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HomeMy WebLinkAbout1988-08-02; City Council; 9567; Transient Occupancy Tax Golf Course TennisQ w 8 a 5 .. z 0 4 1 0 z 3 0 0 \B# y5&7 JITG, 8/2/88 1 E PT. CC ClVw OF CARLSBAD - AGENr-" BILL TITLE: DEPT. HD./&- TRANSIENT OCCUPANCY TAX INCREASE - SPECIAL TAX FOR GOLF COURSE AND TENNIS FACILITIES CITY ATTY-M CITY MGR. a Adopt Resol uti on No. ffe2 and giving notice of the holding of the General Municipal Election. amending Resolution Nos. 88-225 and 88-226 calling Adopting Resolution No. ff-27/ , directing the City Attorney to prepare an impartial analysis of the proposed ordinance pertaining to the Transient Occupancy Tax. Adopt Resolution No. written argument regarding a City measure. ffiJf2, authorizing certain Council members to file a Introduce Ordinance No. NS-29, amending Chapter 3.12.035 to increase the Transient Occupancy Tax rate by 2%, to pay for a golf course, tennis courts and other recreational facilities. By minute motion, repeal Ordinance No. NS-10. ITEM EXPLANATION At the meeting of July 12, 1988, Council directed staff to prepare documents placing a Transient Occupancy Tax increase measure on the November 8, 1988 ballot. Ordinance No. NS-29 has been prepared in accordance with Council direction, and provides for a one percent (1%) increase in the Transient Occupancy Tax effective July 1, 1989, and a one percent (1%) increase effective January 1, 1990, to provide funds to pay for the design and construction of a municipal public golf course, tennis courts and other recreational facilities. Resolution No. 8reJfB , amends Resolution Nos. 88-225 and 88-226 to include the submission of this measure to the voters at the November 8, 1988 election. Resolution No. k'fi2W , directs the City Attorney to prepare an impartial analysis of the measure, and Resolution No. 88-~7~authorizes Council Members to file a written argument regarding the measure. Ordinance No. NS-10 was not approved by the voters at the June 7, 1988 election. Therefore, by minute motion, Council should repeal Ordinance No. NS-10. EXHIBITS 1. Resolution No. ff-27D , amending Resolution Nos. 88-225 and 88-226 to include the submission to the qualified electors an ordinance relating to increasing the Transient Occupancy Tax by an additional 2% to finance the construction of a public golf course, tennis courts and other recreational facilities. Resolution No. b%*27/ , directing the City Attorney to prepare an impartial analysis of the proposed ordinance. 2. PAGE 2 OF AB # 7567 3. Resolution No. fsa@, authorizing certain members of the City Council to file a written argument regarding the measure. 4. Ordinance No. NS-29, amending the Municipal Code to increase the Transient Occupancy Tax rate by 2% to pay for a golf course, tennis courts and other recreational facilities. 5. Ordinance No. NS-IO. t 1’ . SHALL ORDINANCE NO. NS-29 BE ADOPTED AMENDING CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR A QUALITY REGULATION MUNICIPAL GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES? .. YES NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NOS. THE HOLDING OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 8, 1988, TO INCLUDE THE SUBMISSION TO THE QUALIFIED ELECTORS AN ORDINANCE RELATING TO INCREASING THE TRANSIENT OCCUPANCY TAX BY AN ADDITIONAL 2% TO FINANCE THE CONSTRUCTION OF A PUBLIC GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES IN THE CITY. 88-225 AND 88-226 CALLING AND GIVING NOTICE OF WHEREAS, pursuant to the requirements of the laws of the State of California relating to General Law Cities, there has been called and ordered to be held in the City of Carlsbad, California, on Tuesday, November 8, 1988, a General Municipal Election for the purpose of electing two members of the City Council for the term of four years; and WHEREAS, the City Council desires to submit a measure to the voters relating to increasing the Transient Occupancy Tax by an additional 2% to pay for the construction of a public golf course, tennis courts and other recreational facilities in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: SECTION 1. That the above recitations are true and correct. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the foll owing question: SECTION 3. That the proposed ordinance submitted to the voters is attached as Exhibit A. 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. That Resolution No. 88-225 is hereby amended to include submission of this measure to the qualified voters of the City at the General Municipal Election to be held November 8, 1988. SECTION 5. That Resolution No. 88-226 is hereby amended to request the Board of Supervisors of the County of San Diego to authorize the Registrar of Voters to include this measure in the provision of specified services relating to the conduct of the election of the City of Carlsbad. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 2nd day of August , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST : ALETHA L. RAUTENKRANZ, City C1er.F (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SHALL ORDINANCE NO. NS-29 BE ADOPTED AMENDING CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR A QUALITY REGULATION MUNICIPAL GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES? RESOLUTION NO. 88-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED ORDINANCE PERTAINING TO AN INCREASE IN THE TRANSIENT OCCUPANCY TAX TO PAY FOR THE CONSTRUCTION OF A PUBLIC GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES. YES NO WHEREAS, a General Municipal Election is to be held in the City of Carlsbad, on November 8, 1988, at which there will be submitted to the qualified voters of said City, the following Proposition, to wit: showing the effect of the Ordinance on existing law and the operation of the Ordinance; NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Carlsbad as follows: SECTION 1. Pursuant to the provisions of Section 5011 of the Elections Code of the State of California, this City Council does direct the City Attorney to prepare an impartial analysis of the Ordinance. /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 26 27 28 SECTION 2. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 2nd day of August , 1988, by the following iote, to wit: The impartial analysis shall not exceed 500 words in length. AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None RBSENT: None ATTEST: (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SHALL ORDINANCE NO. NS-29 BE ADOPTED AMENDING CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR A QUALITY REGULATION MUNICIPAL GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES? RESOLUTION NO. 88-272 YES NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE WHEREAS, a General Municipal Election is to be held in the City of Carlsbad, California, on November 8, 1988, at which there will be submitted to the voters the following measure: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carl sbad, Cal i forni a, does decl are, determi ne and order as fol 1 ows : SECTION 1. That the above recitations are true and correct. SECTION 2. That the City Council authorizes Claude Lewis Ann Kulchin Mark Pettine John Mamaux Eric Larson to file a written argument regarding the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California, and to change the argument 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. /// .. . -- ._ 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 2nd day of August , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) I .- 1 2 3 4 5 6 7 a 9 10 11 12 t 18 19 20 21 22 . 23 24 25 26 27 28 0 _- ORDINANCE NO. NS-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDINGTITLE 3, CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 3.12-035 TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR A QUALITY REGULATION MUNICIPAL GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES. The City Council of the City of Carlsbad, Californ,a ordain as follows: does SECTION I: That Title 3, Chapter 3.12 of the Carlsbad Municipal Code is amended by the addition of Section 3.12.035 tc read as follows: "3.12.035 Imposition of additional amount -- where payable - - DurDoses. (a) In addition to the tax imposed by Section 3.12.030 for the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of two percent of the rent charged by the operator. The tax imposed by this section shall be levied in two steps of one percent on July 1, 1989 and one percent on January 1, 1990. Such 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 reasor the tax due is not paid to the operator of the hotel, the taa administrator may require that such tax shall be paid directly tc the tax administrator. The proceeds of this tax shall be limited to the uses specified in this section in the following priority: 1, An amount as determined necessary by the Citi Council to pay for the design and construction of a qualit1 regulation 18 hole municipal public golf course and relatec facilities in the City of Carlsbad and for the construction of z complex of public tennis courts and related facilities in the Citj of Carlsbad. 2. An amount as determined necessary by the Citj Council to pay for the design and construction of an additional short golf course, or additional tennis courts or ball fields 01 other recreational facilities in the City of Carlsbad in accordancc with the City's Parks and Recreation program. 3. If the City Council determines it necessary tc finance the facilities described in subsections (1) and (2) with on€ (b) 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 or more bond issues the proceeds may be committed to service such bonds. Any proceeds from this tax in excess of the amounts necessary to satisfy the requirements of subsections (l), (2) and (3) shall be deposited in the general fund." SECTION 2: The City Council may amend this ordinance frorr time to time to add exceptions, or adjust the rate, or application of tax, or make such other changes as they determine to be necessary provided the rate of tax to be imposed by this ordinance shall not be increased and the commitment of funds made in accordance with Section 3.12.035(b) shall not be decreased. 