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HomeMy WebLinkAboutCC Resolution 13816 (BID Levy Assessment)RESOLUTION NO. 13816 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DECLARING COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT AND AMEND SAN RAFAEL MUNICIPAL CODE CHAPTER 10.09 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 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. 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 Business Improvement District shall prepare an annual report for each calendar year in which assessments are to be levied which the City Council shall review. NOW THEREFORE 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. Section 5. 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 6. All funds of the BID shall be expended on improvements and activities within the BID. 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 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 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 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 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 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 a specific assessment amount, adjustments may be made to the amendment proposal. Section 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 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. 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: NOES: Councilmembers: ABSENT: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips None None ESTHER C. BEIRNE, City Clerk mi m MEEK -_A 2 I r; DOWNTOWN SAN RAFAEL September 28, 2014 Exhibit B 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 BUSINESS IMPROVEMENT DISTRICT 817 MISSION AVENUE - PO Box 1510505AH RAFAEL, CA 94901- 415-740-5591 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, t Kyle Hixon Interim Board President " San Rafael" - Isabel Hayes First Place, Banner An Compe6tion M S 'I'll 0 vli ii� lima I o irill a Down'town (121 g R Wow! It's been a whirWncl of a first year as president and it is rny hope that in these pages you wiH see how much we have done with very few resources, If there i� any one message to share �t is that the BID involvement. That can be iust a little all the way up to joining the board, but what matters is best to direct Our efforts. t4P7TrA1,qW,M, 17-731-7 7-7777� �w F" welfare of' downtown businesses. Our focus in this first year is ori building community with our membership and pusNng forward projects and events with the city 23 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, bty government, events, and frustrations shared by fellow business owners. is happening in my city. And I've learned that sometimes,, 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 forwarAfto ling-w!t1i you m the ilays-3tiead as w"Ne substance to our vision for a thriving downtown. An®reSrsn President "IJ �G, „n r � 9 a u .a t [ 0 1111-t Established monthly committee meetings for Parking, Social Issues (safety), Design (strtscap) and Everts, Initiated website ha new website. Anticipated communications.launch date- July through which to build Utilized electronic for enhanced member ` cardspost requesting email S a J Advocated for City to invest indowntown by removing l news racks, replacingl trash -cans, corner .e wells (where appearance.possible) to improve street work with City on downtown hard-scape Team to establish routes .; at", 5, M,� Conducted first-ever Downtown Street Banner Art Competition to foster community engagement indowntown. 33 designs wereStreet in July 2014. Secured city commitment to support a pilot parklet project on Fourth Street to enhance pedestrian ,,d increase on -street parking.progress.Partnering: ; Piloted Second Friday's 'ray events osupplementA;i! Works Downtown's 2nd Friday's Art Walk. Produced "Latin Flavors on Fourth;"'Feast on the Piazza,"' "Fallin Paris" (including an attention - 11 �, I. Harvest w i 7[Closed out year with "HolidayCheer"in December. Plans for grantFun Festival with Target Funds .7 icommitted to greater administrative y;p ConductedBID events. dSweetheart� Scavenger resulting Produced 2014 May Madness, Day weekend and introducing elements to connect with younger demographic. Event Downtown San Rafael BID Work Plan (June - Dec 201 4) Organization ' Social Issues I Marketing & Promotions tional foundation is strong and financial management is prudent Objective #1 ® Adhere to By -Laws Project #2 -Appoint Nominating Com- .nittee and elect 2014/15 board Project #3 - Update by-laws to reflect changes in BID in 2014 Project #1 - Create comprehensive Organization database Project #2 - Overhaul Websile Project #2 - Hold quarterly mixers & oappy hours Project #3 - Establish routine communication with members to �ncrease engagement including block Project #4- Introduce Townscluared forum to b0d community among BID members Project #1 - Establish committee to review BID fees, for equily/parity. Project #2 - Prepare for BID renewal �n September, Project #3 - Identify supp�emental funding opportunities for 2015 NEW 1 1 Parking and Transportation General Goal 2014. Ensure that down- lor empbyees and customers, Objective #1 iiii, Host monthly meeting ftmgwjsl��&'*i 4 �­ Pwww­p patron parking, Purpose� Advocate on issues of crime, code enforcement and negative social activities the direction of our members. 1T*TruU-fT171M7rJM116 and advocate on social issues that affect downtown 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 #11. Reach out to members to 1V11Vb11111tV1Lb, tau. NUI lVaIlL Purpose: Make sure downtown is clean, has aesthetic appeal and welcoming quali- ties. 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 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 WM.,PIQ�� WITI affect downtown bus�nesses. Project #2 -Create aclverfis�ng campaign for remainder of 2014 Project #3 - CoVaborate with Arts Organizations & Cross promote P"Cla-24-14 - *rGsa-4-ct-b7, aivew-:��Ig opportunities for merchants Project #5 - Introduce new website business directory to members to Purpose: Promote the downtown through San Rafael Project #1 ­ May Madness Project # 2 - West End Culture Cra Stroll & Savor- September Project # 4- LitlPoelry Crawl - -Fall Project #5 iihHalloween - Enhance Project #6 - Support Art Works lDOW o' town's Second Fridays Art Walk at . t1v Project #7 - West End Fun Fes ival u Project #8 - Small Business Saturda e ents. in downtown adenlify cross promotional opportunities.I Twilight Crilerium Italian Street Painting Blues, BB 611111mm"'041011111 W, wnr'A ['*,p4JJK"A mm Project #1 - Review employee and P p Objective #1 - Educate businesses on Project #1. Contribute $3,000 BID resick,mil park�ng options, make recom- ordinances, codes & best practices. reserves & Target Funds to City contract menclatiom,, and improve madkefing 31� for Retail RecriAlment Strategy.. 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 Exhibit B 2013 Year End Fund Balance $60,000 2014 Year End Fund Balance . . ...... ......... $59,372 ... ... . ........ -,""I'll" ....... ... ... . .... ... ... ... ... .... ... . . ... .. ..... ....... ... ... ... ... ... . Year 2014 Year 2015 Revenues 2014 Programs Estimated Year End 2015 Programs Proposed Budget . ... ... ... .. .... .......... .................. . ,BID Assessments $78!995 BID Assessments $80,000 .. ......... . ... . . ... .... . ......... .. . ... ... ... . .... --,""I'll" .. ... ...... Linclaro Parking Lot ................... ... $27,094 .. ... ... ... .... .............. ... .... .. ...... ... .. . ... ... ... . I .... ... ... .......... ......... ...... ... . ...... Event Income $5,000 *May Madness Income ....... .... ... ... .... ............ ... .. ...... ... .... ....... . .... . . . . . . ..... ... ... ... . ... ...... ....................... ........ ... . .. ... ....... ... ... ... ... ... . .. . ..... $25,824 ...................... Target Grant (see note below)* $15,000 .. ... ... ... . ... Target Grant - May Madness ............. ............. ....... ... ... ....... ... ....... ... ... ... ... ..... $10,000 .. ............ .. ... ... ... .............. ...... ................ coop advertising $1;000 . . ............... . . .......... ....... ... ... ....... ... ... ... . . . ...... ... . Other Event income . ... ... ... ... ... ... ....... $5,106 ................ ... ... ... ... ... ..... .... ..... .. .. . .. .... ... .... .......... ... ... ... ... .. ... .......... Target Grant- Event Coor . ... ... ... ... .. ....... ... ... ... ... ... ... ........... $10,000 .. . .. ....... ... ..... ... ... ... _......o _.o„ .. ...... . ..... . ........ ... .. _111111111111111 ... ... ... ... ... ... .. Target Grant - Retail Recruit $7,000 ............... ... ... ... ... .. ..... ... .... Total Operating Income $16.5,019 $100,0001 Expenses Events May Madness ($33,675) .. ....... . Events (tbd) -11,11,111,111, ..... ... ... ........ ... .. .. ... .... .. .. Trick or Treat _... . .......... ........ .... ................ ... ... ... .... __11111111 ($1,000) .. ............. -',""I'll" . ... ..... ... ... ... ....... ....... ........... Event Coordinator* .. ............ .. ... ... ... .............. ...... ................ I other events ..... . . ($1,133) .. ... ... ... ... . .. .... ......... . .1..111., ..... ................... ... ... ........... ............. . .. . . ..... Culture Crawl ... ... ... ... . _1111111-111 ($600) .. ... .......... .......... ..... ........... ... ... ... ....... . .... . ... ­­­­­ ....... Lit Crawl ... ... ... ... ... .. . ................ ...... ......... . .......1111.., ...... ... .. .. ($1,500) . ..,..,.........._....,,.o-,"", . . . .. ... ... ... ... ... Food & Wine Event ... . . ........ ..... .. . ... ($5,000) .. ...... ... _­­­ . . . . .... .... ... Event Coordinator ... .. .... ... ... .. .. .. .. .. ...... ............. _'­ . .. ........... ... . ($15,000) ... . . ..... ... lEvents subtotal ($57,908)j Marketing & Promotions . ... ... ... ... .. . ............... ........ Advertising --,""I'll, .. ... .... ... ..... .. ... ... ........ ..... ......... . ......... . . .... .... .......... ... ($7,780) . . . ........ ... Advertising/Marketing Website Revision . ... ... ...... ... .. ....... .. ... ($4,085) ... . .. ....... .. Website Maintenance . .... . .. ... ... ...... ... ... ... ... ... ... ... ......... Directories/marketing ............... ...................................__­­,_............... ..... .... ... ......... . ....... . ($1,000) .... ... ... ... ... ... BID Member Communication .. .... .. .. .. .. . . . 'Member comm/mixers .... . .... ($5,728) .... ....... . ....... . ... --,""I'll" . ... ... ... ... ... IMarketing & Promotions Subtotal ($18,593)� Streetscape & Safety ....... ... ... .. -,""I'll" . ........... Banner program ....... ...... ... . .. .... ..... .. ... ... ... . ($3,500) ..... ................... ... . ..... ... ... ... ... ... ....... ... Safety Initiatives (tbd) ,Parklet $0 . ... ... ....... ...... 1Streetscape & Safety Subtotal ($3,500)� IRetail Recruit ($10,000) 1 Operating Expenses Staffing . .... ....... . ..... . _ ..... .... ..... ... ... ... ... ... ... ... ...... .. ........ ($44,000) ...... . ..... . . ......... ..... ... ....... .... ... . ... ... ... ... ..... .... Staffing ..... ... ..... .. payroll taxes & admin ($4,268) payroll taxes & admin ... . .... ....... office rent -,""I'll" ._.o,..... ... ($6,000) ... ... ... ... .. office rent .. IIIII-1-111111--_ . .. ...... ... ... ... ... .. Insurance _1111 .. . ......... .... ($5,339) ..... . ....... . .... . 9nsurance tele/supplies/office .... ... ... ... ....... ... ... ....... ... .. ... ($3,127) . ... ... ... ... .. . ........ ...... . tele/supplies/office profess/accounting/banking I' .. .. .. .. .. .....­­""ll"..... ($5,017) profess/accounting/banking meeting/travel exp 1,395)m meeting/travel exp (s15,000) I ($1,500)1 1,500)1 ;44,000) ($5,000) ($6,000) ($4,500) ($3,000) ($2,500) 11 1 11 $ 1 5 11 0 1 0 1 *Target grant revenues along with matching event coordinator expenses are contingent upon being awarded a $15,000 2014 BID Assessment Formula (Current) Exhibit C Annual Assessment Type of Business Standard Premium �.... Retail Restaurant Personal Ser , , Services on the Ground Floor, $ �. ... 175 .. �.� $225 Financial Institution ... ... . Offices, Professional, PersonalServices, not on Ground Floor .... „ .. $150 .... $..175 Personal Sere Services Sole Practitioner ..�Pe��,.,.,. �.,_ _.. Non -Profit Organization and Fine Artists �nnn $50 ...� .... ...... $50 .............r,.�,.m .. 2015 BID Assessment Formula (Proposed) Annual Assessment .........................................................� ..Type...of...Bus' Business me 5........ Standard Premium Retail..... an the Ground Floor, Restaurant, Personal Services on .$ ..... �......... 175 $225 the Ground Floor Retail on the Ground Floor, Restaurant, Personal Services on,....,.�... $150 $175 Ground Floor with Less than $100,000 in Gross Receipts Offices, Professional, Personal Services, not on Ground Floor, $75 $100 Retail not on Ground Floor ' Perso Personal Services Sole Practitioner �� _....,.$25 $50 .�......�.. Non Profit Organization and Fine Artists $50 $50 Financial ....................� $375 $425