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HomeMy WebLinkAbout0 SPECIAL MEETING AGENDACITY OF TUSTIN SPECIAL MEETING DECEMBER 2, 2014 OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Charles E. "Chuck" Puckett, Mayor Pro Tern Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Dr. Allan Bernstein, Councilmember Pamela Arends -King, City Treasurer SPECIAL MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER ORAL COMMUNICATION /PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. DECLARING RESULTS OF NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION On November 4, 2014, the City's General Municipal Election was held to elect two Members of the City Council and to cast ballots regarding Measure HH (Shall an ordinance amending the Tustin Municipal Code to increase the Uniform Transient Occupancy Tax from 6% to 10% and to clarify the scope and manner in which the Uniform Transient Occupancy Tax applies be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and parks and recreation services?). The Orange County Registrar of Voters has certified the results of that election. Recommendation: Adopt Resolution No. 14 -79 declaring the results and other such matters as provided by law for the November 4, 2014 General Municipal Election. RESOLUTION NO. 14 -79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, AND OTHER SUCH MATTERS AS PROVIDED BY LAW Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the meeting are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. INITIATIVE ORDINANCE NO. 1453 AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 2702 AND 2703 OF CHAPTER 7 OF ARTICLE 2 OF THE TUSTIN CITY CODE CONCERNING THE UNIFORM TRANSIENT OCCUPANCY TAX OATHS OF OFFICE Administer Oath of Office to Al Murray Administer Oath of Office to Rebecca "Beckie" Gomez ADJOURNMENT City Council December 2, 2014 Special Meeting Agenda Page 2 of 2 • Agenda Item SP1 01r,0 Reviewed: AGENDA REPORT City Manager a 1y S Finance Director N A MEETING DATE: DECEMBER 2, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. RABE, CITY CLERK SERVICES SUPERVISOR SUBJECT: DECLARING RESULTS OF NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION SUMMARY: On November 4, 2014, the City's General Municipal Election was held to elect two Members of the City Council and to cast ballots regarding Measure HH (Shall an ordinance amending the Tustin Municipal Code to increase the Uniform Transient Occupancy Tax from 6% to 10% and to clarify the scope and manner in which the Uniform Transient Occupancy Tax applies be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and parks and recreation services?),The Orange County Registrar of Voters has certified the results of that election. RECOMMENDATION: Adopt Resolution No. 14-79 declaring the results and other such matters as provided by law for the November 4, 2014 General Municipal Election. FISCAL IMPACT: None. BACKGROUND: The General Municipal Election for the City of Tustin was held on Tuesday, November 4, 2014 to elect two Members of the City Council for full terms of four years and to cast ballots regarding Measure HH. The returns of the election have been canvassed and certified by the Orange County Registrar of Voters. Agenda Report December 2, 2014 Page 2 The ballots cast for Member of the City Council with full term of four years are as follows: • Al Murray: 7,577 • Rebecca "Beckie" Gomez: 6,327 The ballots cast for Measure HH (Initiative Ordinance) are as follows: • Yes: 5,724 • No: 5,102 The Initiative Ordinance will take effect ten days after Resolution No. 14 -79 is adopted. Erica N. abe City Clerk Services Supervisor Attachment 1: Resolution No. 14 -79, Declaring the Results of the General Municipal Election Held on November 4, 2014 o Exhibit A: Certificate of Registrar of Voters to Result of the Canvass of the General Election Returns Attachment 2: Initiative Ordinance (Measure HH) Attachment 1 Resolution No. 14 -79, Declaring the Results of the General Municipal Election Held on November 4, 2014 • Exhibit A: Certificate of Registrar of Voters to Result of the Canvass of the General Election Returns RESOLUTION NO. 14 -79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, AND OTHER SUCH MATTERS AS PROVIDED BY LAW WHEREAS, the City's General Municipal Election was consolidated with the Statewide General Election held and conducted in the City of Tustin, California, on Tuesday, November 4, 2014, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to the City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts, excluding vote - by -mail ballots, was 4,870; the whole number of vote -by -mail ballots cast in the City was 6,842 making a total of 11,712 ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: Al Murray Rebecca "Beckie" Gomez SECTION 3. The measure voted upon at the election is as follows: Shall an ordinance amending the Tustin Municipal Code to increase the Uniform Transient Occupancy Tax from 6% YES to 10% and to clarify the scope and manner in which the Uniform Transient Occupancy Tax applies be adopted to help preserve general City services such as police and fire NO protection, street operations and maintenance, and parks and recreation services? Resolution 14 -79 Page 1 of 3 SECTION 4. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are listed in "Exhibit A" attached. SECTION 5. The City Council does declare and determine that: Al Murray and Rebecca "Beckie" Gomez were elected as Members of the City Council for the full term of four years. SECTION 6. As a result of the election, a majority of the voters voting on the measure relating to an increase in the Uniform Transient Occupancy Tax did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified. SECTION 7. That the City Clerk shall enter on the records of the City Council of the City of Tustin a statement of the result of the election showing: (1) The whole number of votes (ballots) case in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against the measure; and (6) The total number of votes given to each person, and for and against the measure. SECTION 8. