HomeMy WebLinkAboutStaff Report 4.A 12/03/2018�'
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DATE: December 3, 2018
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Corey Garberolio, Finance Director
SUBJECT: Resolution to Approve the 2019 Downtown Petaluma Business Improvement
District Annual Report and Related Budget; Declaring the. Intention to Levy the
2019 Annual Assessment; and Setting a Public Hearing on the Proposed 2019
Annual Assessment
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It is recommended that the City Council adopt the attached Resolution Approving the 2019
Downtown Petaluma Business Improvement District Annual Report and Related Budget,
Declaring the Intention to Levy the 2019 Annual Assessment for the District, and Setting the
Public Hearing on the Proposed 2019 Annual Assessment.
BACKGROUND
In November 2000, the Petaluma City Council adopted Ordinance 2104 N.C.S., establishing the
Downtown Petaluma Business Improvement District (DPBID). In the Ordinance, codified in
Chapter 6.04 of the Petaluma Municipal Code (PMC), a Board of Directors is established to
administer the affairs of the District.
Under PMC section 6.04.100, the Board of Directors must present the City Council with an
Annual Report and related budget information for review and approval prior to adopting a
Resolution of Intention to levy an annual assessment. The City Council cannot adopt, modify or
otherwise amend the proposed budget of the district in a manner that is inconsistent in any way
with the budget as agreed to and presented by the district board of directors except in the case of
a written majority protest from business owners which will pay fifty percent or more of the
assessments proposed to be levied.
Section 6.04.050 of the Petaluma Municipal Code lists the types of improvements and activities
that maybe funded by the levy of assessments on businesses within the DPBID. Fundable
improvements include, but are not limited to, the acquisition, construction, installation or
maintenance of any tangible property with an estimated useful life of five years or more
including, benches, trash receptacles, decorations, facade improvements, and permanent
landscaping. The activities that may be funded include; but are not limited to, the promotion of
public events which benefit businesses in the area and which take place on or in public places
within the area; the furnishing of music in any public place in the area; and activities which
benefit businesses located and operating in the area, including but not limited to, commercial
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shopping and promotional programs. The Petaluma Downtown Association (PDA) Board serves
as the DPBID Board of Directors.
The fiscal year for the DPBID begins on January 1 SL. The types of improvements and activities
included in the 2019 proposed budget for funding by the levy of assessments on businesses in the
District are as follows.
27% Security $205250
23% Marketing $17,250
30% Beautification $22,500
20% Administration $15,000
Total: $755000
A detailed listing of the activities included in these categories is provided in Attachment 7.
DISCUSSION
Pursuant to PMC Section 6.04.100, the district board of directors must annually present a budget
For City Council review and approval prior to the beginning of each fiscal year. The purpose of
this process is to comply with the California Streets and Highways Code Section 36500 et seq.
("the Act") provisions regarding public notice and hearing prior to establishing the benefit
assessments for the following fiscal year. It is recommended that the public hearing be held on
January 7, 2019. At that time the City Council will be asked to consider public comment and
input on the proposed budget and the DPBID annual assessment. A draft version of the notice
that is going out to approximately 600 businesses in the district boundary is provided in
Attachment 4.
Mungle &Associates perfoi�ned the DPBID billing and collection services for 2018 and will
carry out these same services in 2019. The services include printing and mailing the DPBID
notices and attachments, processing and depositing all payments, and preparing and submitting
reports to PDA staff for periodic review. Mungle & Associates will mail up to 3 notices and
make a reminder call approximately 15 days after the deadline to pay. Mail for the DPBID will
be sent to Mungle & Associates' office and processed for deposit into a DPBID bank account.
Mungle & Associates also will provide year-round delinquent account collection services for the
2017 and 2018 DPBID calendar years.
FINANCIAL IMPACTS
Over the past ten years, the DPBID has received the following from assessments:
• 2009 $49,932
• 2010 $55,757
• 2011 $55,994
• 2012 $455176
• 2013 $45,505
• 2014 $475000
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• 2015 $61,940 (includes collections from 2012, 2013, and 2014)
• 2016 $71,544 (includes collections from 2014 and 2015)
• 2017 $64,795 (includes collections from 2016/17)
• 2018 $675458
Mungle &Associates' fee for calendar year 2019 billing Cu.].d collection services is $10.15 per
business billed which is estimated to be $6,300.00. 2018 and 2019 collection services are
included in the rate per business billed. 2017 and prior years' collections on overdue accounts
will be billed on an hourly basis not to exceed 25% of the collected amount. Fees will be
invoiced to the PDA and paid for by the PDA.
