HomeMy WebLinkAboutResolution 00-152 N.C.S. 08/07/2000
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1 Resolution IVo. 00-152 I.C.S.
2 of the City of Petaluma, California
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4 RESOLUTION OF THE CITY COUNCIL AND THE PETALUMA COMMUNITY
5 DEVELOPMENT CONMSSION OF THE CITY OF PETALUMA
~ AUTHORIZING THE CITY MANAGER/EXECUTIVE DIRECTOR T.O SIGN THE
7 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY/PCDC AND
8 THE PETALUMA DOWNTOWN ASSOCIATION FOR THE
9 POTENTIAL FORMATION OF A BUSINESS IMPROVEMENT DISTRICT
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11 WHEREAS, the Petaluma Downtown Association has created a Business Improvement
12 District Formation Committee; and
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14 WHEREAS, the Business Improvement District Formation Committee has brought to the
15 City Council ~ and the Petaluma Community Development Commission (PCDC) a
16 proposal to form a Petaluma Downtown Business Improvement District; and
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18 WHEREAS, a Memorandum of Understanding has been prepared as a statement of
19 understandings and commitments between the City, PCDC and the Petaluma Downtown
20 Association and to aid in the presentation and discussion of the proposed District, its
21 potential boundaries, assessment, budgets and other matters to the business owners in the
22 proposed Business Improvement District boundary and to present a concise statement of
23 the objectives of the parties in pursuing the formation of a Business Improvement
24 District.
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26 NOW, THEREFORE, BE IT RESOLVED, that the City Manager/Executive Director of
27 the City of Petaluma/PCDC is hereby authorized to sign the attached Memorandum of
28 Understanding prepared to provide a framework for the cooperative effort to form and
29 administer a Petaluma Downtown Business Improvement District.
3n H:pUDown[oem\Reso.CM sign MOU
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 Approved as to
Council of the City of Petaluma at a (Regular) ~~1f~Fii~x(~ii~l~ meeting form
on the ....~-~):1 day of _................Augus.t.,........2.000.., by the
following vote:
City Attorney
AYES: Healy, Cader-Thompson, Maguire, Vice Mayor Torliatt, Mayor Thompson
Hamilton
NOES: None _
ABSENT: Ke 11 e-r
ATTEST:
City Clerk I Mayor
Council Fi(j~e...-....
('A IU-R5 Rcs. No....`.'..`!..- ~ N.C.S.
1 :MEMORANDUM. OF UNDERSTANDING
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3 (Proposed `To' Be Incorporated Into The
4 Downtown Petaluma B.LD. Ordinance)
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6 This Memorandum of Understanding, entered into this 7th day of August, 2000, is by and
7 between the City of Petaluma acting through its City Council ("City"), the Petaluma Community
8 Development Commission ("PCDC") acting through its Commission, and the Petaluma
9 Downtown Association Board of Directors ("P.D.A. Directors"), and relates to the proposed
10 formation and subsequent operation of a Downtown Business Improvement District ("District")
11 in Petaluma.
12 Recitals:
13 This Memorandum of Understanding (M:O.U.) is intended as a statement of understandings and
14 commitments between the parties hereto, but is not part of the formal process of the formation of
15 the proposed District. This M.O.U: has been developed. to aid in the presentation and discussion
16 of the proposed District, its potential boundaries, assessments, budgets and other matters to the
I7 business owners in the downtown area, and to present a concise statement of the objectives of the
18 parties in pursuing the Business Improvement District concept.
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20 This M:O.U., and representations made herein, are intended as statements of intention and
21 declarations of policy by the City and PCDC, and are intended to be binding to the extent
22 allowed by law, and to be a guide for present and future Council actions relative to, the
23 Downtown Business Improvement District.
24 Cityand P.D.A. Directors 1Vlutually Declare and Agree to the following:
25 1. It is in the public interest to promote the economic revitalization and physical
26 enhancement of Downtown Petaluma in order to create jobs, attract new businesses,
27 generate additional City sales and property tax revenues and prevent economic and
28 physical erosion of the Downtown Petaluma Area.
