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HomeMy WebLinkAboutED BID Annual Levy Assessment 2014CITY OF Department: Economic Development Agenda Item No: 7. a Meeting Date: December 1, 2014 Prepared by: Tom Adams, ED Specialist City Manager ApprovaldA' SUBJECT: Public Hearing on City Council's Intention to Levy an Annual Assessment for the Downtown San Rafael Business Improvement District. Resolution Confirming the Annual Assessment for 2015. RECOMMENDATION: Conduct a Public Hearing on City Council's Intention to Levy an Annual Assessment for the Downtown San Rafael Business Improvement District. Adopt Resolution Confirming Annual Report and Approve the Levy of Assessments for 2015. BACKGROUND: The purpose of tonight's meeting is to hold a public hearing, required by state law, prior to the levy of assessments for the Downtown San Rafael Business Improvement District for the 2015 calendar year. On October 6, 2014, City Council adopted Resolution 13816 declaring Council's intention to levy the 2015 annual assessment for the Downtown San Rafael Business Improvement District (see Exhibit E). On November 3, 2014, City Council approved the first reading of the proposed Ordinance (see Exhibit A) to amend the fee assessments. The second reading of the proposed Ordinance is also on tonight's agenda as a consent calendar item. The notice of tonight's public hearing was published in the Marin Independent Journal on October 17, October 24, and October 31. The BID mailed a copy of the Annual Report and the proposed assessment changes to all of its membership (approximately 700 businesses). The City mailed notices to those businesses which will have their assessments increased (i.e. financial institutions). ANALYSIS: State law guides the establishment of business assessment districts, procedures for the annual assessment, and the process for modification of boundaries, assessments, or activities. Section 36500 of the California Streets and Highways Code allows for the creation of a business improvement district within a municipality whereby businesses within the district self -assess themselves 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 within the district and provide additional services beyond those offered by local government. FOR CITY CLERK ONLY File No.: �? 4 V Council Meeting: i-x11'!a01iq Disposition: f,�- '�- `5 (- V 7 ®0®� 12, s5 '-I I SAN RAFAEL, CITE' C'OUNC'IL, AGENDA REPORT / Page: 2 State law prescribes a process to protest the assessments levied within a business improvement district. Tonight`s meeting provides the forum for a protest against the assessment of the BID, or any other aspect of the assessment. To be counted, a protest must be in writing and from a business in the BID or the protest may be given orally at tonight's meeting. If at the conclusion of the public hearing, there are protests by businesses owners within the BID that will pay fifty percent (50°'0) or more of the total assessments of the entire BID, no further proceedings to levy the assessment for the BID shall occur for one year. 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 Annual Report to incorporate the specific protest. Businesses within Downtown San Rafael initially set up a business district in 1979 — this original district included approximately 125 businesses along Fourth Street between Lincoln and E Street. In 2013, at the request of the business district membership, the City Council voted to disband the original downtown district and 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 in original BID (see Exhibit B for BID Map). The assessments for the new BID were mailed in December 2013 and the new BID organization began operations in 2014. The new BID has been very active in numerous programs to improve the downtown business climate. In its first year, the BID has focused on the following areas: building the BID organization and working with its membership, increasing the effectiveness of marketing and events, promoting economic development, and working with the City to address various issues related to parking, safety, cleanliness, and social issues (see Exhibit C for BID Annual Report). At the 2013 City Council meetings to establish the new assessment district, a wide variety of comments were received from the public. In particular, several speakers questioned the fairness of the assessment formula for some of the smaller businesses. The primary issue raised was whether these businesses have the financial capacity to absorb the assessment fees. As part of the creation of the new BID, City Council requested that the BID review the overall fairness of the assessment fee structure and provide recommendations for the 2015 year assessments. In addition, over the past year, there have been some questions and complaints from BID members about the clarity of the assessment classifications and the equity of the assessment fee structure. In response to City Council's request for a `fairness review', the BID set up an assessment committee to review the current assessment fee structure and make recommendations to the BID Board on ways to make the fees more equitable for all members. The assessment committee reviewed a variety of ways to change the assessment formulas. Since the BID assessment fee is collected with the business license fee there are administrative constraints on how to structure the assessments based upon the information available to the City's Finance department through the annual business license renewal program. There was not consensus among the assessment committee for a preferred assessment formula. While several members felt that an entirely new assessment fee structure was warranted, others felt that instituting a completely new fee structure would require extensive outreach and consensus building and that the fundamental structure of the current assessment structure is sound and similar to many other business districts throughout the state. While there were some differences of opinion on the overall fee structure, the committee members all agreed that the BID should proceed with changes to the assessment formula to lessen the impact on some of the smallest businesses. The BID will continue to review assessment equity and other issues as they arise in the future. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: -3 At the September 5, 2014 monthly Board meeting, the BID Board reviewed and discussed the recommendations of the assessment committee and potential changes to the assessment fees for the upcoming 2015 calendar year. In general, the BID felt that changes were needed to respond to concerns raised during the 2013 public hearings and to address some of the overall fairness' issues raised by the BID membership The BID Board unanimously approved the following recommended changes (also see Exhibit D): Summary of the Recommended BID Assessment Fee Structure Changes Assessment Category # Businesses Proposed Action Total Impact (approx.) Personal Service Sole Practitioners 50 Reduce fee by $25 ($1,250) Financial Institutions / Banks 16 Increase fee by $200 $3,200 Retail, Restaurant, Personal Services - less 40 Reduce fee by $50 ($2,000) than $100,000 gross receipts (Premium) Retail, Restaurant, Personal Services - less 40 Reduce fee by $25 ($1,000) than $100,000 gross recei is (Standard) Total BID Businesses with Fee Changes 146 ')total Net Im act ($1,050) As shown in the table above, a total of approximately 130 businesses will receive a reduction in the assessment fee while 16 businesses (financial institutions/banks) will have their assessments increased. The recommended changes to the BID assessment fee structure will result in an approximate reduction in BID revenues of $1,050. Explanations for each of the proposed chances follow: Reduce the assessment fee for `Personal Service Sole Practitioner' (mainly stylists in salons) by $25. The assessment fee for these individuals would be reduced from $75 to $50 for the premium area and $50 to $25 for the standard area. Change #1 Rationale: The BID believes that since stylists typically rent their chair and may not be onsite full time, they deserve a smaller fee. In addition, the salons pay their own annual assessment fee in addition to those paid by the sole practitioners so there is an equity issue for each salon location as well. 2. Reduce the assessment fee for those businesses in the `Retail. Restaurant. Personal Services on the Ground Floor' category with gross receipts of less than $ t00,000 (currently paying $80 or less in business license fee) by $50 for businesses in the premium area. The assessment fee for these businesses would be reduced from $225 to $175. Change #2 Rationale: The BID believes that those smallest businesses in the highest fee categories deserve a reduction in their annual fee. 3. Reduce the assessment fee for those businesses in the `Retail. Restaurant. Personal Services on the Ground Floor' category with gross receipts of less than $100,000 (currently paying $80 or less in business license fee) by $25 for businesses in the standard area. The assessment fee for these businesses would be reduced from $175 to $150. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Change #3 Rationale: The BID believes that those smallest businesses in the highest fee categories deserve a reduction in their annual fee. 4. Increase the assessment fee for `Financial Institutions' (i.e. banks) by $200 for both the standard and premium areas, such that the fee for the premium area will increase from $225 to $425 and the fee for the standard area will increase from $175 to $375. Change #4 Rationale: The BID believes that banks benefit the most from a stronger downtown business district as stronger businesses within the district will translate to more revenues for the banks. hl addition, the higher fee for banks is consistent with the practices of other nearby BID's such as Novato and Petaluma which both charge a $500 flat rate for banks. 5. Make some cleanup changes to various definitions and other language within the BID ordinance to clarify the assessment fee classifications and make adjustments to better reflect the intention of the assessment. The primary cleanup changes are: a single person with multiple business licenses at the same address will be charged only one assessment fee, retail business on the second floor (with primarily internet sales) will be treated as an office tenant. Chan -e #5 Rationale: The BID believes that the assessment fee should reflect the approximate value of the business district to business based primarily on the geographic location of the business — those businesses located on the second floor or with multiple business licenses should pay according to the classification of the business and the location of the business per the spirit and intent of the assessment fee structure. 6. At the request of the Finance Department, the BID will no longer charge pro rata fees for new businesses or issue refunds for businesses that leave the BID before the end of the year. Chane #6 Rationale: The Finance Department spends significant time and expense working with businesses to help them understand and comply with the business license fee requirements, as well as the BID assessment fee. Over the past year of the new BID, one particular area of confusion among businesses, and Finance Department administrative difficulty, pertains to the calculation and processing of BID pro -rata fees and refunds. Eliminating these elements from the BID assessment fee structure will simplify the process for businesses as they join or leave the BID and it will greatly reduce the administrative overhead associated with collecting the BID assessments. These changes will not have a significant impact on the net revenues generated for the BID organization. FISCAL IMPACT: Adoption of the proposed ordinance will not have a direct fiscal impact on the City. The proposed changes to the BID program will not affect the City other than a slight benefit from the reduction in Finance Department staff time. OPTIONS: 1) Determine that Less than a 50070 Protest was Filed and Adopt Resolution Confirming the Annual Report and Approve the Levy of an Assessment for 2015. 2) Do not Adopt the Resolution Confirming the Annual Report as Proposed. Give Direction to Staff as to any Modifications to the Resolution. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 3) Direct Staff to Provide Further Analysis and Return at a Future City Council Meeting. However, this is a Time Sensitive Item as the Finance Department Mails Business License Renewals and BID Assessments in mid-December. ACTION REQUIRED: Hold Public Hearing, Accept Public Comment, and Adopt the Resolution. ATTACHMENTS: Exhibit A: Ordinance Amendments Exhibit B: BID Map Exhibit C: 2014 BID Annual Report and Cover Letter, 2014 Board of Directors, and Proposed 2015 BID Budget Exhibit D: BID Assessment Formula (Current and Proposed) Exhibit E: Resolution 13816 - Intention to Levy an Assessment RESOLUTION NO. 13847 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CONFIRMING THE 2015 ANNUAL REPORT OF THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT AS MODIFIED AND APPROVING LEVY OF ASSESSMENT FOR 2015 WHEREAS, the California Streets and Highways Code Section 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 business and prevent erosion of the new business district; and WHEREAS, the Downtown San Rafael Business Improvement District (BID) was established in 2013 by Ordinance No. 1912; and WHEREAS, the City Council has delegated the appointment of an Advisory Board to the San Rafael Business Improvement District and the Board of Directors of the BID serves as the Advisory Board. WHEREAS, pursuant to Ordinance No. 1912 and the California Streets and Highways Code § 36533, the Board of Directors 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, pursuant to Streets and Highways Code §36534, the City Council may approve or modify and approve, as modified, the report. Following such approval, the Council must issue a resolution of intent to levy assessments, and schedule a public hearing on the levy of the proposed assessment. NOW, 'THEREFORE, BE IT RESOLVED that based upon the staff report, Board of Director's annual report, the facts and documents referred to therein, and the evidence adduced at the hearing on this Resolution, and the public meeting on the Resolution of Intention to Levy Assessments, the City Council of the City of San Rafael does hereby determine and find as follows: 1. 'The City Council has received the annual report of the Downtown San Rafael BID for the 2015 calendar year. 2. The City Council adopted a Resolution of Intention to Levy Assessments on October 6, 2014. 3. The City Council determines that no revisions or modifications to the Annual Report are necessary. 4. The City Council held a public hearing on the proposed assessments on December 1, 2014. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby confirm the Annual Report of the Board of Directors of the Downtown San Rafael BID. Adoption of this resolution shall constitute confirmation of the 2015 BID Annual Report and approval of the levy of assessments described in the 2015 Annual BID Report for the 2015 calendar year. I, ESTHER BEIRNE, 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 l st of December, 2014, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER BEIRNE, City Clerk ORDINANCE NO. CONSIDERATION OF AN ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.09 "DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT." WHEREAS, pursuant to Section 36500 et seq. of the California Streets and Highways Code (the "Act") the City Council on March 18, 2013 adopted Resolution No. 13519 entitled "Resolution of the San Rafael City Council Declaring Council's Intention to Amend the Existing Downtown Parking and Business Improvements Area and Levy an Assessment" which declared its intention amend the "Downtown Parking and Business Improvements Area" by changing the name to "Downtown San Rafael Business Improvement District" (the `BID"); expanding the existing area boundaries; changing the activities for which the assessment will be used; including all businesses except residential uses and home occupations in the District; and changing the assessment to a flat fee by type of business in two zones of benefit; and WHEREAS, pursuant to the Act and the Resolution, City conducted a public meeting, after having given due notice thereof as required by law, on May 6, 2013 in the Council Chambers at 1400 Fifth Avenue, San Rafael, California. At said public meeting the City Council received public testimony regarding the proposed amendment of the BID; and WHEREAS, 'pursuant to the Act and the Resolution, City conducted a public hearing, after having given, due notice thereof as required by law, on May 20, 2013 in the Council Chambers at 1400 Fifth Avenue, San Rafael, California. At said public hearing the City Council received and considered all oral and written protests regarding the proposed amendment of the BID, and determined at the conclusion of the hearing that written protests from businesses in the proposed BID that would pay 50 percent or more of the proposed assessment were not received and there was no majority protest within the meaning of the Act; and WHEREAS, the public interest, convenience and necessity require the amendment of the proposed BID, and the businesses within the BID will be benefited by the expenditure of the funds raised by the assessments levied hereby in the manner prescribed herein; and WHEREAS, Council may, for each of the purposes set forth in Section 36510 and 36513 of the Act, establish one or more separate benefit zones based upon the degree of benefit derived from the formation of the BID and may impose a tiered assessment within each of the benefit zones, and all provisions of the Act applicable to the establishment, modification, or disestablishment of the BID shall apply to the establishment, modification, or disestablishment of benefit zones; and WHEREAS, businesses in the BID shall be subject to any amendments to the BID's boundaries, amounts of assessments, improvements, or activities subject to the requirements of the Act. For the purpose of establishing assessments in the BID, Council may make a reasonable classification of businesses, giving consideration to various factors, including general benefit to businesses and the degree of benefit received from BID activities. Assessments levied on businesses pursuant to this Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within the BID. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1: FINDINGS The City Council finds that the public interest, convenience and necessity require the amendment of the San Rafael Municipal Code Chapter 10.09 Downtown San Rafael Business Improvement District, and the businesses within the BID will be benefited by the proposed amendments to the section `Calculation of Assessments' (section 10.09.050) as detailed herein. DIVISION 2. AMENDMENTS TO CHAPTER 10.09 The San Rafael Municipal Code Chapter 10.09 Downtown San Rafael Business Improvement District, is amended as follows: Chapter 1.0.09 Downtown San Rafael Business Improvement District Sections: 10.09.010 - Purpose 10.09.020 - Definitions 10.09.030 - Establishment of District 10.09.040 - Boundaries of District and Benefit Zones 10.09.050 - Calculation of Assessment 10.09.060 - Use of Revenue 10.09.070 - Collection of Assessments 10.09.080 - Advisory Board and Annual Report 10.09.090 - Assessments Do Not Offset City Services 10.09.1.00 — Boundary and Assessment Modifications 10.09.010 - Purpose. The purpose of this Chapter is to authorize the city to impose assessments on business within a parking and business improvement area which arc in addition to any assessments, fees, charges, or taxes imposed in the city, and to use such proceeds for the benefit of businesses within such area. 10.09.020 - Definitions. For the purposes of this Chapter and for identifying businesses in the Downtown San Rafael Business Improvement District and for calculating and applying the assessments owed, the following definitions shall apply: A. "Financial Institutions" - Banks (retail and full service), savings and loans, credit unions as allowed in the underlying Zoning District. B. "Non -Profit Organizations" - Organizations registered as a non-profit corporation with the State of California and fine artists. C. "Fine Artists"- Artists that produce art that is intended primarily for beauty rather than utility or commercial purposes. D. "Offices" - Businesses providing administrative or business services such as company headquarters, employment agencies, management services as allowed in the underlying Zoning District. E. "Personal Services" - Businesses that sell services such as hair salons, nail salons and day spas as allowed in the underlying Zoning District, and may combine some retail sales with product services, and may be associated with sole practitioners. F. Personal Services, not on Ground Floor- Personal service businesses that are not located on the ground floor of a building and do not have a retail presence on the street. G. "Personal Services Sole Practitioner" - Businesses that are sole practitioners in personal services businesses, including barbershop chairs, manicurists chairs, beauty shop chairs and miscellaneous personal care chairs. H. "Professionals - Businesses that require advanced and/or specialized licenses and/or advanced academic degrees, such as architects, engineers, attorneys, accountants, therapists, counselors, realtors, mortgage brokers as allowed in the underlying Zoning District. Professionals working as sole practitioners are in this category. I. "Restaurant" - Businesses that sell prepared foods and drinks as allowed in the underlying Zoning District. J. "Retail" - Businesses that buy and sell goods, such as clothing stores, shoe stores, office supplies as allowed in the underlying Zoning District. 10.09.030 - District Established. Pursuant to the provisions of Streets and Highways Code Section 36501 et seq., a Parking and Business Improvement District is hereby established, named "Downtown San Rafael Business Improvement District" (the "BID"). 1.0.09.040 - Boundaries of District and Benefit Zones The Parking and Business Improvement Area created herein includes businesses situated within the boundaries described as follows: Those businesses situated on parcels fronting on the north side of Fourth Street from Second Street to E Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 010-291-57, 35, 34, 33, 49, 69; 011-192-18, 08, 07; 011-194-11, 13, 08, 07; 011-196-12, 11, 10, 09, 08, 07; 011-202-13, 12, 11, 14; those businesses situated on parcels bound by Fourth Street, Second Street and Ida Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows,: 011-231-24, 25, 03, 04, 05, 06, 21, 17, 16; those businesses situated on parcels fronting on the south side of Fourth Street from Ida Street to E Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 011-232-01, 02, 03; 011-241-01, 30, 31, 32, 33; 011-242-01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11; 011-245-26; those businesses situated on parcels bound by E Street, Hetherton Street, Fifth Avenue and Third Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 011-204-01, 16, 15, 14, 13, 17, 09, 08, 20, 18, 19; 011-205-01, 1.5, 14, 13, 12, 11, 10, 09, 08, 16, 05, 04, 17; 011-212-15, 14, 16, 11, 06, 05, 04, 03; 011-21,4-10; 011-215-01, 02, 04, 05; 011-216-01; 011-222-08, 05; 01.1-224-01, 18, 17, 20, 15, 14, 13, 12, 11, 10, 19, 08, 06, 05, 04, 03, 02, 21; 011-227-01, 08, 07, 06, 05, 04, 10, 09, 02; 011-251-01, 13, 12, 11, 10, 09, 08, 07, 06, 05, 04, 03, 02; 011-253-01, 09, 08, 07, 06, 11, 10, 04, 03, 02; 011-255-27, 15, 14, 13, 18, 10, 29, 33, 19, 20, 07, 31, 30, 32, 23, 28, 03; 011-261-01, 13, 12, 205 26, 29, 30, 17, 31; 011- 263-20, 21, 02, 19, 04, 16, 22, 13, 11., 1.0, 09, 08, 07, 06, 05, 02; 011-271-01, 16, 15, 14, 13, 12, 11, 17, 07, 06, 05, 04, 03, 02, 01; 011-273-01, 17, 18, 12, 11, 10, 09, 08, 24, 06, 05, 04, 23, 02; 011-275-015 12, 11, 10, 09, 13, 05, 04, 03, 02; 011-277-01; 014-084-13, 14, 02; 014-121-14; those businesses situated on parcels fronting on B Street from Third Street to Second Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 011-256- 26, 07, 08, 09, 32, 12; 011-262-01, 21, 22, 16, 15, 14, 23. The Standard Benefit Zone is that portion of the Downtown San Rafael Business Improvement District located to the west of E Street, that portion to the east of Lincoln Avenue, and that portion fronting on B Street from Third to Second Street. The Premium Benefit Zone is the remainder of the Downtown San Rafael Business Improvement District; specifically that portion located the east of E Street and west of Lincoln Avenue, between Fifth Avenues and Third Street. Said area zones are reflected on a graphic, Exhibit A, attached to the ordinance codified in this chapter and incorporated in this chapter by reference. 1.0.09.O50 — Calculation of Assessments. All businesses in the BID shall, commencing on January 1, 2014 pay an annual benefit assessment to the BID in the amounts shown in Table 10.09.050-1. Table 10.09.050-1 Type of Business Retail on the Ground Floor, Restaurant, Personal Services on Ground Floor, Binaneial T^, 4 f' Retail on the Ground Floor Restaurant Personal Services on Ground Floor— Businesses with Less than$100 000 in Gross Receipts Offices, Professional, Personal Services, not on Ground Floor, Retail, not on Ground Floor Personal Services Sole Practitioner Non -Profit Organization and fine artists Financial Institution Annual Assessment Standard Premium $175 $225 $150 $J75 $75 $100 $25 $50 $50 $50 a75 14125 Assessments based upon `Gross Receipts' shall be based upon the previous vear's annualized Bross receipts. An individual who has multiple business licenses in their name at a single address shall onl�pay one assessment fee. No person or business shall be required to pay an assessment for residential uses, residential businesses or home occupations, tiny--i� b+wA-ne9s-t f'�-4ialI bssmenl. Any business outside the BID may voluntarily pay the Standard Zone Assessment. 