City of Culver City, California
Agenda Item Report
Meeting Date: 10/24/11 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Adoption of Resolutions (1) Calling for the Holding
of a General Municipal Election to be Held on Tuesday, April 10, 2012 for the
Election of Certain Officers as Required by the City Charter of the City of Culver
City and for Submission to the Voters a Question Relating to Increasing the City’s
Transient Occupancy Tax from 12% to 14%; (2) Requesting the Board of
Supervisors of the County of Los Angeles to Render Specified Services to the City
Related to the Conduct of said Election; and (3) Approving the Argument in Favor
of the Question and Authorizing the City Council and/or Certain Council Members
to Submit the Argument in Favor and Rebuttal Argument (if any) Regarding the
Question.
Contact Person/Dept.:
Martin R. Cole, Assistant City Manager
Ela Valladares, Deputy City Clerk
Phone Number:
(310) 253-6000
(310) 253-5851
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 (10/20/11)
Department Approval:
Martin R. Cole (10/19/11)
City Attorney Approval:
Carol Schwab (10/19/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/19/11)
City Manager Approval:
John M. Nachbar (10/20/11)
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt a Resolution calling for the holding of a General Municipal Election to be
held on Tuesday, April 10, 2012 for the election of certain officers as required by
the City Charter of the City of Culver City and for submission to the voters a
question relating to increasing the City’s Transient Occupancy (Hotel) Tax (TOT)
from the current 12% to 14%; and,
2. Adopt a Resolution requesting the Board of Supervisors of the County of Los
Angeles to render specified services to the City relating to the conduct of a
General Municipal Election; and,
3. Adopt a Resolution approving the argument in favor of the question and
authorizing the City Council and/or certain Council Members to submit arguments
and rebuttals regarding the ballot question.
City of Culver City, California
Agenda Item Report
BACKGROUND:
At the City Council meeting of July 25, 2011, the City Council considered (and
ultimately unanimously approved) a proposal to place before the voters an increase
in the City’s TOT from 12% to 14%.
On September 12, 2011, the City Council created and appointed two Council
Members (Mayor O’Leary and Vice Mayor Malsin) to the Ad-Hoc Subcommittee on
Drafting the Argument in Favor/Rebuttal to Argument Against a Measure (Question)
to Increase the City’s Transient Occupancy (Hotel) Tax. The Subcommittee has
prepared an Argument in Favor of the Measure for the City Council’s consideration
and approval.
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. Call for the holding of a General Municipal Election to be held on Tuesday, April
10, 2012 for the election of certain officers as required by the City Charter of the
City of Culver City and for submission to the voters of a question relating to
increasing the City’s Transient Occupancy (Hotel) Tax (TOT) from the current
12% to 14%; and,
2. Request the Board of Supervisors of the County of Los Angeles to render
specified services to the City relating to the conduct of a General Municipal
Election; and,
3. Approve the argument in favor of the question and authorize the City Council
and/or certain Council Members to submit arguments and rebuttals regarding the
ballot question.
DISCUSSION:
Calling of the General Municipal Election
Pursuant to Section 1500 of the City Charter, the General Municipal Election shall be
held on the second Tuesday of April in each even numbered year. In 2012, the date
of the General Municipal Election is Tuesday, April 10, 2012.
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 City of Culver City, California
Agenda Item Report
services to the city or district relating to the conduct of an election. Staff
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.
Consideration of the Ad-Hoc Subcommittee’s Argument in Favor of the Measure and
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.
The City Council has already created and appointed members to the Ad Hoc
Committee for the purposes of preparing the draft argument in favor of the measure
for the City Council’s consideration and potential approval. In the case the City
Clerk receives an argument against the proposed measure, the City Council may
wish to designate one or more of its members to prepare and submit a rebuttal
argument. 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.
Also, the City Council will wish to designate the City Council Member or Members
who are authorized to sign the argument (and rebuttal if necessary and desired).
Pursuant to the Elections Code, up to five signatures may appear on the sample
ballot. Therefore, the City Council may wish to designate each and every Council
Member to be authorized to sign the argument in favor. The proposed resolution
prepared for this evening’s meeting is written to authorize all five members to sign
the argument in favor and the rebuttal (a rebuttal argument would only be needed in
the case a primary argument against the measure is filed). If a rebuttal argument is
necessary, then staff recommends the Ad-Hoc Subcommittee be retained and
exercise its existing authority to write a draft rebuttal argument. Such rebuttal
argument (if necessary and desired) would be placed on the City Council agenda of
November 14 if City Council action is needed.
Section 9286(a) of the Elections Code provides, in pertinent part: City of Culver City, California
Agenda Item Report
“…the city elections official shall fix a date 14 days from the calling of
the election as a deadline, after which no arguments for or against any
city measure may be submitted…”
Section 9285(a)(4) provides, in pertinent part:
…A rebuttal argument relating to a city measure shall be filed with the
elections official no later than 10 days after the final filing date for
primary arguments…”
Should the City Council adopt the proposed resolutions this evening, the City Clerk
shall fix November 7, 2011 at 5:30 PM as the deadline for submission of arguments
for or against the measure (Primary Arguments). Primary Arguments 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 November 17, 2011 at 5:30 PM. All arguments must be
submitted to the City Clerk’s Office no later than the date and time announced in
order to be considered. Late filings are not accepted.
