HomeMy WebLinkAboutED Downtown Business Improvement District (BID) Assessment Annual Renewal____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: December 4, 2023
Disposition: Resolution 15263
Agenda Item No: 5.a
Meeting Date: December 4, 2023
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by: Micah Hinkle
Economic Development Director
City Manager Approval:
TOPIC: DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) ASSESSMENT ANNUAL
RENEWAL
SUBJECT: RESOLUTION CONFIRMING THE 2023 ANNUAL REPORT FOR THE DOWNTOWN
SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT AND LEVY OF
ASSESSMENTS FOR CALENDAR YEAR 2024
RECOMMENDATION:
Adopt the resolution confirming the 2023 Annual Report for the Downtown San Rafael Business
Improvement District and levy of annual assessments for calendar year 2024.
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. San Rafael Municipal Code section 10.09.080 requires a report to be prepared annually for
upcoming assessments.
In 1979, businesses in Downtown San Rafael first 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.
Earlier this year, the City Council approved transitioning the program administration of the BID to the San
Rafael Chamber of Commerce. This move, which aims to reduce costs, improve organizational
synergies, and explore a sustainable funding model to support the growing needs of the downtown
recently occurred in September 2023 and will be complete by the start of 2024.
For 2023, the BID Advisory Board continued its focus on supporting downtown businesses as they
emerged from the COVID-19 pandemic. The BID has achieved many notable accomplishments as
highlighted in its Annual Report (Attachment 2), including initiatives and partnerships to promote foot
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Page 2 of 3
traffic downtown, hosting and/or sponsoring numerous events downtown, and actively promoting the
downtown through social media, the BID website, marketing campaigns, and email blasts.
For 2024, the BID, in partnership with the San Rafael Chamber of Commerce and the City will continue
to explore the potential for establishing a new property-based BID. Specifically, over the next year, the
three entities will focus on establishing the potential boundaries of a new district, establishing desired
services to support the downtown, and hiring a technical consultant for a feasibility study.
ANALYSIS
State law requires the BID to submit to the City Council an annual report for which assessments are to
be levied and collected to pay the costs of the improvements and activities described in the report. The
report may propose changes, including, but not limited to, the boundaries of the parking and business
improvement area or any benefit zones within the area, the basis and method of levying the assessments,
and any changes in the classification of businesses, if a classification is used.
Staff reviewed the San Rafael Downtown BID’s 2023 Annual Report and the BID 2024 Budget & 2023
Financial Summary (Exhibit C) and find they meet the required elements as follows:
1.There are no proposed changes in the boundaries of the BID.
2.The budget outlines the improvements and activities programmed for the calendar year 2024.
3.The budget outlines the estimated cost of improvement and activities outlined for the calendar
year 2024.
4.The budget outlines the surplus or deficit being carried over from the previous calendar year.
5.The budget outlines contributions anticipated from sources other than assessments, including
City funds.
As of November 1, 2023, the City of San Rafael collected $65,044 in BID annual assessments for 2023.
For calendar year 2024, the annual assessment levy on businesses will be the same as prior years. See
Exhibit B to the Annual Report for the 2024 assessment formula.
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. The method of calculating the
amount of the assessment on each business is established by San Rafael Municipal Code Section
10.09.050 and varies depending upon the type of business and whether the business is located in the
Standard BID Zone or the Premium BID Zone. Assessments for 2024 are outlined in Exhibit B of
Attachment 2.
On November 20, 2023, the City Council adopted a Resolution of Intention to Levy an Annual
Assessment. This resolution was intended to notify the public of the process, approve the BID annual
report reviewing past BID Board accomplishments, and set the date for a public hearing.
This item is to hold the required public hearing to receive input from the public on the annual assessment
for the BID and to confirm the 2023 annual report and levy of assessments for the upcoming year. Oral
or written protests may be made by interested persons. If written protests received represent fifty percent
(50%) or more of the total assessments in the entire BID, no further proceedings to amend the BID can
occur. New proceedings cannot be undertaken for a period of at least a year.
Council Meeting: December 4, 2023
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Page 3 of 3
COMMUNITY OUTREACH:
A notice of public hearing on the resolution of intention to levy the annual assessment for calendar year
2024 was published in the Marin Independent Journal on November 24, 2023. A copy is included in
Attachment 3. The BID has notified its members of the annual renewal process through its member
communications including the BID e-newsletter, notifications on the BID website, and agenda items at
the monthly BID board meeting.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
OPTIONS:
The City Council has the following options to consider on this matter:
1)Adopt the resolution as presented confirming the 2023 Annual Report and the annual
assessments for 2024.