ATTACHIVI>GNTS
1. Resolution Approving 2019 Annual Report and 2019 Budget and Declaring Intention to
Levy Annual Assessment
2. DPBID Annual Report, Budget and Map for 2019 Fiscal Year
3. Ordinance 2104 N.C.S. (Exhibit 1 to Resolution) with Exhibit A to Ordinance
4. Draft Public Notice
5. Letter of Correspondence
6, Draft DPBID Invoice and Letter to Business Owners with Attachments
7. 2018 Fiscal Year DPBID Funds Received and Expenditures and Financial Information
from the Petaluma Downtown Association
ATTACHMENT 1
RESOLUTION APPROVING THE 2019 DOWNTOWN PETALUMA BUSINESS
IMPROVEMENT DISTRICT ANNUAL REPORT AND RELATED BUDGET,
DECLARING THE INTENTION TO LEVY THE 2019 ANNUAL ASSESSMENT
FOR THE DISTRICT; AND SETTING A PUBLIC HEARING ON THE
PROPOSED 2019 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
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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 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 2019 DPBID Annual Report proposes no changes in the boundaries,
method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID
2019 Budget establishes the following budgetary priorities with estimated revenues and
expenditures:
5
27% Security $20,250
23% Marketing $175250
30% Beautification $225500
20% Administration $15,000
Total: $75,000
WHEREAS, the 2019 A�znual 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 2019 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 2019 fiscal year.
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 2019 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 6.64 of the Petaluma Municipal Code and the Act. The City Council reviewed and
approved the DPBID 2019 Annual Report and Budget at their December 3, 2018 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 7, 2019 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 2019. At the hearing, written
and oral protests may be made in accordance with California Streets and Highways Code
Sections 36524 and 36525.
C�
ATTACHMENT 2
DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORT, BUDGET AND MAP FOR 2019
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 and detailed in Attachment 7.
5. Surplus/Deficit Carried Over from Prior Year: None
6. Contributions from Other Sources: None
Downtown Petaluma Business Improvement District 2019 Budget Allocations
27% Security $20,250
23% Marketing $179250
30% Beautification $22,500
20% Administration $15,000
Total: $75,000
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 DPBID 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 committ
ee meets to consider requests for
investing in beautification projects downtown.
Administration - ZO% -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.).
7
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.
• Lod�in�: 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.
• Financial Institutions: Includes Banking, Savings, Loan and Credit Unions.
Assessment by Type of Business Within Zones
ZONE A
Restaurants and
Retailers (1-3 Employees) $150
(4-6 Employees) $250
(7+ Employees) $350
ZONE B
$100
$166
$232
ZONE. C
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
Businesses
Financial
Institutions
$125
$500
$500
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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.
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d N VT E Do
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Introduced ley Councilmember
• ATTACHMENT 3
EXHIBIT 1 TO RESOLUTION
oxDmrArc moo,N.c.s.
Seconded by Councihnember
• Pamela Torliatt
.ASS i»LcDiNAItiTC.�!, uD+ .� + C � X CO U`nl'+C1�, OP T� C OF PETAL�E7MA,
CALI90nN1A.3-AJ)DWG CEMTER 6;04 TO THE, PE T. MT1NTClYAL CODS
ESTABLISMWGTmi DOWNT6WN-PE'TALUNM
BI M]NESS D"ROVE].V1ENT DISTRICT
RECIT-ALS; '
19 'W�CREAS,•on September 18, 2000, the City Council af'Petalurna, oxr'behalf of the City of
20 Petaluma, • (the "City"), adopted Resolution #00477 N.U. (the `qesoluiion), declaring its
21 intention to establish a Parking and Business Improvement District(hereinafter referred to as the
22 "District"), to levy a benefit assessment on all businesses, trades; professions; and vendors within
23 said District, the proceeds of which shall be used for the public purposes herein described to
24 benefit the businesses in the District, pursuant to the Parking- and Business Improvement Area
25 Law a£ 1989,. Part 6 (coh mencing with -Sections 36500) of Division 18 of the California Streets
26 and•I3igbways Code (the "Act"); and,
77
28 " �4VHCREA.S, pursuant to the Act "and the Resolution, City conducted a public hearing, after
29 having given due notice thereof as required by law, on October 16, 2000, at 7;00 PM, at City
30 Hdll, 11 English Street, •Petaluiva, California; and,
31
32 WRE,RE, AS, said public hearing has been held and the Citi Council has
heard and considered
33 all oral and writtan'protests and other comments regarding such proposed actions; and,
Ord. 2104 ICS
Page 1
10
1 W E13JrK S, protests. in writing from businesses in the proposed District paying 50% or more of
