HomeMy WebLinkAboutED Downtown Business Improvement (BID) Business Assessment Annual Renewal____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: November 15, 2021
Disposition: Resolution 14997
Agenda Item No: 5.c
Meeting Date: November 15, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by: Danielle O’Leary
Economic Development Director
City Manager Approval: ______________
TOPIC: DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) BUSINESS ASSESSMENT
ANNUAL RENEWAL
SUBJECT: RESOLUTION DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AN ANNUAL
ASSESSMENT FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT
DISTRICT
RECOMMENDATION:
Accept report and adopt resolution declaring the City Council’s intention to levy an annual assessment
for the Downtown San Rafael Business Improvement District.
BACKGROUND:
Section 36500 of the California Streets and Highways Code allows for the creation of a business
improvement district (BID) within a municipality, whereby businesses within the district self-assess an
annual fee in order to pay for improvements and activities which benefit the overall business district. The
intent of the state law is to provide a funding mechanism for business districts to promote economic
vitality.
In 1979, businesses in Downtown San Rafael set up a business district. This original district included
approximately 125 businesses along Fourth Street between Lincoln Avenue and E Street. In 2013, the
City Council voted to replace it with a larger district of approximately 700 businesses along Fourth Street.
The expanded district includes the West End and some side streets, as well as non-ground floor tenants
and other tenants not included in the original BID.
For 2021, the BID Board of Directors focused on supporting downtown businesses during the COVID-19
pandemic. The BID Board has been actively promoting Downtown through social media, the BID website,
marketing campaigns, email blasts, and acting as a conduit for sharing critical reopening information from
Marin Recovers and the State.
However, the largest and most consequential event for the BID Board in 2021, has been producing the
‘Dining Under the Lights’ (DUTL) outdoor dining event. DUTL was held Thursday and Friday evenings
starting in March and continued through the end of October 2021. The BID worked with dozens of
restaurants to make DUTL a signature event, with the intent of providing a lifeline to businesses impacted
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
by the pandemic. The BID Board also updated their bylaws, recruited new board members, created an
online searchable business directory, supported beautification programs including extending the Tivoli
lighting throughout Fourth Street, and also created new downtown pole-mounted banners to enhance the
downtown experience.
ANALYSIS
BID Renewal Process
Per State law, to renew the annual assessment, the City Council must first adopt a Resolution of Intention
to Levy an Annual Assessment and set a public hearing for a future date. In accordance with State law,
the annual renewal process for the BID assessment will take place at two City Council meetings as
follows:
Meeting #1 – November 15, 2021
Resolution of Intention to Levy an Annual Assessment: This meeting is intended to notify the public of
the process. The only action required is to accept the BID annual report, which reviews past BID Board
accomplishments and adopt the resolution of intention to levy an annual assessment. These actions do
not commit the City Council to any ultimate decision other than initiating the annual renewal process.
Meeting #2 – December 6, 2021
Public Hearing on Annual Assessment: This is the meeting to receive additional input from the public on
the annual BID assessment and to confirm the levy of an assessment for the upcoming year 2022.
COMMUNITY OUTREACH:
The BID will notify its members of the annual renewal process through its member communications,
including the BID e-newsletter, notifications on the BID website, and through agenda items at the monthly
BID Board meeting.
FISCAL IMPACT:
There is no fiscal impact associated with this action. The assessment collected by the City of San Rafael
on behalf of the BID is passed to the BID upon receipt.
OPTIONS:
The City Council has the following options to consider on this matter:
1) Accept report and adopt the resolution as presented.
2) Accept report and adopt the resolution with modifications.
3) Decline to accept the report and decline to adopt the resolution.
RECOMMENDED ACTION:
Accept report and adopt a resolution declaring City Council’s intention to levy an annual assessment for
the Downtown San Rafael Business Improvement District.