2)Adopt the resolution with modifications.
3)Determine that a protest of 50% or more has been filed and abandon assessment proceedings
for a minimum of one year from the date of the majority finding and decline adoption of the
resolution.
RECOMMENDED ACTION:
Adopt the resolution confirming the 2023 Annual Report for the Downtown San Rafael Business
Improvement District and levy of annual assessments for calendar year 2024.
ATTACHMENTS:
1. Resolution
2.BID 2023 Annual Report, including:
A.Exhibit A: BID Map
B.Exhibit B: BID 2023 Assessment Formula
C.Exhibit C: BID 2024 Budget & 2023 Financial Summary
3.Notice of Public Hearing on Resolution of Intention
1
RESOLUTION NO. 15263
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CONFIRMING THE 2023
ANNUAL REPORT FOR THE DOWNTOWN SAN RAFAEL BUSINESS
IMPROVEMENT DISTRICT AND LEVY OF ASSESSMENTS FOR CALENDAR YEAR
2024
WHEREAS, California Streets and Highways Code Sections 36500 et seq, authorize
cities to establish parking and business improvement districts for the purpose of promoting
economic revitalization and physical maintenance of business areas, to create jobs, attract
new business and prevent erosion of the new business district; 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 the BID’s
Advisory Board submitted to the City a “BID 2023 Annual Report”, which is on file with the
City Clerk; on November 20, 2023, the City Council by resolution approved the BID 2023
Annual Report, indicating the Council’s intention to levy assessments for calendar year
2023, and setting a public hearing thereon for December 4, 2023; and
WHEREAS, pursuant to Streets and Highways Code Section 36535, following the
public hearing, the City Council may adopt a resolution confirming the report as originally
filed or as modified by the Council, and the adoption of the resolution shall constitute the
levy of an assessment for the year referred to in the report; and
WHEREAS, the City Council held the required public hearing on December 4, 2023
to receive testimony and protests concerning the BID 2022 Annual Report and the proposed
levy of assessments for calendar year 2024 described therein; and
WHEREAS, a majority protest of the proposed assessments was not received.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby confirms the
BID 2023 Annual Report. Adoption of this resolution shall constitute confirmation of the BID
2023 Annual Report and approval of the levy of assessments described in the BID 2023
Annual Report for the 2024 calendar year.
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 meeting of the City Council of
said City held on Monday, the 4th of December 2023, 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
2023 Annual
Report
BID BOARD OF DIRECTORS 2023/24
President
Terrance Thornton,
San Rafael Martial Arts
Vice President
Adam Dawson,
Mike’s Bikes
Jeff Brusati,
T & B Sports
Bishlam & Amy Bullock,
Salon B Style Lab
Kelly Phu,
Vin Antico
Committee Members:
Jaime Ortiz,
Bank of Marin
Meg Reilly,
Marin Society of the Artists
Secretary
Tobi Lessem,
Bodywise Massage
Joe McCallum,Newmark
Knight Frank
Morgan Schauffler,
Youth in Arts
Potential New Board
Members for 2024:
Kaity Galvez,
Perry’s Deli
Valon Grajqevci,
Tam Commons
Jana Fleming,
Friends Books
DowntownSanRafael.org ~ 415-849-1874 ~ Info@SRBID.org
Dear fellow BID Members,
I would like to start by sharing our Thanks and Appreciation. Thank
you for the hard work leading into this year and throughout the year.
We appreciate you and your support in our mission to revitalize the
downtown corridor and promote the common interests of Downtown
businesses. Thank you for continuing to make Downtown a different,
fun, and memorable experience for all. For being contributors and
active participants in forging memories for all that visit.
• Whether it’s strolling through the Art District for the 2nd Friday Art
Walk Downtown.
• Enjoying a unique dining experience with Dining Under The Lights.
• The next generations learn about classic cars at May Madness.
• Enjoying the Craft Beer and Premium Wines with friends with the
Hops and Vines Stroll.
• Indoor or Outdoor, enjoy live music, food, activities, and more at the
West End Culture Crawl.
• One of our newest events with families bonding while searching for
Holiday or Summer Elves.
Along with many other memory-creating moments and events hosted
in Downtown San Rafael. Building off the growth and better-than-
projected revenue in 2023, the BID is projecting a profitable 2024.
Thank you in advance for your continued support and may we all
thrive together in 2024 and beyond.
Terrance Thornton, President
▪Beautification and Landscaping upgrades - The BID
added Phase 2 and 3 to the popular and successful
Clean & Green Day on Earth Day. The BID organized a
day in September and December for volunteers to
help the BID and DPW add mulch to our intersections.
