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HomeMy WebLinkAboutCC Resolution 15211 (Downtown San Rafael Business Improvement District)RESOLUTION NO. 15211 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DOWNTOWN BUSINESS IMPROVEMENT DISTRICT TRANSITION AGREEMENT WITH THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT (BID CORPORATION) IN THE AMOUNT OF $5,000 WHEREAS, the Parking and Business Improvement Area Law of 1989, Cal. Strs. & Hwys. Code § 36500 et seq. (“1989 Act”), authorizes cities to establish parking and business improvement areas for the purpose of promoting economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses and prevent erosion of business districts; and WHEREAS, pursuant to the 1989 Act, in June 2013 the City Council of San Rafael adopted Ordinance No. 1912 (“Ordinance”), codified in the San Rafael Municipal Code (“SRMC”) Chapter 10.09, establishing the Downtown San Rafael Business Improvement District (“District”) to replace a former Parking and Business Improvements Area Business Improvement District established in 1979; and WHEREAS, the Ordinance provides for the City’s collection of assessments on approximately 700 businesses that operate within the District’s boundaries; and WHEREAS, the revenues derived from the assessments ( “District Funds”) are used for the general promotion of business activities, public events, and other activities that provide a specific benefit to the assessed businesses; and the acquisition, construction, installation and maintenance of tangible property that provide a specific benefit to the assessed businesses; and WHEREAS, pursuant to section 36530 of the 1989 Act and SRMC Section 10.09.080, the Council appoints a District Advisory Board consisting of members that own or represent a business in the District or voluntary members; and WHEREAS, the District Advisory Board administers the affairs of the District and prepares an annual report each year describing which assessments are to be levied and files the report with the City Clerk; and WHEREAS, the District Advisory Board is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5 of the Government Code) at all times when matters within the subject matter of the District are heard, and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I of the Government Code), for all records relating to activities of the District; and WHEREAS, the BID Corporation, which operates as a separate California nonprofit mutual benefit corporation under direction of its Board of Directors (the “BID Corporation Board”) was established by representatives of businesses in the District in 2012; and WHEREAS, each year, the City has distributed the District Funds to the BID Corporation, and the District Advisory Board administers those revenues to use them for authorized purposes that benefit the assessed businesses and to prepare and to submit the annual report to the City Clerk reporting activities and finances of the District; and WHEREAS, all District Funds in the possession/control of the BID Corporation are the property of the District and are held in trust by the BID Corporation solely for the benefit of the District; and WHEREAS, the San Rafael Chamber of Commerce (“Chamber”) is a California nonprofit mutual benefit corporation that is a member-based business advocacy organization supporting local businesses of San Rafael; and WHEREAS, the BID Corporation now operates in the Chamber’s offices and has a close working relationship with the Chamber; and WHEREAS, the COVID-19 pandemic significantly reduced the businesses and collections of District assessments in 2022 and the District, in 2022, reduced its operations and operated with reserve funds; and WHEREAS, with the uncertainty of business recovery form the pandemic and improvement of economic conditions, the City believes that the District would benefit from administration by the Chamber to create capacity building and pathways for long-term sustainability to support Downtown San Rafael; and WHEREAS, the City and the Chamber are entering into a separate agreement under which the Chamber will provide District management and enhancement services; and WHEREAS, the City and the BID Corporation desire to enter into an Agreement for the BID Corporation to winddown its affairs related to administration of the District and transfer all remaining District Funds in its possession or control back to the City. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to negotiate and execute a downtown business improvement district transition agreement with the Downtown San Rafael Business Improvement District (BID Corporation) in an amount of $5,000, subject to form approved by the City Attorney. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 1st day of May 2023, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Kertz Lindsay Lara, City Clerk