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
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=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
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,nLT. SpoNd Marks to the Mwortic Mckjunoit lymumm Rw thdr 1NOPM&C". CNJU0q. and L006ti)
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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.
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Comicil Contact Form
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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
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is being forwarded to each member of the City Council.
Council Cmitact Form
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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
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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