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HomeMy WebLinkAboutCC Resolution 14025 (BID Annal Report & Set PH)RESOLUTION NO. 14025 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ACCEPTING THE ANNUAL REPORT OF THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT, DECLARING THE COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT, AND SETTING THE PUBLIC HEARING FOR NOVEMBER 2, 2015 WHEREAS, the California Streets and Highways Code Section 36500 et seq. 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, the Downtown San Rafael Business Improvement District ("BID") was established in 2013 to amend the existing Parking and Business Improvements Area instituted in 1979 in the commercial area on and around the Fourth Street corridor in San Rafael, the boundaries of which BID, including the premium benefit zone and the standard benefit zone therein, are set forth in the map attached hereto as Exhibit A, incorporated herein by reference, a copy of which is on file with the City Clerk; and WHEREAS, pursuant to San Rafael Municipal Code Chapter 10.09 and the California Streets and Highways Code Section 36533, the Board of Directors of the BID has prepared an annual report attached hereto as Exhibit B, a copy of which is on file with the City Clerk, in which assessments are proposed to be levied in the BID for calendar year 2016; NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1. The City Council accepts the BID annual report for 2016 attached as Exhibit B, and declares its intention to levy an annual benefit assessment on businesses in the BID as shown on Exhibit A, to pay for selected improvements and activities of the BID as described in Exhibit B. Section 2. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the BID are described in Exhibit B. Section 3. The method and the basis for levying the benefit assessment on businesses within the BID are set forth in Exhibit C attached hereto and incorporated herein by reference. Section 4. All funds of the BID shall be expended on improvements and activities within the BID. Section 5. New businesses shall not be exempt from payment of the assessment. Section 6. A public hearing to levy the BID assessment shall be held before the City Council on November 2, 2015, at 7 p.m. in the Council Chambers, 1400 Fifth Avenue, San Rafael, California. At the public hearing the testimony of all interested persons, for or against the levy of the BID assessment or of any of the matters included in the assessment, will be heard and all protests collected. Section 7. A protest against the assessment of the BID, or any aspect of the assessment may be made in writing or orally at the public hearing. To be counted as a part of a majority protest against the assessment of the BID, a protest must be in writing and from a business in the BID. A written protest may be withdrawn from record at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and its address. If the person signing the protest is not shown on the official records of the City of San Rafael as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest of the regularity of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Section 8. If at the conclusion of the public hearing on November 2, 2015 there is a record of written protests by business owners within the BID that will pay fifty percent (50%) or more of the total assessments of the entire BID, no further proceedings to amend the BID shall occur. New proceedings to amend the BID shall not be undertaken again for a period of at least one year from the date of the finding of the majority written protest by the City Council. If the majority written protest is against a specific activity, inclusion of a specific area or type of business, or a specific assessment amount, adjustments may be made to the amendment proposal. Section 9. Further information regarding the Downtown San Rafael Business Improvement District may be obtained from the Office of Economic Development at 1313 Fifth Avenue, San Rafael, CA 94901. Section 10. The City Clerk is directed to give notice of said public hearing by publishing the notice in a newspaper of general circulation in the City of San Rafael, at least seven days before the hearing; and by mailing a complete copy of this Resolution of Intention to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. I, ESTHER C. BEIRNE, 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 19th day of October, 2015, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. BEIRNE, City Clerk