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HomeMy WebLinkAbout4883_CCv0001.pdf RESOLUTION NO. 4883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ORDERING THE CONTINUED OPERATION OF PARKING AND BUSINESS IMPROVEMENT AREA B AND CONFIRMING THE ANNUAL REPORT AND ASSESSMENT FOR FISCAL YEAR 1992-93 WHEREAS, the City Council of the City of Redlands did on the 2nd day of June, 1992, adopts its Resolution of Intention No. 4882 to order the therein described work in connection with the continuation of assessment procedures in Parking and Business Improvement Area B, which Resolution of Intention No. 4882 was duly and legally published in the time, form and manner as required by Law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction of facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom; and WHEREAS,said City Council has determined that a majority protest does not exist; and WHEREAS, said City Council having now acquired jurisdiction to order the proposed improvements and activities; SECTION 1. It is hereby resolved by the City Council of the City of Redlands that the public interest and convenience requires the continuation of assessment procedures for the district, and said City Council hereby orders that the improvements, activities and assessment, as set forth and described in said Resolution of Intention No. 4882, be done and made; and SECTION 2. Be it finally resolved that the assessments for fiscal year 1992-93 and method of assessment in the Annual Report are approved and levied. APPROVED AND ADOPTED this 7th day of July, 1992. MAYQR ATTEST: CITY ERK ANNUAL REPORT REDLANDS PARKING AND BUSINESS IMPROVEMENT AREA B FISCAL YEAR JULY 1, 1992 THROUGH JUNE 30, 1993 SECTION 1: AUTHORITY FOR REPORT This report is prepared by in compliance with the requirements of the Streets and Highway Code of the State of California(Parking and Business Improvement Area Law of 1989). SECTION 2: BOUNDARIES AND ZONES OF BENEFIT Changes are not proposed for BID boundaries or zones of benefit. BID boundaries remain Redlands Boulevard on the north; Ninth Street on the east; Citrus Avenue on the south; and Orange Street on the west. Zone 1 is comprised of businesses Iocated on State Street, between Orange Street and Seventh Street. Business located on the south side of Redlands Boulevard and the north side of Citrus Avenue,between Orange and Seventh Streets are in Zone 2. The balance of the BID businesses fall into Zone 3. SECTION 3: METHOD OF ASSESSMENT Assessments shall continue to be levied in accordance with Ordinance No. 2044 of the Redlands Municipal Code relating to Parking and Business Improvement Area B. Sections 7 and 8 state: A. The charges and assessments on all businesses conducting their activities in the Area, which is in addition to the ordinary license tax imposed upon such businesses by the City, are fixed and established at the rates imposed in the following schedule: Retail 1. In accordance with Streets and Highways Code Section 36526, zones of benefit are hereby established based upon the degree of benefit derived by retail businesses. Such zones are described in Resolution No. 4403 of the City Council of the City and may be revised from time to time by resolution of the City Council. 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 (Zone 1) Rate B: one and one-half the business license charge (Zone 2) Rate C: equal to the business license charge (Zone 3) Professional 1. The charge shall be one-fourth the charge for the professional's business license. Contra ors 1. The charge shall be one-half the charge for the contractor's business license. I Financial Institutions and Public Utilities 1. The charge shall be $1,250.00; provided, however, the charge for any wholly owned subsidiary of a financial institution or public utility shall be $50.00. Non-Profit Organizations and Miscellaneous Space Use 1. The charge shall be$50.00 Maximum Assessment Fee 1. A maximum amount of$2,500 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. B. Whenever a business is susceptible to more than one business classification under the Redlands Municipal Code, or under any of the above classifications, the highest applicable business license in the classification which sets forth the greatest additional charges or assessments shall be used and applied to such business." SECTION 4: CONTRIBUTIONS FROM OTHER SOURCES Contributions from sources outside of the BID may be accepted, however, revenue received in this manner shall not be expected, nor built into the annual budget. Sources for these contributions may include: individuals, groups, non-profit organizations, sponsors and/or businesses. Additional voluntary contributions may also be accepted from businesses within the BID. Contributions may take the form of funds, merchandise, services,trade,donations of time and/or in-kind services. SECTION 5: PROPOSED IMPROVEMENTS AND ACTIVITIES The following improvements and activities are proposed for the BID: Safe Trick-or-Treat: Halloween candy is provided to all participating BID businesses for distribution to