HomeMy WebLinkAboutResolution 2022-189 N.C.S. 12/05/2022 DocuSign Envelope ID:7992BCl l-F28B-451 B-AF2F-68DD2EOC9EC5
Resolution No. 2022-189 N.C.S.
of the City of Petaluma, California
APPROVING THE 2023 DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORT AND RELATED BUDGET; DECLARING THE INTENTION TO LEVY
THE 2023 ANNUAL ASSESSMENT FOR THE DISTRICT; AND SETTING A PUBLIC HEARING
ON THE PROPOSED 2023 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 Business Improvement District ("DBID"),
within the area described in Exhibit A, 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
Resolution No. 2022-189 N.C.S. Page 1
DocuSign Envelope ID:7992BC11-1`2813-451 B-AF2F-68DD2E0C9EC5
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 proposed DBID 2023 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; and
WHEREAS,the 2023 Annual Report of the DBID is on file at the City Clerk's office for public review, and
attached to the staff report as Attachment 1 —Exhibit 1, and contains a full and detailed description of the DBID
improvements and activities to be provided for the 2023 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 2023 fiscal
year; and
WHEREAS, administration of assessment districts does not constitute a project under the California
Environmental Quality Act(CEQA)because it involves continuing administrative or maintenance activities and
organizational or administrative activities that will not result in direct or indirect physical changes in the
environment. [14 Cal. Code Regs. § 15378(b)(2) &(5); and
WHEREAS, if the proposed action did constitute a project under CEQA the proposed action is statutorily
exempt under CEQA Guidelines Section 15273(a) (Rates, Tolls, Fares, and Charges) and categorically exempt
under CEQA Guidelines Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) as the
resulting funds will be used to maintain downtown.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma as follows:
Resolution No. 2022-189 N.C.S. Page 2
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1. The above recitals are hereby declared to be true and correct and are incorporated into findings of the City
Council.
2. Finds that the administration of assessment districts does not constitute a project under the California
Environmental Quality Act(CEQA) because it involves continuing administrative or maintenance activities
and organizational or administrative activities that will not result in direct or indirect physical changes in the
environment. [14 Cal. Code Regs. § 15378(b)(2) & (5). And if the proposed action did constitute a project
under CEQA the proposed action is statutorily exempt under CEQA Guidelines Section 15273(a) (Rates,
Tolls, Fares, and Charges) and categorically exempt under CEQA Guidelines Sections 15301 (Existing
Facilities) and 15304 (Minor Alterations to Land) as the resulting funds will be used to maintain downtown.
3. The DBID 2023 Annual Report and Budget is hereby approved.
4. 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 DBID
Annual Report and Budget for Fiscal Year 2022 to pay for improvements and activities within the DBID,
which Annual Report and Budget is attached to and made a part of this Resolution as Exhibit 1 in accordance
with Chapter 6.04 of the Petaluma Municipal Code and the Act.
5. A public hearing concerning levy of the assessment proposed for the DBID for calendar year 2023 will be
conducted by the City Council on Monday,December 19,2022, at the hour of 6:30 p.m.,or as soon thereafter
as the matter will be heard.The hearing will be teleconferenced via Zoom. Information on how to listen and/or
speak at the hearing will be on the December 19, 2022, Petaluma City Council meeting agenda
(https://cityofpetaluma.org/meetings/)by 6:30 p.m.,December 15, 2022.
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 51h day of December ®aaA�omd ifPrm:
2022,by the following vote: Dt
' (
u
OEFW"iMAtney
AYES: Mayor Barrett,Vice Mayor Pocekay,Barnacle,Fischer,McDonnell
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: Healy,King
Decufiyn*d by. 5ZDocuSlgn
ed by::' llATTEST: 4 l`
1 1®A110 rA429E"92... a}014,102MOF42F...
Resolution No. 2022-189 N.C.S. Page 3
DocuSign Envelope ID:7992BC11-F2813-451B-AF2F-68DD2E0C9EC5 EXHIBIT A
DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORT,BUDGET AND MAP FOR 2023
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 Staff Report Attachment 2.
S. Surplus/Deficit Carried Over from Prior Year: None
6. Contributions from Other Sources: None
Downtown Petaluma Business Improvement District 2023 Budget Allocations
Percentage Activity Type Amount
27% Security $20,250
23% Marketing $17,250
30% Beautification $22,500
20% Administration $15,000
Security-27% -The Petaluma Downtown Association (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, e.g., 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. Directional signage, holiday decorations, seasonal
banner placements, and graffiti cleanup are among the beautification projects funded by
the BID.
Administration - 20% - Collected funds go to the day-to-day operations of the PDA
office. Cost centers include rent, salary expense, and event coordination.
