HomeMy WebLinkAboutReso - CC - 076-2015RESOLUTION NO. 76-2015
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING THE 2014-15 BURLINGAME AVENUE AREA BUSINESS
IMPROVEMENT DISTRICT ANNUAL REPORT AND DECLARING ITS
INTENTION TO ESTABLISH AND LEVY 2015-16 ASSESSMENTS FOR
THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT
WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the
City Council of the City of Burlingame originally established the Burlingame Avenue Area Business
Improvement District ("DBID") for the purpose of promoting economic revitalization and physical
maintenance of said business district, and
WHEREAS, a majority protest was made against renewal of the DBID in 2007 and,
accordingly, the DBID was not renewed at that time; and
WHEREAS, in 2010 the DBID was re -instituted after the City Council amended the
ordinance to revise the method and amount of the assessments and no majority protest was made
against the revised assessments; and
WHEREAS, the DBID Advisory Board has filed its 2014-15 annual report with the City
Clerk and has requested the Burlingame City Council to set a public hearing and to levy the DBID
assessments for the 2015-16 year; and
WHEREAS, the DBID has provided important services in enhancing the downtown
Burlingame Avenue business area, its businesses and properties;
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 Burlingame Avenue
Area Business Improvement District, a copy of which is attached as Exhibit "A".
2. The Burlingame City Council intends to levy an assessment for the 2015-16 year, beginning
October 1, 2015, on businesses in the DBID in order to pay for improvements and
activities of the DBID.
3. The types of improvements and activities proposed to be funded by the levy of assessments on
businesses in the DBID are set forth in Exhibit 'B", incorporated herein by reference; these
activities and improvements are without substantial change from those previously established for
the DBID.
4. The method and basis of levying the assessments on the businesses in the DBID for the 2015-16
year shall remain the same as those used to determine the assessments levied on DBID businesses
in the 2014-15 year.
5. New businesses shall not be exempt from assessment.
6. The annual report of the DBID is on file at the Office of the City Clerk at 510 Primrose Road,
Burlingame, California, and is available for review during regular business hours, 8 am to 5pm,
Monday through Friday.
7. The City Council of the City of Burlingame hereby schedules a public hearing on the proposed
DBID assessments for 2015-16 for Monday, September 21, 2015, at 7:00p.m., in the Council
Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California.
8. At the public hearing, the City Council will receive testimony and evidence, and interested
persons may submit written comments before or at the public hearing, or they may be sent by
mail or delivered to the City Clerk, Burlingame City Hall, 501 Primrose Road, Burlingame, CA
94010.
9. At the public hearing, any and all persons may make oral or written protests against the proposed
assessments. In order for a protest to be counted in the majority protest against the proposed
assessments or programs and services, the protest must be submitted in writing to the City Clerk
at or before the close of the public hearing on September 21, 2015. Each written protest shall
identify the business and its address, include a description of the business and the amount of the
assessment proposed for that business. If the person signing the protest is not shown on the
official records 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 or otherwise empowered to enter a
protest on its behalf. A written protest that does not comply with the provision of this paragraph
will not be counted in determining a majority protest. 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. A written protest may be withdrawn in writing at any time before the
conclusion of the public hearing.
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 downtown Burlingame Avenue Area
Business Improvement District which will pay fifty percent (50%) or more of the total
assessments of the entire District, as to the proposed assessments, the City Council shall not levy
any assessment for the District. 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
District 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 shall not be included in the District.
11. Further information regarding the proposed 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.
12. The City Council directs the City Clerk to provide notice of the September 21, 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, NVayor 0
1, 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 17`h day of
August, 2015, and was adopted thereafter by the following vote:
AYES: Councilmembers: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary Ellen Kearn y, City Clerk