2 the proposed assessment have not been received; and,
4 'HEl AS, this City Council has now determined to establish the proposed District ass a
. 51 Parking and Business Improvement Area, to provide for the imposition of a benefit assessment:
6 and.to adopt an ordinance to such effect; and,
8 WBERBAS, in the opinion of this City Council, the businesses within the District will be
9 benefited by the 'expenditure of the funds raised by the assessment's levied hereby in the manner
10 prescribed herein; and,
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12 WREREAS, this Gity Council may, for each of the purposes set forth in Section 365101 & 365X3
13 of the Act, establish ane or more separate benefit zones based upon the degree of benefit derived
14 from the formation of the District, and may impose a tiered assessment or charge within each of
15 the benefit zoines; and,
16
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all •provisions• of the •Act :applicable to the establisl�m.ezit, 'modification; or
18 disestablislunent of a District shall apply to.the. establishment, thodification, o' disestablishment
19 of benefit zones pursuant to the Act, and the establishment or the'modification of any benefit
20 zone shall followthe. same procedure as. provided for under the establishments of a parking and
21 business improvement distzict, •and the disestablishment of a benefit zone shall follow the same
22 procedure as provide for disestablishment of a District; and,
23
.24 WIMI REAS, upon the request of the District. Board of Directors, this City Council 'shall:
25, commence the, proceedings required, by late to amend the boundaries, assessments or charges
26 established pursuant to this Ordinance subject to approval of the Board of Directors of the
27 T)istrict as expressly provided for herein; said modifications being made pursuant to the
28_ pmoedural requirements of the Act, but no assessment or charge shall be-4modi:Eed which would
29 impar' the ability of the District to meet the obligations of a contract to construct or operate
30. physical improvements in the District; and,
31 .
Ord, 2104 NCS Page 2 '
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1 QVREAS, adjustments may be madein the assessments or charges to businesses M' the
2 District, pr in. the uses to which the revenue *shall be put, 'as' specified in this Ordinance and
3 subject to D-oard approval, provided such changes are made bIy a supplemental Ordinance
4 adopted after a hearing before the City Council; and,
6 WKEIi JAS, for purposes of the assessments or charges to beimposed' pursuant to . this,
3 Ordinance, this City Council may maize a reasonable classification: of businesses, giving
8 consideration- t(Y-various factors, including geneiral benefit to, busiuesses and the degree 'of benefit
9 received from District programs; and; -
10
11 �VHE1tE,�.S, the assessrnents or charges levied an businesses pursuant to this Ordinance shall, to
12 :lie maximum extent. feasible, be levied on the basis of the estimated benefit to the businesses
13 within the District:
14
15 NOW.0 THEREroxE, THE MY CUUNCM OF TSG MY OS VE, TALUMA .DOES
16 ORD.,A3N AS FOLLOWS&
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18 Section 1. Resolution- of Intention, Public !`Tearing and Findings. The Recitals hereof;. which set
19 Earth =facts regarding the adoption of Council Resolutions, the conduct of public hearings. and
'20 ,certain findings ofthe City Council;�are true and correct andincorporated hereiix by reference.
22 Section• CHAPTER 6.04 is hereby added to the Petaluma Mi nicipal Code; providing as
23 f611ows: '
24 '
25. CHAPTER 6.04 DOWNTOWN PETA,LT.7MA BUSINESS MPROVEMENT DISTRICT,
26
27 6.04,010 Definitions .
28 In order- to distinguish between District businesses and for the purpose of calculating and
29 applying the amount of assessments owed, the following definitions shall apply:
30
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Qrd. 2104 NCS Rage 3
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1 A. Retail Businesses: "Retail Businesses' include all businesses not Coveted by other
2 definitions set 'out in this section, at least fifty percent (50%) of whose grass income is
3 derived froin "retail sales" as•that term *13 defined under the California Sales and Use Tax
4 Law. The fact that a substantial part of its business consists of sales other than retail sales
5 does .not exclude said business from this classification so 'long as such other business
6 component does not, account for more -than fifty percent (50%) of said business' gross
7 income;
9 I3. Restaurants: "Restaurant". businesses include cafes, eating ostablislunents, sandwich
10 , shops, dinner houses, restaurants -and fast food services and other similar businesses;
12 C. Antique Collectives: "Antique, Collectives" • includes such businesses and business
13 locations that represent multiple dealers of ani.�ique merchandise witivn one location.;
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15 DV Service: "Service" businesses include businesses that combine retail and product services.
