HomeMy WebLinkAboutRES 2018-28RESOLUTION NO. 2018- 28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018 FOR THE
ELECTION OF CERTAIN MUNICIPAL OFFICERS AS REQUIRED BY THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE
SUBMISSION TO THE VOTERS A QUESTION RELATING TO TRANSIT OCCUPANCY
TAX,
WHEREAS, under the provisions of the laws relating. to general law cities in the
State of California, a General Municipal Election shall be held on November 6, 2018 for
the purpose of election of three (3) Members of the City Council for the full term of four
years; and
WHEREAS, the City Council desires to submit to the voters at the same Genera
Municipal Election a question relating to the Transient Occupancy Tax (the "Measure");
and
WHEREAS, pursuant to Resolution No. 2018- 29 , adopted on June 19, 2018,
the City Council requested that the General Municipal Election for election of Members
of the City Council and the Measure be consolidated with the Statewide General
Election to be held on Tuesday, November 6, 2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the laws of the State of California relating to
General Law Cities there is called and ordered to be held in the City of Diamond Bar,
California, on Tuesday, November 6, 2018 a General Municipal Election for the purpose
of electing three (3) Members of the City Council for the full term of four years.
SECTION 2. That the City Council, pursuant to its right and authority under
Elections Code Section 9222 to submit a measure without a petition, does order
submitted at the General Municipal Election the following text of the Measure to the
voters of the City of Diamond Bar:
Measure to Fund Diamond Bar Local Services. Shall the
Ordinance to increase the Transient Occupancy Tax paid Yes
solely by hotel guests from its current rate of 10 percent to
14 percent providing approximately $450,000 annually, with
no expiration date to be used for neighborhood sheriff
protection, traffic safety improvements, local parks, trails, - No
senior and youth recreation programs and other city services
be adopted.
SECTION 3. That the vote requirement for the Measure to be adopted is 50%+1
of the votes cast and if adopted the Measure shall go into effect 10 days after the City
Council certifies the election results;
SECTION 4. That the complete text of the Measure is attached as Exhibit A.
SECTION 5. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 6. That the City Clerk is authorized, instructed and directed to
coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure
and furnish any and all official ballots, notices printed matter and all supplies, equipment
and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
SECTION 7. That the polls for the election shall be open at seven o'clock a.m. of
the day of the election and shall remain open continuously from that time until eight
o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code
§10242, except as provided §14401 of the Elections Code of the State of California.
SECTION S. That pursuant to Elections Code Sections 9282 and 9286 the
deadline for submitting direct arguments in favor of and arguments against (not to
exceed 300 words) the proposed initiative to the City Clerk for transmittal to the County
Registrar of Voters is hereby set for July 9, 2018 at 5:30 p.m. Subdivision (a) of
Elections Code Section 9285 relating to rebuttal arguments shall not apply.
SECTION 9. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
SECTION 10. That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to gime further or additional
notice for the election, in time, form and manner as required by law.
SECTION 11. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
207.8-28
SECTION 12. The City Council authorizes the City Clerk to administer said
election and all reasonable and actual election expenses shall be paid by the city upon
presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED on June 19, 2018.
Ruth M. Low, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 19th day of June, 2018, by the
following Roll Call'Vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
Tommye A. Cribbins, City Clerk
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF THE CITY OF DIAMOND BAR, AMENDING SECTION
3.13.030 OF THE DIAMOND BAR MUNCIPAL CODE TO
INCREASE THE TRANSIENT OCCUPANCY TAX
WHEREAS, a measure to increase the transient occupancy tax was put before
the voters at a general municipal election held on November 6, 2018, and
WHEREAS, the measure received the requisite votes for adoption; and
NOW, THEREFORE, the people of the City of Diamond Bar do ordain as follows:
Section 1 Section 3.16.030 of the Diamond Bar Municipal Code, entitled— "Imposition;
amount" is amended to provide as follows.
"For the privilege of occupancy in any hotel, each transient is subject to and shall pay a
tax in the amount of fourteen percent of the rent charged by the operator. This tax
constitutes a debt owed by the transient to the city which is extinguished only by
payment to the operator or to the city."
2018-28