HomeMy WebLinkAboutID-2763-BID
City of Palo Alto (ID # 2763)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/23/2012
April 23, 2012 Page 1 of 4
(ID # 2763)
Summary Title: BID Preliminary Re-Authorization
Title: Preliminary Approval of the Report of the Advisory Board for Fiscal Year
2013 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 2013 and Setting a Time and Place for a Public Hearing on
May 7, at 7:00 PM or Thereafter, in the City Council Chambers
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that City Council:
(a) Preliminarily approve the Business Improvement District (BID)
Advisory Board’s 2013 Budget Report for the BID (Attachment 1)
and;
(b) Adopt a Resolution of Intention to Levy Assessments in the Palo Alto
Downtown Business Improvement District for Fiscal Year 2012,
setting a date and time for the public hearing on the levy of the
proposed assessments for May 7, 2012, at 7:00 PM, or thereafter, in
the City Council Chambers (Attachment 3)
Executive Summary
This Council action includes a preliminary approval of the BID Board’s
annual report, and sets a time and place for a public hearing for the staff
presentation, and to determine any objections to the assessments.
Since the 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 (PADBPA), the entity with which the
April 23, 2012 Page 2 of 4
(ID # 2763)
City contracts to provide services to the 800+ businesses assessed in the
Downtown. These include addressing the three main issues facing
downtown businesses: cleanliness, safety, and attractiveness, 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 for individually owned
professional businesses to $500 annually for financial institutions. The
PADBPA has monthly open meetings governed by the Ralph M. Brown Act
which any business or individual can attend.
At last year’s re-authorization hearing, some Councilmembers asked staff
to evaluate the possible expansion of the BID area and adjustments to the
fee structure. Staff consulted with the PADBPA Board who did not favor
expanding the boundaries or adjusting fees at this time. Legal staff has
informed us that expansion of the boundaries will require re-establishment
of the District including the expanded area which may require a vote of the
entire assessment district.
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 to promote the economic
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 (PADBPA), 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.
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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 2, 2011, at the
conclusion of the public hearing, the Council may adopt a resolution
confirming the report for Fiscal Year 2012 as filed or as modified by the
Council. The adoption of the resolution constitutes the levying of the BID
assessments for Fiscal Year 2012.
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 2013. 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 2012.
The Advisory Board has recommended no change in the BID boundaries or
the method and basis for levying assessments.
A map of the BID and assessment schedule is attached (Attachment 2).
The proposed assessments in the BID for Fiscal Year 2013 are the same as
the assessments in Fiscal Year 2012. No increases are proposed.
The budget report for Fiscal Year 2013 was reviewed and approved by the
Palo Alto Downtown Business and Professional Association at its board
meeting on March 28, 2012.
Resource Impact
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 vitality in 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
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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:
: PAd Annual Report 2012-13 (DOC)
: Bid Map and Fee Schedule (Exibit A & B) (PDF)
: 0130950 RESO Declaring Intention to Levy BID FY13 (PDF)
Prepared By: Thomas Fehrenbach, Econ Dev Mgr
Department Head: James Keene, City Manager
City Manager Approval: ____________________________________
James Keene, City Manager
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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 36500 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, 2012 and ending
June 30, 2013. (“Fiscal Year 2012-13”).
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 2012-13;
III. An estimate of the cost of providing the improvements and the activities for Fiscal Year 2012-
13;
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 2012-13.
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, and Russell S. Cohen, Executive Director on behalf of the
Advisory Board (“Advisory Board”) of the Palo Alto Downtown Business & Professional Association
(“PAd”).
The Advisory Board approved this report on March 28,, 2012.
Received on file in the Office of the City Clerk of the City of Palo Alto on March 29, 2012.
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Section I: BID boundaries and Benefit Zones
There have 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. The area of the BID is referred to as
“Downtown”
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2011-12 FISCAL YEAR IN REVIEW
“Keeping Downtown Palo Alto Safe, Spotless and Successful.”
Identified approximately $25K in new assessments by updating data base
Included letter to new businesses with first invoice helping to educate and inform them about
PAd
Included letter with second invoice to all businesses within district
Increased street cleaning schedule and improved street cleaning equipment resulting in
noticeable improvements
Increased police presence with addition of dedicated patrol officers downtown
Recruited new board members
Initiated Cogswell Plaza improvements, work plan approved and renovations begin in
Spring/Summer 2012
Developed rules of engagement for Lytton Plaza with Parks Department.
