R115011
City Council Meeting: February 28, 2023 Santa Monica, California
RESOLUTION NUMBER 11501 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING A TRANSIENT OCCUPANCY
TAX ADVISORY COMMITTEE
WHEREAS, on February 8, 2022, the City Council of the City of Santa Monica (the
“City Council”) directed staff to review the feasibility, timing, and structure of potential
revenue measures including an increase to the City’s Transient Occupancy Tax (“TOT”);
and
WHEREAS, the City’s TOT is contained in Chapter 6.68 of the Santa Monica
Municipal Code; and
WHEREAS, staff engaged a consultant to complete a survey of Santa Monica
voters to determine the viability of different tax measures and the community’s spending
priorities on additional tax revenue; and
WHEREAS, at the May 24, 2022 Budget Study Session, the City Council directed
staff to move forward with a tax measure to increase the City’s TOT; and
WHEREAS, on June 28, 2022, the City Council adopted Resolution Number 11430
(CCS) by unanimous vote to place a measure, which would be later known as Measure
CS, on the November 8, 2022 ballot to increase the City’s TOT; and
WHEREAS, the June 28, 2022 staff report recommending that the TOT measure
be placed on the ballot identified community priorities from the revenue measure poll,
including expansion of services in the areas of homelessness and public safety; and
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WHEREAS, Measure CS proposed to increase the City’s TOT rate from 14% to
15% for hotels and motels and to 17% for home-shares; and
WHEREAS, Measure CS is estimated to bring in an additional $4,100,000 in
annual revenue to the City (“Additional TOT Revenue”); and
WHEREAS, the ballot question for Measure CS asked voters whether the City’s
TOT should be increased to “address homelessness, improve 911 emergency response
times and neighborhood police protection, make public areas safer and cleaner, including
streets, sidewalks, parks, and the beach, and provide other vital City services,” and
WHEREAS, a majority of Santa Monica voters voted in favor Measure CS at the
November 8, 2022 General Election; and
WHEREAS, Measure CS states that the “City Council shall, no later than February
28, 2023, establish by resolution an advisory committee that will make non -binding
recommendations as to the expenditure of additional funds raised by increasing the [TOT]
above 14%;” and
WHEREAS, Santa Monica Travel and Tourism (“SMTT”) is a private, non-profit
corporation formed in 1982 and funded by the City’s general fund and the Tourism
Marketing District assessment; and
WHEREAS, SMTT’s purpose is to promote Santa Monica as a conference,
business, and leisure travel destination and acts as a marketing representative for local
businesses and the community as a whole; and
WHEREAS, the City Council now desires to establish a TOT Advisory Committee
as required by Measure CS to provide non-binding recommendations on the City’s usage
of the Additional TOT Revenue.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica hereby establishes a
TOT Advisory Committee to provide non-binding recommendations on the Additional TOT
Revenue.
SECTION 2. Composition. The TOT Advisory Committee shall consist of five
members who shall be appointed by the City Council through a public process . The five
members of the TOT Advisory Committee shall include: (a) two members who are Santa
Monica residents; (b) two members or representatives of the local hospitality businesses;
and (c) and one member representing the homeless behavioral health services
community. SMTT is authorized to provide the City Council with two non-binding
recommendations for the two members or representatives from the local hospitality
business for the City Council’s consideration.
SECTION 3. Open Meeting Laws. TOT Advisory Committee meetings shall be
held in compliance with the State’s Open Meeting Laws. Notice of meetings, including
adjournment, shall also be given in accordance with the provisions of the Ralph M. Brown
Act, California Government Code section 54950 et seq. (the “Brown Act”). In the event of
a conflict between the provisions of the Brown Act or any other law and any provision of
these Rules of Conduct, the Brown Act, or other law, shall prevail. The noticing provisions
shall further be subject to any amendments of the Brown Act.
SECTION 4. Quorum. A majority of TOT Advisory Committee members shall
constitute a quorum for the transaction of business, except to adjourn. The City Manager,
or designee, shall attend all TOT Advisory Committee meetings.
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SECTION 5. Officers Powers and Duties. At the first regular meeting of each
calendar year, the TOT Advisory Committee shall elect a Chair and a Vice-Chair for a
one-year term. Until new officers are elected, the outgoing officers shall continue to serve,
when a quorum is needed and no officers are available. The Chair shall be the Presiding
Officer at all meetings. In the absence of the Chair, the Vice Chair shall preside. In the
absence of both the Chair and Vice Chair, the City Clerk or designee shall call the TOT
Advisory Committee members present to serve until the arrival of the Chair or Vice Chair
or until adjournment. Meeting agendas shall be prepared by the Chair in con sultation with
the City Manager or designee.
SECTION 6. Conduct of Meetings. Except as otherwise provided, the TOT
Advisory Committee shall adopt bylaws that substantially follow the City’s Template
Bylaws attached to Resolution Number 11337 (CCS), as amended from time to time. A
copy of Resolution Number 11337 is attached hereto as Exhibit A and incorporated herein
by reference.
SECTION 7. Regular Meetings. Regular meetings of the TOT Advisory Committee
shall be held at least annually between February and May, at such locations, and at such
times as may be fixed by the TOT Advisory Committee.
SECTION 8. Duties and Responsibilities. The duties and responsibilities of the
TOT Advisory Committee include, but are not limited to:
(a) Proposing, considering, reviewing, and evaluating proposals for potential
expenditures of the Additional TOT Revenue; and
(b) Comparing competing proposals for expenditures of the Additional TOT
Revenue; and
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(c) Determining what potential expenditures of the Additional TOT Revenue
should be recommended to the City Manager as part of the budget adoption
process; and
(d) Providing the City Manager with TOT Advisory Committee’s non-binding
recommendations as to the Additional TOT Revenue.
SECTION 9. 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:
_________________________
Douglas Sloan
City Attorney
EXHIBIT A – Resolution 11337
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Adopted and approved this 28th day of February 2023.
__________________________
Gleam Davis, Mayor
I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11501 (CCS) was duly adopted at a meeting
of the Santa Monica City Council held on the 28th day of February 2023, by the
following vote:
AYES: Councilmembers Brock, de la Torre, Parra, Torosis, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Nikima Newsome, Assistant City Clerk
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