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HomeMy WebLinkAbout08/29/2000, Communications K-ANG AGENDA iui�ullllllillllll��� ������I DATE 9-0-w ITEM # Comm COUNCIL • pCOONCIL ❑CDD DIR MEMORANDUM ��° ❑FIN DIR 5 ICAO ❑FIRE CHIEF C�ATIDRNEY 'PIN DIR (etCERKIORIG ❑POLICE CHF August 25, 2000 g � ,T - ❑urn DIR In ❑PERS DIR TO: City Council ✓boG4h! ✓ J. VanJMF;k r VIA: John Dunn, City Administrative Off r Michael McCluskey, Director of Pub is Works FROM: Jeff van den Eikhof, Civil Engineer SUBJECT: Higuera Bridge Reconstruction Project This memorandum is in response to Councilman Dave Romero's request for information regarding the Higuera Street Bridge Reconstruction project. The following is an outline of activities that have been completed to date: • Installation and maintenance of the diversion structure — The creek diversion structure has been installed and is being maintained to control leaking. The City has allowed the Contractor to pump excess water directly into the sanitary sewer to help prevent another contamination of the creek. O '7 UJ "" • Drilling and Grouting Operations — The project involves drilling through the existing wall LLa L•^. cv into the bedrock, placing anchors, and grouting the anchors and wall into place. Most of LU the drilling and grouting operations are nearing completion. All should be completed by ir Q 0 September 1, 2000 except the portion directly in front of the Thai Classic restaurant, in � the current travel way, • Bridge Deck Removal— On August 10, the Contractor started removing bridge deck, next to Mo's BBQ. To date, approximately 20 percent of the bridge deck has been removed. The cap beam is currently being formed adjacent to Mo's, and the Contractor anticipates pouring concrete by the end of next week. The cap beam must cure a minimum of 10 days prior to stressing and adding pre-cast deck panels. Items that have delayed the project: • On July 6, 2000, Madonna Construction inadvertently pumped grout into San Luis Obispo Creek. As a result, all work was halted until the Contractor complied with requirements of the Regional Water Quality Control Board. Drilling resumed on July 11th, and grouting resumed on July 201. • The drilling procedures have taken longer than originally scheduled. In response, the Contractor's drilling subcontractor added another drilling crew and has been working extended hours. • Failed test anchors. Several anchors failed the test load that was placed on them. Upoe recommendation of the consulting engineer, the drilling and grouting procedures were modified. The nine anchors that had failed were redrilled, further delaying bridge deck removal. • Bridge deck removal taking longer than the Contractor anticipated. The Contractor has been working a single crew, and leaving the jobsite by 4:00 p.m., on most days. The contract allows work until 10:00 p.m. What measures the Contractor plans to implement to bring the project back on schedule: • The City has requested a revised project schedule showing the critical path items and how the Contractor anticipates meeting all of the project requirements. The City should receive the revised schedule by August 281. • Addition of a second crew. As soon as the Contractor's drilling subcontractor has completed drilling, grouting, and testing all of the anchors (approximately September 151), the Contractor intends to start a second crew working the section in front of Woodstock's. Measures City Staff are pursuing to insure the project meets the required deadlines: • City Staff has requested revised schedules from the Contractor after each incident tho delayed the project. • Staff has reminded the Contractor in writing and verbally of the importance of completing the project on schedule. • Staff and the Contractor have been attending weekly meetings with the downtown business owners to discuss the project and the timeline. During the meeting the Contractor is often reminded about the importance of completing the project on schedule. Despite Staff's persistence in hying to maintain the project schedule, the ultimate responsibility remains with the Contractor. The City cannot legally direct the Contractor's work, or enforce work schedules. Incentives have been included in the contract to reward the Contractor for early completion, and penalties can be assessed if the project is not completed on schedule. Other than these monetary incentives and penalties, City Staff has tittle control on the overall project schedule. Public Works staff and hopefully the contractor will be available at the September 5, 2000 Council meeting to give an update on project progress and any changes to the time schedule. • MEETING AGEND communIcatIonT ITEM #` : =77 7:nIL is August 21, 2000 '0 TO: Council Colleagues D _.:.AT,EAM ❑r a ❑ UT1L r /J ❑PERS DIR FROM: Dave Romero 5 5+W),.rwCk, SUBJECT: Higuera Street Bridge Project When the Higuera Street Bridge Project was approved, staff recommended, and the Council approved, $20,000 for marketing to ease some of the detrimental effects on downtown businesses during construction. Although the $20,000 was twice what the City has spent on previous projects, there was little analysis of whether that is a sufficient sum to conduct an effective program for this project. At$2 million, this project is much more costly than previous projects in the public right-of-way. By its nature, it is very disruptive to that entire area of town, and the project will extend over six months. The most disruptive part of the project will occur soon as road closures are made at Osos Street and on Higuera at Thai Classic. I now believe we designated an insufficient amount of funds for the marketing program. The project has certain construction deadlines, which if not met, will have serious detrimental effects on downtown. If the contractor is not out of the creek by November 1st, or the first'rains, the creek portions of the project must be shut down until spring. If the contractor is not finished with all work, including bridge, sewer line, sidewalk bulbouts, repaving and reconfiguration of the parking lot by Thanksgiving, we face serious disruptions for traffic and parking during our busiest shopping season. I have been somewhat surprised by the leisurely pace of the work to date. I expected the contractor to "make hay while the sun shines," and put in long hours each day and Saturdays to get ahead of schedule during this good working weather. If we have early rains or if there is some unforeseen glitch on the job, the contractor may not be able to finish the job by the critical times—with major discomfort for us all. If the Council shares my concerns, I request the following: 1. Direct staff to revisit the marketing budget for the project, and 2. Review the construction progress on the job to determine if critical completion deadlines will be met with an adequate safety factor. Since both matters are of a critical nature. I suggest the staff report back at the September 5, 2000 meeting. DR:ss R MtETIN z -oc AGENDA RECEIVED DATE $_=._.MAil__-w AUG 2 2000 JAMES P SARGEN 570 Marsh Street E.MCAO D DIR SLO CITY COUNCIL San Luis Obispo, CA 93401 ❑FIN DIR 805-781-3838 ❑FIRE CHIEF ❑PW DIR osargen0trianinvestments.com ❑POLICE CHF❑REC DIR❑UTIL DIR13 PERS DIR August 28, 2000 R Ndllef ✓ 5.5+a w yr- Mayor cMayor Allen Settle and Members of the City Council RECEIVED City Hall San Luis Obispo. CA 93401 AUG 2 9 2000 Dear Mayor and Members of the Council" SLO CITE' CLERK For the past two years my wife and I have attended the National Town Meeting on Main Street sponsored by the Trust for Historic Preservation. These have been two exciting years for Downtown San Luis Obispo. With the award from the National Town Meeting in 1999 and other more recent recognition, San Luis Obispo and its Downtown has become a national showcase. The two meetings I attended gave me the opportunity to interact with representatives of downtowns across America. Many of these representatives told stories of the deterioration of their downtown and the heroic and expensive efforts that were needed revive them. The fact is that when you loose your downtown, for whatever reason, it is extremely hard to bring it back. We have good examples of this in our own backyard. Santa Maria created a redevelopment project designed to bring new life into the center of their downtown, the Santa Maria Town Center. Today, that center is into its third ownership and awash in vacancies. At the same time the City continues to approve new retail projects, even though a large percentage of its older strip malls are vacant or occupied by secondary uses. Contrast this with Santa Barbara's downtown renewal. Over the years Santa Barbara's downtown was going no where. Then the City of Santa Barbara undertook the revitalization of its downtown with an infill urban downtown shopping center. This project has produced the desired result. The success of the downtown revitalization has resulted in reduced commercial and retail sprawl. The City of Atascadero has just created a downtown district like our Downtown Association and will undertake an effort to restore the downtown. Meanwhile the City is continuing to approve new retail developments at either end of EI Camino Real that contribute to the pull away from the center of the community. There are many other examples of cities attempting to bring back a declining City Center. In San Luis Obispo, this has not been the case. Twenty-five years ago the City, the property owners and merchants of the Downtown agreed to create the Downtown Association. Over the years, this self-financed association has actively promoted a healthy downtown. The Thursday Farmer's Market is familiar to people who have visited San Luis Obispo from all over the globe. The National Town Meeting Award was given as recognition that San Luis Obispo has found a way to avoid the problems that are faced by many other downtown's across the country. This success just did not happen. It is the product of hard work and community pride. Local residents and visitors alike, enjoy our downtown. They like the small town scale, the tranquility of Mission Plaza and the creek walk. The Downtown Association has focused its efforts on building on the things that make downtown attractive. The forthcoming strategic plan is a means of identifying the critical tasks that need to be accomplished to insure the downtown's continued success. Our downtown is a city center in a continuous state of renewal. Downtown has evolved over the years and will to continue to evolve. Projects such as the current Copeland project will present new opportunities and challenges. With this Will be a continuous change of uses reflecting the changes that are occurring in our society. The City is also fortunate to have a guide to the future; the Downtown Concept Plan, which provides an excellent framework for the future evolution of the Downtown. One major concern is that there are people who are not content with this success. They propose a series of measures that can have a dramatic and potentially damaging effect on the downtown. These people have no practical experience in commercial retail, nor have they any financial exposure or risk if their proposals are implemented and are not successful. They expect other people, the owners of the multitude of small businesses that are the heart of the downtown to bear all of the financial risk. San Luis Obispo is a difficult place in which to do business. Rent and other charges are high, shopping population is not large and spread over a large area, and downtown business people are facing increasing competition from large national and regional chains, who can spread costs over a number of units. f The downtown's small businesses people have risked, in many cases, their entire net worth and many work for little more than wages. Yet they provide the variety and personality that allows our downtown to stand out from the plethora of retail outlets that are sprouting up throughout our county and northern Santa Barbara county. To say the least, our area is becoming heavily over retailed. A bigger problem is that much of this retail is similar in the products and services that they provide. It would not be as big a problem if these new projects offered products and services not commonly found in our area. Many of the critics focus on parking. They talk about the fact that downtown San Luis Obispo is not pedestrian friendly. Not surprising, when this City is way behind in replacing small inefficient surface parking lots, with multi-level parking structures located at key access points to the downtown, serving as interceptors to arriving vehicles. Circling for parking contributes heavily to downtown traffic. When it comes to parking, if competitors located in centers or strip malls have an abundance of close in free parking, then the downtown must at the least, have adequate and well located parking garages. Inadequate and from a public perception, poorly located parking, will in the end tip the balance in favor of the retail center or strip mall. Some people have encouraged the City to look to alternatives to the auto and the Downtown Association has agreed that the City needs to look at alternatives. But there are limitations to many alternatives that larger communities have relied on. We fortunately live in an area where population is concentrated in a number of small communities that are well separated from other communities. Wonderful, but a real problem when trying to create a mass transit system that will compete with the auto. We have neither the population nor the critical mass to effect a system much more effective than the present one, unless we are willing to spend a "lot" more money. Ideas like car-pooling work best with business or organizations with large pools of workers. In our downtown the two dominant worker groups are the City and County. These two organizations have the size of workforce large enough to establish the program and serve as examples to other smaller organizations in the City. Cities like Santa Barbara, Monterey, Salinas connect parking and mass transit. In each instance, the transit center and parking are convenient to the City Center. Some commercial centers provide loaner bikes or golf cart sized r vehicles for local movement. It is an ingrained characteristic of the people of our region, where population is small and distances are great, that the auto, is by far the number one favored method of transit. To deny this fact is to fly in the face of reality. San Luis Obispo is to small and the costs to many local businesses people to great to experiment with denying access or parking to workers or visitors to the downtown. I urge the Council to tread carefully when it comes to tinkering with the Downtown. Many other cities have experimented and often the result is not success. This City has recent history in becoming involved in planning the Central Coast Mall. Poor decisions by the City in concert with an inexperienced developer resulted in an enclosed mall anchored by one major department store and a hotel. The result of that failed policy is a demolished center and a new strip mall now under construction. The Downtown Association has been an effective force for our Downtown. The Council should continue to support the Association and work with the representatives of the Downtown to foster policies that will continue to enhance the Downtown. Yours truly, James P. Sargen MEETIAGENDA DATE V-21"—ITEM IIIIIIIIIIIIIII����Illlll V�� MEMORANDUM From the Office of the City Attorney August 29, 2000 RECEIVED To: Councilwoman Marx AUG 2 9 2000 From: Jeff Jorgensen, City Attorney S L O CITY CLERK Subject: Downtown Association As you requested, attached is the following background material concerning the creation of the Downtown Association: 1. The current San Luis Obispo Municipal Code Chapter 12.36; 2. Ordinance No. 1334,changing the name from the BIA to the DA; 3. Ordinance No. 649, initially establishing the BIA as Municipal Code§ 6101, et seq. 4. Resolution No. 2879, a resolution of intention to establish the BIA; 5. Streets and Highways Code§36000,et seq., which was the law in effect at the time the BIA was initially established; 6. Streets and Highways Code § 36500, et seq., which was adopted in 1989, and superseded the prior law but"grandfathered in"BIA's established prior to January 1, 1990. JGJ/sw attach. c: City Council John Dunn PCOUNCIL DD DIR 0 ❑FIN DIR Ken Hampian CAO ❑FIRE CHIEF Deborah Holley WftORNEY ❑PW DIR Gi'drERK10R10 ❑POLICE CHF O f MT TE ❑REC DIR ❑UTIL DIR ❑PERS DIR D. 1-611 ey 12.32.120-12.36.010 1232.120 Street name signs. interpret these regulations, subject to appeal to A. Responsibility. The city must provide the planning commission. name signs for all streets within its jurisdiction, B. Approval. All street names must be excepted as noted in subsections C and D of this approved by, and address numbers determined section. by the community development department. B. Criteria. C. Street Name Signs.Street name signs along 1. Every intersection must have signs naming publicly maintained streets must be installed and all the intersecting streets. The number of signs maintained by the public services department, required will be determined by the public ser- except as noted in subsections C and D of Section vices department. 