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HomeMy WebLinkAboutAgenda Bill 5.A 11/15/2004h ' { p CITY CALIFORNIA ,�,O A2end a Title Discussion and Action Adopting a Resolution 1VIeetin%! Date November 15,2004 Approving The 2005 Downtown Petaluma Business _Improvement District 'Annual Report. And Related .Budget, Declaring The' Intention To Levy The 2005' Annual Assessment For The District, 1VIeetin2 Time Z 3:00 PM And Fixing A Time And' Place ;For .A Public Hearing On The ❑ 7:00 PM Proposed 2005 Annual Assessment Consent Calendar Cate2ory (check one) ❑ Pub'lic'Hearing New Business ❑ ❑ Unfinished Business El Presentation Department Director . ContactPerson Phone Number ED & Redevelopment Paul Ma' r" angella Paul Marangella' 7784581. Cost of Proposal 0 Account Number NA Amount. Budgeted 0 Name of Fund NA ,- Attachments to Agenda Packet Item 1.' Annual Report from.the Business Improvement Distna to the Petaluma City Council 2. Resolution of'Intention to Levy an Annual. Assessment 3. Corres ondence from the P p etaluma Downtown Association (PDA) 4. Ordinance 2 N.C. S. SA'mrna Statement In November 2000, the Petaluma City Council adopted Ordinance 2104 N .C.S, establishing the Downtown Petaluma (BID). In the ordinance, a Board of :Directors is ,established to administer the affairs of the District. Under section 6.40.1:00 of the Ordinance 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 enti on to levy an annual assessmen t for Fiscal Year 2005. The fiscal year for the BID. ins on 1 be g Y purpose ose of this item is to resent the BID Annual Rep and Pro osed 2005 Downtown BID Budget ".for and request that the City Council adopt a o intention 9 Y p ent> on to, levy an assessment for' FY 2005. Recommended. City Council Action %SuLwested Motion It is recommended1hatthe City Council adopt the attached resolution approving the 2005 Annual Report of the Downtown- Petaluma Business, Improvement Disti* ct. and related Budget allocation and call for a public hearing on December 6, 2004; at .3° p.m., at the Petaluma City Council Chambers, 11 English Street, Pe a, California to levy th 2005 assessment. evie ed'b `Fi<na ce Director: Revie. ' ><. e : A . yCit Manner: Date ,,, ate. 9; 2004 . ' e; Revision # an a e e v> & ' File ode: f , 10/2f/ # H;\ pm\ Agenda2005staffReport111504Fina }.doc 1 v r 1 X004 • CITY 'OF PETALUMA , CALIFORNIA NOVEMBER 1'5, 2004 AGENDA REPORT FOR .DISCUSSION ANDACTION ADOPTING A RESOLUTION APPROVING THE, 2005 DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND RELATED BUDGET, DECLARING THE INTENTION., TO LEVY THE 2005 ANNUAL ASSESSMENT FOR THE - DISTRICT AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING .ON TIDE PROPOSED 2005 ANNUAL ASSESSMENT 1. EXECUTIVE SUMMARY In November, •2000, the 'Petalurna City Council adop Ordinance 2104 N:C.S, establishing the Downtown Petaluma Business Improvement District (BID). 1#. the ordinance, a Board of Directors .. is established to administer the affairs of the District. Under section 6 46.,100 of the Ordinance, 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 for Fiscal Year'2005. The fiscal year, for the BID'begins on January 1` Therefore the ose' of t � ' is to resent the B pure hi's item p ID Annual Report and Proposed 2005 Downtown BID Bment and a r rovin 200 t that the City Council adopt" a resolution of intent to levy an annual s approving . 5 Annual Report of 'the Downtown Petaluma Business Improvement the Petaluma City Council' Chambers, 11 English Street Petg on December 6, 2004, at 3 p.m., at District and related Budget allocation and call for a public, hearin g aluma, California to levy the 2005 assessment. 