HomeMy WebLinkAboutRESO 9165Resolution No. 9165
Resolution of the Council·ofthe City of Palo Alto Confirming the
Report of the Advisory Board and Levying an Assessment for
Fiscal Year 2012 on the Downtown Palo Alto
Business Improvement District
THE CITY COUNCIL OF THE CITY OF PALO ALTO DOES HEREBY FIND,
DECLARE AND ORDER AS FOLLOWS:
SECTION 1. The Parking and Business Improvement Area Law of 1989,
California Streets and Highways Code Sections 36500 et seq. (the "Law"), authorizes the City
Council to levy an assessment against businesses within a parking and business improvement
area which is in addition to any assessments, fees, charges, or taxes imposed in the City.
SECTION 2. Pursuant to the Law, the City Council adopted Ordinance No. 4819
establishing the Downtown Palo Alto Business Improvement District (the "District") in the City
of Palo Alto.
SECTION 3. The boundaries of the District are within the City limits of the City
of Palo Alto (the "City") and encompass the greater downtown area of the City, generally
extending from EI Camino Real to the West, Webster Street to the East, Lytton Avenue to the
North and Addison Avenue to the South (east of Emerson Street, the boundaries extend only to
Forest Avenue to the South). Reference is hereby made to the map of the District attached hereto
as Exhibit "A" and incorporated herein by reference for a complete description of the boundaries
of the District.
SECTION 4. The City Council, by Resolution No. 8416, appointed the Board of
Directors of the Palo Alto Downtown Business & Professional Association, a California
nonprofit mutual benefit corporation, to serve as the Advisory Board for the District (the
"Advisory Board").
SECTION 5. In accordance with Section 36533 ofthe Law, the Advisory Board
prepared and filed with the City Clerk a report entitled "Downtown Palo Alto Business
Improvement District, 2011-12 Annual Report" (the "Report"), and, by previous resolution, the
City Council preliminarily approved such report as filed.
SECTION 6. The City Council has adopted a Resolution of Intention, Resolution
No. 9159 declaring its intention to levy and collect an assessment for fiscal year 2012 against
businesses in the District.
SECTION 7. Following notice duly given pursuant to law, the City Council has'
held a full and fair public hearing regarding the levy and collection of an assessment within the
District for fiscal year 2012. All interested persons were afforded the opportunity to hear and to
be heard regarding protests and objections to the levy and collection of the assessment for fiscal
year 2012. The City Council finds that there was no majority protest within the meaning of the
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Law. All protests and objections to the levy and collection of the assessment and any and all
other protests and objections are hereby overruled by the City Council.
SECTION 8. Based upon its review of the Report, a copy of which has been
presented to the City Council and which has been filed with the City Clerk, and other reports and
information, the City Council hereby finds and determines that (i) the businesses in the District
will be benefited by the expenditure of funds raised by the assessment, (ii) the District includes
all of the businesses so benefited; and (iii) the net amount of the assessment levied within the
District for the 2012 fiscal year in accordance with the Report is apportioned by a formula and
method which fairly distributes the net amount in proportion to the estimated benefits to be
received by each such business.
SECTION 9.
the Advisory Board.
The City Council hereby confirms the Report as originally filed by
SECTION 10. The adoption of this Resolution constitutes the levy of an assessment
for the fiscal year 2012 (commencing July 1, 2011, and ending June 30, 2012). The assessment
formula, including the method and basis of levying the assessment, is set forth in Exhibit "B"
attached hereto and incorporated herein by reference. New businesses established in the District
after the beginning of any fiscal year shall be exempt from the levy of the assessment for that
fiscal year. In addition, nonprofit organizations, newspapers, and professional "single-person
businesses", defined as those businesses which have 25% ofless full time equivalent employees,
including the business owner, shall be exempt from the assessment.
SECTION 11. The City Council hereby declares that the proposed uses of the
revenues derived from the assessments levied against businesses in the District are for the
following facilities and activities: The types of improvements to be funded by the levy of an
assessment against businesses within the District are the acquisition, construction, installation or
maintenance of any tangible property with an estimated useful life of five years or more. The
types of activities to be funded by the levy of an assessment against businesses within the
District are the promotion of public events which benefit businesses in the area and which take
place on or in public places within the District; the furnishing of music in any public place in the
District; and activities which benefit businesses located and operating in the District.
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Exhibit "B"
Downtown Palo Alto Business Improvement District
Annual BID Assessments
ZONE A
Restaurants & Retailers
Under 6 FTE (50% of base amount) $225
6 to under 11 FTE (75% of base amount) $340
11 or more FTE (100% of base amount) $450
Service Businesses
Under 4 FTE (50% of base amount) $170
4 to under 7 FTE (75% of base amount) $260
Over 7 FTE (100% of base amount) $340
Professional Businesses
25% or fewer FTE, including owner (0% of base amount) Exempt
26% FTE to under 1 FTE (25% of base amount) $60
2 to 4 FTE (50% of base amount) $110
5 to 9 FTE (75% of base amount) $170
10+ FTE (100% of base amount) $225
Lodging Businesses
Up to 20 rooms (50% of base amount) $2258
21 to 40 rooms (75% of base amount) $340
I 41+ rooms (100% of base amount) $450
Financial Institutions $500
ZONEB
(75% of Zone A
amount)
$170
$260
$340
$130
$200
$260
Exempt
$50
$90
$130
$170
$170
$260
$340
$500
Note 1: For retail, restaurant, service, and professional businesses, size will be determined by number of employees
either full-time or equivalent (FTE) made up of multiples of part-time employees. A full FTE equals approximately
2000 hours annually. Lodging facilities will be charged by number of rooms available and financial institutions will
be charged a flat fee.
Note 2: Second floor (and higher) businesses located within Zone A will be assessed the same
as similar street-level businesses located within Zone B.
Note 3,' Assessment amounts are rounded to the nearest ten dollars. The minimum 'assessment
will be $50.00.
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