16 l')tamplas are appliance stores, most automotive -oriented businesses, 'repair shops,
17 repairing and "servicing businesses and sezvice stations. Other businesses of a goneral
18 service -type nature such as general office, news and advertising media, printers, renting .
19 and leasing businesses, utilities, -vending machin busm*esses, household finance
20 companies, entedaimmnt businasses and other similar businesses not othervvise included
21 in cg; gpnes a, b, e, e, f or g are included in tlus'"section;w
22 . • .
23 . ' E. Lodging: "Lodging" businesses include Mins) Hotels; motels, RV" parks and other similar
24. businesses;
oil
26 F, professional: "Professional" includes attorneys, _architects, accountants, engineers,
27 surveyors, physicians, dentiSts, optometrists, chiropractors and others in a medical 1
28 Health servicuo field, consultants, real estate brokers, financial advisors, laboratories
29 (including dental and optieal),:hearing aid services, artists, photdgraphers and designers•
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Ord. 2104 NCS
page 4
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l Cr. Financial: Banks, savuigs•� lodns, oreditunions, etc.
Calendar Year: "Calendar Year" means January Ist to and including December 3v1st of
4 the same year.
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6 I, Billing Period: ''Billing period" shall refer to the period of any portion of a calendar year
7 in which a business operation as defined above.
9 6.04.020 Establishment of Bounclaz•ies.
XO A Parking and Business Irnprovernent,Distnct is hereby established pursuant to the Parking and'
11 Business Jrnprovement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The
12 boundaries of the District and.. the benefit zones within the District shall be as set forth on the
13 Exhibit "A", as attached to the Ordinance adopted to create said District and incorporated herein.
14 by reference_ This District shall be lcnown as the "Downtown Petaluma Business Improvement
15 District" (the "District").
16
17 6.04.030 �staUlishment a#'Aistrict Boar'd-of Directors. '
18 There &shall be a Board of Directors ("Board") of the District to administer the affairs of the
19 District. Said Board shall be constituted ofbusinesses within the District: WWitl n the Board there
20 shall be a President, .Vice -President, Secretary and Treasurer elected by the membership, and
21 such other officers as deemed necessary by the Board.: Such other officers shall be appointed by
22 the Board of Directors at their discretion. &All voting within the District regarding election of
23 Board Members and any actions regardin4g the normal and routine conducting . of .District
24 Business shall be, based on one (1) Vote per assessed dollar, and said business irrust. be current in
25 paynient of their,District assessments) to participate in such votes. t
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27 6,04.040 Establishment of Denefit.A.ssessment. .
28 All 'businesses, trades, and professions located within the District boundaries shown on the
29 Exhibit "A" referenced in Section 6.04,030,. shall, commencing ranuary 1, 2001, pay an annual
30 benefit: assessment to the District in an. amount adopt6d by -Resolution of the City Council ofthe
31 City ofPetaluma,
Ord, 2104I�C5
Page 5
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1 _ 6;U4.050 Purpose and Use o#'Benefit Assessanents. -
2 The types of irnpravements anal activities proposed to be fiinded by the levy of assessnnents on
3 businesses in the District are as follows: - -
d,
S A. The• acquisition, construction, installation, ar maintenance of any'tangible property Vvith
5 an estimated useful life of fire years or more including, but notlimited ta, the fallowing
. 7 - ixnpxovements: ' � � � •
• 8 1 Benches; . - •
9 2 ••• TrashzGcepts.cles; _
10 3 • Decorations;
11 �- � Facade uripraveznents; .
12 � � � • • 5 . Permanent landscaping• -
13 •• •� -
14 B. Activities including bnt not limited to the following: . ' •
15 1 promotion of public events which benefit businesses in the area and which. tape
16 place on'or in public places withintbe area; ' . .
17 2 Furnishing o�music in any publio place in the area; • .
18 3 Activities •which benefit businesses located aricl operating in the area,• includizig
19 :but xzot limited to commercial•shopping and promotional pragrarns.
20 � - ,
21 6.04.x60 Exclusions Ft•nm� �3ex�efit.Assessnnen�k. -
22 � Na person_ ar business shall be required to pay an assessment based on. (a) a residential use of
23 tlxe property within the Dzstrict, ori (b) a non-profit organization as. dehined by Section 501 (C) (3)
24 � or (C) (6) o�the Internal Revenue Sezvice Cade located within the District. , • .
