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HomeMy WebLinkAbout4403_CCv0001.pdf OVI Nst �yOT� pubs` RESOLUTION NO. 4403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS CALLING A PUBLIC HEARING TO DISESTABLISH PARKING AND BUSINESS IMPROVEMENT AREA B UNDER THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 AND SIMULTANEOUSLY REESTABLISH PARKING AND BUSINESS IMPROVEMENT AREA B UNDER THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1979 WHEREAS, the City Council of the City of Redlands ( "this City Council" ) has adopted Ordinance No . 1570 of the City of Redlands establishing the "Redlands Parking and Business Improvement Area B" (the "Area" ) , the boundaries of which are shown on Exhibit "A" attached to this resolution and incorporated herein by this reference; and WHEREAS , pursuant to the provisions of the Parking and Business Improvement Area Law of 1965, taxes are levied upon businesses located within the Area for the acquisition, construction and maintenance of parking facilities for the benefit of the Area , the promotion of public events within the Area and the general promotion of retail trade activities in the Area; and WHEREAS, the Board of Directors of the Area has undertaken a comprehensive study of the monthly revenues , expenses and cash balances of the Area, and, based upon that study, determined that it is in the best interest of the businesses within the Area that the rates and methods of levying charges on those businesses be revised; and WHEREAS, it is the desire of this City Council to comply with the Board of Directors ' request and revise the rate and method of assessing businesses within the Area ; and WHEREAS, subsequent to the establishment of the Area under the Parking and Business Improvement Area Law of 1965, the State Legislature enacted the Parking and Business Improvement Area Law of 1979 ( Streets and Highways Code Sections 36500 et seq . ) to provide that, in addition to taxes , cities may impose assessments or charges , or both , upon businesses within a parking and business improvement area for the acquisition, construction and maintenance of parking facilities for the benefit of the area , the promotion of public events in the area and the general promotion of business activities in the area; and WHEREAS , pursuant to the authority granted it under the Parking and Business Improvement Area Law of 1979 , it is the further desire of this City Council to levy charges and assessments on the businesses located within the boundaries of Parking and Business Improvement Area B; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows : SECTION 1 . At a public hearing to be held on August 2 , 1988 , at 7 : 00 p.m. , in the Council Chambers for the City of Redlands located at Safety Hall , 212 Brookside Avenue, Redlands , California, this City Council shall consider adoption of an ordinance disestablishing Parking and Business Improvement Area B under the Parking and Business Improvement Area Law of 1965 and reestablishing -2- Parking and Business Improvement Area B under the Parking and Business Improvement Area Law of 1979 . SECTION 2 . At the hearing, all interested parties may appear and present oral and written testimony regarding the proposal to disestablish Parking and Business Improvement Area B under the Parking and Business Improvement Area Law of 1965 and reestablish Parking and Business Improvement Area B under the Parking and Business Improvement Area Law of 1979 . SECTION 3 . Revenues collected by the City from Parking and Business Improvement Area B shall be used for the acquisition, construction and maintenance of parking facilities for the benefit of the Area, the decoration of public places in the Area, the promotion of public events in the Area, the furnishing of music in public places in the Area and the general promotion of business activities in the Area. SECTION 4 . The boundaries of Redlands Parking and Business Improvement Area B are as set forth in the boundary map attached hereto as Exhibit "A. " SECTION 5 . A description of the system of assessments and charges which will be levied and the businesses upon which the levies will be