FISCAL ANALYSIS:
Sufficient funds have been allocated in the City Council Adopted Budget for Fiscal
Year 2011/2012.
ATTACHMENTS:
1. Proposed Resolution Calling for the Holding of a General Municipal Election to
be Held on Tuesday, April 10, 2012 for the Election of Certain Officers as Required
by the City Charter of the City of Culver City and for Submission to the Voters a
Question Relating to Increasing the City’s Transient Occupancy Tax from 12% to
14%;
2. Proposed Resolution Requesting the Board of Supervisors of the County of Los
Angeles to Render Specified Services to the City Related to the Conduct of said
Election
3. Proposed Resolution Approving the Argument in Favor of the Question and
Authorizing the City Council and/or Certain Council Members to Submit the
Argument in Favor and Rebuttal Argument (if any) Regarding the Question.
MOTION:
That the City Council: City of Culver City, California
Agenda Item Report
1. Adopt a Resolution calling for the holding of a General Municipal Election to be
held on Tuesday, April 10, 2012 for the election of certain officers as required by
the City Charter of the City of Culver City and for submission to the voters a
question relating to increasing the City’s Transient Occupancy (Hotel) Tax (TOT)
from the current 12% to 14%; and,
2. Adopt a Resolution requesting the Board of Supervisors of the County of Los
Angeles to render specified services to the City relating to the conduct of a
General Municipal Election; and,
3A.Adopt a Resolution approving the argument in favor of the question and
authorizing the City Council and/or certain Council Members to submit arguments
and rebuttals regarding the ballot question.
OR
3B. Designate a subset of Council Members (or others) as desired to submit and
sign the Primary Argument in Favor of the Question and a Rebuttal Argument (if
necessary and desired) and adopt the proposed resolution as amended
MEETING DATE: October 24, 2011
AGENDA ITEM: Adoption of Resolutions (1) Calling for the Holding of a
General Municipal Election to be Held on Tuesday, April 10, 2012 for the
Election of Certain Officers as Required by the City Charter of the City of
Culver City and for Submission to the Voters a Question Relating to
Increasing the City's Transient Occupancy Tax from 12% to 14%; (2)
Requesting the Board of Supervisors of the County of Los Angeles to
Render Specified Services to the City Related to the Conduct of said
Election; and (3) Approving the Argument in Favor of the Question and
Authorizing the City Council and/or Certain Council Members to Submit
the Argument in Favor and Rebuttal Argument (if any) Regarding the
Question.
ATTACHMENTS
Pages
1. Proposed Resolution Calling the Election 1-5
2. Proposed Resolution Requesting Services from the 6-7
County. of Los Angeles
3. Proposed Resolution Approving the Argument in Favor 8-10
of the Question 1
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RESOLUTION No. 2011- R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CALLING FOR THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, APRIL 10, 2012 FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE CITY CHARTER OF THE
CITY OF CULVER CITY AND FOR THE SUBMISSION TO THE
VOTERS A QUESTION RELATING TO INCREASING THE CITY'S
TRANSIENT OCCUPANCY TAX FROM 12% TO 14%
WHEREAS, Section 1500 of the City Charter of the City of Culver City
provides General Municipal Elections for the filling of all elective offices, other than the
Board of Education, shall be held in the City on the second Tuesday in April in each
even numbered year; and,
WHEREAS, in addition to three City Council seats, the City Council has
determined it wishes to submit to the voters at the General Municipal Election to be
held on Tuesday, April 10, 2012 a question relating to the increase of the Transient
Occupancy Tax of the City from 12% to 14%.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER
CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the City Charter
related to General Municipal Elections, there is called and ordered to be held in
the City of Culver City, California, on Tuesday, April 10, 2012, a General
Municipal Election for the purposes of electing three (3) Members of the City
Council for the full term of four (4) years.
SECTION 2. That the City Council, pursuant to its right and
authority, does order submitted to the voters at said General Municipal Election
the following question related to Transient Occupancy Tax: 1
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Measure X:
To preserve funding of essential general city services YES
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 14% on July 1, 2012, with
NO
expenditures approved through general fund budgets
adopted in open public hearings, subject to annual audits?
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, as the City Elections Official as
designated in Section 1502 of the City Charter, is authorized 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. (7:00 A.M.) of the day of the election and shall remain open
continuously from that time until eight o'clock p.m. (8:00 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. Pursuant to Elections Code Section 12310, a stipend
for services for the persons named as precinct board members is hereby fixed at
the sum of one hundred dollars ($100,00) for each inspector and eighty dollars
($80.00) for each clerk for the election. In addition, the sum of twenty-five dollars
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I ($25.00) will be given to each precinct board member to attend a training class.
The rental of each polling place shall be the sum of twenty-five dollars ($25.00)
for the election. When required, the compensation of the custodian of a building
shall be twenty-five dollars ($25.00) for the election.