trick-or-treating children. In addition, costume contests and story-telling activities are held in Ed Hales Park. This image building promotion allows retail and non- retail business operators to obtain exposure for their businesses. Funds allocated to Safe Trick-or-Treat are used to purchase candy, giveaway items,posters and advertising. Christmas Festival/Holiday Sale: The downtown holiday festivities begin the Friday after Thanksgiving and continue through the Saturday before Christmas. Featured activities include the Community Sing,caroling, window decorating and visits by Mr. and Mrs. Claus. The media package is comprised of a "Shop Downtown Redlands" advertising campaign, a calendar of events, posters and radio spots airing on local FM stations. The BID is also proposing to continue its participation as a major sponsor of the annual Christmas Parade. A contribution of$1250 is proposed for the parade, with the balance of funds allocated for holiday supplies, hiring Mr. and Mrs. Claus and advertising. 2 Decorations/Christmas Light: The purchase, installation and removal of seasonal flags, garland and lights for display within the BID area. Spring Sale/Easter: A joint effort with the Redlands Mall and local non-profit organizations, the highlight of the Easter activities is the annual Easter, Pet and Bike Parade. The parade petting zoo, story hour and craft workshops are all oriented toward children. Retail promotions such as sidewalk sales and fashions shows are also part of the Spring/Easter activities. Parade and advertising expenses utilize these funds. Back to School: A gift with purchase campaign designed to entice consumers to fill their shopping and service needs within the BID. The purchase of giveaway items and advertising will use these funds. Advertising: The purchase of generic advertising for the BID area as a shopping and service district. Individual businesses are also advertised on a rotating basis in the "At Your Service" and "Shop Redlands First" sections of local newspapers. Tabloid and community promotionals are also purchased. Musi-Qal: An outdoor music system is in place on State Street, which plays contemporary music for twelve hours per day. The system will accommodate tapes and pre-recorded commercial messages, and has public address capabilities. Security: A proposal to hire private security to supplement police coverage downtown. The security officers would work between the hours of midnight and 5:00 a.m., on alternating days of the week. The BID would pay fifty percent of the costs associated with the security patrol. Downtown business owners/operators would be responsible for the remaining fifty percent. (This expenditure is not recommended without a minimum BID member participation of fifty one percent). Janitorial Services/Grounds Maintenance: These funds have been budgeted to take care of maintenance needs downtown, such as steam cleaning the sidewalks. SECTION 6: BUDGET SURPLUS/DEFICIT The BID has a sufficient fund balance to ensure that a deficit is not carried forward from the 1991-92 fiscal year to the 1992-93 fiscal year. Any surplus revenues shall remain in the BID fund balance account. The BID Board may draw on these funds for project expenditures not originally budgeted. This action requires an approved motion from the BID Board,recommendation to, and approval by the City Council. SECTION 7: BUDGET CHANGES The budget has been structured differently in order to accommodate a change in BID priorities. There has been a shift of focus from seasonal promotions to the overall maintenance and security of the district. The Board has allocated funds to supplement city services, in an effort to maintain high standards in the appearance and safety of downtown Redlands. 3 SECTION 8: PROPOSED BUDGET 1991-92 1991-92 1992-93 Description Budget Actual Request Professional Services 8200 8200 6000 Postage 100 200 300 Telephone 100 0 0 Printing & Binding 300 100 350 Office Supplies 150 100 150 Photographic, Photocopy 300 0 500 General Government Services 8496 8496 286 Total Administrative 17646 17096 8286 Market Night 2000 0 0 Safe Trick or Treat 2500 2387 3000 Lunch and Music 500 69 0 Christmas Festival 3500 3655 3500 Holiday Sale 1500 1219 1500 Spring Sale 1000 **1702 0 Back to School 1000 719 500 Easter 2000 2000 2000 Advertising 7000 5000 5000 Total Promotion 21000 16751 15500 Meetings&Professional Development 1000 312 0 Decorations/Christmas Lights 3825 3435 3500 Directories 2000 ***2000 0 Parking Alternatives 3675 0 0 Special Projects 250 95 0 Music 1500 1300 1500 Special Contractual(Security) 0 0 8350 Janitorial Services 0 0 1100 Grounds Maintenance Q Q 1750 Total Special Projects 12250 7142 16200 Total BID Budget 50896 40989 40086 13.5% charged to administrative budget only ** Reflects 1990-91 expenses incorrectly charged to this fiscal year Reflects downtown security charges not budgeted in 1991-92 4 SECTION 9: PROPOSED SECURITY CONTRACT AGREEMENT The BID Berard is proposing that $8350 be budgeted to contract with a private security firm, to patrol the BID area. These funds will pay