HomeMy WebLinkAboutCC Resolution 13146 (BID Assessment)RESOLUTION NO. 13146
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING THE 2011-12 ANNUAL REPORT OF THE DOWNTOWN
PARKING AND BUSINESS IMPROVEMENT DISTRICT AND DECLARING
COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT
FOR THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2011-12 AND DIRECTING THE CITY CLERK
TO SCHEDULE A PUBLIC HEARING FOR MAY 16, 2011
TO CONSIDER LEVYING THE ASSESSMENT
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS the Parking and Business Improvement Area Law of 1989
(California Streets and Highway Code Section 36500 et seq.) authorizes cities to establish
parking and business improvement areas for the purpose of imposing assessments on
businesses for certain purposes; and
WHEREAS on July 19, 1982, the San Rafael City Council established the
Downtown Parking and Business Improvement District (the District) by the adoption of
Ordinance No. 1435; and
WHEREAS the Board has submitted an Annual Report to Council that outlines
the activities of the District proposed for fiscal year 2011-12 as required by the California
Streets and Highways Code Section 36533; and
WHEREAS the Annual Report is clear, complete and found to comply with the
interests of the District assessees and contains the information required by California
Streets and Highways Code Section 36533; and
WHEREAS the California Streets and Highways Code Sections 36534 and 36535
require that in order to levy an assessment, the City adopt a Resolution of Intent that
declares their intent to levy such assessment and then set a date for a public hearing where
interested parties may be heard on the issue.
NOW, THEREFORE IT IS HEREBY RESOLVED that:
Section 1. The City Council hereby approves the 2011-12 Annual Report of the
Downtown Parking and Business Improvement District as submitted to the City Clerk by
the Downtown Business Improvement District Board.
Section 2. The boundaries of the Downtown Parking and Business Improvement
District are described in the San Rafael Municipal Code Section 10.08.050 and displayed
on the boundary map included in the submitted Annual Report. No changes are proposed
in the 2011-12 Annual Report. Generally, the District is located on Fourth Street between
Lincoln Avenue and E Street.
Section 3. Pursuant to the provisions of Section 36500 et seq. of the California
Streets and Highways Code, City Council declares its intent to levy and collect an annual
assessment for the Downtown Parking and Business Improvement District for Fiscal Year
2011-12.
Section 4. The authorized uses for the revenues derived from the assessment are
stated in San Rafael Municipal Code Section 10.08.090, and no changes to these uses are
proposed in the 2011-12 Annual Report. The authorized uses as stated in that section are:
(1) Provision of occasional free parking meters within the District;
(2) Decoration of any public place in the District;
(3) Promotion of public events occurring in the District;
(4) Furnish music in any public place in the District;
(5) General promotion of trade activities in the District;
Section 5. A full and detailed description of the improvements and activities to be
provided in Fiscal Year 2011-12, the boundaries of the area and the proposed assessments
to be levied upon the businesses within the area are contained within the 2011-12 Annual
Report of the Downtown Parking and Business Improvement District filed with the City
Clerk by the Downtown Business Improvement District Board.
Section 6. A public hearing shall be held before the City Council on May 16,
2011 in the City Council Chambers, 1400 Fifth Avenue, San Rafael, California.
Following the hearing, Council will consider adoption of a resolution levying the
assessment as recommended by the Downtown Business Improvement District Board. At
this hearing, Council will hear all interested persons and protests may be made orally or
in writing. Written protests shall be filed with the City Clerk at or before the hearing. A
written protest may be withdrawn in writing at any time before the conclusion of the
public hearing. Any protest pertaining to the regularity or sufficiency of the proceedings
shall be in writing and shall clearly set forth the irregularity or defect to which the
objection is made. Council may correct minor defects in the proceedings during the
hearing. If written protests against the assessment are received from business owners that
will pay fifty percent or more of the proposed assessment, no further proceedings to levy
the assessment shall be taken for one year from the date of the finding of a majority
protest by Council. If the majority protest by business owners is against the furnishing of
a specified improvement or activity within the District, those improvements or activities
shall be eliminated. In order to be counted towards a majority protest, each written
protest shall be from the business owner and contain a business description sufficient to
identify the business. If the protesting person is not shown on the City's official business
license records as owner of the business, the protest shall contain written evidence that
the person is the business owner.
Section 7. The City Clerk is hereby directed to give notice of said hearing by
causing the Resolution of Intention to be published once in a newspaper of general
circulation in the City of San Rafael not less than seven days before the public hearing.
