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HomeMy WebLinkAboutReso - CC - 087-2001RESOLUTION 87-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDERING THE SUBMISSION OF A MEASURE REGARDING A BUSINESS LICENSE TAX ON OPERATORS OF COMMERCIAL PARKING FACILITIES; DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS REGARDING THE BUSINESS LICENSE TAX ON OPERATORS OF COMMERCIAL PARKING FACILITIES; AND AMENDING RESOLUTION NO. 45-2001 REGARDING THE NOVEMBER 6, 2001 GENERAL ELECTION WHEREAS, the City of Burlingame placed a business license tax on airport parking facilities of five percent (5%) of gross receipts in 1992; and WHEREAS, the California Supreme Court decided in June 2001 that any tax imposed by a local agency after November 1986 requires voter approval regardless of how many years go by; WHEREAS, large parking facilities have a significant impact on traffic, roadways, and land usage in the City; and WHEREAS, large parking facilities do not contribute sales tax to the community, do not attract users of other businesses that pay sales taxes, and do not generate significant property taxes; and WHEREAS, a reasonable business license tax would provide a fair contribution for community services and impacts; and WHEREAS, the City Council of the City of Burlingame wishes to submit a business license tax on operators of commercial parking facilities to the voters of the City for approval pursuant to Elections Code § 9222 and Government Code §§ 53723 and 53724; and WHEREAS, it is the intent of this measure to exempt hotel parking lots located on the site of the hotel, residential parking lots located on the site of the residences, parking and storage lots used by car and truck dealers for the dealers' own vehicles and inventory, parking lots owned and operated by a public agency, parking lots used by a business to store or park the business' own vehicles, and parking lots for which no charge is imposed nor any consideration exchanged; WHEREAS, within the specific definitions of the ordinance regarding predominant use of the parcel of property, it is the intent of the measure to include hotel parking lots that are not located on the site of a hotel if a charge is made, privately owned pay parking lots that are owned by a public agency, pay parking lots that are owned by a public agency, but operated by a private operator, and vehicle storage lots for vehicles not owned by the business that owns or leases the storage lot such as tow yards; 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 be at five percent (5%) of gross receipts would be paid by operators of commercial parking facilities in the City on a quarterly basis as defined in the proposed ordinance, and be used for general government purposes of the City. 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 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. _ / / 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, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: GALLIGAN CITY CLERK 101.1 Measure _: Text of Proposed Ordinance This ordinance is proposed by the City Council of the City of Burlingame to establish a business license tax of five percent on operators of commercial parking facilities. PROPOSED ORDINANCE THE PEOPLE OF THE CITY OF BURLINGAME DO ORDAIN AS FOLLOWS: Section 1. Section 6.08.085 is adopted to read as follows: 6.08.085 Operators of commercial parking facilities (a) Commercial parking facility defined. "Commercial parking facility" means any privately owned or operated facility that provides, for any form of consideration, parking or storage for motor vehicles, motorcycles, trailers, bicycles, or other similar means of conveyance for passengers or property. "Commercial parking facility" does not include a parking facility that is: (i) Not the predominant use of the parcel on which the parking facility is located; or (ii) Leased or owned by a business and operated exclusively to park or store vehicles that are owned or leased by that same business; or (iii) Leased or owned by a business and operated exclusively to park or store vehicles that are part of that same business' inventory for purposes of sale, lease, or resale. (b) Operator defined. "Operator" means any person who, as owner, lessee, employee, agent, or otherwise, operates, maintains, manages, keeps, permits, or allows to be operated, maintained, managed, or keep any commercial parking facility in or upon any premises owned, leased, managed, operated, or controlled by such person within the city. (c) The operator of a commercial parking facility in the city shall pay an annual license tax of five percent (5%) of the gross receipts received from the operation of the commercial parking facility without deduction therefrom. (d) Each operator of a facility shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the license collector, make a return to the license collector, on forms provided by the collector of the total tax. At the time the return is filed, the full amount of the tax shall be remitted to the license collector. The license collector may establish shorter reporting periods for any operator if the collector deems it necessary in order to insure timely collection of the tax; and the collector may also require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. 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:\ WP51 \FILES\Elections\taxca113.res.wpd W0 IIIT".1 CITY OF Bi IRLINGAME MEASURE Shall the ordinance amending the Municipal Code to establish a business license tax of five percent (51/o) of gross receipts on operators of commercial parking facilities within the City of Burlingame be adopted? A-1