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HomeMy WebLinkAboutResolution 2021-010 N.C.S. 1/25/2021 DocuSign Envelope ID:365BC1 BA-94A3-4312-821E-268367B848B7 Resolution No. 2021-010 N.C.S. of the City of Petaluma, California RESOLUTION ESTABLISHING THE LEVY FOR THE 2021 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 ("DBID"), 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 DBID 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 DBID 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. Resolution No.2021-010 N.C.S. Page 1 DocuSign Envelope ID:365BC1BA-94A3-4312-821E-268367B848B7 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 2021 DBID Annual Report and Budget submitted by the DBID Board of Directors at the regularly scheduled and duly noticed January 4, 2021 City Council meeting; and, WHEREAS, in accordance with Section 36534 of the Act, at the regularly scheduled and duly noticed January 4,2021 City Council meeting,the City Council adopted a Resolution of Intention to levy the 2021 annual assessment for the DBID; and, WHEREAS,the Resolution of Intention was published in a newspaper of general circulation in the City at least seven days prior to the hearing; and, WHEREAS, the proposed DBID 2021 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 DBID is on file at the City Clerk's office for public review and contains a full and detailed description of the DBID improvements and activities to be provided for the 2021 fiscal year, the boundaries of the DBID and any benefit zones within the DBID, and the proposed assessments to be levied on businesses in the DBID for the 2021 fiscal year; and, WHEREAS, in accordance with Section 36524 of the Act, on January 25, 2021, the City Council held the public hearing on the 2021 DBID annual levy and heard and considered all protests against the annual levy, the DBID area,the extent of the area, or the furnishing of specified types of improvements or activities within the area; and, Resolution No.2021-010 N.C.S. Page 2 DocuSign Envelope ID:365BC1 BA-94A3-4312-821E-268367B848B7 WHEREAS, in accordance with Section 36525 of the Act, following the public hearing on January 25, 2021, 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 DBID area that will pay 50 percent or more of the proposed annual assessment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby levies the assessment described in the DBID Annual Report and Budget for Fiscal Year 2021, which is attached and made a part of this Resolution as Exhibit 2,to pay for improvements and activities within the DBID 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 Approved as to Council of the City of Petaluma at a Regular meeting on the 251h day of January DocuSigned%Ym: 2021,by the following vote: E �l�w i otney AYES: Mayor Barrett;Vice Mayor Barnacle;Fischer;McDonnell;Pocekay NOES: None ABSENT: None ABSTAIN: None RECUSED: Healy;King DocuSigned by: DocuSigned by: ATTEST: rty V Te"r ayor Resolution No.2021-010 N.C.S. Page 3 • . • ' • i • - Ln Mifll! PH I PFF WA VIRM VIA NI FA it IML h�L f frr• G��` ���� �'I/i�� �� �♦ •��. '�. tiny: !`ice �/, �I/h � r►+� ���' ..\+��t' Mt• �Q i ♦. ♦ � s♦t III S �` � �, .' DocuSign Envelope ID:365BC1BA-94A3-4312-821E-268367B848B7 EXHIBIT 2 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. • Lod2in2: 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 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.