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Home My WebLink AboutCC Resolution 11720 (BID Levy Assessment)RESOLUTION NO. 11720 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE 2005-06 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 2005-06 AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR APRIL 18, 2005 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 on December 20, 2004, Council appointed the members of the Downtown Business Improvement District Board (Board) which acts as overseer of the District activities; and WHEREAS the Board has submitted an Annual Report to Council that outlines the activities of the District proposed for fiscal year 2005-06 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 2005-06 Annual Report of the Downtown Parking and Business Improvement District as submitted to the City Clerk by the Downtown Business Improvement District Board. IIIao ��1•' i 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 2005-06 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 2005-06. 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 2005-06 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 2005-06, the boundaries of the area and the proposed assessments to be levied upon the businesses within the area are contained within the 2005-06 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 April 18, 2005, 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 21 st day of March, 2005, by the following vote: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Jeanne M. Leoncini, City Clerk Downtown Parking and Business Improvement District 2005-06 Annual Report ra �� 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 on page 2 of this Report. 2. The improvements and activities to be provided are listed in the Income and Expenses expected for FY 2005-2006 on Page 3. In general they are events, marketing and promotions, website and administration. 3. An estimate of the cost of providing the improvements and activities is listed in the Income and Expenses expected for FY 2005-2006 on Page 3. The total estimated to be spent is $84,225. 4. The method and basis for levying the assessment is stated on page 4 of this Report. In general, it is one half of the business license fee. 5. There is a surplus of $43,835 carried over from a previous fiscal year shown in the Income and Expenses expected for FY 2005-2006 on Page 3. 6. The contributions to be made from sources other than assessments is $74,260 and is provided by a contribution from the San Rafael Redevelopment Agency, sponsorships and revenue from the BID parking lot. -1- Income and Expenses Expected for FY 2005-2006 Estimated Beginning Balance $43,835 INCOME: Assessments $15,000 Redevelopment Contribution $32,760 Merchant Parking Lot $39,000 Sponsorships $ 2,500 Total Income: $89,260 EXPENSES: Events (%39 May Madness $ 1,500 Downtown Alive $ 3,200 Italian Street Painting $ 325 Art Beat $ 2,500 Downtown's Cookin' $ 5,000 Trick or Treat $ 39700 Parade of Lights/WinterW $19,000 Total Events: $35,225 Office/Administration (%3 6) $32,500 Marketing Promotions (%17) $15,000 (ad campaigns and newsletter) Website(%2) $ 1,500 Total Expenses: $84,225 Surplus: (%6) $ 5,035 Estimated End Balance $48,870 -3- 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 2005-06 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 17.E $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 -4-