12.32.120.(Ord.919§ I(part), 1982:priorcode§ 2. Street name signs must be clearly visible to 9961) passing motorists and pedestrians. 3. Letters and numbers on street signs must 1232.140 Enforcement. contrast with the background color and must be The community development department is large enough to be easily read from the sidewalk responsible for enforcing these regulations.(Ord. or a vehicle on the street. 919 § 1 (part), 1982: prior code§9962) 4. Placement must clearly indicate which streets correspond to the names. 5. The signs must meet the minimum stan- Chapter 1236 dards of the public services department. C. Signs for Streets Created by Division of DOWNTOWN PARKING AND Land. BUSINESS IMPROVEMENT AREA 1. The subdivider must provide street name signs for all intersections created by a land Sections. division. 1236.010 Establishment. 2. The signs must meet the criteria stated in 1236.020 Boundaries. subsection B of this section. 1236.030 Tax—Imposed. 3. Placement must be determined by the city 1236.040 Tax—Amount. engineer. 1236.050 Tax—Use of revenues. 4. After acceptance of the streets, the signs 1236.060 Tax—Collection. must be maintained by the public services 1236.070 Findings and determinations. department. 1236.080 Advisory board— D. Signs for Private Streets. Appointment—Terms. 1. Property owners may be required to install 1236.090 Council's authority to enter into and maintain permanent street signs for private annual agreements for revenue streets. expenditures. 2. If signs are required, property owners may 1236.100 Exemptions—Contributions choose the design, size and material, as long as from exempt persons welcome. they meet the criteria specified in subsection B of 1236.110 Effective date. this section.(Ord.919§ 1 (part), 1982:priorcode §9960) 1236.010 Establishment. There is hereby created and established the 1232.130 Administration. downtown parking and business improvement A. Authority. The community development Area. (Prior code§6101(a)) department has sole authority to administer and 256 12.36.020-12.36.080 1236.020 Boundaries. D. Furnishing of approved music in any public The boundaries of the area are generally shown on place in the area; Exhibit A map attached to the ordinance codified in E. The general promotion of retail trade activities this chapter and on file in the office of the city clerk, in the area. (Prior code§ 6101(e)) and are more specifically described as follows: 1236.060 Tax—Collection. From Santa Rosa Street along Palm Street to The collection of the additional tax imposed in Broad Street, Broad to Monterey, Monterey to this chapter shall be made at the same time and in the Nipomo, Nipomo to San Luis Creek, San Luis same manner as any other city business license tax; Creek to a point where Beach Street would inter- provided, however, that the tax imposed herein for sect, from this intersection point to Beach and the retraining portion of the 1975-76 fiscal year shall Marsh,Marsh to Nipomo,Nipomo to Pacific,Pa- be due and payable in full within fifteen days after cific to Santa Rosa, Santa Rosa to Palm. the city mails notice of the amount of tax to be paid for said fiscal year.(Prior code § 6101(f)) The area shall include the businesses fronting on both sides of the boundary streets listed in the pre- 1236.070 Findings and determinations. ceding paragraph,and at all four corners of the in- This council finds and determines that parking tersections of the boundary streets listed in the and other deficiencies are so general in the down- preceding paragraph, except that it shall not in- town section of the city, and that the size of the new clude the northwesterly comer of Monterey and area is so small, that each business in the area will Nipomo Streets. benefit from expenditures for parking facilities sub- (Prior code§ 6101(b)) stantially in proportion to the amount of additional taxes levied upon all businesses. (Streets and High- 1236.030 Tax—Imposed. ways Code § 36062.)(Prior code § 6101(g)) Each and every business in the downtown parking and business improvement area shall be subject to, 1236.080 Advisory board—Appointment— and shall pay, a new, separate and additional tax to Terms. support the activities of the area,except as otherwise A. An advisory board of eleven representatives provided in Section 12.36.100. (Prior code from among those who have businesses in the area § 6101(c)) and who are subject o the tax shall be appointed by the council in accordance with standard city proce- 1236.040 Tax—Amount. dures to advise and recommend to the council the The amount of additional tax to be paid by each methods and ways in which the revenues derived business annually shall be one hundred percent of the from the additional tax shall be expended. Each business license taxes levied upon the business by board member shall serve for a period of two years; the city. (Prior code § 6101(d)) provided, that five of the first members appointed shall be appointed to initial one-year terms;and pro- 1236.050 Tax—Use of revenues. vided further,that any member may be removed and The only uses for which the tax revenue from the replaced by the council at any time after hearing the area shall be expended are: recommendations and advice of the advisory board. A. The acquisition, construction or maintenance B. A nominating committee of five members will of parking facilities for the benefit of the area; pro- be appointed by the existing downtown association vided, that the facilities shall not impair the city's from licensed businesses within the improvement ability to produce revenues for the-payment of park- area. This committee will prepare a list of twenty- ing district No. 1 obligations; two nominees and hold a ballot within the area, and B. Decoration of any public place in the area; therefrom submit the fifteen nominees receiving the C. Promotion of public events which are to take highest vote totals from which eleven will be ap- place on or in public places in the area; pointed to the board by the council.The board's-first 257 (San t..uis Obispo 6-98) 12.36.090-12.38.020 order of business shall be to establish bylaws for its 1238.090 Landscaping standards. operation, subject to approval of the bylaws by the 12.38.100 Handicapped parking council. standards. C. The advisory board shall be named the San 12.38.110 Driveway and driveway ramp Luis Obispo Downtown Association, or such other standards. name as may be approved by the city council. (Ord. 1238.120 Turnaround standards. 1334 § 1, 1998;prior code§ 6101(h)) 12.38.130 Signing standards. 1238.140 Parking lot maintenance. 1236.090 Council's authority to enter into 1238.150 Temporary parking lots. annual agreements for revenue 1238.160 Common-access driveways. expenditures. The council shall have authority to enter into an- 1238.010 General. nual agreements with nonprofit business promo- Driveways, driveway ramps, parking stalls and tional groups or organizations serving the area which aisles, including pavement, drainage, landscaping, authorize the groups or organizations to expend area screen fencing and lighting, shall conform to these revenues in accordance with city budgetary and ac- standards and all requirements of the Municipal counting procedures. (Prior code § 6101(i)) Code.All spaces and driveways must be designed to function properly. City inspection is required at ap- 1236.100 , Exemptions--Contributions from propriate times to ensure that all specifications are exempt persons welcome. met. (Ord. 1156 §3 (1)Ex.A(A), 1990) Any business, person or institution in the area which is exempt from the payment of the business li- 1238.020 Parking lots—permits. cense tax of the city by reason of the provisions of A. If the parking lot is not a.part of a larger the United States or California State Constitutions is project, the builder shall obtain a parking lot permit not to be taxed,but may make a voluntary contribu- from the community development department prior tion to the city to be expended only for authorized ex- to constructing a new or modifying an existing park- penditures of the area. (Prior code § 6101(j)), ing lot.To obtain a permit,a plan for the project must be submitted to the community development depart- 1236.110 Effective date. ment. The additional tax imposed by this chapter shall B. Any restriping or improvements, other than become effective on December 1, 1975. (Prior code for maintenance purposes, to a parking lot §6101(k)) Chapter 1238 PARIQNG AND DRNEWAY STANDARDS Sections: 1238.010 General. 1238.020 Parking lots—Permits. 1238.030 Parking lots—Plans. 1238.040 Pavement standards. 1238.050 Geometrics and design standards. 12.38.060 Slope standards. 1238.070 Loading zone standards. 1238.080 Screening standards. (San Luis Obispo 698) 258 ORDINANCE NO. 1334 (1998 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 1236,THE SAN LUIS OBISPO DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ORDINANCE,ADDING SECITON 12.36.080C BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 12.36.080 of the San Luis Obispo Municipal Code is hereby amended by adding the following Subsection: "C. The advisory board shall be named the San Luis Obispo Downtown Association, or such other name as may be approved by the City Council." SECTION 2. A summary of this ordinance,together with the names of council members voting for and against, shall be published at least five (5)days prior to its final passage,in the Telegram-Tribune,a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30)days after its final passage. Introduced and passed to print by the Council of the City of San Luis Obispo at its meeting held on the 17th day of March, 1998, on motion of Council Member Roalman, seconded by Council Member Williams and on the following roll call vote: AYES: Council Member Roalman, Williams, Romero, Smith and Mayor Settle NOES: None ABSENT: None Mayor Allen . Settle ATTEST: 7 onnie L. G ity Cl APPROVED: �ty o y o1334 Ordinance No. 1334 (1998 Series) FINALLY PASSED this 7th day of April, 1998, on motion of Council Member Smith, seconded by Council Member Romero, and on the following roll call vote: AYES: Council Members Smith, Roalman, Romero and Mayor Settle NOES: None ABSENT: Council Member Dodie Williams Mayor Allen K. Se e ATTEST: �syscU /Pl ty Clerk B ie . Ga ORDINANCE NO. 649 (1975 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA. WHEREAS, on September 21 1975, this Council adopted Resolution No. 2879 , entitled, "A RESOLUTION OF INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA WITHIN THE DOWNTOWN SECTION OF THE CITY OF SAN LUIS OBISPO AND SETTING A HEARING DATE THEREFOR" , and WHEREAS, at 7 :00 P. M. , October 61 1975, this Council held a duly noticed public hearing at City Hall pursuant to Resolution No. 2879 to consider the establishment of a Parking and Business Improvement Area within the portions of the downtown business district described in Resolution No. 2879;. and WHEREAS , this Council finds that there was no majority protest at said hearing to the formation of said Area; and WHEREAS, this Council finds that the public interest would be served by the formation of such an Area within the boundaries proposed in Resolution No. 2879. NOW, .THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Municipal Code of the City of San Luis Obispo is hereby amended by adding Municipal Code Section 6101 to Article VI, Chapter I (Business Licenses) as follows: Ordinance No. 649 2 ( 75 Series) Section 6101. Downtown Parking and Business Improvement Area. (a) There is hereby created and established the Downtown Parking and Business Improvement Area. (b) The boundaries of said Area are generally shown on Exhibit "A" map attached hereto, and are more specifically described as follows : From Santa Rosa Street along Palm Street to Broad Street, Broad to Monterey, Monterey to Nipomo, Nipomo to San Luis Creek, San Luis Creek to a point where Beach Street would intersect, from this inter- section point to Beach and Marsh, Marsh to Nipomo, Nipomo to Pacific, Pacific to Santa Rosa, Santa Rosa to Palm. The area shall include the businesses fronting on both sides of the boundary streets listed above, and at all four corners of the intersections of said boundary street listed above, except that it shall not include the northwesterly corner of Monterey and Nipomo Streets. (c) Each and every business in the Downtown Parking and Business Improvement Area shall be subject to, and shall pay, a new, separate and additional tax to support the activities of the Area, except as otherwise provided in subsection (j) . (d) The amount of additional tax to be paid by each business annually shall be one-hundred percent (100%) of the business. license taxes levied upon said business by the City of San Luis Obispo. Ordinance No. 649 3 ( 15 Series) (e) The only uses for which the tax revenue from said Area shall be expended are: (1) The acquisition, construction or maintenance of parking facilities for the benefit of the Area, provided that said facilities shall not impair the City's ability to produce revenues for the payment of Parking District No. 1 obligations. (2) Decoration of any public place in the Area. (3) Promotion of public events which are to take place on or in public places in the Area. (4) Furnishing of approved music in any public place in the Area. (5) The general promotion of retail trade activities in the Area. (f) The collection of the additional tax imposed herein shall be made at the same time and in the same manner as any other City business license tax; provided, however, that the tax imposed herein for the remaining portion of the 1975-76 fiscal year shall be due and payable in full within 15 days after the City mails notice of the amount of tax to be paid for said fiscal year. (g) This Council finds and determines that parking and other deficiencies are so general in the downtown section of the. City, and that the size of the new Area is so small, that each business in the Area will benefit from expenditures for parking facilities substantially in proportion to the amount of additional taxes levied upon all businesses. (Streets & Highways Code §36062.) Ordinance No.- 649 4 ( 75 Series) (h) An Advisory Board of eleven (11) representatives from among those who have businesses in the Area and who are subject to the tax shall be appointed by the City Council in accordance with standard City procedures to advise and recommend to the Council the methods and ways in which the revenues derived from the additional tax shall be expended. Each Board member shall serve for a period of two (2) years , provided that five (5) of the first members appointed shall be appointed to initial one- year terms, and provided further that any member may be removed and replaced by the Council at any time after hearing the recommendations and advice of the Advisory Board. A nominating committee of five (5) members will be appointed by the existing Downtown Association from the licensed businesses within the Improvement Area. This committee will prepare a list of twenty-two (22) nominees and hold a ballot within the Area, and therefrom submit the fifteen (15) nominees receiving the highest vote totals from which eleven (11) will be appointed to the Board by the City Council. The Board's first order of business shall be to establish by-laws for its operation, subject to approval of said by-laws by the City Council. (i) The Council shall have full authority to enter into annual agreements with non-profit business promotional groups or organizations serving the Area which authorize said groups or organizations to expend Area revenues in accordance with City budgetary and accounting procedures. (j) Any business , person, or institution in the Area which is exempt from the payment of the business license tax of the City by reason of the provisions of the United States or Ordinance No. 649 5 ( /5 Series) California State Constitutions is not to be taxed, but may make a voluntary contribution to the City to be expended only for authorized expenditures of the Area. (k) The additional tax imposed by this section shall become effective on December 1, 1975. SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram-Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting thereof held on the 6th day of October, 1975, on motion of Councilman Gurnee, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: t C erk FINALLY PASSED this 27th day of October , 19 7$ , by the following roll call vote : AYES : Councilman Graham, Norris, Petterson, Gurnee and Mayor Schwartz NOES : None ABSENT: None YOR KENNETH E. SCHWARTZ ATTEST: CLERK J.H. FITZPATRICK Cu ZnQKTLNT � `� 3 s edI ® I El ML E3m s o • „ E! a�ioi� mylls 00" — __ �n - — �r7 Q ou im 11:3 -�t M- -T, - 7� � I ®IFIII i ® ISI d1"- ct .