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HomeMy WebLinkAbout8/7/2002 - STAFF REPORTS (8) DATE: August 7, 2002 TO: City Council FROM: City Clerk 2002 SPECIAL MUNICIPAL ELECTION — BALLOT MEASURES RECOMMENDATION: That the Council consider calling a Special Municipal Election to be consolidated with the General State Election to be held Tuesday, November 5, 2002, to place four Charter Amendments concerning Council vacancies, Board & Commission appointments, Parking and Term limits; and two measures concerning the Utility User Tax and Transient Occupancy Tax. BACKGROUND: The attached resolutions provide for the call of the special election to consolidate with the General State Election for various measures. The first resolution would place, two City Council initiated measures, a question seeking voter approval of a Charter Amendment concerning the filling of Council Vacancies using the election results within a 90-day time frame; a question seeking voter approval of a Charter Amendment concerning the appointment of Board Members and Commissioners; and two Citizen initiated measures, a question seeking voter approval of a Charter Amendment concerning Term Limits; a question seeking voter approval of a Charter Amendment concerning Parking, on the ballot. The second resolution would place two Citizen initiated measures, a question seeking voter approval concerning rescinding the Utility User Tax at a rate of 5%; and a question concerning the collection and use of Transient Occupancy Tax on the ballot. The City Council has the option of authorizing any or all of its members to file written arguments in favor or against the measures. Resolutions are attached regarding all the measures. If the resolutions are not adopted prior to the date set for the filing of the arguments (mid-August), then a member of the Council could only Q sign a argument �ass an individual, not as a Councilmember. PATRICIA A. SANDERS J City Clerk APPROVED City Manager � Resolutions (5) Shall the City Charter be amended so that if a vacancy occurs on the City Council 90 days before or after `a City Council election, the City Council must appoint the lt1/h-L�rjCr-d highest vote getter in that election to the open seat? Shall the City Charter be amended to � � i ; � F l� "e C—Igr-s RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO CONSOLIDATED WITH THE GENERAL STATE ELECTION TO BE HELD ON NOVEMBER 5, 2002 FOR THE SUBMISSION TO THE VOTERS OF TWO CHARTER AMENDMENTS (CITIZEN PETITION INITIATIVES) RELATING TO TERM LIMITS AND PARKING; AND TWO CHARTER AMENDMENTS (COUNCIL INITIATIVES) RELATING TO COUNCIL VACANCIES AND THE BOARD AND COMMISSION APPOINTMENT PROCESS WHEREAS a regular General State Election shall be held on Tuesday, November 5, 2002; and WHEREAS initiative petitions proposing a charter amendments concerning Term Limits and Parking Issues was submitted to the City Clerk on July 19, 2002; and WHEREAS council initiatives proposing charter amendments concerning Council Vacancies and Board & Commission appointments were designated; and WHEREAS, the City Council has determined to place said matters before the qualified voters of the City of Palm Springs; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be consolidated with the general state election to be held November 5, 2002, for the purpose of submitting to the qualified electors of said City, the following measures, to wit: MEASURE Language to be provided by City Attorney MEASURE Language to be provided by City Attorney MEASURE Language to be provided by City Attorney MEASURE Language to be provided by City Attorney Section 2. That the proposed measures submitted to the voters are attached as Exhibit A, B, C and D. Res. No. Page 3 Section 3. That 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 California Elections Code. Section 4. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of said Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event a measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. Section 5. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. Section 6. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside of other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Section 7. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 8. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 10. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 11. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held in said City is hereby ordered to be made by the City Clerk. Res. No. Page 3 Section 12. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council by December 3, 2002. ADOPTED this_day of 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED: 8C3 BALLOT QUESTION Language to be provided by City Attorney EXHIBIT A Section 206 of the Charter of the City of Palm Springs is added as follows: Section 206. Parking. (a) There shall be no charge for parking in any pubic parking station, public parking lot or public parking structure or upon any public right-of-way within the legal boundaries of the City of Palm Springs. (b) No parking space in a public parking station, public parking lot or public parking structure shall be metered. (c) No parking space upon any pubic right-of-way shall be metered. (d) There shall be no marked or signed parking spaces for the exclusive or reserved use for customers or employees in any pubic parking station, public parking lot or public parking structure with the exception of spaces required for the handicapped. (e) Businesses which provide valet parking must also allow for customers to park their own cars without charge. There shall be an adequate number of sparking spaces for customers wishing to self-park. Signs shall be placed in the parking lot directing customers to self-park and valet-parking areas. (f) A valet or operator with a permit may charge the owner or driver, of a motor vehicle which it accepts for valet parking, a reasonable fee for its parking services other than charging for the parking space, provided that the business owner served by the valet has agreed in writing that fees may be charged of