Legislation Details

File #: HIST-14426    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 7/26/2010 Final action: 7/26/2010
Title: Adoption of Resolutions (1) (Unanimous Vote Requirement) Declaring an Emergency Pursuant to Article XIII C of the Constitution of the State of California; (2) Calling and Giving Notice of the Holding of a Special Municipal Election to be Consolidated with the Statewide General Election to be Held on Tuesday, November 2, 2010 for the Purpose of Submitting to the Voters a Measure Relating to Increasing the City’s Transient Occupancy Tax; (3) Requesting the Board of Supervisors of the County of Los Angeles Render Specified Services Related to the Conduct of said Election; and (4) Authorizing the City Council and/or Certain Council Members to Submit Ballot Arguments and Rebuttals Regarding the Measure; and (5) (Four-Fifths Vote Requirement) Approving a Related Budget Amendment.
Attachments: 1. Adoption of Resolutions (1) (Unanimous Vote Requi - A-2__10-07-26_CFO_CITY COUNCIL__TOT_on_Ballot - FINAL.doc, 2. Adoption of Resolutions (1) (Unanimous Vote Requi - A-2__10-07-26__CFO_CITY COUNCIL__TOTonballot-ATT.pdf
City of Culver City, California Agenda Item Report Meeting Date: 07/26/2010 Item Number: A-2 CITY COUNCIL AGENDA ITEM: Adoption of Resolutions (1) (Unanimous Vote Requirement) Declaring an Emergency Pursuant to Article XIII C of the Constitution of the State of California; (2) Calling and Giving Notice of the Holding of a Special Municipal Election to be Consolidated with the Statewide General Election to be Held on Tuesday, November 2, 2010 for the Purpose of Submitting to the Voters a Measure Relating to Increasing the City’s Transient Occupancy Tax; (3) Requesting the Board of Supervisors of the County of Los Angeles Render Specified Services Related to the Conduct of said Election; and (4) Authorizing the City Council and/or Certain Council Members to Submit Ballot Arguments and Rebuttals Regarding the Measure; and (5) (Four-Fifths Vote Requirement) Approving a Related Budget Amendment. Contact Person/Dept.: Jeff Muir/Finance Phone Number: (310) 253-5865 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Commission Action Required: Yes [] No [] Date: _______________ Public Notification: (E-Mail) Meetings and Agendas – City Council (07/22/10) Department Approval: Jeff Muir (07/20/10) City Attorney Approval: Carol Schwab (by H. Baker) (07/22/10) Chief Financial Officer Approval: Jeff Muir (07/20/10) City Manager Approval: P. Lamont Ewell (07/22/10) RECOMMENDATION: Staff recommends the City Council: 1. (Unanimous Vote Required) Adopt a resolution declaring an emergency in accordance with Section XIII C of the Constitution of the State of California; and, 2. Adopt a Resolution calling and giving notice of the holding of a Special Municipal Election to be consolidated with the Statewide General Election to be held on Tuesday, November 2, 2010 for purposes of submitting to the voters a measure which would increase the Transient Occupancy Tax rate from the current 12% to 13% effective July 1, 2011 and from 13% to 14% effective July 1, 2012; and, 3. (Four-fifths Vote Required) Adopt a Resolution requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating the conduct of a Special Municipal Election and approve the appropriation of necessary funds; and, 4. Adopt a Resolution authorizing the City Council and/or certain Council Members to submit arguments and rebuttals regarding the ballot measure. City of Culver City, California Agenda Item Report BACKGROUND: On July 12, 2010, the City Council considered a recommendation from staff to place a ballot measure on the November 2, 2010 ballot to increase the City’s Transient Occupancy Tax (also known as the Hotel and Motel Tax) rate from 12% to 14%. After considering information from staff and representatives from the Chamber of Commerce and local hotels, there was consensus to move forward with the compromise that the ballot measure would propose increasing the tax from 12% to 13% on July 1, 2011 and from 13% to 14% on July 1, 2012. The representatives from the Chamber of Commerce and the local hotels were accepting of this proposal. Since the policy discussion and decision was already completed, the purpose of this item is to bring the necessary proposed resolutions before the City Council to do the following: 1. Declare the existence of a fiscal emergency pursuant to Article XIIIC of the California Constitution (a unanimous vote is required for the declaration of fiscal emergency); and, 2. .(If the fiscal emergency is declared) Call and give notice of the holding of the special election to be consolidated with the Statewide General Election to be held on November 2, 2010 3. Request the County of Los Angeles provide the services for this election. 4. Authorize the City Council and/or certain Council Members to submit arguments regarding the ballot measure. DISCUSSION: Declaring the Existence of a Fiscal Emergency Section XIII C, Section 2(b) of the Constitution of the State of California states, in pertinent part: “…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. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body (emphasis added)…” City of Culver City, California Agenda Item Report For several years, and most recently during the budget process, staff has presented the City Council and community with information related to the City’s structural deficit and the lack of funding for significant deferred maintenance and other long-term liabilities. The severe economic downturn currently being experienced and the significant impacts said downturn is having on the City demonstrates that the City is in the midst of a fiscal emergency. Given the policy decision regarding this item was already made by a majority of the City Council, staff recommends the City Council unanimously adopt a resolution declaring the existence of an emergency to allow the voters to consider this item in November, 2010. Absent this declaration, the earliest this item could be considered by the voters would be April, 2012. Calling of the Special Election Should the City Council unanimously adopt the proposed resolution declaring the emergency, then staff recommends the City Council adopt the proposed resolution calling and giving notice of the holding of a Special Election to be consolidated with the Statewide General Election on November 2, 2010. Requesting the County to Conduct the Election In accordance with Section 10002 of the Elections Code of the State of California, the governing body of any city or district may, by resolution, request the Board of Supervisors of the county to permit the County Elections Official to render specified services to the city or district relating to the conduct of an election. Because the County is already going to be conducting an election on November 2, 2010, staff recommends this special election be consolidated with the Statewide General Election and recommends the City Council adopt the proposed resolution which requests the Board of Supervisors render specified services to the City relating to the conduct of said election. Authorizing the City Council and/or Certain Council Members to Submit Arguments The City Council, authorized members of the City Council, citizen associations and private citizens may submit arguments for or against the proposed Measure. Only one ballot argument for and one ballot argument against each measure and rebuttals to each may be printed in the sample ballot. The Elections Code gives preference to the arguments submitted by the City Council, as a body, or by Council Members authorized to submit arguments by the City Council. Should the City Council decide to submit an argument as a body, it is automatically placed on the ballot. If the City Council decides to have some of its members submit an argument, those members need to be designated by the City Council in order for their argument(s) to receive priority. City of Culver City, California Agenda Item Report The City Council should decide whether it will submit initial and rebuttal arguments for or against the measure as a body or designate individual Council Members to submit those arguments. If individual members are to be designated, then the City Council should make those designations at this meeting. Please note, that if more than two City Council Members will be working together to write, or intend to give comments on the same argument, then, pursuant to the Brown Act, those discussions and comments among those members can only occur during a duly noticed public meeting of the City Council. Based on the calendar in the Los Angeles County Measure Information Booklet for the November 2, 2010 election, primary arguments are due August 16, 2010 and shall not exceed 300 words in length. Rebuttal arguments are due 10 days after the primary arguments are due and shall not exceed 250 words. The deadline for rebuttal arguments would be August 26, 2010. FISCAL ANALYSIS: The estimated cost to consolidate the election with Los Angeles County is $70,000. This was not included in the Fiscal Year 2010-2011 budget and a budget amendment, requiring a four-fifths vote, is necessary in order to appropriate funds from reserves. ATTACHMENTS: 1. Proposed Resolution Declaring an emergency pursuant to Section XIII C of the California Constitution 2. Proposed Resolution Calling and Giving Notice of the Holding of a Special Municipal Election to be Held on Tuesday, November 2, 2010; Submitting a Question Relating to the Increase of the Existing Transient Occupancy Tax Ordinance.(including Exhibit A thereto which is the proposed Question) 3. Proposed Resolution Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City of Culver City Relating to the Conduct of a Special Municipal Election to be consolidated with the Statewide General Election to be Held in the City on Tuesday, November 2, 2010 4. Proposed Resolution Authorizing the City Council and/or Certain Council Members to Submit Arguments Regarding the Increase of the Existing Transient Occupancy Tax Measure on the Ballot for the November 2, 2010 Election MOTION: That the City Council: City of Culver City, California Agenda Item Report 1) (Unanimous Vote Required) Adopt a resolution declaring an emergency pursuant to Section XIII C of the California Constitution; and, 2) Adopt a Resolution Calling and Giving Notice of the Holding of a Special Municipal Election to be Consolidated with the Statewide General Election to be held on Tuesday, November 2, 2010; Submitting a Question Relating to the Increase of the Existing Transient Occupancy Tax; and, 3) Adopt a Resolution Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City of Culver City Relating to the Conduct of a Special Municipal Election to be Held in the City on Tuesday, November 2, 2010; and, 4) (Four-Fifths Vote Required) Approve a Budget Amendment appropriating $70,000 from the General Fund Reserve to cover costs to conduct the Election; and, 5) Approve a Resolution Authorizing the City Council and/or Certain Council Members to Submit Arguments Regarding the Increase of the Transient Occupancy Tax; OR 6) (If the City Council determines to Designate Certain Members to submit such arguments) Designate the following Council Members to submit ballot arguments and rebuttals regarding the Increase of the Transient Occupancy Tax: ___________ ________________________________________________________________ MEETING DATE: 07/26/2010 AGENDA ITEM: Adoption of Resolutions (1) (Unanimous Vote Requirement) Declaring an Emergency Pursuant to Article XIII C of the Constitution of the State of California; (2) Calling and Giving Notice of the Holding of a Special Municipal Election to be Consolidated with the Statewide General Election to be Held on Tuesday, November 2, 2010 for the Purpose of Submitting to the Voters a Measure Relating to Increasing the City’s Transient Occupancy Tax; (3) Requesting the Board of Supervisors of the County of Los Angeles Render Specified Services Related to the Conduct