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R-2020-053 TOT Ballot Measure November 2020 2020-06-026. RESOLUTION NO. R-2020-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE RELATING TO THE INCREASE OF THE TRANSIENT OCCUPANCY TAX FROM 10% TO 11% AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS THEREOF WHEREAS, the City Council of the City of Pismo Beach has by Resolution R-2020-050 called for a general municipal election to be held on November 3, 2020; and WHEREAS, for the privilege of transient occupancy in a hotel, Section 3.20.030 of the Pismo Beach Municipal Code imposes a tax of 10% of the rent charged for such occupancy; and WHEREAS, the City Council has the authority under Elections Code Section 9222 to place on the ballot a measure for the voters of the City of Pismo Beach to increase the tax rate set forth in Section 3.20.030 from 10% to 11 %; and WHEREAS, Section 2(b) of Article XIII C of the California Constitution requires that a measure proposing a general tax be submitted to the voters at an election consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, pursuant to California Constitution Article XIII C, Section 2(b) and Elections Code Section 10201, the City Council has determined to submit a measure to the voters to enact an ordinance increasing the transient occupancy tax rate from 10% to 11% at the City's next regular consolidated general municipal election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Election Code Section 9222, the proposed ballot proposition attached hereto in draft ordinance form as Exhibit A, and titled "PISMO BEACH PUBLIC SAFETY AND COMMUNITY SERVICES PROTECTION MEASURE", is hereby approved for placement on the ballot and submission to voters at the City's regular election scheduled for November 3, 2020. The question shall be posed as follows: PAGE 1 OF 4 R-2020-053 CITY OF PISMO BEACH MEASURE B-20 YES PISMO BEACH PUBLIC SAFETY AND COMMUNITY SERVICES PROTECTION MEASURE. To maintain police and firefighter service levels; reduce 911 emergency response times; protect local groundwater and beaches; and enhance senior programming and other essential services, shall the hotel/visitor tax be increased by 1 %, paid by visitors, generating approximately $1 million annually, until ended by NO voters, requiring annual audits and local control of funds? SECTION 2. City staff is directed to take all appropriate and necessary actions to cause the foregoing proposition to be placed on the ballot at the regular election of November 3, 2020. SECTION 3. Pursuant to Election Code Section 9280, the City Clerk is directed to transmit a copy of the measure to the City Attorney. The City Attorney is hereby directed to prepare and submit an impartial analysis explaining the effect of the measure on existing law and the operation of the measure. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution, and immediately transmit a certified copy of this resolution to the San Luis Obispo County Clerk -Recorder for inclusion on the November 3, 2020 ballot. UPON MOTION OF Council Member Reiss, seconded by Mayor Pro Tem Howell, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 2"d day of June 2020, by the following vote: AYES: 4 Reiss, Howell, Blake, Waage NOES: 0 ABSENT: 1 Guthrie ABSTAIN: 0 RECUSED: 0 Approved: Attest: e C_ Ed Waage, Mayor tEriee-1nder i d, CK Clerk PAGE 2OF4 VK01*11816 c3 Exhibit A MEASURE B-20 ORDINANCE NO. 0-2020-XXX AN ORDINANCE OF THE PEOPLE OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING SECTION 3.20.030 OF THE PISMO BEACH MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM 10 PERCENT TO 11 PERCENT The People of the City of Pismo Beach, California do ordain as follows: SECTION 1. Section 3.20.030 of the Pismo Beach Municipal Code is hereby amended to read as follows: 3.20.030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eleven percent 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, 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 tax administrator may require that such tax shall be paid directly to the tax administrator. SECTION 2. Notwithstanding Elections Code Section 9217, without a vote of the people, the City Council may further amend Section 3.20.030 of the Pismo Beach Municipal Code in a manner that does not impose, extend, or increase the amount of tax set forth in that section. SECTION 3. This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or E clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected. PAGE 3OF4 R-2020-053 Exhibit A SECTION 4. J Pursuant to California Constitution Article XIIIC, Section (2)(b) and Elections Code Section 9217, if a majority of the qualified voters voting in the election on Measure "B-20" vote in favor of the adoption of this ordinance, this ordinance shall be deemed valid and binding and shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten days thereafter. SECTION S. If passed by the voters, the City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach. PASSED AND ADOPTED by the People of the City of Pismo Beach this 3'd day of November 2020. Attest: Erica Inderlied, City Clerk PAGE 4 OF 4 R-2020-053