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HomeMy WebLinkAbout00-65 - Proposed Increase in Tansient Occupancy Tax up to Two Additional Percentage PointsRESOLUTION NO. Dd- &O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 00-63 WHICH PROPOSED AN INCREASE IN THE TRANSIENT OCCUPANCY TAX OF UP TO TWO ADDITIONAL PERCENTAGE POINTS AS A SPECIAL TAX FOR THE PURPOSE OF ACQUIRING AND DEVELOPING PARKS RECREATIONAL FACILITIES AND OPEN SPACE LANDS PURSUANT TO GOVERNMENT CODE SECTION 53724 -AND ARTICLE XIII C, SECTION 2(d) OF THE CALIFORNIA CONSTITUTION, TO SUBMIT THE PROPOSED MEASURE TO THE VOTERS FOR THE ENACTMENT OF AN ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 53724 AND ELECTIONS CODE SECTION 9222 AND CONSOLIDATE THE GENERAL MUNICIPAL ELECTION AND THE STATEWIDE GENERAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 7, 2000. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AND FIND AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa adopted. Resolution No. 00-63 on July 17, 2000, .which proposed submitting a ballot measure to the voters of the City of Costa Mesa; and WHEREAS, it has come to the attention of the City Council of the City of Costa Mesa that the ballot measure language should be clarified to reflect the intent of the City Council and to avoid confusion of the voting public; and WHEREAS, this amendment is also necessary to ensure consolidation of the general municipal election with the Statewide General Election. NOW, THEREFORE, BE IT RESOLVED: Section 1. the adoption of a special tax for the acquisition and development of parks and open space is hereby proposed pursuant to Government Code Section 53724(a) and Article XIII C, Section 2(d) of the California Constitution in the form and at the rates stated in Ordinance No. , which is attached hereto as Exhibit "A" and incorporated herein by this reference. The type of tax, the rate and maximum amount of tax, the permissible uses of the tax, and the method of its collection are stated in Ordinance No. , pursuant to Government Code Section 53724(c), this proposal shall be presented to the voters of the City at the next Statewide General Election to be held on November 7, 2000. Section 2. it is the intent of the Council to include in the consolidated election on November 7, 2000, the Ballot Measure on the Transient Occupancy Tax and adds an additional purpose in Resolution No. 00-50, which calls for the consolidation of a General Municipal Election with the Statewide General Election on November 7, 2000. Section 3. The City Council hereby amends the wording on the ballot for the measure it ordered submitted to the voters at the November 7, 2000, Statewide General Election pursuant to Resolution No. 00-63 and this resolution. The new wording to be as follows: Measure Shall an Ordinance be adopted to authorize the City Council of the City of Costa Mesa to increase the YES current Transient Occupancy Tax up to two additional percent points as a special tax for the acquisition and development of parks, recreation NO facilities and open space in the City of Costa Mesa? Section 4. The City Clerk shall certify to the passage and adoption of this Resolution, enter/it into the book of original Resolutions, and file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of Orange. PASSED AND ADOPTED this 7th day of August, 2000. ATTEST:. 41-11U Deputy City Clerk of th V ity of Costa' sa: Mayor of th City of Costa Mesa r APPROVED AS TO FORM / "CITY AT EY STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. Do-&cr was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 7th day of August, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 8th day of August, 2000. Deputy City Clerk and x -officio Clerk of the City Council of the City of Costa Mesa ORDINANCE NO. 00 - AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AN INCREASE. IN THE TRANSIENT OCCUPANCY TAX OF UP TO TWO ADDITIONAL PERCENTAGE POINTS AS A SPECIAL TAX FOR THE PURPOSE OF ACQUIRING AND DEVELOPING PARKS, RECREATION FACILITIES AND OPEN SPACE LANDS. THE PEOPLE OF THE CITY OF COSTA MESA DO HEREBY ORDAIN AS FOLLOWS: Section 1 . A new Section 16-61 of Title 16, Chapter IV of the Costa Mesa Municipal Code is hereby adopted to read as follows: 16-61 "Acquisition of parks, recreation facilities and open space" defined. As used in this chapter, the term "acquisition and development of parks, recreation facilities and open space" shall mean the acquisition, by purchase, lease or otherwise, of any interest in real property and/or the improvement, expansion or enhancement, including related expenses for such development, of property currently owned, leased or otherwise under the City's control, to be used as a parks, recreation facilities or open space. The term "acquisition and development of parks, recreation facilities and open -space" specifically excludes maintenance, repair or operation of parks, recreation facilities or open spaces. Section 2. A new Section 16-63.1 of Title 16, Chapter IV of the Costa Mesa Municipal Code is hereby adopted to read as follows: 16-63.1 "Open space" defined. As used in this chapter, the term "open space" shall mean any area that is intended to provide light and air, and is designed for environmental, scenic or recreational purposes. Open space may include, but is not limited to, construction of curb, gutter and sidewalks, only where such improvements are needed to provide for additional landscaping or open space. Section 3. A new Section 16-66.1 of Title 16, Chapter IV of the Costa Mesa Municipal Code is hereby adopted to read as follows: 16-66.1 "Tax" defined. As used in this chapter the term "tax" shall mean both the general tax imposed by section 16-68 and the special tax imposed by section 16-68.1, unless it is apparent from the context that a different meaning is intended. Section 4. A new Section 16-68.1 of Title 16, Chapter IV of the Costa Mesa Municipal Code is hereby adopted to read as follows: 16-68.1. Special Tax Imposed; nature; payment. In addition to the tax specified in section 16.68 hereinabove; each transient shall be subject to and shall pay an additional special tax to fund the acquisition and development of parks, recreation facilities and open space in the City of Costa Mesa, in an amount determined and set by separate resolution of the City Council of the City of Costa Mesa, which amount shall not exceed two (2%) percent of the rent charged by the operator for the privilege of occupancy in any hotel. The 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 finance department may require that the tax shall be paid directly to the finance department. Section 5. A new Section 16-68.2 of Title 16, Chapter IV of the Costa Mesa Municipal Code is hereby adopted to read as follows: 16-68.2 Special Fund; Use of Tax Proceeds. The proceeds of any special tax imposed pursuant to this Chapter shall be placed in a special fund to be used for the acquisition and development of parks, recreation facilities and open space in the City, including payment of principal, interest, and other financing costs with respect to any indebtedness incurred for those purposes, and for no other purpose. Section 6. Amendment of Ordinance. The City Council is hereby authorized to amend this Ordinance by three (3) affirmative votes of its members to carry out the general purposes of this Ordinance, to conform the provisions of this Ordinance to applicable state law, to permit the County Tax Collector or another public official to collect the special tax levied by this Ordinance in conjunction with County taxes, or to re -assign the duties of public officials under this Ordinance. In no event, however, may the City Council alter the provisions of Sections 16.68.1 or 16.68.2 of the Costa Mesa Municipal Code as adopted by this Ordinance without the approval of two-thirds of the voters of the City voting on the question. Section 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections, subsections, sentences, clauses, phrases, or portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Costa Mesa hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. Section 8. Two -Thirds Approval; Effective Date. This Ordinance shall be effective only if approved by two-thirds (2/3) of the voters voting thereon and shall go into effect ten (10) days after the vote is declared by the City Council. Section 9. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance if passed by the voters by signing where indicated below. I hereby certify that the foregoing Ordinance was PASSED, APPROVED and ADOPTED by the people of the City of Costa Mesa voting on the 7th day of November 2000. Mayor ATTEST: City Clerk of the City of Costa Mesa