25
26 6.04.070 �'evv Business Assessment'VVaiver. •
27 .Any naw business established witivn the District shall. not �� required to pay.an assessment for
28 the Billing Period during which said business is initiated. .The business will have been
29 • considet.ed initiated on the date afissuance of the busuxess•license. This waiver. shall axat apply to
3Q� an existing business that has changed ownership or location witlui�: tfie District. City agrees to
31 supply the District rovitb. timely inl~ormation regarding new•businesses initiated witlxin tlxe 17istrict,
Ord. 2l Q4' NCS
Page 6
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1 6,04,080 Collection of D owntowwBenerit Assessment.
2 The benefit assessment authorized by this Ordinance for Downtown Petaluma businesses
3 (Section 5,0 hereof), shall be billed and collected each Calendar Year, The 31D'.A.dvisory Board
4 may, from time to time, assess late charges on unpaid BID 'assessment charges.
5
6 6.04.090 'V'oluntary Contributions to District,
7 Contributions to the District shall be pernited on a voluintary basis. The. boundary, of the
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Distz�at shall not be modified as a result of the contribution, nox shall said contributing business
be considered a member of the District fox voting or other purposes. However, said business
znaldug a voluntary contribution may be entitled to participate in the programs of the Distridt
upon a fndirig by the Board of Directors that the District derives a benefit from said•business'
participation in the program.
14 6.40.100 .Annual Budget process. -
15 . Pursuant is the Act; it shall be necessary fovv the Distriot Board of Directors to present an armual-
1 b : budget• for City Council *review and approval prior to the beginning of each Fiscal Year..• The
17 purpose *of this process Is to comply with the Act provisions regarding public notice and hearing
18 . prior to establishing the benefit assessments for the following Fiscal Year. City shall not -adopt,
19 modify or,otherwise amend any Fiscal.Year budget of the District that is inconsistent iri any way
20 with said Fiscal Year's budget as agreed to and presentcd by the 17istriot Board of Directors
21 except in the case of a written majority protest (regarding eliiniriation or modification of any
22 specific Budget item) from business' owners, which will pay 50% or -more of the assessme1its
23 proposed to be levied as to any opecif'ic budget item pursuant to GC Section 36525 (b), In s6ch
24 case the written protest. regarding any specific budget item shall be grounds to el"umate or
25 • modify said; exponditti e from the District's proposed budget pursuant to the written protest:
26
27 6,1OJIO. Decisions Regarding ExpenditureofFunds,
28 As provided for within the guidelines of SB 1424, decisions of the District Board of Directors
29 regarding expenditure ofall fiords generated under this program shall be final,
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Ord. 2104 NCS
Page 7
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1 M06120 DzstrictProceeds Do Not Offset City Services.
z City specifically find's and declares that the funds derived from the District shall not -be used to
3 offset or. diminish currant maintenance, capital iznproveznent programs, -including but not lixxutod
4 to, public property and' sid6walk "cleanmi g, street cleaning -and maintenance,, tree •maintenance,
5 restroom cleaning and maintenance. The City is not bound or obligated top any specific amount
6 of funding to the District,
7
$ 6.40,130 Disestablishment bf the 1}istxict.
9 Proceeding to; disestablish the District shall. be initiated by the City Council following the
10, pkesentation of a petition to the City Council signed by business owners paying 50% or more of•
11 the assessments levied in the District. Proceedings to disestablish the District shall follow the
12 procedures set forth in GC Section 36550. The City Council shall disestablish the District j
13 following the public hearing prescribed in Section 36550 (b), Written protests are not withdrawn
.14 as to reduce the protests below the 50%* level. In the event of.disestablishntent of the District,
15 --remaining. revenues of the District shall be refunded to paying business owners in a•.pro-rata
16 manner calculated • in the same manner as was used to establish the• most recent assessrrients
17 applied in the District.
19 Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any
20 reason, held to be invalid or unconstitutional, . such invalidity or unconstitutionality shall not
21, affect the validity or constitution4lity of the remaining portions of this ordinance, it being
22- ; expressly declared that this ordinance and each section, subsection, clause M4 phrase hereof
23., would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that
24 any one or more other sections, subsolclions, sentences, clauses, or phrases be declared invalid or
25 unconstitutional,
26.
27' Seation-4. The ordinance shall take effect upon the thirty-first (31st) day after its canal passage.
