HomeMy WebLinkAboutCC Resolution 12487 (BID Assessment)RESOLUTION NO. 12487
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING THE 2008-09 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 2008-09 AND DIRECTING THE CITY CLERK
TO SCHEDULE A PUBLIC HEARING FOR MAY 19, 2008
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 2008-09 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 2008-09 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 2008-09 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
2008-09.
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 2008-09 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 2008-09, the boundaries of the area and the proposed assessments
to be levied upon the businesses within the area are contained within the 2008-09 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 19,
2008 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 5th day of May, 2008, by the following
vote:
AYES: COUNCIL MEMBERS: BROCKBANK, CONNOLLY, HELLER, MILLER & MAYOR BORO
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Esther C. Beirne, City Clerk
Downtown Parking and Business
Improvement District
2008-09 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 Budget
7-1-08 / 6-30-09. 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 Budget 7-1-08 / 6-30-09. The total estimated to be spent is $75,900.
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 contributions to be made from sources other than assessments is $60,900 and
is provided by a contribution from the San Rafael Redevelopment Agency,
sponsorships and revenue from the Lindaro parking lot.
6. There is a surplus of $98,345.14 carried over from previous years shown in the
attached Estimated Balance Sheet 4/30/08.
LINCO
I
w
133a S
133US
133MUS
10
LL
Pi
1398 -LS
r
_J
i
LL
Budget 7-1-06/6-30-09 - 2009
7/1/2008 through 6/30/2009 Using 7-1-08 to 6-30-09 Budget
4/4/2008
7/1/2008 - 6/30/2009
Category Description Actual Budget Difference
INCOME
BID Dues
0.00
15,000.00
i'' 0w0
Event Income
May Madness
Sponsorship (May Madness)
0.00
2,500.00
Other Event Income:May Madness
0.00
13,000.00
TOTAL May Madness
0.00
15,500.00
Other Event Income
0.00
0.00
0.00
TOTAL Event Income
000
15,500.00
Lindaro Parking Lot
000
32,400.00
Misc Income
Other Misc Income
0.00
0.00
0.00
TOTAL Misc Income
0.00
0.00
0.00
Redevelopment Contribution
0.00
13,000,00
TOTAL INCOME
0.00
75 900.00
EXPENSES
Events - BID Produced
Halloween
0.00
2,000.00
2,000.00
Holiday Window Display
0.00
1,500.00
1,500,00
May Madness
0.00
16,500.00
16,500.00
Other Events - BID Produced
0.00
0.00
0.00
TOTAL Events - BID Produced
0.00
20,000.00
20,000.00
Events - BID Sponsor
Events - New
0.00
4,000.00
4,000.00
Events - Returning
0.00
0.00
0.00
Other Events - BID Sponsor
0.00
000
0.00
TOTAL Events BID Sponsor
0.00
4,000.00
4,000.00
Lindaro Parking Lot Expense
000
5,500.00
5,500.00
Marketing 8 Promotions
Advertising Expense
0,00
3,000.00
3,000.00
Marketing Project
0.00
7,000.00
7,000.00
Other Marketing & Promotions
0.00
0.00
0.00
TOTAL Marketing 8 Promotions
0.00
10,000.00
10,000.00
Misc Expense
0.00
0.00
0.00
Office
Office Supplies
0.00
1,000.00
1,000.00
Phone
0,00
960.00
960.00
Postage
0.00
100.00
100.00
Website
0.00
65000
65000
Other Office
0.00
690.00
690.00
TOTAL Office
000
3,400.00
3,400.00
Office -Salary
0.00
33,000.00
33,000.00
TOTAL EXPENSES
0,00
75 900.00
75 900.00
OVERALL TOTAL
0.00
0.00
0.00
ESTIMATED / Budget 7-1-07/ 6-30-08 - Current Year
7/1/2007 through 6/30/2008 Using BID Budget 7-1-07 to 6-30-08
4/30/2006
7!1/2007 - 8/30/2008
Category Description Actual Budget Difference
INCOME
_
BID Dues
16,933.21
15,000.00
1,933.21
Event Income
May Madness
-
Sponsorship (May Madness)
500.00
2,500.00
-2,000.00
Other Event Income:May Madness
9,762.00
14,000.00
-4,238,00
TOTAL May Madness
10,262 00
16,500.00
6.238.00
Event Income
0.00
0.00
0.00
_Other
TOTAL Event Income
10,262.00
16,500.00
-6,238.00
Lindaro Parking Lot
28,457.09
34,000.00
-5,542.91
Misc Income
Bank Deposit Adjustment
-120.00
0.00
-120.00
Depost Refund
0.00
0.00
0,00
Interest Income
245.78
0.00
245.78
Other Misc Income
0.00
0.00
0.00
TOTAL Misc Income
125.78
0.00
125.78
Redevelopment Contribution
13,000.00
13,000.00
0.00
TOTAL INCOME
68,778.08
78,500.00
-9,721.82
EXPENSES _
Events - BID Produced
Halloween
4,548.11
3,500.00
-1,048.11
Holiday Window Display
0.00
0.00
0.00
May Madness
11,741.59
16,500.00
4,758,41
Other Events - BID Produced
0.00
0.00
0.00
TOTAL Events - BID Produced
16,289.70
20,000.00 -
3,710.30
Events - BID Sponsor
Events - New
2,000.00
2,000.00
0.00
Events - Returning
2,709.25
3,000.00
290.75
Other Events - BID Sponsor
0.00
0.00
0.00
TOTAL Events - BID Sponsor -
4,709.25
5,000.00
290.75
Lindaro Parking Lot Expense
9,403,00
3,000.00
-6,403.00
Marketing & Promotions
Advertising Expense
90000
0.00
-900.00
Downtown Map
0.00
5,000.00
6,000.00
Holiday Gift Guide
4,639.00
5,000.00
361.00
Marketing Project
4,800.00
4,800.00
0.00
Other Marketing & Promotions
0.00
0.00
0.00
TOTAL Marketing & Promotions
10,339.00
14,800.00
4,461.00
Misc Expense
0.00
0.00
0.00
Office
Bank Charge
15.00
0.00
-15.00
Office Supplios
85760
0.00
-857.60
Phone
971.02
0.00
-971.02
Postage
82.00
0.00
-82.00
Website
2,571.35
2,200.00
-371.35
Other Office
665.93
2,750.00
2,084.07
TOTAL Office
5,152.90
4,960.00
-212.90
Office Salary
30,000.00
30,000,00
0.00
TOTAL EXPENSES
75,903.85
77,750.00
1,846.15
OVERALL TOTAL
.7,125.77
750.00
-7,875.77
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 2008-09 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
ESTIMATED Balance Sheet - As of 4/30/2008
As of 4/30/2008
4/30/2008
4/30/2008
Account Balance
ASSETS
Cash and Bank Accounts
Checking
37,596.76
Money Market
60,246.24
Savings
0.00
Petty Cash
502.14
TOTAL Cash and Bank Accounts
98,345.14
TOTAL ASSETS
98,345.14
LIABILITIES
Other Liabilities
Payables 0.00
TOTAL Other Liabilities 0.00
TOTAL LIABILITIES 0.00
OVERALL TOTAL 98,345.14