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HomeMy WebLinkAboutCC Resolution 15481 (Downtown Business Improvement District (BID) Business Assessment Annual Renewal)RESOLUTION NO. 15481 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT, DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR CALENDAR YEAR 2026 FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT, AND SETTING A PUBLIC HEARING 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 2025 Annual Report” required by San Rafael Municipal Code Section 10.09.080; NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The BID 2025 Annual Report is hereby received and approved. 2. There are no proposed changes to the boundaries of the parking and business, and improvement area. 3. The City Council intends to levy and collect an annual benefit assessment for calendar year 2026 on businesses in the Downtown San Rafael Business Improvement District. 4. The proposed assessments are to pay for the improvements as set forth in San Rafael Municipal Code Section 10.09.060, and no changes are proposed. 5. The proposed assessments are to be levied in the Downtown San Rafael Business Improvement District, which is in the area described by San Rafael Municipal Code Section 10.09.040. 6. The BID 2025 Annual Report, which is on file with the City Clerk, includes a detailed description of the improvements and activities to be provided for that fiscal year, the boundaries of the area and the benefit zones within the area, and the proposed assessments to be levied upon the businesses within the area for that fiscal year. 7. New businesses shall not be exempt from payment of the fee. 8. A public hearing to consider the levy of the BID assessment shall be held before the City Council on December 15, 2025 at 6:00 p.m. in the Council Chambers, 1400 Fifth Avenue, San Rafael, California or by teleconference by visiting https://www.cityofsanrafael.org/departments/public-meetings/ for the call-in phone number and meeting ID listed on the agenda (or using the Zoom app to connect to this meeting ID). 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. 9. 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. 10. If at the conclusion of the public hearing on December 15, 2025 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. 11. Further information regarding the Downtown San Rafael Business Improvement District may be obtained from the Economic Development Division at 1400 Fifth Avenue, San Rafael, CA 94901. 12. 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 December 1, 2025, 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