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HomeMy WebLinkAbout2003-10-07 City Council (7)TO: City HONORABLE CITY COUNCIL City of Palo Alto Manager’s port FROM:CITY MANAGER DEPARTMENT: City Manager DATE:October 7, 2003 CMR: 457:03 SI~JECT:RECOMMENDATION TO ADOPT A RESOLUTION AMENDING RESOLUTION NO. 8339, TO APPOINT THREE ADDITIONAL PROFESSIONAL BUSINESS MEMBERS TO THE BUSINESS IMPROVEMENT (BID) ADVISORY BOARD AND TO CHANGE THE DATE OF THE PUBIC HEARING ON THE ESTABLISHMENT OF THE DOWNTOWN BID FROM NOVEMBER 17, 2003 TO NOVEMBER 24, 2003. RECOMMENDATION Staff recommends that the City Council adopt a resolution amending City Council Resolution No. 8339 to: 1.Set the size of the Downtown Business Improvement District (BID) Advisory Board at a maximum of 15 members Appoint the following individuals to the BID Advisory Board: Victoria S. Lukanovich Professional Business Website design, computer assistance c~Jim Maliksi Professional Business Architect a Beth Rosenthal Professional Business Psychologist Set November 24, 2003 at 7:00 p.m. (or as soon thereafter as is practicable) in the City Council Chambers as the place and time for a public hearing to hear comments, protests and testimony on the establishment of a downtown BID. BACKGROUND At the September 22, 2003 City Council meeting, the City Council approved the following actions: CMR:457:03 Page 1 of 5 o Appointed the Ad Hoc Advisory Committee Members as the Advisory Board that will prepare the required Report and Recommendations to City Council on a Downtown BID (with the addition that the BID Ad Hoe Advisory Board return with recommendations for Council decision on additional professional representation on the Committee and the size of the committee Directed the Downtown BID Advisory Board to prepare the report to City Council required by BID law and provide recommendations that will include: Expenditure of revenues derived from the levy of assessments Classification of businesses Method and basis of levying assessments Set October 27, 2003 at 7:00 p.m. (or as soon thereafter as is practicable) in the Council Chambers as the time and place for a public meeting on the proposed BID. The Council may also consider approval of the Report of the Advisory Board on the BID and Resolution of Intention to Establish a Downtown BID on that date. °Set November 17, 2003 at 7:00 p.m. (or as soon thereafter as is practicable) in the City Council Chambers as the place and time for a public hearing to hear comments, protests and testimony on the establishment of a downtown BID City Council added to the first action that the Advisory Board includes the appointment of additional BID Advisory Board Members to include a greater representation from the professional business category. City Council also requested that the BID Advisory Board make a recommendation regarding the size and composition of the Advisory Board. DISCUSSION On March 17, 2003, City Council appointed an Ad Hoc Advisory Committee for the BID to explore the feasibility of creating a BID and to make recommendations to the City Council. The BID law requires a formal Advisory Board to be established that will submit annual reports and recommendations to City Council with respect to the BID assessment and expenditures. On September 22, 2003, City Council appointed the Ad Hoc committee as the formal Advisory Board for the BID and requested that the Advisory Board add more professional businesses to its membership. City Council also requested that the Committee recommend the size of the Committee. CMR:457:03 Page 2 of 5 The members of the Ad Hoc Advisory committee were: Stephanie Wansek Cornelia Pendleton Georgie Gleim Warren Thoits Israel Zehavi Steve Warden John Aywald Alex Resnick Faith Bell Sandra Lonnquist Sunny Dykwel Barbara Gross Cardinal Hotel University Art Gleim Jewelers Thoits Brothers Diamonds of Palo Alto Union Bank Caf~ Neibaum Coppola Spago’s Bell’s Books Palo Alto Chamber of Commerce Alain Pinel Realtors Garden Court Hotel Members of the BID professional community were invited to attend a publicly noticed BID Advisory Group meeting on Wednesday, October 1, 2003. At that meeting, potential additional Board members were identified and interviewed. The Board also determined that the number of members of the Board should be limited