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Home My WebLink AboutResolution 2014-184 N.C.S. 12/01/2014Resolution No. 2014-184 N.C.S. of the City of Petaluma, California APPROVING THE 2015 DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND RELATED BUDGET; DECLARING THE INTENTION TO LEVY THE 2015 ANNUAL ASSESSMENT FOR THE DISTRICT; AND SETTING A PUBLIC HEARING ON THE PROPOSED 2015 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 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 fimded 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. Fapade 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. 2014-184 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 2015 DPBID Annual Report proposes no changes in the boundaries, method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID 2015 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 2015 Annual Report of the DPBID is on file at the City Clerk's office for public review and contains a frill and detailed description of the DPBID improvements and activities to be provided for the 2015 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 2015 fiscal year. Resolution No. 2014-184 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 2015 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 2015 Annual Report and Budget at their December 1, 2014 Council meeting, at the Petaluma City Council Chambers, 11 English Street, Petaluma, CA; and BE IT FURTHER RESOLVED that a public hearing will occur on January 5, 2015 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 2015. 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 ,4i p oved as to Council of the City of Petaluma at a Regular meeting on the I" day of December, �^� orm: 2014, by the following vote: Cr LIZV ttorney AYES: Barren, Mayor Glass. Harris, Vice Mayor Kearney, Miller NOES: None ABSENT: Albertson ABSTAIN: Healy ATTEST: �.� L/v 177� �'� ��(iG A City Clerk or Resolution No. 2014-184 N.C.S. Page 3 DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT, BUDGET AND MAP FOR 2015 FISCAL YEAR AND 2014 FISCAL YEAR BID FUNDS RECEIVED AND EXPENDITURES f. 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 2015 Budget Allocations • 32% Security $20,800 • 28% Marketing $18,200 • 20% Beautification $13,000 • 20% Administration $13,000 Total: $65,000 BID 2015 Proposed Projects Projected Revenue Total Possible _ $ 65,000 ro'ectetl from total district data _protected Expected 5 55,000 assuming 65% collections Pro osed Pro'ects ------- Expected Passible ------- — Notes------- Securil Patrols $ 3.700 Private security patrols Thurs Sat 10 m-4am 52 weeks Additional security $ 2.000 _ IHeighlentl security during holidays and peak times ATBT lnlerenel to host camera AT&T camera contract 5 1.500 5 3,500 Monthl Inlemet Lease of equiptmenl expires SI201fi AT&T smarMaintenance $ 1Camera maintenance al d repair Maintenance and repair _ _ _ 300 S 6,300 (Camera maintenance and repair weekly Security 32% 1 S17,600 S 20,000.00 1---------- Destination marketing dovmtown Sonoma Magazine 1 $ 2,400 5 1,200 1Destination marketing ads 8 editorial in Chamber & Visitors guide _ I Dovmlown marketing Sidewalk Sale _ $1 p00 _ _ _ ;Street banner $400, additional banners $150 advedisin $500 Harvest Days event Trick or Treat S 2,400 S 700 IBanners, posters, tlyers, radio online antl prints ads - social media iPasters, maps. ads, balloons Holiday Marketing season Holiday shopping gin guide Sonoma q _ Honda hhtin .. Radio ad campaign Marketing 28% S 4,9001 S 1.200 5 439 S M,400.001 1 --� S 18,200.00 Merchant O en house, balloons horse 8 wagon, entertainment flyers, posters ads_,_ 1 Sonoma, countyhroughdemoc websillArgus g - eent _ reimbursements of 51 358 net cost 529510 light up Putnam Plaza and Trees Radio ads $2440 retmbursmen151950 net 5439 Holiday Decorations $ 5,000 70 Holitlay banners;8 wreaths inslallalioin up antl tlown, cleaning, updating and storage Sidewalk steam cleaning5 5.500 Downtown core monlhl sidewalk cleaning thru march 2015 Paint supplies (or graffiti clean- u 5 500 _lpaint, supplies for gmfitli clean up In tlownlown care and gore e Beautification 20% S 11,000.00 5 13,000.001 Administration costs _ IS 1,300 [Waters updates and maintenance Telephone 8PG8E S egg 5 1,950 Insurance Wages 8 benefits _ ___ ______ 5 240. Offim upplies 5 6,400 BID processing (includes public nolidng antl payment processing) _ Adminlstratign 20% 5 ii,000.Ot1 S 13,000.00 Total 1 $ 55,000.00 $ 65,000.00 Security - 3276 - 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.) Marketing - 287. - 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 Resolution No.2014-184 N.C.S. Page 4 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 - 2076 - A volunteer committee meets to consider requests for investing in beautification projects downtown. Administration - 2017o - 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.). 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. C 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 /or specialized licenses and/or advanced academic degrees. O 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 Em to ees 250 166 83 7+ Em to ees 350 232 1 16 Anti ue Collectives 1-3 Dealers 150 100 $50 4-6 Dealers $250 $166 $83 7+ Dealers $350 232 1 16 Service Businesses 1-3 Employees /O erators 100 75 $50 4-6 Employees /O erators 200 150 100 7+ Employees /O erators $300 $225 $150 Professional Businesses 1125 82 41 Financial Institutions 500 500 1500 Lod in 1-10 Rooms 150 150 150 11-25 Rooms 250 250 250 26+ Rooms $350 350 350 Resolution No. 2014-184 N.C.S. Page 5 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 mode up of multiples o[part-time employees while Antique Collectives will bocharged bynumber of business licenses active within one location. Resolution No. l0|4-|84N.C.S. Page