ATTACHMENTS:
1. Resolution
2. BID 2021 Annual Report, including:
A. Exhibit A: BID Map
B. Exhibit B: BID 2021 Assessment Formula
C. Exhibit C: BID Budget
D. Exhibit D: Memo – BID Financial Summary
RESOLUTION NO. 14997
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DECLARING THE CITY
COUNCIL’S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE
DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT
WHEREAS, California Streets and Highways Code Sections 36500 et seq.
authorizes cities to establish parking and business improvement areas for the purpose
of promoting economic revitalization and physical maintenance of business districts, in
order to create jobs, attract new businesses and prevent erosion of business districts;
and
WHEREAS, the Downtown San Rafael Business Improvement District (“BID”)
was established in 2013 to amend the existing Parking and Business Improvements
District instituted in 1979 in the commercial area on and around the Fourth Street
corridor in San Rafael; and
WHEREAS, pursuant to San Rafael Municipal Code Chapter 10.09 and
California Streets and Highways Code Section 36533, the Advisory Board of the BID
shall prepare an annual report for each calendar year in which assessments are to be
levied which the City Council shall review; and
WHEREAS, the BID Advisory Board has prepared and filed with the City Clerk its
“BID 2021 Annual Report” and the City Council has reviewed and approved the report;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San
Rafael as follows:
1. The City Council intends to levy and collect an annual benefit assessment for
calendar year 2022 on businesses in the Downtown San Rafael Business Improvement
District to pay for selected improvements and activities of the BID.
2. The boundaries of the entire area to be included in the BID, and the
boundaries of each separate benefit zone within the BID, are set forth in Exhibit A to the
BID 2021 Annual Report on file with the City Clerk.
3. The types of improvements and activities proposed to be funded by the levy
of assessments on business in the BID are set forth in Exhibit B to the BID 2021 Annual
Report on file with the City Clerk.
4. The method and the basis for levying the benefit assessment on businesses
within the BID are set forth in San Rafael Municipal Code Section 10.09.050.
5. All funds of the BID shall be expended on improvements and activities within
the BID.
6. New businesses shall not be exempt from payment of the fee.
7. A public hearing to consider the levy of the BID assessment shall be held
virtually before the City Council on December 6, 2021 at 7 p.m. in the Council
Chambers, 1400 Fifth Avenue, San Rafael, California. At the public hearing the
testimony of all interested persons, for or against the levy of the BID assessment or on
any of the matters included in the assessment, will be heard and all protests collected.
8. A protest against the assessment of the BID, or any aspect of the assessment
may be made in writing or orally at the public hearing. To be counted as a part of a
majority protest against the assessment of the BID, a protest must be in writing and
from a business in the BID. A written protest may be withdrawn from the record at any
time before the conclusion of the public hearing. Each written protest shall contain a
written description of the business in which the person signing the protest is interested,
sufficient to identify the business, and its address. If the person signing the protest is
not shown on the official records of the City of San Rafael as the owner of the business,
then the protest shall contain or be accompanied by written evidence that the person is
the owner of the business. Any written protest of the regularity of the proceedings shall
be in writing and clearly state the irregularity or defect to which objection is made.
9. If at the conclusion of the public hearing on December 6, 2021 there is a
record of written protests by business owners within the BID who will pay fifty percent
(50%) or more of the total assessments of the entire BID, no further proceedings to
amend the BID shall occur. New proceedings to amend the BID shall not be
undertaken again for a period of at least one year from the date of the finding of the
majority written protest by the City Council. If the majority written protest is against a
specific activity, inclusion of a specific area or type of business, or a specific
assessment amount, adjustments may be made to the amendment proposal.
10. Further information regarding the Downtown San Rafael Business
Improvement District may be obtained from the Office of Economic Development at
1400 Fifth Avenue, San Rafael, CA 94901.
11. The City Clerk is directed to give notice of said public hearing by publishing
the notice once in a newspaper of general circulation in the City of San Rafael, at least
seven days before the hearing; and by mailing a complete copy of this Resolution of
Intention to those interested parties who have filed a written request with the local
agency for mailed notice of public meetings or hearings on new or increased general
taxes.
I, LINDSAY LARA, 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 City Council of the City of San Rafael, held on Monday, the 15th day of
November 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk
President’s Message
Dear Fellow BID Members,
This year, the BID Board again supported San Rafael’s unique
Downtown businesses. Just like 2020, it wasn’t a year of business
as usual, but we all helped create many positive outcomes.
...
The Board focused on keeping our Downtown business owners
informed. We continued the popular Dining Under The Lights
program and we constantly worked on promoting our Downtown
through social media, our website and marketing campaigns. Our
goal was to keep our community and members safe while giving
everyone a fun destination to enjoy while Supporting Local.
It’s been my pleasure to serve as Board President. I will continue to
work as the Board’s event chair. A big thank you to Executive Director
Eda Lochte who is also stepping down after years of service to our
members and community.
...
Please visit DowntownSanRafael.org to see all the BID is doing, to
update your directory listing and continue to be involved.
Jaime Ortiz, President 2016, 2017, 2018, 2019 & 2021
_________________________________________________
..