for approximately half of the total costs associated with the provision of private security for the BID area. The Board will solicit voluntary contributions from BID members to pay the balance. A minimum of fifty one percent (51%) of BID members must participate in the security program before an expenditure of BID funds will be authorized. The Board is requesting that Council authorize the development and implementation of a contract for private security services, contingent upon majority participation by BID members. SECTION 14: PROPOSED BY-LAWS AND STANDING RULES The BID Board is proposing adoption of the following bylaws and standing rules: BY LAWS AND STANDING RULES FOR THE REDLANDS PARKING AND BUSINESS IMPROVEMENT AREA B ARTICLE I. NAME The name of this organization shall be the Redlands Parking and Business Improvement Area B, hereinafter for brevity and convenience referred to as BUSINESS IMPROVEMENT DISTRICT(BID). ARTICLE H. PURPOSE The purpose of this organization shall be: A. Promotion of public events which are to take place on or in the area; B. Decoration of any public place in the area; C. The general promotion of retail trade activities in the area,including but not limited to the acquisition, construction or maintenance of facilities to increase safety,convenience and appearance of any public place in the area; D. Such administrative services and facilities as may be necessary to provide all promotions and activities specified above. ARTICLE III. MEMBERSHIP Sgglion 1. Eli 'b_ ilit3 All businesses within the boundaries of the Business Improvement District shall comprise the membership of the organization. Section 2. Assessment; The assessment on all businesses conducting their activities in the Business Improvement District, which is in addition to the ordinary license fee imposed upon such businesses by the City of Redlands, is hereby fixed and established at the rates imposed in City Ordinance 2044. Section 3. Collection: The collection of the assessment shall be made at the same time and in the same manner as the ordinary business license fee of the City and shall be due and payable as provided in the Redlands Ordinance Code. 5 ARTICLE IV. OFFICERS Section 1._ General Powgr� and Duties: The affairs of the Business Improvement District shall be managed by a Board of Directors. They shall have power and authority over the affairs of the Business Improvement District, except otherwise set out in these By Laws and Standing Rules, Redlands City Ordinance, and State of California Code. The Board of Directors shall be authorized to adopt rules and regulations as it may deem proper for the economy, progress and success of the District, provided they do not conflict with these By Laws or adopted Standing Rules. Sectign 2. Number and Term: The Board of Directors shall be comprised of nine members each serving for a term of four years. No Director shall serve more than two consecutive terms. Sg&tion 3. SelecliQn of Board Members: Board members shall be nominated to the Board by the Board Chairman and one other Board member at the May meeting. If a majority of the Board approves, the nominee shall be submitted to the City Council for approval prior to July 1st. The Board shall strive to maintain a balance of representation among the businesses with the Business Improvement District. &—c ion 4. Officer i1nd Duties: The Chief Executive of the Directors shall be the Chairman who shall preside over all Board of Director meetings and perform all duties pertinent to the office. The duties of the Chairman shall include, but not be limited to: acquaintance with the activities of all committees and insurance that all committees function,insurance that all orders and resolutions of the District are effected. Section 5. Selection of Chairman: The Chairman of the Board of Directors shall serve for one year. A new Chairman shall be selected each year at the July meeting prior to the start of the new fiscal year. Method of selection shall be by nomination and majority vote of the newly appointed Board of Directors. To be eligible to serve as Chairman, one year's prior service on the Board is required. Section 6. Vacan�ie�: The Chairman shall recommend to the Board a member within thirty (30) days to fill a vacancy on the Board of Directors, such action to be ratified by a majority of the Board of Directors and by the City Council. ARTICLE V. MEETINGS Section 1. Monthly Meeting Regular meetings of the Board of Directors shall be held on a date, at a time and location as designated by the Board. Section 2. Quorum: A majority of the members of the Board of Directors shall constitute a quorum. Section 3. Attenjgnce: Any member of the Board of Directors absent from three or more consecutive regularly scheduled Board meetings without notice/request to the Chairman is considered to have automatically terminated membership on the Board. Section 4. General Membership Meetings: A minimum of one general membership meeting shall be held each fiscal year. All members of the Business Improvement District shall be notified, in