2. BACKGROUND The types of improveme ' s ' 'd activities proposed for funding by levy of assessments on businesses in the District include: Sales /Marketing 32 7 These funds are used to ;supplement additional funds paid by individual merchants for the combined marketing efforts to create public awareness of thematic events occurring in the downtown i:e.. Sidewalk Sale, Trick, or Treat: `Trai , Antique Faires, and other downtown events. The Petalurria Downtown Association develops joint marketing agreements using these funds and utilizes the combined buying power of the PDA and smerchant c ants rn rnuruty to obtain favorable prices for advertising that would not ordinarily be available to the :individual merchant. Beautification - 32 % - A volunteer committee meets to consider :requests for investing in beautification projects downtown.:A main. focus of the committee• •will be to maintain the new landscaping. installed by the�PCDC. Administration, 20% Cohecfed „funds go to a portion of the: °;day -to -day operations of the PDA office. Cost, centers include rent, salary expense, even administration-. t coordination, and BID project Security 16; %o The PDA contracts, currently with Grapevine Security, for coverage of the general downtown area to be performed on a regular nightly schedule. (The administration of 2 this contract is not to be' confused with a separate contract not paid .for with BID funds for the Keller Street Garage.) The City of PeUuma hag performed the `billing ;services, for the BID.. It Was originally estimated. ihavthe BID would generate; in excess of $75,00.0 annually: In FY 2004, it was! esf mated that improved billing and communications would result in approximately 90% of the BID members paying, their- assessments an increase ,of "300 %. However; thi is still an. ,estimate at the time of the writing of this ;report. Because billing occurred' late this; year all funds have not yet been received for, the 2004 Assessment. Delin uent accounts will be q sent to collection after! November 1. Due to. this Timing year -to -date revenues from the BID are short of that estimate. 3.. 0 With respect; to the 2005 BID Assessment, the PDA acid Finance Department; are working to include the y _ ' ... Therefore 2005 BID t Assessm`ent on the 2005 ' Business License bills issued .in December time is of the essence .in obtaining City .Council approval for the 2005 assessment. The 2005 Annual Repot does riot - propose to change the district boundaries,, increase the assessment or mod! "fythe method dPassessment. ' a ALTERNATIVES None There alternative process'established in'Ordinance 21.04. N.C.S. FINANCIAL IMPACTS Over tl e�past four years,. the BID has received the following from assessments; 2001 $27;633 . • 20021 ' $37,202 ® 2003 $23,$62 e .2004 $40,00.0 yearAo -date (collections are currently in progress) • The'BID Board of Directors has allocated the,proposed budget of $72,000. The BID"budget.is allocated as follows: • 32 - Beautifi'caton. $23,040 32% Marketing $23;040 • 20% Administration $14,400 • 16 % Security $11 - Total: $72 z 0 CONCLUSION The BID .Board °:of Directors has submitted its .Annual�'Report and 20.05 Proposed Budget: The City Council, is requested to adopt a- resolution,of intent to -levy an anhudl assessment, approve the annual, report and call for a public hearing to levy the assessment. assessment `will �be issued on the Business. License Tax bill in December 20 resul'ti'' The.BID 04, mg m more streamlined billing and collections. 3' i 7: RECQI mE' NDATION Y y pt the attache y an assessment p It is recommended that the "Git Council. ado d resolution of intent- to levy and approving the 2005. Annual Re ort of the. Downtown Petaluma Business Improvement District and related. Budget allocation and calling for a .public hearing on December 6, 2004, at 3 p:m.; at the Petaluma City: Council. Chambers, H 'English Street,' Petaluma, California to levy the 2005 assessment. 4 Annual Report from, the e BSI). to the Petaluma City Council p ovement District Downtown Petalurria business Improvement FY 2005 Annual Report 1. Changes in Boundaries:.: 'None are proposed. 