HomeMy WebLinkAboutCC Resolution 15209 (Downtown San Rafael Business Improvement District)RESOLUTION NO. 15209
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROPRIATING FUNDS AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT MANAGEMENT AND
ENHANCEMENT AGREEMENT WITH THE SAN RAFAEL CHAMBER OF COMMERCE
IN AN AMOUNT OF $100,000
WHEREAS, the Parking and Business Improvement Area Law of 1989, Cal. Strs. & Hwys.
Code § 36500 et seq. (“1989 Act”), 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, pursuant to the 1989 Act, in June 2013 the City Council of San Rafael
adopted Ordinance No. 1912 (“Ordinance”), codified in the San Rafael Municipal Code
(“SRMC”) Chapter 10.09, establishing the Downtown San Rafael Business Improvement
District (“District”) to replace a former Parking and Business Improvements Area Business
Improvement District established in 1979; and
WHEREAS, the Ordinance provides for the City’s collection of assessments on
approximately 700 businesses that operate within the District’s boundaries; and
WHEREAS, the revenues derived from the assessments are used for the general
promotion of business activities, public events, and other activities that provide a specific
benefit to the assessed businesses; and the acquisition, construction, installation and
maintenance of tangible property that provide a specific benefit to the assessed
businesses; and
WHEREAS, pursuant to section 36530 of the 1989 Act and SRMC Section 10.09.080,
the Council appoints a District Advisory Board consisting of members that own or
represent a business in the District or voluntary members; and
WHEREAS, the District Advisory Board administers the affairs of the District and prepares
an annual report each year describing which assessments are to be levied and files the
report with the City Clerk; and
WHEREAS, the District Advisory Board is subject to the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part I of Division 2 of Title 5 of the Government
Code) at all times when matters within the subject matter of the District are heard, and
the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title I of the Government Code), for all records relating to activities of the
District; and
WHEREAS, each year, the District Advisory Board administers those revenues and uses
them for authorized purposes that benefit the assessed businesses and to prepare and
to submit the annual report to the City Clerk reporting activities and finances of the District;
and
WHEREAS, the Chamber is a California nonprofit mutual benefit corporation that is a
member-based business advocacy organization supporting local businesses of San
Rafael; and
WHEREAS, the COVID-19 pandemic significantly reduced the businesses and
collections of District assessments and the District has operated with reserve funds; and
WHEREAS, with the uncertainty of business recovery from the pandemic and
improvement of economic conditions, the City believes that the District would benefit
from assistance of the Chamber to create capacity building and pathways for long-term
sustainability to support Downtown San Rafael; and
WHEREAS, the City and the Chamber desire to enter into an Agreement for the Chamber
to provide management and enhancement services for the District.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby appropriates
$100,000 from the General Fund COVID-19 relief funds and authorizes the City Manager
to negotiate and execute a downtown business improvement district management and
enhancement agreement with the San Rafael Chamber of Commerce in an amount of
$100,000, subject to form approved by the City Attorney.
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 1st day of May 2023, by the
following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
Lindsay Lara, City Clerk