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HomeMy WebLinkAboutReso - CC - 086-2001RESOLUTION 86-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDERING THE SUBMISSION OF A MEASURE REGARDING THE TAX RATE OF THE GENERAL BUSINESS LICENSE TAX TO THE VOTERS; DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS REGARDING THE GENERAL BUSINESS LICENSE TAX; AND AMENDING RESOLUTION NO. 45-2001 REGARDING THE NOVEMBER 6, 2001 GENERAL ELECTION WHEREAS, the City of Burlingame raised the general business license tax from $75 per year to $100 per year on July 1, 1993; 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 have passed; and WHEREAS, the business license tax is an integral part of the City's revenue system; and WHEREAS, the City Council of the City of Burlingame wishes to submit the $100 per year, general business license tax 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 business license tax rate would beat $100 per year for all businesses with the exceptions noted in the ordinance, would be paid by businesses in the City on an annual basis, 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 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 2 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. � AY I, ANN T. MUSSO, 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, SPMLLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 0/11IL, & 7n� CITY CLERK EXHIBIT A CITY OF BURLINGAME lul 1: Shall the ordinance amending the Burlingame Municipal Code to sustain and continue an increase in the general business license tax rate from $50 per year to $100 per year within the City of Burlingame be adopted? A-1 EXHIBIT B Measure _: Text of Proposed Ordinance This ordinance is proposed by the City Council of the City of Burlingame and continues an increase in the general business tax rate from $50 per year to $100 per year. THE PEOPLE OF THE CITY OF BURLINGAME DO ORDAIN AS FOLLOWS: Section 1. Section 6.08.020 is amended to read as follows: 6.08.020 License taxes The following persons shall pay an annual license tax of $100: a) Every person conducting or carrying on the business consisting of selling any goods, wares and merchandise or commodities, or services, or conducting or carrying on any profession, trade, occupation, calling or business not otherwise specifically taxed by this chapter. b) Every person not having a fixed place of business within the city who engages in business within the city, including contractors. c) Every person conducting a home occupation as defined by Section 25.08.350 of this code. d) Every person conducting or carrying on the business of selling Christmas trees, except where such business is conducted in connection with another regularly established place of business for which a license has been issued. 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 AWP5I \FILES\Elections\taxcall2.res.wpd