Launched PAd Facebook page
Completed annual financial audit
Conducted “on the street” surveys regarding Downtown general issues
Recruited media coverage including “Eye on The Bay” ( KCBS) and “Around the Bay”
( KNTV-NBC) live remote
Gathered approx. 140 email addresses from Downtown businesses
Assumed responsibility for the Chamber Parking Committee which in turn has helped to develop
Downtown parking policy enhancements
Initiated monthly meetings with City of PA Economic Development Manager as well as monthly
meetings with Chief Parking Official.
Designed and placed advertising in Palo Alto Weekly and Palo Alto online
Designed and managed media coverage and vendor participation for: “The Downtown Palo Alto
Clean, Green Street Scene” and “The Downtown Palo Alto Light the Night Holiday Tree
Lighting” event
Worked with merchants, restaurants and City staff for the first ever closure of University Ave for
“World Music Day”
Initiated the “Downtown Crown.” A symbolic gift presented to new businesses upon their grand
opening. Five crowns have been presented during calendar year 2011
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Conducted PAd breakfast roundtable entitled, ” In Pursuit of the Perfect Public Parking
Program” with featured speakers from the City of San Francisco’s Transportation Commission,
City of Palo Alto and Redwood City
Partnered with city of Palo Alto on Gran Fondo, United Nations Association Film Festival,
Giants Championship Trophy in Lytton Plaza and Parade of Champions events
Conducted board member brainstorming and prioritization goal setting offsite.
Media coverage included at least 10 articles on Downtown events and issues.
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Section II: Improvements and Planned Activities for Fiscal Year 2012-13
Programs, Events and Activities:
A more attractive Downtown:
Continued robust cleaning schedule along with improved cleaning equipment including a higher
pressure, hot water device to allow for gum removal through a partnership with the City of Palo
Alto and its vendors.
An active lamppost banner schedule is in place for both spring and summer and is in
development for fall and winter. New banner ordinance language is in development.
Lighting and landscaping improvements for Cogswell Park will commence in May 2012.
Rules of engagement regarding amplified music and permitting for Lytton Plaza are under
development with a recommendation from the Parks and Recreation commission forthcoming.
Work continues with the Palo Alto Police Department to address aggressive panhandling and
loitering conflicts.
Work continues with the Downtown Streets Team, North County Alternative Services,
InnVision, Palo Alto Police Department and the City of Palo Alto Public Works Facilities and
Operations Divisions to address both area cleanliness and area’s complex transient population
issues, with special emphasis on Downtown public parking garages and alleyways.
Landscaping enhancements along University Avenue in partnership with the city of Palo Alto
landscape architect. Work scheduled to begin Spring 2012.
Twinkle lights in Lytton Palza upgraded to solar timers while street trees remain on traditional
timers enabling better control of electricity in Lytton Plaza.
Work with the City of Palo Alto Economic Development Manager to develop and implement
restaurant outdoor seating guidelines and process.
Flagpoles displaying American Flags during national holidays on lamp posts is under
development with the city of Palo Alto Public Works division.
Enhancing downtown with a preponderance of public art, including art in vacant storefronts in
under development through a partnership with The City of Palo Alto Art Commission, ArtHere
and others. “First /Art Crawl” under consideration of reemergence.
A more informed Downtown:
Work is underway to create a Downtown Ambassador program. Currently the Downtown
Streets Team (DST) administers a tiered system employing participants to clean Downtown
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streets and alleyways in exchange for food and housing vouchers. Participants are rewarded and
promoted through tiers based on performance. The introduction of a new tier, “Downtown
Ambassador,” will become the ultimate reward. These “Ambassadors” will be neatly uniformed
and well educated about Downtown events and businesses. They will function as Downtown
concierges for visitors and patrons of Downtown Palo Alto. Funding will come from multiple
private/public partnerships.
Revitalization of the block captain program is under discussion. “rBlock” geographic
communications tool under beta testing by city of Palo Alto and PAd to test efficiency of this
method of mass communication.
Continued board member recruitment/development is underway with special attention given to
diversity. Desired diversity would include a variety of business types represented on the board,
including but not limited to Financial, Technology, Retail, Medical, Restaurant, Real Estate, and
Hospitality as well as at least one representative from more distant points within the district.
Providing information through a printed walking map of Downtown is under development
Providing information and branding of Downtown through publication of “Made in
DOWNTOWN Palo Alto” is under development.
A more connected Downtown:
Web presence:
Re-engineer website to communicate with district members. Re-branding of PAd to be included
in website redesign
B2B focused. This refocus will allow members to build relationships amongst fellow members of
the district, be better informed about events, issues and programs that affect their businesses
directly.
Give business of all kinds a better connection to PAd for specific advocacy needs.
