HomeMy WebLinkAboutCC Resolution 14031 (Annual BID Report & Levy Assessment)RESOLUTION NO. 14031
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
CONFIRMING THE 2016 ANNUAL REPORT OF THE DOWNTOWN
SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT AND
APPROVING LEVY OF ASSESSMENT FOR 2016
WHEREAS, California Streets and Highways Code Sections 36500 et seq, authorize
cities to establish parking and business improvement districts for the purpose of promoting
economic revitalization and physical maintenance of business areas, 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; and
WHEREAS, pursuant to Ordinance No. 1912 and California Streets and Highways Code
Section 36533, the Board of Directors of the BID is required to prepare an annual report for each
calendar year in which assessments are to be levied, which the City Council shall review; and
WHEREAS, the Board of Directors of the BID submitted to the City an Annual Report
for (� (the "Annual Report"), and on October 19, 2015, the City Council adopted Resolution
No. 14025 approving the Annual Report, indicating the Council's intention to levy assessments,
and setting a public hearing thereon for November 2, 2015; and
WHEREAS, pursuant to Streets and Highways Code Section 36535, following the public
hearing, the City Council may adopt a resolution confirming the report as originally filed or as
changed by it, and the adoption of the resolution shall constitute the levy of an assessment for the
year referred to in the report; and
WHEREAS, the City Council held the required public hearing on November 2, 2015 to
receive testimony concerning the Annual Report and the proposed levy of assessments for
calendar year 2016 described therein;
NOW, THEREFORE, BE IT RESOLVED that based upon the staff report, the Annual
Report and the facts and documents referred to therein, and the evidence adduced at the public
hearing, 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 for 110 0 o, as filed, and approves and
confirms the levy of assessments described therein for the 2016 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 2nd of November, 2015, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER BEIRNE, City Clerk
Downtown San Rafael in the 21 st Century:
What is it? And what will it become as our
economy evolves and brick and mortar retailing
becomes more about the experience than
access to product? Is it a destination for arts and
entertainment? How does our downtown retain
its role as the central public gathering place for
our community? Is downtown relevant to the next
generation of residents? How do we communicate
our strengths, our history, our values to our
residents and visitors passing through?
In essence, these are the questions the Downtown
Business Improvement District wrestles with in
our effort to promote a vibrant downtown. Our
mission - to promote the common interests of our
business owners - by and large, can be distilled to
one singular goal: bring more people downtown.
How do we do this? What resonates authentically
with our community?
Distill this idea further and one lands right into
the heart of our efforts: make it attractive, easily
accessible and, above all, a desirable place to spend
time. All the while, do our best to promote our
assets.
As we head into 2016, it is clear that our success
depends largely on leveraging our limited capacity in
addressing the most pertinent issues. Working with
the city and collaborating with partner organizations
is critical. We encourage our members to be an
active part of this effort.
Tom Santamorena
President
BID Accomplishments 2015
Organization
Purpose: To promote BID to stakeholders and the community,
and to ensure that organizational foundation is strong and
financial management is prudent.
Monthly happy hours are held every third Thursday,
providing opportunity for BID members to connect. Each
mixer has attracted different BID members and attendance is
growing.
Regular e -newsletters and announcements keep BID members
informed about BID activities and downtown news. Printed
quarterly'digests'are distributed to
many ground -floor tenants.
BID continues to collaborate with
downtown stakeholders and community
partners. Participating in mixers with the
San Rafael Chamber of Commerce and
Renaissance Center.
Economic Development
Purpose: To strengthen retail and
business environment and advocate
on ordinances and policies that affect
downtown businesses.
Parking Sub Committee: To promote
parking as an economic development
tool that supports the downtown
business economy, and to improve user
experience.
Worked with parking services
to create a'let us help you avoid
parking ticket' information piece to
communicate other convenient and
cost-effective parking options while
visiting downtown.
In response to member requests,
advocated for expanding parking
limits at Fourth Street meters. City
extended parking meters in lot at
1515 Fourth Street to four hours,
deferring further consideration
to conclusion of comprehensive
parking study being carried out
summer/fall 2015.
