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HomeMy WebLinkAboutReso - CC - 085-2001RESOLUTION 85-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME THE SUBMISSION OF A MEASURE REGARDING THE TAX RATE OF THE TRANSIENT OCCUPANCY TAX TO THE VOTERS; DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS REGARDING THE TRANSIENT OCCUPANCY TAX; AND AMENDING RESOLUTION NO. 45-2001 REGARDING THE NOVEMBER 6, 2001 GENERAL ELECTION WHEREAS, the City of Burlingame raised the transient occupancy tax from 8 percent to 10 percent on September 1, 1991; and WHEREAS, the California Supreme Court has now decided that any tax imposed by a local agency after November 1986 requires voter approval regardless of how many years may have passed; and WHEREAS, the transient occupancy tax provides over $14 million per year to the City's general fund, and the two percent differential means a difference of approximately $2.8 million per year; and WHEREAS, the City Council of the City of Burlingame wishes to submit the 10 percent transient occupancy tax rate to the voters of the City for approval pursuant to Elections Code § 9222 and Government Code §§ 53723 and 53724; and WHEREAS, Exhibit A hereto is the exact form of the question to be voted on at the general election, as it is to appear on the ballot; and WHEREAS, Exhibit B hereto is the proposed ordinance for submission to the voters as it would appear in the ballot pamphlet; and WHEREAS, the proposal should be submitted to the voters at the upcoming general election; and WHEREAS, this Resolution has been adopted by at least a two-thirds vote of all members of the City Council, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Burlingame: 1. The question to be submitted to the voters at the municipal general election on November 6, 2001, as stated on the ballot is contained in Exhibit A hereto, and the text of the measure being voted on in that question is contained in Exhibit B hereto. 2. The proposed transient occupancy tax rate would be at ten percent (10%) on the rent charged to any transient by any hotel in the City of Burlingame, collected by the operators of the hotels in the City, and be used for general government purposes of the City. There would be no change in rate, collection, or uses from the current Municipal Code. 3. Resolution No. 45-2001 is hereby amended to request the services of the registrar of voters, request consolidation of elections, and specifying procedures for the consolidated election to include this measure. 4. The City Clerk is hereby authorized and directed to publish notice of the measure to be voted on in a supplementary notice of election consistent with the direction in Resolution No. 45- 2001. The City Clerk is further authorized and directed to do all other things required by law to conduct the election regarding this measure. 5. Pursuant to Government Code §§ 9282 and 9286, the City Clerk is further authorized and directed to establish and publish the last date for submittal of arguments for and against the measure; select the argument for and the argument against the measure to be printed and 2 distributed to the voters as set forth in Election Code § 9287; enable preparation and submittal of rebuttal arguments as set forth in Elections Code § 9285. The City Council hereby adopts the provisions of Elections Code § 9285(a) with regard to rebuttal arguments. 6. The City Clerk is hereby authorized and directed to transmit a copy of the proposed measure to the City Attorney. The City Attorney is hereby authorized and directed to draft an impartial summary in accordance with Elections Code § 9280 and to submit that to the City Clerk for transmittal to the Registrar of Voters no later than the last date for submittal of arguments for and against the measure. 7. The City Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a certified copy of the resolution to the Board of Supervisors of the County of San Mateo and to the County Clerk of the County of San Mateo. YO I, ANN T. MUS SO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 23rd day of July. 2001, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK EXHIBIT A • : J[ I►: kd MEASURE Shall the ordinance amending the Burlingame Municipal Code to sustain and continue an increase in the transient occupancy tax rate from eight percent (81/6) to ten percent (101/6) on the rent charged hotel guests within the City of Burlingame be adopted? A-1 Measure _ Text of Proposed Ordinance This ordinance is proposed by the City Council of the City of Burlingame and continues an increase in the transient occupancy tax rate from eight percent (81/o) to ten percent (101/6). PROPOSED ORDINANCE THE PEOPLE OF THE CITY OF Bi IRLINGAME DO ORDAIN AS FOLLOWS: Section 1. Section 4.09.025 is added as follows: 4.09.025 Tax Rate For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator. Section 2. This ordinance shall be considered adopted on the date that the City Council declares the vote, and shall go into effect ten (10) days thereafter. D:\ W P51 TILESTIection0axcall l .res.wpd ME