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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