HomeMy WebLinkAboutAgenda Bill 5.A 11/15/20044 � .
vember1 51P
CITY OF PETALUMA, CALIFORNIA
.AGVNDA BILL
Agenda Title: Discussion and`, Action Adopting a Resolution
Approving The ' 20.05 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 The
Proposed 2005 Annual Assessment
Meeting Date: November 15,2004
Meeting Time: Z 3:00 PM
❑ 7:00 PM
Category (check one): ❑ Consent Calendar ❑ Public'Hearing ® New Business
❑ Unfinished Business
Department:
ED & Redevelopment
Cost of Proposal: 0
1 Amount .Budgeted:0
El Presentation
Director:
Paul Marangel'la
Contact&erson':
Paul Marange'lla'
Phone Number:
778-4581.
Account Number: NA
Name of 'Fund: NA
"Attachments to Agenda Packet Item:
1.' Annual Report from:the. Business Improvement Distmt,(BID). to the Petaluma City Council
2. Resolution of 'Intention to Levy an AnnuatAssessment
3. Correspondence from the Petaluma,Downtown Association (PDA)
4: Ordinance 2104 N.C. S .
Summary 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 6.40100 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 I".
Therefore, the purpose of this item is'to present the BID Annual Report and Proposed 2005 Downtown
:BID Budget "for review and request that the City Council adopt a resolution of intention 'to, levy an
assessment for' FT' 2005.
Recommended. Citv Council Action%Suggested Motion:
It is recommended that the City Council adopt the attached resolution approving the 2005 Annual Report of
the Downtown- Petaluma Business Improvement Distii ct. and related Budget allocation and call for a public
hearing on December 6, 2004; iat 3 p.m.,, :at the Petaluma City Council Chambers, 11 English Street,
Peina, California to levy the 2005 assessment:
l(evie'ived by Finance Director: Review ' >< e A v City Manager:
Date.,®�' 9 ^ Z Date:
e. Revision # an aevised• File od'e:
Q`
10/2 /0 _ #$ H:\pm\Agenda2005StaffReport111504Final.doc
1
CITV OF PETALUMA;• CALIFORNIA
® NOVEMBER 15; 2004
AGENDA REPORT
FOR
DISCUSSION AND,ACTION,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 THE PROPOSED 2005. ANNUAL ASSESSMENT
1. EXECUTIVE SUMMARY:
In November 2000, the 'Petaluma City Council :adopted Ordinance. 2104 N:C.S, establishing the
Downtown Petaluma B"usine'ss lmpr6vement' bisfrict (BID). In 'the ordinance, a Board of Directors.. is
established to administer the affairs of the District. Under section 6.40.,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 1t.
0
2
•
Therefore, the •purpose .o.f thi's, item: is to present the BID Annual ,Report and Proposed 2005 Downtown
BID Budget for review and request that the City Council ��adopt' a resolution of intent to levy an annual
assessment and approving 1the 2'005 Annual Report of "the Downtown Petaluma Business Improvement
District 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, Petaluma, California to levy the 2005
assessment.
BACKGROUND:
The types of improvements 'and ,activities proposed for funding by -the levy of assessments on businesses
in the District include:
Sales/Marketing - 32% 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, Thick. or Treat. Trail, Antique Faires, and
other downtown events. Thel Peialiftha Downtown Association. (PDA) develops joint marketing
,,merchant community using
:obtain favor utihies
advertising that wou of the
agreements with the merchan
PIRA 'and p g f 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% -'Collected„funds go to a portion of the°day-to-day operations of the PDA
office. Cost, centers include' rent, salary expense, event.,. coordination, and BID project
administration-.
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 has.' -perform i
jed thebilling services, for the BID. It was originally estimated. that ihe
BID would gen'efiai6; in excess :of $75,000 annually: In FY 2004, it was estimated. that- improved billing
and communications would result in -appro x-im Atel 90% of the BID members paying their assessments,
an increase of'3'00%. However, this is still an,tsfimate at the time
-e.-Of the writing of 'report.
