HomeMy WebLinkAboutOrd 17352
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ORDINANCE NO. 1735
ORDINANCE OF THE CITY OF BURLINGAME ADOPTING CHAPTER 6.54
ESTABLISHING THE BURLINGAME AVENUE AREA BUSINESS
IMPROVEMENT DISTRICT PURSUANT TO CALIFORNIA STREETS AND
HIGHWAYS CODE SECTIONS 36500 AND FOLLOWING
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as
follows:
Section 1. Merchants and business owners in the Burlingame Avenue Commercial
Area and the Interim Advisory Board for the formation of the Burlingame Avenue Area
Business Improvement District have asked the City of Burlingame to form a business
improvement district to adequately fund and serve the promotion of businesses in the
proposed district and improvements and programs in the proposed district. This district is
formed pursuant to California Streets and Highways Code sections 36500 and following
after public hearings and notices as required by State law. The district will encompass much
of the Burlingame Avenue Commercial Area. Assessments will be annually levied on
businesses in the district on an annual basis to fund the activities and programs described in
this ordinance. The assessments will be subject to annual review. An advisory board will
make an annual report and recommendation on assessments and programs, and will be
responsible for pursuing the programs and activities.
Section 2. Anew Chapter 6.54 is added as follows:
Chapter 6.54
BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT
Sections:
6.54.010
6.54.020
6.54.030
6.54.040
6.54.050
6.54.060
6.54.070
6.54.080
6.54.090
I/I
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Definitions.
Establishment of Boundaries.
Advisory Board.
Establishment of Benefit Assessments.
Purpose and Use of Benefit Assessments.
Exclusions from Benefit Assessment.
Collection of Benefit Assessment.
Late Payment Penalties and Prorations.
Annual Budget Process.
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Section 6.54.010 Definitions,
The following definitions shall apply to this chapter:
(a) strict" means the Burlingame Avenue Area Business Improvement District.
(b) "Financial" means a business that offers bank, savings &loan, thrift, title
insurance, or credit union financial services.
(c) "Fiscal year" means July 1 to and including June 30 of the following year.
(d) "Government" shall mean public, local, state or federal agencies.
(e) "Professional" means attorneys, architects, engineers, surveyors, physicians,
dentists, optometrists, chiropractors and others in a medical/health service field, consultants,
real estate brokers, laboratories (including dental and optical), hearing aid services, artists,
insurance brokers, and designers.
(f) "Retail" means businesses that buy and resell goods and includes all businesses
not covered by other definitions set out in this Section, at least fifty percent (50%) of whose
gross income is derived from "retail sales" as that term is defined under the California Sales
and Use Tax Law. The fact that a substantial part of its business consists of sales and other
than retail sales does not exclude said business from this classification so long as such other
business component does not account for more than fifty percent (50%) of said business'
gross income.
(g) "Restaurant" means businesses that sell prepared food and drink an
d includes
cafes, eating establishments, sandwich shops, dinner houses, restauran
ts, fast food services,
and other similar businesses.
(h) "Service" mean
s businesses that sell services, include general offices, news and
advertising media, printers, photographers, personal care facilities an
d outlets,
contractors/builders, service stations, repairing and servicing businesses, automobile repair
shops, insurance brokers, renting and leasing businesses, utilities, vending machine
businesses, beauty service, and other similar businesses not otherwise included in the other
definitions of this section.
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Section 6.54.020 Establishment of Boundaries.
A parking and business improvement district known as the BURL GAME
AVENUE AREA BUSINESS IMPROVEMENT DISTRICT" is hereby established pursuant
to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code
Section 36500 et seq. The boundaries of the District shall be as set forth on Exhibits "A"
and "B". attached to Ordinance No. 1735.
Section 6.54.030 Advisory Board.
There shall be an advisory board, which shall consist of seven (7) members.
Members shall be elected for a term of two years by the businesses participating in the
district. Voting shall be based on the value of the benefit assessments. The members of the
board shall be classified so that the terms of four (4) members shall expire during one year,
and the terms of the other three (3) members shall expire the following year. Board
members shall represent businesses which have currently paid the annual benefit assessment.
The board shall make recommendations to the city council on expenditure of district
revenues, make an annual report for each fiscal year for which assessments are to be levied,
and do those things required by the Streets and Highways Code to be performed by the
advisory board.
Section 6.54.040 Establishment of Benefit Assessments.
All businesses located within the District boundaries shall pay an annual benefit
assessment to the district for each fiscal year as levied by the city council. The annual
amount for each type of business shall not exceed the following amount without adoption of
an ordinan
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ce amendment pursuant to state law:
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ANNUAL ASSESSMENT
BUSINESS TYPE NO. OF STAFF **
SUBAREA A I SUBAREA B
SERVICE
PROFESSIONAL
FINANCIAL
6+ .................$600
---------
----------- ------
1 - 5
$350
$250
6+
----------------------
$400
------------------------
$300
------------------
3 -5
----------------------
$300
------------------------
$200
1-2
$200
------------------
$100
6+
----------------------
$350
------------------------
$250
------------------
3 -5
---------1 --------
$250
--------- ....................100.......--
$150
_-2
$200
1+
$550
$550
Section 6.54.050 Purpose and Use of Benefit Assessments.
