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HomeMy WebLinkAboutStaff Report 5.B 11/19/2012 Ageinvicti Ite'tw#°5 .3 a 1lf .: 185s DATE: November 19, 2012 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Bill Mushallo; Finance.Director SUBJECT: Resolution;to Approve the 2013 Downtown Petaluma Business Improvement District Annual Report and Related Budget; Declaring the Intention to Levy the 2013.Annual Assessment, and Setting;a Public Hearing on the Proposed 2013 Annual Assessment RECOMMENDATION, It is recommended that the City Council adopt the attached Resolution Approving the 2013 Downtown Petaluma Business' Improvement District Annual Report and Related Budget, Declaring the Intention to Levy the 2013 Annual Assessment for the District and Setting the Public Hearing on the Proposed-2013 Annual Assessment. BACKGROUND In November 2000, the Petaluma City Council adopted Ordinance 2104 N.C.S., establishing the Downtown Petaluma Business'Improvement District (DPBID). In the Ordinance, codified in Chapter 6:04 of the Petaluma Municipal Code (PMC), a Board of Directors is established to administer the affairs of the District. Under PMC section 6.04.100, the Board of Directors must present the City Council with an Annual Report and related budget information for review and approval prior to adopting a Resolution of Intention to levy an annual assessment. The fiscal year for the BID begins.on January 1st. The 2013 Annual Report does not propose to change the district boundaries or increase the assessment or modify the method of assessment. The types of improvements and activities included in the 2013 proposed budget, which are the same as the 2012 budget, for funding by the levy of assessments on businesses in the District are as follows: • 50% Security $32,500 • 28%, Marketing $18,200 • 2.0% Beautification $13,00.0 • 2% Administration $ 1,300 Total: $65,000 Agenda.Review: City Attorne _� Finance Director City Manager S DISCUSSION • Pursuant to PMC Section 6.04.100, the district board of directors must annually present a budget for city council'review and approval prior to the beginning of each fiscal year. The purpose of this process is to comply with the Act provisions regarding public notice and hearing prior to establishing the benefit assessments for the following fiscal year. It is recommended that the public hearing be held on December 3, 20 P2. At that time the City Council will be asked to consider public comment_:and input on the proposed budget and the BID annual assessment. The City Council cannot adopt, modify or otherwise amend the proposed budget of the district in a manner that is inconsistent'in any way with the budget as agreed to and presented by the district board of directors except in the case of a written majority protest from business owners which will pay fifty percent or more of the assessments proposed to be levied. FINANCIAL IMPACTS Over the past eleven years, the BID has received the following from assessments: • 2001 $27,633 • 2002 $37,202 • 2003 $23,862 • 2004 $53,300 • 2005 $51,379 • 2006 $54,054 • 2007 $57,110 • 2008 $54,644 • 2009 $49,932 • 2010 $55;757 • 2011 $55,994 • 2012 $45,176 net revenue as of 10/29/2012 ($19,992 receivable) MuniServices, LLC performed the BID billing and collection services for 2012 and will carry out these same services in 2013. The services include printing and mailing the BID notices and attachments, validating account information against MuniServices' proprietary database, processing and depositing all payments, and preparing and submitting reports to City and Petaluma Downtown Association staff for periodic review. MuniServices mails two additional notices and makes one follow up phone call to customers who do not remit their annual BID payment_ in a, timely manner. MuniServices' fee for these billing and collection services is $11.00`per-processed account and is paid for by the BID. There-is no cost for this service to the City. The net collected amount is deposited into the Petaluma Downtown Association's bank account. MuniSer.`vices also provides year-round delinquent account collection services. MuniServicesrestimates,$19,992 in net delinquent account collection revenue for calendar year 2012. Representatives of the Downtown Association have approved the MuniServices' service agreements. 