B6cause� billing occurred' late -this yparj all funds hav'
e not yet been received for the 2004 Assessment.
Defiliquent 'accounts will be s'to collection-after!'November - 1; timing, Due to this,
ent year-to-date
'.
revenues from_ the:BID are sh6rt of that estimate. i
With respect, to the: 2005 BID Assessment, the PDA and Finance Department. are Working to include* the
2005-,BID 'AmLicense ssess ent on the City Business Li I se, bills, issued .in 'December 2004: Therefore;
ti= is of the essehCedh obtaining City Council approval for the 2005 assessment.
Th6'2005 Annual Report, does not -propose to
change ibe district boundaries,, increase the assessment or
m 6& y themethod of -assessment.
3. ALTERNATIVES:
None, Thdre.isno alternative proces&'establighed in'Oidinance 2104 N.C.S.
4-.� FINANCIAL IMPACTS,:
Overthe°past four years,. the BID has received the:-foll6wing from assessments:
2001 $2,,'633
2002 $37,202
2003 $231,862-
0 .2004 $40,000 yearAo--date (collections are currently in progress)
Th - e , 'BID: Board of Directors has allocated the'proposed budget of $72,000. The BID.* budget. is allocated
as -follows..
• 32%
-Beautification.
,$23,040
32%
Marketing
$23,040
• 20%
Administration
$ 14,400
• 16'%
Security
$11 -,;52, 0:,
Total:
$72j_000
5. CONCLUSION-,
The 'BID '.8oard,.of -Director.$, has submitted AnnuaI-Report and 2005 Proposed Budget. '.The City
Council is requested to adopt a-rdsoltition,of intent, to, -levy an, annual assessment, approve the annual
report and call for a public hearing to levy the assessment'
6. OUTCOMES OR PERFORMANCE MEASUREMENTsXHAT WILLJDENTIFY SUCCESS1,01z COMPLETION*,
Tb'q,'B1D' assessment -will 'be issued on the Bus . iness License Tax b . i 11 in December 2004, resufti6g in,
more streamlined billing and collections.
3'
%. RECoNimE' ND'AT1ON
It is recommended that the 'City Council adopt the attached resolution of intent- to levy An; assessment
and approving the, 2005 'Annual Report 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, 1'1 English Street; Petaluma, California to levy the 2005 assessment.
0-
a
Attachment I
Annual Report from. the BID. t® the Petaluma City Council
s
Downtown Petaluma, Business Improvement District
FY 2005 Annual Report
1. Changes in Boundaries:. 'None are proposed.
2. Changes in the Basis or'Method'. of Assessment: None are proposed.
3. Changes in Classification .of *' sinesses:: None are proposed.
4. Improvements/Activities to be Undertaken & Related Budget: As proposed in the budget below.
5. Surplus/Deficit Carried Over'from Prior Year: None
6. Contributions from Other Sources: Advance from PDA cash reserve for prior 3 years.
Downtown Petaluma Business Improvement District
2005 Budget Allocations.
® 32% Beautification $23M0
® 326/6 Marketing $23,040`
■ 20%, - Administration $14,400
e 16% Security $11,526
Total: $72;000
Sales/Marketing - 32% - 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 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 ,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. Amain focus of the committee will be to maintain the new
landscaping 'installed by the PCDC.
Administration - 20% - Collected funds go to a portion of the day -.to -day, operations of the PDA
office. Cost;; centers include rent, salary expense, event coordination, and BID project
administration.
Security 7 16%0; - 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
this contract- is not to be confused with a separate contract not paid for with BID funds for the
Keller Street Garage.)
Ell
Tvoes of Businesses,Assessed
•
Retail and Restaurant: Businesses that buy and resell goods, examples:are clothing stores, shoe stores,
office supplies and businesses that sell prepared foodsand drinks. -
Antique Collectives: Includes such businesses and business 1'0cations that represent2multiple dealers of
antique merchandise Within one location.
