HomeMy WebLinkAboutResolution 2023-185 N.C.S. 12/18/2023 DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDCO
Resolution No. 2023-185 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING THE 2024
DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND
RELATED BUDGET; DECLARING THE INTENTION TO LEVY THE 2024 ANNUAL
ASSESSMENT FOR THE DISTRICT; AND SETTING A PUBLIC HEARING ON THE PROPOSED
2024 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 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. Facade 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
Resolution No. 2023-185 N.C.S. Page I
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WHEREAS, Section 36535 of the Act provides that public hearings on levy of annual assessments
pursuant to the Act must be conducted in accordance with Sections 36524 and 36525 of the Act, which provide
as follows:
A. The City Council shall hear and consider all protests against the establishment of the area, the extent of
the area, or the furnishing of specified types of improvements or activities within the area. A protest may
be made orally or in writing by any interested person. Any protest pertaining to the regularity or
sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to
which the objection is made.
B. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing.
The City Council may waive any irregularity in the form or content of any written protest and at the public
hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at
any time before the conclusion of the public hearing.
C. Each written protest shall contain a description of the business in which the person subscribing the protest
is interested sufficient to identify the business and, if a person subscribing is not shown on the official
records of the City as the owner of the business, the protest shall contain or be accompanied by written
evidence that the person subscribing is the owner of the business. A written protest which does not comply
with this section shall not be counted in determining a majority protest.
D. If written protests are received from the owners of businesses in the proposed area which will pay 50
percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce
the protests to less than that 50 percent,no further proceedings to create the specified parking and business
improvement area or to levy the proposed assessment, as contained in the resolution of intention, shall be
taken for a period of one year from the date of the finding of a majority protest by the City Council.
E. If the majority protest is only against the furnishing of a specified type or types of improvement or activity
within the area, those types of improvements or activities shall be eliminated; and
WHEREAS, the proposed DBID 2024 Budget establishes the following budgetary priorities with estimated
revenues and expenditures; and
Percentage Services Amount
27% Security $19,710
23% Marketing $16,790
30% Beautification $21,900
20% Administration $14,600
Total $73,000
Resolution No. 2023-185 N.C.S. Page 2
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WHEREAS,the 2024 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 and contains a full and detailed description of the DBID improvements
and activities to be provided for the 2024 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 2024 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:
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 2024 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 2024 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 A
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 2024 will
be conducted by the City Council on Monday, January 8, 2024, at the hour of 6:30 p.m., or as soon
thereafter as the matter will be heard. The hearing will be held in person at City Hall, 11 English Street,
Petaluma, Calif. Information on how to listen and/or speak at the hearing will be on the January 8,
2024, Petaluma City Council meeting agenda: https://cityofpetaluma.or9/meetings/by January 4, 2024.
Resolution No. 2023-185 N.C.S. Page 3
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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 18"day of December Docusignea 13y"""
2023,by the following vote: n
�w City Attorney
AYES: McDonnell,Barnacle,Cader Thompson,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
RECUSED: Healy
DocuSigned by: DoouSigned by:
tile, j L)
ATTEST:
fit_J�Mg?1429E4492... Mayor
Resolution No. 2023-185 N.C.S. Page 4
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Attachment 2 - Exhibit A
Petaluma Downtown Business Improvement District
2024 Annual Report, Budget, Assessment Schedule, and Map
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.
5) Surplus/Deficit Carried Over from Prior Year: None
6) Contributions from Other Sources: None
2024 Budget Allocations
Percentage Activity Type Amount
27% Security $19,710
23% Marketing $16,790
30% Beautification $21,900
20% Administration $14,600
100% Total Services $73,000
Security- 27% - The Petaluma Downtown Association (PDA) contracts for security
coverage of the general downtown area to be performed on a regular nightly schedule.
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. This budget item
also includes costs associated with assessment collections, including accounting services,
printing, and mailing/postage.