10.09.060 - Use of Revenue. The revenues derived from the assessments shall be used for the purposes as stated in Streets and Highways Code Section 36501 et seq. for the specific benefit of assessed businesses which may include: A. General promotion of businesses activities which provide a specific benefit to assessed businesses within the BID; B. Promotion of public events which provide a specific benefit to assessed businesses within the BID and which take place on or in public places within the BID; C. The acquisition, construction, installation and maintenance of any tangible property including but not limited to benches, trash receptacles, decorations and landscaping which provide a specific benefit to assessed businesses within the BID; D. Activities which provide a specific benefit to assessed businesses located and operating in the BID. 10.09.070 — Collection of Assessments. The benefit assessment shall be billed annually by the City in conjunction with the City's annual business license. Any business exempt from paying City business license fees shall be assessed in January of each year. All assessments collected shall be held in a separate account and expended in accordance with this chapter and any subsequent resolutions and funds management agreement. 10.09.080 — Advisory Board and Annual Report. The City Council shall appoint an Advisory Board pursuant to Streets and Highways Code Section 36501 et seq. to administer the affairs of the BID. Members of the Advisory Board must own or represent a business in the BID, or be a voluntary member. The Advisory Board shall prepare an annual report for each year for which assessments are to be levied. The report shall be filed with the City Clerk and shall comply with all requirements as stated in Streets and Highways Code Section 36501 et seq. 10.09.090 — District Proceeds Do Not Offset City Services. Funds derived from the BID assessments shall not be used to offset or diminish current maintenance or capital improvement programs, including but not limited to public property and sidewalk cleaning and maintenance, street cleaning and maintenance, tree maintenance 10.09.100 — Boundary and Assessment Modifications The City Council may, at the Advisory Board's recommendation, modify the boundaries or assessments. Such modifications shall be made pursuant to the requirements of Streets and Highways Code Section 36501 et seq. DIVISION 3: SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4: PUBLICATION This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. GARY O. PHILLIPS, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, California, held on , 2014 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on , 2014. ESTHER C. BEIRNE, City Clerk a CMI Exhibit B September 28, 2014 Exhibit C In 2014, the Downtown San Rafael BID continued to evolve as an organization and as an advocate our member businesses, and our downtown community. The expansion from a small merchant association representing less than 140 businesses to a business district advocating on behalf of nearly 700 diverse businesses has created exciting opportunities to engage our business owners in building the future of downtown. Yet, the new organization also faces challenges to better engage, enlist and empower its members to tackle the many challenges we face. The attached annual report includes accomplishments during the period of June 2013 — July 2014 and a work plan for the period of June 2014 to December 2014. The BID has transitioned from operating on a July -June fiscal year in the old BID to a calendar year basis in the new BID, which is consistent with the BID assessment calendar. Since the attached annual report was published, we are pleased to report progress on the following work plan items; In April 2014 the Board established a task group to review specific concerns raised by members on the levy of assessments and individual objections based upon specific circumstances. At that time, the board voted to address such issues during the 2015 renewal process. Additionally, a working group has proposed modifications to the 2015 assessment schedule to address issues of parity as members strongly felt the assessment schedule placed a disproportionate financial burden on our smallest businesses. The proposed revision of the 2015 assessment formula is included with the agenda packet. In June, the BID held our Annual Meeting at Art Works Downtown, following a mailed notice to members of our slate of candidates for election to the 2014/2015 board of directors. The meeting resulted in several members expressing interest in the board. Subsequently, two new board members have been appointed to the board - Matt Haulk, an attorney with Rhagiannti & Freitas and Amanda Tryon of Copperfield's Books. • In August, the BID unveiled San Rafael downtown's first-ever community art banner display along Fourth Street. This 'outdoor gallery' celebrates local artists and it features the winners of an art competition based on the theme 'Creative San Rafael'. On September 15, we had a soft launch of our new Downtown San Rafael website that is designed to promote our business members. The website includes an events calendar and a section which allows each BID member to publicize their own deals, promotions and events. Over the next month, we are introducing these features to our members through both email invitations and door-to-door visits with hands-on assistance on how to maximize their listings and the marketing potential of the new website. In the two weeks since its launch, the website has had over DOWNTOWN SAN RAFAEL BU51NE55 IMPROVEMENT DISTRICT 817 M15510N AVENUE - PO Box 151050SAN RAFAEL, CA 94901 - 415-720-5591 1000 unique visitors (with no publicity). Our public promotion of the new website is scheduled for the second week in October. As part of our website, we have established an online "Request for Service" form that goes directly to the Downtown Streets Team, allowing our businesses to request as -needed cleaning assistance from the Team. Whether it is a spot cleaning in front of business, window cleaning, or other one-time assistance, support from the DST is now readily available to our members and will continue to foster positive relationships between the team members and our merchants. On September 27 the BID re -introduced a downtown Wine Stroll, in which 29 downtown businesses participated, either as tasting locations or as caterers for a host merchant. The BID partnered with the newly formed San Rafael Fire Foundation, which proved to be a successful model for collaboration, raising funds for the foundation and extending marketing to residents who otherwise might not have participated in the event. Over 200 community members enjoyed the evening, with many commenting that they were introduced to stores and business owners previously unfamiliar to them. On October 11, the BID is hosting Litquake San Rafael, the only official North Bay event sanctioned by Litquake SF, which is celebrating its 15th year as a renowned literary festival. We are excited to put San Rafael on the map as an official location for Litquake fans. • The holiday season kicks off with the annual Downtown Trick or Treat, presentation of the West End Village Fun Festival on November 16, collaboration with Steve Restivo Events and the City of San Rafael.to support our local businesses during the Parade of Lights festival on November 28, and collaboration with the San Rafael Chamber of Commerce on promoting Small Business Saturday in downtown on November 29. The BID will also present holiday coop advertising opportunities for our members and continue to build our online marketing presence. 2015 Work Plan In many ways, the BID is a new and evolving organization and with this comes some challenges and growing pains. While we are proud of all we accomplished in 2014, we recognized there are limits to what our small organization can achieve. As we move into 2015, our goal is to tighten our work plan and continue to build active engagement from our members. In August, we sent out a business issues survey to our members for whom we have emails (we are following up with a mailed version) and the surveys confirm that our members are most concerned about downtown parking policies, safety and competition. Our 2015 work plan is tailored to these pressing concerns. 