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Home My WebLink AboutReso - CC - 030-2022DocuSign Envelope ID: 1BC3C8BE-3146-4456-94A7-9553EC7AB36D RESOLUTION NO.030-2022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO LEVY BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS FOR FISCAL YEAR 2022-23; AND SETTING A PUBLIC HEARING FOR MAY 2, 2022; AND APPROVING THE DISTRICT'S 2021-22 ANNUAL REPORT 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 (`RABID") in 1992 for the purpose of promoting economic revitalization and physical maintenance of said business district, and WHEREAS, the BABID Advisory Board has filed its 2021-22 annual report with the City Clerk; and WHEREAS, the BABID has provided important services in enhancing the Broadway business area, its businesses and properties; and WHEREAS, at the request of the BABID Advisory Board, the City Council desires to set and levy the assessments in connection with the BABID for Fiscal Year 2022-23. 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 2021-22 annual report of the Broadway Area Business Improvement District. 2. The Burlingame City Council intends to levy an assessment for the 2022-23 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 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 pre -pandemic year. 1 DocuSign Envelope ID: 1BC3C8BE-3146-4456-94A7-9553EC7AB36D 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 501 Primrose Road, Burlingame, California, and is available for review during regular business hours, 9 am to 5pm, Monday through Friday. 7. A public hearing on the proposed BABID assessments and programs for 2022-23 is hereby set for May 2, 2022 at 7:00 p.m., before the City Council of the City of Burlingame. The meeting is scheduled to be held telephonically and via other electronic means pursuant to the provisions of AB 361. The City Clerk shall post various methods of accessing the public hearing. Members of the public may view the meeting by logging into the Zoom meeting through the link published within the meeting agenda on the City's website, or by accessing the meeting by phone. Access information can be found at www.burlin ag me.org. In the event the City Council meeting may not be held electronically pursuant to AB 361, said meeting shall take place at City Hall, located at 501 Primrose Road, Burlingame CA 94010. 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 2022-23, the individual must submit the protest in writing to the City Clerk at or before the close of the public hearing on May 2, 2022. 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 2022-23, the City Council shall not levy any assessment for 2022-23. 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 2022-23 fiscal year. 11. Further information regarding the proposed assessments and the procedures for filing 2 DocuSign Envelope ID: 1BC3C8BE-3146-4456-94A7-9553EC7AB36D 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 May 2, 2022 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. Ricardo Ortiz, Mayor I, Meaghan Hassel -Shearer, 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 4th day of April, 2022, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Ae.e ,. 4,wl-S4e., ee Meaghan Hassel -Shearer, City Clerk DocuSign Envelope ID: 1BC3C8BE-3146-4456-94A7-9553EC7AB36D 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. C. 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 a. Establish a people mover system between the area and the hotel district, to be funded on a cooperative cost sharing basis. 2 DocuSign Envelope ID: 1BC3C8BE-3146-4456-94A7-9553EC7AB36D EXHIBIT B BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT BASIS* BUSINESS TYPE RETAIL & RESTAURANT SERVICE PROFESSIONAL FINANCIAL NO. OF STAFF ** ANNUAL ASSESSMENT 4+ ----------------I----------------------- $450 1-3 $300 3+ ---------------- $250 ----------------------- 1 - 2 $150 3+ ----------------- $200 1 - 2 I----------------------- $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. 5