Web site will function as a portal for archival information—minutes, agendas and a members’
only contact list.
Social media may be employed to provide a more immediate outreach opportunity to members
and the public.
A comprehensive email database is being developed in order to design an effective electronic
communication strategy.
Surveys
Both electronic and on the street, personal outreach and surveys are ongoing in order to
determine what successes can be capitalized upon and what concerns need to be addressed
regarding doing business in Downtown Palo Alto.
Partnerships
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Building relationships with Stanford Dean of Student Activities, Athletic Events Marketing
Director, Office of Government and Community Relations and University Real Estate Office to
enhance connectivity and encourage Stanford visitors and community members to come
Downtown.
Other partnership discussions underway include, Palo Alto Community Fund, Palo Alto Institute,
Palo Alto Art Center, Kiwanis, Palo Alto Chamber of Commerce and more.
Outreach
Through vigorous outreach, the PAd member database has been updated and made more accurate
resulting in approximately 160 new member listings representing approximately $20,000 in
additional assessments.
Ongoing outreach to members regarding issues that might affect the success of their day-to-day
activities, (i.e. construction updates, special events, street closures, temporary sidewalk
obstructions, etc.) Note: SF Giants Trophy appearance downtown and Parade of Champions
event are examples of this face-to-face, personal outreach effort.
A more efficient Downtown:
Continued improvement of way-finding signage including but not limited to public parking way-
finding and additional bike arcs/racks and corrals.
Supporting the ongoing efforts to streamline the permitting process through the City of Palo Alto
Development Center.
PAd now administers and facilitates the former Palo Alto Chamber of Commerce Parking
Committee as much of the work plan discussed by this committee is downtown-centric.
A more active Downtown:
The second annual Earth Day celebration called “The Downtown Palo Alto Clean Green Street
Scene” will be held April 20, 2012.
Support, promote and expand World Music Day.
Support and promote The Palo Alto Gran Fondo Bicycle Ride and Taste of Palo Alto.
Support the efforts of the San Mateo County Convention and Visitors Bureau and ongoing
Stanford events and opportunities to drive more visitors to Downtown Palo Alto from the
Stanford campus.
Help promote United Nations Association Film Festival, Stanford Jazz Summers, Palo Alto
Institute Film Festival and TheaterWorks programs.
Transition oversight and promotion of a vibrant and well-used Lytton Plaza from the Friends of
Lytton Plaza.
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New events to attract visitors and encourage neighbors to visit downtown Palo Alto more often
are under development through subcommittees of the PAd.
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Section III: Budget for 2012-13
The total funds available for activities for this fiscal year are estimated to be $29,715. The budget for
providing the activities is set forth as follows:
BID 2012/13 Budget
INCOME Total
Non-Assessment
Sources
Assessments $160,000
Allowance for Uncollectible Assessments ($35,000)
Other Revenue $12,600 $12,600
09-10 Surplus Carryover $50,000
TOTAL INCOME $187,600 $12,600
EXPENSES
Operating Expenses
Staff Salaries
Executive Director Salary $66,000
Payroll taxes and expense $6,600
Office Supplies & Expenses $2,000
Internet/Website Maintenance $500
Telephone $900
Rent $3,120
Reauthorization Advertising $2,000
Audit-Tax Returns $5,700
Legal $1,000 $1,000
Insurance - Liability $1,800
Workman's Comp $1,000
Nominating $1,500
Contingencies $2,000
Subtotal -- Operating Expenses $94,120 $1,000
Programs, Marketing and Events
Banners $7,500 $2,000
Breakfast Roundtables $5,700 $4,100
Events $7,000 $3,500
Member Outreach & Communication $11,250 $2,000
Downtown Streets Team $5,000
District Improvement $57,030
Subtotal --Programs, Marketing & Events $93,480 $11,600
TOTAL EXPENSES $187,600 $12,600
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Section IV: Method and Basis of Levying the Assessment
Cost Benefit Analysis / Bid Assessments
The method and basis of levying the assessment is provided 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
2012-13 and is not changed from the FY 2011-12 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 service and professional businesses in the district.
While service-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:
Retail and Restaurant 100% of base amount
Service 75% of base amount
Professional 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.
The location of a business also determines 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 businesses 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:
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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 10
hours a week (based on a 40 hour work week; an 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 (An FTE equals approximately 2000 hours annually)
The tiering 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 theatres, etc.
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 and/or specialized licenses or academic
degrees such as architects, engineers, attorneys, chiropractors, dentists, doctors, accountants,
optometrists, realtors, insurance brokers, venture capital firms, 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
(Definitions) 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-profit organizations
Newspapers
“Single person professional businesses” that have 25% or less FTE, including the
business owner
The Assessment calculated shall be paid to the City no later 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 subject to a 10% late fee.