2015 Committees and Proposed Work Plan: Organization • Build engagement with members through routine communications and regularly scheduled mixers. • Continue to recruit committee members and engage prospective board members. Collaborate with other organizations including San Rafael Chamber of Commerce and Renaissance Center to strengthen advocacy for our downtown businesses. Design • Continue to advocate for clean and safe public spaces. • Continue pursuit to secure additional sidewalk cleaning services. • Explore sponsored downtown beautification projects — as desired by ground floor business members. • Support projects designed to increase pedestrian friendly downtown including pilot parklet program and increased convenient bicycle parking. Economic Development • Establish a working task force made up of members and community representatives to develop a comprehensive parking policy proposal for downtown that supports our objective of creating a welcoming place to shop, dine and enjoy leisure pursuits. • Continue to advocate for adequate downtown policing and research and deliver recommendations to City Council on best practices for safety and hospitality in areas impacted by the street population, such as the establishment of a professionally managed downtown ambassador program. • Provide support for prospective downtown tenants based upon outcomes from MJB Consulting retail recruitment contract. • Establish a West End Economic Development Committee to identify issues and opportunities affecting the growth of the West End Village and to advocate on issues specific to the West End. Marketing and Promotions • Establish an active Marketing Committee to develop a 2015 marketing plan for the downtown district, utilizing website, social media and print outlets for maximum exposure. • Deliver 3 signature events, and collaborate with downtown Arts Organizations, California Film Institute and other event producers to maximize integration of downtown businesses in events that are held in downtown, leveraging collaborative opportunities and mitigating perceived negative impacts on our downtown businesses. • Support our individual businesses through website and social media exposure. Our success in 2015 will depend largely on the willingness of our stakeholders to come to the table, speak up, propose solutions and lend their talents for the greater good of our downtown. With limited funding for staffing, the BID must rely on active committees and engaged members to carry projects forward. We believe Downtown San Rafael is in a period of exciting transition and opportunities and we believe the BID can continue to be a valuable tool for our members to work together for a vibrant and successful downtown. Sincerely, 4/-\ Kyle Hixon Interim Board President " San Rafael" - Isabel Hayes first Place - Banner Art Competition ii e 11 -i lo ilil~t'ffii a siian or a Th rl 'd i D( mvnriotlec,,v ir,; ) Wow! It's been a whirlwind of a first year as president and it is my hope that in these pages you will see how much we have done with very few resources. If there is any one message to share it is that the BID can be whatever we want it to be. But it takes effort and involvement. That can be just a little bit of involvement all the way up tojoining the board, but what matters is hearing from as many members as possible about how best to direct our efforts. At our best, the BID is a collective voice speaking for the welfare of downtown businesses. Our focus in this first year is on building community with our membership and pushing forward projects and events with the city that help us all. Only by your involvernent will we know what you want. Only then can we adequately represent your interests and identify how you can be a part of our efforts. Getting information to you is our greatest challenge. Many problems or concerns change when you know more about the situation. I've learned much in the past six months about parking, our police resources, city government, events, and frustrations shared by fellow business owners. I've used the BID as a resource to find out more about what is happening in my city. And I've learned that sometimes, through my involvement in the BID, I can make a difference. With a new president, new director and new board members, the BID is quickly changing, adapting to a new era. Be a part of that change. I whole-heartedly believe the livelihood of our downtown is a worthy investment of my time and effort beyond the walls of my own business. It is my hope that you share this point of view. If so, I look forward to working with you in the days ahead as we give substance to ourvision for a thriving downtown. r Andre Sisneros��� President Established monthly committee meetings for Parking, Social Issues (safety), Design (streetscape) and Events. Initiated website overhaul, contracting with LOcalOn for new website. Anticipated launch date: July Introduced Townsquared , a closed forum for BID members through which to build community. Utilized electronic newsletters for enhanced member communications. Sent out post cards to all new members requesting email contact to increase ability to communicate, 'i Advocated for City to invest in downtown by removing old news racks, replacing leaky trash -cans, and replanting corner tree wells (where possible) to improve street appearance. BID continues to work with City on downtown hard-scape investment. Worked with Downtown Streets Team to establish routes that cover entire BID area on weekly basis for sidewalk sweeping. Conducted first—ever Downtown Street Banner Art Competition to foster community engagement in downtown. 33 designs were selected from 17 artists that will be printed and hung on Fourth Street in July 2014. Secured city commitment to support a pilot parklet project on Fourth Street to enhance pedestrian experience and increase on -street bike parking. Project is in progress. Partnering with Marin County Bicycle Coalition and the City's Pedestrian Advisory Committee on project. Piloted Second Friday's cultural events to supplement Art Works Downtown's 2nd Friday's Art Walk. Produced successful "Latin Flavors on Fourth;"'Feast on the Piazza,"" Almost Midnight in Paris" (including an attention - grabbing poodle parade);"Fall Harvest Evening and Flash Sale." Closed out year with "Holiday Cheer"in December. Plans for 2014 are pending, Supported return of the West End Fun Festival with Target Funds grant and committed to greater administrative support in 2014. Secured a $10,000 grant from Target Funds to fund a part- time BID Event Coordinator to increase our ability to produce BID events. Conducted second Sweetheart Scavenger Hunt resulting in positive press coverage in Marin IJ. Produced 2014 May Madness, moving the event off Mother's Day weekend and introducing elements toconnectwith younger demographic. Event was most successful in several years and netted a small profit. r }j El:...1,I _9 i, Marinscope News Pointer — Article on Banner Competition & May Madness Marin IJ- Positive press on Poodle Parade, Sweetheart Scavenger Hunt and May Madness. Subsidized one month of holiday coop -ads generating four full pages of downtown promotions in six editions of Marin IJ during December, se`uring significant savings for merchants. Subsidized holiday co-op ads in Pacific Sun, generating significant savings for merchants. Established Downtown San Rafael Facebook page to broaden community connection to downtown. Re-established Dominican"Penguin Pals"Program with business directory listing distributed at Freshman welcome days. Initiated quarterly meeting with downtown arts organizations to identify opportunities for moss promotions and share calendars. til:ti'v>ul. Successfully advocated to City for development of a retail recruitment strategy for downtown. Secured $7,000 from Target Funds forthis effort and City Council approved expenditures up to $30,000 to engage MJB Consulting. Project to start mid -summer. Attend monthly Business Issue Committee with Mayor Phillips, Councilmember McCullough, City Manager, keeping focus on downtown business challenges. £T_ ,San C14, IfSMITIPTAIIMN Rafael Film Center 6116 Live Concert Broadway to Hollywood with Richard Glazier 6127 Brealhing Earth - Susumu Shingu's Dream - US Premiere Fenix Live 6115 Jazz Brunch with Sony Holland 7fom Laugh with your NO Comedy Showcase Georges Night Club Live Salsa Bands Every Thursday Alter Theater World Premlere: "The Fellow6hip" 6116-7/13 at Art Warks Downtown Italian Street Painting Marin 6126, 6179 1T'S r0P, DADS & 0 P A • Copperllelds • Rebound Books Books • Red Devil • Blue Moon Records Comics . Riley Street • Brad Gilbert Art Supply Tennis • San Rafael • Diamond Luggage Center Sports Cards • San Rafael • Gamescape Rare Coin • Mlkes Bikes • Summit Bikes • Radio Shack Triumph V_ A S F ti 11 1r �' u..;_�;'T fi""tFt� tYr1T't,�,2 l�, �i7r• ...,,.....