made are set forth in Exhibit "B, " attached hereto and incorporated herein by this reference. SECTION 6 . The City Clerk is hereby directed to mail a copy of this resolution to each business located within the boundaries set forth in Exhibit "A, " and to publish this resolution -3- once, prior to the hearing on August 2 , 1988, in a newspaper of general circulation within the City. ADOPTED this 19th day of July, 1988. Le- Mayor of the City of Redlands ATTEST it` Clerk -4- REDLANDS BLVD . STATE STREET a z cn 1-3 x � z to H CITRUS AVMWE 3 000 t7 � cnx OH r+ m cH RETAIL ASSESSMENTS O ZONE 1 : 2 TIMES THE BUSINESS LICENSE ZONE 2 : 1 . 5 TIMES THE BUSINESS LICENSE o ZONE 3 : 1 TIMES THE BUSINESS LICENSE EXHIBIT "B" SCHEDULE OF CHARGES AND ASSESSMENTS A: RETAIL 1 . In accordance with Streets and Highways Code Section 35526 , zones of benefit are established based upon the degree of benefit derived by retail businesses. Each of the zones shall be assigned one of the following rates to assess charges on retail business: RATE A: twice the business license charge RATE B: one and one-half the business license charge RATE C: equal to the business license charge B: PROFESSIONALS 1 . The charge shall be one-fourth ( 1/4 ) the charge for the professional ' s business license C: CONTRACTORS 1 . The charge shall be one-half ( 1/2 ) the charge for the contractor ' s business license D: FINANCIAL INSTITUTIONS AND PUBLIC UTILITIES 1. The charge shall be $1, 250 . 00 plus $10 . 00 per full-time employee, or the equivalent thereof, (e.g. two 20 hour employees = 1 full time employee ) working within the boundaries . E: NON-PROFIT ORGANIZATIONS AND MISCELLANEOUS SPACE USE 1. The charge shall be $50 . 00 MAXIMUM ASSESSMENT FEE 1. A maximum amount of $2 , 500 . 00 shall be charged any one business in Parking and Business Improvement Area B. MINIMUM ASSESSMENT FEE 1 . A minimum amount of $50 . 00 shall be charged any one business in Parking and Business Improvement Area B. NOVI Name: Bank of Redlands Address: 200 E. Citrus Avenue City: Redlands State: CA Zip: 92373 Type: Financial Institute Name: Security Pacific Bank Address: 220 E. State Street City: Redlands State: CA Zip: 92373 Type: Financial Institute Name. Provident Federal Savings Address: 125 E. Citrus Avenue City. Redlands State: CA Zip: 92373 Type: Financial Institute Name: Wells Fargo Bank Address: 2 E. Citrus Avenue City: Redlands State: CA Zip: 92373 Type. Financial Institute Name- Bank of America Address: 305 E. State Street City: Redlands State: CA Zip: 92373 Type: Financial Institute Name: Redlands Federal Savings and Loan Address: 300 E. State Street City- Redlands State: CA Zip, 92373 Type: Financial Institute Name: American Savings & Loan Address: 10 N. Fifth Street City: Redlands State: CA Zip: 92373 Type: Financial Institute Name: AV,-'O Financial Services Address: 24 E. State Street City: Redlands State: CA Zip: 32373 Type: Financial Institute Name. Redlands Bible Church Address: 209 Redlands Plaza City: Redlands State: CA Zip: 92373 Type: Non Profit Name: Bob Thomas Insurance Agency Address: 10 N. Eighth Street City: Redlands State: CA Zip: 92373 Type: Insurance Name: Davis & Graeber Insurance Services Address: 401 E. Citrus Avenue City: Redlands State: CA Zip: 92373 Type: Insurance Name: Hapdosool Institute Address: 116 Orange City: Redlands State: CA Zip: 92373 Type: Non Profit Name: Redlands Financial Insurance Services -2- Address: 300 E. State Street City: Redlands State: CA Zip: 92373 Type: Financial Institute Name: State Farm Insurance Address: 12 N. Sixth Street City: Redlands State: CA Zip: 92373 Type: Insurance Name: Christian Science Reading Room Address: 103 E. Citrus Avenue City: Redlands State: CA Zip: 92373 Type: Non Profit Name: Beneficial California INC. Address: 304 A. E. Citrus Avenue City: Redlands State: CA Zip: 92373 Type: Insurance Name: Colonial Life and Accident Address: 300 E. State Street City- Redlands State: CA Zip. 92373 Type. Insurance Name: Redlands Federal Insurance Services Address: 300 E. State Street City: Redlands State: CA Zip, 92373 Type-, Insurance Name: M.I.S./Data Liaison Address: 300 E. State Street C i =;r i � � udand