2. Chan es in the Basis! or Method. of As sessment: None are proposed. g _, 3. Changes in Classification .of Businesses; None are Pr oposed 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: Advance from PDA cash reserve for prior 3 years. Downtown Petaluma Business Improvement District 2005 Budget Allocatiofs ° 32% ® 32'% ■ 20 % 16% Beautification $23,040 Marketing $23;040 Administration $14,400 Security $11,520 Total: $72;000 Sales /Marketing - 32 _- These 'funds are used to supplement additional funds paid by individual merchants for the combined marketing efforts to public awareness of thematic events occurring in the downtown; i ..e. Sidewalk Sale, Trick or Treat Trail, Antique Faires, and other downtown events 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 4dvertising hat would not ordinarily be available to the individual merchant. Beautification, b autifcation ro ect ° downtown. der :requests for investing in A main focus of the committee projects e will be to maintain the new landscaping 'installed by the PCDC'. ° g a portion of the day-to day, o p era tions of the P n- 2�0� /o - Col, p DA ,: office. C sf 'centers inc lude ren funds go event coordination, and BID project administration. e riy', 16 /o', - The PDA contracts , withGra evine, Security, for coverage of the a y ° y ' p, � y g c ne r t1. owntown 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.) 6 Types of 'Businesses Assessed Retail and Restaurant: Businesses that buy andresell -goods, examplesare clothing stores, shoe stores, office supplies and businesses that sell,prepared foods,and drinks: Antique CollectiVes Includes such businesses and business locations that represent - nultiple dealers of anti ue merchandise'within one location. Service )Businesses;,. Businesses that sell services. Examples ­ are beauty and barbershops; °repair shops, most aut0mbtive -'oriented businesses, entertainment businesses, such as. theaters, `etc. Lodging: roomsbylhedayor week to community visitors O tometrists es e Brokers, and mostCO'therrgineers, Attorneys, Dentists, Doctors, Accountants, p Mortgage g businesses that require advanced ,and/or advanced academic degrees. Financial Institutions: Includes banking' and .savings and loan institutions as °'well as' credit'uruons, etc. AcePccmanf }w 7XT"a. 117;41.;.. 7 - Restaurants.,& Retail' • Zone A _ _$150 (1 -3 Employees) .. •$250. -(44 Em loyees) Zone B . _ $100 (1 -3 Employees). $16614-6 Employees) Zone C $ 50'(1 -3 Employees) . $ 8s3' '(4-6 Employees) $350 (7+ Employees) $232 (7 + Employees) $116 :(7+ Employees) Antique Collective's $1!50;:(1 -3 Dealers) $100 (1 -3 Dealers) $ 50,(1 3 Dealers) $250 4 -6 Deal ers - ' ( ) $1,66 (4 -6 Dealers) � $ 83` (4'- 6.Dealers) $350(7+ Dealers)- $232 (7+ Dealers) $1;16 (7+ Dealers) Service' BASinesSes $100 (1 =3 Employees /Operators) $ 75 (1 -3 Employees /Operators) $ 50 .(1-11E b oyees Operators) , $200.(4-6 Employees /Operators) $1 % 50 , (4-6 Employees /Operators) „. $1,0Q (4 -6 Employees /Operators) $300 (7 +'Employees /Operators) $225 Employees /Operators) $150 (7+ Employee`s /Operators) Professional "Business $125 $41 Financial Institutions $500 $50.0 $500 Lodging $.150 ( -10 Rooms) $•'150 '1- - 0 Rooms) ) $150 (1 -10 Rooms) $300 (11 -25 Rooms) $300 (1.L -25 Rooms) . $300 (11,-25,Rooms) $45'0 (26 +Rooms) $450 (26+ Rooms) - `$450 (26 +Rooms)' ses categories Will be charge according ' g to the numlier of.dealers /o erators active within one location. Note: Businesses in the Anti ue Collectives and Services Busines P 7 Attachm-Ont 2 APPROVING THE 2005 DOWNTOWN_ YETALUMA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND) RELATED BUDGET DECLARING THE INTENTION TO LEVY THE.2005 ANNUAL, ASSESSMENT FOR TILE DISTRICT, AND FIXING A TIME .AND PL ACE FOR A PUBLIC HEARING ON THE PROPOSED 20.05 ANNUAL ASSESSA EN;T WHEREAS, n.November 20, 2000,'in accordance;,with California Streets and Highways Code Section 36500 et seq.. ( " the Act "), the Petaluma City Council adopted .Ordinance 2104 MC.S.,, later codified as Chapter 6.04 of the Petaluma Municipal Code;` establishing° the Downtown,;, Petaluma Business Improvement District ( "DPBID"), within the area described n 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 fve. years or-- more including, .but not limited to, the following ® improvements: 1. Benches 2.' Trash- receptacles''. 