire, and parks, until ended by voters?" NO 2 SECTION 5. Conduct of Election. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of Election. 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. SECTION 7. Impartial Analysis. Pursuant to California Elections Code §9280, the City Council hereby directs the City Clerk to transmit a copy of the measure as set forth herein to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City CIerk not later than end of business on August 22, 2016. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, or in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: "The above statement is an impartial analysis of Ordinance 2016-09 or Measure "---- ". If you desire a copy of the ordinance or measure, please call the election official's office at (insert phone number) and a copy will be mailed at no cost to you." SECTION 8. Certification. The City Clerk shall certify to the adoption of this Resolution. SECTION 9. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 8, 2016, Ole with the Board of Supervisors and the County Clerk — Registrar of Voters of the County of Riverside, State of California, a certified copy of this Resolution. SECTION 10. Public Examination. Pursuant to California Elections Code §9295, this measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election. The Clerk shall post notice in the Clerk's office of the specific dates that the examination period will run. PASSED, APPROVED and ADOPTED this 8th day of August, 2016 by the following vote: AYES: Gagnepain, Ledezma, Miller, Ruiz, Kotyuk NAYS: None ABSENT: None ABSTAIN: None City of San Jacinto 3 Andrew F. Kotyuk, Mayor ATTEST: J atron, Deputy City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER Jeffrey S. Ballinger, City Attorney 4 CERTIFICATION I, Jan Catron, Deputy City Clerk of the City of San Jacinto do hereby certify that the foregoing Resolution No. 3641was duly adopted by the City Council of the City of San Jacinto at a special meeting thereof, held on the 8th day of August, 2016, by the following vote of Council: AYES: Gagnepain, Ledezma, Miller, Ruiz, Kotyuk NAYS: None ABSENT: None ABSTAIN: None ,fCalron City Clerk 5 Exhibit "A" STATE OF CALIFORNIA } ORDINANCE NO. 16-09 COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) MEASURE " " AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN JACINTO AMENDING CHAPTER 3.20 OF THE SAN JACINTO MUNICIPAL CODE TO INCREASE THE RATE TRANSIENT OCCUPANCY TAX RATE FROM 8% TO 12%, FOR HOTELS OPERATING WITHIN THE CITY OF SAN JACINTO (NOTE: additions are highlighted in bold italics and deletions are highlighted in sw4keeu THE PEOPLE OF THE CITY OF SAN JACINTO, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.20.030 of Chapter 3.20 of Title 3 of the San Jacinto Municipal Code is hereby amended to read as follows: "3.20.030. Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eig4 twelve percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator." SECTION 2. Effective Date. Pursuant to California Constitution Article XIIIC §(2)(d) and California Elections Code §9217, if a majority of the qualified voters voting in the election on Measure "_" vote in favor of the adoption of such measure, this ordinance shall be deemed valid and binding and shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date. SECTION 3. 5everability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The People of the City of San Jacinto hereby declare that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. fi SECTION 4. Certification/Summary. Following the City Clerk's certification that the citizens of San Jacinto have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law. PASSED, APPROVED and ADOPTED this 8th day of August, 2016 by the following vote: AYES: Gagnepain, Ledezma, Miller, Ruiz, Kotyuk NAUS: None ABSENT: None ABSTAIN: None City of San Jacinto Andrew F. Kotyuk, Mayor ATTEST: Jan Catron, Deputy City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Jeffrey S. Ballinger, City Attorney 7