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HomeMy WebLinkAboutOrd 14611 2 3 4 5 6 7 8 9 10 11 12 17 18 19 20 21 22 23 24 25 26 JEROME F, COLEMAN Cm ATTORNEY CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, GALIF 94010 ORDINANCE NO. 1461 AN ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 6.52 TO THE BURLINGAME MUNICIPAL CODE ESTABLISHING THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT The CITY COUNCIL of the CITY OF BURLINGAME does hereby ORDAIN as follows: SECTION 1. FINDINGS A. Pursuant to the Parking and Business Improvement Area Law of 1989, Section 36500, Streets and Highways Code, on March 16, 1992, the CITY OF BURLINGAME adopted Resolution No. 23-92 entitled "Resolution of the City Council of the City of Burlingame Declaring its Intention to Establish the Broadway Area Business Improvement District", to levy a benefit assessment on all businesses, trades, professions, and vendors within said District, the proceeds of which shall be used for the public purposes herein described to benefit the businesses in the District. Be Pursuant to said law and the Resolution, the City conducted a public hearing on April 6, 1992, after having given due notice thereof as required by law. All oral and written protests and other comments regarding such proposed actions were heard. Protests from businesses in 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JERO ME F. COLEMAN ATro"Ner CITU OF BU RLIN GAME 6PRIMROSE ROAD RURLINGAME, CALI F.940t0 the proposed District paying fifty percent (50%) or more majority of the proposed assessment were not received at said meeting. C. Following the closure of said hearing the matter was continued to June 1, 1992 for decision by this Council; further written comments were received and considered prior to and at said continued meeting. D. The City Council has now determined to establish the proposed District as a parking and business improvement area, to provide for the imposition of a benefit assessment and to adopt an ordinance to such effect. E. Assessments levied through the District will benefit all businesses and properties within the District directly or indirectly, and are not taxes for the general benefit of the City but confer special benefits upon the businesses for which the actives are provided. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: SECTION 2, Chapter 6.52 is hereby added to the Burlingame Municipal Code, providing as follows: "Chapter 6.52 BROADWAY AREA IMPROVEMENT DISTRICT Section 6.50.010 - Definitions. In order to distinguish between District businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply: 2 6 7 8 9 10 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTO RN[v CITY OF BUR LIN GAME 5PRIMROSE ROAD BURLINGAME, CALIF. B40t0 (a) "Retail" businesses include 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. (b) "Restaurant" businesses include cafes, eating establishments, sandwich shops, dinner houses, restaurants, fast food services and other similar businesses. (c) "Service" businesses include general office, news and advertising media, printers, photographers, personal care facilities and outlets, contractors/builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses and other similar businesses not otherwise included in the other definitions of this Section. (d) "Professional" includes 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 and designers. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JERO ME F. COLEMAN OITY OF BURLIN GAME SPRIMROSE ROA= BURLINGAMEI CALIF.96O10 (e) "Finance" shall mean a business that offers bank, savings & loan, thrift, or credit union financial services. (f) "Government" shall mean public, local, state or federal agencies. (g) "Fiscal Year" means July 1st to and including June 30th of the following year. (h) "District" is the Broadway Area Business Improvement District. Section 6.52.020 Establishment of Boundaries A parking and business improvement district known as the "BROADWAY 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 sea. The boundaries of the District shall be as set forth on Exhibits "A" and "B", attached to Ordinance No. 1461. Section 6.52.030 Advisory Board, The City Council shall appoint the first Advisory Board, which shall consist of eleven members. The members of said initial board shall draw lots so as to classify five members with terms of one year and six members with terms of two years. At the end of such terms new 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 Board shall incorporate as a non-profit 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN Cm AnORNEY CITY OF BURLINGAME 301 PRIMROSE ROAD BURUNGAME, CALIF 94010 corporation within six months of its appointment. 