HomeMy WebLinkAboutResolution 2012-163 N.C.S. 11/19/2012Resolution No. 2012-163 N.C.S.
of the City of Petaluma, California
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 ILmprovement 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. Fagade Improvements
5. Permanent Landscaping
B. Activities including, but not limited to, the following:
1. Promotion of public events which benefit businesses in the area and which take
place on or in public places within the area.
2. Furnishing of music in any public place in the area.
3. Activities which benefit businesses located and operating in the area, including
but not limited to, commercial shopping and promotional programs; and,
WHEREAS, under Section 6.04.100 of the Petaluma Municipal Code, the Board of
Directors established to govern the affairs ofthe 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,
Resolution No. 2012-163 N.C.S. Page I
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 tiled 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 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:
Resolution No. 2012-163 N.C.S. Page 2
50%
Security
$32,500
28%
Marketing
$18,200
20%
Beautification
$13,000
2%
Administration
$ 1,300
Total:
S65,000
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, I I English Street, Petaluma, CA.
BE IT 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 Sections 36524 and 36525.
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of City of Petaluma at a Regular meeting on the 19ih day of November,
2012, by the following vote:
Albertson, Barrett, Mayor Glass, Harris. Kearney
None
None
Healy. Vice Mavor Renee
Citv Clerk 1\J
3��k
Mayor
as to
Resolution No. 2012-163 N.C.S. Page 3
Exhibit 1 to Resolution 2012-163 N.C.S.
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 in the
budget below.
5. Surplus/Deficit Carried Over from Prior Year: None
6. Contributions from Other Sources: None
Downtown Petaluma Business Improvement District
2013 Budget Allocations
50%
Security
$32,500
28%
Marketing
$18,200
20%
Beautification
$13,000
2%
Administration
1300
Total:
$65,000
Security - 507o - 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 - 2076 - A volunteer committee meets to consider requests for investing in
beautification projects downtown.
Administration - 27o- 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 Fdires (2), Art and Garden Festival,
etc.).
Resolution No. 2012-163 N.C.S. Page 4
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 $1 16
Antique (1-3 Dealers)
$150
$100
$50
Collectives (4-6 Dealers)
$250
$166
$83
(7+ Dealers)
$350
$232
$1 16
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
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.. 2012-163 N.C.S. Page 5
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Resolution No. 2012-163 N.C.S. Page 6