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HomeMy WebLinkAboutCC RES 04-061RESOLUTION NO. 04-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA AND T'HE CHARTER OF THE CITY OF PALM DESERT, AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO TRANSIENT OCCUPANCY TAX. WHEREAS, under the provisions of the laws of the State of California and the Charter of the City of Palm Desert, a Genera Municipal Election shall be held on Tuesday, November 2, 2004, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to Transient Occupancy Tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California and the Charter of the City of Palm Desert, `:here is called and ordered to be held in the City of Palm Desert, California, on Tuesday, November 2, 2004, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four (4) years. SECTION 2. That the City Council, pffsuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Shall the residents of the City of Palm Desert ratify an ordinance passed by the City Council in 1992 (Ordinance No. 679), which increased the Transient Occupancy Tax (the hotel bed tax) from eight percent (8%) to nine percent (9%) and which curren': law now says requires voter approval? YES NO SECTION 3. That the proposed complete text of the measure (Ordinance No. 1071) submitted to the voters is attached hereto as Exhibit "A." SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. 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. RESOLU d :Oil F10. 64-61 SECTION 6. 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 § 14401 of the Elections Code of the State cf California. SECTION 7. 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 8. 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 9. 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 by the City Council of the City of Palm Desert, California, at its regular meeting held on the 24th day of June, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN,'CITY CLERK CITY OF PALM DESERT, CALIFORNIA zz 65/, -fiz," ROBERT A. SPIEGE, MAYOR 2 RESOLUTION NO. 04431 EXHIBIT "A" BALLOT MEASURE FOR 2004 GENERAL MUNICIPAL ELECTION (ORDINANCE NO. 1071) RESOLUTION NC. G4-61 EXHIBIT "A" ORDINANCE NO. 1071 THE CITY OF PALM DESERT, CALIFORNIA, VALIDATING AND RE-ENACTING THE CITY'S TRANSIENT OCCUPANCY VAX THE PEOPLE OF THE CITY OF PALM DESERT, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The people of the City of Palm Desert, California, find, as follows: (a) In 1992, the City Council adopted Ordinance No. 679 to increase the rate of the Transient Occupancy Tax by one percent. In 1986, the State's voters approved Proposition 62 to require voter approval of local general taxes. The City Council did not seek voter approval of Ordinance No. 679 because a number of appeal courts, including the court which ruled in the case of the City of Woodlake v. Logan 230 Cal. App. 3d 1058 (1991), had previously decided that Proposition 62's requirement that general taxes be submitted to a referendum violated the California Constitution and was therefore unenforceable. On December 14, 1995, the California Supreme Court disapproved the Woodlake decision in the case of Sante Clara County Local Transportation Authority v. Guardino, 11 Cal. 4th 220 (1995). On June 4, 2001, that Court decided Howard Jarvis Taxpayers Association v. City of La Habra 26 Cal. 4`h 236 (2001), which further suggested that the City should seek voter approval of Ordinance No. 679. The City Council thereafter proposed this Ordinance to the voters to validate the ordinance. Section 2. Validation of Existing Ordinance. Ordinance No. 679 of the City of Palm Desert, which increased the rate of the Transient Occupancy Tax from eight percent to nine percent is hereby validated and re -approved or approved to the fullest extent permitted by law. Section 3. Intent. Section 2 of this Ordinance is intended to authorize the continued collection of the Transient Occupancy Tax, to validate the adoption of that tax, and to validate taxes previously collected pursuant to Ordinance No. 679. A-2 RESOLUTEON NO, 04-61 (ORDINANCE NO. 1071) Section 4. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City by signing where indicated below. I hereby certify that the foregoing Ordinance was PASSED, APPROVED, AND ADOPTED by the people of the City of Palm Desert, California, voting on the day of November, 2004. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: BEST BEST & KRIEGER LLP DAVID J. ERWIN, CITY ATTORNEY ROBERT A. SPIEGEL, MAYOR A-3