HomeMy WebLinkAboutResolution 2004-081 N.C.S. 05/17/2004 resolution No.2004-0~1 N.C.S.
of the City of Petaluma, California
CONFIRMING THE 2004
DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORT AND RELATED BUDGET
AND ESTABLISHING THE LEVY FOR THE
2004 ANNUAL ASSESSMENT FOR THE DISTRICT
WHEREAS, in November 20, 2000, in accordance with California Streets and Highways
Code Section 36500 et seq. ("the Act"), the Petaluma City Council adopted Ordinance 2104
N.C.S., later codified as Chapter 6.04 of the Petaluma Municipal Code, establishing the
Downtown Petaluma Business. Improvement District ("DPBID"), within the area described in
Exhibit 1, which is attached to and made a part of this resolution; and,
WHEREAS, Section 6.04.050 of the Petaluma Municipal Code lists the types of
improvements and activities that may be funded by the levy of assessments on businesses within
the DPBID as follows:
A. The acquisition, construction, installation or maintenance of any tangible property
with an estimated useful life of five years or more including, but not limited to,
the following improvements:
1. Benches
2. Trash receptacles
3. Decorations
4. Facade improvements
5. Permanent landscaping
B. Activities including but not limited to the following:
1. Promotion of public events which benefit businesses in the area and which
take place on or in public places within the area.
2. Furnishing of music in any public place in the area.
3. Activities which benefit businesses located and operating in the area,
including but not limited to, commercial shopping and promotional
programs; and
WHEREAS, under section 6.04.100 of the Petaluma Municipal. Code, the Board of
Directors established to govern the affairs of the DPBID must present the City Council with an
annual report and budget for review and approval prior to City Council consideration of levying
a benefit assessment for the following fiscal year; and,
Resolution No. 2004-081 N.C.S.
WHEREAS, the requirements of Petaluma Municipal Code Section 6.04.100 are in
accordance with the Act, which establishes annual procedures governing the levy of assessments
pursuant to the Act, including preparation of an annual report, adoption of a resolution of intent
giving notice of a public hearing at which written and oral protests maybe made concerning levy
of an annual assessment, and adoption of a resolution approving the annual report and levying
the .assessment; and,
WHEREAS, Section 36535 of the Act provides that public hearings on levy of annual
assessments pursuant to the Act must be conducted in accordance with Sections 36524 and
36525 of the Act, which provide as follows:
A. The City Council shall hear and consider all protests against the
establishment of the area, the extent of the area, or the furnishing of
specified types of improvements or activities within the area. A protest
may be made orally or in writing by any interested person. Any protest
pertaining to the regularity or sufficiency of the proceedings shall be in
writing and shall clearly set forth the irregularity or defect to which the
objection is made.
B. Every written protest shall be filed with the Clerk at or before the time
fixed for the public hearing. The City Council may waive any irregularity
in the form. or content of any written protest and at the public hearing may
correct minor defects in the proceedings. A written protest may be
withdrawn in writing at any time before the conclusion of the public
hearing.
C. Each written protest shall contain a description of the business in which
the person subscribing the protest is interested sufficient to identify the
business and, if a person subscribing is not shown on the official records
of the City as the owner of the business, the protest shall contain or be
accompanied by written evidence that the person subscribing is the owner
of the business. A written protest which does not comply with this section
shall not be counted in determining a majority protest.
D. If written protests are received from the owners of businesses in the
proposed area which will pay 50 percent or more of the assessments
proposed to be levied and protests are not withdrawn so as to reduce the
protests to less than that 50 percent, no further proceedings to create the
specified parking and business improvement area or to levy the proposed
assessment, as contained in the resolution of intention, shall be taken for a
period of one year from the date of the finding of a majority protest by the
City Council.
E. If the majority protest is only against the furnishing of a specified type or
types of improvement or activity within the area, those types of
improvements or activities shall be eliminated; and
Resolution 2004-081 N.C.S. Page 2
WHEREAS, in accordance with California Streets and Highways Code Section 36533,
the City Council has reviewed and preliminarily approved the 2004 DPBID Annual Report and
Budget submitted by the DPBID Board of Directors at the regularly scheduled and duly noticed
April 19, 2004 City Council meeting; and,
WHEREAS, in accordance with California Government Code Section 36534, at the
regularly scheduled and duly noticed April 19, 2004 City Council meeting, the City Council
adopted a resolution of intention to levy the 2004 annual assessment for the DPBID, set a public
hearing on the annual levy for May 3, 2004, and directed the City Clerk to publish a copy of the
resolution of intention in a newspaper of general circulation. in the City at least 7 days prior to the,
hearing; and,
WHERAS, published notice of the hearing on the annual levy was given in accordance
with California Government Code Section 36534 and the resolution of intention adopted April
19, 2004; and,
WHEREAS, the 2004 DPBID Annual Report proposes no changes in the boundaries,
method of assessment, or rate of assessment related to the DPBID; and,
WHEREAS, the PDBID 2004 Budget establishes the following. budgetary priorities with
estimated revenues and expenditures, as specified in the 2004 PDBID Annual Report:
¦ 32% Beautification $23,040
¦ 32% Marketing $23,040
¦ 20% Administration $14,400
¦ 16% Security $11,520
Total: $72,000
WHEREAS, the 2004 Annual Report of the DPBID is on file at the City Clerk's Office
for public review and contains a full and detailed description of the DPBID improvements and
activities to be provided for the 2004 fiscal year, the boundaries of the DPBID and any benefit
zones within the DPBID, and the proposed assessments to be levied on businesses in the DPBID
for the 2004 Fiscal Year; and,
WHEREAS, in accordance with California Streets and Highways Code Section 36524,
on May 3, 2004, the City Council opened the public hearing on the 2004 DPBID annual levy and
continued the hearing until May 17, 2004 and heard and considered all protests against the
annual levy, the DPBID area, the extent of the area, or the furnishing of specified types of
improvements or activities within the area; and,
WHEREAS, in accordance with California Streets and Highways Code Section 36525,
following the public hearing on May 17, 2004, all written protests received and not withdrawn
were tallied and the City Council determined that written protests concerning the assessment, or
particular improvements or activities to be funded by the assessment, were not received from the
Resolution 2004-081 N.C.S. Page 3
r r
owners of businesses in the DPBID area that will pay 50 percent or more of the proposed annual
assessment.
NOW, TIIEREFORE, BE IT RESOLVED by the Petaluma City Council as follows:
1. The above recitals are true and correct and hereby declared to be findings of the
Petahima City Council.
2. The Downtown Petaluma Business Improvement District ("DPBID") 2004
Annual Report and related budget, which is attached to and made a part of this
resolution as Exhibit 2, is hereby confirmed and approved.
3. The billing improvements recommended in the staff report are hereby approved.
4. The Petaluma City Council hereby levies the assessment described in the DPBID
Annual Report and Budget for Fiscal Year 2004 to pay for improvements and
.activities within the DPBID in accordance with Chapter 6.04 of the Petaluma
Municipal Code and the Act.
Under the power and authority conferred upon this Council by the Charter of said City.
REF>?RENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting ~~~-`f m
on the .........1.7.`.h........,.. day of May 20.44., by the
following vote:
~ity Attorney
AYES: Mayor Glass, Harris, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
NOES: None
ABSENT: None RECUSED: Healy
ATTEST:
City Cl rk Mayor
Council File
Res. No.......2.004-pg.}.........N.C.S.