to 15 members in order to maximize the ability for a quorum to be present at future BID meetings (a 15 member board would need 8 members to establish a quorum). Accordingly, the BID Advisory Board recommends the addition of three additional members for consideration for appointment to the Advisory Board. These recommendations include a representative of the professional business community who is an architect, a representative of the professional business community who is a consultant (web design and computer assistance) and a member of the professional business community who is a psychologist. The BID Advisory recommends the appointment of the following individuals to the formal Advisory Board: [] Beth Rosenthal, PhD, a licensed psychologist operating her business at 550 Hamilton Avenue, Palo Alto [] Jim Maliksi, J. Maliksi and Associates, a local architect with an office at 654 Gilman Street, Palo Alto []Victoria S. Lukanovich, F1 IT Consulting, a web design and computer consultant, at 425 Alma Street, Palo Alto CMR:457:03 Page 3 of 5 With the addition of the three recommended Advisory Board Members, the representative composition of the board is as follows: Hotels: 2 Retailers: 4 Restaurants: 2 Bank:1 Professional:5 (includes an attorney/insurance office, realtor, psychologist, architect and computer consultant) Total: 15 The cost benefit analysis for the assessment of fees, the proposed assessment formula and map of the BID will be submitted for consideration by the City Council in the report to City Council by the full Board on October 27, 2003. At that time, City Council will hold a public meeting and may choose to adopt a Resolution of Intention to Establish a Business Improvement District. Staff requests that the Public Hearing on the Downtown BID be changed from November 17, 2003 to November 24, 2003 to accommodate the inclusion and integration of the new board members into the planning process and crafting of the report to the City Council. RESOURCE IMPACT Refer to Resource Impact section of September 22, 2003. (Attachment 1) POLICY IMPLICATIONS The establishment of a Downtown BID is consistent with Comprehensive Plan Policies and was a part of the recommendations for Downtown Palo Alto identified in the Retail Strategy for the City of Palo Alto prepared by Sedway and Associates in June 2000. The establishment of a BID supports the following Comprehensive Plan Policies: Policy B-4 Nurture and support established businesses as well as new businesses Program B-1 Initiate assessment districts or other programs to facilitate neighborhood shopping center improvements such as landscaping, parking and access to public transportation. Policy B-11 Encourage the use of public/private partnerships as a means of redeveloping and revitalizing selected areas. Policy B-20 Support and enhance the University Avenue/Downtown area as a vital mixed use area containing retail, personal service, office, restaurant, and entertainment uses. CMR:457:03 Page 4 of 5 Recognize the importance of an appropriate retail mix, including small local businesses, to the continued vitality of Downtown. ENVIRONMENTAL REVIEW This action by the City Council is not considered Environment Quality Act. Attachment 1: CMR: 436:03 from September 22, 2003 Attachment 2: Resolution PREPARED BY: a project under the California S sang.an, Ec~lopment Manager CITY MANAGER APPROVAL: City CMR:457:03 Page 5 of 5 TO: ATTACHMENT~I City of Palo Alto City Manager’s Report FROM: DATE: SU-B~CT: CITY 3L~NAGER DEPART5IEN~f: CITY rvLi_NAGER SEPTEMBER 27,_ ~00o CMR: 4o6:03 RECO~NDAT!ON TO A_DOPT A RESOLUTION TO APPOLNT TILE AD HOC ADVfSORY COB!lV[ITTEE 51EMBERS AS Tb_U~ FORMAL ADVISORY BOARD THAT ~’q~LL PREPARE THE REPORT _~ND RE.CO.