▪Farmer’s Market – Rebuilt our relationship with AIM
to bring the Thursday Night Farmers Market back to
Fourth St, moving the weekly DUTL to the 2nd Friday of
the month to coincide with the 2nd Friday Art Walk.
▪Engaged with the local Students – Created a Back to
School Night during the September Dining Under the
Lights.
▪Added new board members, committee members,
and volunteers – We welcomed 3 new Board
members this year, 2 of whom work in the
food/beverage industry which added a necessary and
important voice to our group.
▪Downtown San Rafael Arts District Collaboration –
The BID is on the DSRAD board to help increase the
visibility of the Arts in our Downtown. DSRAD received
a grant for $671k and the BID will be working with the
group to help the arts shine in Downtown San Rafael.
▪Partnerships – Continued and strengthened
partnerships with the following organizations to bring
more foot traffic to our Downtown Businesses: SR
Chamber, Pacifics, Embassy Suites, California Film
Institute, SMART, Marin Convention & Visitors Bureau.
▪Fundraising & Event Management – The events
committee with the help of the BID Board was able to
raise over $15k to support the BID.
▪Downtown Eats Passport Program – New this year, the
BID developed a program to bring people Downtown to
eat in the typically quiet month of August. Ten
businesses signed up to participate and in the self-
funded program. Over 100 community members
participated and their feedback highlighted that they
loved exploring “new” places in Downtown.
▪Fe-BREW-ary – New this year, the BID joined a
promotional program called Fe-BREW-ary, where our
breweries and taprooms were invited to list a special
deal or discount on a BID webpage. This page was
shared with an existing promotional program created
by SMART where Petaluma and Santa Rosa breweries
were also participating.
▪Scavenger Hunts – Our community requested more
family-friendly activities in Downtown, so we developed
2 Elf Hunt Scavenger Hunts, one during the Summer
Kick-Off in June and one during the December holidays.
▪Website management – The BID brought website
management in-house in 2023 saving $1200/year. The
ED strives to provide clean, fun, relevant, and timely
information on our Downtown San Rafael website.
▪Downtown San Rafael Business Directory – Our online
directory serves as a current database of all businesses
in the Downtown, complete with emails and contact
info in the back end. The ED cleaned up the database
and optimized the search tool. Directory searches have
tripled since this significant improvement.
▪Member emails, newsletters, and updates – The BID
upgraded software this year to increase contract reach
and design capability for our monthly newsletters.
▪Downtown News – Member news and events can be
displayed on our homepage and are also shared in the
monthly newsletter.
DowntownSanRafael.org ~ 415-849-1874 ~ Info@SRBID.org
Marketing, Promotions, Programming, Fundraising, & Collaborations
BID Accomplishments 2023
▪In 2023 added a Social Media Manager Contractor –
The BID hired a part-time social media contractor to
promote and showcase a different Downtown Business
each day on IG & FB. Since this program began in April,
we increased reach by 242% in the 1st month, added
100 followers a month in IG since then, and reached 2k
per month. FB = 4,169 followers, IG = 2,707 followers
In 2023, we brought back many popular events and
successfully raised money for the BID in the process.
▪33rd Annual May Madness (May 6) – This Annual event
produced by Rick Lewis, the volunteer BID Event
Committee, and the ED of the BID brought roughly 5,000
people to Downtown. We raised over $18k (a new
record!) to be split between the BID and local non-profits.
▪Total Expenses = $15,230
▪Total Income = $33,815
▪Event Net Profit = $18,584
▪Net Profit for BID = $9,232
▪3rd Annual Hops & Vines Stroll (Sept 30) – The Annual
Hops & Vines Stroll traditionally brought nearly 300
people INTO Downtown Businesses. Even with the
unseasonably rainy weather, we made a net profit for the
BID.
▪Total Expenses = $6,714
▪Total Income = $11,260
▪Net Profit for BID = $4,545
▪San Rafael Parade of Lights & Winter Wonderland on
Shop Small Saturday 2022 – In 2022, the BID
volunteer event committee kept a tradition alive by
creating a paired down version of the 40-year-old
event, that was once produced by a professional event
company, the day after Thanksgiving. Our intimate
version of this event was created to bring people to
Downtown on Shop Small Saturday. We had a makers
marketplace, snow machines, jumpies, food trucks,
face painting, and lighted car cruise. The event
brought approximately 1000 people to Downtown on
Shop Small Saturday. We are currently planning a
similar event in 2023 and will be making it bigger with
more financial support from the City to hire an event
contractor to support on the day of and produce a
tree-lighting in the plaza. Below are our fundraising
numbers from 2022.