2 Z ATTACHMENTS 1. DPBID Annual Report, Budget and Map for'2013 Fiscal Year 2. Resolution Approving 2013 Annual Report and 2013 Budget and Declaring Intention to Levy Annual Assessment 3. Ordinance 2104 N.C.S.(Exhibit 1 to Resolution) with Exhibit A to Ordinance 4. Letter of Correspondence and Financial Information from the Petaluma Downtown • Association 5. Draft Letter to Business Owners and BID Invoice with Attachments 3 3 ATTACHMENT 1 DOWNTOWN PETALUMA BUSINESS,IMPROVEMENT DISTRICT FY 2013 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 inthebudget below. 5. Surplus/Deficit Carried Over from Prior Year: None 6. Contributionsfrom Other Sources: None Downtown Petaluma Business Improvement District 2013 Budget Allocations • 50% Security $32,500 • 28% Marketing $18,200 • 20% Beautificafion .$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-torday 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.). 4 I 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 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. 5 .S !I Off hi 2 p If 1 ' % S - tilt ut II �` L limes •.-4..tarbir am,,t,„itein tuts IOU = ...„„t,' L. ; I i in f 13 1 s j — T '. ■ �A' `V' ' ,i. ;. r if °�' ' ,,a 4 it{D sic 1194- ."40 .44,*4444414P.tistait*'et NI .44'..*22-- 410# . ite e i F 7 t air-4"4Y Y 4 � ,� � -. (•-• ice, � ♦ �`v' e M1 it ktir lit 10'a ' a"' - __ _ 4,411.. ..... 1.74L ,., __ 6 c, ATTACHMENT 2 Resolution No. N.0.S of the City of Petaluma, California RESOLUTION APPROVING THE 2013 DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND RELATED BUDGET; DECLARING THE INTENTION TO LEVY THE,2013 ANNUAL ASSESSMENT FOR THE DISTRICT; AND SETTING A PUBLIC HEARING ON THE PROPOSED 2013 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 WI-IEREAS, 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: . i , 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: I. 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 iitpublic 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 app roval prior to the City Council consideration of levyinga.benefit assessment for the following fiscal year; and 7 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. 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 l 1 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 2013 DPBID Annual Report proposes no changes in the boundaries, method of assessment, or rate of assessment related to the DPBID; and the proposed DPBID 2013 Budget establishes the following budgetary priorities with estimated revenues and expenditures: 8 8 50% Security $32,500 28% Marketing $18,200 20% Beautification $13,000 2% Administration $ 1,300 Total: $65,000 WHEREAS, the 2013 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 2013 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 2013 fiscal year. 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 2013 to pay for improvements and activities within the DPBID which is attached and made a part of.this Resolution as Exhibit 1 in accordance with Chapter 6.04 of the Petaluma.Municipal Code and the Act. The City Council reviewed and • approved the DPBID 2013 Annual Report and Budget at their November 19, 2012 Council meeting, at the Petaluma City Council Chambers, 11 English Street, Petaluma, CA; and . ,. BEIT�FURTHER RESOLVED that a public hearing will occur on December 3, 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 2013. At the hearing', written • • •and'oral protests' may be made in accordance with California'Streets 'and Highways Code • u'iSections 36524 and 36525. . & In accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office at (707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign Language interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon request. A Minimum of 48 hours is needed to ensure the availability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is requested that you refrain from wearing scented products. The City Clerk hereby certifies that this agenda has been posted in accordance with the requirements of the Government Code. 1754406.1 9 9 EFFECTIVE=VE= D .T; rl ATTACHMENT 3 OF o MANCE EXHIBIT 1 TO RESOLUTION DC'C 2-Q inn" 1 ORDINANCE NO. 2104 N.C.S. 2 3' 41 51 Introduced by Councilmember Seconded by Councilmember 6, 7, Matt Maguire Pamela Torliatt 8 9! 