HomeMy WebLinkAboutReso - CC - 018-2012RESOLUTION NO. 1 s—gni
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING THE 2011-2012 BROADWAY AREA BUSINESS IMPROVEMENT
DISTRICT ANNUAL REPORT AND DECLARING ITS INTENTION TO
ESTABLISH AND LEVY 2012-2013 ASSESSMENTS FOR
THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT
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") for the purpose of promoting economic revitalization and
physical maintenance of said business district, and
WHEREAS, the BABID Advisory Board has filed its 2011-2012 annual report with the
City Clerk and has requested the Burlingame City Council to set and levy the BABID
assessments for the 2012-2013 fiscal year; and
WHEREAS, the BABID has provided important services in enhancing the Broadway
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 2011-2012 annual report of the Broadway
Area Business Improvement District.
2. The Burlingame City Council intends to levy an assessment for the 2012-2013 fiscal
year on businesses in the BABID, as the BABID is described in Ordinance No. 1461, to pay for
improvements and activities of the BABID.
3. 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 substantial change from those
previously established for the BABID.
4. 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 will remain the same as those levied
in the previous fiscal year.
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5. New businesses shall not be exempt from assessment.
6. The annual report of the BABID is on file and available 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 BABID assessments for 2012-2013 for Monday, May 7, 2012, at 7:00 p.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 of this
proposed, assessment. In order for a person's protest to be counted in the majority protest against
the proposed assessments or programs and services for 2012-2013, the individual must submit
the protest in writing to the City Clerk at or before the close of the public hearing on May 7,
2012. 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
assessments for 2012-2013, the City Council shall not levy any assessment for 2012-2013. 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 shall not be included in the
District for the 2012-2013 fiscal year.
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.
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12. The City Council directs the City Clerk to provide notice of the May 7, 2012 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.,
I, Mary Ellen Kearney, City Clerk of the City of BurlingVme do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council on the 2nd day of
April, 2012, and was adopted thereafter by the following vote:
AYES: Councilmembers: BAYLOCR, BROWNRIGG, DEAL, REIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary Ellen Kearney, City Clef
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.
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 0 Banks, savings and loans, household finance companies, etc.
NOTICE OF PUBLIC HEARING
TO CONSIDER PROPOSED ASSESSMENTS FOR THE
BROADWAY AREA BUSINESS IMPROVEMENT
DISTRICT FOR 2012-2013 AND TO DETERMINE
WHETHER A MAJORITY PROTEST HAS BEEN MADE
PLEASE TAKE NOTICE that on May 7, 2012 at 7:00 p.m., in the Council Chambers,
Burlingame City Hall, 501 Primrose Road, Burlingame, the City Council of the City of
Burlingame will conduct a public hearing to consider the following:
1. The adoption of a Resolution imposing proposed assessments on businesses in the
Broadway Area Business Improvement District for the 2012-2013 fiscal year, the
amounts of those assessments, the types of improvements and activities proposed to
be funded by the assessments, and the method and basis of levying the assessments.
2. Any and all written protests against said assessments.
3. Whether there are written protests to the proposed assessments by the owners of
businesses within the Broadway Area Business Improvement District which will pay
fifty percent (50%) or more of the total assessments of the entire District.
4. Whether there are written protests to a particular District improvement or activity by
the owners of businesses within the Broadway Area Business Improvement District
which will pay fifty percent (50%) or more of the total assessments of the entire
District.
The proposed basis for the 2012-2013 assessment is the same as that used for the 2011-2012
fiscal year. The purposes, programs and activities to be supported by the proposed assessments
are described in the Resolution of Intention, a copy of which is available for review at the City
Clerk's Office, 501 Primrose Road, Burlingame California.
The public hearing on the proposed Broadway Area Business Improvement District programs
and the assessments for the 2012-2013 fiscal year is set for May 7, 2012 at 7:00 a.m. before the
City Council of the City of Burlingame, in the Council's Chambers, Burlingame City Hall, 501
Primrose Road, Burlingame, California. At that time, the Council will hear from any interested
person who wishes to submit written or oral testimony regarding the proposed assessments.
Oral or written protests may be made before or at that public hearing, but no later than the close
of the public hearing. See the Resolution of Intention for information on how protests are made
and what effect protests have.
Further information regarding the proposed assessments may be obtained from the City Clerk at
City Hall, 501 Primrose Road, Burlingame, California 94010 (650-558-7203). Written comments
and/or written protests may be directed to the City Council, Burlingame City Hall, 501 Primrose
Road, Burlingame, CA 94010.