Brisbane, California Brisbane City Council Meetings, 9 Dec 2022

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From YouTube: Brisbane City Council Meeting 12-9-22

Description

12-9-22 City Council Meeting Agenda: https://www.brisbaneca.org/citycouncil/page/city-council-special-meeting-57

Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Aside from commenting while in the Zoom webinar the following email and text line will be also monitored during the meeting and public comments received will be noted for the record during Oral Communications 1 and 2 or during an Item.

Email: ipadilla@brisbaneca.org
Text: 628-219-2922

00:00 PREAMBLE
02:22 CALL TO ORDER, ROLL CALL
03:01 ADOPTION OF AGENDA
04:31 ORAL COMMUNICATIONS NO. 1
NEW BUSINESS
04:47 A. Adoption of Resolution adopting the County of San Mateo Certification of Votes and
declaring results of Measure O at the Municipal Election held on November 8, 2022
(This item was continued from the City Council Special Meeting of December 8, 2022 )
06:58 B. Adoption of Resolution adopting the County of San Mateo Certification of Votes and
declaring results of Measure U at the Municipal Election held on November 8, 2022
(This item was continued from the City Council Special Meeting of December 8, 2022 )
08:30 C. Consider Adoption of Transactions and Use Tax Ordinance Resolution to Implement the Transactions and Use Tax Ordinance Approved by the Voters and a Resolution Authorizing
Examination of Sales or Transactions and Use Taxes Records
(This item was continued from the City Council Special Meeting of December 8, 2022 )
11:00 D. Introduction of an Ordinance to Administer and Implement the Business License Tax
Imposed on Hotels and Other Places Designed for Occupancy by Transients.
(This item was continued from the City Council Special Meeting of December 8, 2022 )
12:00 ORAL COMMUNICATIONS NO. 2
ADJOURNMENT

A

Six five, four three two and.

B

One welcome to the city council special meeting of December 9th 2022. This meeting is continued from last night's December 8 2022 meeting city clerk Preamble. Please.

A

This meeting is compliant with the Ralph m brown act as amended by California Assembly bill number 361, effective, September, 16 2021, providing for a public health emergency exception to the standard teleconference rules required by the brown Act. The purpose of this is to provide a safe environment for the public staff and council members, while allowing for public participation.

A

The public May address the council using exclusively remote public comment options. The council may take action on any item listed in the agenda. Members of the public May view. The city council meeting by logging into the zoom webinar listed below City Council Members, can also be viewed, live in or on-demand video via the city's YouTube channel youtube.com forward, slash Brisbane CA or on Comcast channel 27.

A

archive videos can be replayed on the city's website. Brisbaneca.Org forward, slash meetings, the city council meeting will be an exclusively virtual meeting. The agenda materials may be viewed online at brisbaneca.org at least 24 hours prior to a special meeting and at least 72 hours prior to a regular meeting.

A

Participants are encouraged to submit public comments in writing in advance of the meeting aside from commenting while in the zoom webinar. The following email and text line will also be monitored during the meeting and public comments received will be noted for the record during oral Communications one and two or during an item. Email, apadilla, brisbaneca.org text 628-219-2922 join the zoom webinar with the ID number.

A

991-936-28666 and the passcode one two three four: five six and the caller number 1669-900-9128. You need special assistance to participate in this meeting. Please contact the city clerk at 415-508-2113 notification in advance. The meeting will enable this city to make reasonable arrangements to ensure accessibility to this meeting. Thank you.

B

Thank you, city clerk uh meetings called order at 1203 PM. Could we have a roll call? Please.

A

Council member Cunningham I'm here council member Davis, is absent. Council member Lance.

A

It's not a not in the meeting at this time and then council, member O'connell president and mayor Mackin,.

B

I'm here, thank you, uh can I get a first and second to adopt the agenda as it stands. Please.

C

I would like to make the motion to adopt the agenda adding the continuation of item A6 from last night's business.

B

D

B

B

C

Yes- and it would be at your discretion at what order. That's the um resolution for the City and County of Brisbane concerning wages, hours and working conditions for the mid management, professional employees, group The.

B

City attorney: are we allowed to do that.

E

Madam mayor I mean that's been that that's going to be on your December 15th agenda, not.

C

Not today, okay, because we had continued that item to tonight so I will make the motion to amend the agenda to approve the agenda and continuing item A6 to the December 15th meeting. Okay,.

E

B

Okay and the second second here, okay, so first O'connell second by Cunningham roll call please, as.

A

A member Cunningham.

B

A

Right so remember, Davis is absent. Council member lens is not in attendance. Yet council, member O'connell and mayor mackett.

B

um I oral Communications do we have any member of the public wishing to speak on any item? That's not on today's agenda! No matter mayor. Okay. Moving on to our continued items, uh we have items A and B. To start I'm told our city clerk will do the staff report.

