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HomeMy WebLinkAboutResolution 2014-016 N.C.S. 1/27/2014 Resolution No. 2014-016 N.C.S. of the City of Petaluma, California APPROVING THE 2014 DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND RELATED BUDGET; DECLARING THE INTENTION TO LEVY THE 2014 ANNUAL ASSESSMENT FOR THE DISTRICT; AND SETTING A PUBLIC HEARING ON THE PROPOSED 2014 ANNUAL ASSESSMENT 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 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 I, 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 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, Resolution No. 2014-016 N.C.S. Page I 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 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. 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, the 2014 DPBID Annual Report proposes no changes in the boundaries, method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID 2014 Budget establishes the following budgetary priorities with estimated revenues and expenditures: 32% Security $20,800 28% Marketing $18,200 20% Beautification $13,000 20% Administration $13,000 Total: $65,000 WHEREAS, the 2014 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 2014 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 2014 fiscal year. Resolution No. 2014-016 N.C.S. Page 2 NOW, THEREFORE, BE IT RESOLVED that subject to California Streets and Highways Code Section 36500 et seq. (the "Act") and a public hearing to be held pursuant to the Act, the Petaluma City Council intends to levy the assessment described in the DPBID Annual Report and Budget for Fiscal Year 2014 to pay for improvements and activities within the DPBID which is attached and made a part of this Resolution as Exhibit 1 in accordance with Chapter 6.04 of the Petaluma Municipal Code and the Act. The City Council reviewed and approved the DPBID 2014 Annual Report and Budget at their January 27, 2014 Council meeting, at the Petaluma City Council Chambers, 11 English Street, Petaluma, CA. BE IT FURTHER RESOLVED that a public hearing will occur on February 24, 2014 at 7:00 PM, at the Petaluma City Council Chambers, 11 English Street, Petaluma, CA, concerning levy of the assessment proposed for the DPBID for calendar year 2014. At the hearing, written and oral protests may be made in accordance with California Streets and Highways Code Sections 36524 and 36525. 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 ..roved as to Council of the City of Petaluma at a Regular meeting on the 27th day of January, form: 2014,by the following vote: _ City :ttomey AYES: Albertson:Barrett, Mayor Glass, Harris,Vice Mayor Kearney,Miller NOES: None ABSENT: None ABSTAIN: Healy �� ATTEST: 4e. � City Clerk Mayor Resolution No. 2014-016 N.C.S. Page 3 Exhibit 1 to Resolution DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT, BUDGET AND MAP FOR 2014 FISCAL YEAR AND 2013 FISCAL YEAR BID FUNDS RECEIVED AND EXPENDITURES 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 proposed in the budget below. 5. Surplus/Deficit Carried Over from Prior Year: None. 6. Contributions from Other Sources: None. Downtown Petaluma Business Improvement District 2014 Budget Allocations • 32% Security $20,800 • 28% Marketing $18,200 • 20% Beautification $13,000 • 20% Administration $13,000 Total: $65,000 BID 2014 Proposed Projects _ Projected Revenue Total Possible $ 65,000 _projected from total district data Expected $ 55,000 assuming 85%collections Proposed Projects Expected Possible I Notes Security Patrols $ 3,700_1 I Private security patrols Thurs-Sat lOpm-4am 52 weeks Additional security $ 2,000 1 Heightened security during holidays and peak times AT&T internet to host camera equip $ 1,500{I Monthly Internet AT&T camera contract $ 3,500 Lease of equipment