10 11 12' AN ORDINANCE OF',THE CITY COUNCIL OF THE CITY OF,PETALUMA, 13 CALIFORNIA, ADDING CHAPTER 6.04 TO THE PETALUMA MUNICIPAL CODE 14 ESTABLISHING THE DOWNTOWN PETALUMA 15 BUSINESS IMPROVEMENT DISTRICT 16, 17 RECITALS: 18 • 19 WHEREAS, on September 18;.2000, the City Council of Petaluma, on behalf of the City of 20I Petaluma, (the "City"); adopted Resolution #00-177 N:C.S. '(the "Resolution""), 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 24 benefit the businesses in the'District, pursuant to the Parking and Business Improvement Area 25 Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets 26 and Highways Code(the'"Act"); and, 27 28 WHEREAS, 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 PM, at City 30 Hall, 11 Engtish'Street, Petaluma, California;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, Ord. 2104 NCS Page I • 10 1 WHEREAS, protests in writing from businesses in the proposed District'paying 50% or more of 2 the proposed assessment,have not been received',and, 3 4 WHEREAS, this City Council, has now determined to establish the proposed District as a 5 i Parking and Business Improvement Area, to provide for the,imposition of a benefit assessment 6 I and to adopt an ordinance to such effect; and, 7 , 8 I WHEREAS, in the opinion of this City Council, the businesses within the District will be 9 ! benefited by the expenditures of the funds raised by the assessments levied hereby in the manner 10 prescribed herein;and, 11 12 WHEREAS, this City Council,may, for each of the 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 I from the formation of the District, and may impose a tiered assessment or charge within each of 15 , the benefit zones; and, 16 I 17 WHEREAS, all provisions of the .Act applicable to the establishment, modification, or 18 disestablishment of a District shall apply to the establishment, modification, or disestablishment 19 of benefit zones pursuant to the Act, and the establishment or the modification of any benefit 20 zone shall follow the same procedure as provided for under the establishment of a parking and 21 business improvement district;, and the disestablishment of a benefit"zone shall follow the same 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 the 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 raguiieirients'of the.Act, but no assessment or charge shall be modified which would 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 hl • 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 31 subject to Board approval, provided such changes are made by a supplemental Ordinance 4 adopted after a hearing before the City Council; and, 5 • 6' WHEREAS, for purposes of the assessments or charges to be imposed pursuant to this 71 Ordinance, this City Council may make 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 WHEREAS, the assessments or charges levied on businesses pursuant;to this Ordinance shall, to 12 the maximum extent feasible, 'beilevied on the basis of the estimated benefit to the businesses 13 I within the District. 14 , 15 ' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES 16 ORDAIN 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. I certain findings of the City Council, are true and correct and incorporated`herein by reference. 21 22 Section 2. CHAPTER 6.04 is hereby added to the Petaluma Municipal Code, providing as , 23 , follows: 24 25 CHAPTER 6.04 DOWNTOWN PETALUMA BUSINESS IMPROVEMENT DISTRICT. 26 27 6.04.010 Definitions. 28 In order to _distinguish between District businesses and for the purpose of calculating and 29 applying`therambun'tofassessments owed, the following definitions shall apply: 30 31 Ord. 2104.NCS Page 3 Iz 1 A. Retail Businesses: "'Retail Businesses" include all businesses not covered by other 2 definitions set out;in'this'section, at least filly percent450%) of whose gross income is 3 derived:from 'retail!:sales" as that tennis defined under the California'Sales and Use Tax 4 Law. The;fact thara substantial part of its business consists of sales other than retail sales S does not exclude said business from, this classification so long as such other business 6 component does,not account for more than fifty percent (50%) of said business' gross 7 income; 8 B. Restaurants: ""Restaurant" businesses include' cafes, ,eating establishments; sandwich' 10 shops„dinner`houses; restaurants and fast food services and other similar businesses; 11! 