HomeMy WebLinkAboutStaff Report 241-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: MAY 17,2010
REPORT TYPE: PUBLIC HEARING
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR: 241:10
SUBJECT: Public Hearing to Hear Objections to the Levy of Proposed Assessments on
the Palo Alto Downtown Business Improvement District and Adoption of a
Resolution Confirming the Report of the Advisory Board and Levying an
Assessment for Fiscal Year 2011 on the Downtown Palo Alto Business
Improvement District.
RECOMMENDATION
Staff recommends that the City Council:
1. Hold a public hearing on the levy of proposed assessments in Fiscal Year 2011 in
connection with the Downtown Palo Alto Business Improvement District; and
2. Approve a resolution confirming the report of the Advisory Board and levying an
assessment for Fiscal Year 2011 on the Downtown Palo Alto Business Improvement
District.
BACKGROUND
On April 19, 2010, the City Council:
• Adopted a resolution preliminarily approving the report filed by the Palo Alto Downtown
Business Improvement District Advisory Board for the FY 2011;
• Adopted a resolution of intention to levy the annual assessment for 2010-11; and
• Set May 17,2010 at 7:00 p.m. or soon thereafter, as the date and time for the public
hearing on the levy of the proposed assessments.
CMR: 241:10 Page 1 of3
DISCUSSION
The City Council is required to annually hold a public hearing, approve the Advisory Board
Annual Report and determine whether or not to levy the annual assessment for the Palo Alto
Downtown Business Improvement District (BID).
The BID is required by State law to be authorized annually. As such, it is not possible under
state BID law to implement capital projects that would take longer than one year to complete.
Traditionally, funds generated from Business Improvement Districts are used for marketing,
promotions, maintenance and beautification of business districts.
The assessments levied on businesses in the BID are based on the size, type and location of
downtown businesses. Based on a cost benefit analysis, retailers and restaurants pay a larger
assessment because they receive more benefit from the activities undertaken in the business
district. For example, a small-large retailer/restaurant would pay $225-$450 while small-large
professional businesses (architects, accountants, etc.) pay in the $50-$225 range. Professional
businesses pay the least since they receive minimal benefit from these efforts.
Absent a majority protest at the public hearing, the Council may adopt a resolution approving the
report for Fiscal Year 2011 as filed or as modified by the Council at the conclusion of the public
hearing. The adoption of the resolution constitutes the levying of the BID assessments for Fiscal
Year 2011.
The staffreport (April 19, 2010) is attached and describes the actions related to the BID,
including the report of the Palo Alto Downtown Business and Professional Association
(P ADBP A) to the City Council (Attachment 2).
RESOURCE IMPACTS
Adoption of the proposed BID budget does not directly impact City revenue. BID assessments
are restricted for use exclusively by the BID. A healthy BID will typically encourage growth of
the retail community and consequently result in additional sales tax revenue for the City.
Minimal staff effort is expended annually to administer the collection of the BID.
Staff will continue to monitor administrative time devoted to the collection of BID assessments
to assure that City costs do not exceed estimates for these services. The cost and collection of
BID assessments past 60 days is borne by the BID.
The Attorney's Office will continue to provide legal oversight to the BID during the annual
reauthorization process. Administrative Services staff provides assistance in the collection of
BID assessments. The Economic Development Manager will continue to provide oversight of
the BID and will prepare the annual reauthorization.
CMR: 241:10 Page 2 of3
ENVIRONMENTAL REVIEW
This action by the City Council does not meet the definition of a project under Section 21065 of
the California Environmental Quality Act, and therefore no environmental assessment is
necessary.
ATTACHMENTS
Attachment 1:
Attachment 2:
PREPARED BY:
Resolution of the City Council of the City of Palo Alto Confirming the
Report of the Advisory Board and Levying an Assessment for Fiscal year
2010-11 in Connection with the Downtown Palo Alto Business
Improvement District
CMR: 190:10 Adoption of Resolution Preliminarily Approving BID
Advisory Board's 2010-11 Budget Report and Adoption of Resolution of
Intention to Levy 2010-11 Assessments in the Palo Alto Downtown
Business Improvement District and Setting a Public Hearing on the Levy
of Assessments
~SAN L. BARNES I
conomlC Development and
Redevelopment Manager
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR: 241:10
CURTIS WILLIAM
Director
Planning and Community Environment
Page 3 of3
ATTACHMENT 1
Not Yet Approved
Resolution No. ---
Resolution of the Council of the City of Palo Alto Confirming the
Report of the Advisory Board and Levying an Assessment for
Fiscal Year 2011 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 El 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 of the Law, the Advisory Board
prepared and filed with the City Clerk a report entitled "Downtown Palo Alto Business
Improvement District, 2010-11 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. 9048 declaring its intention to levy and collect an assessment for fiscal year 2011 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 2011. 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 2011. The City Council finds that there was no majority protest within the meaning of the
1
100426 jb 0130583
Not Yet Approved
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 2011 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 2011 (commencing July 1, 2010, and ending June 30, 2011). 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% or less 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.
II
II
II
II
II
II
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100427 jb 0130583
Not Yet Approved
SECTION 12. The Council finds that the adoptiol} of this resolution does not
meet the definition of a project under Section 21065 of the California Environmental Quality Act
and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Sr. Asst. City Attorney
100426 jb 0130583
3
Mayor
APPROVED:
City Manager
Director of Administrative
Services
· .
The City of
Palo Alto
Downtown Palo Alto
Business Improvement District
This map Is a product of the
City of Palo Alto GIS
-. a 500'
documenll,. vr-Phlc ' .... _nI8l1on .~IOUICH. EXHIBIT A T"'Cll)lofP8loAllo __ no,MPOMIbIIII)Iror~_.
