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HomeMy WebLinkAboutReso - CC - 075-2002RESOLUTION NO. 75-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING AN INTERIM POLICY REGARDING THE ABATEMENT OF ASSESSMENTS BECAUSE OF CONSTRUCTION OR DISASTER THAT PREVENTS OCCUPANCY OF ROOMS USED AS A BASIS FOR ASSESSMENT UNDER THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT RESOLVED, by the City Council of the City of Burlingame: WHEREAS, some of the hotels that are subject to assessment under the San Mateo County Tourism Business Improvement District (BID) will undergo reconstruction and may suffer disasters, such as fires, which will prevent guest rooms from being occupied for long periods of times; and WHEREAS, Ordinance No. 1648 does not directly address this issue during the District's normal operating year; and WHEREAS, it is only fair to the business to provide for an abatement process when such construction or disaster occurs, but only when there is an extended period of time affecting a significant portion of the available guest rooms; and WHEREAS, the BID Advisory Board was unable to reach a final decision on a long-term policy regarding this issued but the Board has discussed various possibilities and recommended an assessment reduction for a hotel facing this problem in the District; and WHEREAS, in order to provide some uniformity and basic guideline for hotels that may face this difficulty, an interim policy is necessary until the Board is able to make a final recommendation, NOW, THEREFORE, the City of Burlingame does hereby resolve, determine, and find as follows: The Interim Policy attached hereto as Exhibit A is approved. MAYOR I, ANN T. MUSSO, City Clerk of the City of Burlingame do hereby certify that the 12/20/2001 foregoing Resolution was introduced at a regular meeting of the City Council on the1sgday of July , 2002, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 2 CIT LERK C:\FIl.ESU-IotelBid\assessmentabatement.res.wpd 12/20/2001 2 INTERIM POLICY REGARDING THE ABATEMENT OF ASSESSMENTS BECAUSE OF CONSTRUCTION OR DISASTER THAT PREVENTS OCCUPANCY OF ROOMS USED AS A BASIS FOR ASSESSMENT UNDER THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT A. Hotels that are subject to assessment under the San Mateo County Tourism Business Improvement District (BID) may apply for abatement of their assessments if either of the following occurs: Construction work in the affected guest rooms precludes occupancy of twenty-five percent (25%) or more of the hotel's total guest rooms under the current annual assessment, or fifty (50) or more guest rooms, whichever is less, for more than forty-five (45) days due to construction work in the rooms; or 2. A physical disaster, such as a fire or explosion, at the hotel precludes occupancy of twenty-five percent (25%) or more of the hotel's guest rooms under the current annual assessment, or fifty (50) or more guest rooms, whichever is less. B. In order to be eligible for abatement under subsection A(1) above, the affected hotel must provide written notice to the City or the BID Advisory Board at least forty-five (45) days before actual construction begins. In addition, only construction pursuant to construction permits approved by the local agency with permit jurisdiction and in accordance with those permits will be considered for abatement relief under that subsection. C. The assessment abatement relief to be considered will be based on the number of days in which occupancy is precluded prorated against the annual assessment for the guest room count at that particular hotel. The first forty-five (45) days will not be counted in the proration. D. The Advisory Board will make a recommendation to the City Council regarding the appropriate abatement amount. The Advisory Board or the City may request additional information regarding the circumstances involved from either the applicant hotel or the local agency with permit or emergency response jurisdiction.