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BID 2024 Proposed Projects
Projected Revenue
100%Collection $ 73,000
Proposed Projects Expected Notes
Security Patrols Private security patrols DAILY 10pm-4am 52 weeks
Security 27% $19,710
Destination marketing downtown $ 2,500 Destination marketing ads & editorial in Chamber&Visitors guide
Sidewalk Sale $ 1,200 Street banner$400, additional banners $150 advertising $500
Billboard Signage $ 1,550 Billboard signage for peak events in downtown
Trick or Treat $ 700 Posters, maps, ads, balloons
Social Media Campaigns $ 1,000 Ads thru facebook &other social media promoting events &downtown
shopping
Holiday Merchant Events Downtown $ 3,000 Carolers, horse & buggy rides, entertainment, flyers, posters, ads
Holiday Marketing season $4,340 Ads digital and print promoting events &downtown shopping
Holiday Radio ad campaign $2,500 Holiday radio campaign -4 weeks shared with merchants
SubTotal $ 16,790
Marketing 23% $16,790
Signage $ 2,000 Directional signage to downtown
Misc. materials $ 2,000 Support for events downtown
Holiday Lighting $ 2,000 Holiday additional lighting
Holiday Decorations $ 10,900 70 Holiday banners, 8 wreaths installation up and down, cleaning,
updating and storage
4 seasonal banner placement $ 5,000 Spring, Summer, Fall Banners
SubTotal $ 21,900
Beautification 30% $21,900
Administration Costs
BID local billing &collection $ 9,500 BID processing locally
Office staffing costs allocation $5,100 Administrative cost allocation
SubTotal $ 14,600
Administration 20% $14,600
GRAND TOTAL $ 73,000
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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: 1CF6ECO2-87F4-4494-B893-633AOA19EDCO
Petaluma Downtown Business Improvement District Boundary Map
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DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDC0 EXHIBIT B
2nnn
1 ORDINANCE N0, 2104 N.C.S.
-3
5 Introduced by Councilmember
Seconded by Councihnember
6
7 Matt Ma ire. '##yi
Pamela Torliatt
'9
16-
12 AN ORDINANCE, OF Tom+ C.L y C U`NCjL OP THE CZT Y OF P TALUMA,' '
13 CALIFORS7�A,A�:UDING;CHAPTER 6.04 TO THE PETALUMA MMCIl'AL CODE
14 ESTABLISHING•THE DOWNT6WN PETALUMA
15 BUSINESS IMPROVEMENT DISTRICT
16 E'
17 RECITALS:
is
19 WHEREAS,,on September 18, 2000, the City Council of Petaluma, on•-behalf of the City of I
20 Petaluma, . (the "City"), adapted Resolution #00-177 N.C.S. (the `*soluti6:n"1% declaring its
21 intention to establish a Parking and Business Improvement District (hereinafter 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
f
24 'benefit the businesses in the District, pursuant to the Parldng-and Business Improvement Area
25 •:Law of 1989 •Part 6 cofnmencin wi 4=( g th Section 36500) of Division 18 of Califorzua Streets
26 and-Highways Code (the "Apt"); and,
27
28 WHEREAS, pursuant to the Act and the Resolution, City conducted a public hearing, after
29 having given due notice thereof as re aired
- q by law, on October 16, 2000, at 7:00 PM, at.City
30 Hall, II English Street,-Petaluma, Califcirnia; and,
31
32 WHEREAS, 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,
. 1.
Ord. 2104 NCS
Page I
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1 WHEl<2.EAS, protests.in writing from businesses in the proposed District paying 50 or more of
2 the proposed assessment have not been received; and,
4 WHEREAS, this City Council has'now defetir ned to establish the proposed District as- a
5, Parking and Business Improvement Area, to provide for the imposition of a benefit assessment
6 and.to adopt an ordinance to such effect; acid,
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 assessments levied hereby in the mariner
10 prescribed herein; and,
I'
12 WHEREAS, this City Council may, for each ofthe purposes set forth in Section 36510 & 36513
13 of the Act., establish bne or more separate benefit zones based upon the degree of benefit derived
14 from the formation of the District, and may impose a tiered assessment or charge within each of
15 the benefit zones; and,
16
17 'WIFIEREAS, all provisions, of the .Act :applicable to the establishment, ' modification; or
f
18 dnsestablishment of a District shall apply to,the.establishment, rfnodification, or disestablishment
19 of benefit zones pursuant to the Act, and the establishment or the modification of any benefit f
20 zone shall follow the.same-procedure as.provided for under the establishment of a parking and
. I
21 business improvement district; and,the disestablishment of a benefit zone shall follow the same
22 procedure as provide for disestabEshment of a District; and,
23
•24 WHEREAS, upon the request of the District- Board of Directors, this City Council 'shall:
•25, commence the proceedings required. by Iaw to amend the boundaries, assessments or charges r
26 established pursuant to this Ordinance subject to approval of the Board of Directors of the
E
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 shall 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,
31
Ord, 2104 NCS Page 2 .