.
.
2022
Interim President - Jed Greene
Five Corners Group
Vice President – Adam Dawson
Mike’s Bikes
Secretary – Tobi Lessem
Bodywise Massage
Treasurer – TBD
Event Chair – Jaime Ortiz
Bank of Marin
Social Media Chair – Erika Bowker
Pleasures of the Heart
Directors
.
. Jeff Brusati – T & B Sports
.
Morgan Schauffler – Youth in Arts
Elisabeth Setten – Art Works Downtown
Terrance Thornton --
San Rafael Martial Arts
Bishlam & Amy Bullock – new
Salon B Style Lab
..
BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORT
2021
SAN RAFAEL
DOWNTOWN BID
BID Board of Directors
SHOP LOCAL*EAT LOCAL
SUPPORT SAN RAFAELM•M !tiH h&tffi ·OBih ·ii ·M
2021 ACCOMPLISHMENTS
▪ Banners – designed, created and installed colorful vertical pole banners welcoming all and
highlighting Business, Arts, Dining, Shopping, and the West End Village.
▪ Member emails, newsletters, and updates – continuously updated members on Covid-19 and
other information. Explained details and provided links to sources, including Marin Recovers,
PPE and safety protocols, PPP loans, small business grants and classes, permits and more.
..
▪ Hands-on help - engaged with members by email, phone and in person amidst day-to-day
changes of the pandemic and business requirements.
▪ Bylaws – amended, restated and approved outdated bylaws with pro bono legal advice from
attorney Jeff Schoppert.
.
▪ Building the Board - recruited, nominated and voted in new Directors, creating a more inclusive
and diverse group.
▪ Parking - worked with City Parking and Public Works depts. to continue 15-minute parking.
Promoted free weekend parking and 3-hours free holiday parking in City garages, West End lot.
▪ Website updates – updated content for BID members and public visitors, highlighted Dining
Under the Lights and other events. Built status box to notify partners and public of confirmed and
canceled dates, music, and mobile vaccination clinics.
▪ Created/maintained online searchable directory - Downtown businesses can create and
continuously update their listing (open, special hours, sales, etc.) Drove online audience traffic to
directory through banners, ads and social media.
..
▪ City partnerships – worked with City government and departments including Economic
Development, Public Works, Parking, Parks & Recreation and SRPD.
..
▪ Collaborations - Partnered with Downtown San Rafael Arts District (DSRAD), SR Chamber,
CFI, Marin Multicultural Center, SBDC, County Dept. of Public Health and Human Services.
▪ Outdoor dining areas – coordinated between businesses and City to secure permits to create
outdoor dining in parking spaces to support restaurants during Covid.
▪ Beautification initiatives – after spearheading West End pilot Tivoli overhead lighting project in
2019, acted with City Public Works to extend the lights east to the SMART station in time for
kickoff of Dining Under the Lights.
▪ Donations – was a donor partner to nonprofit Marin
Multicultural Center for Dia de los Muertos events and to
CFI for Mill Valley Film Festival—both bring many Marin
visitors to Downtown.
▪ Dia de los Muertos window displays & car
procession – 14+ Downtown merchants presented window
altars for Day of the Dead. Collaboration with Marin
Multicultural Center, San Rafael Dia de los Muertos, City
Rec Dept. and artists.
..
▪ Downtown San Rafael Arts District collaboration – appointment of creative place making
specialist to explore funding opportunities for BID and DSRAD.
.
▪ Online posts of art news – DSRAD/BID cross promotional Instagram @artsanrafael,
698 followers +37%, Facebook 524 followers, +19% from 2020.
.
▪ Social media director – Board member Erika Bowker
actively posts to 5,600 followers on Instagram and
Facebook, multiplies effects by engaging with Downtown
businesses’ social media and email campaigns. BID added
2,000+ followers this year. ..
▪ Downtown and DUTL promotion – marketed through
posters, print ads and digital media: BID website, Facebook
page, NextDoor, Instagram, Marin IJ and Pac Sun, as well
as PR sites and articles. Strategic paid-ad boosts on
Facebook. Coached merchants to feature Dining Under the
Lights (DUTL) on their websites, newsletters and email
lists to increase diners and shoppers Downtown.
.
▪ Partnered with CFI (California Film Institute) and
Mill Valley Film Festival – sponsored VIP Lounge
with help from the City's Economic Development Dept.
The goal was promoting foot traffic to our BID District to
support local small businesses.
.
