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.
//
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//
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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
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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