~LMENI)ATIONS TO CITY COUNCIL ON A DO~VNTO~WN BUSINESS Lr~IPROVEMENT DISTRICT (BID); DIRECT THE DO~’~TO~"~ BID ADVISORY BOARD TO PREPARE. THE REPORT TO THE CITY COUNCIL THAT IS REQUIRED BY BID LAW; AND SET THE PLACE AND TI~ FOR A PUBLIC bfEETLNG (OCTOBER 27, 2003) AND PUBLIC HEARING (~’OVE3’FBER 17, 2003) ON THE EST&BLISHMENT OF A DOX3,,~,~TOWN BID R_ECOM-MESK) ATION Staff recommends that the City.. Council: 1. Adopt the resolution, which appoints the Ad Hoc Advisory. Committee Members as the Advisory Board that wLll prepare the required Report and Recormmendations to City Council on a Downto~-n BID. Direct the Downtown BID Advisory. Board to prepare the report to City Council required by B~D law and provide recommendations that will include: o Expenditure of revenues derived from ~e le’q¢ of assessments o Classification of businesses o Method and basis of levying assessments 2.Set October 27, 2003 at 7:00 p.m. (or as soon thereafter as is practicable) in the Council Chambers as the time and place for a public meeting on the proposed BID. The Council may also consider approval of the Report of the Adviso~7 Board on the BID and Resolution of Intention to Establish a Downtown BID on that date. 3. Set November 17, 2003 at 7:00 p.m. (or as soon thereafter as is practicable) in the CM2R.-,~6:03 Page 1 of 7 City Council Chambers as the place and time for a public hea_dng to hear comments, protests and testKmony on the establishment of a dox~nto~m BID. BACKGROL~TD Do~mtown Merchants have been exploring the possibility of a BID for Downto~m Palo Alto. The BID will assess businesses provide a variety of se~dces to enhance the economic viability of Downtown Palo Alto. The formation of a BID and the le’~y of assessments against businesses in the B!D to finance improvements and activities benefiting ~e businesses are authorized by state law (Cali%rp, ia Streets and Highway Code Section 3g500 and following). The purpose of a BID is to promote and improve a specific geo~aphic area for the benefit of the businesses in the identified BID area. A BID Advisory Board makes recommendations to the City Council on the expenditure of revenues derived from the le~ff of assessments on the classification of businesses and the method and basis of lewying the assessments and prepares a report: including a budget, for each year that assessments will be levied BIDs have been established in over 200 business areas in California including Mom’~:ain View, San Jose and B,~lingame. . Activities that can be funded with BID proceeds include: o Enhanced Downtown mah~tenance o Promotional events to draw customers to the Downtown o Provision ofbarmers, directional markers, etc. o Paying for a staff person to coordinate Downtown activities o Coordination of business, City and community interests o Provision of business information, marketing materials and maps to highlight Downtown businesses DISCUSSION Downtown Palo Alto has long been known as a tt~ving, dynamic business district. To the credit of many local merchants, the success of the Downtown has been a~ained through the efforts of volunteers such as those who participate in the Downto~m Marketing Committee of the Palo Alto Chamber of Commerce. Wkite the efforts of these volunteers have made a positive impact on the area, it is clear that many opportunities to increase the viabiliD, of the Downtown are missed because business CMR:436:03 Page 2 of 7 owners and operators cannot successfully run b~_m,~ss,.s and provide marketin~ and other sen;ices needed to strengthen ~d~e Downto’a~. For fizis reason, the Downtown Marketing Committee of the Chamber (Cow.aNt-tee), representing both members and non- members of the Chamber, identified the need for a Downto~ BID. On December 2, 2002, the representatives of the Committee formally presented a petition sig-ned by over 50 downto~n businesses during Ci~, Councii oral commu_n_ications. The pe5tion requested that the City, Council agendize t~he discussion of the Downtown BVD and consider passing a Resolution of Intention to Est2Nish a Downtown BID at a subsequent meeting. On March !7, ,.00~, City Counci! appointed an Ad Hoc Advisov Commi~ee for the BID. At 5e time of the appointment, "d~e goup was identified as an ad hoc committee to explore the feasibili~, of ~ " gc~ea~n~ a BID and to m~3:e recommendations to the Cib’ Counci!. The BID Iaw requires a formal Adviso~ Board to be established that wi!l subw~it annual repoKs and recommendations to CiK,~ Council with respect to the BID assessment and expenditures. The BID !aw authoff.zes appointment of the Advisor3.