▪Total expenses = $12,798
▪Total Income = $15,625
▪Net Profit to BID = $2,826
DowntownSanRafael.org ~ 415-849-1874 ~ Info@SRBID.org
BID Produced Events & Mixers
BID Event Accomplishments 2023
Events - Economic Drivers & More
Fundraising Events:
▪Clean & Green Day, City of San Rafael & The BID
(April 21) – The City and BID join efforts every year on
Earth Day to promote Clean and Green Day by inviting
over 40 volunteers to help mulch, remove graffiti,
pick up litter, and clean parking meters/poles.
▪Dining Under The Lights featuring Live Music,
Outdoor Dining, and Kids Activities (May-Oct) – This
monthly event, held in conjunction with the 2nd Friday
Art Walk, included 5 blocks and brought hundreds of
people to our Downtown to enjoy Outdoor Dining,
Live Music, and Kids Activities.
▪Friday Night Block Party in the West End (June-Oct) –
This popular event held in the West End, includes
bands booked by the Pint Size Lounge. It drew
hundreds of people to not just the West End, but to
San Rafael. Past surveys showed that people came
from all over Marin and the Bay Area to enjoy the
exceptional atmosphere.
▪35th Annual Trick or Treat on 4th Street & Pet
Costume Contest (Oct. 28) – This Annual tradition
brings hundreds of families to our Downtown and fills
it with smiles and laughter!
▪Annual Menorah Lighting (Dec. 10) - For the 2nd
year, we will be working with Chabad of Marin to
bring in a Giant Menorah to be lit for Hanukkah.
We will offer latkes, hot chocolate, dancing, and a
gelt drop!
DowntownSanRafael.org ~ 415-849-1874 ~ Info@SRBID.org
▪Public Art – Work with Downtown San Rafael Arts District
(DSRAD) and the City Library & Rec Director to identify
opportunities to expand public art in Downtown.
▪Continue Landscaping upgrades - Hardscape landscaping
updates to intersections via volunteer coordination we are
now calling the “Mulching Project”.
▪Hanging Flower Program – Work with the City and DPW
to review potential locations to start a hanging flower
pilot program. Preliminary research completed.
▪Other Beautification options – Work with the Economic
Development Department & DPW to explore more
opportunities for Downtown Beautification (power
washing, business frontage grants, awning cleaning, and
more)
▪Cleanliness – Work with DPW and the City’s Economic
Development Department to request a more proactive
cleanliness plan for Downtown San Rafael.
▪Vacancies – Work with the City’s Economic Development
Department to assist with their strategy to fill vacancies.
▪Social Media Marketing Plan – Continue to work with a
social media contractor and showcase 3 businesses per
week on Instagram and Facebook.
▪Thursday Night Summer Farmer’s Market growth– Work
with AIM to assist in better promotion and marketing to
expand the weekly Thursday Night Summer Market.
Possibly add a food truck experience in Downtown in
conjunction, or on another night.
▪Create more culturally diverse events in Downtown–
Work with the City and volunteer BID event committee to
bring more culturally diverse, relevant and inclusive
events to our downtown.
▪Outdoor Movie Night – Work with DSRAD and Parks &
Rec to bring their successful outdoor movie night in the
park program to our Downtown.
▪Fe-BREW-ary – Continue the new February promotion and
add more businesses to the SMART promotion.
▪Scavenger Hunts – Continue to produce scavenger hunt-
based promotions to get people INTO local businesses
with this fun and affordable program.
▪Passport Program – Increase participation with our 2nd
annual passport program to get more people INTO our
restaurants during the slower months.
▪Explore partnerships with local Schools – Reach out to
our local schools and see how we can partner together
to support the students in our community.
▪Chamber Partnership to help BID Financial Stability &
Review a PBID to increase our funding - The City has
contracted with the Chamber to support the BID. The
Chamber will conduct outreach and host informational
sessions with property owners and businesses to assist
the City feasibility analysis of a property-based
improvement district or modifications to the District
business assessment rate structure to enhance economic
vitality.
▪Partnership & Collaboration – Continue to align the BID
with DSRAD stakeholders, the SR Chamber, Pacifics,
Embassy Suites, the City, SMART, SRPD, & and more.
▪Communicate with members/community outreach –
Continue engagement via website, email, newsletters, social
media, marketing, advertising, and in person.
▪Events: The BID has committed to continue events produced
in 2023.
▪Add board members, committee members & volunteers
– Actively recruit committee members and engage
prospective board members to build an inclusive
environment for greater equity and diversity. If you are
interested, please contact us!