• Worked with parking services to relocate 60 downtown
employees from the former PG&E lot leased to the BID. At
BID request, 10 all -day permit parking spaces were added
at 5th and C street, and 20 spaces were added to upper
deck of Lootens and Third.
• Marketing: The BID's downtown parking webpage is the
third most common landing page on our website, and is
the number one hit for google searches for downtown
parking information in San Rafael.
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"lM r puuflimmg businesses and rudiridiads
generously sponsored today's lunch
Yet Wah
James Rose Salon
Brewer Phillips Hair Design
Marelli Brothers Shoe Repair
Rotary Club of Marin Evening
Bangkok Thai Express
Fourth Street Press
Cory Bytof
Greg & Linda Gener
Vin Antico
City of San Rafael - Economic Development Staff
Art Works Downtown
Don Magdanz
Katherine K. Powers
Raffles Fans
Barbara Lawrence
Dharma Trading Company
Tracy O Schmidt, Ph.D., Clinical Psychologist
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Safety Sub Committee: To facilitate
ongoing communication between
members and SRPD and to work with
City and community partners to reduce
or eliminate issues that affect the overall
hospitality of our downtown.
Advocated in support of City's
effort toward closure of illicit businesses
using cover of massage establishments.
Sent letters to property owners of tenants
that were cited for multiple violations,
requesting discontinuation of leases.
Listened to concerns of our members
who are licensed massage therapists and
advocated for code enforcement to be
the primary tool used to weed out illegal
behavior.
Hosted a BID member-sponsorsed
lunch for Downtown Streets Team (DST)
members at Yet Wah and raised money
from BID members for team, contributing
a total of $1750 to DST in 2015.
Business Retention/ Recruitment:
Collaborated with the Center for
Independent Living, the City of San
Rafael, and the Chamber of Commerce to
present'Creating Access for All - Not Just
Goodwill, It's Good Business'workshop
for businesses and property brokers.
Participated and promoted to members
the Access to Capital' event presented by
the Small Business Development Center,
Renaissance Center, and Chamber of
Commerce.
In November 2014, BID requested 1 1 �OV Shop Retail Recruitment: Contributed funding
elif requirementfor
o I laluullul
to retail recruitment study, in partnership
validation tickets during holiday will, with City's economic development
parking, standardizing free three-
department. Worked on initial phase of
hour parking in all lots and garages
retail recruitment strategy, inviting BID
during December. This created a clearer message to members to participate on steering committee. Project is in
promote holiday shopping in downtown. progress.
Design
Purpose: To enhance the
attractiveness of the business district,
with a focus on physical image and
perception that it is clean, safe, and
welcoming.
Requested increased frequency
of sidewalk cleaning by City
at heavily trafficked
locations. City added B
Sreet to quarterly steam
cleaning contract. BID
continues to explore
options and feasability
for supplementing City's
quarterly sidewalk cleaning.
Facilitated meeting with B
Sreet businesses to support
efforts to encourage
property owner of lot at
B and Second Street to
address safety concerns,
issues of loitering and
trash dumping. Efforts are
continuing.
• Requested increased street
lighting on B street. City
replaced lamp post lights with
high output LEDs.
• 2014 holiday window
decorating competition
delivered a cheerier holiday
streetscape with 26 businesses
participating.
Worked with City on
development of guidelines
for pilot parklet project, for
the purpose of increasing
pedestrian friendly/bike
friendly district. Outcome is
the city's new outdoor dining
program. Currently four BID
members exploring adding
dining parklets to street.
Marketing &
Downtown San Rafael Website: Since
January, website has attracted over
16,000 visitors, 80 percent of whom
are new. Site is averaging over 1800
new visitors each month. 51 percent
of visitors land on our site through
organic searches from Google, Yahoo,
and Bing. Top three landing pages are
business directory, events pages, and
downtown parking page. Members
are encouraged to customize
their business listings for greater
visibility and post events, sales, and
their own news.
