Myers

This is an appeal by the City of Pismo Beach from a judgment of the superior court which directed that a peremptory writ of mandate issue commanding the City Coun oil of the City of Pismo Beach to adopt an initiative ordinance submitted to them or in the alternative to call a special election to determine if the proposed initiative ordinance be adopted.

The City of Pismo Beach is not a chartered city but is governed by the general laws of the state.

On October 5, 1964, at a regular meeting of the city council a resolution entitled “Intent to Levy Tax” was adopted. On January 11, 1965, “Ordinance No. 114, An Ordinance Imposing a Tax Upon the Privilege of Transient Occupancy and Providing for the Collection Thereof ’’ (commonly known as a room occupancy tax), was introduced. Public hearings were held thereon. The first reading of the proposed ordinance was on February 8, 1965. The second reading and the vote thereon which resulted in its passage were on March 8,1965.

On December 9, 1964, petitioners, motel owners, and electors within the City of Pismo Beach, filed with the city clerk of said city a petition entitled “Initiative Petition for Enactment of a City Ordinance of Pismo…