1 12 C. Antique Collectives: "Antique Collectives' includes such businesses and business 131 locations that represent multiple dealersiof antique merchandise witlunone location. 141 11 D. Service:. "Service" businesses include businesses that eoinbine;retail and product services. 16 Examples are appliance stores, most automotive-oriented businesses, repair shops, 17, repairing and sêrviing businesses and service stations Other businesses of a general 181 service-type.nature such as,general office, news and advertising media, printers, renting 191 and leasing businesses, 'utilities, vending 'machine businesses, household finance 20. companies, entertainment businesses and other similar businesses not otherwise included 21 , in categories a; b, c, e; f, or g:are included in this section; 22 23 E. Lodging: "Lodging"° businesses include inns, hotels; motels;:RV 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 / 28 health' service field, consultants, real estate brokers, financial advisors, laboratories 29 (including:dentafand optical), hearing aid services, artists, photographers and designers. 30 31 Ord. 2104 NCS Page 4 13 1 G. Financial.Banks, savings&loans, credit unions, etc. 2 3 H. Calendar Year: "Calendar Year" means January 1st to and including December 31st 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 operationas,defined above. 8 9 6.04.020 Establishment of Boundaries. 10 ' A.Parking and Business.Improvement District is hereby established pursuant to the Parking and 11 i Business Improvement 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 Exhibit "A", as attached to the Ordinance adopted to create said District and incorporated herein 14 I by reference. This District shall be known as the "Downtown'Petalunia Business Improvement 15 District" (the"District"). 16 17 6.04.030 Establishment of.District-Board of Directors. 18 I 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. Within the Board there 20 ,i 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 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 normal and routine conducting of District 24 Business shall be based on one (I) vote per assessed dollar, and saidbusiness must be current in 25 payment of their District assessment(s)to participate in such.votes. 26 27 6.04.040 Establishment of Benefit Assessment. 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 January 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. 2104 NCS Page 5 • It{-• • 1 6.04.050 Purpose and Use of Benefit Assessments. 2 The types of improvementsand activities proposed to.be funded by the levy of assessments on 3 businesses in the District 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 Decorations; 11 4 Facade improvements; 12 5 Permanent landscaping 13 14, B. Activities including but notlimited to the following: I 15 1 promotion of public events which benefit businesses in the area and which take 161 place on or in publicplaces within the 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 191 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 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 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 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 location within the District. City agrees to 31 supply the District with timely information regarding new businesses initiated within the District. Ord. 2104 NCS Page 6 Is- 1 6.04.080 Collection of.Downtown Benefit Assessment. 2 The benefit assessment authorized by this Ordinance for Downtown Petaluma businesses 3 (Section 5,0 hereof), shalt be billed and collected each Calendar Year. The BID Advisory Board 4 may, from time to tirime,.assess,late charges on unpaid BID assessment charges. 5 6 I 6.04.090 Voluntary Contributions to District. 71 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 I 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 of Directors that the District derives a benefit from said business' 12 participation in the program. 