expires 5/2016 AT&T smart net maintenance $ 600 1 Software maintenance Maintenance and repair $ 6:300 I Camera maintenance and repair weekly Security 32% 817,600 1 $ 20,800.001 • Destination marketing downtown $ 2,400 Destination marketing ads&editorial in Chamber&Visitors guide Sonoma Magazine $ 1,200 Downtown marketing Sidewalk Sale 1$ 1,000 Street banner$400,additional banners$150.advertising$500 Harvest Days event $ 2,400 Banners,posters,flyers,radio,online and•tints ads-social media Trick or Treat $ 700 Posters,maps,ads,balloons Holiday Marketing season I$ 4,900 Merchant Open house,balloons,horse&wagon,entertainment,flyers,posters,ads Holiday shopping gift guide Sonoma col $ 1,200 Sonoma county Press democrat/Argus/Bohemian Online ads Press Democrat I $ 300 Online ad click through to website Holiday shopping gift guide Marin I $ 600 Mann country (paid$1,500 offset by Visitors Program) Holiday lighting _ $ 295 I Cost was$1,571 reimbursements of$1,388 net cost$295 to light up Putnam Plaza and Trees Radio ad campaign $ 439 {Radio ads$2440,reimbursement$1950,net$439 Marketing 28% I$ 15,400.00 $ 18,200.00 Holiday Decorations I $ 5,000 I 70 Holiday banners,8 wreaths installation up and down,cleaning,updating and storage Sidewalk steam cleaning $ 5,500 1 Downtown core sidewalk cleaning Paint supplies for graffiti clean-up $ 500 1 {Paint supplies for graffiti clean-up supported by community volunteers Beautification 20% $ 11,000.001 $ 13,000.001 Administration costs $ 1,300 I IWebsite updates and maintenance $ 710 1 'Telephone&PG&E $ 4001 Insurance $ 1.950 1 Wages&benefits $ 240 Office supplies $ 6,400 BID processing(includes public noticing and payment processing) Administration 20% I $ 11,000.001 $ 13,000.00 Total I $ 55,000.00 I $ 65,000.00 Security - 32% 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. 2014-016 N.C.S. Page 4 Marketing - 28% - 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. Beautification - 20% - A volunteer committee meets to consider requests for investing in beautification projects downtown. Administration - 20% - Collected funds go to the day-to-day operations of the FDA 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.). Types of Businesses Assessed • 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. • Lodging:: Includes renting rooms by the day or week to community visitors. • Professional Businesses: Includes: Architects, Engineers, Attorneys, Dentists, Doctors, Accountants, Optometrists, Realtors, Insurance Offices, Mortgage Brokers and most other businesses that require advanced and for 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 $116 Antique Collectives (1-3 Dealers) $150 $100 $50 (4-6 Dealers) $250 $166 $83 (7+ Dealers) $350 $232 $116 Service Businesses (1-3 Emp/Operators) $100 $75 $50 (4-6 Emp/Operators) $200 $150 $100 (7+ Emp/Operators) $300 $225 $150 Professional Businesses $125 $82 $41 Resolution No.2014-016 N.C.S. Page 5 ZONE A ZONE B ZONE C Financial Institutions $500 $500 $500 Lod ing (1-10 Room ) $150 $150 $150 (11-25 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. • era, W y. i. Z 'L EP a r t II a k I 'p - u C ��77 —el. 1,1111 t i "' J !I �, , m c c ..� n• li. a 1 1ltllrl 7 ( .. "i_`yi 1 .v ! 'J - L 1 F k) t2c L ', s 1 x ( � t- r J P x f J/ n. e JJ y s .t t ' Y tJr; 1' " - v J k' 7%x x . x_ � ' 4, *, �... /� /t(.r.1 +x��a. .