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1 'WHEREAS, adjustments may be made in the assessments or charges to businesses in the
2 District, or in the uses to which the revenue •shall be put, 'as' specified in this Ordinance and
3 subject to Board approval, provided such changes are made by a supplemental Ordinance
4 adopted after a hearing before the City Council; and,
6 WHEREAS, for purposes of the assessments or charges to be imposed'pursuant to .this,
7 Ordinance, tlus City Council may make a reasonable classification of businesses, giving
I
8 consideration•to,'-various factors, including general benefit to'businesses and the degree'of benefit
9 received from District programs; and;
10
11 WHEREAS, 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. CITY COUNCM OF TELE CITY OF PETALUMA,,DOES
16 ORDAIN AS FOLLOWS:
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 herein by reference.
22 Section•2. CHA'TER 6.04 is herebyadded the to Petaluma Murucipal Code; providing as i
23 follows: '
24
25, CHAPTER 6.04 DOWNTOWNPETA,LUMA_BUSMSS IMPROVEMENT DISTRICT. k.
26
27 6.04.010 Definitlon .
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
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Ord. 2104 NCS = Page 3
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1 A. Retail Businesses: "Retail Businesses" include all businesses not Covered by other
2 definitions set out in this section, at least fifty percent (SO%) of whose grass income is
3 derived from "retail sales" as-that term-is defined under the California, S ales and Use Tax
4 Law, The fact that a substantial part of its business consists of safes other than retail sales
5 does .not 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;
9 B. Restaurants: "Restaurant". businesses include cafes, eating estabfislumnts, 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..
15 17, Service: "Service" businesses include businesses that combine retail and product services.
16 Bxampleg 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 r
20 companies, entertainment businesses and other similar businesses not otherwise included '
21 in categories a,b, c, e, or g are included in tliis`section;.
22
23 E, Lodging: "Lodging" businesses include inns, hotels- motels, RV Parks and other similar
24. businesses; r
I%
25
26 F, Professional: "Professional" includes attorneys, _architects, accountants, engineers,
27 surveyors, physicians, dentists, optometrists, chiropractors and others in a medical
28, health service field, consultants, real estate biokers, financial advisors, laboratories
29 (including dental and optical),:bearing aid services, artists, photographers and designers.
30 E
31
Ord. 2104 NCS Page 4
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1. G. Financial: Banks, savings•&loans., credit unions, etc.
3 H. Calendar-Year: "Calendar Year" means4anuary Ist to and including December 3Tst of
4 the same year.
5
6 I. Billing Period: "Billing Period" shalt refer to the period of any portion of a calendar year
7 in which a business operation as defined above.
9 6.04,020 Establishment of Bou"adaries.
10 A Parking and Business Improvement District is hereby-established pursuant to the Parking and'
I I Business Improvement Area.Law of 1989, Streets and Highways Code Section 36500 et seq. The
12 boundaries of the District and.- the beriefit zones within the District shall be as set forth on the
- I
13 Exhibit 'W', 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
17 6.04,030 Establishment of District Board-ofDirectors.
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:
rrct:WYtlun the Board there
20 • shall be a President, .Vice-President, Secretary and Treasurer elected by the membership, and
21 such other officers as deemed necessary by the Board.: Such other officers shall be appointed b
pP Y
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-arid routine conducting .of .District F
.24 Business shall be based on one (1) vote per assessed dollar, 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 ofBeneritAssessment. .