such owners and drivers. (g) There shall be no charge for any valet parking permit. (h) There shall be no in-lieu parking fee assessed or collected against any person or business. (i) No person, including the City, shall assess or collect any tax, fee or other monetary charge for parking in any public parking space. Q) No parking space in a public parking station, public parking lot or public parking structure shall be designated as time restricted for any amount of time. (k) No legal parking space upon any public right-of-way shall be designed as time restricted for any amount of time less than 24 hours. (1) Notwithstanding any other provision of this section, all public parking offered upon, adjacent to, or in connection with, the Palm Springs International Airport shall be exempt from all provision of this section. (Text of Measure submitted by initiative petition) . BALLOT QUESTION Language to be provided by City Attorney EXHIBIT B Section 303.5 of the Charter of the City of Palm Springs is added as follows: Section 303.5. Term Limits. (a) No person shall be elected to the same pubic office more than twice. (b) No person who has held a public office, or acted as a public officer, for more than two years of a term to which some other person was elected, shall be elected to that public office more than once. (c) No person shall be appointed to the same public office more than twice. (d) No person who has held a pubic office, or acted as a public officer, for more than two years of a term to which some other person was appointed shall be appointed to that public office more than once (e) No person shall serve, whether elected or appointed, more than a total of ten years in the same public office. (f) This act shall not prevent any elected or appointed person who may be currently holding a public office or currently acting as a public officer, during the term within which this act becomes operative, from holding that public office or acting as the pubic officer during the remainder of such current term, but upon expiration of the public officers' current term, shall effect the future ability of that current public officer from holding, or acting as, a public officer in that same public office. (g) "Public Office" includes, but is not limited to, any public office, including any public agency, authority, board, bureau, commission, committee, council or district, within the City of Palm Springs, and shall specifically include, but shall not be limited to, the Airport Commission, Administrative Appeals Board, Board of Appeals, Community Redevelopment Agency, Historic Site Preservation Board, Human Rights Commission, Library Board, Parks and Recreation Commission, Personnel Board, Planning Commission, Public Arts Commission, Rent Review Commission, VillageFest Board and the Board of Library Trustees. (h) "Public Officer: includes, but it not limited to, any person elected or appointed to any public office, including any public agency, authority, board, bureau, commission, committee, council or district, within the City of Palm Springs. (Text of Measure submitted by initiative petition) RESOLUTION NO OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2002 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, MEASURES CONCERNING THE UTILITY USER TAX AND TRANSIENT OCCUPANCY TAX. WHEREAS an Initiative petition rescinding the Utility User Tax and restriction of collection and use of Transient Occupancy Tax was filed in the Office of the City Clerk on July 19, 2002; and WHEREAS the City Clerk has verified the signatures contained therein, and has certified that the petition qualifies under provisions of the California Elections Code, to enable the City Council to adopt the measures or to submit same to a special election of the electorate of the City of Palm Springs; and WHEREAS, the City Council has determined to place said matter before the qualified voters of the City of Palm Springs; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be consolidated with the established general election date to be held November 5, 2002, for the purpose of submitting to the qualified electors of said City, the following measure, to wit: MEASURE Language to be provided by City Attorney. MEASURE Language to be provided by City Attorney. Section 3. That the proposed measures submitted to the voters are attached as Exhibit A and B. Section 4. That 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 California Elections Code. Section 5. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of the Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. D Page 2 Resolution In the event a measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. Section 6. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. Section 7. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside of other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Section 8. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 9. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 10. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 11. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 12. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held in said City is hereby ordered to be made by the City Clerk. Section 13. