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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 �✓ Mary Itlen Kearney, City Cle