HomeMy WebLinkAboutCC RES 2016-89RESOLUTION NO. 2016-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
ESTABLISHING THE IMPLEMENTATION PROCESS FOR THE INCREASE IN
TRANSIENT OCCUPANCY TAX FROM 9% TO 11% AS A RESULT OF THE
GENERAL ELECTION HELD ON NOVEMBER 8, 2016 (ALSO KNOWN AS
MEASURE T: PALM DESERT COMMUNITY SAFETY, VITAL SERVICES AND
FISCAL STABILITY MEASURE)
WHEREAS, pursuant to Article XIIIC, Section 2(b) of the California Constitution and
California Government Code section 53723, no local government may impose, extend, or
increase any general tax unless and until that tax is submitted to the electorate and approved by
a majority vote of the qualified electors voting in the election; and
WHEREAS, on July 28, 2016 pursuant to California Revenue and Taxation Code
Sections 7280 and 7281, the City Council authorized to submit to the qualified electors of the
City a ballot measure regarding an increase to the City's Transient Occupancy Tax, a general
tax, from nine percent (9%) to eleven percent (11%); and
WHEREAS, Measure T: Palm Desert Community Safety, Vital Services and Fiscal
Stability Measure was submitted as follows; and
MEASURE T : PALM DESERT COMMUNITY SAFETY, VITAL SERVICES AND
FISCAL STABILITY MEASURE
To maintain 9-1-1 emergency medical/police/fire response;
Palm Desert's Tong -term financial stability; neighborhood
policing/crime prevention; water conservation; street repairs
and other vital services, shall an ordinance increasing
Palm Desert's short-term general rental tax from 9% to 11%,
paid only by hotel guests/short-term renters, generating
approximately $2,200,000 annually until ended by voters,
requiring independent audits, public oversight, and local
control of funds be adopted?
YES
NO
WHEREAS, a General Election was conducted on November 8, 2016; and
WHEREAS, as a result of the Election, a majority of the voters voting on Measure T to
increase the Transient Occupancy Tax, did vote in favor of the measure; and
WHEREAS, the City Council has accepted the results of the election; and;
WHEREAS, the City Council has adopted Ordinance No. 1307, amending Sections
3.28.030 and 3.28.070 of Title 3 of the Palm Desert Municipal Code relating to Transient
Occupancy Taxes; and
WHEREAS, the City Council desires to establish an implementation process for
Measure T.
RESOLUTION NO. 2016-89
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council finds that all of the foregoing 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. The City Council pursuant to its right and authority, declares the increase
in the City's Transient Occupancy Tax, a general tax, from 9% to 11 %, to be effective January
1, 2017.
Section 3. The City Council, pursuant to its right and authority, authorizes the City
Manager, when requested, to consider allowing reservations made for occupancy after January
1, 2017, but reserved and paid for prior to the date the election results became known,
November 9, 2016, the authority to collect the Transient Occupancy Tax rate in effect prior to
November 9, 2016.
Section 4. If any section, subsection, sentence, clause, phrase or provision of this
Resolution or the application thereof to any person or circumstances is held invalid or
unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity of any other provision or applications, and to this end the provisions of this
Resolution are declared to be severable. The City Council hereby declares that it would have
passed this Resolution and each section, subsection, sentence, clause, phrase or provision
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or provisions thereof be declared invalid or unconstitutional.
Section 5. This Resolution shall take effect immediately upon its adoption by a
majority vote of the City Council.
PASSED, APPROVED AND ADOPTED this 8th day of December, 2016, by the City
Council of the City of Palm Desert, California, by the following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
JAN C. HARNIK-"
MAYOR
APPROVED AS TO FORM:
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RAC'ELLE D. KLASSE ' ITY CL ' K ROBERT EAVES, CITY ATTORNEY
CITY OF PALM DESERT, CALIFORNIA CITY OF PALM DESERT, CALIFORNIA
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