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Home My WebLink AboutReso - CC - 043-2003RESOLUTION NO. 43-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO RENEW THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT, TO ESTABLISH 2003-2004 ASSESSMENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT, AND APPROVING 2002-2003 ANNUAL REPORT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et sea., the Broadway Area Business Improvement District was established for the purpose of promoting economic revitalization and physical maintenance of said business districts, and WHEREAS, the Broadway Area Business Improvement District Advisory Board has filed its 2002-2003 annual report and requested the Burlingame City Council to: A. Renew the Broadway Area Business Improvement District for an additional five (5) years; and B. Set the assessments for the 2003-2004 year. WHEREAS, it appears that the Broadway Area Business Improvement District has provided important services in enhancing the District and its businesses and properties, NOW, THEREFORE, the City of Burlingame does hereby resolve, determine, and find as follows: The 2002-2003 annual report of the Broadway Area Business Improvement District Advisory Board is approved. The Burlingame City Council intends to extend the Broadway Area Business Improvement District for an additional five (5) years to June 30, 2008, by adoption of an ordinance extending the date. 3. The Burlingame City Council further intends to levy an assessment for the 2003- 2004 fiscal year on businesses in the District, as the District is described in Ordinance No. 1461, to pay for improvements and activities of the District. 4. 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. 5. 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 remain the same as those levied in the previous fiscal year. 6. New businesses shall not be exempt from assessment. 7. A first public hearing on the proposed extension and assessments for 2003-2004 is hereby set for May 7, 2003, 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 proposed extension and assessments for 2003-2004 is hereby set for June 2, 2003, 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 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 may be made at these hearings. To count in a maj ority protest against the proposed extension or to the proposed assessment for 2003-2004, a protest must be in K writing and submitted to the City Clerk at or before the close of the second public hearing on June 2, 2003. A written protest may be withdrawn in writing at any time before the conclusion of that second public hearing. Each written protest shall identify the business and its address, include a description of the business and 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 ofthe proceeding shall be in writing and clearly state the irregularity or defect to which objection is made. 11. If at the conclusion of the second 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 renewal of the District or to the proposed assessments for 2003-2004, no assessment for 2003-2004 shall occur. If at the conclusion of the second 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 is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the District for the 2003-2004 fiscal year. 12. Further information regarding the proposed assessments and changes 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. 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. 13. The City Clerk is instructed to provide notice of the public hearing by publishing the notice contained in Exhibit "C" attached to this Resolution 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 Code and mailing them in accordance with those requirements as applicable. AfAKOR I, ANN T. MUSSO, City Clerk ofthe City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 7th day of April , 2003, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK. COFFEY, GALLIGAN, JANNEY, WMABONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE C1FII.ESXBO)BRDWY\BD W YQJ7}98.BBJ.wpd '0 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. C:TILES\BIDBRDwY\improvmtlis2000.bid.wpd 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 $150 3+ $200 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. C:\FILES\BIDBRDWY\assessbm.bid.wpd EXHIBIT C NOTICE PURSUANT TO GOVERNMENT CODE § 54954.6 OF PROPOSED RENEWAL OF BROADWAY AREA BUSINESS IMPROVEMENT PLEASE TAKE NOTICE that the City Council of the City of Burlingame will be considering the following: The Broadway Area Improvement District would be extended for a period of five (5) years to June 30, 2008. The proposed assessment basis for 2003-2004 would remain the same as in 2002-2003. The assessments are levied to support activities of the District as described in Exhibit A to the Resolution of Intention that is enclosed. A public hearing on the proposed renewal, District programs, and the assessment basis for the 2003-2004 fiscal year is set for May 7, 2003, 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. At that time, the Council will hear from any interested person who wishes to submit written or oral testimony regarding the proposed amendment. A further public hearing on the renewal, programs, and assessment basis is set for June 2, 2003, at 7:00 p.m. before the City Council of the City of Burlingame, at the Council's Chambers at 501 Primrose Road, Burlingame. Oral or written protests may be made at that hearing. 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 may be directed to the Council at 501 Primrose Road, Burlingame, CA 94010. C:\FTLES\BIDBRDWY\notice2.bid.wpd