Service Businesses:, Businesses that sell services. Examples are beauty and barbershops; repair shops,
most.automotive=oriented-businesses, entertainment businesses, such as.theaters, etc.
Lodging::Includes�renting rooms bytheday or week to community visitors.
Professional Businesses:. Includes Architects, Engineers, Attorneys, Dentists, Doctors, Accountants,
Optometrists; Mortgage 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'umons, etc.
Assessment by Tvve.of Susinesg Within Zones
ZoneA _
I Zone B
I Zone C
Restaurants.,&.Retail'•
I _$150 (1-3 Employees)
I $100 (1-3 Employees)
I $ 50 (1-3 Employees)
13250 (4-6 Employees)(
$166_(4-6 Employees)
I $ 83 (4-6 Employees) 1
I $350 (7+ Employees)
I $232 (7+, Employees) ...
I $11.6(7+ Employees) I
Antique Colle- dives
( $I50;0-3 Dealers)
I '$100 (1-3 Dealers)
I $ 50 (l-3 Dealers} I
I
I $250 (4-6 Dealers)
I $t66,'(4-6 Dealers)'
$ 83` (4-6.Dealers) 1
$350 (7+ Dealers)-,
I $232 (7+ Dealers)
jj $1;16 (T+ -Dealers)_ 1 -
Service Businesses
I $100 (1=3 Employees/Operators)
I $ 75 (1-3 Employees/Operators)
.I' $ S6 (1=3 E6ptoytes/operators)
I
I$200.(4-6 Bin to ee_s/0 eators)$1
SO4-6 Employee s/Oerafors)
_ I$100 (4-6 Employees/Operators)°(
1
S300 (7+'Employees/Operators)
I $22S (7+ Employees/Operators)
I $150 (7+ Employees/Operators) 1
Professional'Busiuess
I $125
I $82.
I $41
Financial Institutions
11500
I $500
I $500
I Lodging
I 45.0 (1-10 Rooms)
I $450 (1-10 Rooms)
I.$-00 (140 Rooms)
I $300 (11=25 Rooms)
I $300 (1;1,-25 Rooms),
I $300 (11-25,Rooms)
$450 (26+:Rooms)
I' $450 �(26+ Rooms)
I $450 (26+ Rooms)
Note: Businesses in the Antique Collectives and Services 'Businesses categories- will be charged
according to- the number of.dealers/operators active within one location.
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Attaehtiient 2
RE S OL.UTION'# 20.04-
APPROVING THE 200.5 DOWNTO`VNTETALUMA BUSINESS IMPROVEMENT
DISTRICT ANNUAL REPORT AND RELATED BUDGET9- DECLARING THE
INTENTION TO .LEVY THK 2005 ANNUAL, ASSESSMENT FOIL THE DISTRICT,
AND FIXING A TIME AND. PLACE FOR A PUBLIC HEARING ON THE PROPOSED
2005 ANNUAL ASSESSMENT
WHEREAS, in November 20, 2000,14n, accordance with California Streets .and Highways Code Section 3'6500
et seq.. ("the Act"), the Petaluma -City: Council adopted .Ordinance, 2104 kN':C.S.,, later codified as Chapter 6.04 of
the Petaluma Municipal Code,` ,establislung, 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--,
r-more including, .but not limited to, the following
® improvements:
1. Benches
2: Trash receptacles_''
3. Decorati'ons
4. Fagade imp'rovernerits
5. Permanent landscaping
B'. Activities includiiig: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°6.04.1;00 of the Petaluma Municipal Code, the Board of -Directors established to
if,govern the affairs; of the:'DPBIDIrriust,present the City, Council with an annual report.and budget,for review and
approval prior to'Ci,ty Council consideration of levying.al.benefit.asses§m6nt,f6r the following fiscal year; and
WHEREAS, the, requirements of,Petaluma Municipal Code Section 6.04.10.0 are in accordance with the Act,
Which establishes annual procedures governing the levy of assessments pursuant to the Act, including
preparation ofan annual. report, adoption of a resolution of intent giving notice of a public hearing at which
#ptten and -,oral protests may be •made conceming levy of an annual assessment, and adoption of a resolution
'Proving the annual report and levying the assessment; and
A
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:
y onsidef. all protests against the .establishment of the area,
A. The city council shall hear -and c
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 clerk .at.or before the time fixed for°the public
hearing. The city council„niay 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 time before the; .conclusion of the tgul5lic, hearing..