SECTION 8. That in all particulars not recited in this resolution, the
election shall be held and conducted as provided by law for holding General
Municipal Elections.
SECTION 9. That notice of the time and place of holding the
election is hereby given and the City Clerk, pursuant to the City Charter, is
authorized to give further or additional notice of the election, in time, form and
manner as required by law.
SECTION 10. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 11. 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 , 2011.
MICHEAL O'LEARY, MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
A10-00277 1
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EXHIBIT "A"
ORDINANCE NO. 2012-
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, 2012, and it shall read as follows:
§ 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 General Municipal Election of April 10, 2012.
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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
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 10th day of April,
2012.
Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
A10-00278
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RESOLUTION NO. 2011- 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
RENDER SPECIFIED SERVICES TO THE CITY RELATING TO
THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, APRIL 10, 2012.
WHEREAS, pursuant to Section 1500 of the City Charter of the City of
Culver City, the City Council has called a General Municipal Election to be held on April
10, 2012 for the purpose of electing certain officers and submitting to the voters a
question relating to the City's Transient Occupancy Tax; and,
WHEREAS, in the course of conduct of the election it is necessary for the
City to request services of the County; and,
WHEREAS, all necessary expenses in performing these services shall be
paid by the City of Culver City; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER
CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the provisions of Section 10002 of
the Elections Code of the State of California, this City Council requests the Board
of Supervisors of the County to permit the County Election Department to
prepare and furnish the following for use in conducting the election:
A. A listing of County precincts with number of registered voters in each,
so City may consolidate election precincts into City voting precincts, and maps of
the voting precincts
.B. A list of polling places and poll workers the City uses for their election
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C. The computer record of the names and addresses of all eligible
registered voters in the City in order that the City's consultant may:
1. Produce labels for vote-by-mail voters;
2. Produce labels for Sample Ballot pamphlets
3. Print Rosters of Voters and Street Indexes
D. Voter signature verification services as needed
E. Make available to the City election equipment and assistance as
needed according to State law.
SECTION 2. That the City of Culver City recognizes that additional
costs will be incurred by the County by reason of this request and agrees to
reimburse the County for any costs for such services when the work is completed
and upon presentation of a properly approved bill.
SECTION 3. 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.
SECTION 4. 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 , 2011.
MIC HEAL O'LEARY, MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
Al 0-0027
Cri)
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RESOLUTION No. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN ARGUMENT IN
FAVOR OF A QUESTION RELATED TO THE CITY'S TRANSIENT
OCCUPANCY TAX AND AUTHORIZING THE CITY COUNCIL OR
CERTAIN COUNCIL MEMBERS TO SUBMIT ARGUMENTS
(BOTH INITIAL AND REBUTTAL IF NECESSARY) REGARDING
THE INCREASE OF THE EXISTING TRANSIENT OCCUPANCY
TAX MEASURE ON THE BALLOT FOR THE APRIL 10, 2012
GENERAL MUNICIPAL ELECTION
WHEREAS, a General Municipal Election (Election) is to be held in the
City of Culver City on April 10, 2012, at which time there will be submitted to the voters
the following question:
Measure X
To preserve funding of essential general city services YES
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 14% on July 1, 2012, with
expenditures approved through general fund budgets NO
adopted in open public hearings, subject to annual audits?
NOW, THEREFORE, the City Council of the City of Culver City,
California, DOES HEREBY RESOLVE, as follows:
1. The Argument in Favor of said Measure X attached hereto as
Exhibit "A" is hereby approved; and,
2. That the City Council hereby authorizes Mayor Micheal O'Leary,
Vice Mayor D. Scott Malsin, and Council Members Christopher Armenta, Jeffrey
Cooper, and Andrew Weissman to file a written arguments regarding the City
measure as specified above, accompanied by the printed name(s) and 1
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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 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 the arguments.
APPROVED and ADOPTED this day of , 2011.
MIC HEAL O'LEARY, MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
Al 0-00276 Exhibit "A"
Resolution 2011 — R
Measure X provides funds for important City services at no cost to Culver City residents.
Culver City's Transient Occupancy Tax (TOT), commonly called the "hotel tax," is paid
by visitors who rent hotel rooms in our community. Our current TOT is 12%. This
measure would increase the TOT to 14%, on par with Santa Monica and Beverly Hills
and below the 15.5% rate in the City of Los Angeles. Our hotels will remain competitive.
The TOT is used to offset the cost of city services used by visitors. While costs have
increased, Culver City's TOT has not been increased since 1989. Along with reductions
in our workforce and negotiated reductions in employee benefits, an increase in our
TOT is part of the City's overall strategy for long-term fiscal sustainability.
It is estimated that this 2% increase — just a few dollars on an average hotel bill — will
generate $550,000 during the next fiscal year to help pay for services such as police,
fire, paramedics, parks and recreation, environmental protection and after-school
programs.
Unlike other sources of revenue, this local tax can't be taken away by the State to solve
its budget problems. The proceeds will stay right here in Culver City.
Please join us in voting YES on Measure X.
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