` �� rr EXHIBIT A RESC._ .TION NO. 2879 (1975 Seriea, A RESOLUTION OF INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA WITHIN THE DOWNTOWN SECTION OF THE CITY OF SAN LUIS OBISPO AND SETTING A HEARING DATE THEREFOR. WHEREAS , the Downtown Association has requested this Council to consider the establishment of a Parking and Business Improvement Area within the downtown section of the City of San Luis Obispo pursuant to the provisions of California Streets and Highways Code Sections 36000 et seq. (Statutes 1965, Ch. 241, A.B. 103) . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The City of San Luis Obispo intends to establish a Parking and Business Improvement Area in the downtown section of the City pursuant to the provisions of California Streets and Highways .Code Sections 36000 'et seq. (a) The boundaries of said proposed area are generally shown on Exhibit "A" map attached hereto, and are more specifically described as follows: From Santa Rosa Street along Palm Street to Broad Street, Broad to Monterey, Monterey to Nipomo, Nipomo to San Luis Creek, San Luis Creek to a point where Beach Street would intersect, from this inter- section point to Beach and Marsh, Marsh to Nipomo, Nipomo to Pacific, Pacific to Santa Rosa, Santa Rosa to Palm. The area shall include the businesses fronting on both sides of the boundary streets listed above, and at all four corners of the intersections of said boundary streets listed above, except R 2879 Resolution No. 20 2 75 Series) � that it shall not include the northwesterly corner of Monterey and Nipomo Streets. (b) The Council will hold a public hearing at 7_00 P. M. , Monday, October, 1975, in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, California, to consider the establish- ment of said area. (c) The proposed uses for which the proposed tax revenue from said area shall be expended are: (1) The acquisition, construction or main- tenance of parking facilities for the benefit of the area, provided that said facilities shall not impair the City' s ability to produce revenues for the payment of Parking District No. 1 obli- gations. (2) Decoration of any public place in the area. (3) Promotion of public events which are to take place on or in public places in the area. (4) Furnishing of music in any public place in the area. (5) The general promotion of retail trade activities in the area. (d) - Said proposed tax revenue will be derived from a one-hundred percent (100%) increase in the City' s business license tax for all licensed businesses in said area. ti 1 . Resolution No. 20 3 _975 Series) 2. The City Clerk is directed to publish and mail notice of the above scheduled public hearing pursuant to the provisions of Streets and Highways Code Section 36022. On motion of Councilman Gurnee, seconded by Councilman . Petterson, and on the following roll call vote: AYES : Councilmen Graham, Gurnee, Norris , Petterson and Mayor Schwartz NOES : None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of September, 1975. Mayor ATTEST: ty lerk _ Mimi I Mimi -'T ■ an, I ■ I ■ I - 4 OwlLl OA >0coo ■ Ln ■ _ N -- _ n `' -- �aI ■ I ■ I 1 ■ I �f y-�cni �r Ismo � II . l EXHIBIT n rr A r 1 ' Part 5 PARKING AND BUSINESS ITUROVEMENT AREA LAW OF 1965 Chapter Section 1. General -------------------------------------------------------36000 2. Establishment -------------------------------------------------36020 3. Classification of Businesses36040 4. Taxation ------------------------------------------------------36060 5. Disestablishment ---36080 Part 5 was added by Stats.1965, c. 241, P. 1227, § 1, I; I eff•May 10,1965. Chapter 1 I GENERAL Sec. 36000. Purpose of part. 36001. "Parking and business improvement area"or"area"defined. 36002. "Business" defined. 36003. Discretion of council as to use of revenue; advisory boards or commissions. 36004. Liberal construction; partial invalidity. Chapter 1 was added by Stats.1965, c. 241, P. 1227, § 1, off.May 10.,1965. § 36000. Purpose of part The purpose of this part is to authorize cities to impose a tax on businesses within a parking and business improvement area which is in addition to the general business license tax, if any, in the city, and to use such proceeds for the following purposes: (a) The acquisition, construction or maintenance of parking fa- cilities for the benefit of the area (b) Decoration of any public place in the area (c) Promotion of public events which are to take place on or in public places in the area. (d) Furnishing of music in any public place in the area. (e) The general promotion of retail trade activities in the area. (Added by Stats.1965,a 241,p.1227, § 1,eff.May 10,1965.) 758 Pt. 5 PARKING AND BUSINESS IMPROVEMENT § 36004 'I Library References Municipal Corporations 0981 et seq. C.J.S. Municipal Corporations § 1992 et l l seq. I Notes of Decisions y u f. Construction and application Provision of a Los Angeles city charter amount of business done" limits the city I that "no discrimination in the amount of in passing ordinances pursuant to the license tax shall be made between persons pnrldng and business improvement area engaged in the same business, otherwise law, as found in 9 58000 et seq. 51 Ops. than by proportioning the tax to the Atty.Gen.99;5-31-C8. is § 36001. "Parking and business improvement area" or "area" defined "Parking and business improvement area" or "area" as used in this part means an area designated as provided in this part. (Added by Stats.1965,a 241,p.1228, §1,eff.May 10,1965.) Library References Words and Phrases (Perm.Ed.) § 36002. 'Business" defined i "Business" as used in this part means all types of business, in- 's eluding professions. i (Added by Stats.1965,c.241,p.1228, § 1,eff.May 10,1965.) Library References Words and Phrases (Perm.Ed.) I § 36003. Discretion of council as to use of revenue; advisory boards or commissions The city council shall have sole discretion as to how the revenue derived from the tax is to be used within the scope of the above pur- poses; however, the city council may appoint existing advisory !!! boards or commissions to make recommendations as to its use, or the I council may create a new advisory board or commission for the pur- pose. (Added by Stats.1965,c.241,p.1228, §1,eff.May 10,1965.) i § 36004. Liberal construction; partial invalidity This part is intended to be construed liberally and in the event any provision thereof should be held invalid, the remaining provisions shall remain in full force and effect. (Added by Stats.1965,c.241,p.122$, §1,eff.May 10,1965.) 759 r § KING Div. is 36020 PAR Chapter 2 ESTABLISHMENT See. 36020. Manner. I, 36021. Resolution of intend ublication contents- 36021. 36022. Notice of hearing; P protest; 36023. Hearing; protests; evidence; continuance; majority p I: termination of proceedings. 36024. Change of boundaries; continuance of hearing; notice. inance establishing proposed area; contents. ^ 36025. Benefit zones; establishment and modification; tax rate. 36025. Ord 36027. Procedure- Chapter 2 wadded by Stats.1965, C. 841,P. 1228, as elf.May 10.,1965. § 36020. Mme! be established as A parking and business improvement area may provided in this chapter- (Added by Stats.1965,c.241,p.'1228, Q 1,eff.May 10,1965•) Library References C.J.S. Municipal Corporations 1 1359 at Municipal Corporations e=4`•0(1)• seq. 4 § 3602.1. gesolntiou of intention; contents The city council shall adopt a resolution of intention own toonstablish an area. The resolution shall contain the followingPropsed area; (a) Description of the boundaries of then be held by the council to The time and place of a hearing ,. consider establishment of an area; (c) The proposed uses to which the proposed revenue shall be put; and of the license tax, with (d) The initial or additional rate or levy, :n a breakdown by of business if such classification is to be used. (Added by Stats.1965, c. 241, p• 1228, § 1, eff.May 10, 1965. Amend- nYti ed by Stats.1967, c. 1175) p. 2863, 1) Historical Note M_ The 1967 amendment in subparagraph tuted the words "the initial or additional (c) substituted the word --proposed" for rate or levy" for "the crease oe additional levy^.nitwl rate of in- the beginning additional preceding of subparagraph (d), substi- t Library References C.J.S. Dluuicipal Corporations g 1363 at Municipal Corporations @=450(4). seq. 760 I' I Pt. 5 PARKING AND BUSINESS IMPROVEMENT § 36024 Notes of Decisions 1. in general amount of business done" limits the city Provision of a Los Angeles city charter in passing ordinances pursuant to the that "no discrimination in the amount of license tax shall be made between persons parking and business improvement area hanby proportioning g business,tax otherwise the A ty .Geno99a5-31-G�� et seq. 51 Ops. I § 36022. Notice of hearing; publication; mailing Notice of a hearing held under Sections 36021, 36061 or 36080 i shall be given by: (a) One publication of the resolution of intention in a newspaper of general circulation in the city; and (b) Mailing a complete copy of the resolution of intention to + -each business in the proposed, or established, area. Publication and I �` mailing shall be completed at least 10 days prior to the time of the j - � i hearing. (Added by Stats.1965,c.241,p.1228, §1,eff.May 10,1965.) Cross References i -Publication in newspapers, see Government Code § 6000 et seq. § 36023. Hearing; protests; evidence; continuance; majority protest; termination of proceedings Whenever a hearing is held under this part, the city council shall hear all protests and receive evidence for or against the proposed ac- tion; the council shall also rule upon all protests which determination 1 ` shall be final; and the council may continue the hearing from time to i time. Proceedings shall terminate if protest is made by businesses in the proposed area which (1) pay a majority of the taxes within the area under the general business license tax, or (2) if there is no gen- eral business license tax, would pay a majority of the taxes within the area under the proposed tax. i (Added by Stats.1965, c. 241, p. 1228, § 1, eff. May 10, 1965. Amend- ed by Stats.1967, c. 1175, p. 2863, § 3.) i Historical Note it The 19G7 amendment added the second alternative in the second sentence. § 36024. Change of boundaries; continuance of hearing; notice If the council decides to change the boundaries of the proposed area,*the hearing shall be continued to a time at least 15 days after such decision and notice shall be given as prescribed in Section 36022, showing the boundary amendments, but no resolution of intention is I '' required. (Added by Stats.1965,c.241,p.1228, §1,eff.May 10,1965.) 761 f § 36024 PARKING ]Div. is Library References Municipal Corportions @=450(2). C.J.S. Municipal Corporations 11382 § 36025. Ordinance establishing proposed area; contents If the council, following the hearing, decides to establish the pro- posed area, it shall adopt an ordinance to that effecti. This ordinance shall contain the following information: (a) The number, date and title of the resolution of intention pursuant to which it was adopted; (b) The time and place the hearing was held concerning the for- mation of such area; •. (c) The description of the boundaries of such area; (d) A statement that the businesses in the area established by the ordinance shall be subject to the provisions of the tax or addition- al tax provided by this part; (e) The initial or additional rate or levy, of the license tax to be z° imposed with a breakdown by classification of business, if such classi- fication is used; and (f) A statement that a parking and business improvement area ! has been established. ;_ (g) The uses to which the revenue shall be put. (Added by Stats.1965, c. 241, p. 1229, § 1, eff. May 10, 1965. Amend- ed by Stats.1967, c. 1175, p. 2864, § 4.) < Historical Note i (: r; The 1987 amendment inserted the words the words "the initial or addition rate u ' "tax or" preceding the words "additional or levy" for the words "the initial rate of 4.: tsz" in subparagraph.(d), and,at the be- increase,or additionnllevy^. ginning of subparagraph (e), substituted Notes of Decisions i 1. in general charter amount of business done" ]units the city provision of a Los Angeles city that ,no discrimination in the amount of in passing ordinances pursuant to the `�. license tax shall be made between persona parking and business improvement area engaged in the same business, otherwise law, ns found in 1 56000 et seq. 51 Opa- than by proportioning the tax to the Atty.Gen.99,5418. § 36026. Benefit zones; establishment and modification; tan rate The city council may, for each of the purposes set out in section 36000, establish and modify one or more separate benefit zones based upon the degree of benefit derived from the purpose and may impose a different rate of tax within each such benefit zone. (Added by Stats-1967, c. 1175, p. 2864, § 5.) Library References Municipal Corporations e=428. O.J.S. Municipal Corporations 3 1347 et seq. 762 i i , M SPL 5 PARKING AND BUSINESS IMPROVEMENT § 36041 § 36027. Procedure All provisions of this part applicable to establishment or dises- tablishment of an area also apply to the establishment, modification, or disestablishment of benefit zones pursuant to Section 36026. The -establishment or the modification of any such zone shall follow the same procedure as provided for the establishment of a parking and i business improvement area and the disestablishment shall follow the i same procedure as provided for disestablishment of an area. (Added by Stats.1967, c. 1175, p. 2864, § 6.) ' i Chapter 3 CLASSIFICATION OF BUSINESSES See. i 36040. Reasonable classification; factors. 