Burlingame Municipal Code Ch. 6.52 Broadway Area Improvement District

In order to distinguish between district businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply:

"District"

is the Broadway Area Business Improvement District.

"Finance"

shall mean a business that offers bank, savings and loan, thrift, or credit union financial services.

"Fiscal year"

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

"Government"

shall mean public, local, state or federal agencies.

"Professional"

includes 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 and designers.

"Restaurant"

businesses include cafes, eating establishments, sandwich shops, dinner houses, restaurants, fast food services and other similar businesses.

"Retail"

businesses include 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 said business from this classification so long as such other business component does not account for more than 50% of said business' gross income.

"Service"

businesses include general office, news and advertising media, printers, photographers, personal care facilities and outlets, contractors/builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses and other similar businesses not otherwise included in the other definitions of this Section.

(Ord. 1461 § 2, (1992))

A parking and business improvement district known as the "BROADWAY 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 on Exhibits "A" and "B", attached to Ordinance No. 1461.

(Ord. 1461 § 2, (1992); Ord. 1524 § 3, (1995); Ord. 1592 § 2, (1998); Ord. 1917 § 2, (2015))

There shall be an advisory board, which shall consist of seven members. Members shall be elected for a term of two years by the businesses participating in the district. Voting shall be based on the value of the benefit assessments. The members of the board shall be classified so that the terms of four members shall expire during one year, and the terms of the other three members shall expire the following year. The board shall be incorporated as a non-profit corporation. Board members shall represent businesses which have currently paid the annual benefit assessment. 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 levied, and do those things required by the Streets and Highways Code to be performed by the advisory board.

(Ord. 1461 § 2, (1992); Ord. 1592 § 3, (1998))

All businesses, trades and professions located within the district boundaries shall pay an annual benefit assessment to the district for each fiscal year in the following amounts:

(Ord. 1461 § 2, (1992))

All funds derived from the assessment will be used for the enhancement and appearance of the district and promotion, advertising and image building for the businesses within the district. Funds derived from the district shall not be used to offset or diminish maintenance, capital improvement and/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) Streetscape Beautification, Seasonal Decorations and Public Arts Programs.

(1) Erect a district sign on El Camino Real,

(2) Place kiosks for posting local events, public information, local business information, and for relocation of newspaper racks,

(3) Place benches along Broadway,

(4) Seasonal street plantings of flowers,

(5) Seasonal flags and banners and relocation of city signs,

(6) Sidewalk enhancement and maintenance;

(b) Business Recruitment and Retention.

(1) Shopper preference survey to determine most desired new businesses,

(2) Develop strategy to fill commercial vacancies,

(3) Small business assistance workshops;

(c) Parking.

(1) Remove parking meters,

(2) Create more effective directional signage to lots,

(3) Sponsor parking maps and/or directories,

(4) Annual contribution to parking facility development and maintenance fund;

(d) Commercial Marketing, Public Relations and Advertising.

(1) Create cable T.V. and radio spots,

(2) Produce seasonal direct mail pieces,

(3) Organize special events throughout the year;

(e) Shuttle. Establish a people mover system between the area and the hotel district, to be funded on a cooperative cost sharing basis.

(Ord. 1461 § 2, (1992))

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. 1461 § 2, (1992))

The benefit assessment authorized by this chapter shall be billed and collected at the same time and manner as city business licenses. The city will make such collections without charge and will forward collected funds to the advisory board monthly.

(Ord. 1461 § 2, (1992))

Late payment penalties shall be applied to businesses that do not provide their respective assessment payments 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. 1461 § 2, (1992))

(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 said 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 Government Code Section 36525(b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the proposed budget.

(c) The original assessment formula shall not be increased unless requested by a majority of the businesses located within the district.

(d) 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. 1461 § 2, (1992))