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