State: "Z 92373 l y pe Computer Slystera ax e: Phonelx Real Estate Address, 300 E. StalUe Street City: Redlands State: CA ip 92373 Type: Real Estate NNorthcutt Ely Law w Offi e Address: 30 , State Street "-'ity: Redlands Sate. CA _ ° 92373 Type: L- Offices r m -4- LAW OFFICES OF BEST. BEST & KRIEGER July 14 , 1988 MEMORANDUM TO: MAYOR, CITY COUNCIL AND CITY MANAGER FROM: CITY ATTORNEY RE: REORGANIZATION OF PARKING AND BUSINESS IMPROVEMENT AREA B ( "BID" ) As you know, the downtown Redlands Business Improvement District ( "BID" ) and Town Center Corporation have been working together to streamline the operations of both entities and maximize the benefits each group receives from promotional events held in the downtown area . As part of these meetings , it was agreed by Town Center and the Board of Directors of the BID to revise the charges which are levied upon businesses within the BID and assess certain businesses which have not previously been charged in the past. Further, to ensure that businesses within the BID are charged in proportion to the benefit they receive from promotional events held in the downtown area, it was proposed that "zones of benefit" be established and that the charges assessed be based upon the benefit derived by each business located within those zones. After the schedule of charges and zones of benefit were agreed upon, the Board of Directors of the BID and Town Center then asked we outline the steps the City must take to levy these new charges . LAW OFFICES OF BEST, BEST & KRIEGER The BID was established under the Parking and Business Improvement Area Law of 1965. (Streets and Highways Code Sections 3600 , et sec . ) Under that Law, the City is empowered to levy a tax on all businesses within the BID to pay for promotional events and parking improvements . However, since the date of the establishment of the BID, the voters of the State have approved Propositions 13 and 62 which generally prohibit the City from increasing special taxes without obtaining the approval of two-thirds of the voters within the City. Therefore, for the present BID tax to be revised, it would be necessary to hold a special election and obtain a two-thirds voter approval . Soon after Proposition 13 was enacted, the State Legislature enacted the Parking and Business Improvement Area Law of 1979 . That Law provides that in addition to taxes , a city may levy assessments within a parking and business improvement area to pay for the same promotional events and physical improvements which taxes could be levied for . As you may know, the imposition or increase of an assessment is not subject to a two-thirds voter approval of the citizens of Redlands . Accordingly, to avoid the expense of holding a special election, it was our suggestion to the BID and Town Center that they ask the City to disestablish the BID under the 1965 Parking and Business Improvement Area Law and reestablish the District under the 1979 Law. This would enable the City to levy the revised charges as assessments without conducting a special election. -2- e LAW OFFiCE:$ OF BEST, BEST & KRIEGER The attached resolution would call for a public hearing on August 2 to consider disestablishing the existing Parking and Business. Improvement Area B under the 1965 Law and simultaneously reestablish it under the Parking and Business Improvement Area Law of 1979 . In accordance with the .requirements of the Streets and Highways Code, the resolution shows the proposed boundaries of the "new" business improvement district and also contains a schedule of the charges which will be levied. The resolution further directs the City Clerk to send a copy of the resolution to each business located within the boundaries of the BID and publish it once in the Redlands Daily Facts ten days prior to the hearing. At the hearing on August 2 , the City Council should receive any protests and evidence for and against the proposed reorganization. Unless there is a protest made in writing by businesses which will pay a majority of the assessments or charges proposed to be imposed, the Council may close the hearing and adopt an ordinance reorganizing the BID. DANIEL J. MCHUGH -3-