9
What's Happening
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Established Facebook social media
campaign to promote downtown
businesses and events with daily
posts. Engagement has increased
160% with nearly 1100 followers to
date.
Offer co-op ads discounted
advertising rates for members in SF
Chronicle. Savings for those who have
advertised represent a 100% return
on BID member assessment fee.
Events:
The BID promotes Second Friday's
Art Walk, and added live music
on the plaza during June, July, and
August.
In July, the BID supported San
Rafael Rocks, a multi -day, multi -
venue fundraiser for Drawbridge,
partnering in a street festival
featuring the Rock Poster Artists
Society and local bands. The event
attracted over 3000 rock poster art
and music fans from around the bay
area into downtown.
In August, the BID partnered with
® Marin Open Studios on a Plein-
Promotions
Purpose: To promote positive assets of our downtown
through strategic marketing to encourage customer traffic
and to produce special events designed to attract our
community and promote existing assets such as shopping,
professional services, dining, arts, and entertainment.
Air Paint Out called'Downtown
s
in HI'll.Artists In Action: Forty artists took
to the streets and competed for
prizes. A gallery show of completed
works at Art Works Downtown
provided additional promotion of
Downtown's beauty and iconic scenes.
In September, 35 downtown businesses welcomed several
hundred attendees in the Indian Summer Stroll. Feedback
from BID members and attendees was overwhelmingly
positive, while funds were raised for San Rafael Fire Department
through the San Rafael Fire Foundation.
Downtown San Rafael BID 2016 Work Plan
201 S/16 Board of Directors
Marketing and Promotions
Economic Development
• Parking: Host quarterly meetings to address issues
affecting patron and employee parking. Work with City
to ensure BID member interests are represented in any
parking policy modifications generated by outcome of
2015/16 parking study
• Safety: Continue to support City efforts on issues of
crime, code enforcement, and mitigation of nuisance
behavior that negatively impact downtown business.
• Support the Downtown Streets Team and explore
opportunities to expand their role in downtown,
through services such as enhanced sidewalk cleaning,
graffiti removal and ambassador roles.
Support City's retail recruitment strategy through
promotion of downtown and serve as a resource for
prospective tenants.
Design
• Lead effort to pursue a private/public partnership
in beautification of streetscape, towards goal of a
demonstration block or area by end of 2016.
• Support implementation of City's pilot parklet/outside
dining program, participating in design review process
of proposed projects.
Organization
• Legal compliance: Review by-laws, hold annual
election, and annual member meeting.
• Build member engagement through routine
communications and monthly mixers.
016 Budget
2015 BID Fund Balance -
Carry Over $ 55278
2015 Revenues
BID Assessments $83,000
Allocated from 2015
CARRYOVER $20,000
Event Income $8,000
Total Operating Budget Revenues
President:
Directors:
• Host branding/visioning project to tap into Bay
Tom Santamorena
Craig Blum
Area creativity, with goal of generating branding
Minto & Wilkie
Johnny Doughnuts
of downtown that is authentic, fresh, and adopted
Marketing/promo
through a community-based effort.
Vice President:
Andrew Hening
• Promote downtown and BID member businesses
Terri Abelar
Downtown Streets Team
through social media/online marketing and local
Aging Solutions
media.
$30,000
Kyle Hixon
• Collaborate and cross promote downtown arts
Secretary:
Fenix
organizations & entertainment as'core' assets.
Matt Haulk
Ragghianti Freitas LLP
Rick Lewis
• Improve BID website and establish as premier resource
Gold Rush Jewelers
for community on downtown businesses and events.
Treasurer:
• Produce one signature event in 2016 that celebrates
Elvis Johnson
Advisory Board:
and promotes our downtown.
Red Hill Pets
John Godsey
• Support events produced independently by BID
($4,000)
Fourth Street Press
members and outside producers through grants,
($2,500)
promotion and marketing.
