R-9965
F:\ATTY\MUNI\LAWS\JL\TOTballot res.doc
City Council Meeting 8-3-04
Santa Monica, California
RESOLUTION NUMBER 9965 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS
ONE MEASURE AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 2,2004,
AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR
OR AGAINST THE PROPOSITION AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, on June 15, 2004, the City Council adopted a Resolution calling for and
giving notice of a General Municipal Election on November 2, 2004; and
WHEREAS, California Elections Code Section 9222 authorizes the governing body
of a charter city to place propositions on the ballot; and
WHEREAS, the City Council of the City of Santa Monica wishes to place the
following proposition on the ballot at the General Municipal Election to be held on
November 2, 2004,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. A General Municipal Election shall be called for November 2, 2004,
for the purpose, among other things, of submitting one proposition to the voters.
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SECTION 2. At the General Municipal Election called for November 2, 2004, the
following proposition shall be submitted to the qualified electors of the City of Santa
Monica:
PROPOSITION" ". Shall the Transient Occupancy Tax
(TOT) applied to hotel bills and paid by hotel guests only, be Yes
increased from 12 percent to 14 percent to bring it in line
with TOT rates of neighboring communities and to generate
an estimated additional $3.5 million annually to the City's
General Fund for general city purposes including police, fire,
libraries, parks and recreation, environmental protection, No
afterschool programs and community-use payments to the
school district?
SECTION 3. The City Clerk shall transmit to the City Attorney, in accordance with
Elections Code Section 9280, a copy of the foregoing measure. The City Attorney shall
prepare an impartial analysis of it, which analysis shall not exceed 500 words in length
each. The impartial analysis shall be filed by the date set by the City Clerk for the filing of
primary arguments. In accordance with Elections Code Section 9295, not less than 10
calendar days before the City Clerk submits the official election materials for printing, the
City Clerk shall make a copy of all applicable elections materials available for public
examination in the City Clerk's office.
SECTION 4. The City Council authorizes its members, as follows, to file written
arguments for oragainst the measure described above and which is contained in Exhibit 1
to this Resolution, which Exhibit is incorporated by reference herein:
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FOR:
AGAI NST:
All written arguments filed by any person in favor of or against any measure,
including any rebuttal arguments, shall be accompanied by the names and signatures of
the persons submitting the argument as required by applicable law, and any names,
signatures and arguments may be filed until the time and date fixed by the City Clerk, after
which no change may be submitted to the City Clerk unless permitted by law.
SECTION 5. The City Clerk shall cause the text of the measure, which is contained
in Exhibit 1, together with the City Attorney impartial analysis, and any arguments for or
against the measure, as well as any rebuttal, to be mailed to all qualified voters with the
sample ballot. In addition to other notices and publications required by law, the City Clerk,
not less than forty (40) days and not more than sixty (60) days before the General
Municipal Election, shall cause the text of the measure to be published once in the official
newspaper and in each edition thereof during the day of publication. The City Clerk is
authorized to give such notices and to fix such times and dates as are required by law or
which are appropriate to conduct properly the election.
SECTION 6. The provisions of Resolution Number 9942 (CCS) are referred to for
more particulars concerning the General Municipal Election to be held on November 2,
2004 and in all respects the election shall be held and conducted as provided for by
applicable law. The City Clerk is authorized and directed to procure and furnish any official
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ballots, notices, printed materials and all supplies or equipment that may be necessary in
order to properly and lawfully conduct the election.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
MW
RIE
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EXHIBIT 1
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Santa Municipal Code Section 6.68.020 is amended to read as follows:
6.68.020 Tax.
On and after the effective date of this ordinance, there
is hereby imposed and levied on each and every transient a
tax equivalent to fourteen percent (14%) of the total amount
paid for room rental by or for any such transient to any hotel;
which said tax shall be collected from such transient at the
time and in the manner hereinafter provided. Said tax is levied
for revenue purposes and is necessary for the usual financial
operation of the City of Santa Monica.
Santa Monica Municipal Code Section 6.68.030 is deleted.
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Adopted and approved this 3rd day of August, 2004.
~~MaYOr
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 9965 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 3rd day of August, 2004, by the
following vote:
Ayes:
Council members: Mayor Bloom, Mayor Pro Tem McKeown,
Genser, Holbrook, Katz, Feinstein
Noes:
Councilmembeffi: None
Abstain:
Councilmembeffi: None
Absent:
Council members: O'Connor
ATTEST:
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Maria M. Stewa ,City Clerk
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