~ Board prior to establist~ment of the B!D. As the Ad Hoc Commi~ee has been meeting re~aiarly since March and has provided the leadership for this initiative, staff recommends that this committee be fonnaiized and named as the Advisory Board to prepare the am~ua! reports and recormmendations to City Council on a Downtown BID. In July and August of 2003, an intern was hired by the City to develop a database of businesses located in tlae BiD area. The intern walked the district several times ~d identified eveD- address and business in the district. Her findings supposed p~or work on the E!D database of businesses and resulted in the identification of 913 businesses. To be certain that ai1 businesses in the BID were informed and could become involved in the plarmf~g of the BID, the Co~nittee sent letters to each business o~mer in the proposed area, identifying the proposed BID boundaries, benefits of the BID, activities that could be accomplished and an estimate of revenues that could be anticipated from the collection of a downtown BID assessment. Multiple discussions at monthly Dov~ntown Marketing meetings and several additional meetings were held to discuss the BID for Downtown Palo Alto with affected merchants. Meetings were held on the following dates and times: Aug-ust_. ~ 1 8am Augnast 28, 2002 6pro September 18: ~00z 8am CardL.’~al Hotel Blue Chalk Cafe Cardinal Hotel CM-R:436:03 l:ao~ 3 of 7 September 18, 2002 6pro November 20, 2002 " July 30, 2003 9am Blue Chalk Care Chamber Mixer @ Zibibbo Restaurant Cardinal Hotel For the meeting that was held on July 30, 2003, a flyer was taken to every business within the proposed BID boundaries to ir~form each business of the date, time and location of the business outreach meeting and im,ite them to bring any concerns or comments for fur&er consideration. An additional business outreach meeting is scheduled for October 8, 2003 at 9:00 am at the Cardinal Hotel to once again hear any comments and answer any questions concerning the proposed BD. A noticed public meeting set and attended by the City Counci! is also required accor ~ding to BID law. The attached resolution sets the punic meeting to hear comments on the proposed establist~nent of a BID on October 27, 2003. Following the public mee ~ting, City Council may approve the report of the Advisory Board and may consider adopting a Resolution of Intention to Establish a Business Improvement District. The Resolution of Intention to Establish a Do~mto~n BID must include the following: ¯Description of the bounda-ies of the m’ea and identification ofa~y separate benefit zones. ¯Nane of the proposed aea. ¯Type or types of improvements and activities to be funded by t~he le~ of assessments. ¯Statement that, except where funds are otherwise avai!able, an assessment will be levied annua!lv ~o pay for all improvements and activities in the area. ¯Identification of the proposed metahod 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/her business. ¯Determination of whether new businesses will be exempt from the levy of the assessment for a period not to exceed one year ~om the date the business commenced operating, pursuant to Streets and Highways Code Section 36531. If the City Counci! chooses to adopt the Resolution of Intention, the fo!lowing actions must be t~oken: CMR:436:03 Page 4 of 7 E A public hearing (noticed according to BID law’) must be held not less than 20 or more than 30 days after the adoption of the reso!ution of intention. (The attached resolution would set this hearing for November 17, 2003). ¯At the hearing, the City Council must consider the testimony of all interested persons for ~d against the establishment of the BID, the extent of the area within the BiD, and on the furnishing of specified Lypes of improvements or activities by ¯e BiD. ¯.~my interested person may make protests oral!y or in writing. Written protests must be filed with the Civ Clerk at or before the time fixed for the punic hea~dng. !f a,~tten protests to the establishment of a BiD are received from the o~ers of businesses in the proposed area, which will pay 50% or more of the total BID assessment, no further proceedAags to create the business improvement area or to te~2¢ the proposed assessment sha!I be considered for at least a year. ¯At the conclusion of the public hearing to establish the BID, the City Council may adopt, revise, change, reduce or modify the proposed assessment or the improvements and activities proposed. If the Ci~ Council, foI!owing the punic hearing, decides to establish the BID, it will adopt an ordinance to that effect. The