HomeMy WebLinkAboutOrd 1848ORDINANCE N0. 1848-2010
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING THE SAN
MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
ORDINANCE TO INCLUDE THE CITY OF PALO ALTO WITHIN THE
DISTRICT, TO ESTABLISH BENEFIT ZONE C WITHIN THE DISTRICT AND
TO ADD ONE REPRESENTATIVE TO THE ADVISORY BOARD TO
REPRESENT THE PALO ALTO AREA
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as
follows:
Section 1.
(a) Ordinance No. 1648 was adopted in 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 to the District.
(b) By adoption of Resolution No. 9043 on March 8, 2010, the City Council of the
City of Palo Alto has consented to the inclusion of its territory within the San Mateo
County Tourism Business Improvement District.
(c) Pursuant to Streets &Highways Code sections 36523, on March 15, 2010, the
City k.01111CII of the City of Burlingame adopted a Resolution of Intention to add the City
of Palo Alto to the District, to add a Palo Alto representative to the Advisory Board and
to establish and levy assessments in Benefit Zone C.
(d) Copies of the Burlingame City Council's Resolution of Intention were duly
mailed to all hotels within the City of Palo Alto, and the Resolution of Intention was duly
published in a newspaper of general circulation within the City of Palo Alto.
(d) Pursuant to the Resolution of Intention adopted by it, the City Council of the
City of Burlingame held a public meeting on April 5, 2010 and a public hearing on May
3, 2010 regarding the inclusion of the City of Palo Alto within the District, the addition of
a Palo Alto representative to the Advisory Board and the establishment and levy of
assessments in Benefit Zone C, at which written and oral protests were considered.
(e) Following the public hearing, all protests, both written 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 I Section 1(d) of Ordinance 1648 is hereby amended to add subsection (xi)
to read as follows:
"The City of Palo Alto pursuant to Palo Alto City Council Resolution 9043"
Section 3. Section 3, "Benefits", subsection (b) of Ordinance 1648, is hereby
amended to add the following sentence to the end of the section.
"And further, the Ordinance has been amended to add a third Benefit
Zone to the District, Benefit Zone C, which encompasses the entire City
of Palo Alto in northern Santa Clara County, immediately adjacent to
southern San Mateo County."
Section 4. 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 and the City of Palo Alto."
Section 5: Section 4, "Definitions", 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 Palo Alto,
Section 6: Section 6, "Establishment and Basis for Assessments", subsection (a)(1)
of Ordinance 1648, is hereby amended to read as follows:
"In Benefit Zones A and C:"
Section 5. Section 14, "Advisory Board" of Ordinance No. 1648 is amended to read as
follows:
"Section 14. Advisory Board.
(a) An advisory board of twenty-five (25) 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 property 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
(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 all 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.
(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 filled 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. Except as expressly provided in this Ordinance and as amended by
Ordinance Nos. 1678, 1725 and 1774, all of the other provisions of Ordinance No.
1648 and of the implementing resolutions shall remain in full force and effect.
Section 7. The person appointed to the Advisory Board from the City of Palo Alto
position pursuant to this ordinance shall serve an initial term commencing the
effective date of this ordinance and ending May 1, 2013.
Section 8. The assessments for the year 2010 for the San Mateo County Tourism
Business Improvement District shall apply to hotels in the City of Palo Alto
(Benefit Zone C) beginning upon the effective date of this ordinance.
Section 9. This ordinance shall be published as required by law.
It! M Cathy Baylock, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held
on the 15th day of March, 2010, and adopted thereafter at a regular meeting of the City
Council held on the 3rd day of May, 2010, by the following vote.
AYES: Councilmembers: Baylock, Brownrigg, Deal, Keighran, Nagel
NOES: Councilmembers: None
ABSENT: Councilmembers: None