HomeMy WebLinkAboutOrd 1859ORDINANCE NO. 1859-2011
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING THE SAN
MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
ORDINANCE TO INCLUDE THE CITY OF BRISBANE WITHIN THE
DISTRICT AS PART OF BENEFIT ZONE A AND TO ADD ONE
REPRESENTATIVE TO THE ADVISORY BOARD TO REPRESENT THE
BRISBANE AREA
The CITY COUNCIL of the CITY OF BURLINGAME does ordain as follows:
Section 1.
(a) Ordinance No. 1648 was adopted by the Burlingame City Council on
February 2001 to form the San Mateo County Tourism Business Improvement District
("District" herein) pursuant to the provisions of the Parking and Business Improvement
Area Law of 1989, as codified in California Streets and Highways Code sections 36500
and following. Over the past few years, the Ordinance has been amended to delete the
City of Daly City from the District and to add the City of East Palo Alto, the City of Palo
Alto and the City of Pacifica to the District.
(b) By adoption of a Resolution on January 18, 2011, the City Council of the City
of Brisbane has consented to the inclusion of the incorporated area of the City of
Brisbane within the San Mateo County Tourism Business Improvement District.
(c) Pursuant to Streets &Highways Code sections 36523, on February 7, 2011,
the City Council of the City of Burlingame adopted a Resolution of Intention to add the
City of Brisbane to the District, to add a Brisbane representative to the Advisory Board
and to establish and levy assessments on the hotel businesses in Brisbane.
(d) Copies of the Burlingame City Council's Resolution of Intention were duly
mailed to all hotels within the City of Brisbane, and the Resolution of Intention was duly
published in a newspaper of general circulation within the City of Brisbane as required by
law.
(d) Pursuant to the Resolution of Intention adopted by it, the City Council of the
City of Burlingame held a public meeting on March 7, 2011 and a public hearing on
April 4, 2011 regarding the inclusion of the City of Brisbane within the District, the
addition of a Brisbane representative to the Advisory Board and the establishment and
levy of assessments on hotel businesses within Brisbane; at the public meeting and the
public hearing, the Council considered all written and oral protests.
(e) Following the public hearing on April 4, 2011, all protests, both writt
en and
oral, were duly considered, and the City Council determined that there was no majority
protest within the meaning of Streets & Highways Code sections 36523, 36524, 36525,
and 36542.
Section 2.
Section 1(d)
of Ordinance 1648 is hereby
amended to add subsection (xiii)
to read
as follows:
The City of Brisbane pursuant to Pacifica City Council Resolution
adopted January 18, 2011"
Section 3. Section 4, "Definitions", subsection (1) of Ordinance 1648, "Participating
Agency", is hereby amended to revise the second to last sentence of the
subsection to read as follows:
"The participating agencies are the City of Belmont, City of Foster
City, City of Half Moon Bay, City of Millbrae, City of Burlingame,
City of Redwood City, City of San Bruno, City of San Carlos,
City of San Mateo, County of San Mateo, the City of East
Palo Alto, the City of Palo Alto, the City of Pacifica and the City of
Brisbane."
Section 4: Section 4 "Defmitions", subsection (n) of Ordinance 1648, "San Mateo
County Tourism Business Improvement District", is hereby amended to revise
Exhibit "A", the geographical area of the District, to include the City of Brisbane.
Section 5. Section 14, "Advisory Board" of Ordinance No. 1648 is amended to read
as follows:
"Section 14. Advisory Board.
(a) An advisory board oftwenty-seven (27) members is established to
advise the City of Burlingame on the conduct of the District, including the
level of assessments to be levied each year, the services, activities, and
programs to be conducted by the District, and the progress of the District
in meeting its purpose and goals. The City Council shall appoint the
advisory board from a list of nominees submitted by the San Mateo Hotel
Council. To be eligible to serve on the advisory board, a person shall be
an owner or manager of a hotel or a property occupied by a hotel or an
owner or manager of a company or business located in the District that is
directly related to tourism in the District. The board shall consist of
persons from the following geographical areas:
(1) Four (4) owners or managers of hotels or owners of propert
y occupied
by a hotel in the City of Burlingame; and
(2) Two (2) owners or managers of hotels or owners of property occupied
by a hotel in the City of San Mateo; and
(3) Two (2) owners or managers of hotels or owners of property occupied
by a hotel in the City of Millbrae; and
(4) Two (2) owners or managers of hotels or owners of property occupied
by a hotel in the City of South San Francisco
(5) One (1) owner or manager of a hotel or owner of property occupied by
a hotel in the City of Foster City; and
(6) One
(1) owner
or manager of a hotel or
owner of property
occupied
by
a hotel in
the City
of Half Moon Bay; and
of East Palo
Alto; and
(7) One
(1) owner
or manager
of a hotel or
owner of property
occupied
by
a hotel in
the City
of East Palo
Alto; and
(8) In total, three (3) owners or managers of hotels or owners of property
occupied by hotels in the Cities of Belmont, Redwood City, San Bruno,
San Carlos, and the unincorporated area of San Mateo County; and
(9) Eight (8) owners or managers of companies or businesses located in
San Mateo County and directly related to tourism in San Mateo County;
and
(10) One (1) owner or manager of a hotel or owner of property occupied
by a hotel in the City of Palo Alto.
(l l)
One (1)
owner or manager of a hotel
or owner of property
occupied
by a
hotel in
the City of Pacifica
(12) One (1) owner or manager of a hotel or owner of property occupied
by a hotel in the City of Brisbane
(b) Terms of membership on the advisory board
shall be three (3) years
and until their successors are appointed and qualified.
(c) Vacancies on the advisory board shall be fi
lled by appointment by the
City Council of the City of Burlingame upon nomination by the San
Mateo County Hotel Council. Vacancies occur upon resignation of the
member or when the member is no longer an owner or manager of a hotel
or property occupied by a hotel or of a tourist -related company or
business, whichever is applicable, in the geographical area from which
the member was appointed."
Section 6. The person appointed to Lite Advisory Board position from the City of
Brisbane pursuant to this ordinance shall serve an initial term commencing the
effective date of this ordinance and ending May 1, 2013,
Section 7. Except as expressly provided in this Ordinance and as amended by
Ordinance Nos. 1678, 1725, 1774, 1848 and 1851, all of the other provisions of
Ordinance No. 1648 and of the implementing resolutions shall remain in full force
and effect.
Section 8. The assessments for the year 2011 for the San Mateo County Tourism
Business Improvement District shall apply to hotel businesses in the City of
Brisbane beginning upon the effective date of this ordinance.
Section 9. This ordinance shall be published as required by law.
Terry Na, el, Mayhr
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify
that the forego ng ordinance was introduced at a regular meeting of the City Council held
on the 7fb day of February, 2011, and adopted thereafter at a regular meeting of the City
Council held on the 4th day of April, 2011, by the following vote:
AYES: Councilmembers: BAYLOCBROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: CoLuzcilmemUers: NONE iIts
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Mary Itlen Kearney, City Cle