ordinance wil! contain information required by BID law including the maimer of collection and le~,%, of assessments. ¯~_n subsequent, years the Advisory. Board wilt file an .amnual repoK making recommendations on the ~%llowing: c ._xpenmture of revenues aenved from the le~’ oz assessments o Classification of businesses o Method and basis ofle~ing assessments The a~ached resolution sets the place and time for the public hearing on the proposed BID to hear corrm~ents, protests and testimony on the establishment of the business in’~provement area and the lexo~ of assessments in the BID. At that time, the effect of protests made by business owners against the establishment of a B!D, the extent of the area and activities proposed shalI be described. RESOURCE IM-PACT The Economic Development Division in the City Manager’s Office has provided staff support to the Advisow Committee. Economic Development staff have overseen the creation of a business database and cross referenced it with Reference USA, an electronic database, to ensure that a~ do’~mtown businesses within the BID boundaries are identified. In addition, staff have assisted in the preparation of the budget identifying proposed BID activities, prepared a comprehensive reference booklet for distribution to CMR:436:03 Page 5 of 7 bus:..nesses and worked with a consultant to develop the cost benefit ar~alysis and assessment formula for BID .assessments. Staff wi!l also prepare and ma~ in&.vidua! notices to each business located in the BID p,:-ior to the pubtic meeting. The City Attorney’s office has provided legal oversight and direction regarding the noticing and scheduling of required BID actions. There are st42d a number of issues to be resolved before a Downtown BID could become operational. For example, since the City collects the assessment, impacts to the Administrative Sen:ices Department must be considered. The City of Pa!o _Alto does not have a business license tax, so there was not an existing database availabie for the coilection of BID assessments. Now" that the CiW has created a database of downtown businesses, a methodolo~, for the collection of the BID assessments must be developed. Ci~’ staff from affected deparmaents will reconci!e t,hese issues, gauge impacts to City resov_rces mad make recom.me~.dations to the City. Council. These impacts and reco~-nendations will be a part of ~e staff report to City Council at the time of the Downtown B!D public hea,~mg. BID law provides that costs for the establishment of the BID may be recouped. Staff has not made a recommendation regarding ~e reimbursement of costs that t~he City has incmw=~d. This wil! be discussed in more detail at the time offlae PubLic Hearing. POLICY/Iv[PLICATIONS The establistvnem of a Downtown BID is consistent with Comprehensive Plan Policies and was a part of the recommendations for Downtown Palo Alto identified in the Re~aii StrategT for the City ofPalo .~to prepared by Sedway and Associates in June 2000. The establishment of a BID supports the following Comprehensive Plan Policies: Poti~ ~3-4 Nurture and support established businesses as well as new businesses _Prog’am B-J Initiate assessment districts or other progams to facilitate neighborhood shopping center improvements such as landscaping, parkS_ng and access to public transportation. Policy B-JJ Encourage the use of public/private partnerships as a means of redeveloping and revitalizing selected areas. _Policy ~-20 Support and enhance the UNversi~ Avenue/Downtown area as a vital mixed use area containing retail, persona! service, office, restaurant, and entertaimnent uses. Recogziize the importance of an appropriate retail mix, including small local businesses, to the continued vitaliKv of Downtown. C~,LR:4~6:0~Page 6 of 7 EN~O~ZENT~L This action by the Ciw Council is not considered a pr~ect ~der ~e CMifo~a Envkoment QuMiw Act. P~P,~D BY:~~ , Su,’~an Arpmn, Ec6norni!c Development Manager CITY h£&NAGER A_PPROVAL: Harrison, Assistant CiU Manager CM_R:436:03 Page 7 of 7 P~ESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PAL0 APPOINTING AN .ADVISORY BO~_RD, DIRECTING THE PREPS_RATION OF A RE=PORT FOR FISC.~_L YFE.~_R 2003-2004, ~2TO DIRECTING TPLAT NOTICE BE GIV~N OF A PUBLIC MEETING .