HomeMy WebLinkAboutCC Resolution 13519 (BID Assessment)RESOLUTION NO. 13519
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
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 existing San Rafael Business Improvement District has requested the
City Council to amend the existing Parking and Business Improvements Area instituted in 1979
in the commercial area on and around Fourth Street in San Rafael.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
Section 1. 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 the existing "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 to 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.
Section 2. The boundaries of the entire area to be included in the BID, and the
boundaries of each separate benefit zone within the BID, are set forth in 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 3. The types of improvements and activities proposed to be funded by the levy of
assessments on business in the BID are in Exhibit B attached hereto and incorporated herein by
reference.
Section 4. 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 5. All funds of the BID shall be expended on improvements and activities within
the BID.
Section 6. 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 7. New businesses shall not be exempt from payment of the fee.
Section 8. A public meeting for the purpose of allowing public testimony on the proposal
to amend the BID shall be held before the City Council on May 6, 2013, 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
May 20, 2013, at 7 p.m. in the Council Chambers, 1400 Fifth Avenue, San Rafael, California.
At the public hearing the testimony of all interested persons, for or against the 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 amendment of the BID, or any aspect of the amendment
may be made orally or in writing. To be counted as a part of a majority protest against the
amendment 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 as to the regularity or sufficiency 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 businesses 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 a
specific assessment amount, adjustments may be made to the amendment proposal.
Section 12. Further information regarding the proposed Downtown San Rafael Business
Improvement District may be obtained from the Office of Economic Development at 1313 Fifth
Avenue, San Rafael, CA 94901; by telephone from the Office of Economic Development at 485-
3326; or email at SRdowntown a,citvofsanrafael.orR.
Section 13. The City Clerk is directed to give notice of said public hearing by causing
this Resolution of Intention to be published once in a newspaper of general circulation in the City
of San Rafael, at least seven days before the hearing; and by mailing a complete copy of this
Resolution of Intention to each business owner in the District within seven days of the adoption
of this Resolution by the City Council.
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 18th day of March, 2013, by the
following vote, to wit:
AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk
EXHIBITA
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EXHIBIT B
Downtown San Rafael Business Improvement District
Use of Assessment 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 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 within the BID.
EXHIBIT C
Downtown San Rafael Business Improvement District
Annual Assessment Formula
Annual Assessment
Type of Business Standard Premium
Retail, Restaurant, Personal Services, Financial Institutions $175 $225
Offices, Professionals $75 $100
Personal Services Sole Practitioner $50 $75
Non -Profit Organization $50 $50