36041. Exemption of newly established businesses. Chapter 3 was added by Stats.1965, C. 211, p. 1229, § 1.. eff.May 10,1965. I U Cross References Business defined, see § 36002. § 36040. Reasonable classification; factors For purposes of the tax or additional tax to be imposed pursuant to this part, the city council may make•a reasonable classification of businesses, giving consideration to various factors, including the de- j gree of benefit received from parking only. (Added by Stats.1965, c.241, p. 1229, § 1, eff. May 10, 1965. Amend- ed by Stats.1967, c. 1175, p. 2864, § 7.) Historical Note The 1967 amendment inserted the words the words "including the degree of benefit "tax or" preceding the words "additional received from parking only". tax", and, at the end of the section, added Library References et Municipal Corporations 4=966(1). seq. Municipal Corporations § 2000 seq. ii § 36041. Exemption of newly established businesses Businesses recently established in the area may be exempted from the tax, imposed pursuant to this part, for a period not exceed- ing one year from the date they commenced business in the area. (Added by Stats.1965,c.241,p.1229, §1,eff.May 10,1965.) Library References I, Municipal Corporations e=967(1,2). C•7•s. Municipal Corporations 12006 et seq. 763 ii i ! i j § 36060 PARKING Div. 18 Pt. Chapter 4 su TAXATION or to Sec. to 36060. Collection; time and manner. P( 36061. Changes in additional rate or levy or uses; resolution of inten- it tion; contents. U. 36062. Imposition of tax on different classes of business. a 36063. Purpose of levy; use of proceeds. v Chapter 4 was added by Stats.1965, c. 211, P. 1229, § 1, v eff.May 10,1965. c t } § 36060. Collection; time and manner is The collection of the tax imposed Pursuant to this part shall be t made at the same time and in the same manner as any other business license tax.or in such other manner as the city council shall deter- mine. (Added by Stats.1965, c. 241, p. 1229, § 1, eff.May 10, 1965.) i E ' Library References 1 . Municipal Corporations X968(1) at C.J.S. Municipal Corporations 4 2035.. seq. Notes of Decisions I. In general N I Provision of a Los Angeles city charter amount of business Bono" limits the city that "no discrimination in the amount of in passing ordinances pursuant to the- 3 1 license tax shall be made between persons parking and business improvement area i engaged in the same business, otherwise law, as found in § 86000 at seq. 51 Ops. then by proportioning the tax to the Atty.Gen.99,631-68. �I 36061, Changes in additional rate or levy or uses; resolution of intention; contents f: Changes may be made in the rate or additional rate or levy or is G the uses to which the revenue shall be put as specified in the ordi Hance establishing the area, by ordinance adopted after a hearing be- fore the city council. ' The city council shall adopt a resolution of intention to change • :I the rate or additional rate or levy or the uses to which the revenue a shall be put at least 15 days prior to the hearing required by this sec k_° I tion. This resolution shall specify the proposed change and shall give the time and place of the hearing. (Added by Stats.1965, c. 241, p. 1229, § 1, eff. May 10, 1965. Amend- ed by Stats.1967, c. 1175, p. 2864, § 8.) i ' Historical Nota The 1967 amendment inserted the words rate or levy", and deleted the word "addi- "rate or" preceding the words "additional tional"preceding "revenue",in two Places- 764 i ' • ., i l III i Pt. 5 PARKING AND BUSINESS IMPROVEMENT § 36080 § 36062. Imposition of tax on different classes of business The tax need not be imposed on different classes, established pur- suant to Chapter 3 (commencing with Section 36040) of the business on the same basis or at the same rate; provided, however, that the tax imposed for the purpose of the acquisition, construction or main- tenance of parking facilities for the benefit of the area shall be im- posed on the basis of benefit determined by the city council after giv- ing consideration to the total cost to be recovered from the businesses upon which the tax is to be imposed, the total area within the bound- aries of the parking and business improvement area, the assessed value of the land and improvements within the area,the total business volume generated within the area, and such other factors as the city council may find and determine to be a reasonable measure of such benefit. (Added by Stats.1965, c. 241, p. 1229, § 1, eff. May 10, 1965. Amend- ed by Stats.1967, c. 1175, p. 2865, § 9.) Historical Note i I ; The 1967 amendment added the proviso. is § 36063. Purpose of levy; use of proceeds The tax levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose. (Added by Stats.1965,c.241,p.1230, § 1,eff.May 10,1965.) i Chapter 5 DISESTABLISHMENT i Sec. 56080. Ordinance; resolution of intention. 36081. Disposition of proceeds of tax or assets. 4 Chapter 5 was added by Stats.1965, c. 641,P. 1650, § 1., eff. May 10, 1965. § 36080. Ordinance; resolution of intention The city council may disestablish an area by ordinance after a hearing before the city council. ;I The city council shall adopt a resolution of intention to disestab- lish the area at least 15 days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. (Added by Stats.1965,c.241,p.1230, §1,eff.May 10,1965.) I ' Library References Municipal Corporations e+966(1) et Q.J.S. Municipal Corporations 1 2000 et ' I seq. seq. 765 I ' I . v 1 § 36081 PARSING Div. 18 �i § 36081. Disposition of proceeds of tag or assets Upon disestablishment of an area, any proceeds of the tax, or as- sets acquired with such proceeds, shall be subject to disposition as the city council shall determine. (Added by Stats.1965,c.241,p.1230, § 1,eff.May 10,1965.) j Division 19 BLANK Division 20 REPEALS I: i This division heading was repealed by Stats.1941,c.79,p. 1030, § 6. The division embraced §§ 10000-10003. These sections were renumbered §1 50001-50001 by Stats.1941, C. I: 79,pp. 1026-1030,§§ 2-5. i i i i i i it I 1 i 766 1, § M7 STREETS AND HIGHWAYS CODE STREETS ANL Chapter 2 Chapter 8. Disestablish ESTABLISHMENT Section 36072. Notice of hearing; publication; mailing. Former pal a$79 0 1,wo 1 $6022 Notice of hearing; publication; mailing Notice of a hearing held under Section 36021,360611 or 36080 shall be given by both of the followin¢ (a) One publication of the resolution of intention in a newspaper of general circulation in the city• a •_ (b) Mailing a complete copy of the resolution of intention to each br+ai" a in the proposed, or Article established, area Publication and mal7ing shall be completed at least 10 days prior to the time of the hearing. 1. Declarations Defintions. (Amended by Stats ,c 193,6 140.) 2. Prior Law w 3. Aoraw.. Library References s 4 Legal Jariapzudeam Cal Jur ad Garage I i2 i Chapter 3 CLASSIFICATION OF BUSINESSES Section 1 36040. Reasonable classification; factors 36500. Short till. 36501. Legislati% Notes of Decisions 36602. Purpose In general 1 business dlat ict, and where classification which deter. mined differences In tax Rtes were based on prospects of economic benefit horn use of tart folds to businesses L In generala onal bads calarly related to purpose of legislation and did not violate equal protec- 4 36500. Short' Where purpose of Parking and Business Improvement tion, despite fees that classifications lesalfad In qtly t Area Law(9 86000 et seq.) pursuant to which city lm- &spares tau rates for differently claesided businesses. This part shall posed diferent license tax rates on differently classified Helton v. City of Long Beach (App. 2 Diet. 1976) 127 1981" businesses was to prevent deterioration and to rphahnhsrs CeLRptr.737,66 Cd App.9d 840. (Added by Stats) Chapter4 TAXATION 1989 Legislation k Former 4'36600. ' it 36060. Collection; time and manner 389,n he m 08E Notes of Decisions In general I between persons engaged to the same business,otherwise than by proportioning the tax to the amoaat of business Legal Jmdeprudes done"limits the city In passing ordinances pmauaat to the Cal Jur 3d Gar. L In general parking and business Improvement area law,as found in 54 269. Provision of a Los Angeles city charter that"no dis- 136000 et seq. 51 OpaAtty.Gen.99,"1-0. crimination in the amount of license tax WuM be made ;i 48660E Legis ii Part 6 (a) The Leg* districts of this: PAREING AND BUSINESS MPROVEMENT AREA LAW OF 1989 athuet customer �i (b) The Leg;: Chapter Section revitalisation an 1. General Provisions................................................................ 38500 new businesses. i 2. Establishment ....................................................................36520 (c) The Legis 3. Assessments .......................................................................36530 improvements r 4. Moditicotion of Boundarlea,Assessments,Improvements,or Aetivltlss............... 36540 those improvern Additions or changes Indicated by underline: deletions by asteds a • • • Adds 190 ETS AND HIGHWAYS CODE STREETS AND HIGHWAYS CODE § 36501 Chapter Section t ' 5. Disestablishment .................................................................35550 Part 6 was added by Stata1989, a 591, § it u Former Part A Parking and Business Improt meat Area Law oj1979, added by State.1979, e 87A¢ 1,was repealed by Stata1989,a 591, ¢ 1. Il be given by both of the following^ Chapter 1 general circulation in the city• • • GENERAL PROVISIONS s =h business in the proposed, or Mt.10 days prior to the time of the Article Section 1. Declarations......................... .......................................... 38500 2. Deflnitions........................................................................ 38505 3. Prior Law......................................................................... 36515 Chapter.i was added by Stata1989, r 591, § 8. Article 1 :t DECLARATIONS ES Section Section 36500. Short title. 36503. Conflict of law. 86601, Legislative slative findings and declarations. 36504. Liberal construction; partial invalidity, 86602. Purpose of part reimposition of invalid assessments. :d. and where dseaineation which deter• to tax rates were based on Prospects of .l M on of ta m ds to businesses Article 1 was added by Stata1989, a 591, ¢ 1 clot lgyParticularly rejaW lation and did m�late In� 436500 Short title I a for dlSerent(y daseMed businesses This part shall be]mown and may be cited as the"Parking and Business Improvement Area Law of ! Apd App.3dd 8do.Beach CAPP. Y Diet 1976) 127 1989." !FF (Added by Stats.1989,a 691,ft 2.) I l Historical and Statutory Notes 1989 Legislation k Former; 36500,added by Stata1979.a 87$5 1.pro- viding the purpose of the part, was repealed by State. 1989,a 591.6 1. See,now,1 86502 Plied In the mase busfnmm otherwise Library References j', 08 the fax to the amount of baslasu Legal Jurisprudences Treatises and Practice AideIn . improvemsing ent ordinances pursuant to the Cal J3d Garage 4 13; Prop Tax 1 2; Pub Improv Merida,Summary(9th ed)Real Prop i 65A. 1puuAtty.Cea 9 an9tarm law,as found fa Jur 9,6,81�i8. 44 $59. Wi tldn,Summary(9th ed)Tax 1 110. 4 3650L Legislative findings and declarations 0 (a) The Legislature finds and declares that businesses located and o Aerating within the business • districts of this state's communities are economically disadvantaged,are underutilized,and are unable to i,�. REA LAW OF 1989 attract customers due to inadequate facilities,services,and activities in the business districts. (b) The Legislature also finds and declares that it is in the public interest to promote the economic Section revitalization and physical maintenance of the business districts of its cities in order to create jobs.attract 0. ....................:.38500 new businesses,and prevent erosion of the business districts. , ;.. 38520 (c) The Legislature also finds that it is of particular local benefit to allow cities to fund property related 36530 improvements and activities through the levy of assessments upon-the businesses which benefit fr® w................ 35540 those improvements and activities. by asterisks ' ' • Additions or changes Indicated by underline; deletions by asterisks • • • 191 36501 STREETS AND HIGHWAY9'CODg ET9 AND HIGHW. The Le ' lature also finds and declares.that tourism ie a o e ernnom an t romotion o a ci s or coon a ere larrand o c°nhibuWr;tb attractiane as a tourist estination an rtant public an 09 Legislation e The Legislature also finds and declares that imP�ements and assessments levied for the purpose of Former 4 8660&added by Stan within the area di rooting activities which benefit individual businesses may also benefit the p wed bcrOdO s Of the a 591,�1 city, but are 'or indirectly and that those and activities are not taxes for the genera)ben a assessments i for the improvements and activities which confer special benefits upon the businesses for which the improvements and activities are provided. (Added b9 Stat'LI989,r.691,§ 2. Amended by Stats-1991,C.1110(S.B.682),§ 40.) yrenment on businesses 1 1989 LegislationHistorical.and Statutory Notes or"tax s Former 4 86601,added by Stata.I979,a 872,4 1,defin. L Assessment on businesses 1>arldag and business improveamat by Stata1989,a 691,4 1. Sea,now,6 86611. roP�ed :. Otdimm imposing Buses IBID)smesmleni on businesses, d,p=mjmt to Parking and Bus Library References !sw of 1989,for services and Im Treatises;and Practla Alda BID businesses was sat•aesemr. i' upon redsl��t� Witldn,Summary(9th ed)Beal Prop 4 b6A. 'g ,i § 86604. Liberal construct Notes of Decisions This part 3s intended to Construction with other laws 1 provisions shall remain in ft •'� Jarvis Taxpayers Assn.v.City of San Dlego(App•4 Dist assessments on held invalid 1999)84 CaLRptr.2d 804,72 Ca1App,4th 280,review fled• 8(commencing with Section L 'Construction with other laws Levy an business owners in Business Improvement the same businesses as a In Ordinance bnPosing BOsiness Im District(BID)for improvements and aetivltks have occurred. Asseumnt provement District is busies"within BID, I: (BID)assessment as b imposed pursued oM to pp 4y,Pursuant to Par setnd Bu rather thea real improvementproper. Area asci cial taes Improvemenc ams Law of 1989,w P (Ridded by gists 1989,a 691, ro I: Law of 1989.for ee susdaadHimprovmn bdum fit two local tax" within consubidanal provision proidbi ft . ts from imposing businesses was not" e6nition of ung .a uppon emoldm' aal lavpert}+ wl<hdonal amendment�wt itlng� evied PP�e Mian.usvn�voter P11090( Howard D LJarvisT 84 F 89 assessm��added by St D1ego(App 4 Dist 1 tepeal i; CeLApp.4th ffi0,review,51ed Ing Bes,sow,§ 86608. o es 1 36602. Propose of part 7%e Purpose of this part is W recodifY MWIN'd f,' authorize cities to levy assessments on and supplant Previously enacted Provisions of law which Pride a aaiform Procedure to eases within a Parldng and business improvement area and W a Ievy assessments forSection .4�e M_a�u•: law OPMWIUK auth ginra business district of a city. This part aaifect or limit activities busineem I Advisory fiumwiing of improvements or activities sions of or Lha 8M.5. Repealed. Pnrpoees. .yn addition this Hart ie intended to nrmide a method for fmanrt revenue for 367. Repealed• attract tourist nisi n w areas where tourkm ie econemicall im rtant end desired, programs m 505 36506, Assessment (Added by Stats.1989,a 691,§ 2. Amended by Stats.1991,t 1110(S-B-682),§ 41.) 36604• B®ness Historical and Statutory Notes 1988 Legialation Former IngfirI 6 added by State.1979,a 87$4 1.dean- Derivation: Former 486600, added by Stata1979, e � 4 repealed by 9tata.1989,a 591,4 1. See, § 86606. Advisory board L "Advisory board"mean 186603. Conflict of law Section 96630. (Added by Stats.110,C.6 Any provision of this part which conflicts with any other provision of law shall prevail over the other Provision of law. (Added by Stat&IM9,c.591,§ 2) 19881.egleletlon Former 4 86606,added by . . . ( Additions or changes IndIcNed by underline; deletions . . . h�gduw Additions oras repealed , I 192 by asterisks . =R +TREETS AND HIGHWAYS CODE; STREETS AND HIGHWAYS CODE §36505 n is a large and m�wmR rnntn'butor to { �6 scerua recrea iona7 ca1� r Historical and Statutory Notes t 1 rse `� 1988 Legislation 7 ents levied for the Former 6 88605,added by Stata1979,c.87$4 1,relet- t, may Purpose of Prari to discretion of the coundl an a are no also benefit the proper repealed by Stete.1989, a 591, f 1. S now, 88680 taxes for the general benefit of a - 8 which confer special benefits upon the led. Notes of Decieions 110(S.B.632),¢ 40.) SA anpecial�o�n businesses 1 Jarvis Taxpayers Aeee,v,qty of San Diego(App.4 Dist } -Notes 1888)84 Cal.Rptr?d 804 72 CalApp.4th 730,review fled 2 Special tax Levy on business owners in Business Improvement L Assessment on businesses District(BID)for Ordinance Imposing Badness Improvement District to buelnessee wltida ID imposedand edivltlpa of benefit (BID)sssssament on businesses,rather than real proper. and Business Improvement Area Law of 1889 wes Parking a tSS Pmmmat to Parking and Business Improvement Area "special tax" within constitutional provlelim prohibiting Law of 1889,far services and Improveme�of benefit to local governments from imposing,astmrlfng or inceveeing BID businesses was not"asssssmenN within dediddon of apodal taxes without voter approval, Howard Jarvis Ta- constitutional amendment prohibiting"Memento levied payers Asses v.qty of San Diego(App.4 Diet 1999)84 upon `reel Proper without voter approval. Howard CaLRptr.2d 804,72 CeLApp.4tb 290,review Ned, 1 86504. Liberal construction; partial invalidity, reimposition of invalid assessments This part is intended to be construed liberally and, if any provision is held invalid, the remaining gvere A® v. D provisions shall remain in Hill force and effect If the provisions of this part respecting the levying of yR pd8K 72 Diego(App.4 Dist asseeaments are held invalid in any area within which assessments have been levied pursuant to Chapter �•APP,4th review filed. 3(commenting with Section SMO),the assessments shall be reimposed in an identical amount and upon. busimeea owners in Busing Improvement the same businesses as a matter of law and no lapse in the levy of any assessment shall be deemed to D)for Improve nt.and acfttiu of benefit have occurred. Assessments levied under this part are not special taxes. LA within RID.Imposed parsaant to Parking (Added by Stats.1989,c.691,4 2.) Improvement Area Law of 1989,wee not a Within aoaetitational man prohibiting, increasing meats gam imHistorical and Statutory Notes "without°oteraPPr,oval. H J 1989I.egidation Derlvatlon Former 4 58607, added by 6tata1979, c ) .o.(SL,1K 72C of Sea Diego(App 4 Dist 1999)S4 Fug 488604,added by Stata.1879,a 872,1 1,deft 872,4 1. CeLAppAth 290.:evlew fled. Ing assessment,was repealed by 8tata.1989,c.591, 4 1. Bee,now,4 86608. Article 2 mend Inti provisions of law which DEFINITIONS eF movement area and to nand Section ! activities of businesses located Section affe6606• ct or&*any other provisions of 8Advisory board. 36508. (Sty. acdvitlee or the raising of revenne for 86M.5. 