A

Thank you, madam mayor on July 7 2022, the city council called an election to add section 55.20.035 to the Brisbane municipal code to impose a business license. Tax on hotels and other places designed for occupancy by transients um I have provided a draft resolution in the agenda packet, declaring the results of the election that was held on November, 8th 2022 regarding measure o.

A

The certification of votes has been received this morning, um and so I will attach that certification to the final resolution.

A

um In or the city council will need to have the certified results prior to the start of this meeting, um and so I just wanted to let you know the results um from that certification measure o.

A

A

Let's see um at the yes was by 62.21 for the ones that voted in the vote: centers and vote by mail, so that was um approved by the majority of the voters. Let's again measure oh.

B

Okay, so can we have a um if, unless we have any discussion, can we have a motion to approve the resolution adopting this County of San Mateo certification of votes, declaring the results of measure o at the municipal election held November 8, 2022. I will make that motion and I will second and roll call. Please.

A

Council, member Cunningham, hi, council, member Davis and Lentz are not at the meeting they're absent council member O'connell, hi councilman and mayor Mackin.

B

Hi and moving on to Item B, this is resolution adopting San Mateo certification of votes, declaring the results of measure use staff report, city clerk, please.

A

Thank you, madam mayor on July 7th, the council called an election to add a new chapter 3.22 to the brisbee municipal code, imposing a transaction and use tax to be administered by the California Department of tax and defeat Administration I provided a resolution declaring the results of the election that was held on November 8 2022.

A

Regarding measure U, we have received a certification of votes from the county of San Mateo and in order to take action, the city council needed to have the certified results right to the start of this meeting and in terms of measure U, the majority approval was required and the time of casting the total votes was at 62.21 percent.

B

Can I get a a motion to adopt the resolution adopting County, San, Mateo certification of oats and declaring results of measure U at the municipal election held November 8 2022.

B

so moved? Second, okay motion, O'connell. Second Cunningham roll call vote. Please.

A

Council, member I'm, councilmember Davis and that's our absent council member O'connell, I and Mayor Michael.

B

Aye moving to item C, this is considered adoption of transactions and use tax, ordinance resolutions, implement the transactions and use tax ordinance approved by the voters and a resolution authorizing examination of sales or transactions and use tax records and I'm told we'll have a staff report by a legal counsel, Michael Ralph Michael. You go ahead.

D

Thank you, mayor um in July of 22 Council, adopted a transaction and use tax ordinance to be administered by the California Department of tax and fee Administration, subject to approval by the fresh Bank voters. If that tax measure was approved by the voters, the tax would impose an additional one-half of one percent uh tax, commonly referred to as a sales tax on the sale of goods in the city staff. Estimates that that tax would generate about a half a million dollars for General Municipal purposes.

D

Attacks would be imposed effective, April of 2023., a majority of the Brisbane Brisbane. Voters who voted on the measure did approve it, as indicated by the council's previous action, but in order to implement implement the tax via the the state, Administration that administers the tax requires certain agreements and forms should be executed by the city and a resolution authorizing the manager to sign those agreement has been attached.

D

In addition, the the state requires a resolution indicating which positions within the city or representatives of Community Services LLC, who helps the city, administer its sales tax generally have access to confidential sales and transaction information.

D

Accordingly, we do recommend that the council authorize or approve these two resolutions in order to implement the ordinance which the voters have approved. Any questions I'll be glad to answer.

B

Any questions from Council.

E

B

Okay uh can I get a question to adopt the transactions and use use tax ordinance to implement the transactions and use tax ordinance approved by the voters in a resolution authorizing examination of sales or transactions and use tax records so moved. Second, okay, motion of uh Cunningham sec.

B

B

A

Member Cunningham aye council, member Davis and council member lenser, absent council member O'connell.

B

Aye and mayor Madden, aye and um Michael did you have anything to add to to item D. You actually seen no.

D

I've gone over that.

B

D

No, the the staff report speaks for itself on item D I'll, be glad to answer any questions about that. The proposed ordinance, which we asked the council to uh introduce today, okay.

B

Councilmember O'connell any questions: no council, member Cunningham questions, nope I'll, take a mode Mission uh to adopt an ordinance to administer and implement the business license. Tax imposed on hotels and other places designed for occupancy by transients.

B

C

B

C

The second second.

B

Motion O'connell second Cunningham roll call. Please, council.

A

Member Cunningham, hi, council, member Davis and lens are absent. Council member O'connell, aye and mayor mackett.

B

Aye oral Communications number two: do we have any member of the public wishing to speak at this time.

A

No matter mayor that.

B

Being said, we are adjourned, 12 13 p.m. Thank you. Everyone have a great day. Thank you. Thank you.