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HomeMy WebLinkAbout2011-05-02_cityofsanrafael_65b4004f867bc6106f0c9a2bdea1990eC/TY OF Agenda Item No: 6 Meeting Date: May 2, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Economic Development Prepared by: Stephanie Lovette _. City Manager,APProvagl SUBJECT: Resolution of the City Council of the City of San Rafael approving the 2011-12 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 2011-12 and directing the City Clerk to schedule a public hearing for May 16, 2011 to consider levying the assessment. RECOMMENDATION: Staff recommends that the City Council adopt the resolution. BACKGROUND: Council appointed the Downtown Business Improvement District Board (BID) as the advisory board for the Downtown Parking and Improvement District, which was formed in 1982. Since the District's formation, the City has collected fees as part of the business license issuance and annual renewal process. State implementing law for business based BIDS requires Council to renew the assessment annually with a specific procedure. ANALYSIS: An Annual Report is one of the steps to levy the annual assessment, and the report submitted by the BID addresses all the State mandated items. A copy of the Report is attached as Exhibit A. Specifically, the District name and boundaries are shown and no boundary change is proposed. As proposed in the Report, the assessment will be used for events, administration, marketing and promotions. Event income, revenue from the BID parking lot and a contribution from the Redevelopment Agency are the other sources of the BID's revenue. The proposed assessment is one half of the City's business license fee, and the method of calculating the license fee is explained in detail. In order to levy the assessment, Council must approve the Annual Report, declare its intent to levy an annual assessment for the fiscal year of 2011-12, and set a public hearing to discuss the assessment for May 16, 2011. Notice of the hearing will be published in the newspaper at least 7 days prior to the hearing. At the public hearing, Council shall review any protests to the assessment. If written protests are given by business owners that would pay 50% or more of the proposed assessment, no further action can be take to levy an assessment for a period of one year. Council may order changes in any of the matters in the Annual Report, including changes in the FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 proposed assessments, the proposed improvements and activities to be funded, and the proposed boundaries of the District. At the conclusion of the hearing, Council may adopt a resolution confirming the Annual Report as filed or as directed by Council during the hearing. The adoption of the resolution shall constitute the levy of the assessment for the year. FISCAL IMPACT: There is no direct fiscal impact to the City as there is no direct City contribution. There is a contribution from the Redevelopment Agency. 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. OPTIONS: • Determine that the Annual Report does not meet the requirements of the State enabling act and direct that the BID Board change the document. • Select another date for the public hearing. ACTION REQUIRED: Adopt resolution approving the 2011-12 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 2011-12 and directing the City Clerk to schedule a public hearing for May 16, 2011 to consider levying the assessment. ATTACHMENT: A - Downtown Parking and Business Improvement District 2011-12 Annual Report Attachment A Downtown Parking and Business Improvement District 2011-12 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 BID Budgets 2010-2011 and 2011-2012. 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 BID Budget 2010-2011 and 2011-2012. The total estimated to be spent is $71,300. The BID Board of Director's are being very conservative with their spending this year due to the fact that they will be losing their financial contribution from the RDA and the future of the PG&E parking lot is unknown. It should also be noted that the duties and responsibilities of the Director will be reviewed later this year as the BID moves towards restructuring the organization. 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 contribution to be made from sources other than assessments is $65,132 and is provided by a contribution from the San Rafael Redevelopment Agency, event income and revenue from the Lindaro parking lot. 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 2009-10 is Schedule A as applied to contractors, all retail, wholesale and general service uses is: GROSS RECIEPTS TAX $0 - $25,000 $40.00 $25,001 - $50,000 $60.00 $50,001 - $100,000 $80.00 $100,001 - $200,000 $80.00 plus $0.70 per $1,000 over $100,000 $200,001 - $300,000 $150.00 plus $0.60 per $1,000 over $200,000 $300,001 - $500,000 $210.00 plus $0.50 per $1,000 over $300,000 $500,001 - $1,000,000 $310.00 plus $0.40 per $1,000 over $500,000 $1,000,001 - $2,000,000 $510.00 plus $0.30 per $1,000 over $1,000,000 $2,000,001 - or more $810.00 plus $0.20 per $1,000 over $2,000,000 BID Budgets 2010-2011 and 2011-2012 Events Expense Events New 2010- 1,350 2011- Events Returning 2011 2010-2011 2012 Postage Budget Actual (Est.) Budget Income 650 650 650 BID Dues 18,000 15,000 15,000 Interest 0 132 132 Lindaro Parking Lot 25,000 30,149 30,000 May Madness Income 15,000 22,692 22,000 Redevelopment Contribution 13,000 13,000 13,000 Total Income 71,000 80,973 80,132 Expense 0 512 0 Lindaro Parking Lot Expense 6,800 5,711 6,000 Events Expense Events New 0 1,350 0 Events Returning 0 2,500 2,500 Postage 120 3,850 2,500 Marketing & Promotions 650 650 650 Downtown Map 0 3,000 0 Coupon books 2,000 0 0 Halloween 2,000 1,711 1,800 Holiday Window Display/gift guide 1,500 1,155 1,500 Outdoor ( regional ads) 3,000 0 0 Print ads 4,700 500 500 Other 0 512 0 Total Marketing & Promotions 13,200 6,878 3,800 May Madness Expense 15,000 23,407 23,000 Office Office Supplies 1,100 570 1,100 Phone 1,020 936 1,020 Postage 120 207 120 Website 650 650 650 Office - Other 110 717 110 Total Office 3,000 3,080 3,000 Salaries 33,000 33,000 33,000 Total Expense 71,000 75,926 71,300 Net Income 0 5,047 8,832 0 0 0 _0 (%j CL 0- ,< Ul 0:3 (D z U) 0 to0 (D 3 Co 0 co 0 Cit jYjNll - I --.I- - -31 ii c jYjNll - I --.I- - -31 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE 2011-12 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 2011-12 AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR MAY 16, 2011 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 2011-12 as required by the California Streets and Highways Code Section 36533; and WHEREAS the Amlual 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 2011-12 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 2011-12 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 2011-12. 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 2011-12 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 2011-12, the boundaries of the area and the proposed assessments to be levied upon the businesses within the area are contained within the 2011-12 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 16, 2011 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 second day of May, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ESTHER C. BEIRNE, City Clerk