3. Decorations e 4. Fagade iri prouemehts 5. Permanent landscaping B'. Activities 'includinZbut n6t 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 OT music in any public place. n the.ar -ea. 3. Activities which benefit businesses located and operating in the ,drea, including but not limited to commercial shopping and promotional programs; and WHEREAS, under section 6.Q 100 of the Petaluma Municipal Code the Board of- Directors established to govern the :affairs; of the:W.BID 4niist present the City, Council with an annual re p ort an d budget ,for review, and approval prior to'Ciiy Council consrderaiionof levying al.benefit.assessment for the following fiscal year- and q 0.0 are in accordance with the Act; WHEREAS the, requirements of Petaluma Municipal Code Section 6.04.1 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 # ptten and.,oral protests may be •made concerning levy of an annual assessment, and adoption of a resolution 'Proving the annual report and levying the'assessmenf; and „0 8 WHEREAS, Section 3.6535 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 furnishin of s ecified 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 aril shall clearly set forth the irregularity or defect 'to -which the.objection is made.. B. Every written.protest- shall;be filed with the clerk .at or before the tune 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 maybe withdrawn in writing at any I time before the; conclusion of the public_ heari ng.. C. - Each written protest shall contain a description ,of the business in which. the person subscribing the P rotest is interested sufficient to identify the' business and, if a person subscrili'ing. is not. shown on the official records of the City as the owner of the ,business the protest`shall contain'of 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 maj "ority 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 fur -they proceedings to create the specified `parking and business improvement area or, to levy.the proposed - assessment, as contained in the•resolutior.of intention, shall be taken for a period of one year from. date of the finding of a inajoiitypr_otest by the city council. E. If the ajority protest is only against'Ahe 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 City Council has ;reviewed and .discussed the 2005 DPBID Annual Report and ,Budget, at a duly noticed public meeting. n a (cordance with. State law" and WHEREAS, the 2005 DPBlD Annual Report - proposes no changes in the boundaries, method of assessment; or rate of assessment related, to the DPBID; and WHEREAS, the proposed ADBID 2005: Budget establishes the following budgetary Ypriorities with. estimated revenues and expenditures as specified in the 005 PDBID. Annual Report. 32 % Beautification $23,040 , 32% ., Marketing $23,04;0 20 %. Administration $14,400' 16 % Security $11520 • Total,: $72 9, WHEREAS, the 2005 Annual Report: of the DPBID- is on: file at, the City Clerk's Office :for public review and contai Y , a full and detailed description o' p ties to be provided. for the 2005 fiscal ear the boundaries of "the DPBID and benefit zones and the 'DPBID, and the proposed assessments to be levied on businesses in the DPBID -for the 2005 fiscal'year. NOW, THERE'F ®RE, BE IT RESOLVED b , y�the,Petaluma City Council as follows: The above recitals are tru y 1 ` 1.' e and correct and.hereb declared to be ,findings of,the Petaluma City Council 2. The Downtown Petaluma 'Busines "s- Improvement District. ( "DPBID") 2005 Annual Report and related budget; which is attached to and made a part of this resolutibn ;as Exhibit 2, is hereby preliminarily approved. 3. The billing improvements recommended in the staff report are hereby preliminarily approved. 4. Subject to California Streets >and Highways'Code Section 36500, et seq. (the "Act ") and a public hearing 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 2005 to pay for 'improvements and activities within the DPBID in accordance with Chapter 6. 