36609. City counml ethod for finanti�public Dl04tra1TlB to 86606.7. Repealed. 36610. Improvement ant and desired. 36506. Assessment 36511. Parbdng and business improvement area 36512. Pro (S.B.682),4 41.) 8 Business. 36518. Activities. :es Former 4 SM. added by Stata1979, e. Article 2 alas added by Stat%1989, a 591, ¢ 2. 136505. Advisory board "Advisory board"means the advisory board or commission appointed by the city council pursuant to Section 86530. (Added by Stats.1989,c.691,$ 2.) M of law shaD �;. prevaril over the other Historical and Statutory Notes 1989 Legislation Former€S66o6,added by Stata.1979,e.872,; 1,defin- t bry ing charge,was repealed by Stata1989.a 591,4 1. Jons °6te ' • Additions or changes indicated by underline• deletions by asterisks 193 ,.1 'F+ s' .4=,3+110.•�C•`. .G.'t..ro:�':'V'CCti::..'•;•:".�.'9 i w. 86606$ STREETS AND HIGHWAYS CODE STREETS AND HIGHWAYS COD] Repealed 136505.& Repealed by Stats.1989,a 591,¢ 1 (a) Parking facilities. Historical and Statutory Notes (b) Benches. the repealed section added by Stata198&a 874 5 86, (c).'Nash receptacles. defend dty. See,now,13650& (d) Street lighting. . 136505.7. Repealed by Stats.1989,c 691,¢ 1 (e) Decorations. (f) Parks. Historical and Statutory Notes (g) Fountains. The repealed section.added by Stats.1986,r.874,$ 86, (Added by Stats.1989,a 591,$ 2.) defined city eouncL See,now.5 86609. $ 86511. Parting and business improve 4 86506. Assessment "Parking and business improvement u "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining part Improvements and promoting activities which will benefit the businesses located and operating within a parking and business improvement are (Added by Stats.1989,c 691,$ 2J area- (Added by Stats.1989,e.691,$ 2.) Histo Historical and Statutory Notes Derivation: Former $ 86601. added by Sc =I i. 1989I.egtstation Derivation: Former$ 86504, added by Stata.1979,e. Former 5 86696,added by Stats iw%e.87$¢ 1,relat- =I I. mg to gea of assessments and chae •on a business, ¢ 86512 Property was repealed by Stata.i989,r.691.5 1. -Property"means real property situate 1136507. Business (Added by Stats.1989,c 691,¢ 2.) "Business•means all types of businesses and includes financial institutions and professions. ¢ =I& Activities (Added by Stats 1989,a 691,$ 2.) "Activities"means,but is sot limited t' Historical and Statutory Notes (a) Promotion of public events which 1 places within the area. 1889 Legislation Derivation:.Former$ 88602,added by 8tatLlr% a (b) Furnishing of music in any Public Former$ 88607,added by Stata1979,a 872,11,pro- 872,5 1. viding for MOW mnetrnedon of the p� was repealed by (c) promotion of tourism within the ar Btafa1989,a 591,5 1. See now,i 86604 Q Activities which benefit businessct 13660& City (Added by Stats.19S9,a 591,¢ 2. Ame: "City"means a City,county,v • 'city and county or an a n or entit created hu anent to Reticle 1 (m�iencing with Section 6500)of Chanter 6 of on 7 of e 1 o e ernment Code,the public member agencies or wince include only ertlee oounttes,or a city and cotmty. (Added by Stats.1989,a 691,$ 2. Amended by Stata1991,r.1110(S.B.682),¢ 42.) Historical and Statutory Notes Section areae 86515. Validity of improvement De-vadon: Former$ 86606.6,added by Stata1986,c prior to January 1, 1990, 8774,5 ab the 1979 law. 136509. City council "City council"means the City council of a rlty or the board of supervisors of a county or thea Article y eommiaviouh or board created pursuant to Mint powers agreement and whirb is a ctv withine y meaning o mut ¢ 96.516. Validity of improvement; p' (Added by Stats1989,Ci 591,¢ 2. Amended by Stats.1991,c.1110(S.B.682),¢ 43.) law Historical and Statutory Notes tvapent area establish- Dation: Former 5 88606.7,added by Statalg86,e. Every int t Area Law of 1979 (fo' 874,111 Improvement. hereby declared valid and effective ar 136510. Improvement 3(commeneing with Sedioa 8663W,< "Improvement" means the 36660) Tsth.t of this peril- •:, ... acquisition. wnetivction, installation, or maintenance of any tangible lggg,a 691,4 �) paopmty with an estimated useful life of five years or more including,but not limited to,the follow[ng: (Added by Stats. h�angee I Additions or changes Indicated by underline; deletions by asterisks • • • AddFd0ns:�or 194 ND HIGHWAYS CODE- STREETS AND HIGHWAYS CODE §36515 4' (a) Parking faahtiea (b) Benches. (c) Trash receptacles. (d) Street lighting. (e) Decorations, l (f) Parks. (g) Fountains. (Added by Stats.1989,c.691,§ 2.) �l $ 301L Parking and business improvement area "Parking and business improvement area," or"area" means an area designated as provided in this Installing, or maintaining part. 'ated and Operating within a (Added by Stata1989,a 691,§ 2) Historical and Statutory Notes Derivation: Former $ 36601, added by Stats-1979, C. 372.$ 1. 36500.added by Stats 1979, e § 36672. Property "Property"means real property situated within an area. (Added by Stats.1989,c.591,§ 2.) ;C l Ind professions. § 36513. Activities "Activities"means,but is not limited to,all of the following: (a) Promotion of public events which benefit businesses in the area and which take place on or in public places within the area i .i 36601;added by State 1879,e. (b) Furnishing of music in any public place in the area. (c) Promotion of tourism within the area d(d) Activities which benefit businesses located and operating in the area. (Added by Stats.1989,r—591,§ 2. Amended by Stats.1991,c 1110(S.B.682),§ 44.) Bated1muttauant to Article 1 Article 8 )Ve17ent a B. nn G 0 . 42) PRIOR LAW Section l 36615. Validity of improvement areas established prior to January 1, 1990, pursuant to the 1979 law. d a county os.'thea n ; rhieh is a ata wi a Article J um added by Stats.1989, r. 591, § 2. +, 43.) § 36516. Validity of improvement areas established prior to January 1,1990,pursuant to the 1979 .` law Every improvement area established prior to January 1, 1990, pursuant to the Parking and Business Improvement Area Law of 1979 (former Part 6 (commencing with Section 86600) of Oda division) is hereby declared valid and effective and is unaffected by the repeal of that law,but is subject to Chapters S(commencing with Section 86630),4(emmuencing with Section 36640),and 6(commencing with Section ttenance ofy tangible 36660)of this part rather than any provision of prior law. t limited to,the following; (Added by Stats.1989,6.591,12.) sterlake • • • Additions or changes Indicated by underline; deletions by asterisks • • • 195 •• n ° r § 36515 STREETS AND HIGHWAYS CODE STREETS AND HIGHWAYS T Chapter 2 (d) State that,except where fund for all improvements and activities v ESTABLISHMENT (e) State the proposed method e Section Section business owner to estimate the ar 86520. Manner of establishment 86524. Hearing; protests; filing; content (f) State whether new businesses 86521. City council; establishment on own Tai- 86526. Majority protest; delay in proceedings 86531. dative for 1 year. (g) Fix a time and place for a 86521-5. Consent for formation of area 36526. Adoption,revision,change,reduction,or required improvement area and the levy of a within territorial jurisdiction of city or.. modification of assessments, improve- after the adoption of the resohmon �� ments and activities. 86622. Resolution of intention 36527. Ordinance establishing proposed area; (h) State,that at the hearing the 86623. Notice of public hearing-, publication or contents the area,the extent of the area or 36626. Benefit o nes; establishment; assess. heard. The notice shall also dear mailing of resolution. menta. 86523.6. Notice of public hearing; procedures. 86529. Procedure. � the t or a establishment of the a improvement or activity,as provide (Added by Stats.1989,e.591,§ 2.) Chapter 8 was added by Stata1989, a 691, § E § 36520. .Manner of establishment 1989 Legislation i lting.and business improvement Former 4 96-571.a A pardded by Stara1979. provement area may be established as provided in this chapter. Ing to notice and publication of hearing (Added by Stats.1989,a 591,§ 2.) State.1989,a 591,4 1. See,mor,4 366: Historical and Statutory Notes 1989 Legislation Derivation: Former 4 SM, added by Ststa1979, c. Former§56620,added by Stata.1979,c.s72,§ 1,relat- 87$4 1. Legal Judeprudences t' ii to similar was repealed by Stats.1989, Cal Jur Sd Pub Improv 4 69. 1 now,this section. § 86521. City council; establishment on own initiative The city council may establish an area on its own initiative. Aeseeemeat on businesses 1 (Added by Stats.1989,c.591,§ 2.) Special.tax 2 Historical and Statutory Notes i. 1989 Legislation by State 1989, c 691, 4 1. See, now, this section, and L Assessment on businesses Former 4 WML added by Stata.1979, a 572 4 1, 4 86621. Ondimmos imposing Business ImI amended by Stafa1986, a 70, 4 1, relating to elm9ar Derivation: Former 4 86621, added by Stats 1979, e. BID)assessment on bastnessm rathe subject matter,and resolution of intention,was repealed 872,4 1,ameaded by stats.1986,a 7o,4 1. ty,purimutto Parldng and Business Law of 1989,for services and Improve. § 8662]5 Consent BID businesses wen not%wesmWe required for formation of area within territorial jurisdiction of city or county eomutnt oral amendment prohibiting upon -real property.without `atm A county may not form an area within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form an area within the unincorporated territory of a county, without the consent of the board of supervisors of that county. A city may not form an area within the § 36528. Notice of public heari: territorial jurisdiction of another city without the consent of the city council of the other city. (Added by Stats.1991,c.1110(S.B.682),§ 45.) Notice of a public hearing' § 36522 Resolution of intention given by both of the following: Proceedings to establish a parking and business improvement area shall be instituted by the adoption (a) Publishing the resolution of 6 by the city council of a resolution of intention to establish the area The resolution of intention shall do least seven days before the Public all of the following (a) State that a parking and business improvement area is proposed to be established o s (b) Mafimg of a complete copy chapter and describe. the boundaries of the tem ��nt tthis in the area within seven days of t ch se tory proposed h inducted o the area and the boundaries of ea perste benefit cone to be established within the area. The boundaries of the area (c) Notwithstanding subdivisic may be described by reference to a map on Erle in the office of the clerk, showing the proposed area tourism,a copy of the resolution (b) State the name of the proposed area the city eounci's adoption of the (c) State the type or types of improvements and activities will be subject to assessment. imp proposed a be any improvements the levy of b Stats.1989,a 591, 4 assessments on businesses in the area. The resolution of intention shall specify any improvements to be �� y acquired. (S.B.1977),4 41; Stats.1993,e- 1: Additions or changes Indicated by underline; deletions by asterisks • • • Additions or Chang 196 STREETS AND HIGHWAYS CODR STREETS AND HIGHWAYS CODEt' $36523 ' (d) State that,except where funds are otherwise available,an assessment will be levied annually to pay NT for an Improvements and activities within the area (e) State the proposed method and basis of levying the assessment in sufficient detail to allow each in business owner to estimate the amount of the assessment to be levied against his or her business. '.Hearing; protests; }� II lh' protest; dei4 in content dings IState whether new businesses will be exempt from the levy of the assessment,pursuant to Section i:' year. Adoption revision change reductio (g) fix a time and place fora public hearing on the establishment of the paridng and business modification of assessments, n or improvement area and the levy of assessments,which shall be held not less than 20 or more than 30 days }: menta and activities. anprove- ager the adoption of the resolution of intention.Ordinance ` contents establishing Proposed � (h) State that at the hearing the testimonyof all interested persons for or against the establishment of the area the extent of the area or the furnishing of specified types of improvements or activities will be Benefit zones; establishment; assess- ments. heard. The notice shall also describe, in summary, the effect of protests made by business owners Procedure. against the establishment of the area, the extent of the area, and the furnishing of a specified type of improvement or activity,as provided in Section 86524. 89, a 591, ¢ ;+. (Added by Stats.1989,a 591,§ 2.) Historical and Statutory Notes I 1989 Legfalation Derivatfom Former 136621, added by Stats.1979, c. rd as provided in this chapter. Former 136W,added by Stata1979,a 372,11,relax 872,11,amended by Stata1986,a 70,4 L ing to notice and publication of hearing,was repealed by lit 6tats.1989,a 591,11. See,now,136623. �y Notes :ion: Former I MM,added by Stats,1979. a Library References Legal Jurisprudences ' Cal Jur 8d Pub Improv 169. Notes of Decisions Assessment on businesses 1 Jarvis Taxpayers Ass.v.City of San Diego(App.4 Dist Special tax 2 1999)84 Cal.RpI 804,72 Cal.App.4th 230,review ped. ti \Otey 2 Special tax 69, a 591. 11. See, now, this section, and L Assessment on businesses Levi' on business owners in Bus(ness Improvement District(BID)for Improvements and activities of benefit .� T: Former 186621, added Ordinance imposing Business Improvement District to businesses within BID, imposed pursuant to Parldng t; araded by StafalBBb,a 70,d bby Ststs.1979, a (BID)assessment on businesses,rather than real proper- and Business Improvement Area Law of 1989,was not a '. Gy.pursuant to Parking and Business lmprrvemsr t Area 'special tai' within constitudanai provision p-hmiting ..i Law of 1989,for services and Improvements of benefit to local governments from f npoaft,extending or fneeasiag rrltCrlBl jttrledfCLlOa Of city or county approval.BED was not wassessonerr within definition Of special taxes without voter I Tax constitutional amendment asses mentslevied payers Assn. City of Saniego(App.4 Dist 1998))84 eonOfOf a city without the consent of the upon 'real pssperW without voter approval. Howard Cd Y4rtnfd 804,72 Cd AppAth 230,revlew Med.corpo A city maynotefdorm� ea�of acounty,the •f the city council of the hi other city. 1 36523. Notice ofublic hearing,g; publication or mailing of resolution is ;r Notice of a public hearing• • •held under• • •Section 36524,36641,36542,or 36550• • •shall be given by both of the following: �= r3. reshall resolution Instituted ed bytthe tionadoption (a) Publishing the resolution of intention in a newspaper of general circulation in the city once,Par at shall da least seven days before the public hearing. ` osed to be established pmsmant to this (b) Mailing of a complete copy of the resolution of intention by first-elm mailto each business owner to be included in the area and the in the area within seven days of the city councirs adoption of the resolution of intention. the the clerk, 'Me boundaries of the area (c) Notwithstanding subdivision (b), in the case of an area • • • established primarily to promote o�g the Proposed area. tourism,a copy of the resolution of intention shall be marled by first-class marl• • •within seven days of the city council's adoption of the resolution of intention,to the owner of each business in the area which oposed to be funded by the levy of will be subject to assessment shall specify any heluoveman, ts to be (Added by Stats.1989, c.591, § 2. Amended by Stats.1991,c. 1110 (S.B.682), § 46; Stats.1992, c. 1234 (S.B.1977),§ 41; Stats1993,c.1194,§ 25,eft.OcL 11.1993.) tions by asterisks • •.• ,°:. Additions or changes Indicated by underline; deletions by asterisks • • • 197 a.: e i t i.Y -.J C\12. :: § 36523 :* STREETS AND HIGHWAYS CODE STREETS AND HIGHWAYS COD) i Historical and Statutory Notes (b) u the majority Protest is only agains ,oz. . + For er186 Legislation ackrvity within the area,those types of bnP) Famfps ik 86ECi, added by ane•x979, a 87� ¢ 1, a 0°s of this act we declarative of eAgLai amender Stats.1987,a 13%0 8%relating to protests, (Added by Stats.1989,a 691,4 2 Amends w repuW by StatL19M, t 691, ; 1. See, now, Derivation: Former f 86622, added by 872,1 1. State.1979,c Histor 1993 Legislation 1989 Legislation . t Sectionats.193,a 1194(S.B.876)provides: :1 27 of St9Former 186525,establishing r,led by tata.1979,a M mg to Ordinance proposed area . prated by State.1989, a 691. 