13 14 6.40.100 Annual Budget Process. L. 15 I Pursuant to the Act, it shall be necessary for 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 i with said Fiscal Year's budget as.agreed to and presented by the District Board of Directors 21 I 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 assessments 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 District's proposed budget pursuant to the written protest. 26 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 regardingexpenditure[of all`,funds generated under this program shall be final.. 30 31 Ord. 2104 NCS Page 7 ((o 1 6.40.120 District:Proceeds Do Not Offset City Services. 2 City specifically findflnd declares ghat 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 Disestablishment of the District 9 Proceeding to disestablish the District shall be initiated by the City Council following the 10 presentation 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: In the event of disestablishment of the District, 15: remaining revenues of the District shall be refunded to paying business owners in a pro-rata 161 manner calculated in the same manner as was used to establish the most recent assessments 171 applied in the District. 18 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 constitutionality 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 I unconstitutional. 26 27 Section 4. The ordinance shall take effect upon the thirty-first(31st) day after its final passage. 28 29 Ord. 2104 NCS Page 8 11 I INTRODUCED and ordered posted/Published this .16th.day of October 2000. ADOPTED this 2 20th day of November, 2000, the following vote: 3I 4 AYES: Healy, Keller, Cader-Thompson, Hamilton, Maguire, Viee-Mayor'Torliatt, Mayor 5 Thompson. 6 7 NOES:None 8 9 ABSENT:None 10 11 ABSTAIN: None 12 13 14 Mayor 15 16 ATTEST: APPROVED"A -TO-FORM: 17 • 19 • Cit Cler; City Attorn` Ord. 2104 NCS Page 9 IS .• EXE11111T A tCrORDINANCE 2104 N.C.S. ,.., , ._.-,_.„c,:.,,-,-,...:„.. .e-r-,7c,-, , • .,...-c-t x,,,\.%.-1.-;.,',V1%;3-'1...et.Ii-':.-I- .17444774"' , A - 3,13c 3/ 1„33,/- 3"N.'').;& • A••••/,-,VV-",.-I k-‘312's-'924.;'rt..'•••1,\II:-.r.,;11,-:;' •••■•.,,L.-G- )1..eA4* .1 a.71.a.:•4 / "cc kr).7;•• -.1-...%:- •••i;,-' '1/ •-)-C)V. ci-).-e- . -*• •';'),;Z:Crk)e.:' sai(••••"‘ af.' 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II 1.4 17 -I f• n 5 ri 1 _ G 0 a T 1 c1/2;if-w: i. rs /9 I . . ice' - 7 —Its PELUMAW - W ATTACHMENT 4 ;DONTOWN �� 1/4.y/ ASSOCIATION , Our mission:is to contribute to'tie betterment of the Petaluma Historic Central Area And to promote and e'n'hance its position as the city's,retail and'commercial center. November 19, 2012 The Honorable Mayor David Glass-& Petaluma City Council Members Petaluma Downtown.Business'.Irnrirovenient District-Financial Impacts: I Over the past eleven fiscal years,.the:BID.has received the following from assessments: I • 2001 $27,633 • 2002 $37,202 • 2003 $23;862 • 2004 $53,300 • 2005 $51,379 • 2006 $54,054 • 2007 $56;960 • 2008 $54,644 • 2009 $49;932 ($9,500 went to collections) • 2010 $55;757 Includes collections from previous yr ($18,282 in collections) • 2011 $55,994.($7,070 went to collections) • 2012 $45;176 net revenue asiof 10/29/2012 ($19';992 in receivables) This year Muni Services took over the billing of the BID at the request of the city. Overall collection of the BID is down from last year with a large-amount still outstanding'and past,due'billsihavenot gone to collection yet. PDA are in discussions with Muni as when this will'happen and some cleaning up:of their database. The BID was able to cover some of thelkey:area§in keeping the downtown vibrant;cleaner and safer during 2012. Through sidewalk cleaning is necessary to remove the'build—up of gum;and'tree sap. We,will.continue to break the contract down the contract to incorporate!some;intermittent cleanings. Holiday banners and wreaths,provide for a festive atmosphere: Security cameras,and basic nightly securitypatrolsrincrease our safety downtown. Marketing and events are,crucial to raising the profile of the downtown retail center throughout the year. It id vital that the supplemental information,should accompany all bills sent out whether ibis the first or 2nd billing to give clarity. The,BID bill will have four attachments; a cover letter; exhibit A, a map of the BID area and a information