HomeMy WebLinkAboutOrdinance 1926 (Business Improvement District Amendment)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing:
ORDINANCE NO. 1926
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.09
"DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT"
is a true and correct copy of an Ordinance of said City, and was introduced ata REGULAR
meeting of the City Council of the City of San Rafael, held on the 3rd day of November, 2014; a
SUMMARY of Ordinance No. 1926 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 1 st day of December, 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
91h day of December 2014
/s/ Esther C. Beirne
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL 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 CIIAPTER 10.09
The San Rafael Municipal Code Chapter 10.09 Downtown San Rafael Business Improvement
District, is amended as follows:
Chapter 10.09 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
10.09.100 — 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 are 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").
10.09.040 - 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, 15, 14, 13, 12,
11, 10, 09, 08, 16, 05, 04, 17; 011-212-15, 14, 16, 11, 06, 05, 04, 03; 011-214-10; 011-215-01,
02, 04, 05; 011-216-01; 011-222-08, 05; 011-224-01, 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, 20, 26, 29, 30, 17, 31; 011-
263-20, 21, 02, 19, 04, 16, 22, 13, 11, 10, 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;
011-275-01, 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.
10.09.050 — Calculation of Assessments.
All businesses in the BID shall, commencing on January 1, 2015 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
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 $175
$75 $100
$25
$50
$50
$50
$375
$425
Assessments based upon `Gross Receipts' shall be based upon the previous year's
annualized gross receipts. An individual who has multiple business licenses in their name at a
single address shall only pay one assessment fee. No person or business shall be required to pay
an assessment for residential uses, residential businesses or home occupations. 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. PHI�,LIPS, Mayor
ATTEST:
G'•uzu-G
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No 1926 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, California, held on November 3, 2014 and ordered passed to
print by the following vote, to wit:
AYES:
Councilmembers:
Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
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 December 1, 2014.
ESTHER C. BEIRNE, City Clerk