of said Election; and (4) Authorizing the City Council and/or Certain Council Members to Submit Ballot Arguments and Rebuttals Regarding the Measure; and (5) (Four-Fifths Vote Requirement) Approving a Related Budget Amendment. ATTACHMENTS 1. Resolution declaring an emergency pursuant to Section XIII C of the California Constitution 1-2 2. Resolution Calling and Giving Notice of the Holding of a Special Municipal Election to be Consolidated with the Statewide General Election to be held on Tuesday, November 2, 2010; Submitting a Question Relating to the Increase of the Existing Transient Occupancy Tax 3-8 3. Resolution Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City of Culver City Relating to the Conduct of a Special Municipal Election to be Held in the City on Tuesday, November 2, 2010 9-11 4. Resolution Authorizing the City Council and/or Certain Council Members to Submit Arguments Regarding the Increase of the Transient Occupancy Tax 12-13 -1- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010- R_________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DECLARING AN EMERGENCY IN ACCORDANCE WITH ARTICLE XIII C OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIII C of the California Constitution provides in pertinent part: “…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. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body…” and, WHEREAS, for several years, and most recently during the budget process, staff has presented the City Council and community with information related to the City’s structural deficit and the lack of funding for significant deferred maintenance and other long-term liabilities; and, WHEREAS, the severe economic downturn currently being experienced and the significant impacts said downturn has necessitated for the current and foreseeable fiscal years (including, but not limited to, the recent reduction in workforce and significant cuts in operational and capital improvement budgets) demonstrate that the City is in the midst of a fiscal emergency. -2- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE, as follows: 1. That based upon the above recitals and other substantial information available as part of the public record, an emergency exists for the purposes described in California Constitution Section XIII C, Section 2(b). APPROVED and ADOPTED this ___ day of ____________, 2010. ________________________ CHRISTOPHER ARMENTA, MAYOR City of Culver City, California ATTEST APPROVED AS TO FORM ________________________ ________________________ MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney A10-00276 -1- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010- R_________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE TRANSIENT OCCUPANCY TAX WHEREAS, Section 1501 of the City Charter of the City of Culver City provides that the City Council may, at its discretion, call an election for any reason sanctioned by law at any time it deems necessary and that such election shall be known as a Special Municipal Election; and WHEREAS, the City Council has determined it wishes to submit to the voters at such Special Municipal Election a question relating to the Transient Occupancy Tax of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDERS AS FOLLOWS: SECTION 1. That pursuant to the requirements of the City Charter related to Special Municipal Elections, there is called and ordered to be held in the City of Culver City, California, on Tuesday, November 2, 2010, a Special Municipal Election. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at said Special Municipal Election the following question related to Transient Occupancy Tax: -2- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Measure 2010-___: To preserve funding of essential general city services including: public safety; street/park maintenance; senior services; job creation; business development; shall Culver City increase the existing Transient Occupancy Tax, (“hotel room tax”), charged only to persons who occupy hotel/motel rooms in Culver City, from 12% to 13% on July 1, 2011 and from 13% to 14% on July 1, 2012, with expenditures approved through general fund budgets adopted in open public hearings, subject to annual audits? YES _____ NO _____ SECTION 3. That the proposed complete text of the measure 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, directly or through consolidation with the County of Los Angeles (as such consolidation may be authorized by the City Council), 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 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, pursuant to Elections Code § 10242, except as provided in § 14401 of the Elections Code of the State of 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 special municipal elections. -3- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. SECTION 10. Pursuant to the City Charter, the City Clerk is empowered to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED, APPROVED and ADOPTED ON ________________, 2010. ________________________ CHRISTOPHER ARMENTA, MAYOR City of Culver City, California ATTEST APPROVED AS TO FORM ________________________ ________________________ MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney A10-00275 -1- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT “A” ORDINANCE NO. 2010-_____ AN ORDINANCE OF THE CITY OF CULVER CITY AMENDING SECTION 11.02.105 OF THE CULVER CITY MUNICIPAL CODE, TO INCREASE THE TRANSIENT OCCUPANCY TAX. THE PEOPLE OF THE CITY OF CULVER CITY DO ORDAIN AS FOLLOWS: SECTION 1: Section 11.02.105 of the Culver City Municipal Code is hereby amended effective July 1, 2011 and July 1, 2012, and it shall read as follows: Effective July 1, 2011: § 11.02.105 TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of thirteen percent (13%) 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, or if any amount paid is less than the full amount of the rent and tax accrued to the time of payment, a proportionate share of the tax shall be deemed to have been paid with