Retailers
and Restaurants
(100%)
Service
Businesses
(75%)
Professional
Businesses
(50%)
Lodging
Businesses
(100%)
Financial
Institutions
Downtown Palo Alto Business Improvement District
Annual BID Assessments
ZONE A
$225.00 (Under 6 FTE employees) (50%)
$340.00 (6 to under 11 FTE employees) (75%)
$450.00 (11 + FTE employees) (100%)
$170.00 (Under 4 FTE employees) (50%)
$260.00 (4 to under 7 FTE employees) (75%)
$340.00 (7+ FTE employees) (100%)
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 FTE employees) (25%) $ 50.00
$110.00 (2 to 4 FTE employees) (50%) $ 90.00
$170.00 (5 to 9 FTE employees) (75%) $130.00
$225.00 (10+ FTE employees) (100%) $170.00
$225. 00 (up to 20 rooms) (50%)
$340.00 (21 to 40 rooms) (75%)
$450.00 (41 + rooms) (100%)
$500.00
$170.00
$260.00
$340.00
$500.00
Note 1: For retail, restaurant, service, and professional businesses, size will be determined by
number of employees either full-time or equivalent (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.
EXHIBIT B
ATTACHMENT 2
City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: APRIL 19,2010
REPORT TYPE: CONSENT
DEPARTMENT: PLANNING AND
. COMMUNITY ENVIRONMENT
CMR: 190:10
SUBJECT: Preliminary Approval of the Report of the Advisory Board for Fiscal Year
2011 in Connection with the Palo Alto Downtown Business Improvement
District and Adoption of Resolution Declaring its Intention to Levy an
Assessment Against Businesses within the Downtown Palo Alto Business
Improvement District for Fiscal Year 2011 and Setting a Time and Place for
a Public Hearing on May 17, at 7:00 PM or Thereafter, in the City Council
Chambers
EXECUTIVE SUMMARY
Since the Business Improvement District (BID) inception in 2004, a number of activities
consistent with State BID law have been accomplished by the Palo Alto Downtown Business and
Professional Association (P ADBP A), the entity with which the City contracts to provide services
to the 740+ businesses assessed in the Downtown. These include addressing the two main issues
facing downtown businesses: cleanliness and homeless issues that affect downtown business
operations, as well as participation in zoning and other matters affecting downtown businesses.
Assessments for BID businesses are based on the size, type and location of the business.
Assessments range from $50 to $500 annually for individually owned professional businesses to
banks. The PADBP A has monthly open meetings governed by the Brown Act which any
business or individual can attend. This Council action would include preliminary approval of the
BID's annual report and setting a public hearing to determine any objections to assessments.
RECOMMENDATION
Staff recommends that the City Council:
(a) Preliminarily approve the BID Advisory Board's 2011 Budget Report for the Business
Improvement District (BID) (Attachment 1); and
(b) Adopt a Resolution of Intention to Levy Assessments in the Palo Alto Downtown Business
Improvement District for fiscal year 2011, setting a date and time for the public hearing on the
levy of the proposed assessments for May 17,2010, at 7:00 p.m. or thereafter, in the City
Council Chambers (Attachment 3).
CMR: 190:10 Page 1 of4
BACKGROUND
The Palo Alto Downtown Business Improvement District (BID) was established by the City
Council in 2004 pursuant to the California Parking and Business Improvement Area Law t~
promote the econo~ic revitalization and physical maintenance of the Palo Alto Downtown
business district. The Council appointed the Board of Directors of the Palo Alto Downtown
Business and Professional Association, a non-profit corporation, as the Advisory Board for the
BID. The Board's purpose is to advise the Council on the method and basis for levy of
assessments in the BID and the expenditure of revenues derived from the assessments.
Pursuant to BID law, the Advisory Board must annually submit to the Council a report that
proposes a budget for the upcoming fiscal year for the BID. The report must: 1) propose any
boundary changes in the BID; 2) list the improvements and activities to be provided in the fiscal
year; 3) estimate the cost to provide the improvements and activities; 4) set forth the method and
basis for levy of assessments; 5) identify surplus or deficit revenues carried over from the prior -
fiscal year; and 6) identify amounts of contributions from sources other than assessments.
The Council must then: 1) review the report and preliminarily approve it as proposed or as
changed by the Council; 2) adopt a resolution of intention to levy the assessments for the
upcoming fiscal year; and 3) set a date and time for the public hearing on the levy of assessments
in the BID. Absent a majority protest at the public hearing on May 17,2010, at the conclusion of
the public hearing, the Council may adopt a resolution confirming the report for Fiscal Year
2011 as filed or as modified by the Council. The adoption of the resolution constitutes the
levying of the BID assessments for fiscal year 2011.
DISCUSSION
The Advisory Board has--prepared a report (Attachment 1) for the Council's consideration which
includes ,the proposed budget for the Palo Alto Downtown BID for fiscal year 2011. As required
by BID law, the report has been filed with the City Clerk and contains a list of the improvements,
activities, and associated costs proposed in the BID for fiscal year 2011. The Advisory Board
has recommended no change in the BID boundaries or the method and basis for levying
assessments. Many of the activities and improvements are an extension of those initiated last
year or in prior years.
For example, in the past year the BID participated in the renovation of Lytton Plaza, a
public/private partnership that reinvigorated the Plaza, addressed loitering and other issues and
provided a lovely gateway into the City's downtown. In addition, in partnership with the City,
the BID leadership developed a "master encroachment permit" effort, that will provide a master
ARB submission for downtown tables and chairs and individual (more affordable) encroachment
permits for downtown restaurants.
A map of the BID is attached (Attachment 2). The proposed assessments in the BID for fiscal
year 2011 are the same as the assessments in fiscal year 2009-10. No increases are proposed.
CMR: 190:10 Page 2 of4
The budget report for fisc,al year 2011 was reviewed and approved by the Palo Alto Downtown
Business and Professional Association at its board meeting on March 17, 2010, (Attachment 1).