04. of the Petaluma iiMunicipal 'Code and the Act. p g at 3 m tli&Mdl CityCoun ' Chambers, 11 11 11 5. A public hearing will occur .on December 6 2004, p. uma English Street, Petaluma, California, concerning levy of the assessment proposed for the DPBID for fiscal year 2005. At the hearing, written and oral protests maybe made in accordance with California Streets and Highways Code 'Sections 36524 and 36525. The Petaluma City Clerk is hereby ,authorized and directed to publish. a copy 'of this resolution in accordance with California Streets and.,"Highways Code ,Section 36534 in a newspaper.of general DPBID in the Cit of Petaluma at least 7 da ys before the, public heari n: on levy of the proposed 2005 circulation' y g y P assessment. Adopted this 15th day of November, 2004 by the vote: Glass Harris Healy Moynihan O'Brien Thompson Torliatt Coulkilmember Aye No Absent O TTEST . : Gayle Petersen, City Clerk David Glass, Mayor 10 11 Boundary of the "Petaluma Downtown Business Improvement District 11 MAGNOLWAVE i p rn n F 9 P < " i 1 of I I -.I '. ��srq sr . �? e � P �'GR �R 3� BUSINESS IMPROVEMENT 55 LA p II hqY � G � � NS h � rF/Vj � Q P �4 DISTRICT ' F y I II' o q�p i yOR q �Ftiti O R s,'� PETALUMA DOWNTOWN F Viz. ASSOCIATION G N� RFt Y 5Z �^y � Rr f OS tb o . `co ci � e4 NOVEMBER 2000 l �` yST c . O, o� GP` 8• \ih �T ( /' � . o 4 1 ! Gj . S09 CITY OF P E T A L U M A N � 5� CALIFORNIA � yam. kil �� Od a l 1A Is L? 7 'J1 O ` �? , � . i 1 � i - �.�,• r c� `� cr % _ � ? � ' � �S`9c . • r � ��� �J , r � i t'• ��o� l N tr y p 0 PEG'S �' PRtNP� ♦ a , O T.• -.� 4L i f v . y yR _ �l b OSr < s a�t CF i - -- Y- - I TSJ� � ' r y �„ ����✓�,�,:�� j' �.,J - -. - .• - . �I . -_ I I r! b i f!! I i (i i e• ' I - t rS t / j r BADE GAAVE -r-: _yYVASti1NGTON ST �•� ;1 ` y , iZr + 1 > ! 9 Legend ffiS • ��-� J �� �x , y �� � ,I.{ I t,t _ Y ` , {, e ry e � •.. D , �4 �:�� .- owntown BID � /� ` �FEVII.LE HVyy City Limit j Note Labels represent zones within the Business Improvement I A TF� DES 5� �.I7�j >,! >' t District �yrt O f / I 4Try. MIS !' { ✓ 7T, J �j p' `. f 1 ; IPA r ,` U,J - •`y . t / 'mow ( i � �'� #3lri F �• j ' I P AP q�� 't/' 1 STy � � .•`".. `M J . � - �,_ O ��sr 90 � OJ. ! fv CNEAR CIR a �. ..a++ ryS F� Sy O +++::: jr j-. J _ f .�..7` l r7 _ j ( ST r BT .~ �!LO - , � ;i':T Y�� � tI .,I CF ( d" i EAST, 4' o - r , � ^Sp y r owtiCT Spy .4 00 2 syKFRCT- w - __1 z j 0 255 510 1,020 1,530 2,04eet e / r ?fi7 1 o ti r� I ' ��6 INF BS n •r i° I �, r \ : ` 1 ' r r. •_I I DISCLAIMER � RST ory t MI I DRS These maps or plans were compiled and or digitized via electronic y G, 5 - - _ .••t 'i I I �,� I �.. _ - - - - ° --I means utilizing many source documents. It is intended to be t -MR L Jig µ I t PAP . , O O L IVE SS _� I I - , - __... representative of certain physical, legal and geometric features r yEW f I , FaRCF •�•9(,' ._ - - 1 , '•.I . � 'ME, WGLEN k _ within the City of Petaluma. CA and its environs. The existence or location of f acilaies must be field verified and this document does not imply or guarantee neither adequate capacity nor the availability J T•.{. r NOB NILL - _ _ F - 77 ; 1 , - ' -' N - ,t I i i _� - _ I' �, of service The City of Petaluma assumes no responsibility regarding I I - ST - _ -, ...s_. - 't. i hAI iEY.AVE - _ �••�• �••� herein for le LL.� ` ', 7zT �,. _ _ the accuracy of the information presented a 9 r-- -r — HAY - S LN I I ! j - _ - y ST. - t t - Il -� i r- ti...... i - �� : ., ty _ _ �„ documentation. representations of actual construction or for any -- "W_EL ROSE DR -- EL`ROSE DR_ 1' 4 I -- other purpose for which this map was not intended — ---- — - L I - i_ 4 { ~i" �EAr,.cT. �Jr1 ? �"� ' (I GIS Division, April 7, 2004 S I�. UNNYSI T OPE AVE_ , . - � -� , � li _ I I- - ` - ti � � _ p i Exhibit 2 Downtown Petalu>ta�a Business Im ptove eut District FY.2005 Report, y , - 1. 2. 3. 4. 