HomeMy WebLinkAboutResolution 2019-009 N.C.S. 01/07/2019Resolution No. 2019-009 N.C.S.
of the City of Petaluma, California
RESOLUTION ESTABLISHING THE LEVY FOR THE 2019 ANNUAL ASSESSMENT
FOR 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. 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. 2019-009 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 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, in accordance with Section 36533 of the Act, the City Council has
reviewed and approved the 2019 DPBID Annual Report and Budget submitted by the DPBID
Board of Directors at the regularly scheduled and duly noticed December 3, 2018 City Council
meeting; and,
WHEREAS, in accordance with Section 36534 of the Act, at the regularly scheduled and
duly noticed December 3, 2018 City Council meeting, the City Council adopted a Resolution of
Intention to levy the 2019 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,
Resolution No. 2019-009 N.C.S. Page 2
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 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; and,
WHEREAS, in accordance with Section 36524 of the Act, on January 7, 2019, the City
Council held the public hearing on the 2019 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 Section 36525 of the Act, following the public hearing
on January 7, 2019, 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, BE IT RESOLVED that the Petaluma City Council hereby
levies the assessment described in the DPBID Annual Report and Budget for Fiscal Year 2019,
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 the Act.
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 ApprovQd"to
Council of the City of Petaluma at a Regular meeting on the 7 1 day of January is
2019, by the following vote:
City Attorney
AYES: Mayor Barrett; Fischer; Kearney; Vice Mayor McDonnell, Miller
NOES:
None
ABSENT:
None
ABSTAIN:
Healy; King
ATTEST:
qCiCl,rkL
Mayor
Resolution No. 2019-009 N.C.S. Page 3
BOUNDARY MAP EXHIBIT I TO RESOLUTION
Resolution No. 2019-009 N.C.S.
Page 4
EXHIBIT 2 TO RESOLUTION
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.
• Financial Institutions: Includes Banking, Savings, Loan and Credit Unions.
Assessment by Type of Business Within Zones
Financial $500 $500 $500
Institutions
Lodging (1-10 Rooms)
ZONE A
ZONE B
ZONE C
Restaurants and
$250
$250
$250
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, 2019-009 N.C.S. Page 5