($1,500)
Economic Development
• Parking: Host quarterly meetings to address issues
affecting patron and employee parking. Work with City
to ensure BID member interests are represented in any
parking policy modifications generated by outcome of
2015/16 parking study
• Safety: Continue to support City efforts on issues of
crime, code enforcement, and mitigation of nuisance
behavior that negatively impact downtown business.
• Support the Downtown Streets Team and explore
opportunities to expand their role in downtown,
through services such as enhanced sidewalk cleaning,
graffiti removal and ambassador roles.
Support City's retail recruitment strategy through
promotion of downtown and serve as a resource for
prospective tenants.
Design
• Lead effort to pursue a private/public partnership
in beautification of streetscape, towards goal of a
demonstration block or area by end of 2016.
• Support implementation of City's pilot parklet/outside
dining program, participating in design review process
of proposed projects.
Organization
• Legal compliance: Review by-laws, hold annual
election, and annual member meeting.
• Build member engagement through routine
communications and monthly mixers.
016 Budget
2015 BID Fund Balance -
Carry Over $ 55278
2015 Revenues
BID Assessments $83,000
Allocated from 2015
CARRYOVER $20,000
Event Income $8,000
Total Operating Budget Revenues
$111,000 $131,001
Program Expenses
I
Events
Events
($10,000) ($10,000)
Member
Marketing/promo
communications
$3,000
Marketing
$8,000
website/media
$2,000
marketing coordinator
$30,000
TOTAL MARKETING &
Promotions
$43,000 ($43,000)
Operating Expenses
staff
($44,000)
Payroll taxes & admin
($5,000)
Office rent
$0
Insurance
($4,000)
tele/supplies/office
($2,500)
profess/accounting
($1,500)
Board
development/meetings ($1,000)
Total Operating
Subtotal ($58,000) ($58,000)
Total Expenses ($111,000)
Net Profit/loss $0
Projected Year end
reserves $35,278
m
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EXHIBIT B
2015/16 Downtown San Rafael Business Improvement District Board of Directors
Tom Santamorena - President (Minto & Wilkie)
Terri Abelar—Vice President (Aging Solutions)
Matt Haulk - Secretary (Ragghianti Freitas Law Offices)
Elvis Johnson —Treasurer (Red Hill Pets)
Craig Blum — (Johnny Doughnuts)
Andrew Hening — (Downtown Streets Team)
Kyle Hixon — (Fenix)
Rick Lewis — (Gold Rush Jewelers)
John Godsey—Advisory Member (Fourth Street Press)
San Rafael Downtown BID Budget
2015 Beginning Fund Balance
Revenues
2015 Programs
$55,278'
BID Assessments
Marketing & Promotions
Event Income
Estimate Year
Target Grant
Year 2016
Allocated from 2014 Carryover
2016 Programs
advertising income
$83,000
Lindaro Parking lot
Total Operating
$13,000
Income
$8,000
Expenses
Allocated from 2015 Carryover
Events
may madness
I ($38,500)
Second Fridays
$4,000
litquake
($1,700)
Artists in Action
Retail recruitment
wine stroll
$139,770
SR Rocks
I $111,000
trick or treat
($44,000)
Target funded event coord.