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council by December 3, 2002. ADOPTED this _day of 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVISED &APPROVED: at>z. BALLOT QUESTION Language to be provided by City Attorney EXHIBIT A Title 3, Section 3.33 Utility User Tax of the City of Palm Springs Municipal Code is added as follows: Section 3.33 UTILITY USER TAX. 3.33.010 Provisions The City of Palm Springs shall not impose a utility user tax on the citizens or businesses in the City of Palm Springs. No utility use tax, or any other similar tax, fee or other monetary assessment upon utilities, may be assessed or levied upon any person or business within the City of Palm Springs, unless such tax, fee or assessment has been approved by the City of Palm Springs electorate. The term "utility user tax" shall include, but is not limited to, a rate or consumption tax on users of electricity, cogenerated electricity, gas, telecommunications, water, television (irrespective of means of transmission), refuse collection or sewer service. Sections 3.32.030, 3.32.040, 3.32.050, 3.32.060 are rescinded. (Text of Measure submitted by initiative petition) BALLOT QUESTION Language to be provided by City Attorney EXHIBIT B Title 3, Section 3.24 Transient Occupancy Tax of the City of Palm Springs Municipal Code is amended as follows: Section 3.24 TRANSIENT OCCUPANCY TAX. 3.24.030 Tax imposed. (a) For the privilege of occupancy in any hotel with no more than forty-nine (49) rooms, each transient is subject to, and shall pay a tax in the amount of ten (10%) of the rent charged by the operator or otherwise payable by the transient. Insofar as the transient is concerned, 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. For purposes of this section, the rent deemed payable on account of time-share occupancy by a transient shall be the rental value of the unit or room(s) which accommodated such occupancy, which rental value shall be computed by determining the pro rata share of the total purchase price of the time-share right or entitlement (whether or not involving an estate or any ownership in real property), which share is allocable to the period of transient occupancy currently involved, and adding thereto the total applicable operating costs including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all fees, assessments, charges and expenses (not including the previously referred to taxes) charged by the operator as attributable to the time-share occupancy of the transient by whatever name such fees, assessments, charges or expenses may be denominated, whether `occupying fee," "maintenance or operations charge," "per diem fee," "management fee" or like name or otherwise. In making the computation referred to above of the pro rata share of the total purchase price, in any case wherein the time-share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable term, such pro ration shall be made upon an assumed term of forty years. The tax assessed and collected pursuant to this section shall be subject to all of the provisions of Section 3.24.310. (b) In addition to the tax imposed by Section 3.24.030(a), for the privilege of occupancy in any hotel with at least fifty (50) rooms, but no more than one hundred twenty-four (124) rooms, each transient is subject to and shall pay an additional tax in the amount of one and one-half percent (1.5%) of the rent charged by the operator. The additional tax imposed by this section shall be administered and collected in the same manner, and is subject to all of the same definitions, exemptions, rules and regulations as the tax imposed by Section 3.24.030(a). (c) In addition to the taxes imposed by Sections 3.24.030(a) and 3.24.030(b), for the privilege of occupancy in any hotel with at least one hundred twenty-five (125) or more rooms, each transient is subject to and shall pay an additional tax in the amount of one percent (1%) of the rent charged by the operator. The additional tax imposed by this section shall be administered and collected in the same manner, and is subject to all of the same definitions, exemptions, rules, and regulations as the tax imposed by Section 3.24.030(a). (d) For purposes of this section, "rooms" shall include, but not be limited to, any lot, parcel, space, unit, room or any other similar type of accommodation. Section 3.24.038 3.24.038 Credit for payments of tax imposed by community redevelopment agency. (a) Pursuant to Section 7280.5 of the California Revenue and Taxation Code, a community redevelopment agency is authorized to levy a transient occupancy tax for its purposes if such transient occupancy taxes are by ordinance credited against the city's transient occupancy taxes. Any person subject to the transient occupancy tax under this section is entitled to credit the amount of transient occupancy taxes due to the community redevelopment agency of the city pursuant to Revenue and Taxation Code Section 7280.5 against the payment of taxes otherwise due under this chapter. Upon the effective date of an ordinance passed by the community redevelopment agency of the city, the amount of any tax due pursuant to said ordinance by any transient occupying a hotel subject to such ordinance, and collected and remitted to the community redevelopment agency of the city, levying a transient occupancy tax pursuant to Part 1.7 of Division 2 of the Revenue and Taxation Code, shall be credited against any transient occupancy tax otherwise due by the transient under Section 3.24.030. (b) In the event that the community redevelopment agency of the city adopts an ordinance pursuant to Revenue and Taxation Code Section 7280.5 imposing a transient occupancy tax, such ordinance shall be codified in the Palm Springs Municipal Code as Section 3.24.039, to provide ready access to such ordinance for all persons reviewing this chapter of the Palm Springs Municipal Code. Section 3.24.039(a) 3,24,039 Tax imposed—Community redevelopment agency. (a) There is imposed by the community redevelopment agency of the city of Palm Springs upon those hotels identified in subsection (c) of this section, a transient occupancy tax in the amount of twelve and one-half percent (12.5%) of the rent charged by the operator. The tax imposed by this section shall be administered and collected in the same manner, and is subject to all the same definitions, exemptions, rules and regulations as the taxes imposed by Section 3.24.030. (b) In addition to all other administrative mechanisms provided for in this chapter, the community redevelopment agency of the city of Palm Springs may enter into an agreement with any operator subject to the tax imposed under this section for collection and administration of the tax so imposed. Ir (c) The hotels subject to the tax imposed by this section are the following: 1) The Spa Resort Casino. 