RESOURCE IMP ACT
Adoption of the proposed BID budget does not directly impact City revenue. BID assessments
are restricted for use exclusively by the BID. It is anticipated that a healthy BID will encourage
growth of the retail community and consequently result in additional sales tax revenue for the
City. Some staff effort is expended annually to administer the collection of the BID.
Staff will continue to monitor staff administrative time devoted to the collection of BID
assessments to assure that City costs do not exceed estimates for these services. The cost and
collection of BID assessments past 60 days is borne by the BID.
The Attorney's Office will continue to provide legal oversight to the BID during the annual
reauthorization process. Administrative Services staff provides assistance in the collection of
BID assessments. The Economic Development Manager will continue to provide oversight to
the BID and will prepare the annual reauthorization.
ENVIRONMENTAL REVIEW
This action by the City Council does not meet the definition of a project under Section 21065 of
the California Environmental Quality Act, and therefore no environmental assessment is
necessary.
ATTACHMENTS
Attachment 1:
Attachment 2:
Attachment 3:
CMR: 190:10
Report of the Advisory Board with Regard to the Reauthorization of the
Downtown Palo Alto Business Improvement District Annual Report for
Fiscal Year 2011.
Downtown Palo Alto Business Improvement District Map
Resolution of the City 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
2010-11 and Setting a Time and Place for hearing Objections
Thereto
Page 3 of 4
PREPARED BY:
SljSAN L. BARNES I· .
Economic Development Manager
DEPARTMENT HEAD: ~ W~
CURTIS ILLIAMS, Director
Planning and Community Environment
CITY MANAGER APPROVAL:
City
CMR: 190:10
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Page 4 of4
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www.paloaltodowntown.com
Business Improvement District
Annual Report
2010-2011
Approved by the Advisory Board of Directors
Palo Alto Downtown Business & Professional Association
April 01 , 2010 .
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Introduction
This report from the Advisory Board of the Palo Alto Downtown Business & Professional
Association ("PAd") was prepared for City Council to review for the annual reauthorization of
the Downtown Palo Alto Business Improvement District ("BID") pursuant to Section 36533 of
the Parking and Business Improvement Law of 1989 (Section 365'00 and following of the
California Streets and Highways code) (the "Law"). This report is for the proposed fiscal year
for the BID commencing July 1,2010 and ending June 30, 2011. ("Fiscal Year 2010-11").
As required by the Law, this report contains the following information:
I. Any proposed changes in BID boundaries and benefit zones within the BID;
II. The improvements and activities to be provided for Fiscal Year 2010-11;
III. An estimate of the cost of providing the improvements and the activities for Fiscal
Year 2010-11;
IV. The method and basis of levying the assessment in sufficient detail to allow each
business owner to estimate the amount of the assessment to be levied against his or
her business for Fiscal Year 2010-11;
V. The amount of any surplus or deficit revenues to be carried over from a previous
fiscal year;
VI. The amount of any contributions to be made from sources other than assessments
levied pursuant to the Law.
Submitted by Anne E. Senti-Willis, Chair, on behalf of the Advisory Board ("Advisory Board")
of the Palo Alto Downtown Business &, Professional Association ("PAd").
The Advisory Board approved this report on April 01, 2010.
Received on file in the Office of the City Clerk of the City of Palo Alto on April 01, 2010.
1
Section I
BID Boundaries and Benefit Zones
There h~ve been no changes in the BID boundaries or benefit zones within the BID and no
changes are proposed. The current boundaries are depicted on the map below.
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Section II
Improvements and Activities Completed in 2009-10
Marketing and Events
Programs
-PAd maintained a comprehensive website that is user friendly for members and
consumers. It includes current activities, a comprehensive business directory, maps for
parking and directions, and other links. (www.paloaltodowntown.com). We track nearly
4200 unique hits on the site per month.
P Ad offered members the opportunity to advertise their businesses by posting a link to
their website on the "Home" page for a fee.
We have updated the "What's Happening" page daily with specific information including
merchant sales, specials and promotions.
PAd updates the database of all downtown businesses continuously for display and use
via the website.
-On the website, P Ad has cross referenced & categorized comprehensive business sectors.
Frequently, PAd has sent email blasts to notify members of pertinent on-goings in the
downtown, such as upcoming events, street closures, police alerts and other activities.
Events
-The Dine Downtown event was launched in August '05 and continued successfully on a
bi-annul basis in August 2009, and January 2010.
- P Ad participated in a collaboration and partnership to support events with the City of
Palo Alto, Stanford University and the Chamber of Commerce.
PAd remains an active partner and contributing participant in the promotion of
Visitorship to Palo Alto.
-Advocated for and saved the Community Farmshop by securing funding and participation
from the BID members. The weekly market is held at the renovated Lytton Plaza on
Wednesday s from 3:30 -6:30 pm.
The PAd secured management of talent and entertainment for Friday night jam sessions
at Lytton Plaza.
- P Ad held breakfast Roundtable discussions, hosted by the Garden Court Hotel.
The Fall presentation was on identity theft. Guest speakers included P APD special
agents James Reifschneider and Jason Jenkins.
The Spring discussion addressed the issue of an improved conceptual plan for the
downtown district, moderated by Curtis Williams, the Director of Planning for the City of
Palo Alto.
PAd intends to hold these roundtable community/town hall discussions twice a year to
encourage member attendance and participation on topics of importance within the BID.
Downtown Streets
The Downtown Streets Team ("DST") was founded in May 2005 by the PAd, after its initial
survey to business owners. The survey was sent to all BID constituents to better understand how
PAd could serve its members. Overwhelmingly, homelessness and cleanliness of the downtown
area were the issue of most concern.
3
The program participants clean the streets of downtown in exchange for food and shelter. DST
is a platform for many formerly homeless to find hobs and housing.