writing, fifteen (15) days prior to the meeting date. The Board shall designate the time, date, location and agenda for the meeting. Any member wishing to 6 place an item on the agenda shall contact the Chairman of the Board of Directors. The Chairman shall then place the item on the agenda. ARTICLE VI. COMMITTEES There shall be standing committees within the Downtown Redlands Business Improvement District on an as needed basis. Chairmen of standing committees shall be appointed by the Chairman of the Board to serve on such committees during the same term of office as the Chairman of the Board, such appointments to be ratifiedd by the Board of Directors. If at any time a committee chairman fails to fulfill designated duties, the Chairman of the Board may replace such committee chairman, or on the vote of the Board, the Chairman of the Board shall replace committee chairman, as directed. ARTICLE VII. ADMINISTRATOR The Board of Directors shall have the right to recommend to Council a person for employment in the position of Administrator of the Downtown Redlands Business Improvement District. The Administrator is charged with the responsibility of carrying out the executive and administrative functions and programs of the Business Improvement District in a proper, effective and efficient manner. The Administrator is directly responsible to the Board of Directors. ARTICLE VIII. ADMINISTRATIVE SERVICES The Board of Directors shall have the right to recommend that Council contract with any other business entity to provide administrative services to the Business Improvement District. Services to include, but are not limited to office space, telephone service, utilities, use of office furniture and equipment, message service, and other such items related to operation of a business office. ARTICLE IX. BUDGET Section 1. Fiscal Year: The fiscal year of the District shall begin on the first day of July in each year. Section 2. Budget: After determination of approximate estimated income, the Board shall approve an operating budget and submit it to the City Council for their approval. ARTICLE X. STANDING RULES Specific operating regulations necessary to carry out the meaning of these By Laws shall be provided for in Business Improvement District Standing Rules which shall be adopted by the Board of Directors. Standing Rules must be consistent with these By Laws, Redlands City Ordinance and California State Code. ARTICLE XI. AMENDMENTS The By Laws may be amended by a two-thirds affirmative vote of the Board of Directors at any regular meeting or special meeting called for that purpose. All changes to the By Laws shall be submitted to the members of the Business Improvement District for ratification. Duplicate copies of said amendments, accompanied by a letter stating the action taken shall be submitted to the Redlands City Council for adoption. 7 SECTION 11: PROPOSED TOWN CENTER CONTRACT DISSOLUTION The BID Board is proposing that the contract Agreement for Management Services between the BID and the Town Center division of the City of Redlands Redevelopment Agency be eliminated. They further recommend that the BID Advisory Board function the same as other City boards and commissions, with appointed staff and no charges for administrative services. Failing this, the Board requests authorization to put the Agreement for Management Services contract to bid. After reviewing proposals and bids for management services, the Board will make a recommendation to Council to award the contract. A copy of the draft Agreement for Management Services submitted to the BID Board by Town Center staff follows. The services have not changed, however, financial adjustments have been to reflect changes in costs due to inflation and/or city policy. Review of the agreement will enable city officials to examine the services currently provided. DRAFT AGREEMENT FOR MANAGEMENT SERVICES This Agreement is made this I st day of July, 1992, by and between the DOWNTOWN REDLANDS BUSINESS IMPROVEMENT DISTRICT OF THE CITY OF REDLANDS, hereinafter referred to as "BID," Town Center, a division of the REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, hereinafter referred to as "Town Center," and the CITY OF REDLANDS, hereinafter referred to as "City." RECITALS WHEREAS,pursuant to the Parking and Business Improvement Area Law of 1965, the City of Redlands has established the Downtown Redlands Business Improvement District to promote and market businesses within the downtown Redlands area; and WHEREAS, the City Council of the City of Redlands has delegated to the Board of Directors of the BID the task and responsibility of expending funds of the BID; and WHEREAS,the boundaries of the BID lie wholly within the boundaries of the Town Center Division of the Redevelopment Agency, a division established for the purpose of promoting and marketing businesses within certain specified areas of the City of Redlands; and WHEREAS, the BID and Town Center desire to avoid wasteful duplication of effort, time and expense and the potential for conflict in pursuing their purposes by closely coordinating the conducting of promotional and marketing programs and the expenditure of their funds within their respective boundaries; and NOW,THEREFORE, in consideration of the mutual covenants contained herein, the Downtown Redlands Business Improvement District, the Town Center Division of the Redevelopment Agency and the City of Redlands hereby agree as follows: 8 AGREEMENT 1. Term, This Agreement shall be effective on the date first written above, and shall continue for a term of one year from and after that date. 2. Serviges. Town Center agrees to perform the management services specified in the "Description of Services" attached to this Agreement as Exhibit "A" and incorporated herein by reference. 