HomeMy WebLinkAboutRESO 9243Resolution No. 9243
Resolution of the Council of the City of Palo Alto Declaring Its
Intention to Levy an Assessment Against Businesses Within the
Downtown Palo Alto Business Improvement District for Fiscal
Year 2013 and Setting a Time and Place for May 7, 2012 at
7:00 PM or Thereafter, in the Council Chambers
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 (the
"Law"), California Streets and Highways Code Sections 36500 et seq., 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 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 4. In accordance with Section 36533 of the law, the Advisory Board
prepared and filed with the City Clerk a report entitled "Downtown Palo Alto Business
Improvement District, Annual Report 2012-2013" (the "Report"). The City Council
hereby preliminarily approves the report.
SECTION 5. 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 E1 Camino Real to the East, Webster Street to the West, 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 6. The City Council hereby declares its intention, in addition to any
assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment
against businesses within the District for fiscal year 2013 (July 1,2012 to June 30, 2013).
Such assessment is not proposed to increase from the assessment levied and collected for
the prior fiscal year. The method and basis of levying the assessment is set forth in
Exhibit "B" attached hereto, and incorporated herein by reference.
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SECTION 7. 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 ofan 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.
SECTION 8. 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, non-profit organizations, newspapers and professional "single-person
businesses," defined as those businesses which have 25% or less full time equivalent
employees, including the business owner, shall be exempt from the assessment.
SECTION 9. The City Council hereby fixes the time and place for a public
hearing on the proposed levy of an assessment against businesses within the District for
fiscal year 2013 as follows:
TIME:
DATE:
PLACE:
7 :00 p.m. or soon thereafter
Monday, May 7, 2012
City Council Chambers
250 Hamilton Avenue
Palo Alto, California 94301
At the public hearing, the testimony of all interested persons regarding the levy of
an assessment against businesses within the District for fiscal year 2013 shall be heard. A
protest may be made orally or in writing by any interested person.
Any protest pertaining to the regularity or sufficiency of the proceedings must be
in writing and shall clearly set forth the irregularity or defect to which the objection is
made.
Every written protest must 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.
Each written protest must 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
the requirements set forth in this paragraph will not be counted in determining a majority
protest (as defined below).
If, at the conclusion of the public hearing, written protests are received from the
owners of businesses in the District which will pay 50 percent or more of the assessments
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Retailers
IDd Resta1ll'llllts
(1()()%)
Service
BDlJDesses
(75%)
Prof_IoDII
BusiDesses
(SO%)
LocIglDg
BusiDesses
(1()()%)
Filumelal
IDStitutioDS
EXHIBITB
DowntowP Palo Alto Bu.lD .... Improyement Dl!trlet
, AnDuaI BID A ... mepts· .
ZONE A
$225.00 (Under 6 FrE employees) (50%)
$340.00 (6 to 'under 11 FrE employees) (75%)
$450.00 (11+ PTE employees) (1()()%)
$170.00 (Under4 FrE employees) (So%) .
$~.OO (4 to under 7 PTE employees) (75%)
$340.00 (7+ PTE employees) (1()()%)
ZONED
(75%)
$170.00
$260.00
$340.00
$130.00
$200.00
$260.00 .
EXEMPT (25% or fewer FTE employees, including the business owner) .
$ 60.00 (26% to under 1 PTE employees) (25%) $ 50.00
$110.00 (2 to 4 PTE employees) (SO%)' $ 90.00
$170.00 (5 to 9 PTE employees) (75%) $130.00
$225.00 (10+ PTE employees) (100%) $170.00
$225.00 (up to 20 rooms) (50%) $170.00
$340.00 (21 to 40 rooms) (75%) $260.00
$450.00 (41+ rooms) (100%) $340.00
$500.00 $500.00
. .
Note 1: For retail. restaurant, service, and professional businesses, size will be determined by
number of employees either full-time or equivalent (PTE) made up of multiples ofpart-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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