This highly successful program was spun off as a separate, self-supporting non-profit entity in
2006 .. P Ad continued t6 support the program through joint promotions and fund raising efforts,
as well as a financial pledge of $5,000 to help ensure its continued success. To further the
ongoing partnership and continuity, the President of the DST, Eileen Richardson, serves as a
liaison to the PAd.
DST has built successful working relationships with Innvision, The Opportunity Center, Catholic
Charities, Alliance for Community Care, City Council, Palo Alto Police Department ("P APD") ,
Palo Alto City Management, The Emergency Housing consortium ("EHC"), and now holds a
place on the Steering Committee for the County's 10-year plan to end homelessness.
The program has received funding and is expecting continued funding from the City of Palo
Alto, in both HSRAP and contracts for cleaning, EHC and Innvision contracts, foundation grants
and local businesses and residents.
PAd will increase the financial contribution to $10,000 in Fiscal Year 2010-11 to the DST, with
the provision that said funds will be directed towards increased cleanliness and security within
the district.
EnvironmentallMarketing
-Worked with the City and district members to adopt and implement a master outdoor
seating plan. P Ad negotiated a one time fee reduction of the required encroachment fees
for outdoor seating and displays. With assistance from Be"llomo Architects, PAd has
further secured a blanket ARB permit for such outdoor seating in order to provide a
maintained, uniform look and facilitate compliance with City ordinance and state
requirements for outdoor dining.
PAd worked closely with the P APD to address the issue of panhandling and
homelessness in the downtown. Further efforts were made to address the issue of
security in the district. The P APD ran a month long pilot program with increased patrol
and security in the downtown.
Key areas were identified and the PAd worked with the City in creating signage and
installation of way finders in certain areas of the BID.
The P Ad supported the introduction of K wikcarts within the downtown district, and
worked with various stakeholders to secure private parking for the carts.
1;> Ad initiated the resurrection of plans for the upgrading and renovation of Lytton Plaza
through a private/pUblic partnership. PAd, through its President Sherry Bijan, served as a
member of the Friends of Lytton Plaza Park. Through a collaborative partnership
between the City of Palo Alto and the Friends of Lytton Plaza Park, the renovation
project including new landscaping, a water feature and community gathering space which
recognize and respect this location's importance as a center of community dialogue and
free speech was completed in December 2009.
P Ad has obtained bids for the lighting at Elinor Cogswell Plaza. The park was selected
because the existing available lighting is inadequate, and electrical outlets are available.
The lighting of the park will be scheduled once the City approves the" public contribution
portion of the cost.
P Ad meets quarterly and works closely with City of Palo Alto Departments to address
necessary improvements within the BID.
4
-Through a partnership with the City of Palo Alto, PAd produces and installs seasonal
banners on the Avenues in the district. The intent is to dress up the downtown and
promote the BID.
Parking
-Representatives from PAd attend the Palo Alto Chamber of Commerce's parking
committee meetings to learn of programs underway and contribute the downtown
business perspective.
-Through the parking district, the PAd and other stakeholders have issued RFPs for added .
security and maintenance in the structures.
-P Ad will advocate to secure contracts for the DST with the City for the ongoing
maintenance and security in the parking structures.
Executive Committee
-During the current fiscal year, the Executive Committee created a budget for Fiscal Year
2010-11 and completed the 2009-2010 Annual Report.
-P Ad created an Advocacy task force to address issues on behalf of downtown businesses.
-On an ongoing basis, PAd promotes and develops a working partnership with the Palo
Alto Chamber of Commerce.
-P Ad has reached out to the P APD to improve communications and build a strong
working relationship. The PAd had advocated for greater police patrol and presence
within the district.
Advocacy
-PAd will listen to find out what is on constituent business owners' minds.
We regularly speak with prospective tenants and work closely with property owners and
manag~rs to ensure the maintenance of a balanced retail mix in the district.
The PAd participated and was instrumental in the discussions and ultimate adoption of
the Ground Floor Zoning Ordinance within the district.
Through a collaboration with the P ACC, the PAd will advocate for streamlining the
permit process for new business. ,
The PAd will continue to perform outreach, identify and attract additional businesses to
the downtown district.
PAd will lead dialogue on improving the district through aesthetic enhancements, the
flow of traffic, the creation of a more welcoming pedestrian and cycling environment.
P Ad is represented at the Palo Alto Chamber of Commerce ("P ACC") Government
Action Committee ("GAC") meetings.
Dufing Fiscal Year 2010-2011, PAd will continue to represent the voice of businesses.
Nominating
-During the past year, PAd has recruited new members to the Advisory Board to ensure all
business sectors are represented, including new Advisory Board members, Adam Mason,
partner at Jungle Digital Imaging and Abraham Khalil, who owns and operates both retail
and professional businesses in the downtown.
-P Ad coordinates the annual member meetings and election of directors of PAd.
5
Finance
During the past year, PAd has:
-Maintained accounting systems for PAd bookkeeping.
Assisted in the billing of annual fee assessments.
Improved the invoicing process.
Planned and implemented delinquent member collections.
Completed year-end tax filing.
Schedule4 an annual Audit to be completed through June 30, 2009 for submittal to the
City.
6
Section II
Expected Improvements and Activities for 2010-11
During Fiscal Year 2010-2011, PAd plans the following improvements, activities and programs.
Marketing and Events
Programs
-Maintain and grow website aimed for consumer and member use and for cross-promotion
of downtown businesses. It will include current activities, a comprehensive business
directory, maps for parking and directions, and other links. The website -
(www.paloaltodowntown.com) provides opportunities for members to self promote on
the website through advertising.
Regular e-blasts will be prepared and distributed.
Encourage and develop business to business exchange.
Support the launch of the eMax online business networking site, dedicated to downtown
Palo Alto.
-Support the launch of the magazine, Made in Palo Alto, promoting downtown district
business.