2) Canyon Park Resort and Spa, but only if the community redevelopment agency enters into a disposition and development agreement or owner participation agreement relating to development to occur under the Canyon Park Resort and Spa specific plan and such hotel is actually constructed and operated. 3) Any other hotel made subject to the provisions herein by ordinance or resolution of the community redevelopment agency. (d) Proceeds from the taxes imposed hereunder may be used for the payment of principal and interest on any bond, may be used to pay any obligation of the community redevelopment agency under any owner participation agreement or other agreement, including any owner participation agreement or other agreement with the owner, or successors in interest of any owner, of any interest in real property located in a project area, or of the hotels listed in subsection (c) of this section, may be the subject of collateral for any pledge, may be the subject of any covenant, may be applied to any special fund, may be the subject of any pledge of revenues, may be the subject of any contractual obligation or may be applied to any other redevelopment purpose as may be authorized or permitted under the community redevelopment law. (e) No tax imposed by this section shall be effective unless the tax so imposed may be credited against the amount of transient occupancy taxes otherwise imposed by the city of Palm Springs. Section 3.24.310 3,24.310 Use of proceeds—Restricted. The net proceeds from any tax imposed herein shall be placed in a. restricted special fund to be known as the Community Promotion Fund, and shall only be used for the advertising, marketing, publicity and promotion of the City of Palm Springs; for the acquisition, construction, expansion, improvement, maintenance and operating costs, debt retirement, and all other expenses of the Palm Springs Convention Center; for the acquisition, construction, expansion, improvement, maintenance and operating costs, debt retirement, and all other expenses of any public sports, entertainment or recreational facility, course or park within the city; for the acquisition, construction, expansion, improvement, maintenance and operating costs, debt retirement, and all other expenses of providing reasonable and convenient parking within the city; for the acquisition, construction, expansion, improvement, maintenance and operating costs, debt retirement, and all other expenses of any public library within the city; for support of the Palm Springs Desert Resorts Convention & Visitors Bureau; for support of the Palm Springs Bureau of Tourism; for support of senior, youth and other beneficial community programs and facilities within the city; for hotel, resort and golf course development agreements; for support of public art programs within the city; for special events which take place within the city; and for all other reasonable efforts and expenses to encourage local tourism and for no other purpose. 4P Section 3.24.311 The city may not collect a transient occupancy tax (TOT), or any other similar tax for the privilege of occupancy, for its own general fund, or any other purpose, except as authorized in Section 3.24.310. Section 3.24.312 The city may not borrow funds held in the Community Promotion Fund for use by any other department or program of the city, except as authorized in Section 3.24.310, or except in the case of a declared emergency pursuant to Section 3(c) of Article XIIIB of the California Constitution. Sections 3.24.035, 3.24.036, 3.24.037, 3.24.037(a), 3.24.300 are rescinded. (Text of Measure submitted by initiative petition) RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING CHARTER AMENDMENT (COUNCIL INITIATED) WHEREAS a Special Municipal Election is to be held in the City of Palm Springs, California, November 5, 2002, at which there will be submitted to the qualified electors of said City, the following measure(s): [ ] Council Vacancies— Language to be provided by City Attorney [ ] Board & Commission Appointments— Language to be provided by City Attorney NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that the City Council, being the legislative body of said City, hereby authorizes: member(s) of said body, to file written arguments in favor/against the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change said arguments until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. ADOPTED this_day of 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED: RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING CHARTER AMENDMENT (CITIZEN PETITION INITIATED) WHEREAS a Special Municipal Election is to be held in the City of Palm Springs, California, November 5, 2002, at which there will be submitted to the qualified electors of said City, the following measure(s): [ ] Parking — Language to be provided by City Attorney [ ] Term Limits—Language to be provided by City Attorney NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that the City Council, being the legislative body of said City, hereby authorizes: member(s) of said body, to file written arguments in favor/against the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change said arguments until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. ADOPTED this_day of 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED: 8F RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING CITY MEASURE (CITIZEN PETITION INITIATED) WHEREAS a Special Municipal Election is to be held in the City of Palm Springs, California, November 5, 2002, at which there will be submitted to the qualified electors of said City, the following measure(s): [ ] Utility User Tax— Language to be provided by City Attorney [ ] Transient Occupancy Tax— Language to be provided by City Attorney NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that the City Council, being the legislative body of said City, hereby authorizes: member(s) of said body, to file written arguments in favor/against the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change said arguments until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. ADOPTED this_day of 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED: 8 C"