28
29
Drd. 2104 NCS
Page 8
17
l 1NTROAUCED and ordered Posted/Pubiishe'd this 16th day of October 2000, ADOPTED tbis
2 20th day of November, 2000, by the following vote:
ASS: ixealy, Keller, Cada Thompsdxi, Hamilton, Maguire; Vice Mayor Torliatt; Mayor
51 Thompson
:6
7 NOES: Norio
9 .ABSENT: None
10
11 ABSTAIN: None
12
13
14 Mayor
15
16 ATTEST; AFI�O'VEI' p F RM:
f
17
19Clt�r CIeI Aitnme '
Ord. 2104 NCS 0
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Ord. 2104 NCS 0
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TY OF YE`IAILLIJMA
POST OFFICE BOX 61
PETALuMA, CA 94953-0061
David Glass
Mayor
Chris Albertson December 5, 2018 DRAFT ATTACHMENT 4
Teresa Barrett
Mike Healy
Gabe Kearney
Dave King NOTICE OF PUBLIC HEARING
Kathy Miller
Councihnembers RESOLUTION APPROVING THE 2019 DOWNTOWN PETALUMA BUSINESS
IMPROVEMENT DISTRICT ANNUAL REPORT AND RELATED BUDGET;
DECLARING THE INTENTION TO LEVY THE 2019 ANNUAL ASSESSMENT
FOR THE DISTRICT; AND SETTING A PUBLIC HEARING ON THE
PROPOSED 2019 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:
Finance Department
II English street 1. Benches
Petahona, CA 94952
Phone (707) 778-4352 2. Trash Receptacles
Fax (707) 9314667 3. Decorations
E -Mail:
finance&i.petahnna.ca.its 4. Fagade Improvements
5. Permanent Landscaping
General Services
Phone (707) 778-4384 Be Activities including, but not limited to, the following:
Purchasing 1. Promotion of public events which benefit businesses in the area and
Phone (707) 778-4352 which take lace on or in public laces within the area.
Fax (707) 931-0667 1� p P
E -Mail: 2. Furnishing of music in any public place in the area.
finance a ci.petahona.ca.us
3. Activities which benefit businesses located and operating in the area,
including but not limited to, commercial shopping and promotional
Phone (707) 778-4350 programs; and
Fax (707) 931-0667
E -Mail:
utilitybills r@i ci.petahana.ca.tts
20
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 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 F 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
21
WHEREAS, the 2019 DPBID Annual Report proposes no changes in the boundaries,
method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID 2019
Budget establishes the following budgetary priorities with estimated revenues and expenditures:
27% Security $20,250
23 % Marketing $17,250
30% Beautification $22,500
20% Administration 15 000
Total: $75,000
WHEREAS, the 2019 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 2019 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 2019 fiscal year.
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 2019 to pay for improvements and activities within the DPBID
which is attached and made a part of this Resolution as Exhibit 2 in accordance with Chapter 6.04
of the Petaluma Municipal Code and the Act. The City Council reviewed and approved the DPBID
2019 Annual Report and Budget at their December 3, 2018 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 7, 2019, 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 fiscal year 2019. At the hearing, written and oral
protests may be made in accordance with California Streets and Highways Code Sections 36524
and 36525.
City Clerk's Office
City of Petaluma
11 English Street
Petaluma, CA 94952
® In accordance with the Americans }with Disabilities Act, if you require special assistance to
participate in this meeting, please contact the City Clerk's Office at (707) 778-4360 (voice) or(/ 778-
4480 (TDD). Translators, American Sign Language interpreters, andlor assistive listening devices for
individuals with hearing disabilities will be available upon request. A minimum of 48 hours is needed to
ensure the availability of translation services. In consideration of those with multiple chemical sensitivities
or other environmental illness, it is requested that you refrain from wearing scented products. The City
Clerk hereby certifies that this agenda has been posted in accordance with the requirements of the
Government Code.
1754406.1
22
BOUNDARY MAP
EXHIBIT I
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EXHIBIT 2
Downtown Petaluma Business Improvement District
FY 2019 Annual Repof•t and Budget
16 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.
