HomeMy WebLinkAboutResolution 2012-004 N.C.S. 01/09/2012 Resolution No. 2012-004 N.C.S.
of the City of Petaluma, California.
APPROVING THE 2012 DOWNTOWN PETALUMA BUSINESS IMPROVEMENT
DISTRICT ANNUAL REPORT AND RELATED BUDGET; DECLARING THE
INTENTION TO LEVY THE 2012 ANNUAL ASSESSMENT FOR THE
DISTRICT; AND SETTING A PUBLIC HEARING ON THE
PROPOSED 2012 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 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 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 DPBID 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. 2012-004 N.C.S. Page 1
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 2012 DPBID Annual Report proposes no changes in the boundaries,
method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID
2012 Budget establishes the following budgetary priorities with estimated revenues and
expenditures:
50% Security $32,500
28% Marketing $18,200
20% Beautification $13,000
2% Administration $ 1,300
Total: $65,000
WHEREAS, the 2012 Annual Report of the DPBID is on file at the City Clerk's office
for public review and contains a full and detailed description of the DPBID improvements and
activities to be provided for the 2012 fiscal 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 2012 fiscal year.
Resolution No.2012-004 N.C.S. Page 2
NOW, THEREFORE, BE IT RESOLVED THAT 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 DPBID Annual
Report and Budget for Fiscal Year 2012 to pay for improvements and activities within the
DPBID which is attached and made a part of this Resolution as Exhibit I in accordance with
Chapter 6.04 of the Petaluma Municipal Code and the Act. The City Council reviewed and
approved the DPBID 2012 Annual Report and Budget at their January 9, 2012 Council meeting,
at the Petaluma City Council Chambers, 11 English Street, Petaluma, CA.
BE IT FURTHER RESOLVED that a public hearing will occur on January 23, 2012 at
7:00 PM, at the Petaluma City Council Chambers, 11 English Street, Petaluma, CA, concerning
levy of the assessment proposed for the DPBID for calendar year 2012. At the hearing, written
and oral protests may be made in accordance with California Streets and Highways Code
Sections 36524 and 36525.
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 ,t\ppP ivied 1—to
Council of the City of Petaluma at a Regular mectingon the 9'h day of.January. on :
2012. by the following vote:
City ttorney
AYES: Albertson, Barrett. Mayor Glass, Harris. Kearney
NOES: None
ABSENT: None
ABSTAIN: Vice Mayor Healy,
ATTEST: law l.N off/Ch//.
City Clerk ayor
Resolution No.2012-004 N.C.S. Page 3
Exhibit 1 to Resolution 2012-004 N.C.S.
DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT
FY 2012 ANNUAL REPORT, BUDGET 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
Downtown Petaluma Business Improvement District
2012 Budget Allocations
• 50% Security $32,500
• 28% Marketing $18,200
• 20% Beautification $13,000
• 2% Administration $ 1,300
Total: $65,000
Security - 50% - The 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 - 28% - 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; i.e.,
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 - 20% - A volunteer committee meets to consider requests for investing in beautification
projects downtown.
Administration - 2% - Collected funds go to the day-to-day operations of the PDA office. Cost centers
include rent, salary expense, and event coordination (implementation of downtown events like Butter
and Egg Days, Antique Faires (2), Art and Garden Festival, etc.).
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.
Resolution No. 2012-004 N.C.S. Page 4
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 Employees/Operators) $100 $75 $50
Businesses (4-6 Employees/Operators) $200 $150 $100
(7+ Employees/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.
Resolution No. 2012-004 N.C.S. Page 5
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Resolution No. 2012-004 N.C.S. Page 6