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HomeMy WebLinkAboutOrd 0933ORDINANCE NO. 933 AN ORDINANCE ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA BURLINGAME AVENUE CENTRAL BUSINESS DISTRICT WHEREAS, pursuant to the provisions of the Parking and Business Area Improvement Law of 1965, proceedings have been in- stituted by the Council of the City of Burlingame, on its own mo- tion, to establish a parking and improvement area, to establish benefit zones, and to impose a tax which shall be in addition to the general business license tax of said City on all businesses within said area for the purpose of decoration of the public area hereinafter described; and WHEREAS, the City Council of said City on March 15, 1971, adopted its Resolution of Intention No. 16-71, giving notice of its intention to establish a parking and improvement area, to es- tablish benefit zones, and to impose a tax which should be in ad- dition to the general business license tax of said City on all businesses within said area for the purpose of decoration of the public area hereinafter described; and WHEREAS, said Resolution of Intention No, 16-71, contained a description of the proposed parking and improvement area, a notice of the time and place of hearing to be held by the Council to consider establishment of the area, the proposed uses to which the proposed revenue shall be put, and the additional license tax proposed to be levied and a description of the zones of benefit proposed to be established; and WHEREAS, a copy of said Resolution of Intention No, 16-71 was duly published in the Burlingame Advance Star, a newspaper of 'general circulation published in the City as evidenced by the Af- 'fidavit of Publication thereof on file in the office of the City :Clerk, as required by Section 36022 (a) of the Streets and Highways i Code of the State of California; and -1- WHEREAS, a complete copy of said Resolution of Intention No. 16-71 was duly mailed to each business within the area of the proposed parking and business improvement area at least ten (10) days prior to April 5, 1971, as evidenced by the Certificate of Mailing thereof on file in the office of the City Clerk, as re- quired by 536022(b) of the Streets and Highways Code of the State of California; and WHEREAS, on Monday, April 5, 1971, at the hour of 8:00 o'clock, PaM., in the Council Chambers of the City Hall, 501 Prim- rose Road, Burlingame, California, at a regular meeting of said City Council, said date, time and place being the day, hour and place fixed in its Resolution of Intention No. 16-71, the said City Council heard protests and received evidence for and against the establishment of the proposed parking and business improve- ment area, the proposed uses to which the proposed revenue shall be put, and the additional license tax proposed to be levied and the zones of benefit proposed to be established; and WHEREAS, all persons interested desiring to be heard were fully heard, and all oral protests or objections made at the hearing to the ordering of the things proposed to be done, and all written protests to the ordering of said things or relating to the regularity or sufficiency of the proceedings setting forth the irregularity or defect to which objections were made, and which were filed with the City Clerk of this City at or before the time fixed for the hearing, were fully heard and considered by this Council; and WHEREAS, there is in the City of Burlingame a general li- cense tax and protests were not made by businesses in the proposed parking and business improvement area which pay a majority of the -�aor the general business license tax: Resolution No. 16-71, entitled "A Resolution of Intention to Es lisp a Parking and Improvement Area - Burlingame Avenue Central Business District°', adopted March 15, 1971, 24 A hearing upon the establishment o£ the '°Burlingame Avenue Central Business District .Parking and Business Improvement Area of the City of Burlingame" was duly and regularly heard by said City Council pursuant to said Resolution of Intention No. 16- 71, on Monday, April 5, 1971, at the hour of 8:00 o'clock, P.M., in the Council Chambers of the City Hall, 501 Primrose Road, Burlingame, California, at which time protests were heard and evi® deuce, oral and documentary, was presented for and against the es- tablishment of said parking and business improvement area, the pro posed uses to which the proposed revenue shall be put, and the ad- ditional license tax proposed to be levied and the zones of bene- fit proposed to be established. 3. Said Resolution of Intention 4 16-71 and the proceedings heretofore had thereon or therefor are valid and fully conform to the provisions of the Parking and Business Improvement Law of 1965 (Streets and Highways Code §§36000 - 36081, inclusive) and all protests in writing relating to the regularity or sufficiency of the proceedings filed with said Clerk of this City at or before the time fixed for said hearing are hereby overruled. 4. There is in the City of Burlingame a general license separate zones of benefit within said parking and business im- provement area, which said separate zones are as designated and described in Exhibit '°B" hereto attached and incorporated herein by reference. 