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 levied, and do those things required by the Streets and Highways Code to be performed by the Advisory Board, Section 6.52.040 Establishment of Benefit Assessments. All businesses, trades and professions located within the District boundaries shall pay an annual benefit assessment to the District for each fiscal year in the following amounts: Section 6.52.050 Purpose and Use of Benefit Assessments All funds derived from the assessment 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 of Business Types Empl. Retail & 4+ $450 Restaurant 1-3 $300 service 3+ $250 1-2 $150 Professional 3+ $200 1-2 $150 Financial $500 Section 6.52.050 Purpose and Use of Benefit Assessments All funds derived from the assessment 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 1 2 3 6 7 8 9 10 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN n ATTORNEY CITY OF BU RLINGAME SOI PRIMROSE ROAO BURLINGAME. CALIF.94010 District shall not be used to offset or diminish maintenance, capital improvement and/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: 1.) Streetscape Beautification, Seasonal Decorations and Public Arts Programs a. Erect a district sign on E1 Camino Real b. Place kiosks for posting local events, public information, local business information, and for relocation of newspaper racks c. Place benches along Broadway d. Seasonal street plantings of flowers e. Seasonal flags and banners and relocation of City signs f. Sidewalk enhancement and maintenance 2.) Business Recruitment and Retention a. Shopper preference survey to determine most desired new businesses b. Develop strategy to fill comm ercial vacancies c. Small business assistance workshops. 3.) Parking a. Remove parking meters C^ 4 5 6 7 8 9 10 15 16 17 18 19 20 21 22 23 24 25 26 JERO ME F. COLEMAN Arronn ev CITYCOF RURLIN GAME 3PRIMROSE ROAU BURLINGAME, GLIF, 94010 b. Create more effective directional signage to lots c. Sponsor parking maps and/or directories d. Annual contribution to parking facility development and maintenance fund 4.) Commercial Marketing, Public Relations and Advertising a. Create cable T.V. and radio spots b. Produce seasonal direct mail pieces c. Organize special events throughout the year 5.) Shuttle Establish a people mover system between the area and the hotel district, to be funded on a cooperative cost sharing basis. Section 6.52.060 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 (b) a non-profit organization, as defined by section 6.04.040 of this code, located within the District. Section 6.52.070 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 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 JEROME F. COLEMAN Cm Arronrvev CITY OF BURLINGAME 6PRIMROSE ROAD BURLINGAME, CALIF 94010 without charge and will, forward collected funds to the Advisory Board monthly, Section 6.52*080 Late Payment Penalties and Pror.tions: Lute paymcit p®na.lties shall be applied to businesses that do not provide th"i.a: raspect:i.:%e assessment payments in the same time, manner, and amount: as penalties upon late pF2yraent of Cit.