3. Expenditure of BID Funds. All BID funds shall be expended by Town Center in connection with the performance of services under this Agreement solely within the boundaries of the BID. 4. Assistance. Town Center may, at Town Center's own expense, employ such persons as Town Center deems necessary to perform the services required by this Agreement. BID shall not control, direct or supervise Town Center's employees in the performance of those services. 5. Compensation. 1n consideration for the services to be performed by Town Center, BID agrees to pay to Town Center the sum of eight thousand two hundred dollars ($8,200) in accordance with the compensation schedule attached hereto as Exhibit "B." 6. Materials nd Supplio,. Town Center shall supply all personnel, materials, instrumentalities and supplies required to perform the services under this Agreement. 7. Conduct of Programs. Any program proposed or conducted by Town Center under this Agreement may be terminated by BID upon thirty (30) days written notice, without affecting this Agreement or any other program conducted or proposed under it. 8. Cooperation of BID. BID agrees to comply with all reasonable requests of Town Center and provide access to all documents reasonably necessary to the performance of Town Center's duties under this Agreement. 9. TTermination. Notwithstanding any other provision of this Agreement, either party hereto may terminate this Agreement at any time by giving thirty (30) days written notice to the other party; provided, BID however, shall promptly pay for any and all commitments made on its behalf prior to the termination of this Agreement. 10. Notices. Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing hereafter, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of the date of mailing. 11. Entire Agreement. This Agreement represents the entire agreement of the parties hereto as to the matters contained herein and supersedes any and all prior agreements,either oral or written. 12. _Attorney5Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any other costs and relief, be entitled to its reasonable attorney's fees. 9 DESCRIPTION OF SERVICES ITEM 1. Total services provided by Town Center, and purchased by the BID, shall not exceed Forty Thousand dollars ($40,000) per year. Of this total, an amount not to exceed Sixteen Thousand Seven Hundred dollars ($16,700) shall be designated for administrative and operational expenses and services. The balance of Twenty three Thousand Three Hundred ($23,300) shall be applied toward marketing and promotional expenses and services. ITEM 2. The services provided by Town Center shall be in accordance with the goals and objectives determined by the BID Board of Directors. The President of the BID Board of Directors shall provide any necessary instruction and direction required by Town Center in order to accomplish the desired results. EMM 3. Town Center shall provide the following services: A) Management and staff to maintain operational and administrative functions. This includes, but is not limited to: Correspondence, telephone inquiries, office hours and policy, financial statements, inventory, and representation at meetings. B) Service as liaison between the BID, City of Redlands and other community organizations. C) Maintain communication downtown between the board of directors, general members, and other entities through the use of personal visits, newsletters and press releases. D) Maintain a promotional focus which will increase the visibility of the retail and professional sectors downtown, and demonstrate the indirect benefits of promotional activities to BID members. E) Provide a complete calendar of events. This calendar shall be determined by the BID board of directors, and shall be submitted with a proposed budget. The BID shall be named as a sponsor in all activities receiving financial support and/or activities that require BID representation through an organized committee effort. F) Special projects may be included at the request of the BID board of directors.These requests shall be approved by the Town Center Advisory Commission, and shall require additional payment for services. Examples of special projects are: assessment and boundary changes, brochures, information packets, business recruitment,parking, and items requiring action by the Redlands City Council. 10