-.:� =AY..Downt O 1a -7t3 tovinSanRafa3t(011ell.org THOUS S HOP Andre 5isneros - President Gamescape Kyle Hixon -Vice President Fenix Entertainment Greg Gener -Treasurer First Bank Forrest Manning - Secretary Double Rainbow Joel Eis - (Events/Promotions) Rebound Bookstore Tim Hedrick (Design Committee) Weir Andrewson Architects John Godsey - Marketing Fourth Street Press Mike Lamorte - (Restaurants/Events) Napoli Pizza & Pasta Non Voting: Ashely Applegarth (Social Issues) Downtown Resident Vacant Seats: Up to 4 additional board members may be appointed for 2014/15 terms. r .:',1.1 t 4'.1 P U Successfully advocated to keep garage parking rates unchanged, using metered parking to effectively manage space turnover. Negotiated improved holiday parking program extending free 3 -hour parking to all city parking lots. Advocated for improved employee parking, pay -by -phone options and discounted pre -paid "smart cards. (pending) Facilitated meeting with business owners surrounding Cijos Lot resulting in modified design plans based on merchant requests. Proposed introduction of bike corrals or parklets on Fourth Street to increase bike parking and increase pedestrian friendliness. Design committee implementing effort second half 2014. ra Organization Purpose: Promote BID to Stakeholders and the community and ensure organiza- tional foundation is strong and financial management is prudent General Goal 2014: Establish a strong structure and foundation for organization Objective #1 - Adhere to By -Laws Project #1 - Set Annual General Meeting Project #2 - Appoint Nominating Com- mittee and elect 2014/15 board Project #3 - Update by-laws to reflect changes in BID in 2014 Objective #2 - Increase Member & Community Engagement Project #1 - Create comprehensive Organization database Project #2 - Overhaul Website Project #2 -- Hold quarterly mixers & happy hours Project #3 - Establish routine communication with members to increase engagement including block captain system and one-on-one meetings. Project #4- Introduce Townsquared forun to build community among BID members Objective #3 - Stabilize! Diversify Funding Project #1 - Establish committee to review BID fees, for equity/parity. Project 112 - Prepare for BID renewal in September. Project 43 - Identify supplemental funding opportunities for 2015 Parking and Transportation Purpose: Promote effective parking and transportation into downtown San Rafael General Goal 2014: Ensure that down- town has easy access for cars and bikes, and that downtown has adequate parking for employees and customers. Objective #1 - Host monthly meeting to address issues affecting employee & patron parking. L.W Work, t 11 t r`e `, 1 ��. � F4 N.F� � � �[ r : n t Social Issues Purpose: Advocate on issues of mime, code enforcement and negative social activities that impact economic vitality of downtown at the direction of our members. Objective #1 - Be a resource for members and advocate on social issues that affect downtown Project #1 -Advocate on massage parlor enforcement with goal of closing down- town Illicit businesses. Lead letter -writing campaign. Objective #2 - Support the Downtown Streets Team by promoting their successes and serving on Business Advisory Committee. Project #1: Reach out to members to encourage sponsoring of coffee breaks/ refreshments, etc. for team. Design Purpose: Make sure downtown is clean, has aesthetic appeal and welcoming quali- ties. General Goal 2014: Promote a public space that is welcoming. Objective #1 - Improve Downtown Cleanliness Project #1 - Secure funding to supple- ment City's sidewalk cleaning efforts, Project #2 - Request City to replace leaky trash cans Project #4 - Create a Downtown Streets team "task" list for spot cleaning & as- sisting businesses to stay clean, Objective #2 - Enhance the aesthetics of public space Project #1 - Street Banner Competition Project #2 -- Pilot Parklet Economic Development Purpose: Strengthen retail environment and advocate on ordinances & codes that affect downtown businesses. Marketing & Promotions Objective #1 - Promote downtown through strategic marketing Project #1 - Re-establish Dominican University Incentive/discount Program Project #2 -Create advertising campaign for remainder of 2014 Project #3 - Collaborate with Arts Organizations & Cross promote Project #4 - Present Co-op advertising opportunities for merchants. Project #5 - Introduce new website business directory to members to enhance their individual online presence. Events Purpose: Promote the downtown through production of special events designed to attract community and promote existing assets, such as merchants, dining, entertainment and other businesses. Objective #1 - Produce Special Events to expose locals and visitors to downtown San Rafael Project #1 - May Madness Project # 2 - West End Culture Crawl Project # 3 - New Taste of Downtown/ Stroll & Savor - September Project # 4- Lit/Poetry Crawl - -Fall Project #5 - Halloween - Enhance Project #6 - Support Art Works Down- town's Second Fridays Ail Walk Project #7 - West End Fun Festival Project 118 - Small Business Saturday Objective #2 - Capitalize on other special events in downtown and identify cross promotional opportunities: Weekly Fanners Market Twilight Criterium Italian Street Painting Blues, Brews BBQ Mill Valley Film Festival Parade of Lights Project #2 - Co -present ADA Workshop with City, Chamber of Commerce & Marin Center for Independent Living Objective #2 - Support Strong Retail Mix Project #1 - Review employee and1 Objective #1 - Educate businesses on Project #1: Contribute $3,000 BID resident pan king options, make recom Jj ordinances, codes & best practices. reserves & Target Funds to City contract mendations and improve marketing. a for Retail Recruitment Strategy.. EXHIBIT C 2014 Downtown San Rafael Business Improvement District Board of Directors Kyle Hixon - Interim President (Fenix) Greg Gener —Treasurer (First Bank) Forrest Manning—Secretary (Double Rainbow) Joel Eis (Rebound Bookstore) John Godsey (Fourth Street Press) Matt Haulk (Ragghianti Freitas Law Offices) Mike Lamorte (Napoli Pizza & Pasta) Andre Sisneros — Past President (Gamescape) Amanda Tryon (Copperfield's Books) San Rafael Downtown BID Budget X2013 Year End Fund Balance Revenues 2014 Programs $60,000 2014 Year End Fund Balance Year2014 Estimated Year End 2015 Programs $78,995 BID Assessments $59,372 Year2015 Proposed Budget $80,000 BID Assessments ;Lindaro Parking Lot j $27,094 Event Income $5,000 *May Madness Income $25,824 Target Grant (see note below)* ( $15,000 Target Grant - May Madness $10,000 j `$1,000 coop advertising Other Event Income $5,106 Target Grant- Event Coor $10,000 y - ----- Target Grant - Retail Recruit $7,000 - Total Operating Income $165,019 $1001000 Expenses Events May Madness ($33,675) Events (tbd) ($6,000) Trick or Treat ($1,000) Event Coordinator* ($15,000) -- - -- - --- - -- - - - - other events -- ($1,133) --u_ Culture Crawl ($600) Lit Crawl -- -- - - -- -- ----- - Food & Wine Event ($5,000) Event Coordinator ($15,000) I Events subtotal ($57,908) ($21,000) - ----- - Marketing & Promotions Advertising _ ($7,780) Advertising/Marketing ($8,000) [Website Revision ($4,085) Website Maintenance ($2,500) 'Directories/marketing ($1,000) BID Member Communication ($1,500) Member -- - comm/mixers ($5,728;1 � Marketing & Promotions Subtotal ($18,593) ($12,000) Streetscape &Safety Banner program ($3,500) Safety Initiatives (tbd) ($1,500) Parklet $0 Streetscape & Safety Subtotal ($3,500) ($1,500) Retail Recruit ($10,000) $0 Operating Expenses Staffing ($44,000) Staffing ($44,000) payroll taxes & admin ($4,268) payroll taxes & admin ($5,000) office rent ($6,000) office rent ($6,000) Insurance ($5,339) Insurance ($4,500) tele/supplies/office ($3,127) tele/supplies/office ($3,000) profess/accounting/banking ($5,017) profess/accounting/banking ($2,500) meeting/travel exp ($1,395) meeting/travel exp ($500) Lindaro Lot Expenses ($6,500) Operating Expenses Subtotal ($75,646) ($65,500) Total Expenses ($165,647) ($100,000) Net Profit/loss $0 Projected 2014 Ending Fund Balance/Carryover to 2015 $59,372 2015 Ending Fund Balance $59,372 *Target grant revenues along with matching event coordinator expenses are contingent upon being awarded a $15,000 Target grant. 2014 BID Assessment Formula (Current) Exhibit D Annual Assessment Type of Business Standard Premium Retail, Restaurant, Personal Services on the Ground Floor, Financial Institution $175 $225 Offices, Professional, Personal Services, not on Ground Floor $75 $100 Services Sole Practitioner $50 $75 _Personal Non -Profit Organization and Fine Artists $50 $50 2015 BID Assessment Formula (Proposed) Annual Assessment of Business Standard Premium _Type Retail on the Ground Floor, Restaurant, Personal Services on the Ground Floor $175 $225 Retail on the Ground Floor, Restaurant, Personal Services on Ground Floor— Businesses with Less than $100,000 in Gross Receipts $150 $175 Offices, Professional, Personal Services, not on Ground Floor, Retail not on Ground Floor $75 $100 Personal Services Sole Practitioner $25 $50 Non -Profit Organization and Fine Artists $50 $50 Financial Institution $375 $425 JV A MIJIM 11111111W WAOMYRT 4131VU1,10191t ERI, ymmi lial 1 .019 1-11' 1A 0 AW WHEREAS, the Califomia Streets and Highways Code Section 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 was established in 2013 to amend the existing Parking and Business Improvements Area instituted in 1979 in the commercial area on and around the Fourth Street corridor in San Rafael. 