EXHIBIT B
$81,436Projected
2016 Beginning Fund Balance
$55,278'
Year 2015
Marketing & Promotions
Advertising/Marketing
Estimate Year
Advertising/Marketing
Year 2016
End
2016 Programs
Proposed Budget
$83,000
BID Assessments
$83,000
$13,000
Event Income
$8,000
$17,000
Allocated from 2015 Carryover
$20,000
$20,000
I ($38,500)
Marketing/Promotions
$4,000
Downtown Streets team
($1,700)
$2,770
Retail recruitment
consultant contribution
$139,770
I $111,000
($3,000)Events
($750)
($2,000)
($417)
($11,995)
($7,566)
($1,000)
($5,000)
Events
($31,728)
Events
Marketing & Promotions
Advertising/Marketing
($12,000)
Advertising/Marketing
Website
($1,500)
Website
BID Member Communication
($3,000)
BID Member Communication
11 Marketing/Communic Coordinator
($22,000)
Marketing/Communications Coordinator
Marketing & Promotions
I ($38,500)
Marketing/Promotions
Streetscape & Safety
Downtown Streets team
($1,700)
Retail recruitment
consultant contribution
($7,000)
Operating Expenses
Staffing
($44,000)
Staffing
payroll taxes & admin
($5,000)
payroll taxes & admin
office rent
($6,000)
office rent
Insurance
($4,500)
Insurance
tele/supplies/office
($3,000)
tele/supplies/office
profess/accounting/banking
($3,000)
profess/accounting/ban king
meeting/travel exp
($1,500)
meeting/travel exp
Operating Expenses Subtotal
I ($67,000)
Operating Expenses Subtotal
Total Expenses
($145,928)
Net Profit/loss
($6,158)
Projected 2015 Ending Fund Balance/Carryover to 2016
$55,278
Projected 2016 Ending Fund Balance
$10,000
($10,000)
($8,000)
($2,000)
($3,000)
($30,000)
($43,000)
($44,000)
($5,000)
$0
($4,000)
($2,500)
($1,500)
($1,000)
($58,000)
($111,000)
$0
$35,278
2016 BID Assessment Formula
Type of Business
Retail on the Ground Floor, Restaurant, Personal Services on
the Ground Floor
Retail on the Ground Floor, Restaurant, Personal Services on
Ground Floor 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
Exhibit C
Annual Assessment
Standard Premium
$175 $225
$150 $175
$75 $100
$25
$50
$50
$50
$375
$425
ATTACHMENT 2
RESOLUTION NO. 14025
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ACCEPTING THE ANNUAL
REPORT OF THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT
DISTRICT, DECLARING THE COUNCIL'S INTENTION TO LEVY AN ANNUAL
ASSESSMENT FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT
DISTRICT, AND SETTING TILE PUBLIC HEARING FOR NOVEMBER 2, 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 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 Area instituted in
1979 in the commercial area on and around the Fourth Street corridor in San Rafael, the
boundaries of which BID, including the premium benefit zone and the standard benefit zone
therein, are set forth in the map attached hereto as Exhibit A, incorporated herein by reference, a
copy of which is on file with the City Clerk; and
WHEREAS, pursuant to San Rafael Municipal Code Chapter 10.09 and the California
Streets and Highways Code Section 36533, the Board of Directors of the BID has prepared an
annual report attached hereto as Exhibit B, a copy of which is on file with the City Clerk, in
which assessments are proposed to be levied in the BID for calendar year 2016;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
Section 1. The City Council accepts the BID annual report for 2016 attached as Exhibit
B, and declares its intention to levy an annual benefit assessment on businesses in the BID as
shown on Exhibit A, to pay for selected improvements and activities of the BID as described in
Exhibit B.
Section 2. The types of improvements and activities proposed to be funded by the levy of
assessments on businesses in the BID are described in Exhibit B.
Section 3. The method and the basis for levying the benefit assessment on businesses within the
BID are set forth in Exhibit C attached hereto and incorporated herein by reference.
Section 4. All funds of the BID shall be expended on improvements and activities within
the BID.
Section 5. New businesses shall not be exempt from payment of the assessment.
Section 6. A public hearing to levy the BID assessment shall be held before the City
Council on November 2, 2015, at 7 p.m. in the Council Chambers, 1400 Fifth Avenue, San
Rafael, California. At the public bearing the testimony of all interested persons, for or against
the levy of the BID assessment or of any of the matters included in the assessment, will be heard
and all protests collected.
Section 7. 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 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.
Section 8. If at the conclusion of the public hearing on November 2, 2015 there is a
record of 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 BED 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 a specific assessment amount, adjustments may be made to the amendment proposal.
Section 9. 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 10. The City Clerk is directed to give notice of said public hearing by publishing
the notice 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, 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 19th day of October, 2015, by the
following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
,"02-1�- -- 49Pic-e ,
ESTHER C. BEIRNE, City Clerk