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HomeMy WebLinkAboutReso - CC - 021-2006RESOLUTION NO. 21-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO ADOPT AN ORDINANCE THAT WOULD INCREASE CERTAIN ASSESSMENT LEVELS IN THE BURLINGAME AVENUE BUSINESS IMPROVEMENT DISTRICT, TO ESTABLISH 2006-2007 ASSESSMENTS FOR THE BUSINESS IMPROVEMENT DISTRICT, AND APPROVING 2005-2006 ANNUAL REPORT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et sea., the Burlingame Avenue Area Business Improvement District was established for the purpose of promoting economic revitalization and physical maintenance of said business districts, and WHEREAS, the Burlingame Avenue Area Business Improvement District Advisory Board has filed its 2005-2006 annual report and requested the Burlingame City Council to set the assessments for the 2006-2007 year; and WHEREAS, it appears that the Burlingame Avenue Area Business Improvement District has provided important services in enhancing the District and its businesses and properties; and WHEREAS, the District Advisory Board has recommended amendments to the assessment basis to minimize the impact of the assessments on small businesses while increasing the assessments on large businesses in the area, NOW, THEREFORE, the City of Burlingame does hereby resolve, determine, and find as follows: 1. The 2005-2006 annual report of the Burlingame Avenue Area Business Improvement District Advisory Board is approved. 2. The Burlingame City Council intends to adopt an ordinance amending the assessment bases for businesses in the District as described below and to levy an assessment for the 2006-2007 fiscal year on businesses in the District, as the District is described in Ordinance No. 1735, to pay for improvements and activities of the District. 3. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District are set forth in Exhibit "A", incorporated herein by reference. These activities and improvements are without substantial change from those previously established for the District. 4. The method, basis, and amounts for levying the assessments on all businesses within the District are set forth in Exhibit "B", incorporated herein by reference, and would be changed from those levied in the 2004-2005 year and from those provided in the current Chapter 6.54: a. The assessment for retail and restaurant would add a new category for businesses with 10 or more staff with an assessment of $1,000 (Subarea A) or $750 (Subarea B); the previous assessment was $600 and $500, respectively. The middle category would be adjusted to be from 5 to 9 staff members and remain at $600 if in Subarea A, and be reduced to $400 if in Subarea B. For businesses with less than 5 staff members, the assessment would remain the same, $350 (Subarea A) and $250 (Subarea B). b. The assessment for financial businesses would be changed to match the assessments for retail and restaurant categories, instead of the current $550 for any financial business regardless of subarea or staffing: $1,000 (Subarea A) or $750 (Subarea B) for businesses with 10 or more staff; $600 (Subarea A) and $400 (Subarea B) with 5 to 9 staff members; and $350 (Subarea A) and $250 (Subarea B) with 4 or less staff members. c. The assessment for service and professional would be combined into a single assessment type with staffing categories generally matching retail and restaurant, but generally at lower rates than previously considered. The large business category (10 or more staff members) would be $1,000 (Subarea A) or $500 (Subarea B). The middle category (5 to 9 staff members) would be $350 (Subarea A) and $200 (Subarea B). The lower category (less than 5 staff members) would be $100 (Subarea A) and $50 (Subarea B). These are the assessments that are proposed to be levied in 2006-2007. 5. New businesses shall not be exempt from assessment. 6. A public meeting on the proposed changes and increases in assessments and the proposed assessments for 2006-2007 is hereby set for April 17, 2006, at 7:00 p.m. before the City Council of the City of Burlingame, at the Council's Chambers at 501 Primrose Road, Burlingame, California. A public hearing on the proposed changes and increases in assessments, the proposed assessments for 2006-2007, and proposed programs for 2006-2007 is hereby set for May 22, 2006, at 6:00 p.m. before the City Council of the City of Burlingame, at the Lane Room of the Burlingame 2 Main Library at 480 Primrose Road, Burlingame, California. 7. The Council will receive testimony and evidence at the public meeting and the public hearing, and interested persons may submit written comments before or at the public meeting or public hearing, or they may be sent by mail or delivered to the City Clerk at 501 Primrose Road, Burlingame, CA 94010. 8. Oral or written protests may be made at the public meeting and at the public hearing. However, to count in a majority protest against the proposed changes in the assessment bases, or the proposed assessments or programs and services for 2006-2007, a protest must be in writing and submitted to the City Clerk at or before the time fixed for the public hearing on May 22, 2006; in other words, if a person wishes to file a written protest, the person should file the written protest no later than 6:00 p.m. on May 22, 2006. 