C. - Each written protest shall contain a description; ;of the business in which 'the person
subscribing the protest is 'interested sufficient toy 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 maj"ority protest. .
D. If written protests are received from the owners -of businesses .irithe proposed_ area -which.
will pay 50 percent, or more of the .asses'sments 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-resolutiori.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 City Council has reviewed and .discussed the 2005 DPBID Annual. Report and ,Budget. at a
duly noticed public meeting :in accordance with State law, and
WHEREAS, the 2005 IDPBID Annual Report proposes no changes in the boLindaries, method of assessment, or
rate of assessment related, to the DPBID; and
WHEREAS,; the proposed':PDBID' 2005 Budget establishes the following budgetary priorities with, estimated,
revenues- and expenditures; as specified in the 2005. PDBIID. Annual Report:
■ 32% Beautification $23,040
■ 32% Marketing $23;040 ,
20%, Administration $ I4,406
16% Security $11,520
Total,: $72;0.00
S , t
WHEREAS, the 2005 Annual. Report. of the DPBIDis on. file at the City Clerk's Office .for public review and
contains, a full and detailed d'escriptiori of the DPBID improvemeri`ts and activities to be providedfor the 2005
Wisca'I 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 2005 fiscal'year.
NOW, THEREFORE, BE IT;RESOLVED by4he, Petaluma, City Council as follows:
1.' The above recitals are true and correct and, hereby,declared to,`be.;findings of 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 `re'solution 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 Courici'1' 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 PetalumaII Municipal .Code and the Act.
5. A public hearing will occur.on December 6,, 2004, at 3 p_:m.;,.at,the&Petaluma CityCounc l Chambers, 11
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.
6. The Petaluma City Clerk `is herebyauthorized and directed to publish a - p copy of this resolution in
accordance with California Streets and ;Highways Code ,Section 3,6534 in a newspaper.of general
circulation in the City of Petaluma at least 7 days before the public hearing. on levy of the proposed 2005
DPBID assessment.
Adopted this 15th day of November, 2004 by the"following vote:
C_omkilmember Aye No Absent
Glass
Harris
Healy
Moynihan
O'Brien
Thompson
Torliatt
OTTEST.:
Gayle Petersen, City Clerk
David Glass, Mayor
10
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Exhibit 1
Boundary of the"Petaluma Downtown Business Improvement District
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Legend
EDDowntown BID
City Limit
Note: Labels represent zones
within the Business Improvement
District
0 255 510 1,020 1,530 2,040
L Feet
DISCLAIMER
These maps or plans were compiled and or digitized via electronic
means utilizing many source documents. It is intended to be
representative of certain physical, legal and geometric features
within the City of Petaluma. CA and its environs. The existence or
location of facilities must be field verified a nd this document does
not imply or guarantee neither adequate capacity nor the availability
of service The City of Petaluma assumes no responsibility regarding
the accuracy of the information presented herein for legal
documentation• representations of actual construction or for any
other purpose for which this map was not intended
GIS Division, April 7, 2004
•
-1.
2.
3.
4.
5.
;6.
•
n
Exhibit 2
Downtown Petalum'— �usia�ess Imp>r®vewent District
FY.2005.Annual Report,
Changes in Boundaries:.Non el are -proposed.