-Through a joint effort with the California Shoe and Luggage repair, to address both the
environmental impact and address fundraising, the P Ad will recycle the street banners
into tote bags. These bags will be available for purchase at various downtown
establishments, where the profits from sales will be shared.
Events
-Review and Revamp the Dine and Shop Downtown promotional campaign.
-Support the WeeklY'Palo Alto Community Farm Shop.
-Support the Made In Palo Alto Fashion Show & fundraiser for the "Awearness"
campaign against domestic violence.
-Support and maintain ongoing entertainment and events at Lytton Plaza, through the
Friday night music jam sessions.
-Support and sponsor the World Music Day, through the extension of the PAd liability
insurance for the event and participation of member businesses.
-Support the City of Palo Alto Recreation Dept with various events including the May
Fete Parade, and the B& W Ball.
-Continue to produce seasonal banners for the Avenues and additional pieces highlighting
upcoming evep.ts on the bridges and side streets.
-Support the SMCVB to accommodate the influx of visitors to local business and Stanford
University, and Stanford Athletics events.
-Work with the City to promote a pedestrian-friendly environment through events that will
feature entertainment and a draw to the BID.
Downtown Development
Downtown Streets Team
-Continue support of the program financially with a pledge of $5,000.00 for the year, with
the provision that it be used towards the security and cleanliness efforts within the
district, including the parking structures.
7
Environmental
-Design and display seasonal banners featuring business promotion.
P Ad will work with the City to amend the current banner ordinance that precludes
adv~rtising on the banners which is currently limited to seasonal, historical and event
driven messages.
Identify areas for installation of additional directional and way finding signs.
Identify areas for installation of additional lighting.
Recommend removal and or replacement of benches.
Identify certain key areas for landscaping, hanging baskets or potted plants.
Continue efforts through the partnership with the' P APD to monitor panhandling and
enforcement of the sit/lie ordinance. PAd will work closely with other business districts
to help promote the expansion of the sit/lie ordinance if requested.
Work with the P APD to retain police patrol in the district.
Improve lighting at the Transit Station.
Parking
r -Create education and outreach programs to inform business owners and managers of the
downtown parking options.
Advocate for parking & directional signage.
Continue to work with the City and the parking committee to enable transferable parking
permits.
Use outreach programs to educate public of the ample free parking.
Evaluate and implement parking survey results.
Address security enforcement in the parking structures. P Ad will support the use of the
DST for Ol1going maintenance and security within the downtown parking structures.
Encourage City contracts with the DST to provide additional maintenance in the district.
Executive Committee
Continue to refine P Ad structure and organizational development.
-Continue to update and refine information provided to Advisory Board Members.
-Continue to advocate on behalf of downtown businesses.
-Hold bi-annual roundtable meetings to encourage discussion among members,
l participation in PAd and information about relevant topics.
-Create visibility within the business community.
-Begin conceptual planning initiative for the downtown area.
-Continue to partner with property owners and leasing agents to ensure a good retail mix
in the district.
Nominating
-Oversee the filing of year end tax return.
-Oversee the filing of the Annual Audit.
-Review and advise on annual budget and explore income/fundraising opportunities.
8
Section III:
Budget for 2010-11
The total funds available for activities for this fiscal year are estimated to be $131,390. The
budget for providing the activities is set forth as follows:
BID 2010/11 Budget
INCOME
Assessments
Uncollectible fees
Total Assessments
IncomelFundraising
09-10, Surplus Carryover
TOTAL INCOME
EXPENSES
Operating Expenses
Staff Salaries
Executive Director Salary
Health Insurance
Payroll Taxes
Surplus Carryover from Prior Year
09-10 fiscal
Office Supplies & Expenses
. Internet/Website Maintenance
Telephone
Rent
Reauthorization Advertising
Audit-Tax Returns '
Legal
Insurance-Liability
Workman's Comp
Nominating
Contingencies
Total Operating Expenses
Marketing and Events
Programs & Member Outreach
Permit Fees
Banners
Roundtable
$130,000
$(20,000)
$110,000
$17,650
$3,740
$131,390
Expenses
$60,000
$4,200
$6,000
$66,000
$3,740
$1,500
$ 500'
$1,000
$6,000
$2,500
$4,000
$1,000
$1,500
$1,000
$1,000
$3,500
$97,440
$1,000
$2,000
$7,650
9
$17,650
Income
(Donation)
$1,000
(Donation)
$6,650
Events & Fundraising
Dine/Shop Downtown $3,000
Events $5,000
Promotional Sales/Fundraising $2,000
Total Environmentall
Marketing & Events $20,650
$
DST $5,000
District Improvement $8,300
Environmental Total $13,300
Total Expenses/Income $131,390
Section IV:
Method and Basis of Levying the Assessment
Cost Benefit AnalysislBID Assessments
$3,000
$5,000
$2,000
$17,650
$17650
The method and basis of levying the assessment is provided sufficient detail to allow each
business owner to estimate the amount of the assessment to be levied against his or her business
for Fiscal Year 2010-11 and is not changed from the FY 2009-10 assessment.
There have been no changes made to the Cost-Benefit Analysis or to the BID Assessments since
they were approved by City Council on February 2,2004.
The method of calculation used to determine the cost and benefit to each business located in the
BID is described below. The BID assessments are based on three criteria: the type of business,
the location of the business and the size of the business.
It has been consistently demonstrated that the typical BID program places a higher priority on
activities such as commercial marketing. As a result, the retail and restaurant establishments in
the BID are assessed more than the service and professional businesses in the district.
While servi.ce-oriented businesses benefit from a BID less than retailers and restaurateurs, they
benefit more than professional'businesses such as medical, dental, architectural, consultant and
legal offices with their minimal advertising and promotion needs.
