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HomeMy WebLinkAboutOrd 1977ORDINANCE NO. 1977 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BURLINGAME SUSPENDING APPLICATION OF SECTIONS 11 AND 12 OF CITY OF BURLINGAME ORDINANCE NUMBER 1648, RELATING TO DEFICIENCIES AND PENALTIES FOR UNDERPAYMENT OF ASSESSMENTS FOR THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT The City Council of the City of Burlingame ORDAINS as follows: SECTION 1. FINDINGS. WHEREAS, federal, state, and county authorities and the City of Burlingame have all declared a state of emergency relating to the COVID-19 pandemic; and WHEREAS, several concurrent health advisories and orders have radically limited travel and tourism in the area; and WHEREAS, the San Mateo County Tourism Business Improvement District (TBID) was established to support the tourism and travel industry in San Mateo County; and WHEREAS, that industry has suffered considerable losses due to the current public health emergency; and WHEREAS, Burlingame Ordinance 1648, establishing the TBID, provides certain procedures for assessing deficiencies in payments and imposing penalties; and WHEREAS, the TBID staff and Board have requested that current and future assessments be reduced during the emergency and penalties be waived; and WHEREAS, Burlingame cannot alter mandates of an ordinance administratively without either amending the ordinance itself or providing for a temporary suspension; and WHEREAS, the current public health emergency and the economic hardship it has created for area hotels warrants an urgency ordinance to immediately suspend any penalties for late or reduced payments on TBID assessments; and WHEREAS, the City Council finds that it is necessary to protect the health, safety, and welfare to suspend the imposition of penalties for late or non-payment for TBID assessments; and WHEREAS, the City has the authority under its declaration of emergency to take such action to avoid imposing additional, immediate economic harm on area businesses; NOW, THEREFORE, the City Council of the City of Burlingame does hereby find and declare as follows: SECTION 2. SECTIONS 11 AND 12 OF ORDINANCE 1648 SUSPENDED. Sections 11 and 12 of Ordinance 1648, relating to the assessment of deficiencies and penalties for late or non-payment of TBID assessments are hereby suspended for the duration of San Mateo County’s declared emergency or through January 1, 2021, whichever occurs first. SECTION 3. INTERIM URGENCY ORDINANCE. The City Council does hereby declare this action to be an interim urgency ordinance enacted under the powers of the City of Burlingame. DocuSign Envelope ID: EB485E82-FC5F-469E-803A-C05538857E3D SECTION 4. EFFECTIVE DATE. Enforcement of this interim urgency ordinance shall commence on May 18, 2020, or on the date of its adoption, whichever is later. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted this Ordinance and such section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. SECTION 6. This is an interim urgency ordinance and requires a 4/5 vote of approval of all of the members of the City Council and goes into effect immediately upon its adoption. SECTION 7. This interim urgency ordinance shall be published once within fifteen (15) days of its adoption. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council. __________________________________ Emily Beach, Mayor ATTEST: _________________________________ Meaghan Hassel-Shearer, City Clerk APPROVED AS TO FORM: __________________________ Kathleen Kane, City Attorney I hereby certify that foregoing Interim Urgency Ordinance No. 1977 was adopted at a regular meeting of the Burlingame City Council on May 18, 2020 by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O’BRIEN KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE __________________________________ Meaghan Hassel-Shearer, City Clerk DocuSign Envelope ID: EB485E82-FC5F-469E-803A-C05538857E3D