1 1. See. now. Notes of Decisions In general I Ment of business improvement district(BID),and statute 4 36626. Adoption,revision,change,re and Ordinance which authorized imposition of asseasmeats activities on businesses for BIDs; owner registered protest purgu- ben: L In general ant to relevant statnte by Checking appropriate box an her (a) At the conclusion of the public Businsse owner exhausted hes administrative remedies ballot. and also wrote city ecould Evansprior to its public change reduce,or modify the proposed e so as to permit her action ebepeoging fawn's establish- Ch sXptr.2d 601 8 =4th Z (APP 6 Dist 1992)4 be funded with the revenues from the ass ►PF rovlew denied. (b) At the public hearing,the city corm f 86628.6. Notice of public h proposed parking and business impro m P eating; procedures the proposed improvements or activitie Notwithstanding Section 86623, prior to ado council reducing any or all of them. shall give notice pursuant to Section 64964.6 of the Government Code in lieu off puublta)artn g notice the city ursuant . to subdivision(a)of Section 36623. (c) The city council shall not change th its judgment, benefit by themade mno pToven (Added by Stats.1993,c.1194(SB376),4 26,eft:()cL 11,1998. boundaries of the area Provided in Section added to the area,as Historical and Statutory Notes provided in Section 86624. 1993 Legislation 'The provisions of this act are declarative of erdsdM (Added by Stats.1989,e.691,3 2. Amen Section 27 of StatL1993,a 1194(S.B.876)provides: IM.. J 86624. Hearing; Protests; filing; content 1999 Legislation Farmer 4 36516,added by Stata1979,a 87 (a) At.the public hearing,the city Council shall hear and wneider al] ing m modification of bendt zones was of the.area, the extent of the area, or the Protests against the establishment Sta&IM9,a 691,4 L Sea,now.4 86628 within the area, A Protest may be made furnishing specified types of improvements or activities Pertaining to the regularity or ay been of the or in writing by any interested person. Any protest the sufficiency Proceedings shall be in writing and shall clearly set forth 436627. Ordinance establishing Pres irregularity or defect to which the objection is made If the city wnncfl,following the publi Th%�cece�Protest shall be filed with the clerk at or before the time fixed for the public hearing. improvement area, it shall adopt an c aRY m eguty the form or content of aqv written protest and at the public following: bearing maY cornett minor defects in the proceedings A written protest may be withdrawn in writing at (a) The number,date of adoption,an' aqy time before the conclusion of the public hearing. (c) Each written protest shag eontaia a description of the business in which the (b) The time and place where the pu' Fret is interested stet$dent to identify the business sad it a person subscribing the at shown on the (c) A. determination regarding say p: official moria of the city as the owner of the b peraoa eubarnbiag to n written evidence that theme ties protest shall rnatain or be accompanied by (d) The description of the boundarie sot cam0n snbsmbing the owner of the business. A written ply a ority Protest, protest which does the area.with this section shall not be costed in determining maj (Added by Stats.19%,a 691,6 2.) (e) A statement that a parking and the area. Historical and Statutory Notes (f) A statement that the buainesse! 1989 Former J 965KlatIon added Derlvatlon: Former 186628. added by Stats.1979, c, amendments to this parL ing changeoaboundsries,was rep� eStatLiM d by �es �ali9 M f 1.amended by sratLI967,a 1988,133. (g) The description of the meth*, 691,1 1. clesrdfieatioa of businesses V a 01agnifit (h) A statement that the imProvem 1365 26. Majority protest; delay In proceedings for 1 year levy of the assessments.to or ac a revenuu provide improvements (4) If written protests ane received from the owners of businesses in the in the resolution of intentlo as mod ape r or more of the aseesatnenfa proposed to be levied and protests are proposed so astoas area, e ce the protests to less than that 50 percent, no further A finding that the businesses and business improvement Proceedings to erste the the nun and: shall Pnov®eat erne or to levy the p=oPoeed assessment, as contained in the resolu�b'oa *f benefited by�e���ote city Council. betaken for a period of one year from the date of the finding of s aukjority protest by the ease of an area Addltlons or changes Indicatedby underline; deletions by astallsks • • • Additions tN•qsugea i rL, 198 ' -' UGHWAYS CODE. STREETS AND HIGHWAYS CODE § 36527 (b) If the majority protest is only against the furnishing of a specified type or types of improvement or ie declarative of ematlng activity within the area those types of improvements or activities shall be eliminated. (Added by Stat&1989,a 591,3 2. Amended by Stats.1991,c.1110(S.B.682),5 47.) added by Stats 1979,c. Historical and Statutory Notes 1989 Legislation Derivation: Former i 36523, added by Stats.1979, e Former 4 866254 added by Stats.1979,r-872.5 1,relat- 872,5 1,amended by Stats.1987,a 1388,5 33. ing to ordia00ce establishing aproposedtea, Was re- pealed by Stata1989, e. 591, 5 1. See, now, 5 86527. l . !strict(BID),and statute 4 36526. Adoption,revision,change,reduction,or modification of assessments,improvements and t c i} :mpoeWon of assessments activities 4 registered tg it prior to�on� (a) At the conclusion of the public hearing to establish the area,the city council may adopt, revise, �_ prior m its pablie rh�nm���modify the proposed assessment or the type or types of improvements and activities to .o a(App.iew e�1992)4 be funded with the revenues from the assessment& ! (b) At the public hearing,the city council may only make changes in,to,or from,the boundaries of the proposed parking and business improvement area that will exclude territory whichwill not benefit from IC the proposed improvements or activities. However, proposed assessments may only be revised by r reducing any or an of them. :i meat, the sty council (c) The city council shaIl not change the boundaries of the area to include any territory that will not,in shing notice pursuant its judgment, benefit by the unprovement or activity. Any addition of territory to the proposed boundaries of the area may be made only upon notice to the owners of the businesses proposed to be added to the area,as provided in Section 36523,and upon a public hearing on the addition of territory,as provided in Section 36524. q e declarative of existing (Added by Stata.1989,c-591,$ 2. Amended by Stat&1991,a 1110(S.B.682),$ 4&) Historical and Statutory Notes j 1989 D.eglelation Derivation: Former 5 36528, added by Stats.1979, c. Former 5 86526,added by St"IM,c.37$5 1,relat- 872,11 1. ;n mg to modification o1 benefit zones was repealed by ! mat the establishment Stata.1989,c.591,5 1. See,now,536628. vements or activities person Any protest shall clearly act forth 4 $6527. Ordinance establishing proposed area; contents i If the city council,following the public hearing,decides to establish the proposed parking and business )r the public hearing, improvement area it shall adopt an ordinance to that effect The ordinance shall contain all of the teat and at the public following: bdrawa in writing at (a) The number,date of adoption,and title of the resolution of intention. arson subscribing (b) The time and place where the public hearing was held concerning the establishment of the area is not shown on the (e) A determination regarding any protests received at the public hearing. be accompanied by (d) The description of the boundaries of the area and of each separate benefit zone established within A protest which doesthe area i (e) A statement that a parking and business improvement area has been established and the name of .i the area. i (f) A statement that the businesses in the area.established by the ordinance shall be subject to any dded by Stata1979,.c amendments to this part 1889.583 (g) The description of the method and basis of levying the assessments, with a breakdown by daeaification of businesses if a classification is used. (h) A statement that the improvements and activities to be provided in the area will be funded by the levy of the assessments. The revenue from the levy of assessments within an area&hall not be used to provide improvements or activities outside the area or for any purpose other than the purposes apedfied area which will pay in the resolution of intention as modified by the city council at he concerning eats ent o ` withdrawn so as to area to specified parking Q A finding that the businesses and the property within the business and improvement area will be in the resolution of benefited by the improvements and activities funded by the assessments proposed to be levied.. In the yrity protest by the case of an area formed to promote tourism. only businesses that benefit from tourist visits ma—Be assessed. Ce • • • Additions or'changes Indicated by underline; deletions by asterisks 199 + . .... .... . ........... . J § 36527 STREETS AND HIGHWAYS CODE STREETS AND HIGHWAYS CO- G) The time and manner of collecting the assessments. (Added by Stats1989 a 591 2. Chapter 1 ti' ,§ Amended by Stats.1991,e.1110(S.B.682%.§ 49.) § 36530. Advisory board; appointmen Historical and Statutory Notes 1989 Legislation The city council shall appoint an advist Former§ 86627,added by BEeta.1 Derivation: Former § 365m, added lry SCata.15719, c on the expenditure of revenues derive( 5719 c 872 § 1.Ano 972 § 1. classification of businesses,as applicable =Procedures for establishment of a benefit zone,was PP by Stats1989, c. &91, § 1. See, now, § 86629. city council'may designate existing advis area or may create a new advisory board advisory board to persons paying the a j Notes of Decisions advisory board prior to adoption of the Corienvction with other laws 1 Jarvis Taxpayers Assn.v.City of SanDiego(APP.4 Diet. board may recommend the provisions of 1999)84 CRLRptr2d 804,72 CaLAppAth 230,review filed. (Added by Stats1989,c.591,§ 2. Amer L Construction with other laws Levy on business owners in Business Improvement Hist District(BID)for improvements and activities of benefit Ordinance imposing Business Improvement District to businesses within BID, imposed Pursuant to Parking Derivation: Former § 36503, added by S (BID)assessment on businesses,rather thin real proper. and Huffiness Improvement Area Law of 1 4y,Pursuant to Perking and Business Improvement Area "ep�al to within constitutional W%was not a 372,1 1. Law of 1989,for services and Improvements of benefit to local governments from fm Proton lroheatitig constitutBID ional amendment esses wax not � definition of special tease without voter approval• llwward Jaar Is Tatending or x 4 ML Exemption of newly esteblis upon "real ProPaTSur wlthoat�bvo e�approval- ked Payers Asses v.City of San Diego(App.4 Dist 1999)84 PProval- Howard CeLRptr.2d SO4,72 CaLAppAth 230,review filed. The city council may exempt a bus assessments,for a period not to exceed § 86526. Benefit zones; establishment; assessments area The city council shall state its c The cityco incl may intention to establish the area and shall y establish one or more separate benefit zones within the area based upon the required to be adopted pursuant to Secti degree of benefit derived from the improvements or activities to be provided within the benefit zone and (Added by Stats.1989,a 591,§ 20 may impose a different assessment within each benefit zone. (Added by Stats1989,c.591,§ 2.) Hist Historical and Statutory NotesDerivatim- Forme:§ 86641, added by c Mg L 1989 Legislation Derivation: Former §36625, added Formes 4 86518,added by Stats1979,a 87Z 1 1.relat- 872,§ 1. mg to modification of boundaries, assessments, 532 by Stata1979, t § 36Collection; time and manse charm was repealed naw,If 56628,a". by 3tata1989, a 691. § 1. See The collection of the assessments let manner set forth by the city council in t1 § 86529. Procedure (Added by Stats.1989,a 591,§ 2) Al' Provisions of this Part applicable to the establishment, modification or disestablishment of a H>e parking and business improvement arra apply to the establishment,modification,or disestablishment of benefit zones. The city council shall,.to establish m Derivation: Former§86660.added M. procedure to esfab '. or disestablish a benefit zone, follow the § 1' lush,modify,or diaestabliah a parking and lmainese improvement area. (Added by Stats.1989,t 591,§ 2) 4 36693. Annual report; contents; fi Htetorical and Statutory Notes (a) The advisory board shall cause tc Derivation: Former 4 36627,added by Stata1si79, a are to be levied and collected to pay th( The report may Propose changes, 4n( business improvement area or any bei assessments,and my changes in the ek Chapter 8 • (b) The report shall be filed with th area by name,specify the fiscal year t ASSESSMENTS shall contain all of the following: Section Section (1) Any proposed changes in the boi Woo. Advisory board; appointment; duties; 36535, g benefit zones within the arra. m caring changes; confirmation; ad p. improvements and activities 86531. Exemptt'on otknt tion (2) The eTying edbusiness. 86636. Basis of assessment; classScation of burr (3) An estimate of the cost of Provid' 86532. Collection; t .36533. 6rmual reong. nessm. bests cf.l86534. Adoption ofntent to Levy 3�• Validity of assessment; contest; appeal (4) The method„t the---- sine assessments; contents estimate the amour (5) The amount of&W=Pl=or de Additions or changes Indlt:ated by underline; deletion by asterisks • • *. Additions'or:changes Irx 200 r ' i AND HIGHWAYS CODE: STREETS AND HIGHWAYS CODE $ 36533 Chapters was added by Stata.1989, e. 591, ¢ & ;82),§ 49.) § ). Advisory board; appointment;.duties; membership board which shall make a recommendation to the city council The sty council shall appoint ea advisory - :Q § 86VA added by Stata1979, a on the expenditure of revenues derived from the levy of assessments pursuant to this part, on the classification of businesses,as applicable,and on the method and basis of levying the assessments The city council may designate existing advisory boards or commissions to serve as the advisory board for the t; area or may create a new advisory board for that purpose. The city council may limit membership of the advisory board to parsons paying the assessments under this part The city council may aypoint the rn edviso board or to ado tion of the resolution of intention to create the area, so that the advisory ;t s. ma recommend the l o L! os%oof the resolution of intention ,.; a v.City of San Diego(App.4 D1at . 864,72 CdA.ppAth 230,review fled (Added by Stats-1989.a 591,§ 2. Amended by Stats.1991,a 1110(SB.6ffi),§ 60J '. owners is Buslnese Improvement Historical and Statutory Notes '. _ .... Trovements and activities of benefit BID, imposed pursuant to Parking Derivation: Former§ 56603, added by Stats.1979, e -ement Area Law of 1959,was not a 572.§ L ,Y constitutional provision prohmitlngim iter ossa&extending J § 3653L Exemption of newly established business Of San Diego(App.4 Dist 1999)84 The sty council may exempt a business recently established in the area from the levy of the assessments,for a period not to exceed one year from the date the business commenced operating in the l4 s1.App.4th 230,review fried. area The city council shall state its determination to so exempt new businesses in the resolution of intention to establish the area and shall reaffirm its determination annually in the resolution of intention rithin the area based upon the required to be adopted pursuant to Section 36584. ided within the benefit zone and (Added by Stats.1989,c,591,§ 2J Historical and Statutory Notes Derivation: Former § 56641, added by Stats.1979, C. 372,§ 1. ar § 36SL6,added by Stata1979, e § 86532 Collection; time and manner The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the ordinance establishing the area : (Added by Stats-1989,a 591,§ 2.) Historical and Statutory Notes ation, or disestablishment of a Derivation: Former § 56660, added by Stats.1979, c. lification,or disestablishment of dish a benefit zone, follow the rovement area § 36533. Annual report, contents; filing (a) The advisory board shall no to be prepared a report for each fiscal year for which assessments ; are to be levied and collected to pay the costs of the improvements and activities described in the report h The report may propose changes, including, but not limited to, the boundaries of the parking and Il zones within the area the basis and method of levying the business improvement area or any benefit assessments,and any changes in the classification of businesses,if a classification is used. is (b) The report shall be filed with the clerk and shall refer to the parking and business improvement area by name,specify the fiscal year to which the report applies, and,with respect to that fiscal Year, shall contain all of the following: (1) Any proposed changes in the boundaries of the parking and business improvement area or in any benefit zones within the area.. changes; confirmation; adop- (2) The improvements and activities to be provided for that fiscal year. sessment; classification of busi- providing improv(3) An estimate of the coat of dm the im ements and the activities for that fiscal year. - ass sure*• usiness owner to contest; appeal (4) The method and basis of levying the assessment in soffit his or cient detail tier business for to allow each that fiscal year estimate the amount of the assessment to be levied against (5) The amount of say surplus or deficit revenues to be carried over from a previous fiscal year. by asterisks • • •. Additions or changes Indicated by underline; deletions by asterisks • • 201 = % i § 36533 STREETS AND HIGHWAYS CODE STREETS AND HIGHWAY: (6) The amount of any cont ibutions to be made from sources other than assessments levied pursuant 4 36536 Basis of assessment; c to this part The assessments levied on busir (c) The sty council may approve the report as filed by the advisory board or may modify any benefit to the businesses and pr particular contained in the report and approve it as modified. The city council shall not approve a change council may classify businesses for in the basis and method of levying assessments that would impair an authorized or executed contract to and activities provided pursuant t, be paid from the revenues derived from the levy of sssessmente. (Added by Stata1989,a 691.