Changes in .the Basis or Method of Assessment: None are,.proposed.
Changes in Classification, of Businesses: None are proposed.
Improvements/Activities to, be Undertaken & belated Budget: As proposed in the budget below.
Surplus/Deficit Carried .Over, from Prior Year.: None
Contributions from ,Other, Sources: Advance from PDA cash reserve for prior 3 years.
Downtown .Petaluma Business Improvement 'District
2005-udget� Allocations
32% Beautif cation $23;040
® 32 % o like m' g $239'040
® 20% Administration $14 ,
® 16% S'ecu>rity 0114,'1520
Total: $72;000
Sales/Marketing - 32%0, - 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 dowrito'wm; i:e. Sidewalk Sale, Trick OrTreat Trail, Antique Faires, and
other downtown events. !'PDA develops, joint marketing `agreements with the merchants using'
these funds and utilizes th" e, 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.
32%,. - A volunteer tee ' meets to consider requests for
Beautification - , ', commrt q investing in
ri
beautification.,proj'ects.,downtown. A. main focus of ihe,'committee' will 'be to maintain the new
landscaping installed by the,'PCDC.
Administration; 20%0' —Collected funds go to a,,port'ion'of the day-to-day operations of the PDA
office. Cost centers ` include' rent, ;;salary expense, event' coordination, and BID project
administration:
S,ecuri III
ty 16%. The PDAcontracts, currentl. '•with Gra evine Securit for cover Y p y, age of the
general downto"wn area to be performed on a regular-nightlyschedule. (The administration of
this coritract.is notAo"�be confused' with a.separate contract not paid for with BID funds for the
Keller Street Garage.) .
12%T1
Tvpes of Businesses Assessed
Retail'AndRestaurant: Businesses-: hat".huy and,.Tesell goods, exaMples,are clothing stores,,,shoe stores,
office,' s4pplies° and businesses that sell prepared foods and drinks.
Antique- Collectives: Includes ,such.busin e-s'se sand business" locations that, Tepresent.multiple dealers of
antiqqe,merchandisewithin one, location.
Service'Businesses: 'Businesses that. sell -services. Examples are beauty and barbershop&, repair shops,
most,.automotive-oriented businesses, entertainment'busiiYesses, such as theaters, etc.,
Lodging:, Includes renting r6oms,.by the day' br week to community visitors,.
Professional Businesses:, Ineltide*s,Arciiiieets;,Engineets.Att.ome s,,Dentists;Doctors,. Accountants,
Optometrists, Mortgage*-Brokers,.,and most other businesses that. require advanced and/or advanced
academicdegre'es.
FWaticial,bistittitions: . Includes, banking and savings and loan institutions as Well as: credit� unions, etc.
I -
I Restauran6: &Retail
Antique Collectives
$er-'v'fce_,BusJ__ncesses
Professional !Business
Financial Institutions
'Lodging
Assessment by Type. of.Busifies& Within Zones
Zone A, Zone B
1 $150 (1-3Epipjoyqes) $ 100 (1 -w3 E loyee
_mp s)
$250 (4=6 Employees) $1166 (4-6Employpbi)
$3$0_ (7+ Employees) $2312 (7+ Employees)
Zone C
$ 50.(1-3 Employees)
$ 83, (4-,6'Employe6s)
v1,1.6 (I+- Employees)
$150 (1=3 Dealeks) $J00 (1-3 Dealers) $ 50 (l -3, Dealers),' -
$250(4-6,Dealers) $ 106 (4-6 Dealers) $ 9 31 (4-6 Dealers)'
$350 (7+ Dealer$) $232 (7+ Dealers) $116(7+ Dealers)
$160 (1-3 Employees/Operators)
(4=, � IEnployee,s/Operators)
$3'00 ,(74- Employees/Operators)
$125
j.$500
$150 0 Rooms),
WO * (11-25 Rooms)-
'$450 (26+,Rooms)
$7-5, (.Y-3 Employees/Opet;ktois)
j $, (1-3 1imploytesbperatoT.$)
$1,50' (416 TMpj P-Yees,!0j*TatDTS)�
(4-6.ETppt6yees/,Qperators)
$225 (7+ Employees/Operators)
$150 (7+ Employees/,Operators)
102
1$41
$500'.
