HomeMy WebLinkAboutResolution 2010-023 N.C.S. 02/22/2010Resolution No. 2010-023 N.C.S.
of the City of Petaluma, California
ESTABLISHING THE LEVY FOR THE 2010 ANNUAL ASSESSIVIENT FOR THE
DOWNTOWN PETALUMA BUSINESS IIVIPROVEIVIENT DISTRICT
WHEREAS, on November 20, 2000, in accordance with California Streets and
Highways Code Section 36500 et seq. ("the Act"), the Petaluma City Council adopted Ordinance
2.104 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 maybe 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
Resolution No. 2010-023 N.C.S. Page 1
annual report and budget for review and approval prior to the City Council consideration of
levying a benefit assessment for the following fiscal year; and,
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 may be 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 tiled with the City 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.
Resolution No. 2010-023 N.C.S. Page 2
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
WHEREAS, in accordance with California Streets and Highways Code Section 36533,
the City Council has reviewed and approved the 2010 DPBID Annual Report and Budget
submitted by the DPBID Board of Directors at the .regularly scheduled and duly noticed January
25, 2010 City Council meeting; and,
WHEREAS, in accordance with California Government Code Section 36534, at the
regularly scheduled and duly noticed January 25, 2010 City Council meeting, the City Council
adopted a Resolution of Intention to levy the 2010 annual assessment for the DPBID; and,
WIFIEREAS, the Resolution of Intention was published in a newspaper of general
circulation in the City at least seven (7) days prior to the hearing; and,
W>FIEREAS, the 2010 DPBID Annual Report proposes no changes in the boundaries,
method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID
2010 Budget establishes the following budgetary priorities with estimated revenues and
expenditures:
20% Beautification $12,000
30% Marketing $18,000
10% Administration $ 6,000
40% Security $24,000
Total $60,000
Resolution No. 2010-023 N.C.S. Page 3
WHEREAS, the 2010 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 2010 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 2010 fiscal year; and,
WIFIEREAS, in accordance with the California Streets and Highways Code Section
36524, on February 22, 2010, the City Council held the public hearing on the 2010 DPBID
annual levy 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 February 22, 2010, 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 owners of the businesses in the DPBID area that will pay 50 percent or more
of the proposed annual assessment.
NOW, TI~EREFORE, BE IT RESOLVED that the Petaluma City Council hereby
levies the assessment described in the DPBID Annual Report and Budget for Fiscal Year 2010,
which is attached and made a part of this Resolution as Exhibit 1, to pay .for improvements and
activities within the DPBID in accordance with Chapter 6.04 of the Petaluma Municipal Code
and Act.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App o as to
Council of the City of Petaluma at a Regular meeting on the 151 day of February, rm:
2010, by the following vote:
AYES: Barrett, Vice Mayor Glass, Harris, Rabbiu, Mayor Torliatt
NOES:
ABSENT:
ABSTAIN
ATTEST:
City
Resolution No. 2010-023 N.C.S. Page 4
Exhibit 1 to Resolution 2010-023 N.C.S.
Downtown Petaluma Business Improvement District
FY 2010 Annual Report
1. Changes in Boundaries: None are proposed.
2. Changes in the Basis or Method of Assessment: None are proposed.
3. Changes in Classification of Businesses: None are proposed.
4. Improvements/Activities to be Undertaken & Related Budget: As
below.
5. Surplus/Deficit Carried Over from Prior Year: None
b. Contributions from Other Sources: None
Downtown Petaluma Business Improvement District
2010 Budaet Allocations
® 20% Beautification $12,000
30% Marketing $18,000
m 10% Administration $ 6,000
40% Security 24 000
Total: $60,000
proposed in the budget
Beautification - 20% - A volunteer committee meets to consider requests for investing in
beautification projects downtown.
Marketing - 30% -These funds are used to supplement additional funds paid by individual
merchants for the combined marketing efforts to create public awareness of events occurring in
the downtown, i.e. Sidewalk Sale, Trick-or-Treat Trail, and other downtown events such as those
listed under "administration." PDA develops joint marketing agreements with the merchants
using these funds and utilizes the combined buying power of the PDA and merchant community
to obtain favorable prices for advertising that would not ordinarily be available to the individual
merchant.
Administration - 10% -Collected funds go to the day-to-day operations of the PDA office. Cost
centers include rent, salary expense, and event coordination (implementation of downtown
events like Butter and Egg Days, Antique Faires (2), Art and Garden Festival, etc.).
Security - 40% -The PDA contracts for coverage of the general downtown area to be
performed on a regular nightly schedule. (The administration of this contract is not to be
confused with a separate contract not paid for with BID funds for the Keller Street Garage..)
Resolution No. 2010-023 N.C.S. Page 5
Types of Businesses Assessed
o Retail Restaurant and Antique Collectives: Businesses that buy and resell goods or comestibles.
Examples are clothing stores, shoe stores, office supplies and antiques shops as well as businesses
that sell prepared foods and drinks.
® .Service Businesses: Businesses that sell services. Examples are beauty and barbershops, repair
shops, most automotive-orientated businesses, entertainment businesses such as theaters, etc.
® Lod in :Includes renting rooms by the day or week to community visitors.
a Professional Businesses: Includes: Architects, Engineers, Attorneys, Dentists, Doctors,
Accountants, Optometrists, Realtors, Insurance Offices, Mortgage Brokers and most other
businesses that require advanced and /or specialized licenses and/or advanced academic
degrees.
® Financial Institutions: Includes Banking, Savings, Loan and Credit Unions.
Assessment by Type of Business Within Zones
ZONE A ZONE B ZONE C
Restaurants and
Retailers (1-3 Employees) $150 $100 $50
(4-6 Employees) $250 $166 $83
(7+ Employees) $350 $232 $1 16
Antique (1-3 Dealers) $150 $100 $50
Collectives (4-6 Dealers) $250 $166 $83
j7+ Dealers) $350 $232 $116
Service (1-3 Emp/Operators) $100 $75 $50
Businesses (4-b Emp/Operators) $200 $150 $100
(7+ Emp/Operators) $300 $225 $150
Professional $125 $82 $41
Businesses
Financial $500 $500 $500
Institutions
Lodging (1-10 Rooms) $150 $150 $150
(1 1-25 Rooms) $250 $250 $250
(26+ Rooms) $350 $350 $350
Note: Retail, restaurant and service businesses will be charged on size which will be
determined by number of employees, either full-time or the equivalent made up of
multiples of part-time employees while Antique Collectives will be charged by number of
business licenses active within one location.
Resolution No. 2010-023 N.C.S. Page 6