DocuSign Envelope ID:7992BC11-F28B-4518-AF2F-68DD2E0C9EC5
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
Business Type Zone A Zone B Zone C
Restaurants&Retailers
1 -3 Employees 150 100 50
4-6 Employees 250 166 83
7+Employees 350 232 116
Antique Collectives
1-3 Dealers 150 100 50
4-6 Dealers 250 166 83
7+Dealers 350 232 116
Service Operators
1-3 Emp/Operators 150 100 50
4-6 Emp/Operators 250 166 83
7+Emp/Operators 350 232 116
Professional Businesses 125 82 41
Financial Institutions 500 500 500
Lodging
1-10 Rooms 150 150 150
11-25 Room 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.
DocuSign Envelope ID:7992BC11-F286-451B-AF2F-68DD2EOC9EC5
Petaluma Downtown Business Improvement District Boundary Map
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DocuSign Envelope ID:7992BC11-1`2813-451B-AF2F-68DD2E0C9EC5 EXHIBIT B
AF
1 ORDZNAME NO, 2104 N.C.S.
2
4
5 Introduced by Councilmember Seconded by Councilmcmber
6
7 Matt Ma 'ire Pamela Torliatt
.9
l0 _
11
.12 AN ORDINA&CR Oil JLm C L X CO 1T14CM OF THE ciw OF)MITAxUNXA,
13 CALI ORNIA.,AJ)DxNG:CHAPTER 6.04 TO THE, PEITALUMA.MUM C'OAL CODS'
14 ESTABLISDdNG UM, DOWNTOWN PETALUMA
15 . ' .BUSMSS BPRO,VEMENT DISTIRMT
lb
17 RECITALS:
19 WM1 RE'AS,.oa September 18, 2.000, the City Council of Petaluma, on"behalf of the City of
20 Petaluma, • '(the "City"), adapted Resolution #00-177 N.C.S. (the ` esolutian""), declaring its
21 intention to establish a Parking and Business Improvement District (hereinafter referred to as the
22 "District"), to levy a benefit assessment oa all businesses, trades; professions; and vendors within
23 said District, the proceeds of which shall be used for the public purposes lierein -described 'to
. 24 -benefit the businesses in the District, pursuant to the Parking-and Business Improvement Area
25 Law of 1989,.Part b (commencing with-Section 36500) of Division 18 of the Cakifornia. Streets
26 and-Highways Code (the "Act"); and,
27
28 WIIB)RE
AS, 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 PK at City
30 Hall, I English Street,Petaluma, California; and,
31
32 WPM1 PM AS, said public hearing has been held and the City Council has heard and considered
33 all oral and written'protests and other comments regarding such proposed actions; and,
Ord. 2104 N•CS Page I
. 11
DocuSign Envelope ID:7992BC1 1-F28B-451 B-AF2F-68DD2EOC9EC5
1 WEEB.EAS, protests.in writing from businesses in the proposed District paying SO% or more of
2 the proposed assessment have not been received; and,
4 WEEPtEAS, this City Council has'now determined to establish the proposed District as- a
5• Parking and Business Improvement .Area, to provide far the imposition of a benefit assessment
6 and.to adopt an ordinance to such effect; aid,
7
8 WHEREAS, 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 assess'rn.ent's levied hereby in the manner
10 prescribed herein; and,
12 WHEREAS, this City Council may, for each ofthe purposes set forth in Section 36510 & 36513
13 of the Act, establish one or more separate benefit zones based upon the degree of benefit derived
14 from the formation of the District, and Whey impose a tiered assessment or charge within each of
15 .the benefit zones; and,
16
17 'WgCRLAS, all 'provisions, of the .Act 'applicable to the establish merit, ' modification; or
18 disestablishment of a District shall apply to.the.establishment, rhodification, or' disestablishment
19 of benefit zones pursuant to the Act, and the establishment or the'modification of any benefit
20 zone snail follow; the.same procedure as.pro-Med for under the establishment, of a parking and
21 business improvement district; .and.the disestablishment of a benefit zane shall follow the -same r
22 procedure as provide for disestablishment of a District; and,
23
24 WHEREAS, upon the request of the District Board of Directors, this City Council 'shall:
•25• commence t1ie proceedings required•by law to amend the boundaries, assessments or charges
26 established pursuant to this Ordinance subject to approval of the Board of Directors of the
27 District as expressly provided for'herein; said modifications being made pursuant to the
28 procedural requirements of the Act, but no assessment or charge AaU be-modified which would
r
29 impair the ability of the District to meet the obligations of a contract to construct or operate
30. physical improvements in the District; and,
G
Ord, 2104 N-CS Page 2
12
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1 ,WHEREAS, adjustments may be made in the assessments or charges to businesses in the
2 Distract, or in the uses to which the revenue shall be put, 'as' specified in this Ordinance and
3 subject to Doard approval, provided such changes are made. by a supplemental Ordinance
