HomeMy WebLinkAboutReso - CC - 056-2009RESOLUTION NO. 56-2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME:
1) ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS
OF THE CITY OF BURLINGAME, AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD TUESDAY, NOVEMBER 3, 2009, A
BALLOT MEASURE APPROVING AN INCREASE OF THE CITY'S
TRANSIENT OCCUPANCY TAX FROM 10% TO 12%, AND
ORDERING THE PUBLICATION THEREOF; AND
2) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION
CONDUCTED ON THE SAME DATE; AND
3) REQUESTING ELECTION SERVICES BY COUNTY CLERK; AND
4) REQUESTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE MEASURE.
WHEREAS, the City Council of the City of Burlingame, by adoption of Resolution No.
29-09, has called a general municipal election to be held on Tuesday, November 3, 2009; and
WHEREAS, the City Council has determined to submit to the voters at the general
municipal election on November 3, 2009, a ballot measure adopting an ordinance amending
section 4.09.025 of the Burlingame Municipal Code, to increase the City's transient occupancy
tax from ten (10%) per cent to twelve (12%) per cent on the rent charged by the operator to hotel
guests within the City;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The Burlingame City Council, pursuant to the laws of the State of
California, does hereby order submitted to the qualified electors of the City of Burlingame at the
general municipal election to be held Tuesday, November 3, 2009, the following measure, to wit:
CITY OF BURLINGAME
INCREASE OF TRANSIENT OCCUPANCY TAX
MEASURE
To preserve funding for general city services, including maintaining
public safety, recreation, planning and library services, and repairing
YES
and improving city streets and infrastructure, such as the
Broadway/Highway 101 interchange, shall the City of Burlingame
approve an ordinance amending the Burlingame Municipal Code to
NO
increase the transient occupancy tax rate from ten (10%) per cent to
twelve (12%) per cent on the rent charged to hotel guests within the
City?"
Section 2: A copy of the ordinance amending Burlingame Municipal Code section
4.09.025 to increase the City's transient occupancy tax from 10% to 12%, which ordinance is to
be submitted to the qualified electors of the City of Burlingame for approval at the general
municipal election to be held on Tuesday November 3, 2009, is attached hereto as Exhibit "A".
Section 3: Pursuant to California Elections Code Section 10002, the City Council
hereby requests the Board of Supervisors of the County of San Mateo to make available the
services of the County Clerk as County Elections Official for the purpose of performing the usual
and customary services necessary in the conduct of the consolidated general municipal election,
including the provision of election supplies and voters' pamphlets.
Section 4: Pursuant to California Elections Code Section 10400 and following, the
City Council hereby requests the Board of Supervisors of the County of San Mateo to order the
consolidation of the general municipal election to be conducted within the boundaries of the City
of Burlingame on November 3, 2009, with respect to which the Board of Supervisors of the
County of San Mateo has the power to order a consolidation. The City Council further consents
to and orders the consolidation of the general municipal election hereby called with the elections
in public districts to be held the same day. Upon consolidation, the consolidated election shall be
held and conducted, election officers appointed, voting precincts designated, ballots printed,
polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns
canvassed, and all other proceedings in connection with the election shall be regulated and done
by the County Clerk of the County of San Mateo in accordance with the provisions of law
regulating the elections so consolidated.
Section 5: The City Clerk is hereby authorized and directed to publish a notice of the
general municipal election within the time and in the manner specified in California Elections
Code Section 12101. The City Clerk is further authorized and directed to perform any and all
actions required by law to hold the general municipal election above provided.
Section 6: The City Clerk is hereby authorized and directed to give such further or
additional notice of said election in time, form, and manner as required by law.
Section 7: The City Council of the City of Burlingame hereby authorizes and directs
the City Clerk to select, from those direct arguments properly submitted, an argument for and an
argument against the measure, to be printed and distributed pursuant to Elections Code section
9287.
2
Section 8: The City Council of the City of Burlingame hereby authorizes and directs
the City Clerk to accept rebuttal arguments submitted to the Clerk within ten (10) days after the
final date for filing direct arguments pursuant to Elections Code section 9285.
Section 9: The City Council of the City of Burlingame hereby directs the City
Attorney to prepare an impartial analysis of said ballot measure pursuant to California Elections
Code Section 9280.
Section 10: This Resolution of the City Council submitting to the qualified electors of
the City of Burlingame this ballot measure amending Burlingame Municipal Code section
4.09.025 to increase the transient occupancy tax rate from ten (10%) per cent to twelve (12%) per
cent on the rent charged to hotel guests within the City of Burlingame at the general municipal
election to be held Tuesday, November 3, 2009, shall be effective June 2, 2009.
Section 11: The City Clerk is directed to submit a certified copy of this Resolution to
the Board of Supervisors of the County of San Mateo.
0 Ann Keighran, Mayor'
I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame
City Council on Monday, the 15th day of June, 2009 by the following vote, to wit:
AYES: Councilmembers: BAYLOCK, DEAL, NAGEL, O'MAHONY
NOES: Councilmembers: NONE
ABSENT: Councilmembers: KEIGDRAN
C
Mary Ellen Kearney, City Cler