$ 2.' (Added by Stats.1989,c.591,$ 2.) $ 36534. Adoption of resolution of Intent to levy assessments; contents Deivatlon: Former$ 86640, add 872,$ 1. (a) After the approval of the report, the city council shall adopt a resolution of intention to levy an Former 186662.added by Stata19- } animal ss essmen for that fiscal year. The resolution of Intention shall do all of the following: i (1) Declare the intention of the city council to change the boundaries of the parking and business improvement area,or in any benefit zone within the area,if the report filed pursuant to Section 86683 $ $6537. Validity of assessmer proposes a change. The validity of an assessment (2) Declare the intention of the city eounell to levy and collect assessments within the parking and unless the action or proceeding i business improvement area for the fiscal year stated in the resolution. be�operfectedwithin 80 dugs pted pursuant to on& after (8) Generally describe the proposed Improvements and activities authorized by the ordinance enacted (Added by Stats.1989.a 691,$ 2 pursuant to Section 36627 and any substantial changes proposed to be made to the improvements and .s activities (4) Refer to the-parking and business improvement area by name and indicate the location of the area (5) Refer to the report on file with the clerk for a full and detailed description of the improvements and MODIFICATION OF BOQ: activities to be provided for that fiscal year,the boundaries of the area and-any benefit zones within the area,and-the.proposed assessments to be levied upon the businesses within the arra for that fiscal year. Section (6) Fix a time and place for a public hearing to be held by the city council on the levy of the proposed 36640. Modification of bound: essessmen for that fiscal year. The public hearing shall be held not.less than 10 days after the adoption improv emants and Sc of the resolution of intention. 86541. Modification of basis a Ing assessments; he (7) State that at the public hearing written and oral protests may be made. The form and manner of lution of intention. protests shall comply with Sections 86524 and 36525. (b) The clerk shall give notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the city not less than seven days before the public Ch hearing. $ 36540. Modification of bot (Added by Stats.1989,c.591,$ 2.) In addition to the changes 4 36535• Hearing; rhange� confirmation; adoption pursuant to Section 866M 0' i, assessments,the advisory bear (a) The city council shall hold the public hearing at the time and In the place specified in the resolution of the area,any benefit zones of intention. The public hearing shall be conducted as provided in Sections 86624 and 36525. The city improvements or activities to k council may combine the public hearing from time to time,but the public hearing shall be completed modification shell be made pm' within 30 days. (Added by Stats.1989,c.591,1 (b) During the course or upon the conclusion of the public hearing,the city council may order changes in any of the matters provided in the report,including changes in the proposed assessments,the proposed improvements and activities to be funded with the revenues derived from the levy of the assessments,and the proposed and of the area and any benefit zones within the area. The city council shall not less I r I sGdoaStat change the boundaries to include any territory that will not,in its judgment,benefit by the improvement 1ogFto Former I•r�*of added by eases or activity. 1989,c.591,$ 1. Ses,now.136. (c) At the conclusion of the public hearing, the city council may adopt a resolution confirming the report as originally filed or as changed by it. The adoption of the resolution shall constitute the levy of $ 3654y Modification of k an assessment for the fiscal year referred to in the report. intention as ( d Notwithstandin subdivision c if the of the area is romotion of tourism the city (a) The city council shall r council mav adoota resolution contirnang the re rt as su ffiLtE the advis and or ma a o a the area by adopting an ` resolution contin the programanassessments as levied in the then current ear without than (b) The city council aball e an resolution shall constitute the 10[an sgeosmant for the fiscal year referre to In there rt the public hearing.required As an alternative city council may m the re rt an o a resolution confirmin there rt as than 3o days after the adol m ed t case the d council ma a o e reso upon o notice o e published and shall 86=- resolution posed chanties ea specific m Section 86523 and only attkr con uc -K a Sc eanm[ on the pied in Sectio as prove ed in Sections 36524 an86526. dad Stata1989.e b91 (Added by Stats.1989,e.691,$ 2. Amended by Stats1991,o.1110(S3.682),$ 51.) ` . . by tat&IAdditiona - 1 Additions or changes Indicated by underline; deletions by asterisks 202 i AND HIGHWAYS CODE STREETS AND HIGHWAYS CODE §36541 A assessments levied pursuant 1 36536. Basis of assessment; classification of businesses The assessments levied an businesses Pursuant to this part shall be levied on the basis of the estimated ti Ward Or may maw' sAY benefit W the businesses and property within the parking and business improvement area. The city .ncil shall not approve a char the benefit to a business of the improvements r a a 4 6e council may r]ncaif;businesses far purposes of determining—inny_-o orized or executed contract to and activities provided pursuant to this part. (Added by Stats-19M,c.591,1 2.) 1 ' t Historical and Statutory Notes Derivation .Former 1 36640, added by Stats.1979, c. rlution of intention to levy an hall do all of the following: Former 4 Va=added by Stata1979,c.372,I L Of the Parking and business .ed Pursuant to Section 36MS 4 $6537• Validity of assessment; contest; appeal The validity of an assessment levied under this part shall not be contested in any action or proceeding nents within the parking and unless the action or proceeding Is commenced within 80 days after the resolution levying the assessment is adopted pursuant to Section 86585. Any appeal from a final judgment in an action or proceeding shall :sed by the ordinance enacted be perfected within 80 days after the entry of judgment. ade to the improvements and (Added by Stata.1989,a 591,1 2.) Bcate the location of the area Chapter 4 (tion of the improvements and IMPROVEMENTS,OR ACTIVITIES any benefit zones within the MODIFICATION OF BOUNDARIES,ASSESSMENTS i the area for that fiscal year. il on the of the Section Section �T Pr'aP�d 86540. Modification of boundaries, assessments, 86642. Modification of improvements and acfivi- sn 10 days after the adoption improvements and activities; procedure. ties; resolution hearing, notice. 86541. Modification of basis and method of levy- ie The form and manner of mg assessments; hearing notice reso- lution of intention esolution of intention to be seven days before the public Chapter 4'uam added by Stats.1989, a 691, 1 2. 186540. Modification of boundaries,assessments,improvements and activities; procedure In addition to the changes authorized to be made in the annual report filed with the city council pursuant to Section 36533 or at the conclusion of the public hearing on the annual levy of the ce specified 1n the resolution assessments,�wary board may,at any time,recommend that the city council modify the boundaries s earl and 36625. Tits city of the arra,any benefit zones within the area,the basis and method of levying the•=•eQa*mentB and any hearing shall be completed improvements or activities W be funded with the revenues derived from the levy of the assessments. Any modification shall be made pursuant to this chapter. T council may order changes (Added by Stats.1989,a 591,1 2.) ad assessments,the proposed Historical and Statutory Notes levy of the assessments,and Derivation: Former 4 36623,added by Stats.1979, a The city council shall not 1939 Legislation benefit by the improvement Former 456640,added by Stats.1979,a$72,4 1,relat- 372,4 1. ing to el mriratlon of businesses,waa repealed by Stats a resolution confirming the 1989,a 591,1 1. See,now,4 56656. n shall constitute the levy of 1 3654L Modification of basis and method of levying assessments; hearing; notice resolution of intention romotion of tamism the a (a) The city council shall modify the basis and method of levying the ass�went or the boundaries of 0 or m a o a lite area by adopting an ordinance after holding a public hearing on the proposed modification -a r mf year to in th arae (b) The city council shall adopt a resolution of intention which states the proposed modification prior to i. ar referred to in the report the public hearing required by this section. The public hearing shall be held not less than 20 or more ion cof11117n1rIg the reuort e9 than 80 days after the ado tion of the.resolution of intention. Notice of the public hearing shall be Iter cops notice of the Pubes and shall be mated to each owner of a business affected by the propped modification, as It a Public hearing on provided in Section 36523. The public hearing shall be conducted as provided 3n Sections 86524 and 86625. (Added by Stata1989,a 591,1 2.) - asterisks • • • AddlUona or changes Indicated by underline; deletions by asterisks • • • . 3. 203 t. •:.. . .. jt ae §36541 STREETS AND HIGHWAYS COD)$ STREETS AND HIGHWAYS COI I 1989 Legislation Historical and Statutory Notes Histo I.FoDerivation: Former 436561, added by Stats1979, Derivation: Former 536681. added by Sts S mur 4 96501.added by 6tatsi979.a 372,5 1.ielat 372 4 1. a to stemnewly established businesses, was 872.5 1. repealed by 6tats.19i89, a 691, 5.1. See, now. 4 96691. §§ 36560 to 36581. Repealed by Stats.l 136542- Modification'of improvements and activities; resolution hearing; notice Hiatt (a) The city council may modify theimprovements and activities to be funded with the revenue derived Sectlon 8666o,added by Stata.1979,c.972, frS om the levy of the assessments by adopting a resolution determining to make the modifications holding a public hearing on the after w m0eetlon of .. ^ra and charges t g Proposed d in modifications.tion 3 Notice of the public hearing and the proposed 496632 !G+ modifications shall be published as provided is Section 36623. Section 86661,added by Stata1979,e.372, (b) The public hearing shall be conducted asto changes in assessments, chargee or uses. 86541,affia provided in Sections 36524 and 36525. !!' (Added by Stata1989,a 591,§ 2.) 11Seckion 36UZ added by State.1979,to the a 872 i Historical and Statutory Notes 4 86636 baste of assessments or charges- Historical r. Derivation: Former 4 86561, added by Stata1979, e. 972,5 1. Chapter 5 PROPERTY AND BUSINE: r DISESTABLISHMENT Chapter 1. General Provisions............ Section Section 2. Establishment.................. 36550. Ordinance; resolution of intention. 86551. Refund; amount. 3. Assessments .............Ass ,. 86560 to 36581. Repealed. 4. Modification of Boundaries,A 5. Disestablishment............... ChoPter 5 was added by Stafa1989, a 591, § £ Part 7 was ad § 86560. Ordinance, resolution of intention (a) The city council may disestablish an area by adopting an ordinance after holding a public hearing t on the disestablishment,as provided in this section. (b) The city council shall adopt a resolution of intention to disestablish the area prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall Article state the time and place of the public hearing, and shall contain a proposal to dispose of any assets is levied within the parking and business un 1. Declarations. .................. r acquired with the revenges of the assessments 2. Definitions................... The public hearing shall be held not less than 20 or more than 30 improvement o axion of intention Notice of the public after the adoption of the revolution 3. Pdor Law..................... hearing shad be published as provided m Section 86523. i (Added by Stats.1989,e.591,§ 2.) Chapter 1 rasa Historical and Statutory Notes Dmivatiorc Former 4 865M added by State 1979, c 872 4 1. § ML Refund. amount Section 36600. Short title. (a) Upon the disestablishment of an area, any remaining revenues derived from the levy of assess- 36601. Legialadve findings and decL menta,or any revenues derived from the sale of assets acquired with the revenues,shall be refunded to 86602 Purpose of part. the owners of the businesses then located and operating within the area in which assessments were levied by applying the same method and basis that wsa used to calculate the assessments levied in the fiscal Year in which the area is disestabliahed. (b) If the disestablishment occurs before an assessment is levied for the fiscal year,the method and Article 1 was basis that was used to calculate the assessments levied in the immediate prior fiscal year ah M be used to § 86600. Short title calculate the amount of any refund. Notice of the disestablishment of an area shall be published once in a newspaper of general circulation in the city,not later than 15 days after the ordinance disestablishing diThie part shall be)mown and may the area Is adopted. IM" (Added by Stats.1989,o.591,12.) (Added by Stafs.1994,e.897(A B.87. Additions or changes Indicated by underline; deletions by asterisks • • • Additions or changes 204 "A r Y. D HIGHWAYS CODE: STREETS AND HIGHWAYS CODE § 36600 Historical and Statutory Notes 6561, added by Stata1979,a Derivation: Former 4 86681, added by Stats.1979, c- $72, 872,5 1. F ; c H 86560 to 36581. Repealed by Stats.1989,c.691,4 1 II. notice Historical and Statutory Notes 'with the revenue derived Section 866G0,added by Stata 1979,a 872,4 1,related Section 86663,added by Stats.110,a 872,4 1,related t :ce the modifications after to collection of aaeesaments and charges. See, now, to imposition of assessments or charges. i1i1 hearing and the proposed 4 86692 Section 88680,added by Stata1979,a 872,¢ 1,relating ordinance. See,now. .. Section 86661,added by Stafa1879,a 872 4 1.related to disestablishment of an area by ordit -,r. to changes In assessments,charges, or uses. See, now, r 11 36641,86642 436660. Section 8656'!,added by Stata1979,c.872,4 1,related Section 86581,added by Stats.19M,a 872,1 1,related to the basis of assessments or charges See. now. to disposition of proceeds upon disestabliahnent See, 136536. now,§ 86661. .: Part 7 ,i& PROPERTY AND BUSINESS IMPROVEMENT.DISTRICT LAW OF 1994 Chapter�P Section i 1. General Provisions................................................................36600 2. Establishment................................:....................................36620 3. Assessments .....................................................................36631 i. 4. Modification of Boundaries,Assessments,Improvements,or Activities ...............36640 6. Disestablishment..................................................................36650 Pa7t 7 was added by-Stats.1994, a 897(AB.8754), § 1. holding a public hearing CHAPTER 1 area prior to the public GENERAL PROVISIONS disestablishment, shall Article Section 1 dispose of any assets ..:: :nese' 1. Declarations ......................................................................36600 } improvement 2 Definitions.............. 