50 Surplus/Deficit Carried Over from Prior Year: None
6. Contributions from Other Sources: None
Downtown Petaluma Business Impt•ovement Distt•ict 2019 Budget Allocations
27% Security $20,250
23% Marketing $173250
30% Beautification $22,500
20% Administration $15,000
Total: $75,000
BID 2019 Proposed Projects 11.03.2019
Projected Revenue
Total Possible $ 75,000 Projected from total district data
Expected $ 75,000 Assuming 87% collections of current & collection of past due
Proposed Projects
Expected
Possible
Notes
Security Patrols
$ 152696
Private security patrols DAILY 10 mAam 52 weeks
Misc. Security
$ 4,554
Heightened secruity during holidays/peak times
Security 27%
S 20,250
$ 20,250
Destination marketing downtown
$ 2,216
Destination marketing ads & editorial in Chamber & Visitors guide
Sidewalk Sale
$ 700
Street banner $400, additional banners $150 advertising $500
Billboard Signage
$ 15569
billboard signage for peak events in downtown
Trick or Treat
$ 700
Posters, maps, ads, balloons
Social Media Campaigns
$ 500
Ads thm facebook & other social media promoting events & downtown shopping
Lighting Downtown key areas
$ 23500
New locations determined by BID Committee in key downtown areas
Holiday Merchant Event Downtown
$ 32000
Carolers, horse & buggy rides, entertainment, flyers, posters, ads
Holiday Marketing season
$ 33000
Merchant Open house, balloons, horse &wagon, entertainment, flyers, posters, ads
Holiday shopping ift guide Sonoma
$ 17200
Sonoma county Press democrat/Argus
Holiday Online ads Press Democrat
$ 500
Online ad click through to website
Holiday shopping ift guide Marin
$ 600
Marin country ads
Holiday Radio ad campaign
$ 765
Radio ads
$3010 reimbursment $2245, net $765
Marketing 23%
S 17,250
S 17,250
Street Team Cleaning
$ 57000
Downtown partnership program
Paint supplies for graffiti clean- u
$ 500
Paint, supplies for grafitti clean up in downtown core and garage
Signage
$ 21000
Directional signage to downtown
Plants/mist decorations
$ 1,500
Plants throughout downtown & specific event decorations for downtown
Holiday Lighting
$ 27000
Holiday committee recommendation for holiday lighting
Holiday Decorations
$ 61500
70 Holiday banners, 8 wreaths installatioin up and down, cleaning, updating and storage
4 seasonal banner placement
$ 5,000
Spring, Summer, Fall Banners
Beautification 30%
S 22,500
S 22,500
Administration Costs
BID local billing & collection
$ 7,500
BID processing local)
Office staffing costs allocation
$ 7,500
PDA administratwe cost allocation
Administration 20%
S 15,000
$ 15,000
GRAND TOTAL
S 75,000
$ 75,000
24
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.).
25
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.
• Lodginjj: 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.
• Financial Institutions: Includes Banking, Savings, Loan and Credit Unions.
Assessment by �'ype 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 (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.
26
PETALUMA
DOWNTOWN ATTACHMENT 5
ASSOCIATION
Om- mission is to contribute to the betterment of the Petalimna Historic Central Area and to
promote and enhance its position as the city's retail and commei4cial center•.
December 3rd, 2018
The Honorable Mayor David Glass &
Petaluma City Council Members
Petaluma Downtown Business Improvement District -Financial Impacts:
Over the past ten fiscal years, the BID has received the following from assessments:
2009 $49,932
2010 $55,757 2015 $61,940 included collections from 2012, 2013 and 2014
2011 $55,994 2016 $71,544. includes collections from 2014/15
2012 $45,176 2017 $64,795 Includes collections from 2015/17
2013 $45,505 2018 $67,458
2014 $47,000
This is the third year of local collections with Mungle &Associates providing the billing of the BID. The overall
collection of the BID continues to be up due to closer monitoring and it being easier to pursue collections on a
local basis. We have had particular success in recouping delinquent accounts since we moved to local billing in
2016.
The BID advisory committee meets monthly to discuss priorities and this past year's priorities have been in
continuing to keep an up the database for billing, and pursue outstanding delinquencies. The BID was able to
cover some of the key areas in keeping the downtown vibrant and safer during 2018. Priorities continue to be to
beautify downtown with lighting, banners and the recent painting of utility boxes to provide for a festive
atmosphere. In 2018 the security contract was continued with the expanded frequency of the Downtown driving
and foot patrol security to 7 nights a week. Marketing and events are crucial to raising the profile of the
downtown retail center throughout the year, and assisting small businesses with marketing campaigns.
Mungle &Associates will be retained as the billing agent in 2019 and will continue with the collection
process for those who are delinquent for 2017-2018, and bill out the newly identified unbilled businesses
for 2019. The BID billing will include four items: a cover letter, a BID invoice, a map of the BID area and an
information update form to help us keep up with changes of address, etc.
The BID budget is allocated as follows and approved by the PDA Board of Directors.
27% Security $20,250
23% Marketing $17,250
30% Beautification $22,500
20% Administration $15,000
TOTAL: $75,000
Attached you will find an accounting of all BID expenditures from 2009 thru 2018, a BID analysis and proposed
expenditure for 2019.