}'busiric:ss l.i.cens;^s. ?ssessmIpnts -. shall be prorated for n.ew business in the same manner as Cit:v business licenses. Section 6.52.090 Annual. Budget Process (a) The Advisory Beard shall present an annual budget for City Council review and approval pr:tor t.o the beginning of each fiscal year, (b) The City shall not adopt, incdii'y or otherwiste amend any fiscal year budget of the District that is inconsistent in any way with said fiscal year bud et ri,: agreed to and presented by the Advisory Boar: , except in the case of a written majority protest (regarding elimination or modifications of any specific budget. item) from business owners whe will pay fifty percent (50%) or more of the assessments proposed to be levied as to any specific budget item pursuant to Covernment Code Section ;6525 (b) . In such case the written c_,r;test regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the proposed budget. (c) The original assessment formula shall not be e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORNEY CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CALIF 94010 increased unless .requested by a. majority of the businesses located within the District. (d) Decisions of the A:1vis.Dry Board regarding expenditures of all funds generated under these programs shall be final to the axtent they are consistent with the District's fiscal year budget adopted by the City Council. SECTION _3_ If any sect:i.on, subsect.i.oir, subdivision, paragraph, clause or phrase of the Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof and the City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective. SECTION _4. This ordinance shall have no force or effect after June 30 SECTION 5. required by law. 1995. This C C as 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORN Ev CITY OF BUR LINGAME 5PRIMROSE ROAD BURLINGMIE, CALIF.94010 I, JUDITH A. MALFATTI, 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 6th day of April , 1992, and was adopted at a regular meeting of the City Council held on the 1st day of June, 1992 , by the following vote: AYES: COUNCILMEMBERS: HARRISON, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: L/ CITY CLERK 10 e of 6 BROADWAY AVENUE BUSINESS IMPROVEMENT DISTRICT ,P ror• ROLLINGSol ec• 100 f2s5fmill fe i q - m v+¢� ry b b" 'mw'pwgvm35p«F�-5' .• eta so 44 .,121 1051 ;.i iii 1t4 t e t 7 to S ryp� ell 1 ;1 sof o j $ G....« s1 s m t 3 g t �— tt e"' tee°s x �d�4 go 9 1go All tz . 65Mk .,121 1051 ;.i iii 1t4 t e t 7 to S ryp� ell 1 ;1 sof o j /••f G....« a=+:N m ,C� MIS 1 ;1 sof 0 j /••f G....« t 3 g t �— tt e"' I gl �d�4 All tz . GARoL.A�_ =er1T 1a g lkl eft. i zit X11 u10 a p �9 • of z ra Nt 'a�$ P° Ia. i r 20 9 C J o- ad ra a Sao, EL. CAM1N0 EXHIBIT "A" 0 j /••f G....« t 3 g t tt e"' I gl � All tz . GARoL.A�_ =er1T 1a g lkl eft. i zit X11 u10 a p �9 • of z ra Nt 'a�$ P° Ia. i r -h. C J o- ad ra a Sao, EL. CAM1N0 EXHIBIT "A" RIVE 1 t Fx ra ^ s� i s f{ a 1� W P ei it' 3« r « �. 1 ULA VISTA a S CH a °"°`,I+ e 111t 27 to to +f i+ +p N t at 8 it 4lAGUNAvap " elf, ,} s zn � 1A a a� 1g2 �^«t io sAo t°PA�OMAs q j us Jill att f Its +d r rpt r GAp UGHIN0 r elf `'�e" air zk ;f i+ a+1 a �' ° 1g, ig REnI. �„�`v4eLrl 1'n 0 j /••f G....« 3 g too All tz . GARoL.A�_ =er1T RIVE 1 t Fx ra ^ s� i s f{ a 1� W P ei it' 3« r « �. 1 ULA VISTA a S CH a °"°`,I+ e 111t 27 to to +f i+ +p N t at 8 it 4lAGUNAvap " elf, ,} s zn � 1A a a� 1g2 �^«t io sAo t°PA�OMAs q j us Jill att f Its +d r rpt r GAp UGHIN0 r elf `'�e" air zk ;f i+ a+1 a �' ° 1g, ig REnI. �„�`v4eLrl 1'n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 JEROME F. COLEMAN Tr.nTrO RN Ev CITU OF BU RLINGAME 601 PRIMROSE ROAD BURLINGAME, GLIF.94010 EXHIBIT B STREET ADDRESS DESCRIPTION OF BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT 1000 to 1480 Broadway; 1190 California Drive; 1199 Chula Vista Avenue; 1188 El Camino Real. CITY OF BURLINGAME SUMMARY OF ADOPTED ORDINANCE ESTABLISHING BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. 1461 adopted June 1, 1992: Establishes Broadway Area Business Improvement District; defines categories of businesses; describes boundaries; establishes advisory board; sets annual benefit assessment and describes uses of funds; describes collection procedures and budget process; provides for "sunset" of district. AYES: COUNCILMEMBERS: HARRISON, LEf1BI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: NONE A certified copy of said adopted ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated:!. COLEMAN, City Attorney