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RESOLUTION NO. 47-2007
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE CITY AND COUNTY
OF SAN FRANCISCO, ACTING BY AND THROUGH ITS
AIRPORT COMMISSION, REGARDING THE APPLICATION OF
THE CITY OF SOUTH SAN FRANCISCO'S BUSINESS LICENSE
TAX TO COMMERCIAL PARKING FACILITIES AT THE SAN
FRANCISCO INTERNATIONAL AIRPORT
WHEREAS, Section 6.16.047 ofthe South San Francisco Municipal Code imposes a
business license tax on the operation of "commercial parking facilities" ("the Tax").
WHEREAS, the City and County of San Francisco, acting by and through its Airport
Commission, ("the Airport") operates commercial parking facilities at the San Francisco
International Airport.
WHEREAS, part of one ofthe Airport's commercial parking facilities lies within the
City of South San Francisco.
WHEREAS, a dispute has arisen between the Airport and the City of South San
Francisco regarding the application by the City of South San Francisco of the Tax to the
private contractor who manages the Airport's commercial parking facility that lies partially
within the City of South San Francisco.
WHEREAS, the Airport has agreed to pay the Tax on behalf ofthe private contractor
who manages the Airport's parking facility that lies partially within the City of South San
Francisco although by doing so the Airport is not agreeing that the contractor is subject to the
Tax.
WHEREAS, representatives ofthe Airport and the City of South San Francisco have
negotiated a proposed agreement that would establish how the Tax shall be applied to any
private contractor managing a commercial parking facility for the Airport within the City of
South San Francisco. A draft of this proposed agreement attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that the City Manager ofthe City of South San Francisco is hereby authorized
to execute on behalf of the City Council of the City of South San Francisco an agreement
establishing how the Tax shall be applied to any private contractor managing a commercial
parking facility for the Airport within the City of South San Francisco under terms that are
substantially similar to those in the draft agreement attached hereto as Exhibit "A." The
form of the final agreement executed by the City Manager must be approved as to form by
the City's Special Counsel in this matter.