111011!1`11111 M INARMT1414M Streets ana r11gn%4aJ5 k UUe ZJCCUun 1 11 Y3 I e 5 1 T u e Ts n s mpr District shall prepare an annual report for each calendar year in which assessments are to be levied which the City Council shall review. NOW THERE FORE BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1. The City Council intends to levy an annual benefit assessment on businesses in the BID, except where funds are otherwise available, to pay for selected improvements and activities of the BID. Section 2. The City Council does, at the request of the existing San Rafael Business Improvement District, and pursuant to the California Streets and Highways Code Section 36500 et. seq., declare its intention to amend San Rafael Municipal Code Chapter 10.09 "Downtown San Rafael Business Improvement District" (the "BID"); revising the 'Definitions' section (10.09.020) and revising the 'Calculation of Assessment' section (10.09.050); including all businesses except residential uses and home occupations in the District. Section 3. 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 the map and boundary description, Exhibit A, attached hereto and incorporated herein by reference. A map of the BID is on file with the City Clerk. Section 4. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the BID are in Exhibit B attached hereto and incorporated herein by reference, - MR1 Section 6, All funds of the BID shall be expended on improvements and activities within the BID. Section 8. A public meeting for the purpose of allowing public testimony on the proposal to amend t�—eBll) shall be held before the City Council on November 3, 2014, at 7 p.m. in the Council Chambers, 1400 Fifth Avenue, San Rafael, California. At the public meeting the testimony of all interested persons, for or against the amendment of the BID or of any of the matters included in the amendment, will be heard. Section 9, A public hearing to amend the BID shall be held, before the City Council on the December 1, 2014, at 7 p.m. in the Council Chambers, 1400 Fifth Avenue, San Rafael, California. At the public hearing the testimony of afl interested persons, for or against th4- amendment of the BID or of any of the matters included in the amendment, will be heard and all protest collected. Section 10. A protest against the assessment of the BID, or any aspect of the assessment may be made orally or in writing. To be counted as a part of a majority protest against the assessment of the BfD, a protest must be in writing and from a business in the BID. A written protest may be withdrawn from 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 - rotest is not shown on thexffie recs"rds of the 0W of 9 -an 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 as to the regularity or suffficiency of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Section 11, If at the conclusion of the public hearing there are of record written protests by business owners within the BID that 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 9 specific assessment amount, adjustments may be made to the amendment proposal. Sqgtion 12. Further information regarding the Downtown San Rafael Business Improvement District may be obtained from the Office of Economic Development at 1313 Fifth Avenue, San Rafael, CA 94901. Section 13. The City Clerk is directed to give notice of said public hearing by publishing the notice once a week for three weeks 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 th.is 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. 1, ESTHER C. BEIRNE, 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 6th day of October, 2014, by the following vote, to wit: AYES: Councilmembers: Busherj���� e,-- - E.-_4 - CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRCC AGENDA ITEM NO. DATE OF MEETING: 12/1/14 FROM: Thomas Adams DEPARTMENT: Economic Development DATE: 11/19/14 TITLE OF DOCUMENT: Public Hearing on City Council's Intention to Levy an Annual Assessment for the Downtown San Rafael Business Improvement District. Resolution Confirming the Annual Assessment for 2015. jar part p ent Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY APPROVED AS TO FORM: AGENDA ITEM: e, ra Cify Manage(signature) City Attorney (signature) I NOT APPROVED R1 MARESS. -1-h,e attached sniff report. packet is the third meeting of the three meeting annual renewal process for the BID This meeting is the one where a public. protest is counted, if one is brought forwLird. C-� ff, Esther Beirne From: Rebecca Woodbury on behalf of City Manager Sent: Monday, December 01, 2014 9:22 AM To: Esther Beirne Subject: FW: Copy of Council Contact - All City Councilmembers - 8200547 For vou-- r( -Corr -k for tongh�`s pubk hearino- From: -rn S�J'- Sent: Sunday, November 30, 2014 6:33 PM To: City Manager Subject: Copy of Council Contact - All City Councilmembers - 8200547 The following email was received through the City Council Contact Email Form on the City web site. A copy is being forwarded to each member of the City Council. Comicil Coulad Form --m for thliCo,, tjf S orm iti a OU lx -- Ni -lc th?t Ow Ot �I 'S'w,11-zid 1- , 1 A _l_ -o )n jont i'd i�,d ""O1 i! li"C kMl—' ''OH J i-Uhhc wco.d Mail 1")MILd h' SJf! Pdl�!'-'! ()PI COL1`1 i1, PO }iii'; San P�dv-,L I First Name Sian Uv�t Name �1i7 To Addre-,s I Fi:zr i�- ct, 4-1 1 Addruss 2 Citl Sail J{j!,,.-] State (" "I Zip Code qTx) ! 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CNJU0q. and L006ti) 10,; Rvyndq, Snp (Oh, Esther Beirne From: Rebecca Woodbury on behalf of City Manager Sent: Monday, December 01, 2014 9:33 AM To: Tom Adams (Tom. Cc: Esther Beirne Subject: FW: Copy of Council Contact - All City Councilmembers - 8201920 Fom — pie -ase respond, sar-ne as tjje oth pr4 Est r) e, r io vo, 10 r re 1Df) r d s From: rin, e rftj 0, n., r Sent: Monday, December 01, 2014 9:26 AM To: City Manager Subject: Copy of Council Contact - All City Councilmembers - 8201920 The following email was received through the City Council Contact Email Form on the City web site. A copy C7, is being, forwarded to each member of the City Council. C, Comicil Contact Form L. w k) i- lit !I, ", i0. 7 i A J C, J N�-t�, llf,�! Ov� <C Stir P,;d'dd i(%i!,-;i loj > c;nld tti ('i%l!nJ'I-H_'I',&,.— ,i- w 1jil'i'- ni"d and oil con LC; -w L NL��l J;�!-Cp- p S��i-, ;I jI() Jji17 I D, San 11, tI d, A. 9-1i 15, Fh-A Name Laq Address I Address 2 Citl S',ln Riia-d 1 Sue Ca Zip Code 9TW! 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Rcqpmladh, Kle 1 lAy"(SId Esther Beirne From: Rebecca Woodbury on behalf of City Manager Sent: Monday, December 01, 2014 9:21 AM To: Tom Adams ( Cc: Esther Beirne Subject: FW: Copy of Council Contact - All City Councilmembers - 8200584 H11i I", -M — (:an You i espond' --o this pt--�rson� Please b -c the full City Couincil anO thli� ernail address on your 're span�se, or toni-h�-'s Public hear',, -q,.;,, Est, th �is is fo r yo Li r re co rdis . i I -L I i � From: Sent: Sunday, November 30, 2014 6:57 PM To: City Manager Subject: Copy of Council Contact - All City Councilmembers - 8200584 The followinc, email was received through the City Council Contact Email Form on the City web site. A copy L- is being forwarded to each member of the City Council. Council Cmitact Form I't" , P '�rd -7 J i i ifl["'tC"t i", I-InVuCl 11w Ufl� NL�'Ila—i I ti[..{, cP — , 1 , � ! � , C! 1-k � 1 n � )1' - -. � 11 � t i i-jl 01c � i -�! '111d . I "' ' I ,—_s.W! 111T'ih­d 1 !!-' iO'I. " 1DJ i U I ro" w J i L . L t � � � — I , I 'd i 1 S P, G 1 11, 0,41 IIR-A Name '11', i:ca Laq Name Address I Stiv'c�t Addres,, 2 011 - NX n We Ca ZQ (lie w)1 p5me Mae] - FnmH AMess sow case M h"WRO MW AH Ca% ('oumAnvomho, MvAic enter your (picsfituj,,/cmiimewhdom I am wi Alupoideni coutranw.a lov"ar lWip, 11Ar Wign on MA Sum I am upset to cat Mpendmi amnaclo! chai'vC'd � 100, ca�b 0le W1)« a nen Hoe inin on onch ,four Whoo kvwn mow than d"Mrig to ust mw cwh ofow ww"" H"Wes AW A_ 1 1 mAntawyl thm We MD has ho M& WAy & me poWng it on to Ow knKnon Tat hondit Wn WAr "Mucs. hm I Ki T� too SWO h"m one hu&c- k mcm0c W umwns, Kru my andorynWhT dic soriou.--Jm,-! on!" D onic fcc Cor thou Ui . nvuhQ hke We IIVRhvswr, do. Q A us mh "od pwAhuc. "Wrt "o cWQd to M dNSW &is Wy Qc W par My, aid A "a, Ki CjCh & tHW4 000, 00 cm do W L„71;1 ..0 tw, cc P” hwkw— I Rd to k a ht o! mon(d ij, chan- rcntorS to p�i�, 1'i�r WMM&I TW "c AT &W knov nnwh A= I ask if on cin a 1-oo p" -r hu'bws.ddiv' &' Lik, iding th'J" charL'-'. OR ih15 �tn TWmQ-u kw low Aw A:.0awa km to 10 Ch"4 a Tm KARL I We "oling W Www n & "wn w,n WhydrnKm cc W cot 1 tic1=h. iks' N 1'nic„ Iii Esther Beirne From: Rebecca Woodbury on behalf of City Manager Sent: Monday, December 01, 2014 9:22 AM To: Esther Beirne Subject: FW: Copy of Council Contact - All City Councilmembers - 8200547 For vour r( -cords for toni, ht,S PLIbliC hearing From: e Sent: Sunday, November 30, 2014 6:33 PM To: City Manager Subject: Copy of Council Contact - All City Councilmembers - 8200547 The following email was received through the City Council Contact Email Form on the City web site. A copy C� is being forwarded to each member of the City Council. Coillwil Conlacl Form 1 L! 0�0.. Ow OW, S,�iR l tILwl it-ohsJoilo, Th;�, 1..