update form to help us keep up with changes of address etc. The budget was revised to$65,000 which would more closely represent the actual'billing amounts. This year we have also changed the % levels in each category to reflect appropriate spending levels. The BID budget is allocated as follows: • 50% Security $32,500 • 28% Marketing $18,200 • 20% Beautification $13,000 • 2% Administration -$ 1,300 TOTAL: $65,000 Attached you Will find a accounting:of all BID expenditure from2001 thru-2012,.proposed BID,expenditure for 2013, example bill with four supporting pages of explanatory information and',guidelines for-the finance department. Y urs 'hcerel . Mariesker Ezecuti .Director" 210:Lakeville.Street,;Petaluma,California 94952 707.762:9348 fax 707.283-0528 Za • BID 2013 PROJECTED BUDGET • Projected.Revenue • - Total Possible $ 65,000 projected from total district data Expected i $ 55;000 assuming:85% collections Proposed Projects Expected Possible Notes Security 50% $ 26000.00 $ 32,500.00 !Security Patrol $ 5,000 on=going;ezpense for nightly private security patrols 'Cameras $ 21,000 Securit •cameras Marketing 28% $ 15,400.00 $ 18,200.00 - Destination Petaluma $ 10,000 Movie House Ads,,T.V. Destination marketing, General. $ 5,400 various Marketing.Committee projects Beautification 20% $ 12,500.00 $ 13,000.00 -Holiday Decorations $ 4,700 Xmas banners up and down,storage & cleaning Sidewalk Steam Cleaning $ 7,300 Semi-Annual steam cleaning Intermittent street cleaning Paint supplies for Graffiti • $ 500 clean up:supplies for graffiti ed Administration 2% $ 1,100:00 $'( 1,300.00 Total _.$ .55;000.00 $'65,000.00 • • • • . i Z1 III PETALUMA DOWNTOWN ASSOC BID ANALYSIS-START TO 08/30/11 MARKETING SECURITY BEAUTIFICATION ADMINISTRATIVE TOTAL 32% 32% 1851 '20% 100% BEGINNING BALANCE 0 • 0 0 0 0 'RECEIVED 07/00-06/01 6,340,16' 0,340.16 3,17000 3,96210 19,81100 EXPENSES 07/00-06/01 (555.00) (280.00) (03500) BALANCE 07/00-08/01 6,340,16 5,786.16 3,170.06 3,692.60 18,978.00 RECEIVED 07/01-05/02 2,658,40 2,556.40 1,27020 1189,00 7,99500 EXPENSES 07/01-06/02 (18,373.58) (0,356.19). 0.00 '(5,355.80) (30,087,35) BALANCE 07/01-08/02 (9,476.00) 1,985.37 4,449.20 (74.00) (3,114.36) RECEIVED 07/02.08/03 12,495.13 11,020,00 6,964.40 7,455.51 37,843.84 EXPENSES 07/02-08/03 (22,776.07) (15.061.00) (104.00) • (11,127.60) (49,06863) BALANCE 07/02-08/03 (19,766.94) (1,148.83) 10,309.60 (3,748.08) (14,339.14) RECENED 0710800104 8,218.98 8,216.96 4,100.48 5,135.60 25,078.00 EXPENSES 07/03-06/04 (5163.71) (12150.25) 0.00 (11,892.81) (29,106.57) BALANCE 07/03-08/04 (16,702.60) (4,980.12) 14,419.16 (10,603.08) (17,767.71) RECEIVED 07/04-08/05 30,032.00 30,032.00 16,016.48 78,770.56 93,852.84 I EXPENSES 07/04-08/05 (12,477.54) (8,000.00) (9,378.00) (8,773.14) (36,828,68) BALANCE 07/0406105 862.67 17,062.78 20,068.84 1,494.36 39,466.46 RECEIVED 07/05-08/05 15750.34 15750.34 7875.17 9543.90 49,219.83 I EXPENSES 07/05-08/08 (7,208.04) (15.640.00) (14,213.05) (11,339.34) (45,297.48) BALANCE 07105-08/08 9,396.07 417,263.12 13,718.73 0.00 40,37182 RECEIVED 07/06-08/07 20,393.23 20,393,23 10,198.01 '12,745.70 .63,728.03 EXPENSED 07/06-08/07 (12,896.09) (13,090.00) (18.175.02) (9,708.04) (53,669.15) BALANCE 07/08-06/07 17,094.11 24,688.36 6,740,32 3,037.72 60,438.60 I RECEIVED 07/07-00/00 17.50104 17,50104' 8,751.52 18939.76 54,697.36 I EXPENSED 07/07-08/08 (10,814.00) (16,284.00) (8,650.00) (10,135.80) (47,89180) BALANCE 07/07.06/00 23,963.15 23,605.39 5,84114 3,841.68. 67,442.08 I RECEIVED 07/08.06/09 14,254,09 14,264.09 7,127.05 8,908.47 44,643.70 EXPENSED 07/08-08/02 (21,01212) (21,411.28) 0.00 (14,934,11) (57,357.49) BALANCE 07/00-06/09 17,195.12 16,840.22 12,988,89 (2,183.88) 44,828.27 CHANGE IN PERCENTAGES 30%' 40%' '20% 10%' A00% RECEIVED 07/0940/10 15,191.05 20,254.73 10,127.37 5,08168 50,63183 EXPENSED 07/09-08/10 (16,912.30) (27,194.59) (17,445.00) (2,834.65) (04,18874) BALANCE 07/0108/10. 16,473.97 9,708.30 6,661.26 244.07 31,078.38 CHANGE IN.PERCENTAGES 29% 60% 20% 12% 100%' RECEIVED07/10-00/11 14,796.00 28,426.00 10,670.00 .1,057.00 52.850.00 EXPENSED 07/10-06/11i .(11700,74) .