28 All 'businesses, trades, and professions located within the District boundaries shown on. the
29 Exhibit "A" referenced in Section 6.04.030,- shall, commencing 7anuary 1, 2001, pay an annual
30 benefit assessment to the District in an amount adopted by-Re ' of the City Council of the
31 City ofPetaluma.
-Ord. 2104 NCS Page 5
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1 - 6:04.050 Purpose and Use of BenefitAssessm-ents', -
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:
8 1 Benches; .
9 2 Trash receptacles;
10 3 • Decoratidns-
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-tape
16 place on'or'in public places within the area;
17 2 Furnishing,of music in any public place in the area;
r
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.a60 Exclusions From Benefit Assessment.
22 No person.or business shall be required to 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
26 6.04.070 New$usi less Assessment Waiver.
27 Any new business established within the District shall not be required to pay.an assessment for
I
28 the Billing Period during which said business is initiated. The business will have been
29 considered initiated on the date ofissuance of the business-license. This waiver shall not apply to
30' an existing business that has changed ownership or location within.the District. City agrees to
31 supply the District with timely information regarding new-businesses initiated within the District.
f;
Ord. 2104 NCS Page 6
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1 6.04.080 Collection of Downtown-Benefit Assessment.
2 The benefit assessrrzent authorized by this Ordinance for Downtow' n Petaluma businesses
3 (Section 5.0 hereof), shall be billed and collected each Calendar Year: The MD'Advisory Board
4 may, from time to time, assess late charges on unpaid BID'assessment charges.
5
6 6.04.690 'V'oluntaiq Contributions to Distract,
7 Contributions to the District shall be permitted on a voluntary basis. The.boundary, of the j
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 findirig 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 fov 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 pres6ited 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 assessrnmits f
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 Districts proposed budget pursuant to the written protest'.
27 6,40.110. Decisions Regarding Expenditure of Funds.
29 As provided for within the guidelines of SB 1424, decisions of the District Board of Directors
29 regarding expenditure of all funds ,generated under tlmis program shall be final. _
30
31
Ord. 2104 NCS Pa* ge 7
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1 6,40.120 District Proceeds Do Not Offset City Services.
2 City, specifically finds 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 maintenance,
5 restroom cleaning and maintenance, The City is not bound or obligated 'to-any specific amount
6 of funding to the District,
7
8 6-40.130 Disestablisbmei nt of the District.
9 Proceeding to disestablish the District shall. be initiated by the City Council following the
10 . pkesentation 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 CC 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. In the event of.disestablishment of the District, j
15 remaining.revenues of the District shall be refunded to paying'business owners in a,pro-rata
16 manner calculated.in the same manner as was used to establish the,most recent assessrrients
17 applied in the District.
19 : Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any
20 .reason, held to be invalid or unconstitutional, .such invalidity or unconstitutionality shall not
21. affect the validity or constitutionEility of the remaining portions of this ordinance, it being
22. ;expressly declared that this ordinance and each section, subsection, clause and phrase hereof
23,. would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that
24 • ' any one or more other sections, subsections, sentences, clauses, or phrases be declared invalid or
25 unconstitutional.
26
27 Section-4. The ordinance shall take effect upon the thirty-first(3lst) day aver its final passage.
28 •
29
Ord. 2104 NCS Page 8
18
DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDCO
1 RnRODUCED and ordered Posted/Pubfished this 16th day of October 2000. ADOPTED this
2 20th day of November, 2000,by the following vote:
3
4 AYES: Healy,Keller, Cader-Thompsoni., Hamilton, Maguire;Vice Mayor Torliatt;Mayor
5. Thompson
6
7 NOES:None
8
9 ABSENT:None
10
.11 ABSTAIN:None
12
13 _
14 Mayor
15 f
16 ATTEST: • • '• ` A.1�P-ROVEL�.- O�' RM: c
17
18
E
19 Cit Cler 1 C iK
ity Attorn
1,
C
Ord. 2104 NCS . Page 9
19
DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDCO
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