HomeMy WebLinkAboutResolution 2016-180 N.C.S. 11/21/2016Resolution No. 2016 -180 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING THE 2017 DOWNTOWN PETALUMA BUSINESS
IMPROVEMENT DISTRICT ANNUAL REPORT AND RELATED BUDGET;
DECLARING THE INTENTION TO LEVY THE 2017 ANNUAL ASSESSMENT
FOR THE DISTRICT; AND SETTING A PUBLIC HEARING ON THE
PROPOSED 2017 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 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. Fagade 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. 2016 -180 N.C.S. Page 1
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 Cleric 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 2017 DPBID Annual Report proposes no changes in the boundaries,
method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID
2017 Budget establishes the following budgetary priorities with estimated revenues and
expenditures:
27% Security
$17,550
23% Marketing
$14,950
30% Beautification
$19,500
20% Administration
$13,000
Total:
$65,000
WHEREAS, the 2017 Annual Report of the DPBID is on file at the City Cleric's office
for public review and contains a full and detailed description of the DPBID improvements and
activities to be provided for the 2017 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 2017 fiscal year.
Resolution No. 2016 -180 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 2017 to pay for improvements and activities within the
DPBID, which is attached and made a part of this Resolution as Exhibit A in accordance with
Chapter 6.04 of the Petaluma Municipal Code and the Act. The City Council reviewed and
approved the DPBID 2017 Annual Report and Budget at their November 21, 2016 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 December 5, 2016
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 2017. 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 \Approved as to
Council of the City of Petaluma at a Regular meeting on the 21" day of November, r'Torm:
2016, by the following vote: y r�
AYES: Albertson, Barrett, Kearney, Miller
NOES: None
ABSENT: Mayor Glass
ABSTAIN: jHealy, Vice Mayor King
ATTEST:
City Clerk
City
Mayor Pro Tern
Resolution No. 2016 -180 N.C.S. Page 3
EXHIBIT A
Downtown Petaluma Business Improvement District'
FY 2017 Annual Report and Budget
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 2017 Budget Allocations
27%
Security
$17,550
23%
Marketing
$14,950
30%
Beautification
$19,500
20%
Administration
$13,000
Hei htend security during holidays and peak times
Total:
$65,000
BID 2017 Proposed Projects 10.6.16
Projected Revenue
Total Possible $ 65,000 Projected from total district data
Expected $ 56,550 Assuming 87% collections
Proposed Projects
Expected
Possible
Notes
Secudty Patrols
$ 7,750
Private secu6ty patrols Tburs -Sat 10 m-4am 52 weeks
Additional security
$ 7,750
Hei htend security during holidays and peak times
Misc. Security
$ 2,050
Event driven
Security 27%
$ 15,268
$ 17,550
Destination marketing downtown
$ 2,216
Destination marketing ads & editorial in Chamber & Visitors guide
Valentines Event
$ 1,500
Posters, banners, ads, social media
Sonoma Magazine
$ 1,200
Downtown marketing
Sidewalk Sale
$ 1,000
Street banner $400, additional banners $150 advertising $500
Freeway Billboard Si na e
$ 1,000
Freeway billboard si na a for peak events in downtown
Go Local Video
$ 600
Joint effort with Chamber, City fora go local video for downtown shopping
Trick or Treat
$ 700
Posters, maps, ads, balloons
Holiday Marketing season
$ 3,300
Merchant Open house, balloons, horse & wagon, entertainment, flyers, posters, ads
Holiday shopping ift guide Sonoma
$ 1,200
Sonoma county Press democrat/Ar us
Online ads Press Democrat
$ 500
Online ad click through to website
Holida sho in ift guide Marin
$ 600
Marin countrV ads
Holiday lighting
$ 295
Costwas $1,571 reimbursements of $1,388 net cost $295 to light up Pubiam Plaza and Trees
Radio ad campaign
$ 839
Radio ads $2,789 reimbursment $1950, net $839
Marketing 23%
$ 13,007
$ 14,950
Holiday Decorations
$ 5,500
70 Holiday banners, 8 wreaths installatioin up and dawn, cleaning, updating and storage
Street Team Cleaning
$ 5,000
Downtown partnership program
Paint supplies for graffiti clean - u
$ 500
Paint, supplies for grafitti clean up in downtown core and garage
Si na e
$ 2,000
Directional si na a to downtown
Plants /misc decorations
$ 1,600
Plants throughout downtown & specific event decorations for downtown
Spring Banners
$ 5,000
70 spdng banners
Beautification 30;.
$ 16,965
$ 19,500
Administration Costs
$ 1,300
Website updates and maintenance
$ 710
Telephone & PG &E
$ 400
Insurance
$ 3,950
Wages & benefits
$ 240
Office supplies
$ 6,400
BID processing locals
Administration 20%
$ 11,310
$ 13,000
GRAND TOTAL
$ 56,550
$ 65,000
Resolution No. 2016 -180 N.C.S. Page 4
Security - 27% - 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 - 23% - 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 - 30% - 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
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.
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.
Resolution No. 2016 -180 N.C.S. Page 5
Financial Institutions: Includes Banking, Savings, Loan and Credit Unions.
Assessment by Tvne of Business Within Zones
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. 2016 -180 N.C.S. Page 6
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 (1 -3 Dealers)
$150
$100
$50
Collectives (4 -6 Dealers)
$250
$166
$83
(7+ Dealers)
$350
$232
$116
Service (1 -3 Emp /Operators)
$100
$75
$50
Businesses (4 -6 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
(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.
Resolution No. 2016 -180 N.C.S. Page 6
Resolution No. 2016 -180 N.C.S. Page 7