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HomeMy WebLinkAboutED BID Annual ReportCITY OFIWWOO::� Agenda Item No: 3 e. Meeting Date: May 21, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Economic Development Prepared by: Stephanie Lovette (KK) City Manager Approval: SUBJECT: Resolution of the City Council of the City of San Rafael approving the 2012-13 Annual Report Of the []0vvOtovYO Parking and Business |[Dp[OV8nl8Ot District and declaring COUDCi'S iDL8ObOD to |8Vy an 8ODU@| assessment for the DOYVOtOVvD Parking and BUSiD8SS |Dlp[OvSnl8Dt District for fiscal year 2O12-13and directing the City Clerk tOschedule 8public hearing for June 4. 2O12fOconsider 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 bOGnJ for the Downtown Parking and Improvement District, which was formed in 1982. Since the District's fDrnEdi0n. the City has collected fees as part of the business license issuance and annual renewal process. State implementing law for business based B|[}srequires Council to renew the assessment annually with 3specific procedure. ANALYSIS: An Annual Report is one of the steps to levy the 8DDu@| 2SS8SSrn8nL and the report submitted by the B|[} addresses all the State mandated ii8OlS. A copy of the Report is attached as Exhibit A. Specifically, the District D8rn8 and b0UOd@hHS are ShOVVO and OO boundary change is proposed. As proposed in the R8pOd' the assessment will be used for events, GdDliOiStn8UOD' marketing and pnDDlVtiUDS. Event iDCOOOe and revenue from the B|0 parking |Oi are the other sources Ofthe B|D'srevenue. The proposed assessment isone half ofthe City's business license fee. and the Dn8ƒhOd of calculating the license fee is 8Xp|8iOBd in detail. |norder tolevy the assessment, Council must approve the Annual Report, declare its intent to levy an 80nU@| assessment for the DSC8| year of 2012-13, and set 8 public hearing to discuss the assessment for June 4, 2012. Notice of the h88hOg will he published in the newspaper at |88St 7 days phO[ 02 the hearing. At the public hearing, CnUOCi| Sh@U PHVievV any protests to the GSS8SSDl8DL If written protests are given by bUSin8SS OvvDGnS that vvOU|d pay 50% or more of the proposed @SSeGSDleOt, DOfurther action can be take to levy an assessment for 8 period of one year. Council may order changes in any of the matters in the Annual Report, including changes in the proposed 8SS8SgDl8DtS, the pnOpOSSd innprOveDl8DtS and activities to be funded, and the pnOpOS8d boundaries of the District. At the CODC|UGiOn Of the hearing, Council may adopt a ne5O|uUOn confirming the Annual Report 88filed or as directed by Council during the hearing. The adoption Ofthe resolution shall constitute the levy Qfthe assessment for the year. FOR CITY CLERK ONLY File No.: 4 Council Meeting: Disposition: y^ SAN RAFAEL CITY COUNCIL AGENDA REPORT /Pa2e:2 FISCAL IMPACT: There is no direct fiscal impact to the City as there is no direct City contribution. The purpose of the District is to i0OprOV8 the gCODOOliC h8@01 and Vit8|ih/ of the DOwDtOVvn' 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 2012-13 Annual Report of the Downtown Parking and BUSiD8SS |DlprOVH[n8Dt District and declaring COUDCi|`S iDteDUOD to levy an 8OOU8/ assessment for the DOwOk}vvD Parking and BUSinSSS |0pp0ve[DeOt District for fiscal year 2012-13 and directing the City Clerk to schedule 8 public hearing for June 4' 2012 to consider levying the assessment. ATTACHMENT: A - Downtown Parking and Business Improvement District 2012-13 Annual Report Downtown Parking and Business Improvement District 2012-13 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 2011-2012 and 2012-2013. 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 2011-20112 and 2012-2013. The total estimated to be spent is $65,105. 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 $50,105 and is provided by 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 Budget 2011-20112 and 2012-2013 No lFmm=! Mmormulml Wvlmll� .................................................... MW -mm i MINE IMMMMS� Liam ME. M MIN �IMMMW� NIMIMMIN MM=MMlMMMMlM ME INIMMIM M mm�=MMIMMM- No Em M MMMIMS� 0 co 4- tN 00 m Li 4- E a) > 0 E cn z CL 0 4- 0 0 RESOLUTION NO. 13345 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE 2012-13 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 2012-13 AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR JUNE 4, 2012 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 2012-13 as required by the California Streets and Highways Code Section 36533; and WHEREAS the Annual 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 2012-13 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 2012-13 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 2012-13. 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 2012-13 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 2012-13, the boundaries of the area and the proposed assessments to be levied upon the businesses within the area are contained within the 2012-13 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 June 4, 2012 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. 1, 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 21, 2012, by the following vote: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4:'- -/ 12" e"� ESTHER C. BEIRNE, City Clerk CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. -3 DATE OF MEETING: May 21, 2012 FROM: Katie Korzun DEPARTMENT: Redevelopment DATE: May 9, 2012 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE 2012-13 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 2012-13 AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR June 4, 2012 TO CONSIDER LEVYING THE ASSESSMENT 1bVMAWC1nj#9t D6�arfqient Head (siyn�iure) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (signature) City Attorney (signaturej