5. ,6. Changes in Boundaries:: None) are-proposed. Changes in the Basis or Method of Assessment: None are, proposed. Changes in Classification, of Businesses: improvements/Activities None are proposed. Sur e fi Carried ®o. be Undertaken & belated Budgets As proposed in the budget below. Surplus/Deficit ed _ ver, from Prior Year.: None Contributions from , Other, Sources: Advance from PDA cash reserve for prior 3 years. Downtown :Petaluma Business Irnpr ®verr�erit 'District 2005 budget A11acat 'ons 32 %0 Beautifccatl`On $23;040 32 % l�%Iarke>tiug $23;040 20 Ad'mini ® stratio» 14 9400 ' ® 16% Security $11;520 Total: $72,000 Sales/Marketing 32% - These. funds are used to supplem ° ent additional 'funds paid by individual merchants o c curr ing combined marketi Sa'le Tri� k Tr re Tre t awareness .of thematic for the g p ail, Antique Faires, and other downtown even do vents PD develops - o do A m � ewa g gr n w ith the merchants using ntown i e. Sid utilizes the, combined buying t . owert of the° PDAand these funds and prises for ad g ,that would not ordinarily `be available the nd�ty to . obtain favorable vertisin "` � victual merchant. ° , volunteer ' meets to consider requests for i nvesting iri beautification ro ects. dwn o eauti ication - 32 /o A town... A main focus committee of the 'committee' will 'be to - maintain the new landscapmg.ins alled b,y the'PC Administration 20 / Collected office: Cost centers include rent fu nd s alar to expense, P ion of the day -to -day operations of the PDA °° ,, event coordination, and BID project tr" admires ation; Ilk o� he_ r PDA contracts, currentl p S everal downt wn area to be , a 'wrth Gra evme Security, for coverage of the performed on a regulr°mghtly,,,schedule. (The administration of K this lle�StreetrGa a t to'be confused with a.separate contract no't paid for with BID funds for the g ) , 12 %T1 . yq Typ es of Businesses Assessed Retail 'an &kestaurant: Businesses .that"huy and resell goods, examples pare clothing stores,,:shoe 'stores; office supplies° and businesses that sell prepared foods and drinks. .e Antique> Collecti*es Includes such bus'ines`ses and business that represent,multiple dealers of antique merchandise Within one= location. Service'Businesses: Businesses' that sell Exam les - are beauty and barbersho s° .' air sho s p Y p., p p most:automot>ve- oriented businesses, entertainmenfb..usinesses, such as theaters, etc, Lodging: Includes renting rooms the, day' or week to community visitors. Professional B'us><nesses:, Includes;Architeet"s Engineers, Attorneys, D,eritists, Doctors,. Accountants, Optometrists .1Vlortg.-ge Brokers,.and most other businesses that.require advanced and%or advanced academic degrees. Financial „Institutions: Includes banking and savings and loan institutions as well as credit unions; etc. ) AcencemPn +'hv- T.�.,:o :,F i2„�, r7..��_ Note: Businesses in the Antique Collectives and Services .Businesses categori es will be charged according1to the number of dealers/operators active wit hin.one.location. 13 - Zone A 'Zone B Zone G Restaurants: & Retail` $l56 (173 Employees) $250 (4 -6 Employees) $3,56 (7+ Employees) ' $1 =00 (1 -3 Employees) i $`166 ".(4 -6 Employees) $232 (7+ Employees)i $ 50 (1 -3 Employees) $ 83! (4 -6 Em loyees) $116 (7+ Employees) Ante_ ue - oheetiyes $150 =3 Dealers )� $1.00 (1 3 Dealers) $ 50;(1 -3 Dealers), $250 (4 -6 Dealers) $166. (4 -6 Dealers) $ 83. (`4 -6 Dealers)' $35:0 (7+ Dealers) $232' (7+ Dealers) $146(7 .Dealers) . Service Businesses $100 (1 -3 Employees /Operators) $200 (4 ,6 Employees /Operators) $ 75 (.] ° =3 .Employees /Operators) .; $1 4 =6 Em 16yges/O erators ( p X P, ) , $ 5Q: (.1 - 3 Employees %Operators) &A 4 -6 Em to ees/O erators $300,(7+ Employees /Operators) $225 (7 +. Employees /Operators) $150 7 +.: Em to ees /Operators) Professional ;Business ;. $125 $82 , , � $41 Financial Institutions :S500, $500 `. $500 Lod in $150 (:1 -10 Rooms). $;150 (a: -10 Rooms) $150 (1 -I.0 Rooms). $300 (1 1 25 Roarris)_ $450 26+ Rooms $300.(11-25 Rooms), $450 (26+ Rooms) _$300 (11,-25 Rooms) _ ._ $450 (26+ Rooms) Note: Businesses in the Antique Collectives and Services .Businesses categori es will be charged according1to the number of dealers/operators active wit hin.one.location. 