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HomeMy WebLinkAboutED Downtown Parking & Business Improvement District AssessmentCITU OF�� Agenda Item No: 17 n6Meeting Date: June 15, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Economic Development 61 Prepared by: Nancy Mackle (kk) )V" "City Manager Approval: SUBJECT: Resolution levying an annual assessment for the Downtown Parking and Business Improvement District for fiscal year 2009-10. RECOMMENDATION: Staff recommends that the City Council adopt the resolution levying an annual assessment for the Downtown Parking and Business Improvement District for fiscal year 2009-10. BACKGROUND: State law requires City Council to annually renew and levy an assessment for the Downtown Parking and Business Improvement District. The first step in this process was taken on June 1, 2009, when Council adopted Resolution No. 12752 approving the 2009-10 Annual Report submitted by the Downtown Business Improvement District Board (BID), declared Council's intent to levy an annual assessment for the District for the fiscal year 2009-10, and set a public hearing for June 15, 2009 to consider levying the renewed assessment. The Resolution was published in the Independent Journal for at least 7 days prior to the hearing. ANALYSIS: In order to finalize the annual levy for the District fees, Council must hold a public hearing. At the public hearing, Council shall review any protests to the assessment. If business owners that would pay 50% or more of the proposed assessment protest in writing, no further action can be taken to levy an assessment for one year. Council may order changes in any of the matters proposed in the Annual Report, including the assessments, the improvement and activities to be funded, and the boundaries of the District. At the conclusion of the hearing, Council may adopt a resolution confirming the Annual Report as filed or as changed by Council during the hearing. The adoption of the resolution shall constitute the levy of the assessment for the year. As of the date of this staff report, no written protests have been received. The proposed assessment is one half of the Business License Fee. As was shown in the 2009-10 Annual Report, the BID proposes to augment this income with revenue from the operation of the merchant parking lot, a contribution from the Redevelopment Agency, and from sponsorships. Events, marketing promotions, a website, and office administration are the main areas where the funds will be spent. FISCAL IMPACT: There is no direct fiscal impact to the City as there is no direct City contribution. However, the purpose of the District is to improve the economic health and vitality of the Downtown, add to the image of the City and thereby contribute to the sales tax revenues generated by Downtown. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 OPTIONS: • Direct that changes be made in the assessment or activities proposed to be carried out. • Continue the hearing to another date. ACTION REQUIRED: Adopt the resolution levying an annual assessment for the Downtown Parking and Business Improvement District for fiscal year 2009-10. Encls. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL LEVYING AN ANNUAL ASSESSMENT FOR THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009-10 BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS the Downtown Business Improvement District Board submitted an Annual Report to the City Council outlining the activities proposed for the fiscal year 2009-10 as required by California Streets and Highways Code Section 36533; and WHEREAS the Annual Report was found to be clear and complete and to comply with the interests of Downtown assessees; and WHEREAS on June 1, 2009, the San Rafael City Council adopted a Resolution of Intent which approved the Annual Report, declared their intention to levy assessments on businesses located within the boundaries of the District, and set a public hearing for June 15, 2009 where interested persons may be heard for or against levying the assessment; and WHEREAS the City Clerk published the Resolution of Intent in a local newspaper of general circulation in compliance with necessary public notice requirements; and WHEREAS a public hearing was held allowing all interested parties to speak on the matter; and WHEREAS there have not been protests by business owners in the District who collectively pay fifty percent or more of the assessment proposed to be levied. NOW, THEREFORE IT IS HEREBY RESOLVED that an annual assessment for the Downtown Parking and Business Improvement District be levied for the fiscal year 2009-10 as stated in the approved 2009-10 Annual Report. 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 meeting of the Council of said City held on the 15th day of June, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Esther C. Beirne, City Clerk