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HomeMy WebLinkAboutReso - CC - 059-2012RESOLUTION NO. 59-2012 RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF BURLINGAME APPROVING THE 2011-2012 BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND DECLARING ITS INTENTION TO ESTABLISH AND LEVY 2012-2013 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 the opponents failed to secure a majority protest; and WHEREAS, the DBID Advisory Board has filed its 2011-2012 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 2012-2013 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 2011-2012 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 2012-2013 year, beginning October 1, 2012, 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 and the amounts of those assessments for the 2012-2013 year shall remain the same as those assessments levied on DBID businesses in the 2011-2012 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 2012-2013 for Monday, September 17, 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 the proposed assessments. In order for a person's protest to be counted in the majority protest against the proposed assessments or programs and services, the individual must submit the protest in writing to the City Clerk at or before the close of the public hearing on September 17, 2012. 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. A written protest that .does not comply 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 17, 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 Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 20a' day of August, 2012, and was adopted thereafter by the following vote: AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: KEIGHRAN Mary El n earn y, City Cle