Chapter 6.54 — BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT

The following definitions shall apply to this chapter:

"District" means the Burlingame Avenue Area Business Improvement District.

"Financial" means a business that offers bank, savings and loan, thrift, title insurance, or credit union financial services.

"Fiscal year" means July 1st to and including June 30th of the following year.

"Government" means public, local, state or federal agencies.

"Professional" means attorneys, architects, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, laboratories (including dental and optical), hearing aid services, artists, insurance brokers, and designers.

"Restaurant" means businesses that sell prepared food and/or drink and includes cafes, eating establishments, sandwich shops, dinner houses, restaurants, bars, fast food services, and other similar businesses.

"Retail" means businesses that buy and resell goods and includes all businesses not covered by other definitions set out in this section, at least 50% of whose gross income is derived from "retail sales" as that term is defined under the California Sales and Use Tax Law. The fact that a substantial part of its business consists of sales and other than retail sales does not exclude such business from this classification so long as such other business component does not account for more than 50% of such business's gross income.

"Salons" mean personal service businesses which provide tanning, nail and hair personal services to individual customers on the premises.

"Service" means businesses that sell services, include general offices, news and advertising media, printers, photographers, personal care facilities and outlets, contractors/builders, service stations, repairing and servicing businesses, automobile repair shops, insurance brokers, renting and leasing businesses, utilities, vending machine businesses, beauty service, and other similar businesses not otherwise included in the other definitions of this section. (Ord. 1735 § 2, (2004); Ord. 1854 §§ 2—4, (2010); Ord. 2045, 2/2/2026)

A parking and business improvement district known as the "Burlingame Avenue Area Business Improvement District" is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the district shall be as set forth in Exhibit "A," attached to Ordinance No. 1854, and located at the end of this chapter. (Ord. 1735 § 2, (2004); Ord. 1854 § 5, (2010))

(a) There shall be an advisory board, which shall consist of nine members. Members shall be nominated and elected for a term of two years by the businesses participating in the district.

(b) Terms. The positions on the board shall be classified so that the initial terms of five board
positions shall expire at the end of the first year (September 30, 2011), and the initial terms
of the other four positions shall expire at the end of the second year (September 30, 2012).

(c) Qualifications. Board positions shall be filled with persons owning businesses within the
district and who have currently paid the annual benefit assessment. At least three of the
board members shall be owners of businesses in zone 1 and three of the board members
shall be owners of businesses in zone 2. The advisory board should be composed of
members representing different business sectors, including retail, restaurants, salons, and
professional or service businesses.

(d) A vacancy on the advisory board shall be filled by appointment by the city council, upon
nomination by the remaining members of the advisory board. Appointments to fill
vacancies shall be for the unexpired portion of the position vacated.

(e) The board shall make recommendations to the city council on expenditure of district
revenues, make an annual report for each fiscal year for which assessments are to be levied,
and perform those functions required by the Streets and Highways Code to be performed
by the advisory board.

(f) The board shall elect a chair and shall make such rules and by-laws concerning their
procedures as they deem necessary.
(Ord. 1854 § 6, (2010))

All businesses located within the district boundaries shall pay an annual benefit assessment to the district for each fiscal year as levied by the city council.

(a) Assessments Zones. For assessment purposes, the district shall be divided into three zones:

(1) Zone 1 shall consist of all businesses located on the ground floor of buildings on Burlingame Avenue;

(2) Zone 2 shall consist of all businesses located on the ground floor of buildings on all streets within the district boundaries other than Burlingame Avenue;

(3) Zone 3 shall consist of all businesses located either below or above the ground floor of buildings on all streets within the district boundaries.

(b) Assessment Amounts.

(1) Zone 1. All businesses in zone 1 shall be assessed each fiscal year, a basic assessment fee of $125 and an additional assessment based upon the square foot measurement of their ground floor space as follows:

(A) Under 500 square feet, $0;

(B) Five hundred square feet, $100;

(C) For each additional 500 square feet or portion thereof above 500 square feet, an additional $50;

(D) The additional square foot assessment shall be capped at the rate for 5,500 square feet.