▪ Holiday window decorating contest – award annual prizes
to bring Downtown activity and festive fun.
.
▪ Shop San Rafael Season - print and digital ad campaigns for holiday season and free parking.
EVENTS
In 2021, we produced some new and some traditional events in reduced formats due to the pandemic:
o Dining Under The Lights (Th. & Fri., March through Oct.)
o 33nd Annual May Madness (pivoted to Sat. Cruise Night, held August 28)
o 33nd Trick or Treat on Fourth Street (Sat. Oct. 23)
o 2nd Dine in Costume at DUTL (Th. Oct. 28 & Fri. Oct. 29)
o Clean & Green Day (Th. April 22, Earth Day – gave free litter grabbers to BID members)
o Shop San Rafael Season ( featuring print and digital ad campaigns)
o Windows & Holiday Cheer - (Sat, Dec. 10, shopping/hospitality evening with window
decorating contest and prizes)
Dining Under the Lights and Outdoor Dining Areas
In 2021, the BID and ED Eda Lochte resumed the popular Dining Under the Lights (DUTL) on-street
dining program which was created early in the pandemic with substantial help from the City of SR.
We also advocated for and donated to the sparkling overhead lights to beautify our Downtown. Public
Works installed the lights just in time to illuminate 4th Street dining. We also helped with permits and
information/advocacy for semi-permanent outdoor dining parklets allowed through Nov. 2022. This is
gives participating food and drink businesses an
opportunity to recoup their construction expenses.
DUTL initially gave the public an outlet to feel
safely distanced and protected, enjoy a bit of
normalcy and support their local small business
owners. It became a fun Thursday/Friday
countywide destination providing live music and
community.
DUTL promotes Downtown by providing foot traffic
for other businesses, expanding exposure to patrons
of different demographics and giving our merchants
a boost.
In addition to creating a vibrant European feel, outdoor seating also attracted a variety of diners.
Families with bikes and dogs appreciate the freedom of casual outdoor dining. These improvements can
stimulate higher revenues and brighter financial forecasts for our City and all Downtown businesses.
We hope to continue our successful DUTL in 2022 and beyond. Survey responses indicate most
respondents love the program and wish to continue it every summer. We also plan to help guide the path
to permanent outdoor seating opportunities.
..
Applause for Leaders of BID Success as They Step Down
The BID extends much appreciation to Jaime Ortiz from Bank of Marin. He
has tirelessly steered the BID through some of its most challenging years and
has generously devoted his time to our Downtown. After serving four one-year
terms as Board president, Jaime is stepping away. But he’s still contributing to
the community by staying on the Board as event chair, a role he has already
been fulfilling.
We also say goodbye and thank you to Eda Lochte, the executive director. She held
the ED position for 10 years in the ‘90s and after retiring for a time, Eda was
persuaded to retake the helm. Now, after four years of leading member
communication and advocacy, and Board cooperation and growth, she is re-retiring.
.
Eda leaves several new programs in her wake. In fact, together, Jaime and Eda
created a legacy Downtown—among them the twinkling overhead lights, the banners,
the 15-minute parking-spaces, the outdoor dining parklets and the DUTL program.
The BID Organization and 2022 Work Plan
Our 2022 agenda again emphasizes ensuring the BID’s organizational foundation is strong, fiscally
responsible and able to promote Downtown to members and the community.
▪ Communicate with members/community outreach – continue engagement
via website, email, newsletters, social media, marketing, advertising, in person
▪ Beautification & Art – work with the City advocating for making Downtown
a clean, aesthetically pleasing and welcoming place
▪ Add board members and volunteers – continue to actively recruit committee
members and engage prospective board members to build an inclusive
environment for greater equity and diversity
▪ Raise BID funding – explore supplemental funding sources through business
sponsorship of events, matching funds and more
▪ Explore partnerships – investigate deeper collaborative relationships with
DSRAD and Chamber to expand BID’s reach to create added visibility and
excitement for Downtown
▪ Partnership – continue to align the BID with the Downtown San Rafael
Cultural Arts District and the San Rafael 2040 Downtown Precise Plan
..
▪ Executive Director search – work to recruit BID director to strengthen
Downtown's long-term success, see the ED job description for details
▪ Collaborate with the City – continue partnerships with City depts.,
SRPD and local groups
▪ Resume Dining Under the Lights – refine the program in partnership
with the City to create an ongoing Summer outdoor dining program
▪ Continue May Madness and other events – host our legacy event
and strategize best ROI opportunities for existing and possibly new
events
..