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 if possible, the number of employees. 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. 9. a. If at the conclusion of the public hearing, 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, as to the proposed changes in the bases for assessments in the District, the assessment bases will not be amended or changed and no assessment for 2006-2007 shall occur. b. If at the conclusion of the public hearing, 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, as to the proposed assessments for 2006-2007, no assessment for 2006-2007 shall occur. C. If at the conclusion of the public hearing 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 an improvement or activity proposed, then that type of improvement or activity shall not be included in the District for the 2006-2007 fiscal year. 10. Further information regarding the proposed changes in the assessment bases, the proposed assessments for 2006-2007, and the procedures for filing a written protest may be obtained from the City Clerk at City Hall, 501 Primrose Road, Burlingame, California, phone 650 - 558-7203. The annual report of the Business Improvement District is on file and available at the Office of the City Clerk at 510 Primrose Road, Burlingame, California. 11. The City Clerk is instructed to provide notice of the public meeting and the public hearing by publishing this Resolution in a newspaper of general circulation in the City of Burlingame in accordance with the requirements of the Government and Streets & Highways Code and mailing the notice approved by the City Council on April 3, 2006, and this Resolution to businesses in the District in accordance with those requirements as applicable. MAYOR I, DORIS MORTENSEN, 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 3rd day of April 2006, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, , KEIGHRAN, NAGEL, O'NAHONY NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: NONE ABSTAINED: COUNCILNENBER COHEN U:\FILES\BIDBGAMEAV\Burl ingameAv[NTr2006. B ID.wpd El EMm� /� W - 1_LTi-/ V BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT TYPES OF IMPROVEMENTS AND ACTIVITIES PROPOSED TO BE FUNDED BY THE LEVY OF ASSESSMENTS All assessments raised by the Burlingame Avenue Area Improvement District ("District") shall be spent only in accordance with California Streets & Highways Code §§ 36500 and following and on such purposes as the District's Advisory Board recommends and the City Council approves. The following types of improvements and activities are proposed: 1) Communications and Parking Outreach Program a. Implement and evaluate parking permit program b. Work with City on parking information and programs C. Provide regular updates to members 2) Streetscape Beautification, Seasonal Decorations, and Public Arts Programs, including: a. Seasonal street plantings of flowers. b. Street trees. c. Sidewalk enhancements and maintenance. d. Planters. e. Benches. f. Trash receptacles. g. Electrical outlets and supply. h. Seasonal decorations i. Banners 3) Commercial Marketing and Advertising, including: a. Complete 3 -year marketing plan b. Signage. C. Website design and maintenance. d. Print, radio, television, and electronic advertising. C. Publications for use with hotels and the San Mateo County Convention & Visitors Bureau C. Explorer hotel book. f. Concierge training. g. Member communications. Exhbit A - 1 4) Promotional and special events, including: a. Holiday Open House. b. Semi-annual sidewalk sale events. C. Spring Open House event. d. Performances, concerts, readings, etc. e. Art & Jazz on Avenue Festival 5) Business recruitment and retention, including: a. Matching funds for storefront improvement incentive. b. Development of strategies to fill commercial vacancies. C. Small business assistance workshops. 6) Shuttle Service a. Contribute to shuttle operation connecting hotels and Burlingame Avenue Area. U:\FILES\BIDBOAMEAV\improvmtlis2OO6.bid.wpd Exhbit A - 2 EXHIBIT B BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT BASIS* BUSINESS TYPE RETAIL & RESTAURANT & FINANCIAL SERVICE & PROFESSIONAL Business Definitions ANNUAL ASSESSMENT NO. OF STAFF ** SUBAREA A SUBAREA B 10+ ---------------------- $1,000 ------------------------ $750 ------------------ 5 - 9 ---------------------- $600 ------------------------ $400 ------------------ 1 -4 $350 $250 10+ --------- 10+ $1,000 ------------------------ $500 ------------------ 5--9 $350 $200 1 - 4 $100 $50 * ----- Amount shown is annual total ** --- Staff means any persons working (full time or full time equivalency) including owners, partners, managers, employees, family members, etc. Retail ❑ Businesses that buy and resell goods. Examples are clothing stores, shoe stores, office supplies, grocery stores, etc. Restaurant ❑ Selling prepared food and drink. Financial ❑ Banks, savings and loans, household finance companies, title companies, etc. 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. U:\FILES\BIDBGAMEAV\assessba 2006.bid.wpd