HomeMy WebLinkAboutCC Resolution 11941 (BID Assessment)RESOLUTION NO. 11941
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING THE 2006-07 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 2006-07 AND DIRECTING THE CITY CLERK
TO SCHEDULE A PUBLIC HEARING FOR MAY 1, 2006
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 Highways 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 2006-07 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 assesses 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 2006-07 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
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in the 2006-07 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
2006-07.
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 2006-07 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 2006-07, the boundaries of the area and the proposed assessments
to be levied upon the businesses within the area are contained within the 2006-07 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 1, 2006
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, JEANNE M. LEONCINI, 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 17th day of April, 2006, by the following
vote:
AYES: COUNCIL MEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Miller
Jeanne M. Leoncini, City Clerk