4 adopted aver a hearing before the City Council; and,
6 WHER.EA.S, for purposes of the assessments or charges to be unposed'pursuant to.this.
7 Ordinance, tlus City Council may makd a ,reasonable classification of businesses, giving
8 consideration-to-various factors, including general benefit to'businesses and the degree'of benefit
9 received from District programs: and;
10
11 WH I EAS, the assessments or charges levied on businesses pursuant to this Ordinance shall, to
12 the, maximum extent."feasible, be levied on the basis of the estimated benefit to the businesses
13 within the District.
14
15 NOW, THEREFORE, THE. CITE' COUNCIL OF T E, CITY OF PETALUMA,.DOES
16 ORD A1N AS FOLLOWS:
17
18 Section 1. Resolution.of Intention, Public Hearing and Findings. The Recitals hereof.which set
19 forth.facts regarding the adoption of Council Resolutions, the conduct of public hearings. and
-20 . -certain findings of the City Council;'are true and correct and incorporated hereih by reference.
21
22 Section,'—). 'CRAFTER 6,04 is hereby added to the Petaluma Municipal Code; providing as
23 follows: '
24 "
25, CHAPTER 6,04 DOWNTOWNPETALLMA:BUSINESS IMPROVEMENT DISTRICT.
26
27 6.04.010 Delxnitio)Qs.
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
31,
Ord.2104 NCS Pago 3
13
DocuSign Envelope ID:7992BC11-F288-451B-AF2F-68DD2E0C9EC5
1 A. Retail Businesses: "Retail Businesses" include all businesses not Covered 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-is 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 .fiot exclude said business from this classification so 'long as such other business
6 component do.es not, account for 'more-than fifty percent (50%) of said business' gross
7 income;
8
• 9 B. Restaurants: "Restaurant businesses include cafes, eating establishments, 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 antique merchandise within one location..
14
15 D, Service: "Service" businesses include businesses that combine retail and product services.
]6 Examples are appliance stores, most automotive-oriented businesses, 'repair .shops,
17 repairing and"servicing businesses and service stations. Other businesses of a general
18 service-type nature such as general office, news and advertising media, printers, renting.,
19 and leasing businesses, utilities, vending machine businesses, household finance
20 companies, entertainment businesses and other similar businesses not otherwise included
21 in cO garies a,b, c, e,f; or g are included in tlus'section;-
22
23 E, Lodging: "Lodging" businesses include inns, hotels, 'motels, ItV Parks and other similar
24. businesses;
25
26 F, Professional: "Professional" includes 'attorneys, •architects, accountants, engineers, }
27 surveyors, physicians, dentists, optometrists, chiropractors and others in a medical 1
28, liealth service field, consultants, real estate brokers, financial advisors, laboratories
29 (including dental and optical),:bearing aid services, artists, photdgraphers and designers.
30
31
Ord. 2104 NCS Sage 4
14
DocuSign Envelope ID:7992BC11-F28B-451B-AF2F-68DD2EOC9EC5
1 G. Financial: Banks, savings,&loans, credit unions, etc.
3 . H. Calendar Year: "Calendar Year" means.7aauary 1st to and including December 3.1st of
4 the same year.
5
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.
g
9 6.04.020 Establishment of Boundaries. -
10 A Parking and Business Improvement District is hereby-established pursuant to the Parking and•
11 Business Xmprovement 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 Bxhibit "A', as attached to the Ordinance adopted to create said District-and incorporated herein•
' r
14 by reference_ This District shall be known as the "Downtown Petaluma Business Improvement
15 District" (the"District").
16 r
17 6,04,030 Estab.lishment of District Board-of Directors. h
18 There-shall be a Board of Directors ("Board") of the District: to administ6r the affairs of the
19 ' District. Said Board shall be constituted of businesses within the District:
s rrct:Wrtlun the,Board there
20 • shall be a President, Vice-President, Secretary and Treasurer elected by the rnemberslrip, and
21 such other officers as deemed necessary by the Board.: Such other officers shall b6 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 norrinat•arid 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 their District assessments)to participate in such votes.
26
27 6,04,040 EI stablislimexxt of:BenefztA.ssessment. .
k
•28 All "businesses, trades, and professions located within the District boundaries shown on, the F
29 :Exhibit "A" referenced in Section 6.04.030,•shaU, commencing 7anuary 1, 2001, pay an annual
30 benefit assessment to the District in an amount adopted by-Resolution of the City Council of the
31 City ofPetaluma.
•Ord. 2104NCS Page 5 i
15
DocuSign Envelope ID:7992BC11-F28B-451B-AF2F-68DD2EOC9EC5
1 - 6.'04.050 Purpose and Use of Een6fit Assessments. .