Yours sincerely
Marie McCusker
Executive Director
Historic Depot Building 210 Lakeville Hwy ,Petaluma CA 94952 vvww.PetalumaDowntown.com
Ph: (707) 762-9348 •Fax (707) 283-0528 •Email: Info@PetalumaDowntown.com
27
Petaluma Business Improvement District
c/o Mungle & Associates
d28 E Washington St., Ste A
Petaluma. CA 94952
Bill To
Sample Business
Sample Billing Address
ATTACHMENT 6
Invoice
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Phone: (70�) a41-0196 Email: petalumaBid(a�cmungle.com
Duo on or before: lurch 31, 2019
Delinquent: April 1, 2019
10% Penalty Phase: litiay 1, 2019
Downtown Petaluma Business Improvement District (BID) Assessment Fee iable
Retail, Restaurant and Antique Collectives: Businesses that buy and resell goods or comestibles. Examples are clothing stores, shoe stores,
Ace supplies and antique 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: Incudes 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.
Financial Institutions: Includes Banking, Savings, Loan and Credit Unions.
(Employees are calculated on full-time hours. Part-time employees should be added together to get a full-time equivalent.)
Descrlptlon of Business Zone A Zone B Zone C
Retailers and Restaurants:
0-3 employees
4-6 emplovees
$ 150.00
$ 250.00
$100.00
$ 166.00
$ 50.00
$ 83.00
Antique Collectives:
0-3 employees $ 150,00 $ 100.00 $ 50.00
4-6 employees $ 250.00 $ 166.00 $ 83.00
7+ employees $ 350.00 $ 232.00 $ 116.00
Serv
ice Businesses:
0-3
10 1 125.00 It
usnesses: $
employees
$ 100.00
$
75.00
$
50.00
4-6
emplovees
$ 200.00
$ 150.00
$ 100.00
Lodging:
1 0 10 rooms $ 150.00 $ 150.00 $ 150.00
11 - 25 rooms $ 250.00 $ 250.00 $ 250.00
26+ rooms $ 350.00 $ 350.00 $ 350.00
Enter # of employees, operators, dealers or rooms:
(Employees are calculated on full-6'me hours. Part-time employees should ba added together to get a fulldime equivalent.)
In the table above, please circle fee assessment and enter amount due: $
If Pald after May 1st, 10% Penalty: $
ioial Due:
(Nlalre Checks Payable %: Downtown SID)
29
82.00
$ 41.00
Financial Institutions:
$ 500.00
$ 500.00
$ 500.00
Lodging:
1 0 10 rooms $ 150.00 $ 150.00 $ 150.00
11 - 25 rooms $ 250.00 $ 250.00 $ 250.00
26+ rooms $ 350.00 $ 350.00 $ 350.00
Enter # of employees, operators, dealers or rooms:
(Employees are calculated on full-6'me hours. Part-time employees should ba added together to get a fulldime equivalent.)
In the table above, please circle fee assessment and enter amount due: $
If Pald after May 1st, 10% Penalty: $
ioial Due:
(Nlalre Checks Payable %: Downtown SID)
29
Petaluma Downtown BID
Business Update Form
Remittance Address:
Petaluma Downtown BID c/o Mungle & Associates • 628 E Washington St, Ste A, Petaluma, CA 94952
Phone: (707) 241-0195 Email: Petaluma BI D(Mcm ungle.com
Instructions: Please complete this form if you have any changes to your account. To ensure that we have the correct
information regarding your business and the number of employees you have, please update applicable sections on this
form and return with your BID payment and remittance form to the address listed above. Thank you for taking the time
to provide updated information on this form.
Business Name:
DBA:
Business Mailing Address:,
Account #:
(Address/City State/Zip)
Business Physical Address:
(Street Address/City State/Zip)
)wner's Name: Owner's Phone: ( )
Business Phone: ( ) Business Fax : ( )
Contact Person: Contact Phone: ( )
Email Address:
Description of Business:
Function of Company:
Landlord's Name:
Business Classification (select all that apply):
❑ Retail Business or Restaurant
❑ Antique Collectives
Tvoe of Business (select
o Sole Proprietorship
❑ General Partnership
❑ Corporation
Landlord Phone:
❑ Professional Business
a Serv
ice Business
❑ LLC -Single Member
o LLC
-Multi Member
o Governmental Agency
o Financiallnstitution
❑ Lodging
❑ Professional Association
DLLP
❑ Other (please explain)
Business closed or no longer doing business in the municipality? Please complete the below information and return either by
Fax to 707-765-1583 or by email fo Downtown BID at PetalumaBlDCu�cmungle(a)com.
I hereby affirm that my business indicated above closed oris no longer operating in the above mentioned municipality as of
(Date business closed).
Signature: Print Name:,
Form Completed By:
nt Name:
30
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