HomeMy WebLinkAboutResolution 2012-012 N.C.S. 01/23/2012 Resolution No. 2012-012 N.C.S.
of the City of Petaluma; California
ESTABLISHING THE LEVY FOR THE 2012 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 ("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 arc 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:
Resolution No. 2012-012 N.C.S. Page 1
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, in accordance with Section 36533 of the Act, the City Council has
reviewed and approved the 2012 DPBID Annual Report and Budget submitted by the DPBID
Board of Directors at the regularly scheduled and duly noticed
January 9, 2012 City Council meeting; and,
WHEREAS, in accordance with Section 36534 of the Act, at the regularly scheduled and
duly noticed January 9, 2012 City Council meeting, the City Council adopted a Resolution of
Intention to levy the 2012 annual assessment for the DPBID; and,
WHEREAS, the Resolution of Intention was published in a newspaper of general
circulation in the City at least seven (7) days prior to the hearing; 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:
Resolution No. 2012-012 N.C.S. Page 2
50% Security $32,500
28% Marketing $18,200
20% Beautification $13,000
2% Administration $ 1,300
Total $65,000
WHEREAS, the 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; and,
WHEREAS, in accordance with Section 36524 of the Act, on January 23, 2012, the City
Council held the public hearing on the 2012 DPBID annual levy and heard and considered all
protests against the annual levy, the DPBID area, the extent of the area, or the furnishing of
specified types of improvements or activities within the area; and,
WHEREAS, in accordance with Section 36525 of the Act, following the public hearing
on January 23, 2012, 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 DPBID area that will pay 50 percent or more of the proposed annual assessment.
NOW, THEREFORE, BE IT RESOLVED that the Petaluma. City Council hereby
levies the assessment described in the DPBID Annual Report and Budget for Fiscal Year 2012,
which is attached and made a part of this Resolution as Exhibit 2, to pay for improvements and
activities within the DPBID 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 ..ro ved as to
Council of the City of Petaluma at a Regular meeting on the 23rd day of January, form:
2012, by the following vote:
City ttorney
AYES: Albertson, Barrett,Mayor Glass. Harris. Kearney,
NOES: None
ABSENT: None
ABSTAIN: Healy.Vice VVice Mayor Renee i
ATTEST: \_ Clerk l/`n�c/ MOO _ ���
City Clerk Mayor
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