I, ESTHER C. BEIRNE, City 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 Council of said City held on the second day of May, 2011, by the
following vote:
AYES: COUNCIL MEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL, MEMBERS: None
�rx G A r -'e
ESTHER C. BEIRNE, City Clerk
Attachment A
Downtown Parking and Business
Improvement District
2011-12 Annual Report
Annual Report Summary
This Annual Report of the Downtown Improvement District (BID) for the Downtown
Parking and Improvement District complies with the requirements listed in Section 36533
of the Streets and Highways Code. In summary, they are:
1. No changes are proposed for the boundaries of the Parking and Business
Improvement District or in any benefit zones within the area. A map of the
District boundaries is attached.
2. The improvements and activities to be provided are listed in the attached BID
Budgets 2010-2011 and 2011-2012. In general they are events, marketing and
promotions, and administration.
3. An estimate of the cost of providing the improvements and activities is shown in
the attached BID Budget 2010-2011 and 2011-2012. The total estimated to be
spent is $71,300. The BID Board of Director's are being very conservative with
their spending this year due to the fact that they will be losing their financial
contribution from the RDA and the future of the PG&E parking lot is unknown.
It should also be noted that the duties and responsibilities of the Director will be
reviewed later this year as the BID moves towards restructuring the organization.
4. The method and basis for levying the assessment is explained in the attached
Method and Basis for Levying the Assessment. In general, it is one half of the
business license fee.
5. The contribution to be made from sources other than assessments is $65,132 and
is provided by a contribution from the San Rafael Redevelopment Agency, event
income and revenue from the Lindaro parking lot.
Method and Basis for Levying the Assessment
The method and basis for levying the assessment are stated in San Rafael City Municipal
Code Section 10.08.070, A system of assessments for charges imposed, and include the
following:
Membership: All business entities within the District boundaries other than financial
institutions, service businesses, and professionals.
Voluntary Membership: Financial institutions, service businesses, professionals and
property owners within and outside the District may voluntarily become a member by the
payment of an amount equal to 50% of their business license fee.
Assessments: Each business entity within the District boundaries, other than financial
institutions, service businesses, and professionals, shall pay an amount not to exceed fifty
percent of the business license charge for each business as set forth in the current city
business license fee schedule, as amended annually. Those businesses within the
boundaries of the District who are exempt from the payment of a business license fee
under state law shall not be assessed, nor shall an assessment be levied for apartments,
boarding and rooming houses, mobile home parks, hospitals, convalescent homes,
nursing homes, rest homes, or sanitariums, and ambulance services.
City Business License Fee Schedule: The city business license fee schedule
applicable to fiscal year 2009-10 is Schedule A as applied to contractors, all retail,
wholesale and general service uses is:
GROSS RECIEPTS
$0
- $25,000
$25,001
- $50,000
$50,001
- $100,000
$100,001
- $200,000
$200,001
- $300,000
$300,001
- $500,000
$500,001
- $1,000,000
$1,000,001
- $2,000,000
$2,000,001
- or more
$40.00
$60.00
$80.00
$80.00 plus $0.70 per $1,000 over $100,000
$150.00 plus $0.60 per $1,000 over $200,000
$210.00 plus $0.50 per $1,000 over $300,000
$310.00 plus $0.40 per $1,000 over $500,000
$510.00 plus $0.30 per $1,000 over $1,000,000
$810.00 plus $0.20 per $1,000 over $2,000,000
BID Budgets 2010-2011 and 2011-2012
2010-
2011-
2011
2010-2011
2012
Budget
Actual (Est.),
Budget
Income
BID Dues
18,000
15,000
15,000
Interest
0
132
132
Lindaro Parking Lot
25,000
30,149
30,000
May Madness Income
15,000
22,692
22,000
Redevelopment Contribution
13,000
13,000
13,000
Total Income
71,000
80,973
80,132
Expense
Lindaro Parking Lot Expense
6,800
5,711
6,000
Events Expense
Events New
0
1,350
0
Events Returning
0
2,500
2,500
3,850
2,500
Marketing & Promotions
Downtown Map
0
3,000
0
Coupon books
2,000
0
0
Halloween
2,000
1,711
1,800
Holiday Window Display/gift guide
1,500
1,155
1,500
Outdoor ( regional ads)
3,000
0
0
Print ads
4,700
500
500
Other
0
512
0
Total Marketing & Promotions
13,200
6,878
3,800
May Madness Expense
15,000
23,407
23,000
Office
Office Supplies
1,100
570
1,100
Phone
1,020
936
1,020
Postage
120
207
120
Website
650
650
650
Office - Other
110
717
110
Total Office
3,000
3,080
3,000
Salaries
33,000
33,000
33,000
Total Expense
71,000
75,926
71,300
Net Income
0
5,047
8,832