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Section V: Revenue Surplus or Deficit
Based on the revenue balance on 02/28/12 of $103,225, the PAd expects a surplus carryover of $50,000.
Expected expenses for the remainder of FY 11-12 are as follows:
Current Revenue Balance $103,225
Expected expenses for remaining FYE6/30/2012
Staff Salaries $25,000
Elections & Annual Report $3,500
Office & Operating Expenses $10,000
Outside Audit $4,000
Reauthorization Advertising $2,500
Downtown Streets Team $5,000
Rent $1,300
Total Expected Expense $51,300
Expected Carryover
$50,000
Section VI: Non-assessment Income
It is estimated that $ 12,600.00 will be raised in fundraising, and sponsor support. Additionally,
anticipate in kind contribution towards expenses for Fiscal Year 2012-13.
Projected Income for Fiscal Year 2012-13
Roundtable Breakfasts (donation) $4,100
Legal (donation) $1,000
Banners $2,000
Events $3,500
Member Outreach & Communication $2,000
Total $12,600
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Section VII: PAd Board of Directors by Business Type
Retailers and Restaurants
Alice Duetsher, Shady Lane Gifts
Whitney Denson, Five Ten Gifts
Georgie Gleim, Gleim the Jeweler
Jeff Selzer, Palo Alto Bicycles
Cornelia Pendelton, University Art
Hotel and Lodging
Barbara Gross, Garden Court Hotel
Service Businesses
Robert Peterson, Peterson Architects
Financial Institutions
Deborah Pappas, Borel Private Bank & Trust Company
Professional Organizations
Anne E. Senti-Willis, Thoits, Love, Hershberger & McLean
Non Profit Organizations
Chris Richardson, Downtown Streets Team
Meredith Hagedorn, Dragon Theater
LIAISONS
Palo Alto Chamber of Commerce
Paul Wright, President & CEO
Downtown Streets Team
Eileen Richardson, Executive Director
City Of Palo Alto
Greg Scharff, Palo Alto City Council
Thomas Fehrenbach, Manager of Economic Development
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Attachment 1
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 Business:
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: 100% of base amount
• Service: 75% of base amount
• Professional: 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 serviced 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 tossed into a body of calm water.
Furthermore, ground floor businesses tend to benefit to a greater degree than businesses located in upper
floors. Therefore, in some cases, a new BID's annual benefit assessment formula also takes these street
level criteria into account.
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.
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Attachment 1
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: 100% 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 I.
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 of 2,000 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:
Retail/Restaurants Service Businesses
Small 50% of base amount Under 6 FTE* Under 4 FTE
Medium 75% of base amount 6 to under 11 FTE 4 to under 7 FTE
Large 100% of base amount 11 or more FTE 7 or more FTE
* FTE = full time employees
Additionally, an exemption was established for “single person professional businesses” that have 25% or
less FTE, including the business owner. This covers employees who work less 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.
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Attachment 2
ATTACHMENT 2
Downtown Palo Alto Business Improvement District
Annual BID Assessments
ZONE A
ZONE B
(75% of Zone A
amount)
Restaurants & Retailers
Under 6 FTE (50% of base amount) $225 $170
6 to under 11 FTE (75% of base amount) $340 $260
11 or more FTE (100% of base amount) $450 $340
Service Businesses
Under 4 FTE (50% of base amount) $170 $130
4 to under 7 FTE (75% of base amount) $260 $200
Over 7 FTE (100% of base amount) $340 $260
Professional Businesses
25% or fewer FTE, including owner (0% of base amount) Exempt Exempt
26% FTE to under 1 FTE (25% of base amount) $60 $50
2 to 4 FTE (50% of base amount) $110 $90
5 to 9 FTE (75% of base amount) $170 $130
10+ FTE (100% of base amount) $225 $170
Lodging Businesses
Up to 20 rooms (50% of base amount) $225 $170
21 to 40 rooms (75% of base amount) $340 $260
41+ rooms (100% of base amount) $450 $340
Financial Institutions $500 $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.
Not Yet Approved
120327 jb 0130950 1
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 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 El 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 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.
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: 7:00 p.m. or soon thereafter
DATE: Monday, May 7, 2012
PLACE: 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
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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 2013, the boundaries of the District and the
proposed assessments to be levied against the businesses within the District for fiscal
year 2013, 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.
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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 Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Senior Assistant City Attorney City Manager
_____________________________
Director of Administrative
Services
_____________________________
Director of Planning and
Community Environment