~/qD PUBLIC HEARING IN COI\q{ECTION WITH THE PROPOSED EST~_BLISH!KENT OF THE DOWNTOWN BUSINESS I~{PR0\~_I!E_NT DISTRICT ~_\~O THE PROPOSED LEV-f OF 9_N ASSESSD~__!\~T _AGAINST BUSIk~ESSES WITHIN SUCH DISTRICT ~IEP~AS, the City of Pa!o Alto (the "City") is a charter city organized and existing under the laws of the State of California; and Wq{EREAS, i~ is in the public interest to promote the economic vitality and physica! maintenance of business districts within the City in order to prevent erosion of the business districts and to attract and retain businesses; and WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Sections 36500 et seq.) (the "Law") provides that the City may establish a Parking and Business improvement .Area for the purpose of providing improvements and promoting activities within a business district and may levy ~n assessment against businesses within a Parking and Business improvement Area to fund improvements and activities; and WHEP~AS, do%~town business merchants have been ex!3_!oring the possibility of a business i~provement district for downtown Pa!o Alto; and ~SEREAS, the City has received a petition signed by the owners or authorized representatives of over fifty downtown businesses re_questing that the City initiate proceedings for the formation of a Parking and Business improvement Area for the do~_town area; and ~<iEREAS, the City wishes to initiate proceedings for the formation of a Parking and Business Improvement Area for the downtown area pursuant to the Law; and 030917 syn 0100126 ~,~’~{-EP~EAS, the Law requires the City Council to appoint an adviso_~_~ board which shal! make recommendations to the City Council on the ex"penditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of ie-~ing the assessments; and ~EREAS, on March 17, 2003, the City Council appointed a Do~to~ BID Ad Hoc Committee to review options and make recommendations to the City Counci! in correction with a proposed Business ~~ ~=m_Dro~em~.~ Area for the do~to%~ area; NOW, ~=~=~ ....,n~r~_ u.~-~, the Council of the City of Palo A±:o does as follows: SECTION !. The Co~ncii hereby appoints the Downto%m BID Ad Hoc Committee to serve as the advisory board for the proposed Do~,m.to~,m Business improvement District (the "District") pursuant to Section 36530 of the Law (the "Advisory Board"). SECTION 2. The Council hereby directs the Advisory Board to prepare and file with the City Clerk~ in accordance with Section 36533 of the Law a report for fiscal year 2003-2004 in connection with the proposed estab!isb_ment of the District. SECTiO!q 3. The Co~nci! hereby sets October 27, 2003 as the date for a public meeting on the estabiis~ment of the District and the !ev~ of assessments and November 17, 2003 as the date for a public hearing on the estab!isbmaent of the District ~nd the le~ of assessments. Both the public meeting and the public hearing wil! be held at 7:00 p.m., or as soon thereafter as practicable, in the City Counci! Ch=~mbers at 250 Hamilton Avenue, Pa!o Alto, California. SECTION 4. The City Clerk is directed to give notice of the public meeting and the public hearing as re_cmired by law. // // // // // // // // 030917 syn 0100126 2 SECTION 5. The Council finds that this is not a project ~nder the California Environmenta! Quality Act and, therefore, no envirom~enta! impact assessment is necessary_. INTRODUCED AN~ PASSED: AYES: NOES: ~SENT: A~STENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FO~: Senior Asst. City Attorney Mayor City Manager Director of A~ministrative Services 030917 syn 0100126 ATTACHMENT 2 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION NO. 8339, APPOINTING AN ADVISORY BOARD,DIRECTING THE PREPARATION OF A REPORT FOR FISCAL YEAR 2003-2004, AND DIRECTING THAT NOTICE BE GIVEN OF A PUBLIC MEETING AND PUBLIC HEARING IN CONNECTION WITH THE PROPOSED ESTABLISHMENT OF THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND THE PROPOSED LEVY OF AN ASSESSMENT AGAINST BUSINESSES WITHIN SUCH DISTRICT WHEREAS, the City of Palo Alto (the "City") is a charter city organized and existing under the laws of the State of California; and WHEREAS, it is in the public interest to promote the economic vitality and physical maintenance of business districts within the City in order to prevent erosion of the business districts and to attract and retain businesses; and WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Sections 36500 et seq.) (the "Law") provides that the City may establish a Parking and Business Improvement Area for the purpose of providing improvements and promoting activities within a business district and may levy an assessment against businesses within a Parking and Business Improvement Area to fund improvements and activities; and WHEREAS, downtown business merchants have been exploring the possibility of a business improvement district for downtown Palo Alto; and WHEREAS, the City has received a petition signed by the owners or authorized representatives of over fifty downtown businesses requesting that the City initiate proceedings for the formation of a Parking and Business Improvement Area for the downtown area; and WHEREAS, the City wishes to initiate proceedings for the formation of a Parking and Business Improvement Area for the downtown area pursuant to the Law; and WHEREAS, the Law requires the City Council to appoint an advisory board which shall make recommendations to the City Council on the expenditure of revenues derived from the levy of 031001 sm 0100135 1 assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments; and WHEREAS, on March 17, 2003, the City Council appointed a Downtown BID Ad Hoc Committee to review options and make recontmendations to the City Council in connection witha proposed Business Improvement Area for the downtown area; and WHEREAS, on September 22, 2003, th~ City Council adopted Resolution No. 8339, appointing the Downtown BID AD Hoc Committee to serve as the advisory board for the proposed Downtown Business Improvement District (the "District"), directing the advisory board to prepare and file a report for fiscal year 2003-04, and setting a public meeting and public hearing on the establishment of the District and the levy of assessments; and WHEREAS, the City Council requested that the advisory board make a recommendation to the City Council regarding the addition of members to the advisory board to include greater representation from the professiona! business category; and WHEREAS, the advisory board met on October I, 2003 and took action to recommend that the City Council appoint Victoria S. Lukanovich, Jim Ma!iksi and Beth Rosenthal as members of the advisory board; and WHEREAS, sta==~ recommends, in order to allow sufficient time for new members of the advisory board to provide input regarding the proposed District, that the public hearing on the proposed District be rescheduled; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION I. Section 1 of Resolution No. 8339 is hereby amended to read as fol!ows: "SECTION i. The Council hereby appoints the members of the Downtown BID Ad Hoc Committee, as identified in attachment A to this Resolution, together with Victoria S. Lukanovich, Jim Maliksi and Beth Rosenthal to serve .as the advisory board for the proposed Downtown Business Improvement District (the "District") pursuant to Section 36530 of the Law (the "Advisory Board"). The Downtown BID Advisory Board shall be limited to a membership of fifteen members." SECTION 2. Section 3 of Resolution No. 8339 is hereby amended to read as follows: "SECTION 3. The Counci! hereby sets October 27, 2003 as the date for a public meeting on the establishment of the District and the levy of assessments and November 24, 2003 as the date for a public hearing on the establishment of the District and the levy of assessments.Both the public meeting and the public hearing will be held at 7:00 p.m., or as soon thereafter as practicable, in the City Council Chambers at 250 Hamilton Avenue, Palo Alto, California." SECTION 3. The Council finds that this is not a project under 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: Mayor APPROVED: City Attorney City Manager Director of Administrative Services 031001 sm 0100135 3 ATTACHMENT "A" Downtown Business Improvement District (BID) Advisory Board Members: Stephanie Wansek Cornelia Pendleton Georgie Gleim Warren Thoits Israel Zehavi Steve Warden John Aywald Alex Resnick Faith Bell Sandra Lonnquist Sunny Dykwel Barbara Gross Cardinal Hotel University Art Gleim Jewelers Thoits Brothers Diamonds of Palo Alto Union Bank Caf~ Niebaum Coppola Spago’s Bell’s Books Palo Alto Chamber of Commerce Alain Pinel Realtors Garden Court Hotel