All funds derived from the assessments will be used for the enhancement and
appearance of the district and promotion, advertising and image building for the businesses
within the district. Funds derived from the district shall not be used to offset or diminish
maintenance, capital improvement or business promotion programs currently sponsored by
the city within the district. The types of improvements and activities proposed to be funded
by the levy of assessments on businesses in the district are as follows:
(a) Streetscape Beautification, Seasonal Decorations, and Public Arts Programs,
including:
(1) Seasonal street plantings of flowers.
(2) Street trees.
(3) Sidewalk enhancements and maintenance.
(4) Planters.
(5) Benches.
(6) Trash receptacles.
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(7) Electrical outlets and supply.
(8) Seasonal decorations
(b) Commercial Marketing and Advertising, including:
(1) Signage.
(2) Website design and maintenance.
(3) Print, radio, television, and electronic advertising.
(4) Publications £or use with hotels and the San Mateo County Convention &
Visitors Bureau
(5) Explorer hotel book.
(6) Concierge training.
(c) Promotional and special events, including:
(1) Holiday open house.
(2) Semi-annual sidewalk sale events.
(3) Spring open house event.
(4) Performances, concerts, readings, eta
(d) Business recruitment and retention, including:
(1) Matching funds for storefront improvement incentive.
(2) Development of strategies to fill commercial vacancies.
(3) Small business assistance workshops.
(e) Shuttle Service
(1)Contribute to shuttle operation connecting hotels and Burlingame Avenue Area.
(f) Personnel
(1) Fund a partial salary for a person to administer district programs, organize
events, and promote the distr
ict.
Section 6.54.060 Exclusions from benefit assessment.
No person or business shall be required to pay an
assessment if it is:
(a) A residential use of the property within the district, or
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(b) A non-profit organization, as defined by section 6.04.040 of this code, located
within the district.
Section 6. 54.070 Collection of Benefit Assessment.
The benefit assessment authorized by this chapter shall be billed and collected at the
same time and manner as city business licenses. The city will make such collections and
will forward collected funds to the advisory board monthly.
Section 6.54.080 Late Payment Penalties and Prorations.
Late payment penalties shall be applied to businesses that do not provide their
respective assessment payments in the same time, manner, and amount as penalties upon late
payment of city business licenses. Assessments shall be prorated for new business in the
same manner as city business licenses.
Section 6.54.090 Annual Budget Process.
(a) The advisory board shall present an annual budget for city council review and
approval prior to the beginning of each fi
scal year..
(b) The city shall not adopt, modify or otherwise amend any fiscal year budget of the
district that is inconsistent in any way with the fiscal year's budget as agreed to an
d presented
by the advisory board, except in the case of a written majority protest (regarding elimination
or modifications of any specific budget item) from business owners who will pay fifty
percent (50%) or more of the assessments proposed to be levied as to any specific budget
item pursuant to Government Code section 36525. In such a case, the written protest
regarding any specific budget item shall be grounds to eliminate or modify said expenditure
from the proposed budget as provided by State law.
(c) Decisions of the advisory board regarding expenditures of all funds generated
under these programs shall be final to the extent they are consistent with the district's fiscal
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year budget adopted by the city council.
Section 3. This ordinance shall be published as required by law.
Mayor
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 19'
day of April, 2004, and adopted thereafter at a regular meeting of the City Council held on
the 3`d day of May, 2004, by the following vote:
AYES:COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL,O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Clerk
S:\Ordinances\ord 1735.ord. doc
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EXHIBIT A
DESCRIPTION OF BOUNDARIES OF
BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT
DISTRICT IN GENERAL
The Burlingame Avenue Area Business Improvement District shall encompass:
1) All
of Subarea A of the
Burlingame
Avenue Commercial Area
as described in
Ordinance No.
1214, as amended
by Ordinance
No. 1621 ("Subarea A");
and
2) All of Subarea B of the the Burlingame Avenue Commercial Area as described in
Ordinance No. 1214, as amended by Ordinance No. 1621, with the exception of businesses
located on:
a) California Drive north of 401 California Drive; or
b) Douglas Avenue; or
c) Floribunda Avenue; or
d) Oak Grove Avenue; or
e) Park Road south of 149 and 180 Park Road; or
f) Primrose Road south of Howard Avenue; but
including businesses located at 1080 Howard Avenue ("Subarea B").
ZONES WITHIN THE DISTRICT
Zone A
Zone A shall encompass all of the area of the District described as Subarea A above.
Zone B
Zone B shall encompass all of Subarea B with the exceptions and inclusions described above.
MAP OF DISTRICT
A Map showing the actaul boundaries of the District is on file at the Office of the City Clerk
located at 501 Primrose Road, Burlingame, California.
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