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HomeMy WebLinkAboutResolution 2008-009 N.C.S. 01/07/2008 Resolution No. 2008-009 N.C.S. of the City of Petaluma, California ESTABLISHING THE LEVY FOR THE 2008 ANNUAL ASSESSMENT F®R THE DOWNTOWN PETALUMA BUSINESS IMPROVEMENT 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 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, Resolution No. 2008-009 N.C.S. Page 1 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, 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 365.24 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 wriich 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, Resolution No. 2008-009 N.C.S. Page 2 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 2008 DPBID Annual Report and Budget submitted by the DPBID Board of Directors at the regularly scheduled and duly noticed December 3, 2007 City Council meeting; and, WHEREAS, in accordance with California Government Code Section 36534, at the regularly scheduled and duly noticed December 3, 2007 City Council meeting, the City Council adopted a Resolution of Intention to levy the 2008 annual assessment for the DPBID; and, WHEREAS, 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, WHEREAS, the 2008 DPBID Annual Report proposes no changes in the boundaries, method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID 2008 Budget establishes the following budgetary priorities with estimated revenues and expenditures: 32% Beautification $23,040 32% Marketing $23,040 20% Administration $14,400 16% Security $11,520 Total $72,000 WHEREAS, the 2008 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 2008 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 2008 fiscal year; and, Resolution No. 2008-009 N.C.S. Page 3 WHEREAS, in accordance with the California Streets and Highways Code Section 36534, on January 7, 2008, the City Council held the public hearing on the 2008 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 January 7, 2008, 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, THEREFORE, ~E IT RESOLVED that the Petaluma City Council hereby levies the assessment described in the DPBID Annual Report and Budget for Fiscal Year 2008, which is attached and made a part of this Resolution as Exhibit 2, 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 Councilby the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approwe~i as to Council of the City of Petaluma at a Regular meeting on the 7`" day of January, o 2008, by the following vote: ~ ; ity A~omey AYES: Barrett, Harris, Nau, O'Brien, Vice Mayor Babbitt, Mayor Torliatt NOES: None , ABSENT: Freitas ; ABSTAIN: None ' ATTEST: City Clerk Mayor Resolution No. 2008-009 N.C.S. Page 4