2 The types of improvements and activities proposed to be funded by the levy of assessments on
3 businesses in the Distract are as follows:
4
5 A. The- acquisition, construction, installation, or maintenance of any'tangible property with
6 an estimated useful.life of five years or more including, but not'limited to, the following
7 - improvements: '
9 2 Trasli-Toceptacles; ;
10 3 • Decorations;
11 4 Facade improvements;
12 5 Permanent landscaping
13 '
14 B, ` Activities including but not limited to the following:
15 1 promotion of public events which benefit businesses in the area and which-take
16 place on'of in public places withinthe area;
17 2 Furnishing,of music in any public place in the area;
18 3 Activities which benefit businesses located and operating in the area, including
19 •but not limited to commercial•shopping and promotional programs.
20
21 6,04,060 Exclusions From Benefit Assessment,
•22 No person.or business shall be required t6 pay an assessment based on: (a) a residential use of
23 the property within,the District, or,(b) a non-profit organization as.defined by Section 501 (C) (3)
24 • or(C) (6) of the Internal Revenue Service Code located within the District.
25 E
26 6.04,070 New Business Assessment Waiver.
27 .Any new business established within the District shall not be required to pay.an assessment for
28 the Billing Period during which said business is initiated. The business will have been
r
F,.
29 • considered initiated on the date of issuance of the business,license. This waiver.shall not apply to
30' an existing business that has changed ownership or Iocation witivir the District. City agrees to
1
31 supply the District with timely information regarding new.businesses initiated within the District.
Ord, 2104NCS Page 6
16
F
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1 6.04,080 Collection ofDowntown•BenefitAssessment.
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 BxD'Advisozy Board
4 rnay, from time to time, assess late charges on unpaid:BID'assessment charges.
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 ofDirectors 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 fox the District Board of Directors to present an annual-
16 : budget-for City Council-review and appfoval 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'3 budget as agreed to and presexited by the District Board of Directors
21 e tcept.in the case of a written majority protest (regarding elirruriation or modification of any
22 specific budget item) from business owners which will pay 50% or more of the assessm.elits
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 Distiiot's proposed budget pursuant to the written protest.
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 Rinds generated under this program shall be final.
30
31
Ord. 2104NCS Page 7
17
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1 6.40.120 DistrietTroceeds Do Not Offi.et City Sexvxees.
2 City specifically find's and declares that the funds derived from the District shall not.be used to
3 offset or,diminish current maintenance, capital improvement programs,including but not limited
4 to, public property and' sidewalk cleaning, street cleaning-and maintenance,.tree-ma-intenance,
5 restroom cleaning and maintenance, The City is not bound or obligated to'any specific amount
6 of funding to the District.
7
$ 6.40.130 D is establish meint of the District.
9 Proceeding to disestablish the District shall. be initiated by the City Council following the
10 , ptesentation 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 if,
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. .1'n the event of disestablishmew of the District,
15 remaining. revenues of-the District shall be, refunded to paying business owners in a•.pro-rota
16 manner calculated•in the same manner as was used to establish the-most recent assessments
17 applied in the District.
1$
19 : Section 3. If any*section, subsection, sentence, clause or phrase of this ordinance is, for any
20 season, held to be invalid or unconstitutional,.such invalidity or unconstitutionality shall not
21. affect the validity or constitutionEdity of the remainng portions of this ordinance, it being
22. ;expressly doclarecl that this ordinance and each section, subsection, clause and phrase hereof
21 would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that
24 • any cine or;more other sections, subsections, sentences, clauses, or phrases be declared invalid or
25 unconstituti6nal,
26
27 Section-4. The ordinance shall take effect upon the thirty-first(31st) day after its final passage.
29
Ord. 2104NCS Page 8 '
18
DocuSign Envelope ID:7992BCI I-F28B-451 B-AF2F-68DD2EOC9EC5
1 INTRODUCED and ordered Posted/Published this 16th day of October 2000, ADOPTED ties
2 20th day of November, 2000,by the fallowing vote:
3
4 AYES:Healy,Kotler, Cader Thompson, Hamilton,Maguire,•Vice Mayor Toxhatt;Mayor
5. Thompson
: 6
7 NOES:None
8
9 .ABSENT: None
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Al ABSTAIN:None
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'14 Mayor
16 ATTEST; APPOVEI
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Ord.2104NCS . Page 9
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