Contact us or find current info and business directory at:
info@SRBID.org
Director@DowntownSanRafael.org
DowntownSanRafael.org
Our Mission
..
The Business Improvement District promotes the
economic vitality of Downtown and the common interests of
Downtown business owners. We help promote a district that’s
a welcoming place to shop, dine, work, live in and enjoy.
Our Vision
Downtown is the cultural heart and soul of our City, where
activity, dining, entertainment and commerce blends with
creative and entrepreneurial spirit. Downtown is where
hometown pride and community thrive.
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sRobertDollarFireDocument Path: X:\Finance\BID\BID_Edits_20180802.mxd ZBaron Print Date: 8/13/2018San Rafael Business Improvement District (BID)PREMIUM BID
STANDARD BID--
2021 BID Assessment Formula
Exhibit B
San Rafael Downtown BID Budget Exhibit C
2020 Year End Fund Balance $69,153 2021 Year End Fund Balance $74,184
Revenues 2021 Programs
Year 2021
Estimated Year End 2022 Programs
Year 2022
Proposed Budget
BID Assessments $75,930 BID Assessments $75,000
Corporate Sponsorship $4,000 Event Income (May Madness)$35,000
Interest $5
Total Operating Income $79,935 $110,000
Expenses
Events Trick or Treat ($2,250)May Madness ($20,000)
Day of the Dead ($500)Other Events/Costs:($20,000)
Shop Local ($550) Trick or Treat
Event Staffing ($2,120) Shop Local Saturday
West End Celebration
West End Events
Hops and Vines
Event Staffing
Events subtotal ($5,420)($40,000)
Initiatives
Dining Under the Lights (includes
BID staff costs)($32,500)
Dining Under the Lights (includes
BID staff costs)($28,000)
Community Donations (from May
Madness)($5,000)
Downtown SR Arts District
(DSRAD)($5,000)
Beautification ($10,000)
Initiatives subtotal ($32,500)($48,000)
Marketing & Promotions Event Advertising/Marketing ($8,900)Event Advertising/Marketing ($10,000)
Website Maintenance ($1,450)Website Maintenance ($2,000)
BID Member Communication ($475)BID Member Communication ($500)
Social Media ($1,100)Social Media ($1,500)
Marketing & Promotions Subtotal ($11,925)($14,000)
Operating Expenses Staffing ($16,500)Staffing ($22,000)
Insurance ($4,279)Insurance ($4,300)
Office Expense (supplies,
communications, etc.)($2,800)
Office Expense (supplies,
communications, etc.)($3,500)
Professional Fees ($1,480)Professional Fees ($1,700)
Meeting and Travel Expense ($500)
Operating Expenses Subtotal ($25,059)($32,000)
Total Expenses ($74,904)($134,000)
Net Profit/(Loss) $5,031 ($24,000)
Projected 2021 Ending Fund Balance/Carryover to 2022 $74,184 2022 Ending Fund Balance $50,184
Memorandum
To: San Rafael City Council
From: Jed Greene, Treasurer
San Rafael Business Improvement District
Date: October 29, 2021
Re: San Rafael Business Improvement District Financial Summary
This memorandum highlights the significant 2021 financial activity of the San Rafael Business
Improvement District (BID) and the 2022 proposed budget.
2021
COVID -19 continued to limit our ability to host local events. In 2021, the Dining Under the Lights
initiative (DUTL) was our major focus and the BID committed a majority of its available resources to
DUTL, including financial resources. The BID is projected to have a net income of approximately $5,000
leaving a cash balance of $74,184.
Proceeds from BID assessments were higher than budgeted but lower than last year, decreasing to
$75,930, approximately 14% lower than 2020. Once again, we provided a significant financial outlay
(estimated to be $32,000 by the end of the year, slightly lower than the amount we budgeted) for DUTL,
a vital program for the local restaurant industry, as well as other Downtown businesses and the
community as a whole.
2022
Although we are hopeful that life will return to normal in 2022, Covid-19 continues to cloud the future.
We plan to be more active next year and, although we anticipate that our BID assessment revenue will
not fully return to its normal levels, we have enough cash reserves to support our planned expenditures.
A majority of our discretionary spending will be used to support the Dining Under the Lights initiative
and our other marketing and events. The BID projects to have a net loss of $24,000 in 2022, but our
cash reserves give us the ability to continue to help local businesses and the community. Our
anticipated cash balance at the end of 2022 is $50,184.
