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HomeMy WebLinkAboutOrdinance 1356 (Downtown Parking & Business Impr.)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1356 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.08 ENTITLED "DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA" is a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 5th day of November 1979, published as required by City Charter in the Independent -Journal a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 19th day of November , 1979, by the following vote, to wit: AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of th'e City of San Rafael this 4th day of December . , 1979. � j J A L_71. LEONCINI, ity ClerkY ORDINANCE NO.1356 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.08 ENTITLED "DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA" THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 10.08 "Downtown Parking and Business Improvement Area" is hereby added to the San Rafael Municipal Code to read and povide as follows: CHAPTER 10.08 DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA Section 10.08.010 Purpose. 10.08.020 Definitions. 10.08.030 Resolution of Intention. 10.08.040 Hearing of Formation. 10.08.050 Description of Boundaries of Area. 10.08.060 Businesses Subject to Amendments. 10.08.070 System of Assessments or Charges Imposed. 10.08.080 Parking and Business Area Established. 10.08.090 Uses of Revenue. 10.08.100 Findings of Benefit. 10.08.010 Purpose. The purpose of this Chapter is to author- ize the City of San Rafael to impose assessments or charges, or both, on business within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City, and to use such proceeds for the benefit of businesses within such area by doing any of the following: (a) Promotion of business activities in the area; (b) Decoration of public places within the area; (c) Promotion of public events which are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area. 10.08.020 Definitions. All definitions contained within Streets and Highways Code §36501 et seq. are incorporated by reference as though fully set forth, except as the same are modified herein. "Business" as used in this Chapter means all types of busi- ness, including professions, except those types of business specifi- cally excepted herein. "City Council" means the City Council of the City of San Rafael. r. L ORDINANCE NO. 1356 10.08.030 Resolution of Intention. The Parking and Business Improvement Area hereby created was initiated pursuant to the provisions of Streets and Highways Code §36521 which requires adoption of a Resolu- tion of Intention by the legislative body of any city creating such an area. The City Council of the City of San Rafael, at a regular City Council meeting on October 15, 1979 adopted Resolution No. 5782, a Resolution of Intention of the City of San Rafael to Establish a Parking and Business Improvement Area Pursuant to Streets and Highways Code §36500 et seq. 10.08.040 Hearing on Formation of Area. Pursuant to the re- quirements of Streets and Highways Code §36525, the City Council of the City of San Rafael held a Public Hearing at a regularly -scheduled City Council meeting on November 5, 1979 for the purposes of receiving testimony, protests, and any other comments from those businesses within the proposed Area, and to receive any other information concerning the formation of the Area. 10.08.050 Description of Boundaries of Area. The Downtown Parking and Business Improvement Area created herein is described as f of 1 ows : All those properties fronting on the North side of Fifth Avenue between "C" Street and Lincoln Avenue, excluding therefrom those properties designated as Assessor's Parcel Numbers 11-213-12, 16 & 19 as shown on the County of Marin Assessor's Maps of 1979; all those properties within the blocks bounded by "H" Street, Fifth Avenue, Lincoln Avenue and Fourth Street; all those properties fronting on the South side of Fourth Street from a point 335 feet West of Ida Street easterly to "E" Street; all those properties within the blocks bounded by "E" Street, Fourth Street, Lincoln Avenue and Third Street; all those properties fronting on the West side of "E" Street between Fourth Street and Second Street; all those properties within the blocks bounded by "E" Street, Third Street, Lindaro Street and Second Street, excepting therefrom those properties known as Assessor's Parcel Numbers 11-252-10 & 11, 11-254-09, 10 & 11, 11-256-13, 14, 15 & 16, 11-262-11, 12 & 19 as shown on the County of Marin Assessor's Maps of 1979; all those properties within the block bounded by Third Street, Lincoln Avenue and Ritter Street. The boundary of and the area included therein of the properties described above are shown on the map entitled Exhibit "A" attached hereto and incorporated herein. - 2 - ORDINANCE NO. 1356 Said Area is reflected on a graphic, Exhibit "A", attached hereto and incorporated herein by reference. 10.08.060 Businesses Subject to Amendments. All businesses in the Area hereby created and established by this Ordinance shall be subject to any amendments enacted or adopted by the City Council of the City of San Rafael to this Chapter. 10.08.070 System of Assessments for Charges Imposed. A charge system is hereby levied whereby each business entity within the Business Improvement Area, hereby created, shall pay an amount not to exceed fifty percent (50%) of the business license charge for each business within said Area, as set forth in the current City of San Rafael 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. 10.08.080 Parking and Business Area Established. Pursuant to the provisions of Streets and Highways Code §36500 et seq., the City Council hereby establishes a downtown Parking and Business Improvement Area. 10.08.090 Uses of Revenue. The proposed uses for the revenues derived from the Parking and Business Improvement Area assessments shall be used for the following purposes: (a) Pay for occasional free parking intervals at parking meters within the Business Improvement Area; (b) Decoration of any public place in the area; (c) Promotion of public events which are to take place on or in public places in the area; (d) Furnish music in any public place in the area; (e) The general promotion of trade activities in the area. - 3 - ORDINANCE NO. 1356 10.08.100 Finding of Benefit. The City Council, after hold- ing a Public Hearing and receiving the testimony and comment of busi- nesses within the proposed downtown Parking and Business Improvement Area does hereby find that those businesses lying within the proposed Business Improvement Area will be benefited by the expenditure of the funds raised by the assessments or charges proposed to be levied. This finding is based on the following reasons: (a) Concomitant with the redevelopment beautification effort in downtown San Rafael, promotion of those businesses within the area, promotion of special events, and furnishing decorations and music from time to time shall promote the downtown San Rafael Area and, consequently benefit the community as a whole. (b) Subsequent to the passage of Proposition 13 by the electorate of the State, local funds for the purposes of promotion are limited, and such burden is more properly assumed by those business entities which are directly benefited. (c) Through beautification and promotional efforts, the Downtown Area of the City of San Rafael may attract new business interests to further re- vitalize the City of San Rafael. DIVISION 2. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, section, sentence, or word is declared to be severable. DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: J &WNE M. LE NCINI , City Clerk - 4 - LAWRENCE E. MU'RYAN, Mayor ORDINANCE NO. 1356 The foregoing Ordinance No. 1356 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 5th day of November 1979, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Jensen and Nixon and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 19th day of November , 1979. 0 A E 1. LEONCINI�,City Clerk - 5 - 27.1 A/20 - 24 1 I .nn ;.x% Z.L'i ORE'