°i; -1- i, „1: 3_ ILl Ci1 l, 11- Nh, or 'Ind 'I'p jj; I': s 1 F "1 1 1, 1 t 11 0 1� C1 I f n t - llk,la,�� wl 1 1-;�, Cil - N I no 2i I cc 11 1 1H`l-,,�-0!-)0i-- A, a —C �ir�nd ;ij)J ;If !-l- n-wih-d (-1,01" I i --m ,cWd lik< to wl,i %ill ti� ri,c�wd. Niod C, 'I -- 1 111-1 k I 'I Slit- PL) " I" G)Uillsil, PO PiOl * First Name S: 'a N.1111C Address 2 City Stale C Ik Zijo Code 94TA Ilmnc Thunnilwr Enmil AdOre,,-� *Send omQti, wWdom ": Pietist, enter yinor question4cgirinnents helms h) Sys (lay Ndiliftand die Cn_ Cotmiril of S,m (Wha- 0w I YWA Pik knu as San VIA leAdent. W nlons o enWkqcA and bri-rin IMD how -d nwrnbca to nipporl Ow run"al ofTe hudws4 hyroxemont 1 o :v 11 a, sysilo AN Qua " up own-iwmq tor Ow HID Rnnv A h"Aw on Modal PocclAer U WMiKIMAY Frn unahk no mhoid. Ito 14H 1 Qacooyhdwd nimh K Wr Aq )wn In 1AWL OW) IT. o womokkd rinow in otic law Ta" Ow p" Am, WD Ad in sncrA As loti WA mil mi) knon, s(nic of We indudo men new, a w" "AWo name::. hl" .SCI uhh the nunnherd lil-, whinoW Iwulnqnhj bodwnamn au'um"Od povm 4och XOW (!,he Ton RoacHxtwnwTho oTojimbon qvdixed We Xhq Wrin, now "kh cowitsion bat Ow n On no Wy, "oKW Or the BID to imlowc endiln-N�uc LI'ling L-',aai �%ealS' RX ow Kim Kin TC HID qwwd aw ma .i a %ag holymmu whou-nann-'C' P"n klg'and t"o Mher hhp. maw quhCound"Co. Stwalseope am! 1 "va?o" In f-, "i'jlfar I amhud to 1111) 1or 0 A01ity to mWard" da 144bg Conathwo became k A, ow"4 We Mo Wn! Ann kw Anuvhd! FUTV nQ 010 WMO"M Ille PAT% 0"n"We n1al he ow J to higgow Nitchts of HU) hwaum the mapo" a Isting SC OR_,, MU'l i1ohpaical he thow 4 A, kv Ow hnitie sc, cmiumica4 ind 06x� It AwWd ..i. ,i> NotgrAwd th, the 111) an! W Mqu, ",ilk wdl togabor for a'-'1-'111iodC "''ItTu. V. v Us We BID Us nalmmad Ora pmlal amn", pm KA) nwaL My have am) "OAS rimPo siren�;Oi'ai theInnll ,t_,..,1+_ inni,painn ivY4 knpitp two 1-owd nmulmv om howi w"rammOat, w mens' qwh x Nw vohdw, Ir you4c tho craoinn A a s5dn eV"U" me "ith nwKs i, ..1, hko the HID 4 Own it k WAWA to kno" "hm an 3chrokunwn, 00, K BID'bw" "IM h, ':1aid&wd abUl - Hw Path of Ow don nom c and in woo Tc haTh of an (it, A T Me KnonVew 10 (A amornpi Jwiwm. �iac-'dah\ '-' ((`l it!�' unipw MO UMOMA TwOKA amd kw 0�k? A, Ion; as We nwnihn Nip asnonHy upfrons the 1011 (10 Wmcd scold War 0 AY ICM mid poNinal n1pov -a 1ho BAD mo thm the and conpranhy of the !) .ins A%n can he ow,undy suppoacd 10 an mpithinho, 1' ! 10— Oalu1knd We BID Wd Pw their % Auntoer eoi.ti io;o_on and "c,-ecoC thea nia/miziimmnlent "m! the lWynon, Moy X We BIA, 1waV nutimabon and the AmnkmnAnsa a..,_ % Hinman is Aw 0 ho W. WA hqW0T" cfhm� So K a CmmTon, Thwk you Or w6hy ON Law TWA Im (111 (WwH kw low Comnsu"n WW wvki-nhip. punk w"o 0100 SCO kv, Aw OWN h ,--f . ice- Sj-,,,dcd O-Iankw to the Envionho I "Ickqviaml I kPaarun" lur duo It WWW". U", on am dankst Ito RYXX S"n LAW i'myr,inn, Mx��n,�oa.Ari 'N\ Fa -k, Esther Beirne From: Elvis Gottleib < Sent: Monday, December 01, 2014 7:29 PM To: City Clerk Cc: Carol Thompson Subject: San rafael BID I would like to give my written support for the BID. I think it is very pro -active organization offering support to businesses by creating activities to promote the downtown and west end, as well as advocating on our behalf politically, sponsoring co-op advertising and other generally positive initiatives. If there was ever a question to consider continuing the Business Improvement District I would say YES ! L:hris Johnson Red Hill Pet Center 1 Esther Beirne From: Andrew Hening < Sent: Monday, December 01, 2014 5:13 PM To: City Clerk Cc: BID Subject: Downtown Streets Team Downtown Streets Team was born out of the Palo Alto Business Improvement District in 2005 in order to address downtown homelessness and litter. BIDS are natural partners of Downtown Streets Team, and we have found an outstanding partner in San Rafael's BID Director, Carol Thompson. Even before we launched Downtown Streets Team —San Rafael in the summer of 2013, we began meeting with Carol to discuss how the team can be of service to the downtown business community. Homelessness is the most complex social challenge we face. The causes are varied, the prescriptions are polarizing, and our perceptions of the issues and those experiencing them are shaped by profoundly personal worldviews. We believe the streets team has had a positive impact in downtown, but we are the first to admit there is much more that needs to be done. Thankfully, we've found tremendous support from the BID. In addition to participating on our Business Advisory Council, Carol has featured a "job request" section on the BID's new website, and she has also asked us to join the BID's Board. She is incredibly responsive to the business community's concerns, and she is a pragmatic, tenacious advocate for downtown's best interests. Without the BID — and more importantly, without Carol — I firmly believe that there would not be a viable, influential organizing platform for downtown's biggest stakeholders. Downtown Streets Team strongly supports the Downtown BID. Andrew Hening ANDREW HE I G MARIN COUNTY REGIONAL DIRECTOR 1115 3rd Street, Suite 15 • San Rafael, CA 94901 Mobile: (804) 615-9695 • Main: (415) 755-1146 DOWNTOWN STREETS IM MEESE= TEA Emmon111111 a www.streetsteam.o 1 Esther Beirne From: Stan < Sent: Monday, December 01, 2014 11:39 AM To: City Clerk Cc: BID Subject: For City Council mtg tonight To whom it may concern, Please accept the following email as a letter to City Council in support of the BID Renewal Hearing tonight. Please note I already submitted thenletter to the council via the website email form. Thank You, Stan Gibbs To the City Council of San Rafael California, I submit this letter as San Rafael resident, downtown employee, and former BID board member to support the renewal of the Business Improvement District. Please consider this letter as my comments for the BID renewal hearing on Monday December 1st. Unfortunately I'm unable to attend. The BID has accomplished much in their first year. In fact, they have accomplished more in one year than the previous BID did in several. As you may already know, some of these accomplishments include new events, a new website, mixers, improved communication with the membership, increased community involvement, and successful projects such as the Creative San Rafael banners. The organization produced the May Madness event with conclusion that the event is no longer appropriate for the BID to produce ending a controversial issue lasting several years. For the first time, the BID started and maintain a very important subcommittee, Parking, and two other important subcommittees, Streetscape and Events. In particular I applaud the BID for it's ability to maintain the Parking Committee because it is one of the two hottest issues for almost all people using the downtown. The Parking Committee may be one of the biggest benefits of the BID because the strategies of Parking Services must be influenced by those it is for: the businesses, customers and visitors. It should also be recognized that the BID and Jim Meyers work well together in striving for a symbiotic parking system. All while the BID has performed the partial summary previously noted, they have also worked hard to strengthen their small infrastructure. This includes transparent bookkeeping, new board members, and better communication systems such as the website. If you've never overseen the creation of a website, especially one with complex needs like the BID's, then it is difficult to know what an achievement this is. The BID should be considered critical to the health of the downtown and in turn the health of our City for the incomplete list of accomplishments listed above, for it's unique and undiluted directive, and for it's potential. As long as the membership generally supports the BID, City Council should offer it's official and personal support to the BID so that the needs and community of the downtown can be constantly supported by an organization designed to specifically do so. I'd also like to commend the BID board for their volunteer contribution and to recognize the amazing commitment of the Executive Director Carol Thompson. Most of the BID's speedy maturation and the downtown's increased vibrancy is due to her tireless and beyond -pay efforts. She is a champion. Thank you for reading this letter. Thank you City Council for your commitment and leadership. Thank you to Parking Services for their friendly service. Special thanks to the Economic Development Department for their friendliness, creativity, and devotion. Best Regards, Stan Gibbs Program Manager, Art Works Downtown