For these reasons, various business types are assessed according to the benefit that they receive
from the BID, as follows:
10
> Retail and Restaurant
> Service
> Professional
100% of base amount
75% of base amount
50% of base amount
Exceptions to this rule include financial institutions that are traditionally charged a flat rate
regardless of location o'r size and lodging businesses that are typically charged by total rooms.
The location of a business also detennines the degree of benefit that accrues to that business.
Centrally located businesses tend to benefit more, as do businesses located on the ground floor.
For this reason,A and B benefit zones have been identified for the BID.
In Palo Alto, Zone A benefit business are assessed 100% of the base benefit assessment while
Zone B businesses are assessed 75%.
A third criterion is used in the BID to determine benefit. This criterion, the size of the business,
takes into consideration the number of full time employees employed by the business. Please
refer to Attachment 1 for a more complete understanding of the application of these three
variables to establish BID benefit.
Attachment 2 is the BID assessment for each business located within the BID boundaries.
Applying the criteria identified in Attachment 1, a summary of the assessment that applies to
each business by size, type and location is outlined. In addition to the Cost-Benefit Analysis, the
assessments include the following criteria:
> An exemption for "single person professional businesses" that have 25% or fewer full
time equivalent ("FTE"), including the business owner. This covers employees who
work less than 1 0 hours a week (based on a 40 hour work week(A full FTE equals
approximately 2000 hours annually)
> An assessment specifically for "single person businesses" that have 26% FTE to 1 FTE
in the professional business category of the BID (A full FTE equals approximately 2000
hours annually)
> The tiring of other professional businesses by size based (according to benefit) on the
"single person business" criteria
This outline provides information by which a business can determine its annual assessment based
on objective criteria.
Except where otherwise defined, all terms shall have the meanings identified below:
Definitions of Business Types in the Downtown Business Improvement District
Retailers and Restaurants: Businesses that buy or resell goods such as clothing stores, shoe
stores, office supplies as well as businesses that sell prepared food and drink.
Service Businesses: Businesses that sell services such as beauty or barber shops, repair shops,
most automotive businesses, dry cleaners, art and dance studios, printing firms, film processing
companies, travel agencies, entertainment businesses such as theaters, etc.
11
-j
I
Hotel and Lodging: These include businesses that have as their main business the lodging of
customers. This is restricted to residential businesses that provide lodging services to customers
for less than 30 days.
Professional Businesses: Businesses that require advanced andlor specialized licenses or
academic degrees such as architects, engineers, attorneys, chiropractors, dentists, doctors,
accountants, optometrists, realtors, insurance brokers, venture capital finns, consultants,
advertising and marketing professionals and mortgage brokers and similar professions.
Financial Institutions: Includes banking, savings and loan institutions and credit unions.
Additional clarification on business definitions will be defined according to Section 18.04.030
(De'finitions) of the Palo Alto Municipal Code.
The Advisory Board recommends that the following businesses be exempt from the BID
assessment:
~ New businesses established in the BID area following the annual assessment for the
year in which they locate in the BID area
~ Non-p;ofit organizations
~ Newspapers
~ "Single person professional businesses" that have 250/0 or less full time equivalent
(FTE), including the business owner
The Assessment calculated shall be paid to the City no later than 30 days after receipt of the
invoice with the amount of the annual assessment sent by the City. A second notice will be
mailed as a reminder to businesses that have not remitted payment by that date. Late payment
will be subj ect to a 10% late fee.
Section V:
Revenue Surplus or Deficit
Based on the revenue balance on 04/01/10 of$41,740, the PAd expects a surplus carryover of
$3,740. Expected expenses for the remainder ofFY 09-10 are as follows:
Current revenue balance
Expected expenses for remaining FY
Staff Salaries
, Staff Health Insurance
Elections and Annual Report
Office + Operating Expenses
Outside Audit
Advertising
DST donation
Total expected expenses
Expected carry-over
$41,740
$25,000
1,000
2,000
1,000
4,000
2,500
2,500
$38,000
$ 3,740
12
Section VI:
Non-assessment Income
It is estimated that $17,6°50.00 will be raised in fundraising and sponsor support. Additionally,
anticipate in-kind contribution towards expenses for Fiscal Year 2010-11.
Projected Income For Fiscal Year 10-11
-Roundtable (donation)
-Legal (donation)
Dine/Shop Downtown
-Events
-Promotional SaleslFundraising
Total
$6,650
$1,000
$3,000
$5,000
$2,000
$
$17,650
13
Section VII:
PAd Board of Directors by Business Type
Retailers and Restaura·nts
Robert Beschiem, Tamarine Restaurant
Claudia Cornejo, Caffe del Doge
Whitney Denson, Five Ten Gifts
Georgie Gleim~ Gleim Jewelers
Jeff Selzer, Palo Alto Bicycles
Abraham Khalil, A.K. Insurance Services, KanZeman, Abby's, Med Wraps
Hotel and Lodging
Barbara Gross, Garden Court Hotel
Services Businesses
Stacey Yates, Skin Spirit
Financial Institutions
Deborah Pappas, Borel Bank
Professional Organizations
Anne E. Senti-Willis, Thoits, Love, et al.
Elliot Lee, e-Max
Sherry Bijan, PAd
LIAISONS
Chamber of Commerce
Paula Sandas
Downtown Streets Team
Eileen Richardson
City of Palo Alto
Susan Barnes
*Termed member(s) of the Board of Directors who continue to serve as officers or volunteer
heads of PAd committees.
14
ATTACHMENT 1
A General Statement Regarding Cost-Benefit Analysis for
BID Businesses Using The Traditional Three Criteria Formula
Criteria 1) Type of Business:
Statement Concerning Cost-Benefit Formula for BID Businesses Regarding Type of
Busil)ess:
In a review of 200 California Business Improvement Districts, it is consistently demonstrated
that the typical BID Program places a higher priority on Commercial Marketing Programs than
on Civic Beautification and Commercial Recruitment Programs. With that trend in mind, retail
and restaurant businesses, with their emphasis on, and need for, commercial marketing, are
traditionally assessed more than less marketing-sensitive service-oriented or professional
oriented businesses.