8. The Burlingame Avenue Central Business District Parking and Business Improvement Area Fund is hereby established and $250,000.00 is hereby transferred thereto from the general fund, which amount is to be used to finance the construction of public improvements within the boundaries of said area, described in Exhibit:. 01 C'° hereto attached and incorporated herein by reference. 9a $200,000.00 of said amount of $250,000.00 is a loan to said fund to be repaid from the. proceeds of the additional tax hereinafter levied which shall be in addition to the general busi- ness license tax of said City, shall be imposed on all businesses within said area, and shall be imposed at rates within each zone based on the degree of benefit derived from the improvements in each zone. 10. The total amount of said loan is to be repaid from the proceeds of said additional tax over a period of 10 years with interest computed at the rate of 6-1/2� per annum, and with prin- cipal payments amortized in such a fashion that the total annual payments of principal and interest throughout the ten year period are equalized at $20,000.00 per year. 11. The uses to which the revenue shall be put shall be decoration of the public places in the area described in said Exhibit 11A°', said uses to be accomplished through repayment of the City loan as described above. 12p The additional levy against all businesses operating within the area shall be in proportion to the front footage of the lands on which the business is being conducted as determined by th City Engineerp and the maximum rates per front foot for each year during the 10 -year period of the additional levy for various businesses conducted on the ground floor and on the second or higher floors within said area are as follows, to wit: -4- ZONES Zone A-1 Zone A -2(a) and (b) Zone B-1 Zone B-2 (a) and (b) ANNUAL RATES OR FEES $ S.00 per front foot 20a00 flat fee m.70 per £cont foot 10.00 flat fee 13. Said additional tax shall be levied and collected from all businesses, including professions, utility companies and all other business who are or may legally be subject to the payment of business license taxes under existing City ordinances, and shall be levied, collected and enforced in the same manner, at the same time and with the same penalties and interest as the general business license tax of said City. The first of said annual levies shall be made during the fiscal year 1971-72. 14. All businesses within the area that are exempt £rom the City business license tax by virtue of the Constitution of the State of California shall be requested to make voluntary contri- butions to the Area computed on the same formulae as said addi- tional tax. MAY R I, HERBERT K. WHITE, 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 5th day of April 1971, and adopted thereafter at a regular meeting of the City Council held on the I.Q. day of A2ril , 1971, by the follow- ing vote: AYES: Councilmen: Amstrup,Crosby ,Johnson,Mangini NOES: Councilmen:M artin ?-�SENT: Councilmen: Norte HERBERT K. wHiTE, CITY ULERK -5- All that real property situate in the City of Burlingame ounty of San Mateo, State of California, lying within and bei;rg a portion of "SUPPLE29ENTARY MAP to MAP Noo 1 of the '!mown of Burlingame" said map being filed in Volume B of Maps at mage 28, an Mateo county Records and " AP No. 2 of the property of ''1'F ':J BURLINGAME LAND CO®, San Mateo County" said map being filed in ap Book D at page 38 on February 20, 1905, San Mateo County Records and being described as follows: All that real property withfrontage on the Following s'creets; Burlingame Avenue from Main County Road (El Camino Rea,.) to San Mateo Drive (California Drive% Northeasterly side only of Main County Road (El Camino Real from Howard Avenue ,to Chapin Avenue Primrose Road from Howard Avenue to a point 41508 feet northwesterly of the northwesterly right-ofaway line of Burlingame Avenue„ Park Road from Howard Avenue to Burlingame Avenue Middlefield Road (Lorton'Avenue) from Howard Avenue to Burlingame Avenue - Main Street (Lorton Avenue) from Burlingame Avenue to a point 415 feet'northwesterly of the northwesterly right-of-way line of Burlingame Avenue. Southwesterly side only of Highland Avenue from Howard Avenue to San Mateo Drive (California Drive) Southwesterly side only of San Mateo Drive (California Drioc) from Highland Avenue to ,rain Street Lcrto:z Avenue] Hatch Lane,. a 20 foot alley extending from Howard Avenue to Burlingame Avenue and lying equidistant- and parallel to Middlefield Road 'Lorton Avenue and Highlan6 Avenue. EXHIBIT "A" EXHIBIT `°B" SEPAR,TE BENEFIT ZONR Zone A--1 A11 ground floor businesses ron;ting' on Buriir.garne Avenue Zone A -2(a) All se and story and higher businesses fronting on Burlingame Avenue Zone A -2(b) All ground floor businesses having access to game Avenue where special tax cannot be allocated on a front foot basis Zone D-1 Ali ground floor businesses which do noc front on Burlingame Avenue Zone B~2(a) All second story and higher businesses fronting on any street within the district except Burlingame Avenue Zone B -2(b) All ground floor businesses having access to any street within the district, except Buriinga.Ie_ Avenue, whose special tax cannot be allocated on a front foot basis E" IBIT o:BU