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
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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.
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