�` vL` J '(i /t `^ '<J I/ '--"3� //"" 1 -\"% '• Oa�C� F,,,S� $t`. J/!y J;Ji� 1 EC :i. r y ' 3 C I J• r C. '/ I {i1})7.1__'al'Its'' ; • ^m --S \,"r`: F 1f`E.., t f/rr^4 4e l qt1` 44 A Y /� i° J'tiJ V t•r��f ¢-s\>�.:;,,/ > '/ e i I C '`l,>E / v / al i , x _ • j. '`A AMY /'1- / / - P1 ', Jam,.al` ! x, (�- J - Y,'- Resolution No. 2014-016 N.C.S. Page 6 Petaluma Downtown Association Bid Funds Received and expenditures For Fiscal Year Ending June 30,2013 BID Percentages 28% 50% 20% 2% TOTAL Date Transaction To/From Description Marketing Security Beautification Admin 07.01.12 Beginning Balance 4,387.2E 17,521.54 13,291.84 -3,953.63 -3796.07 07 30 12 Deposits Bic Income 9,653.00 17,237.50 6,895.00 689.50 34,475,00 08.17,12 Deposits Bid Income 790.44 1,411.50 564.60 56.46 2,823.00 10.05.12 Deposits BEd Income 858.76 1,533,50 613.40 61.34 3,067.00 11.08.12 Deposits Bid Income 1.102.08 1,958.00 787,20 7672 3,936.00 12.17.12 Deposits Bid Income 346.08 618.00 247.20 2472 1,236.00 1,25.13 Deposits Bid Income 63.00 112.50 45.00 4.50 225.00 2.11.13 Deposits Bid Income. 1,669,08 2,980,50 1,192,20 119.22 5,961.00 03.12.13 Deposits Bid Income 2,861.88 5,110.50 2,044.20 204.42 10,221 00 04.16 13 Deposits Bid Income 1727.88 3,085.50 1,234.20 123.42 6,171.00 05.09.13 Deposits Bid Income 3.410.82 6,090.75 2,436 30 243.63 17,181 50 06.18.13 Deposits Bid Income 846.44 1,511.75 604.60 6046 3,023.25 Subtotal 23,329.46 41,660.00 16,663.90 1,666.39 83319.75 10.10,12 3176.Pela!uma Minuteman Press Harvest Days poster -174.57 10.24.12 3184 Petaluma Post Trick or Treat ads 198.00 10.26.12 credit card Grocery Outlet -2.28 10.26.12 credit card Oriental Trading -30.97 10.26.12 credit card Backpage -100 11.1.12 3196 North Bay Bohemian Trick or Treat trail -100.00 11.08.12 deposit Trick or Treat trail 40.00 11.14.12 3207 Lisa Krieshock Harvest Days -300.00 11.14.12 3208 North Bay Bohemian Trick or-treal trail -256.00 11.14,12 3209 Petaluma Post Christmas shopping ads -198.00 11.14.12 3212 Wine Country Radio Harvest Days -500.00 11.19.12 Reimbursed Facebook Ad Harvest Days -20.00 11.28 12 3216 Amen Kean-Bel Canto ouarie.Holiday Open House music -150.00 11.28.12 3217 Paula Moors Xmas Open House face paint -200,00 11.28.12 3218.Nortn Bay Bohemian Xmas Shopping ads -300,75 11.28 12 3219 Northbay Be Xmas-Shopping ads -280.00 11.28.12 3220 Pacific Display Inc Holiday Decor -4,700.00 11.25.12 3222 Patrick Prather Xmas Open House horse&a -550.00 11.30.12 deposit Merchant Deposits Halloween Trick cr treat 140.00 11.3112 deposit Sold Xmas lights Reimbursed holiday lights 996.00 11.30.12 deposit Sold radio/adsrlignts Reimbursed,ads,lights 1,388.00 11 2112 credit card Fotolla Xmas ad image for ads -13.00 11.28.12 credit card Petaluma Mail Depot Xmas Open House flyer -75.60 11.28.12 credit card Backpage Xmas Open House -2.90 11.28.12 credit card Grocery Outlet Candy for Trick or Treat -17.58 11.28.12 credit card Petaluma Mail Depot Xmas Open House flyers -270.00 11.28.12 credit card Craigs Party Store Trick or treat balloons -116.72 12.06.12 3230 All Signs Xmas Open house banner -78.12 12.06,12 3233 North Bay Bohemian Holiday shopping/events ad -232.00 12.06.12 3237 Press Democrat Harvest Days -1,609.83 12 05.12 deposit Holiday Radio ad reimb 2000 12.05,12 deposit Holiday Radio ad reimb 250.00 12.06.12 deposit Holiday Radio ad reimb 110.00 12.06.12 deposit Holiday Radio ad reimb 250.00 12 06.12 deposit Holiday Radio ad reimb 20.00 12.13.12 3241 Mann Independent Jrnt Holiday Shopping ad -600.00 12,17.12 deposit Trick or Treat trail 40.00 12.17.12 deposit Holiday Gift Guide 555.00 12.19.12 3249 Press Democrat Xmas Shopping ads -900,01 12.19,12 3249 Press Democrat Xmas Shopping ads -24.45 12.27.12 Credit card Petaluma Mail Depot Holiday Open House handout -75,60 1.16.13 Credit card Cretan Leco Xmas Lights -1,571.29 1.16.13 Credit card Press Democrat Holiday shopping -975.01 1.16 13 3271 Wine Country Radio Holiday Open house 560.00 1.16,13 3271 Wine Country Radio Holiday Open house 600.00 1.16.13 3271 N line Country Radio Holiday Open house -680.00 1.16.13 3271 Wine Country Radio Holiday Open house -600.00 1.25.13 deposit Holiday Open house Reimbursed Ads 964.00 1.25.13 deposit 1-loliday Open house Reimbursed Ads 334.00 1.28.13 3282 City of Petaluma Harvest Days -26.00 1.28.13 3282 City of Petaluma Sidewalk walk sales -26.00 2.1413 deposit Holiday Gift Guide Reimbursed Ads 232.00 2.14,13 deposit Holiday Radio Reimbursed Ads 50.00 02.20.13 3297 Bicycle Bill Boards Billboard advertising -205.00 12.08.12 credit card Craigs Party Store Holiday Open House balloons -53.75 12 08.12 credit card Starbucks Volunteer coffee Open House -11.15 12.08.12 credit card Rex Hardware Plaza Xmas Lights timer -11.33 11.19.12 Reimbursed Facebock Ad Sidewalk sale ad -9.69 10.24.12 3186 Ramfire Building Mince Sidewalk cleaning -9.060.00 7.17.12 3072 First Alarm Security,Inc Security Services -303.00 8,1.12 3124 First Alarm Security,Inc Security Services -303.00 8.29.12 3154 First Alarm Security,Inc Security Services 303,00 9.26.12 3191 First Alarm Security,Inc Security,Services -303.00 Resolution No,2014-016 N.C.S. Page 7 11.112 3215 First Alarm Security.Inc Security Services -303.00 11.28.12 3245 First Alarm Security,Inc Security Services -303.00 1.213 3252 First Alarm Security,Inc Security Services -303.00 1.23.13 3274 First Alarm Security,fro Security Services -303.00 3 1.13 3303 First Alarm Security,Inc Security Services -303.00 4,3.13 3336 First Alarm Security,Inc Security Services -303.00. 5.8.13 3377 First Alarm Security.Inc Security Services -303.00 6.6.13 3425 First Alarm Security,Inc Security Services -303.00 6.30 13 3457 First Alarm Security,Inc Security Services -303.00 7.3 12 3034 AT&T Camera Security -108.70 7.17.12 3069 AT&T Capital Services Inc Camera Security -2,731.09 8.1:12 3096 AT&T Camera Security -98.73 8.8.12 3109 AT&T Capital Services Inc Camera Security -1,799.13 8.29 12 3122 AT&T Camera Security -99.27 9.13.12 3138 AT&T Capital Services Inc Camera Security -1,792.33 10.04.12 3161 AT&T Camera Security -105.87 10.10.12 3172 AT&T Capital Services Inc Camera Security -1,792.33 11.1.12 3189.AT&T Camera Security -101.75 11.14.12 3205 AT&T Capital Services Inc Camera Security -1.792.33 12.8.12 3231 AT&T Camera Security -191.69 12.1312 3240 AT&T Capital Services Inc Camera Security -1,792.33 1 2.13 3250 ATM Camera Security 101.87 1.1913 32E7 AT&T Capital Services Inc Camera Security -1.792.33 2.1.13 3280 AT&T Camera Security -111.77 2.13.13 3293 AT&T Capital Services Inc Camera Security -1.792.33 3.6 13 3313 AT&T Camera Security -123.85 3.20 13 3323 AT&T Capital Services Inc Camera Security -1.792.33 4.3.13 3335 AT&T Carnera Security -119.16 4.11 13 3348 AT&T Capital Services Inc Camera Security -1,792.33 5.15.13 3400 AT&T Capital Services Inc Camera Security -1.792.33 5.29.13 3414 Fowler Electric Repair of cameras .359.20 6.6.13 3423 AT&T Camera Security -119.14 6.12.13 3431 AT&T Capital Services Inc Camera Security 1,792.33 6.30.13 3454 AT&T Camera Security -119.14 5.1.13 3372 Muniservices Bid Processing -253.00 7.1.12-6.30.13 Bid Snare of admin costs Website -68.59 7.1.12-6.30.13 Bid Share of admin costs Wages 1,276.86 7.1.12-6.3013 Bid Snare of admin costs Utilities -25.36 7.1.12-6.30.13 Bid Share of admin costs Telephones -93.79 7.1.126.30.13 Bid Share of admin costs Rent -12.00 7.1.12-6.30.13 Bid Share cf admin costs Public Relations. -36.88 7.1.12-6.30.13 Bid Share of admin costs Professional Fees -149..65 7.1.12-6.30.13 Bid Share of admin costs Office Supplies&Postage .149.87 7.1.12-6.30.13 Bid Share of admin costs Payroll tax Expense -115.22 7.1.12-6,30.13 Bid Share of admin costs License and Tax -5.97 7.1.12-6.30.13 Bid Share of admin costs Insurance -369.24 7.1.12-6.30.13 Bid Share of admin costs Employee Benefits -288.29 7.1.12-6:30,13 Bid Share of admin costs Dues&Subscriptions. -28.64 Total BID expenses -11.986.39 28.06266 -9.060.00 2,804.77 -51.913.82 6.30.13 Ending,balance BID 15,730:33 -3,924.20 20,895.74 -5,092.01 27,609.86 Resolution No.2014-016 N.C.S. 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