13 1 32% }Mirketang � 1, 5 Ad�aiaiast%ataoga Y f ® Y - t - 16% Secaarnty` -� t ``Total s $72 000 ` } 1 G{ 1 On behalf of The Aetaluma Downtown Asso of ciation Board Du ectors Sincerely X.7"' , Mahe Mc usker Executive Director .I t o 1 F-F I \ S Petaluma Dbwnto Association' _ ' it J Ji' ` .S . �ayant Moyaaalian Si 1Vlal ;e Har -ras 1 I 1 - 1Vlake Heal It ; � t I 1 �, I , 1 � I f t >� ,4 �6 Blvd North Suite B 6, Petaluma Cahfor`nia 94952 707 762:93484 fax 707 762 4317 www etalumadowntown com , � { n p li.l Y �'n ; :, ,t 'e 'r � {I, •.�,a, , � u � r ,r 4 � 1 i�.�^ �u �.. � � .... -Y,. .i r: �t ` ! - .;r�� Attachment 4 Ordinance 21.04 N.C.S. • ®. 15 i y F . _ 7 1 3 4 6 7 8 9 10 11 12 13 14 is 16 17 ORDINANCE N 2104 N. C. S. Introduced by Councilm6mber' Matt MaLluire Seconded by Councilmember . Pamela TorIiatt AN ORDINAN "' CE OF THE OUN IL O]F 4 a� _ ' PETALUMA, CALIFORNIA,- ADDING CHAP R 04 TO: T p 1'HE CITY OF HE DOWNTOWN E I>MA MTJNICIPAL CODE ESTABLISHING T TALUMA BUSINESS PI DROVE NT�DIS ' - RECITALS: . g P 000; the City Council o f Petaluma, on behalf of the City of 20 VG HEI2E on f' Se tember 18 2 Petaluma, the "City"), ado pted ' Resolution #00- .177 N.C.S. (the ..`.`Resolution " "), declaring its 21 intention to establish a Parkin g an'd Business Improvement District (hereinafter referred to as the 2 2 '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 26 Law of 1989, Part 6 (commencing with Section 3,6500) of Division 18 of the California Streets 26 and Highways Code (the "Act "); and 2 7 8 W FlEREAS pursuant to the Act and the Resolution, City conducted a public hearing, after 29 having given due notice thereof as required b > au > r on October 16, 2000, at 7:00 PM, at City 30 Hall, 11 English Street Petaluma, California;, an d 31 , � HEREAS - ^ � ' said public e hearing has been h ld and the, City Council has heard and considered � all oral and wrAtein: protests and, other comments regarding.su'ch proposed actions .and` Ord. 2] 04 NCS r Page.] I V4'.B[EREAS; adjustments may be made in the assessments or charges to businesses in the or, in the uses to which the revenue shall be put as specified •in this Ordinance and • District, 3 subject to Board approval, provided such changes are made by a supplemental Ordinance 4 adopted after a hearing before, the City Council; and, 5 6 WHEREAS' for purposes of the assessments or charges to be `imposed' pursuant to thi 7 Ordinance, this City Council may make a reasonable classification of businesses, vng consideration. to various factors lnclfidinggeneral benefit to businesses and the degree of benefit 9 received from District programs; and 10 11 'WHEREAS ,the assessments or char es levied on businesses ursuant to this Ordinance, g. p 12 shall, to the rnaxunurn extent feasible„ ,be levied on.the basis of 'the; estimated benefit to the` businesses 13 within the District: 14 15 NOW, TBIE REFORE, THE CITY. COUNCIL OFT CITY OF PETALLTNIA DOES 16 ORDAIN AS :FOLLOWS: • 17 Section 1. Resolution of Intention, Publi c Hearin g and 1Findin g s. The Recital's Hereof, which set 19 forth facts - regarding. -the adoption of Council 'Resolutions, the conduct of hearings 20 public` and certain findings :of the City Council, are true and correct and Mi corporated,her " `reference: by -21 22 Section �. - • a CHAPTER 6.0'4 ,is hereby added to the Petaluma Municipal' Code; providing as: 23 follows: 2 4 26 CHAT. TER :6. pOVV1 TI OViTN PETAL UMA BUSM DVIPROVEMENT DISTRICT: 26 . 27 6.M.010 Definitions. 2' S In order to distinguish between. n ,District businesses and° for the purpose of calculating and 2`9 applying- t}1e amount of assessments owed; the following definitions shall apply: 30 , Ord. 21 04 ACS Page . I G. Financial: Banks, savings & loans, credit unions, etc.. H. Calendar Year: "Calendar Tear" means .January St to and including December 31st of 4 the same year. 5 6 1. 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. 