2002/08/06 City Council Resolution (3)RESOLUTION NO. 2002-_L75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK DIRECTING OF ROHNERT PARK A MEASURE QUALIFIED
ELECTORS OF THE CITY
APPROVING AN INCREASE IN THE TRANSIENT OCCUPANCY TAX
RATE COMMENCING DECEMBER 1, 2002
WHEREAS, pursuant to Election Code Section 9222, the City Council may submit
to the qualified electors of the City a ballot measure, without petition therefor, by
ordinance or resolution; and
WHEREAS, pursuant to Government Code Section 53723, the City Council
desires to submit to the qualified electors of the City at a November 5, 2002 general
municipal election a measure approving an ordinance (the Transient Occupancy Tax
Ordinance) (a copy of which is attached to this resolution) increasing the transient
occupancy tax, payable by persons staying in overnight lodgings in Rohnert Park from
10% to 12% as provided in Ordinance No. 685 attached to this Resolution as Exhibit A.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert
Park as follows:
Section 1. The City Council, pursuant to Government Code Section 53723
hereby orders that the following question be submitted to the qualified electors of the City
of Rohnert Park at a general municipal election to be held on November 5, 2002:
MEASURE ": INCREASE IN TRANSIENT OCCUPANCY TAX
"SHALL THE TRANSIENT OCCUPANCY
PARK BE PAID BY HOTEL
TO 12 °/D°
MOTEL GUESTS IN ROH NERT
COMMENCING ON DECEMBER 1, 2002?
Yes No
Section 2. The City Clerk is hereby directed to transmit a copy of the measure
set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis
of the measure in accordance with Section 9280 of the Elections Code.
Section 3. In the event that the Transient Occupancy Tax Ordinance is not
approved by a majority vote of the electors casting ballots in favor of the adoption of the
Utility Users Tax Ordinance on November 5, 2002, then the Transient Occupancy Tax
Ordinance shall have no force or effect and
Park tMunice al Code shall be 1 occupancy Tax
imposed by Chapter 3.24 of the Rohnert p
1
Section 4. Provided the imposition, levy and procedures for the administration
and collection of the general taxes as set forth in the Transient Occupancy Tax Ordinance
are approved by a majority vote of the electors casting ballots in favor of the Ordinance on
November 5, 2002, the operative date of the approval, imposition, levy and procedures for
the administration and collection of such taxes shall be December 1, 2003.
Section 5. The City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the County Election Department of the
County of Sonoma.
DULY AND REGULARLY ADOPTED by the Council of the City of Rohnert Park
this 6t" day of August, 2002.
A - -T- r" n�r. _ CITY
CITY OF RONNERT PARK
Mayor
MACKENZIE: AYE REILLY: ABSENT. VACANCY: N/A VIDAK- MARTINEZ: AYE FLORES: AYE
AYES: (3) NOES: (0) ABSENT: (1) ABSTAIN: (0)
K
ORDINANCE NO.685
An Urgency Ordinance of the City Council of the City of Rohnert Park
Increasing the Transient Occupancy Tag to
Twelve Percent (12%) of the Rent Charged by the Operator
SECTION ONE. Section 3.24.030 of the Rohnert Park Municipal Code is hereby amended
to read:
3.24.30 Tax imposed.
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a
tax in the amount of twelve 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 TWO. The change to the transient occupancy tax proposed in Section One of this
ordinance will be submitted for voter approval as a ballot measure at the general municipal
election held on November 5, 2002. Section One of this ordinance will not take effect unless
and until a majority for those persons voting, vote in favor of the ballot measure.
SECTION THREE: This ordinance shall take effect immediately upon its adoption as an
ordinance relating to an election and relating to taxes for the ordinary and usual expenses of
the City, pursuant to Gov't Code Section 36937. This ordinance shall become operative on
December 1, 2002, provided that prior to said date, the City Council of the City of Rohnert
Park has accepted the certified results of the November 5, 2002 election confirming that the
ballot measure approving the increase provided in Section One of this Ordinance, has been
approved by a majority vote of the electorate in accordance with California Constitution
article XIIIC, § 2(d).
DULY AND REGULARLY PASSED AND ADO following y the
ty. Council of the City
of Rohnert Park this 6 day of August, 2002 by t fg vote
AYES: Three (3) Councilmembers Mackenzie, Vidak-Martinez and Mayor Flores
NOES: None (0)
ABSENT: One (1) Councilmember Reilly
ABSTAIN: None (0) ��
VACANCY: One (1) ROHN TPMK
ATTEST: CITY OF ROHNERT PARK
v
Mayor Armando F. Flores
A proved as to form:
o�
Ci y Attorn y Betsy Strauss