$500
5 0,(11-4 0: Rooms)
$150 (l -1.0 Rooms).
$300.(11,.1-25 R06nis),
IS300.(111-15RO' S)-
IS450 (26+ Rooms)
$450 (26+ Ro 6ms)
Note: Businessesin the Antique Collectives and Services Businesses categories be charged
accordingrtOt,he-iiiimb.6rofdealers/operatorsacti,vb.Wit1iin.one7.location.
13
Attachment 3
14
Nk
t,, 1.
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1'.T�S't
A 0t i ission,is,to contributes
' and to r 'p omote and en an
Noee'mber 12004
Honorable Mayor David tGlass
1 1, English 3treet��}� , °A � ' !�t
Petaluma
C
Re 26051D
owntowan Petaluma
The Petaluma Downtown ASSOCI
' ;following for.2`OOS 1 s r � j l `•
1 The B I !D boundaries as
2 Fee schedule as previous]
3 The budget'fo'r the estima
. ,
.i 32% �t�eaeata$acatnori � �'
t 1
® 16 o :zL,Secu nty`
t 4J�
t' y
r;
(On behalf of The Petaluma:
Sincerely, i ,
6sPetaluma"Blvd Norfh, Suite B 6, Petaluma Cali
S'd
Jill'
•
15,
,tt,eIlmeut 4
-,. `r q' fry' e,� n
e -VI
ORDINANCE NO . 2104 N.C. S
3
4
5 Introduced by Councilme'niber Seconded by Councilmernber
6
.7 Matt Mazuire Pamela Torliatt
8
9
10
11
ORDINANCE OF��THECITyr.COU NCIL.OF THEI� CITY OF PETALUMAI
12 AN
XT .04 TO. TBPETAL-U,,MA MUNICIPAL CODE
13 CALIFORNIA, DDING.-CILA Tk&
14 ESTABLISBONG THE DOWNTOWN PETA.LUMA
is BUSINESS IMYROVEMMNYDISTRICT
16
17 RECITALS:
09 'AIBMREAS, on September 18,,,20 0- the City Council of Petaluma, on behalf of the City of
Resolution #00-177 N.C.S. (the "Resolution""), declaring its
20 Petaluma, (the "City"),adopte,,, R
21
intention to establish a Parking and Business Improvement District (her6inafter 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 ,Dist6qt,,,pursuant to the Parking and Business Improvement Area
25 Law of 1989, Part .6 (commencing with Section 3,6500) of Division 19, of the California Streets
26 and Highways Code (the "Act"); and,
'17
28 WHEREAS, pursuant- to the Act and the kesol'utibn, City conducted a public hearing, after
29 having given due notice thereof as required by lau7, on October 16, 2000, at 7:00 P1\6, at City
0 Hall, 11 English Street, Petaluma, California;. and,
32, WEEERE-A.S, said public htaninar has been held and the, City Council has heard and considered
all oral and written. protests and, other comments regarding. such proposed actions;. and,
Ord. 2104 1�TcsPage
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MIE EREAS', adjustments may be made in the assessments or charges to businesses in the
District, :or 'in the, uses to which the revenue shall be put, as specified -in `this Ordinance and
subject to Board approval, provided such changes are made by a supplemental Ordinance
adopted after a hearing before, the City Council; and,
WHEREAS; for purposes of the assessments or charges to be 'imposed pursuant to, this
Ordinance, this City Council may make a reasonable classification of .businesses, -giving
consideration, to various factors, including ,general benefit to businesses and the degree ,of benefit
received from District programs; and,
WHEREAS; the: assessments or --charges levied on businesses pursuant to this Ordinance, shall, to
the maximum extent feasible„ be levied on'.the basin of'the, estimated benefit to the businesses
within the District.