each such payment or installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax is not paid to the operator of the hotel, the City Treasurer may require that such tax shall be paid directly to the City. / / / / / / / / / -2- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Effective July 1, 2012 § 11.02.105 TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of fourteen percent (14%) 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, or if any amount paid is less than the full amount of the rent and tax accrued to the time of payment, a proportionate share of the tax shall be deemed to have been paid with each such payment or installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax is not paid to the operator of the hotel, the City Treasurer may require that such tax shall be paid directly to the City. SECTION 2. Effective Date. These Sections shall become effective immediately upon the date that this Ordinance is confirmed and approved by the voters of Culver City at the Special Municipal Election of November 2, 2010. SECTION 3. Amendment or Repeal. Section 11.02.105 of the Culver City Municipal Code may be repealed or amended by the City Council without a vote of the people. However, as required by Article XIIIC of the California Constitution, voter approval is required for any amendment provision that would increase the rate of any tax levied pursuant to this Ordinance. SECTION 4. 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 portions of this -3- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance shall nonetheless remain in full force and effect. The people 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 5. 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 Culver City voting on the 2nd day of November, 2010. _________________________________ CHRISTOPHER ARMENTA, Mayor City of Culver City, California ATTEST: APPROVED AS TO FORM: ______________________ MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney A10-00278 -1- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010- R_________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Culver City called a Special Municipal Election to be held on November 2, 2010 for the purpose of submitting to the voters the question relating to the City’s Transient Occupancy Tax; and, WHEREAS, it is desirable that the special municipal election be consolidated with the statewide general election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDERS AS FOLLOWS: SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the statewide general election on Tuesday, November 2, 2010. SECTION 2. That a measure is to appear on the ballot as contained in Exhibit “A” hereof and summarized as follows: -2- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Measure 2010-___: To preserve funding of essential general city services including: public safety; street/park maintenance; senior services; job creation; business development; shall Culver City increase the existing Transient Occupancy Tax, (“hotel room tax”), charged only to persons who occupy hotel/motel rooms in Culver City, from 12% to 13% on July 1, 2011 and from 13% to 14% on July 1, 2012, with expenditures approved through general fund budgets adopted in open public hearings, subject to annual audits? YES _____ NO _____ SECTION 3. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Culver City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of any costs upon presentation of a duly submitted and accurate bill. SECTION 6. That the City Clerk is authorized to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles. -3- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7. 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 ON ________________, 2010. ________________________ CHRISTOPHER ARMENTA, MAYOR City of Culver City, California ATTEST APPROVED AS TO FORM ________________________ ________________________ MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney A10-00275 -1- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010- R_________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, AUTHORIZING THE CITY COUNCIL OR CERTAIN COUNCIL MEMBERS TO SUBMIT ARGUMENTS REGARDING THE INCREASE OF THE EXISTING TRANSIENT OCCUPANCY TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 2, 2010 SPECIAL MUNICIPAL ELECTION WHEREAS, a Special Municipal Election (“the Election”) is to be held in the City of Culver City on November 2, 2010, at which time there will be submitted to the voters the following question: Measure 2010-___: To preserve funding of essential general city services including: public safety; street/park maintenance; senior services; job creation; business development; shall Culver City increase the existing Transient Occupancy Tax, (“hotel room tax”), charged only to persons who occupy hotel/motel rooms in Culver City, from 12% to 13% on July 1, 2011 and from 13% to 14% on July 1, 2012, with expenditures approved through general fund budgets adopted in open public hearings, subject to annual audits? YES _____ NO _____ NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE, as follows: 1. That the City Council authorizes _______________ __________________________________________________________ to file (a) written argument(s) regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed -2- |101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by the Elections Official after which no arguments for or against the City measure may be submitted to the Elections Official. 2. The arguments shall be filed with the Elections Official, signed, with the printed name(s) and signature(s) of the author(s) submitting it. The arguments shall be accompanied by the Form of Statement To Be Filed by Author(s) of Argument. APPROVED and ADOPTED this ___ day of ____________, 2010. ________________________ CHRISTOPHER ARMENTA, MAYOR City of Culver City, California ATTEST APPROVED AS TO FORM ________________________ ________________________ MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney A10-00276