The URL can be used to link to this page

Home My WebLink AboutReso - CC - 025-2004RESOLUTION NO. 25-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO ESTABLISH THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT, TO ESTABLISH THE BASIS FOR AND TO LEVY THE ASSESSMENTS FOR THE DISTRICT FOR THE YEAR 2004-2005, AND TO ESTABLISH A DISTRICT ADVISORY BOARD, AND SETTING DATES FOR PUBLIC HEARINGS ON THE DISTRICT AND THE PROPOSED ASSESSMENTS WHEREAS, merchants and business owners in the Burlingame Avenue Commercial Area and the Interim Advisory Board for the formation of the Burlingame Avenue Area Business Improvement District have asked the City of Burlingame to consider the formation of a business improvement district to adequately fund and serve the promotion of businesses in the proposed district and improvements and programs in the proposed district; and WHEREAS, the proposed district would be formed pursuant to California Streets and Highways Code sections 36500 and following; and WHEREAS, the proposed District would: A. Encompass much of the Burlingame Avenue Commercial Area as described in Exhibit A. B. Levy assessments on businesses in the District on an annual basis to fund the activities and programs described in Exhibit C to this Resolution. The assessments would be subject to annual review. The proposed classification of businesses is set forth in Exhibit B; and "ITSI C. Set the assessments forthe 2004-2005 year as generally described in Exhibit B hereto; D. Establish an advisory board of owners and operators of businesses in the District to advise the City Council on the District's budget, assessments, and programs. WHEREAS, it appears that the Burlingame Avenue Area Business Improvement District would provide important services in promoting and enhancing business and the ambiance of the Burlingame Avenue area, NOW, THEREFORE, the City of Burlingame does hereby resolve, determine, and find as follows: 4/5/2004 1 1. The Burlingame City Council intends to form the Burlingame Avenue Area Business Improvement District by adoption of an ordinance pursuant to Streets & Highways Code sections 36500 and following. The boundaries of the proposed district are generally described in Exhibit A hereto. 2. The Burlingame City Council further intends to levy an assessment for the 2004-2005 fiscal year on businesses in the District to pay for services, programs, and activities of the District. The types of services, programs, and activities proposed to be funded by the levy of assessments on businesses in the District are set forth in Exhibit C. 4. The method, basis, and amounts for levying the assessments on all businesses within the District are set forth in Exhibit B. 5. New businesses shall not be exempt from assessment, but they shall only be assessed on the ratio that the number of quarters remaining in the assessment year bears to the full assessment amount, with a partial quarter being counted as a full quarter. 6. If the District is formed and assessments levied, the City will charge the costs of forming and administering to the District, including mailing and publishing costs, which shall not exceed $8,000 for the 2004-2005 year. 7. A first public hearing on formation of the proposed District and assessments for 2004- 2005 is hereby set for April 19, 2004, 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. 8. A second public hearing on the formation of the proposed District and assessments for 2004-2005 is hereby set for May 3, 2004, 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. 9. The Council will receive testimony and evidence at both of the public hearings, and pursuant to Streets & Highways Code § 36522, interested persons may submit written comments before or at either public hearing, or they may be sent by mail or delivered to the City Clerk at 501 Primrose Road, Burlingame, CA 94010. 10. Oral or written protests maybe made at these hearings. To count in a majority protest against any aspect of the proposed District or to the proposed assessment for 2004-2005, a protest must be in writing and submitted to the City Clerk at 501 Primrose Road, Burlingame, California 94010, at or before the close of the second public hearing on May 2, 2004. A written protest may be withdrawn in writing at any time before the conclusion of that second public hearing. Each 4/5/2004 2 written protest shall identify the business and its address. If the person signing the protest is not shown on the official records of the City 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. 11. Effect of Protests. (a) If at the conclusion of the second public hearing, there are of record written protests by the owners of businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, as to the proposed formation of the District, the District will not be formed. (b) If at the conclusion of the second public hearing, there are of record written protests by the owners of businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, as to the proposed assessments for the year 2004-2005, no assessment for the year 2004-2005 shall occur. (c) If at the conclusion of the second public hearing there are of record written protests by the owners of businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District only as to a service, activity or program proposed, then that type of service, activity, or program shall not be included in the District for the 2004-2005 fiscal year. 12. Further information regarding the proposed District and the proposed assessments and 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. 13. The City Clerk is instructed to provide notice of 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 Code and Streets & Highways Code and mailing in accordance with those requirements as applicable. I, ANN T. MUSSO, 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 5"' day of April, 2004, and was adopted thereafter by the following vote: 4/5/2004 AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE C:\FfLES\BIDBGAN4EAV\rcsintform.res.wpd 4/5/2004 4 avX-J VIU44da CIT LERK EXHIBIT A DESCRIPTION OF BOUNDARIES OF BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT DISTRICT IN GENERAL The Burlingame Avenue Area Business Improvement District shall encompass: 1) All of Subarea A of the Burlingame Avenue Commercial Area as described in Ordinance No. 1214, as amended by Ordinance No. 1621 ("Subarea A"); and 2) All of Subarea B of the the Burlingame Avenue Commercial Area as described in Ordinance No. 1214, as amended by Ordinance No. 1621, with the exception of businesses located on: a) California Drive north of 401 California Drive; or b) Douglas Avenue; or c) Floribunda Avenue; or d) Oak Grove Avenue; or e) Park Road south of 149 and 180 Park Road; or f) Primrose Road south of Howard Avenue; but including businesses located at 1080 Howard Avenue ("Subarea B"). ZONES WITHIN THE DISTRICT Zone A Zone A shall encompass all of the area of the District described as Subarea A above. Zone B Zone B shall encompass all of Subarea B with the exceptions and inclusions described above. lU_/'IlI 9A AV#fflM A Map showing the actaul boundaries of the District is on file at the Office of the City Clerk located at 501 Primrose Road, Burlingame, California. I V' 11 t 4113 BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT BASIS'' BUSINESS TYPE RETAIL & RESTAURANT SERVICE PROFESSIONAL FINANCIAL Business Definitions ANNUAL ASSESSMENT NO. OF STAFF ** SUBAREA A SUBAREA B 6+ ---------------------- $600 ------------------------ $500 ----------------- ------------------- 1-5 1-5 $350 $250 6+ ---------------------- $400 ------------------------ $300 ------------------- ------ 3-5 3-5 ---------------------- $300 ------------------------ $200 ------------------ 1 - 2 $200 $100 6+ ---------------------- $350 ------------------------ $250 ------------------ 3 -5 ----------------------------------------------------- $250 $150 1-2 $200 $100 1+ $550 $550 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. 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, title companies, etc. EXHIBIT C 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 for the inception of the District: 1) 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 2) Commercial Marketing and Advertising, including: a. Signage. b. Website design and maintenance. C. Print, radio, television, and electronic advertising. d. Publications for use with hotels and the San Mateo County Convention & Visitors Bureau e. Explorer hotel book. f. Concierge training. 3) 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. 4) Business recruitment and retention, including: Exhbit C - 1 a. Matching funds for storefront improvement incentive. b. Development of strategies to fill commercial vacancies. C. Small business assistance workshops. 5) Shuttle Service a. Contribute to shuttle operation connecting hotels and Burlingame Avenue Area. 6) Personnel a. Fund a partial salary for an employee of the Burlingame Chamber of Commerce to administer District programs, organize events, and promote the District. C:\FILES\BIDBGAMEAV\improvmtlis2004.bid.wpd Exhbit C - 2