NOW, TJ3[EREFORE, THE CITY. COUNCIL OF THE .CITY OF PETALUMA DOES
ORDAIN AS'TOLL-OWS: •'
Section 1. Resolution of Intention, Public Hearing and Findings. The.Recital's hereof, which set
forth facts - regarding the adoption -of I Council 'Resolutions, the conduct of public` hearings and;
certain findings of the City. Council, are true and correct and incorporatedcherein by reference.
Section 2. CHAPTER 6.04 ,is hereby added to the Petaluma Municipal' Code; providing as.
follows.
CHAPTER :6.04. DOWNTOWN PETALUMA BUSINESS DAPROVEMENT DISTRICT;
6.04.010 Definitions.
In order to" distinguish bete,=een District businesses and° for the purpose of calculating and
applying, the amount of assessments owed, the following definitions shall apply:
Ord. 2`3 04 NCS
.Page
I G. Financial: Banks, savings & loans, credit unions, etc.
H. Calendar Year: "Calendar Year" means January Ist to and including December 31st of
4 the same year.
5
6 I. Billing Period: "Billirig 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.jrriprovement District is hereby established pursuant to the Parking and
11 Business Improvement Area Law, of 19.89, Streets and.11ghways 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 'known as the "Downtown Petaluma Business Improvement
15 District" (the "District"),
16
�7 6.04.030 : Establishment of'District 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, Secretaryand 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 regarding the normal and routine conducting of District
24 Business shall be basedon one (1) vote per assessed dollars and said business must be current in
25 payment of their District assessment(s) to participate in such, votes.
26
27 6.04.040 Establishment of Benefit Assessment.
28 All businesses, trades, and professions located, within the District boundaries shoom on, the
29 Exhibit "A" referenced in Section 6.04.030, shall, commencing January 1, 2001, pay an annual
30 benefit assessment to the District in an amount adopted by Resolution of the City Council of the
City of Petaluma
Ord. 2304 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 BIDAdvisory Board
4 may, from time to time, assess late charges on unpaid RID assessment charges.
5
6 6.04.090 Voluntary Contributions to District.
7 Contributions to the District shall be permitted on a voluntary basis. The boundary of the
8 District shall not be modified as a result .of the contribution, nor shall said contributing business
9 be considered.a member of the District for voting or other purposes. 'However, said business
10 making a "voluntary contribution may be ,entitled to participate in the., programs of the District
11 upon a finding by'the Board of.Directois that the District derives a benefit from said business'
12 participation'in the prggrarn.
13
14 6.40.100 Annual Budget Process.
15 Pursuant to the Act, it shall.:be necessary for the District Board of Directors to present an annual
16 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 in any way
20 with said Fiscal Year's budget as agreed to. and presented by the District Board of Directors
21 except in the case of a written majority protest - (regarding elimination or modification of any
22 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 (b). In such
24 case the written protest regarding any specific budget item. shall be grounds to 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
29 regarding expenditure of all funds generated under this pro.aram shall be final.
30 . •
31
Ord. 2104 NCS Page-7
. A
I
1 INTRODUCED and ordered. P'osted%Published this 16th day, of .October 2000. ADOPTED this.
,• 2 20th ,day of November,' 2000, by the following vote:
4 AYES:, HealyKeller Cader-Thom so Hamilton Ma iVe Mayor Torliatt Ma or
� P ure a
g Y Y
5 Thompson
6
7 NOES: None
9 ABSENT: None
10
11 ABSTAIN: None
12
13
14 Mayor
.15
16 ATTEST: APPROVED,,A'S i'O F-ORM:
17
aff 'xt-•• '/ t`� -I ,�.'r- ., iIT.•���� ('{.:.1=^' ���1,n...
'9 Citl. .clerk % CityAttorn