Future Marketing, Development, Events, & Operations
Downtown San Rafael BID Preliminary Work Plan 2024
Dear BID Members,
Coming into this role in 2022 was an exciting adventure,
but also a challenge given that our Annual Assessments
were down over $25k since 2019. I worked diligently over
the last 2 years to increase our funds by way of event
fundraising and by decreasing our operational costs.
Listening to our business community, I created fun
programming and promotions to help increase foot traffic.
By adding the Social Media contractor to our 2023
programming, the online visibility of our Downtown San
Rafael businesses skyrocketed! None of this would be
possible without the incredible teamwork, dedication, and
passion of our BID Board. Each member's unique
perspective and expertise have helped guide our decision-
making and execute our goals. Working with our
President, Terrance, has been an absolute pleasure. His
leadership and commitment to our mission have been
instrumental in driving our district's vision. I look forward
to an exciting future of collaboration with the San Rafael
Chamber in 2024 to continue this vision and make our
Downtown shine!
-Sarah Tipple, Executive Director
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San Rafael Business Improvement District (BID)PREMIUM BID
STANDARD BID--
2024 BID Assessment Formula
Exhibit B
San Rafael Business Improvement District Proposed Budget for 2024
as of 11.14.23
Estimate Year
End 2023
Projected 2024
REVENUES Programs Budget 2023 Budget 2024
Balance Forward From Previous Year $ 17,000.00 $ 19,256.74
BID Assessments/City Support $58,594.00 $59,000.00
May Madness Rev for BID $9,292.32 $9,000.00
Hops & Vines $11,260.00 $ 4,500.00
Holiday Celebrations/SR Winterwonderland/Tree
Lighting/Menorah Lighting $ 20,000.00 $ 20,000.00
DSRAD kick off celebration (Fall Arts and Crafts) $ 3,500.00
DUTL (Elf Hunt, jumpy, sponsorships) $ 2,888.14 $ 3,000.00
Dining Passport Program $ 710.00 $ 710.00
Other income (refunds, interest, etc) $ 1,200.00 $ -
$124,444.46 $115,466.74
EXPENSES Programs Budget 2023 Budget 2024
Event & Marketing
Expenses
Clean and Green Day $- $-
West End events/ Culture Crawl $(1,200.00) $(1,300.00)
Trick or Treat $(600.00) $(600.00)
Mixers (fall, holiday) $(1,200.00) $(1,200.00)
Hops & Vines $(6,714.00) $(1,200.00)
Holiday Celebrations/SR Winterwonderland/Tree
Lighting/Menorah Lighting
$(20,000.00) $(20,000.00)
DSRAD Fall Arts Fest $(2,000.00) $-
DUTL $(3,000.00) $(3,000.00)
Dining Passport Program $(700.00) $(700.00)
West End Block Party $- $-
Social/print/digital Media $(1,000.00) $(4,000.00)
Beautification Efforts $- $(5,000.00)
$(36,414.00) $(37,000.00)
Operating Expenses Payroll/Staffing $(50,000.00) $(65,000.00)
Employee Payroll Tax & fees $(5,000.00) $(6,000.00)
Postage Mailing $(194.00) $(194.00)
Consultants/Professional/Accounting fees $(2,893.25) $-
Bank Fees $(435.00) $(200.00)
Computer Programs & Software $(3,402.51) $(2,500.00)
Insurance $(1,864.00) $(2,000.00)
Rent $(2,800.00) $-
Office Supplies $(147.00) $-
Telephone $(1,737.96) $(1,300.00)
Website Maintenance/Hosting $(300.00) $(100.00)
$(68,773.72) $(77,294.00)
Budget 2023 Budget 2024
$(105,187.72) $(114,294.00)
$124,444.46 $115,466.74
$19,256.74 $1,172.74 TOTAL PROFIT/LOSS
Total Operating Income
Event & Marketing subtotal
Operating Subtotal
TOTAL EXPENSES
TOTAL INCOME
RESOLUTION NO. 15256
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DECLARING THE CITY
COUNCIL’S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR CALENDAR
YEAR 2024 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 2023 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 2024 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 2023 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 the BID 2023 Annual Report on
file with the City Clerk.
4. The method and the basis for levying the benefit assessment on businesses
within the BID and proposed assessments to be levied for calendar year 2024 are set
forth in San Rafael Municipal Code Section 10.09.050 and Exhibit B to the BID 2023
Annual Report on file with the City Clerk.
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
before the City Council on December 4, 2023 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 4, 2023 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 levy
the proposed assessment shall occur 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 the furnishing of a specified type or types of improvement or activity
within the area, those types of improvements or activities shall be eliminated.
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
this resolution of intention 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 20th day of
November 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill
Lindsay Lara, City Clerk