4. SECTION 3: In accordance with Section 4013 of the Elections Code of the State of California, this ordinance shall be considered as adopted upon the date that the vote is declared by the City Council and shall go into effect ten days after that date. SECTION 4: This ordinance imposes a special tax and therefore requires the approval of two thirds of the voters votinc thereon in the election. INTRODUCED AND FIRST READ at a regular meeting of thc Carlsbad City Council on the 2nd day of August , 1988, and thereafter .. 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 9th day of Aunust I the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: Council Member Larson APPROVED AS TO FORM AND LEGALITY ATTEST: QctL i.Ru ALETHA L. RAUTENKRANZ, CJty Clerk 1988, by 4- , * 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 o 6" ORDINANCE NO. NS-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.12 OF THE CARISBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 3.12.035 TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR THE PROMOTION OF TOURISM IN THE CITY AND FOR A PUBLIC GOLF COURSE, TENNIS COURTS AND RELATED FACILITIES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 3, Chapter 3.12 of the Carlsbad Municipal Code is amended by the addition of Section 3.12.035 to read as follows: 113.12.035 ImDosition of additional amount -- where pavable -- purPoses. (a) In addition to the tax imposed by Section 3.12.030 for the privilege of occupancy in any hotel, eac transient is subject to and shall pay a tax in the amount of two percent of the rent charged by the operator. Such tax constitute 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. uses specified in this section in the following priority: (b) The proceeds of this tax shall be limited to the 1. The City Council shall make an annual appropriation beginning on July 1, 1989 to the Carlsbad Convention and Visitors Bureau of two hundred thousand dollars to be used for the promotion of tourism in the City of Carlsbad. If the Bureau ceases to exist or is otherwise unable to use the mone for such purposes it shall be deposited in the general fund. 2. An amount up to the next nine hundred thousand dollars per year shall be used by the City Council for the construction of an 18 hole championship public golf course and related facilities in the City of Carlsbad and for the construction of one or more complexes of public tennis courts and related facilities in the City of Carlsbad. 3. The next two hundred thousand dollars may be used by the City Council for the construction, reconstruction, maintenance or repair of the facilities described in subsection (2) or for the construction of an executive golf course and related facilities in the city of Carlsbad. amounts necessary to satisfy the requirements of subsections (l), (2) and (3) or otherwise unexpended when this tax terminates shall be deposited in the general fund. (c) The tax imposed by subsection (a) shall be paid for a period beginning on July 1, 1989 and ending twenty years after the date the City sells the bonds necessary to fund the facilities described in Section (b)(2)." 4. Any proceeds from this tax in excess of the SECTION 2: The City Council may amend this ordinance from time to time to add exceptions, or adjust the rate, or application of tax, or make such other changes as they determine to be necessary provided the rate of tax to be imposed by this ordinance shall not be increased and the allocation of funds for the promotion of tourism in the City or for the construction of the golf course or tennis courts shall not be decreased. SECTION 3: In accordance with Section 4013 of the Elections Code of the State of California, this ordinance shall be considered as adopted upon the date that the vote is declared by the City Council and shall go into effect ten days after that date. SECTION 4: This ordinance imposes a special tax and therefore requires the approval of two thirds of the voters voting thereon in the election. It will be presented to the voters at the same time as another ordinance requiring a majority vote which would raise the transient occupancy tax rate from 6% to 8%. If both ordinances are adopted the effect of this ordinance will be to increase the transient occupancy tax rate from 8% to 10%. If this ordinance passes and the other does not this ordinance would increase said rate from 6% to 8%. 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 . 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 10th day of March I 1988, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 22nd day of March I 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: Council Member Pettine ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: ALE$HA L/W TE- NZ, City Clerk &EN R. KUNDTZ, Deputy City Clerk (SEAL) 3.