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Home My WebLink AboutReso - CC - 038-2015RESOLUTION NO. 38-2015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO RENEW THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT, TO ESTABLISH 2015-16 ASSESSMENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT, AND APPROVING THE 2014-15 ANNUAL REPORT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the City Council of the City of Burlingame established the Broadway Area Business Improvement District (`RABID") in 1992 for the purpose of promoting economic revitalization and physical maintenance of said business district, and WHEREAS, the BABID Advisory Board has filed its 2014-15 annual report with the City Clerk; and WHEREAS, the BABID has provided important services in enhancing the Broadway business area, its businesses and properties; and WHEREAS, at the request of the BABID Advisory Board, the City Council desires to initiate proceedings to renew and reestablish the BABID and to levy the assessments in connection with the BABID for Fiscal Year 2015-16. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. The City Council accepts and approves the 2014-15 annual report of the Broadway Area Business Improvement District. 2. The Burlingame City Council hereby declares its intention to renew and reestablish the BABID. The renewed and reestablished BABID will continue the existing programs and assessments of the existing BABID and will have the same boundaries as the existing BABID. These boundaries are set forth in the map attached hereto as Exhibit "C", and incorporated herein by reference. With that action, the City Council intends to ratify the assessments levied pursuant to the annual assessment procedures under Streets and Highways Code 36500, et seq. and provided for in resolutions 40-2013 and 39-2014. 3. The Burlingame City Council further declares its intention to levy an assessment for the 2015-16 fiscal year on businesses in the BABID to pay for improvements and activities of the District. 4. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the BABID are set forth in Exhibit "A", incorporated herein by reference; these activities and improvements are without change from those previously established for the BABID. 5. The method and basis of levying the assessments on the businesses in the BABID and the amounts of those assessments are set forth in Exhibit B, incorporated herein by reference. The method, basis and amounts of the BABID assessments, are unchanged from those levied in the previous fiscal year and are as set forth in Ordinance No. 1461 of the City Council. 6. New businesses shall not be exempt from assessment. 7. A public hearing on the proposed ordinance to renew and reestablish the BABID and to provide for assessments for 2015-16 is hereby set for May 18, 2015 at 7:00 p.m., in the Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California. 8. The City Council will receive testimony and evidence at the public hearing, and interested persons may submit written comments at the public hearing, or they may be sent by mail or delivered to the City Clerk prior to the public hearing, at 501 Primrose Road, Burlingame, CA 94010. 9. At the public hearing, any and all persons may make oral or written protests against the renewal of the BABID or the proposed assessment. In order for a person's protest to be counted in the majority protest against the proposed renewal or assessments or programs and services for 2015-16, the individual must submit the protest in writing to the City Clerk at or before the close of the public hearings on May 18, 2015. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall identify the business and its address, include a description of the business and state the number of employees of the business. If the person signing the protest is not shown on the official records of the City of Burlingame as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or sufficiency of the proceeding shall be in writing and clearly state the irregularity or defect to which objection is made. 10. At the conclusion of the public hearing, if the City Council determines that there are of record written protests by the owners of businesses within the BABID which will pay fifty percent (50%) or more of the total assessments of the entire BABID, as to the proposed renewal of the District or to the proposed assessments for 2015-16, the City Council will not renew the BABID or levy any assessment for 2015-16. At the conclusion of the public hearing, if the City Council determines that there are of record written protests by the owners of businesses within the BABID which will pay fifty percent (50%) or more of the total assessments of the entire District only as to a particular improvement or activity proposed, then that particular improvement or activity will not be included in the District for the 2015-16 fiscal year. 2 11. If there is not a majority protest pursuant as set forth in Section 10 of this Resolution, the City Council may, following the public hearing, adopt an ordinance that (i) renews and reestablishes the BABID and (ii) amends Ordinance No. 1824 to rescind Section 2 (relating to the sunset of the BABID) of Ordinance 1824. It is the intent of the City Council that the adoption of said ordinance will (i) recognize the continuous, unbroken, and ongoing existence of the BABID since the effective date of Ordinance 1824; (ii) permit the future existence of the BABID unless and until disestablished by the City Council and (iii) ratify all actions taken by the City Council to levy the annual assessment since the adoption of Ordinance 1824. 12. Further information regarding the proposed renewal and assessments and the procedures for filing a written protest may be obtained from the City Clerk, Burlingame City Hall, 501 Primrose Road, Burlingame, California, 650-558-7203. 13. The City Council directs the City Clerk to provide notice of the May 18, 2015 public hearing by publishing notice as well as this Resolution in a newspaper of general circulation in the City of Burlingame in accordance with the requirements of the Government and Streets & Highways Codes and mailing them in accordance with those requirements as applicable. Terry Nagel, May I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 20th day of April, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE DLvl 5& L� Mary Ellen Kearney, City Clerk EXHIBIT A TYPES OF IMPROVEMENTS AND ACTIVITIES PROPOSED TO BE FUNDED BY THE LEVY OF ASSESSMENTS 1) Streetscape Beautification, Seasonal Decorations, and Public Arts Programs a. Seasonal street plantings of flowers. b. Seasonal flags and banners. f. Sidewalk enhancement and maintenance. 2) Business Recruitment and Retention a. Matching funds for storefront improvement incentive b. Develop strategy to fill commercial vacancies. C. Small business assistance workshops. 3) Commercial Marketing, Public Relations, and Advertising a. Organize special events throughout the year. 4) Shuttle Establish a people mover system between the area and the hotel district, to be funded on a cooperative cost sharing basis. 11 EXHIBIT B BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT BASIS* BUSINESS TYPE RETAIL & RESTAURANT SERVICE PROFESSIONAL FINANCIAL NO. OF STAFF ** ANNUAL ASSESSMENT 4+ ---------------- ----------------------------------------- $450 ---------------------- 1-3 1-3 $300 3+ ---------------- ----------------------------------------- $250 ---------------------- 1-2 1-2 $150 3+ ---------------- ----------------------------------------- $200 ---------------------- 1-2 1-2 $150 NA $500 * ----- Amount shown is annual total * * --- Staff means any persons working (full time or full time equivalency) including owners, partners, managers, employees, family members, etc. Business Definitions (Burlingame Municipal Code § 6.52.010): Retail ❑ Businesses that buy and resell goods. Examples are clothing stores, shoe stores, office supplies, etc. Restaurant ❑ Selling prepared food and drink. Service ❑ Businesses that sell services. Examples are beauty and barber shops, repair shops that do not sell goods, contractors, auto shops, etc. Professional ❑ Includes engineering firms, architects, attorneys, dentists, optometrists, physicians, realtors, insurance offices, etc. Financial ❑ Banks, savings and loans, household finance companies, etc. 14 if u i Ib EL . LEGEND ZONE A — ZONE E BROADWAY AVENUE BUSINESS IMPROVEMENT DISTRICT EXHIBI C RDLLINB R' k' /OLr •� " calf. /fil! \ ''may' MRI Nrt rV IOY H'r')®�. nr KL a4PM. P.L': s IM° A,IGr • _ '/