29 2. Assessments levied through the District for the purpose of providing improvements -and
30 promoting. activities of the P.D.A. Directors which benefit individual businesses may also
31 benefit the properties within the District directly or indirectly, but are not to be
32 considered taxes for the. general benefit of the City, but instead these assessments confer
33 special benefits upon the businesses for which the .improvements and activities are
34 provided.
1 3. All funds derived from the assessment will be used to provide funding for the
2 enhancement and appearance fore the District;. promotion, advertising and image-building
3 for the businesses (which may include, but not be limited to, the use of media promotion,
4 decorations. such as flags or banners, special events and those administrative expenses
5 associated with the program) and, provide additional security services and measures
6 within the District.
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7 4. The parties expressly agree that City shall not adopt, modify or otherwise amend any
8 fiscal year, budget of the District that is inconsistent in any way with said fiscal year's
9 budget as agreed to and presented by the District Board of Directors except in the case. of
10 a written majority protest of the District members as to any specific budget item pursuant
11 to GC Section 36525(b). In such case the written protest regarding any specific budget
12 item .shall be grounds to eliminate said expenditure from the District budget.
13 5. City/PCDC specifically finds and declares that the funds derived from the District shall
14 not be used to offset or diminish current. maintenance, capital improvement and/or
15 business promotion programs currently sponsored by the City within the District. This
16 Memorandum of Understanding does not bind or obligate the City of Petaluma or
17 Petaluma Community Development Commission to any specif c amount of funding to the
18 Petaluma Downtown Association or the Downtown Petaluma Business Improvement
19 District.
20 6. The (Parties agree that no increases in the original assessment formula as adopted at the
21 time of B.LD. establishment shall occur without that increase being requested by a
22 majority of the businesses located within the District:
23 7. City agrees to bill and; collect annual assessments, without charge to the District, and to
24 forward all funds collected hereby within 30 days of said collection.
25 8. The Parties agree that the membership of the Board of Directors of the B.LD. shall be
26 constituted of members elected by the businesses participating in the District. Any Board
27 Members must represent businesses from within the established District boundaries that
28 have currently paid the annual benefit assessment assigned them in accordance with
29 business size, location and category (this action shall satisfy the requirements as provided
30 for in California Streets and Highways Code; Section 36530).
31 9. All voting within the District regarding election of Board Members as well as any other
32 action shall be restricted to those businesses that have currently paid their annual benefit
33 assessment:
1 10_ Any .provisions of the Municipal Code dealing with the appointment or removal of
2 members. of Boards or Commissions shall not apply to the Board of Directors of this
3 District.
4 11. The Parties hereto agree that the Board of Directors, 'upon ratification by a majority of the
5 District membership voting in an election, may adopt, modify, amend and interpret a set
6 of Bylaws for the District provided said Bylaws do not. conflict with the provisions of this
7 M.O.U., the enabling Ordinance creating the Downtown Business Improvement District
8~ or State Law.
9 12. Decisions) of the Board of Directors regarding expenditures of the District funds shall be
10 final.
11 13. This M.O.U. will be reviewed on an annual basis at least two (2) months prior to its
12 yearly anniversary and may be modified by the City Council/PCDC with the consent of
13 the BID Board of Directors. Notwithstanding. the above, any party may terminate this
14 Memorandum of Understanding by giving 2 months written notice.
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16 This 1Vlemorandum of Understanding is hereby entered into by the parties identified below
17 on the ,date first herein above :identified.
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20 CITY OF PETALUMA/PETALUlVIA COMMUNITY DEVELOPMENT COMMISSION:
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22 Adopted by City Council Resolution # 00-152 N.C_5., dated August. 7, 2000.
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25 By. ~ .Attest:'
26 Frederick C_ Stouder, City Manager°' Beverly Kline, City Clerk
27 PCDC Executive Director
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30 APPROVED. AS TO FORM AND-EFFECT:
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32 By.
33 Richard R. Rudnansky, City Attorney
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36 PETALUMA DOWNTOWN ASSOCIATION B.LD. BOARD OF DIRECTORS
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38 By: By:
39 Samantha Dougherty, `Executive Director Chairperson
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42 s:-ru~iD~noU