(21764.45) (529.42) (2,937.38) (47,931,97) BALANCE 07/10-00/11 14,671.13 7,368.91 15,691.84 (1,636:49) 36,996.39 RECEIVED 07/11-00112 '1100.00 2,500.00 1,000.00 .100.00 5,000.00 EXPENSED 07/11-06/12 (11,563.87) (27,390.45) (3,400.00) (2,316.14) 144,692.48) BALANCE 07/11700/12 4,367.28 (17,521,54) 13,201.84 (3,853,83) (3,686.07) Z City of Petaluma, CA tc A L Downtown.Business Improvement.District(BID) ,4' R Muni Services, LLC-as administering agent ��(� " 9 438 E Shaw Avenue Box 367 ,241,4t$}:': Fresno, CA 93710 -'- /858 JMUNISERVICES Business Name ATTACHMENT 5 DBA Address1 Add ress2 City, State, Zip January 1, 2013 MuniServices Account#: Dear Business Owner/Tax Manager **2013 CITY OF PETALUMA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID)** The City of Petaluma City Council partners with MuniServices LLC for'assistance,in tnecollectionof its Downtown Business Improvement District (BID) fees. This mailing is.to transmit the 2013 Downtown'Business Improvement District fees invoice that is due on or before March 31,;2013 and becomes ddelinquent on April 2013: This invoice is based and is to be calculated on your zone location*typerof business,and.amount of employeeees: To verify your calculation, the City of Petaluma uses data from the State EmploymenttD velopment(EDD'regarding,the number of employees you reported to them. Please be aware that items very important to check that;`you are accurately calculating on the correct number of employees. Please note that'employees are calculated on full time hours (part time employees should be addedbtogether to get a full time equivalent). Should you have any questions regarding your zoning or employee amounts, please,contact MuniServices at (866) 240-3665 or email � i MuniServices Support at support(rDmunise\d es com. � \ MuniServices Rerttittah e.Address:\ MuniServices LLC,a Attn,'Petaluma BID\ /438 E'Shaw.Avenue Box"367 . Fresno CA '93710 (Make Checks Payable To: Tax.Trust Account) • / err The-assessment was'estabhshedin'November.2000 when the PetalumaCityCouncil adopted Ordinance 214 N.C.S. establishing the<DowntownseBusiness Improvement District:(BID), This occurred at the request of the Petaluma Downtown Association (PDA)"after,an extensive public hearing process, required by State taw. During the process, local business owners"who''were to be included'in'the'BID had the opportunity to protest the formation of the district and terminate,.the process: ;However recognizing the utility of the"BID,.very few chose to oppose the BID and the Distnct was formed\ThePDA Board?serves'as:the BID Board of Directors and administers the funds collected from you by the City of Petaluma The PDA does not have-the authority to change this ordinance or grant exemptions. < ccordithe2i2 A nuaI Report lef't\BID, approved by the Petaluma City Council in December 2012, assessment funds will,beused?asfollows." j ; Li N. 50% Downtown Security $32,500 2 % Downtown Marketing $ 18;200 2 80% Downtown Beautification $13,000 2% Administration $N \../2 \ Total: $65`000 Please,support the`''Downtown Business Improvement District,by.making your timely payment as indicated on the enclosed invoice. Thank'.youfor your continued-efforts-to maintain in economically vibrant and attractive-downtown. Sincerely Yours, MuniServices, LLC • As administering agent for the City of Petaluma Z3 ,tALU City of Petaluma, CA e'd 2013 Downtown Business Improvement District (BID) 0;01 &a a Invoice r©MUNISemnces Remit To: Attn: MuniServices • 438:East Shaw Avenue, Box 367 • Fresno, CA 93710 Phone: '(866) 240-3665• Email: support(a)muniservices.com • Website: www.revds.com [Business Name] [DBA] Due on or before: March 31, 2013 [Address/] Delinquent: April 1, 2013 [Address2] [City, State, Zip] MuniServices Account#: Location Information: YOUR BID CATEGORY: [Street Address/, Street Address2] [Pre-print Category here] [City, State Zip] Downtown Petaluma Business Improvement District(BID)Assessment---\\ Table Retail.Restaurant and Antique Collectives:- Businesses that buy and resell goods-Or comestibles. Examples;are clothing stores, shoe stores,office supplies and antique shops as,well as businesses that sell prepared foodsand:drinks. Service Businesses: Businesses that sell services. Examples are beauty and barbershops repair shops,most automotive-. orientated businesses,entertainment businesses such as theaters.etc Lodging: Includes renting rooms by the day or week to community visitors Professional Businesses: Includes: Architects,'Engineers,Attorneys\Dentists;Doctors,Accountants;Optometrists,Realtors,.,, Insurance Offices,Mortgage Brokers.and most other businesses that-require advanced and/or•speciatized licenses and/or advanced v academic degrees. \ / Financial Institutions: Includes Banking,.Savings,Loan-and Credit Unions. \ / Internal Jur Code=9996 I MuniServices' - 1ZOneA . ° . `Zone EP "Zone C.