However, while service-oriented businesses benefit from a BID less than retailers and
restaurateurs, they benefit more, (from commercial marketing programs), than professional
businesses such as medical, dental and legal offices with their minimal advertising and
promotion needs.
Therefore, set forth below, is an example of how various business types might be considered
regarding the computation of the annual benefit assessment.
• Retail and Restaurant:
• Service:
• Professional:
100% of base amount
75% of base amount
50% of base amount
Exceptions to this rule include financial institutions that are traditionally charged a flat rate
regardless of location or size and lodging businesses that are typically charged by total rooms.
Lodging businesses are assessed based on the total number of rooms because it is a more
equitable manner of determining size. Many lodging businesses have many part time employees,
but revenues are based on the room occupancies of the hotel, not the goods sold or services
provided by employees.
Criteria 2) Location of Business:
Statement Concerning Cost-Benefit Formula For BID Businesses Regarding Location of
Business:
It has also been consistently demonstrated that the more centrally located businesses tend to
benefit from BID activities and services to a greater degree than businesses located toward the
periphery of the proposed BID boundaries. Events and activities tend to originate in the central
core of the downtown area and spread benefit to the outer areas with diminishing energy and
impact, much like the ripple effect of a stone crossed into a body of calm water.
Furthermore, ground floor businesses tend to benefit to a greater degree than businesses locat~d
in upper floors. Therefore, in some cases, a new BID's annual benefit assessment formula also
takes these street level criteria into account.
15
As mentioned above, special events, fairs, festivals and other activities tend to take place within,
or along, the Main Street core rather than in the areas at the periphery of the downtown core.
Additionally, BID-sponsored seasonal decorations, public art projects, street banners and street
furniture tend to be located within the immediate core area.
Therefore, businesses located within the most central area of the proposed BID are considered to
be within "Zone A". which should\be considered the primary benefit zone. There is typically a
"secondary zone" or "Zone B" within most proposed BID areas. This area receives less benefit
than Zone A and should be assessed accordingly.
An example of how different zones might be treated regarding the computation of the annual
benefit assessment is as follows.
• Zone A: 1 00% of base benefit assessment
• Zone B: 75% of base benefit assessment
In the case of Downtown Palo Alto, it is recommended that all Zone A upper floor businesses, as
well as any other businesses located at the periphery of the proposed BID, be considered as Zone
B businesses. Please refer to the map in Attachment 1.
Criteria 3) Size of Business:
Statement Concerning Cost-Benefit Formula for BID Businesses Regarding Size of
Business:
In approximately 50% of newly established BIDs, a third assessment criterion is used. This
criterion involves the size of each individual business that is based upon the businesses' total
number of full-time employees. Full-time employees are those working a total of2,000 hours
per year. Part-time employees are grouped into full-time job positions, i.e., two half-time
employees total one full-time. Fractions are rounded down to the nearest whole number with no
less than one person as a minimum for business.
An example of how various business sizes might be treated regarding the computation of the
annual benefit assessment is as follows:
• Small:
• Medium:
• Large:
50% of base assessment
75% of base assessment
100 % of base assessment
*Full-time employees (FTE)
RetaillResta urants
under 6 FTE*
6-under 11 FTE*
11+ FTE*
Service Businesses
Under 4 FTE*
4 to under 7 FTE *
7+ FTE*
Additionally, an exemption was established for "single person professional businesses" that have
25% or less full time equivalent (FTE), including the business owner. This covers employees
who work less than 10 hours a week (based on a 40 hour work week).
Since "single person businesses" that have 26% FTE to 1 FTE in the professional business
category of the BID benefit the very least from the assessment, their assessments have been
tiered by size based (according to benefit) on the new "single person business" criteria.
ATTACHMENT 1, page 2
16
Retailers
and Restaurants
(100%)
Service
Businesses
(75%)
Professional
Businesses
(50%)
Lodging
Businesses
(100%)
Financial
Institutions
Downtown Palo Alto Business Improvement District
. Annual BID Assessments
ZONE A
$225.00 (Under 6 FTE employees) (50%)
$340.00 (6 to under 11 FTE employees) (75%)
$450.00 (11+ FTE employees) (100%)
$170.00 (Under 4 FTE employees) (50%)
$260.00 (4 to under 7 FTE employees) (75%)
$340.00 (7+ FTE employees) (100%)
ATTACHMENT 2
ZONEB
(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 FTE employees) (25%) $ 50.00
$110.00 (2 to 4 FTE employees) (50%) $ 90.00
$170.00 (5 to 9 FTE employees) (75%) $130.00
$225.00 (10+ FTE employees) (100%) $170.00
$225.00 (up to 20 rooms) (50%)
$340.00 (21 to 40 rooms) (75%)
$450.00 (41 + rooms) (100%)
$500.00
$170.00
$260.00
$340.00
$500.00
Note 1: For retail, restaurant, service, and professional businesses, size will be determined by
number of employees either full-time or equivalent (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.
17
"":1," •
The City of
Palo Alto
Ilopoz.2. 2003'()7·251~:17:39
Proposed 81D Mop 7125103 (llcc-prmlraklGlsSIDII.IP6lSOflallJ_z2.mdb)
ATTACHMENT 2
Downtown Palo Alto
Business Improvement District
-
This map is a product of the
City of Palo Alto GIS
--a 500'
Thl. do<urnenll. 8 Oraphlc represenlaUon only 01 b •• lavallable SOUl",>.
. Tnt Cily 01 Palo Alto •• sum .. no rosponolbllay for any"""",.