8 9 6.04.020 Establishment of Boundaries.. 10 A Parking and Business„ Improvement District is hereby established pursuant to the Parking and 11 Business Improvement Area Law, of 1989, Streets and1t# ways 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 b6-known as the "Downtown Petaluma Business Improvement 15 District" (the "District"), 16 �7 6.04.030: Establishment of'D` istr,ct Board 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 of businesses within the District. Within the Board there 20 shall be a President, `Vice- President, Secretary and Treasurer :elected b the membership and 21 such other officers as deemed necessary by the Board. Such other offices appointed shall be by 22 the Board of Directors at their discretion. A vofing within the District regarding election of 23 Board Members and any actions regarding the normal and routine conducting of District 24; Business shall be based on one (1) vote per assessed dollar, and said business must be current in 25 payment of then District assessment(s) to participate in such votes. 26 27 6.04.04:0 Establishment of Benefit Assessment. 28 All' businesses, trades, and professions located, within the District boundaries shoum on 29 Exhibit "A" referenced in Section 6.04,030, shall m nuary 1 , � 001 > P Y an comencing Ja a ann annual 30 benefit assessment to' the District in an amount adopted by Resolution eta of the City Council of the • City of Pluma. Ord. 2104 NCS Page 5 1 6.04.080 Collection of Downtown Benefit 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 BID Advisory Board 4 may, from time to time, assess late charges on unpaid BID assessment charges. ry 5' 6 6.04.090 Voluntary Contributions to District. 7 Contributions to the District shall be permitted on a voluntary basis. The bou 8 District shall riot be modified as a result of the contribution, nor shall said contributing bund� of the siness 9 be considered- a member of the District for voting or other u 10 making a "voluntary contribution may be ,entitled t P rposes. However; said business o participate in the, programs of the District. 11 upon a finding; by'the Board of Directors that the District derives a benefit from said business' 12 participation in the program. . 13 14 6.40.100 Annual Budget Process. 15 Pursuant to the Act, it shall.be =necessary for the District Board of Directors to resent P an .annual 16 budget for City Council review and approval prior to the beginning of each; Fiscal .fear. The 17 purpose of this process is to comply with the Act provisions regarding public notice an 1 8 prior to establishing the benefit assessments for the foll owing Fiscal Year. Ci hall ri d hearing ty s _ of adopt, 19 modify or otherwise amend any Fiscal - 1 1 -fear budget of the District that is inconsiste 20 with said Fiscal Year' nt in any wa s budget as agreed to, and presented by the District Board. of Directors 21 except in the case of a written majority 'P . (regarding elimination or modification of any specific budget item) from business owners which will pay 50% or more of the assessments 23 proposed to be levied as to any specific budget item pursuant ,to GC Section 36525 24 case the written protest regarding any specific budget item, shall be rounds t @) such g o eliminate or 25 modify said expenditure from the District's proposed budget pursuant to the written protest. .26 27 6.40. 110 Decisions Regarding Expenditure of Funds 28 As provided for within the guidelines of SB 1424, decisions of the District Board of Directors ?9 regarding expenditure of all funds generated under this program shall be final. 30 31 is Ord. 2104 NCS Page -7 ODUGED and ordered P'osted%Publishe d this 16th day., of October 200'0. ADOPTED this 2 20th ,day of November, 2000, by the following; vote: 4 AYES :, Healy, Keller; Cader- Thompson, Hamilton, Maguire; Vice Mayor TorIiatt, Mayor 6 Thompson 6 7 NOES: None 8 9 AB SENT: None 10 11 ABSTAIN: None 12 13 14 .15 Mayor 16 ATTEST: APPROVED ; = OFORM: 17 r ` i •. � ��' ate 1y. Cit Clerk % �� l City Attorn