HomeMy WebLinkAboutCC Resolution 15212 (Downtown San Rafael Business Improvement District)RESOLUTION NO. 15212
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING THE DOWNTOWN
SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT ADMINISTRATIVE
GUIDELINES
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 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, administrative guidelines provide the rules and procedures for the District
Advisory Board and District management entity to administer and operate the affairs of
the District, including how the City Council appoints members of the District Advisory
Board, how meetings of the District Advisory Board are conducted in conformance with
the Brown Act, and requirements for the District Advisory Board to submit an annual report
and spend District funds in conformance with law; and
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby adopts the
Downtown San Rafael Business Improvement District Administrative Guidelines attached
hereto as Exhibit 1.
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
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Exhibit 1
Downtown San Rafael Business Improvement District
Administrative Guidelines
(May 2023)
1. District. The Downtown San Rafael Business Improvement District (“District”) is a
parking and business improvement district established pursuant to the provisions
of Streets and Highways Code Section 36501 et seq., and codified in Chapter 10.09
of the San Rafael Municipal Code.
2. Appointment of District Advisory Board. The City Council, in its sole and absolute
discretion, will appoint the District Advisory Board, pursuant to the Streets and
Highways Code Section 36501 et seq. and San Rafael Municipal Code section
10.09.080, to administer the affairs of the District. The City Council will review
and update the District Advisory Board appointments as it deems appropriate. The
City Council may, but is not required to, appoint any members of the Board of
Directors of the San Rafael Chamber of Commerce (“Chamber”) to the District
Advisory Board, provided that such members meet the eligibility requirements
under San Rafael Municipal Code section 10.09.080.
a. District Advisory Board Nominations. The District Advisory Board will
conduct an annual meeting to select the nominations for District Advisory
Board. The District Advisory Board nominations will be provided to the City
Clerk at the time of the submittal of the District Annual Report. The
Advisory Board nominations should reflect a balance of downtown business
representation including retail businesses, non-retail businesses, and at
least one district eligible Chamber business recommended by the Chamber.
3. Management and Enhancement Services of the Chamber of Commerce. The City
has contracted with the Chamber to provide District management and
enhancement services to the District, and act as the fiscal agent of District Funds.
The Advisory Board will conduct all of its affairs consistent with the City’s
agreement with the Chamber.
4. Governance; meetings. The District Advisory Board is a separate, standalone
advisory board appointed by the City Council to administer the affairs of the
District. To the extent determined necessary by the District Advisory Board, it will
develop its own bylaws or operating rules, separate from the Chamber Board of
Director’s bylaws. The District Advisory Board will conduct its meetings, and meet
separately and at a different time than the Chamber Board of Directors. If these
meeting are to occur on the same date, before or after each other, the meeting
agendas will be clearly delineated to specify which organization is meeting at
which time. In noticing and conducting its meetings as the District Advisory Board,
the District Advisory Board will, in all respects, comply with the Brown Act, as
specified below.
5. Compliance with Brown Act and Public Records Act. The District Advisory Board
must comply with all federal, state, and local laws, including The Ralph M. Brown
Act (Government Code § 54950 et seq.) ("Brown Act") whenever matters within
the subject matter of the District are heard, discussed, or deliberated, and the
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California Public Records Act (Government Code § 6250 et seq.) for all documents
relating to activities of the District.
6. Conflicts of interest. Members of the District Advisory Board will serve without
compensation and may not have any interest in any agreement for compensation
entered into by or on behalf of the District.
7. District Funds. District Funds (revenues derived from the assessments and
transferred from the City to the Chamber) shall be used solely for the purposes as
stated in Streets and Highways Code section 36501 et seq. and San Rafael
Municipal Code section 10.09.060.
8. Annual Reports. The District Advisory Board will submit annual reports to the City,
no later than October 15 of each year. The annual report contents and filing will
conform with the 1989 Act, Streets and Highways Code section 36533, as follows:
§ 36533. Annual report; contents; filing
(a) The advisory board shall cause to be prepared a report for each fiscal
year for which assessments are to be levied and collected to pay the costs of
the improvements and activities described in the report. The report may
propose changes, including, but not limited to, the boundaries of the parking
and business improvement area or any benefit zones within the area, the
basis and method of levying the assessments, and any changes in the
classification of businesses, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the parking and
business improvement area by name, specify the fiscal year to which the
report applies, and, with respect to that fiscal year, shall contain all of the
following:
(1) Any proposed changes in the boundaries of the parking and business
improvement area or in any benefit zones within the area.
(2) The improvements and activities to be provided for that fiscal year.
(3) An estimate of the cost of providing the improvements and the activities
for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to
allow each business owner to estimate the amount of the assessment to be
levied against his or her business for that fiscal year.
(5) The amount of any surplus or deficit revenues to be carried over from a
previous fiscal year.
(6) The amount of any contributions to be made from sources other than
assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the advisory board or
may modify any particular contained in the report and approve it as
modified. The city council shall not approve a change in the basis and
method of levying assessments that would impair an authorized or executed
contract to be paid from the revenues derived from the levy of assessments.