I
ATTACHMENT 3
Not Yet Approved
Resolution No. ---
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 2011 and Setting a Time and
Place for May 17, 2010 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 Impro.vement Area Law o.f 1989 (the
"Law"), Califo.rnia Streets and Highways Code Sectio.ns 36500 et seq., autho.rizes the City
Co.uncil to. levy an assessment against businesses within a parking and business improvement
area which is in additio.n to. any assessments, fees, charges, o.r taxes impo.sed in the City.
SECTION 2. Pursuant to. the Law, the City Co.uncil ado.pted Ordinance No.. 4819
establishing the Do.wnto.wn Palo. Alto. Business Impro.vement District (the "District") in the City
o.f Palo. Alto..
SECTION 3. The City Co.uncil, by Reso.lutio.n No.. 8416, appo.inted the Beard o.f
Directo.rs o.f the Palo. Alto. Do.wnto.wn Business & Pro.fessio.nal Asso.ciatio.n, a Califo.rnia
no.npro.fit mutual benefit co.rpo.ratio.n, to. serve as the Adviso.ry Beard fer the District (the
"Adviso.ry Beard").
SECTION 4. In acco.rdance with Sectio.n 36533 o.f the law, the Adviso.ry Beard
prepared and filed with the City Clerk a repo.rt entitled "Do.wnto.wn Palo.· Alto. Business
Impro.vement District, Annual Repo.rt 2010-2011" (the "Repo.rt). The City Co.uncil hereby
preliminarily appro.ves the repo.rt.
SECTION 5. The bo.undaries o.f the District are within the City limits o.f the City
o.f Palo. Alto. (the "City") and enco.mpass the greater do.wnto.wn area o.f the City, generally
extending from EI Camino. Real to. the East, Webster Street to. the West, Lytto.n Avenue to. the
No.rth and Addiso.n Avenue to. the So.uth (east o.f Emerso.n Street, the bo.undaries extend o.nly to.
Fo.rest Avenue to. the So.uth). Reference is hereby made to. the map o.f the District attached hereto.
as Exhibit "A" and inco.rpo.rated herein by reference fer a co.mplete descriptio.n o.f the bo.undaries
o.f the District.
SECTION 6. The City Co.uncil hereby declares its intentio.n, in additio.n to. any
assessments, fees, charges o.r taxes impo.sed by the City, to. levy and co.llect an assessment
against businesses within the District fer fiscal year 2010-2011 (July 1, 2010 to. June 30, 2011).
Such assessment is net pro.po.sed to. increase fro.m the assessment levied and co.llected fer fiscal
1
100331 jb 0130568
Not Yet Approved
year 2009-2010. The method and basis of levying the assessment is set forth in Exhibit ."B"
attached hereto, and incorporated herein by reference.
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 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 withi;n 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 2010-2011 as follows:
TIME:
DATE:
PLACE:
7:00 p.m.
Monday, May 17,2010
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 2010-2011 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
2
100331 jb 0130568
Not Ye~ Approved
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
proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50·
percent (i.e., there is a majority protest), no further proceedings to levy the proposed assessment,
as contained in this 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.
If the majority protest is only against the furnishing of a specified type or types of
improvement or activity within the District, those types of improvements or activities shall be
eliminated.
SECTION 10. For a full and detailed description of the improvements and
activities to be provided for fiscal year 2010-2011, the boundaries of the District and the
proposed assessments to be levied against the businesses within the District for fiscal year 2010-
2011, reference is hereby made to the Report of the Advisory Board. The Report is on file with
the City Clerk and open to public inspection.
SECTION 11. The City Clerk is hereby authorized and directed to provide notice
of the public hearing in accordance with law.
II
II
II
II
II
II
II
II
II
II
II
II
3
100331 jb 0130568
Not Yet Approved
SECTION 12. The Council finds that the adoption of this resolution does not
meet the definition of a.project under Section 21065 of the California Environmental Quality Act
and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
. ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
. Senior Assistant City Attorney
100331 jb 0130568
4
Mayor
APPROVED:
City Manager
Director of Administrative
Services
Director of Planning and
Community Environment
The City of
Palo Alto
-':' ,"
lIopo>2, 2003'()1·25 '~:'7:39
p,~ 810 Map 7/25103 (\lcc-pnnI1akIGIOSIO.t.IP"'""""'lIopeZl.rndbl
EXHIBIT A
Downtown Palo Alto
Business Improvement District
This map is a product of the
City of Palo Alto GIS
-.
0'
Thl. dOC\Jf1100II •• graphic ,._nIeUon only 01 be.1 8.1111_ SOUl"".
Tho City 01 Palo AlII> assum .. no ,osponalbll;.y lor ""If ...., ...
Retailers
and Restaurants
(100%)
Service
Businesses
(75%)
Professional
Businesses
(50%)
Lodging
Businesses
(100%)
Financhd
Institutions
EXHIBITB
Downtown Palo Alto Business Improvement District
Annual BID Assessments
ZONE A
$225.00 (Under 6 FTE employees) (50%)
$340.00 (6 to under 11 FTE employees) (75%)
$450.00 (11+ FTE employees) (100%)
$170.00 (Under 4 FTE employees) (50%) ,
$260.00 (4 to under 7 FTE employees) (75%)
$340.00 (7+ FTE employees) (100%).
ZONEB
(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 FTE employees) (25%) $ 50.00
$110.00 (2 to 4 FTE employees) (50%) $ 90.00
$170.00 (5 to 9 FTE employees) (75%) $130.00
$225.00 (10+ FTE employees) (100%) $170.00
$225.00 (up to 20 rooms) (50%)
$340.00 (21 to 40 rooms) (75%)
$450.00 (41 + rooms) (100%)
$500.00
$170.00
$260.00
$340.00
$500.00
Note·1: F or 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: Assessmentamounts are rounded to the nearest ten dollars. The minimum assessment
will be $50.00.