(2) Zone 2. All businesses in zone 2 shall be assessed each fiscal year, a basic assessment fee of $100 and an additional assessment based upon the square foot measurement of their ground floor space as follows:

(A) Under 500 square feet, $0;

(B) Five hundred square feet, $80;

(C) For each additional 500 square feet or portion thereof, above 500 square feet, an additional $40;

(D) The additional square foot assessment shall be capped at the rate for 5,500 square feet.

(3) Zone 3. All businesses in zone 3 shall be assessed a basic assessment fee of $100.

The annual amount of assessment for each of the businesses in each zone shall not exceed these amounts without notice, a public hearing and adoption of an ordinance amendment pursuant to state law. The total annual assessment shall be due and payable 30 days from receipt of invoice.

(Ord. 1854 § 7, (2010))

All funds derived from the assessments will be used for the enhancement and appearance of the district and for the promotion, advertising and image building of the businesses within the district. Funds derived from the district shall not be used to offset or diminish maintenance, capital improvement or business promotion programs currently sponsored by the city within the district. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the district are as follows:

(a) Commercial marketing and advertising, including, but not limited to, signage; website
design and maintenance; print, radio, television and electronic advertising; and publications
for use with hotels and the San Mateo County Convention and Visitors Bureau.

(b) Promotional, special, and seasonal events.

(c) Streetscape beautification and seasonal decorations, including, but not limited to, plantings
of flowers, seasonal decorations, and banners.

(d) Shuttle service, including contributing to a shuttle operation connecting hotels and
Burlingame's downtown.

(e) Personnel, including the option to fund a salary for a person to administer district programs,
organize events, and promote the district.
(Ord. 1854 § 8, (2010))

Any business within the district may appeal the amount or computation of their annual assessment. The appeal must be in writing, must state the grounds and basis for the appeal and must be presented to the advisory board within 15 days of the date of the assessment billing statement. The advisory board shall appoint three of their members to serve as an adjustment board to hear the appeal. The adjustment board shall hear the appeal within 30 days of its receipt. At the appeal hearing, the appellant and the district may appear, submit evidence and present their case. The adjustment board shall render a decision in writing within 15 days of the conclusion of the hearing. The adjustment board's decision shall be final. (Ord. 1854 § 9, (2010))

No person or business shall be required to pay an assessment if it is:

(a) A residential use of the property within the district; or

(b) A nonprofit organization, as defined by Section 6.04.040 of this code, located within the district. (Ord. 1735 § 2, (2004))

The benefit assessment authorized by this chapter shall be billed in May of each year, shall be due on July 1st of each year and shall be delinquent on August 1st of each year. The city will make such collections in the same manner as it collects the business license fee. The city will forward collected funds to the advisory board monthly. (Ord. 1854 § 10, (2010); Ord. 2045, 2/2/2026)

Businesses which do not timely provide their respective assessment payments shall be subject to late payment penalties in the same time, manner, and amount as penalties upon late payment of city business licenses. Assessments shall be prorated for new business in the same manner as city business licenses. (Ord. 1854 § 11, (2010))

(a) The advisory board shall present an annual budget for city council review and approval prior to the beginning of each fiscal year.

(b) The city shall not adopt, modify or otherwise amend any fiscal year budget of the district that is inconsistent in any way with the fiscal year's budget as agreed to and presented by the advisory board, except in the case of a written majority protest (regarding elimination or modifications of any specific budget item) from business owners who will pay 50% or more of the assessments proposed to be levied as to any specific budget item pursuant to Streets and Highways Code Section 36525. In such a case, the written protest regarding any specific budget item shall be grounds to eliminate or modify the expenditure from the proposed budget as provided by state law.

(c) Decisions of the advisory board regarding expenditures of all funds generated under these programs shall be final to the extent they are consistent with the district's fiscal year budget adopted by the city council.

(Ord. 1735 § 2, (2004))