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; the City Clerk or authorized person shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Resolution 14 -79 Page 2 of 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 2nd day of December, 2014. ELWYN A. MURRAY, Mayor JEFFREY C. PARKER, City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 14 -79 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the god day of December, 2014 by the following vote: COUNCILMEMBERS AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSTAINED: COUNCILMEMBERS ABSENT: JEFFREY C. PARKER, City Clerk Resolution 14 -79 Page 3 of 3 EXHIBIT A CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) I, Neal Kelley, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated with the General Election held on November 4, 2014. CITY OF TUSTIN MEMBER OF THE CITY COUNCIL AL MURRAY 7,577 REBECCA "BECKIE" GOMEZ 6,327 MEASURE HH YES 5,724 NO 5,102 PRECINCT BALLOTS CAST: 4,870 VOTE -BY -MAIL BALLOTS CAST: 6,842 TOTAL BALLOTS CAST: 11.712 I hereby certify that the number of votes cast for each candidate and measure is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 18th day of November, 2014. NE LLEY Re rar of Voters 00f County Attachment 2 Initiative Ordinance (Measure HH) INITIATIVE ORDINANCE NO. 1453 AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 2702 AND 2703 OF CHAPTER 7 OF ARTICLE 2 OF THE TUSTIN CITY CODE CONCERNING THE UNIFORM TRANSIENT OCCUPANCY TAX The People of the City of Tustin hereby ordain as follows: SECTION 1. The People of the City of Tustin find and determine as follows: A. That the Uniform Transient Occupancy Tax was adopted by the City Council in 1978 and has remained unchanged at 6% since that time. B. That Tustin's Uniform Transient Occupancy Tax is the lowest of any city in Orange County that has such a tax and that twenty Orange County cities have a tax of at least 10% and as much as 15 %. C. That changes in circumstances since 1978 require clarifying language in the Uniform Transient Occupancy Tax ordinance. SECTION 2. Code Amendment. Section 2702 of Chapter 7 of Article 2 is hereby amended to add or amend the following definitions to read in their entirety as follows: 2702 DEFINITIONS Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter. "Block Reservation" means an arrangement whereby a person reserves, whether on an exclusive or non - exclusive basis, a room or block/group of rooms for a defined period of time under a written or oral agreement with an operator, intending for such for such room(s) to be occupied by that person's employees or agents on an intermittent, periodic or "as needed" basis during that defined period of time. A Block Reservation arrangement shall not constitute a Qualifying Rental Agreement. "Person" — the term person shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. "Hotel" — the term hotel shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients Initiative Ordinance No. 1453 Page 1 of 4 for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, hostel, bed and breakfast, time -share project rental unit, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. "Occupancy" — the term occupancy shall mean the use or possession, or the right to use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. "Transient" — the term transient shall mean any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying or entitled to occupy space in a hotel shall be deemed to be a transient until the period of thirty (30) consecutive and uninterrupted days of occupancy has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. Any break of interruption in occupancy shall start a new thirty (30) day period subject to the tax. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered. In the case of a block reservation, a person's employee or agent shall be deemed a transient if that employee or agent exercises or is entitled to occupancy of a room for a period of thirty (30) consecutive calendar days or less, regardless of the duration of any block reservation agreement. By way of example, if a corporation enters into a one -year block reservation agreement with an operator and one of the corporation's employees occupies a room for thirty (30) calendar days, the employee shall be deemed a transient whose occupancy is subject to the tax, notwithstanding the fact that the block reservation agreement has a duration longer than thirty (30) calendar days. "Rent" — the term rent shall mean the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. "Operator" — the term operator shall mean the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, time -share project owner's association licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this Initiative Ordinance No. 1453 Page 2 of 4 chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. "Time -Share Project" means a structure or real property (including airspace) in which either a time -share estate or a time -share use (as those terms are defined in Section 11212 of the Business and Professions Code) and any similar form of ownership involving a right in perpetuity, for life, or for a term of years, to occupy any room, place or area has been sold. SECTION 3. Code Amendment. Section 2703 of Chapter 7 of Article 2 is hereby amended to read in its entirety as follows: 2703 TAX IMPOSED For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent (10 %) of the rent charged by the operator. The tax constitutes a debt owned 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 City Treasurer may require that such tax shall be paid directly to the City Treasurer. ELWYN A. MURRAY, Mayor ATTEST: JEFFREY C. PARKER, City Clerk Initiative Ordinance No. 1453 Page 3 of 4 APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1453 I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that at the special meeting held on December 2, 2014, the City Council adopted Resolution No. 14 -79 declaring the results of the General Municipal Election held on November 4, 2014. The ballots cast for Initiative Ordinance No. 1453 (Measure HH) are as follows: • Yes: 5,724 • No: 5,102 This Ordinance will take effect in ten days. JEFFREY C. PARKER, City Clerk Initiative Ordinance No. 1453 Page 4 of 4