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HomeMy WebLinkAboutReso - CC - 019-2010RESOLUTION NO.19-2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE 2009-2010 BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND DECLARING ITS INTENTION TO ESTABLISH AND LEVY 2010-2011 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 ("BABID") for the purpose of promoting economic revitalization and physical maintenance of said business district, and WHEREAS, the BABID Advisory Board has filed its 2009-2010 annual report with the City Clerk and has requested the Burlingame City Council to set and levy the BABID assessments for the 2010-2011 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 2009-2010 annual report of the Broadway Area Business Improvement District. 2. The Burlingame City Council intends to levy an assessment for the 2010-2011 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. 1 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 2010-2011 for Monday, May 3, 2010, 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 2010-2011, the individual must submit the protest in writing to the City Clerk at or before the close of the public hearing on May 3, 2010. 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 2010-2011, the City Council shall not levy any assessment for 2010-2011. 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 2010-2011 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. 2 12. The City Council directs the City Clerk to provide notice of the May 3, 2010 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. Cathy Baylock, Mayor 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 5th day of April, 2010, and was adopted thereafter by the following vote: AYES: Councilmembers: BAYLOCR, BROWNRIGG, REIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: DRAT Mary 141len'Kealmey, City Cl6k 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 EXIBBIT 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. NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED ASSESSMENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT FOR 2010-2011 AND TO DETERMINE WHETHER A MAJORITY PROTEST HAS BEEN MADE PLEASE TAKE NOTICE that on May 3, 2010 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 2009-2010 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 2010-2011 assessment is the same as that used for the 2009-2010 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 2010-2011 fiscal year is set for May 3, 2010 at 7:00 p.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.