HomeMy WebLinkAboutOrd 14611
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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
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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:
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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.
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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
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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
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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
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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
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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
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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
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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
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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