[InternafCode Description'ofBusiness Code=a) r e]r@ Code:=.03 Retailers and Restaurants: Sched 1.0 0-3-employees \ r`$,150,pp. $,1bo.00 2 $50.00 Sched 1.0 4-6 employees \ \$250:00. . �$ 166.00/ $83.00 Sched 1.0 7+employees�� $,350:00 .$.232:00' $ 116.00 I MuniSrvices, Zone A. Zone.B - Zone C, Describlib eofiBusiness 1 �Interhal'Code a Ogragliket t 11- Oiftennl •• ° t C4 Maga WI QM Antique Collectives: N.,./Sched 2.0 0-3idealers/ \$ 150.00 $100.00 $ 50.00 Sched 2.0 (4-6.dealers $250,00 $166.00 $83.00 Sched 2.0 7+.dealerst\ ..-. $,350:00\ $:232.00 $ 116.00 MuniServices' i iBusiness._ . 'Zone A' `""°Zone B 'ZoneC `5'•Descrpton.-.f lhternalCode ; fine fl •r ):er'•SI. frika77b1 •od- -s ' Gkl /- Service`Businesses:; �^ Sched3 0 - t 3lemployees/operators -+.` ($r100.00 $75.00 $ 50.00 Sched 3:0. 4-5 employees%operators v$200.00 $ 150.00 $ 100.00 "..Sched 3.0/-----4"..:,7+ employeesfoperators\ $300.00 $225.00 $ 150.00 :IMuniServices ,Description..-..Business. 'Zone':A Zone13 'Zone C nternal Code' - �!•b1?heCJ'it l ' C l-3®p'fi n sr tal •�= r Sched 4.0 \ Professional Businesses:. $ 125.00 $82.00 $41.00 [MuniServices Descnption'of Business 'Zone A Zone-a Zone-C.- Internal`:Code - - rRYt7 '9i -K C-1eM'I •• . WM Ilifrr "`RELOMI Sched.5:0 ' Financial Institutions: $500.00 $500:00 $500.00 ' MuniServices, Description of Business Zone A Zone.B Zo eeC.' .Internal Code Pfirirr'ifl Code=0)) Int-gnat -od-e Intemal Citigoatill 'Lodgingi Sched6.0 1-10irooms $ 150:00 -$150.00 $150.00 Sched 6.0 11-25 rooms $250.00 $.250.00 $250.00 Sched 6.0 26+ rooms $350.00 $350.00 $350.00 Enter#of employees, operators, dealers or rooms: (Employees-are calculated on full-time hours. Part-time employees should be added together to get a full-time equivalent.) From the table above,enter amount due: $ (Make;Checks Payable To: Tax Trust Account) Returned Check Disclaimer: Effective July 1.2010,each returned item received by MUNISERVICES.LLC due to insufficient funds will be electronically represented to the presenters'bank no more than two limes in an effort to obtain payment MUNISERVICES.LLC Is not responsible fa any additional bank fees that will accrue due to Mere submission of the returned item.Please see the full returned check policy at www reeds cormsxpaver lretum-cbedk.disciaimer. 29- 6AIUNISERVICES City of Petaluma BID / Business Update Form 'Remittance Address: Attn: MuniServices • 438 East.Shaw Avenue, Box 367 • Fresno, CA 93710 • Phone: (866) 240-3665 I Email: subbortamuniservices.com • Website: www.revds.com MuniServices Account#: 1 Name of Business on File: \\\ Instructions: Please complete this form'if you have any changes to your account. To ensure thati.we•have the correct information regarding your business and the amount of employees you have,yplease update applicable sections on•this form and return with your BID payment and remittance;form to MuniServices atthe address listed above. Thank you for taking the.time to provide updated information on tthhiis'form /� • Business Name: //Business ID:" \ \\ Business / \ Business Mailing Address: / - (Addiesss\ty/Stefe2ipJ \ ,f Business Physical Address: (Street Address/C\tate/Zip) } Owner's Name: Owner's Phone: ( ):, Business Phone: ( ) \ 'Business Fax ( \). -\\ Contact Person: \ �Cont`actPhone:.( ),.\ / > Email Address: \ \ > - w Description of Business: '� \ \ \ U Function of Company:`: / /�\) 1JI \ / S Business Classifcati'n,(s l ct'allaha�pply): / `�\ ❑ Retail Business or Restaurant C.�rvice Business 1 ❑ Antigu 77- Ilectives• ® Financial Institution ❑aPrdfe"ssio<nal'Busmess' ❑ Lodging T pe.of:Busi ess•(select ne):'. El Sole Pro`rietors\hip\ 4 El Governmental Agency ❑ General P\artne)ship\ J ❑ Professional Association ❑ Corporation \ ❑ LLP ❑ LLC–Single Member ❑ Other(please explain) ❑ LLC–Multi Member Form Completed By:. Print Name: Date Submitted: zS