36605 't ioption of the resolution """""""""""""............................... '136523. 3. Prior law................................................. .............36617 �. Chapter 1 was added by Stats.1994, a 897(A.B.8754), ¢ 1. Article 1 DECLARATIONS i Section Section ' i 36600. Short title. 36603. Preemption of charter city authority; ex- )m the levy of assess. 36601. Legislative findings and declarations. emption. a,shall be refunded to 36602 Purpose of part 86604. Construction of pare severabillty. I' sessments were levied nts levied in the fiscal. Article I was added by Stats.1994, a 897(A-R3754), § 1. year,the method and ' J year shall be used to 136600. Short title ; II be published once in iinsace disestablishing This part shall be]mown and may be cited as the"Pro i y "Property and Business Improvement District Law of 1994." (Added by Stats.1994,a 897(AB5754),¢ 1.) ISkes • • Additions or changes Indicated by underpins; deletions by asterisks 206 ............-. IT112-00 AGENDA DATE ITEM #_wwww. To: Mayor and City Council g•6T04,1W` C! From: Jan Howell Marx,Council Member �� DD DIR ❑FIN DIR Re: Greater Downtown Taskforce ❑FIRE CHIEF ORNEY 0 PW DIR Date: August 28, 2000 EMT RKIORIG ❑POLICE CHF ❑REC DIR ❑LML DIR It is important for the City Council to delineate planning functi and E3 PERS DIR (DA)functions as we consider the organization and upcoming decisions concerning the heart of t our city. With the Chinatown Project and others on the horizon, the need for on-going resident input into the Downtown planning process becomes more and more pressing. Furthermore, the Downtown does not exist in a vacuum. The blocks surrounding the.Downtown Association District(which I am dubbing the"Greater Downtown")are integral to the Downtown and crucial to consider in the context of physical planning,parking, circulation, neighborhood and historic preservation and urban infill. The Downtown Association,while it has an important role, has a narrow, short-term economic focus, which, while valid in itself, is not broad enough. Many DA members have businesses in the Downtown,but do not reside in San Luis Obispo. Many businesses send their profit to corporation headquarters outside the City and the County. With the over-priced Marsh Street Garage stalled and the Copeland Chinatown Project looming, we will have a huge parking deficit in the Downtown. This will make it necessary to spend a significant amount of General Fund money(not Parking Fund money due to the Downtown Association-initiated Council decision this winter)on alternate transportation and parking management in the Downtown and surrounding area It is not only good planning, but also only fair that an on-going Taskforce of City residents be involved in this planning process. Attached are the Main Street Certification Criteria and Eight Guiding Principles for your information. They illustrate the fact that a broad spectrum of"stakeholders" should be involved in the planning process for it to succeed. As it says on page 2:"In the case of an organization with a focus, such as a Downtown Business Association or merchant's organization, long-term success will depend greatly on the involvement of a much broader segment of the community such as residents, interested community members and civic leaders." I recommend that the appointment of a Greater Downtown Taskforce be placed on the agenda in the near future. Such a Taskforce should not be handpicked, but should be comprised of 7-11 qualified city residents who apply and are interviewed by the City Council,just as any other advisory body,except the D6_ The DA should have representation, but not a majority. We may wish to appoint liaisons who volunteer from the Planning,the Architectural Review,Mass Transit and the Culture Heritage Commissions. RQN,Downtown Concept Plan, Save the Downtown,environmental an historical group members, among others,would also have valuable input. Perhaps one or two City Council members should participate in the Taskforce, as a Council subcommittee. Community workshops would be an important component of this process. I believe that San Luis Obispo needs and deserves an integrated, collaborative planning process, not partisan Tangling, if our city is to realize its full potential. RECEIVED AUG 2 9 2000 SLO CITY CLERK Ten Certification Criteria&Eignt Guiding Principles Page 6 THE EIGHT GUIDING PRINCIPLES #1 A Comprehensive Approach to Revitalization. Unlike many revitalization strategies that have been tried in the past,the Main Street Approach is comprehensive, addressing all areas in which action must take place. In the past,portions of the district have been demolished in hopes of attracting a developer to build something new. Design improvements alone will not bring about meaningful change. Effective marketing,a strong organizational base and solid economic development strategies are all necessary to reverse the cycle of decay and sustain preservation activity. #2 A Reliance on Quality. A district's architecture tells the history of a community and reflects the pride past generations felt. Older buildings embody quality in construction,craft and style that cannot be replicated today. The quality inherent in its commercial architecture and in the services offered by its businesses make a district unique in the marketplace and gives it many marketing advantages. The Main Street program's projects should reflect this high level of quality to reinforce the district's special characteristics. #3 A Public-Private Partnership for Meaningful, Long-Term Revitalization. To make a revitalization program successful,both public and private entities must be involved,as neither can bring about change alone.Each sector has unique skills and particular areas in which it works most effectively. Combining the talents of both groups brings together all the skills necessary for revitalization to occur in a unified program. #4 Changing Attitudes. The economic changes experienced by traditional commercial districts in recent decades have made shoppers and investors skeptical about the district's ability to regain economic viability. Because of its physical decay,many people have forgotten how important a community's historic commercial buildings are to shaping its identity and explaining its unique history. Changing people's attitudes-demonstrating that positive change is taking place-is central to a successful revitalization program. #5 Focusing on Existing Assets. Each community is unique and has special characteristics that set it apart from all others. By creating a strong revitalization effort based on the district's unique heritage,a local Main Street program creates an organizational structure that builds on its own specific opportunities. #6 A Self-Help Program. Without the will to succeed and the desire to work hard to create change,no revitalization program will succeed. Grant programs can help fund pieces of the work plan and consultants can provide guidance,but without local initiative,the Main Street Approach will not work. #7 Incremental in Nature. Traditional commercial districts did not lose their economic strength overnight it happened over years,with small declines leading to a severe downward spiral. Improvement must be gradual as well. Cataclysmic changes, like those brought about by urban renewal's large-scale land.clearance programs have rarely created long-term economic growth.The Main Street Approach relies on a series of small improvements that begin to change public attitudes about the district,making the area's investment climate more favorable. Gradually,the small changes build to larger ones as the local organization gains strength and becomes efficient in mobilizing resources for revival. #8 Implementation Oriented. By identifying and prioritizing the major issues that a district must confront,revitalization organizations can develop work plans that break down the large issues into smaller tasks that can be accomplished by a strong network of volunteer support. ATTACHMENT 2 TEN CERTIFICATION CRITERIA & EIGHT GUIDING PRINCIPLE THE TEN CERTIFICATION CRITERIA 1. STRONG, BROAD-BASED PUBLIC AND PRIVATE SECTOR COMMUNITY SUPPORT FOR COMMERCIAL DISTRICT REVITALIZATION. Background: At its best, a local Main Street program represents and involves a coalition of organizations, agencies, businesses, and individuals from throughout the community—not just those who own property or businesses in the commercial district or have a direct economic tie to it, but all who are interested in the community's overall health. Involvement by both the public and private sectors is critical, as well. Neither sector can revitalize the commercial district without the skills and vantage points of the other. Ideally, both sectors will participate in the revitalization process by providing funding, leadership and ideas, and by encouraging collaboration between existing programs to assist the revitalization process. Broad involvement leverages the community's collective skills and resources to maximum advantage. Guidelines: ✓ The Main Street organization will have the active participation of various stakeholders at the committee and board levels, including: • local government • civic groups • regional planning groups • community development organizations • realtors and property owners • consumers • business owners • churches,temples,religious institutions • local industries • historic preservation organizations • financial institutions • school groups and students • transportation authorities • architects,contractors and developers • district and neighborhood residents • parking authorities ✓ Participants will contribute financial, in-kind, and volunteer support to the revitalization program. ✓ Participants will look for and act upon opportunities to network with other programs to further the Main Street revitalization efforts. ✓ The organization will commit to an ongoing process for volunteer recruitment, orientation and recognition, constantly refreshing its pool of volunteers and involving new people and ideas. 2. A STRONG ORGANIZATION WITH AN ACTIVE BOARD OF DIRECTORS. Background: Main Street revitalization is an ongoing process of changing a community's attitudes about its traditional commercial district(or districts). The direct involvement of an active board of directors and committees is key to this process. The Main Street Executive Director (or manager) is responsible for facilitating the work of volunteers,not for single-handedly revitalizing the commercial district. In some areas, local Main Street programs have been launched by other organizations that have a broader agenda such as a Ten Certification Criteria&Eight Guiding Principles Page 2 Chamber of Commerce or a Community Development Corporation. It is essential to the long-term success of a Main Street program housed in such an organization that the focus on this particular purpose is maintained by assuring that its mission statement, work plan, budget, and governing body remain distinct from that of the larger organization. In the case of an organization with a narrower focus, such as a Downtown Business Association or merchant's organization, long-term success will 2e-p—en-S greatly on the involvement of a much broader segment of the community such as residents, interested community members and civic leaders. Such an organization should amend its by-laws to allow for the active participation of additional members of the community. In some cases, a new organization will be created to become the `Main Street' organization. In this case, generally, a 501(c)(3) non-profit corporation will provide the advantages of fundraising and the ability to apply for and receive foundation and private sector grants. Guidelines: ✓ The board is a working board, not"figureheads." ✓ Committees actively develop and implement the program's annual work plan. ✓ The Main Street organization or program has a dedicated governing body and its own rules of operation or bylaws,even if the Main Street program is a part of a larger organization. ✓ The program provides ongoing training for board and committee members. 3. CLEAR ffiSTORIC PRESERVATION ETHIC. Background: Historic preservation is central to the Main Street program's purpose. The historic buildings and public spaces of a traditional commercial district enrich civic life and add value to the community. Developing a historic preservation ethic is an ongoing process of education and discovery for a community and for a local Main Street program. Main Street programs that have embraced a strong historic preservation ethic are successful in saving, rehabilitating, and finding new uses for traditional commercial buildings. These programs have succeeded in intensifying the uses of the district's buildings through both specific building improvement projects and through policy and regulatory changes that make it easier to develop property within the commercial district. Some Main Street programs purport to support preservation values, but do not fully understand that preservation is an ethic, not just an activity or group of activities. Historic preservation involves not only the process of rehabilitating, restoring, or renovating older commercial buildings but also the process of adopting planning and land use policies that encourage full use of existing commercial centers before new development takes place. It also involves removing regulatory and other barriers that sometimes make it difficult to attract investment to historic commercial districts. Guidelines: ✓ The program preserves a maximum of buildings and avoids demolition,except in very rare cases as a last resort. ✓ The program has(or is working towards putting in place) an active and effective design management program that may include financial incentives,design assistance, regulatory relief, design review, education,and other forms of management. ✓ The program encourages appropriate building renovation,restoration and rehabilitation projects. ✓ The program works to find creative adaptive use, financing, and physical rehabilitation solutions for preserving older buildings. Ten Certification Criteria&Eight Guiding Principles Page 3 ✓ The program recognizes the importance of planning and land use policies which support the revitalization of existing commercial centers and works towards putting planning and land use policies in.place which make it as easy(if not easier)to develop property within the commercial district as it is outside the commercial district. Similarly, it ensures that financing,technical assistance and other incentives are available to facilitate the process of attracting investment to the historic commercial district_ ✓ The program builds public awareness for the commercial district's historic buildings and for good design. 4. ADEQUATE OPERATING BUDGET WITH A DIVERSIFIED FUNDING PLAN SUFFICIENT TO MEET THE FUTURE NEEDS OF THE ORGANIZATION. Background: To be successful, a local Main Street program must have the financial resources necessary to carry out its annual and evolving program of work The size of a program's budget will change as the program matures (in its early years, it may need less money than in its growth years). Also, program budgets are likely to vary according to regional economic differences and community size. Guidelines: ✓ The Main Street program's budget will by adequate to achieve the program's goals and cover all necessary expenses such as salary and fringe benefits of staff,office expenses, travel, professional development and committee activities. ✓ There will be a budget specifically dedicated for the purpose of revitalizing the commercial district even if a part of a larger organizational budget. ✓ The dollar amount that is"adequate" for a program budget will vary from region to region depending on local costs of living, and may be different for small-town, mid-size,and urban Main Street programs. ✓ The average annual operating budget for California's Main Street cities is$185,000. ✓ Recommended minimum operating budgets: small town programs$40,000+annually,mid-size community programs$150,000+annually, city programs$200,000+annually. 5. ORGANIZATIONAL VISION AND MISSION STATEMENTS RELEVANT TO COMMUNITY CONDITIONS AND GOALS. Background: A vision statement communicates the Main Street organization's/programs long-term hopes and intentions for the commercial district. A mission statement communicates the Main Street organization's sense of purpose and overall direction. Guidelines: ✓ Some revitalization programs begin with a vision statement; others develop a vision statement after several years of work. At a minimum, the Main Street organization shall have a mission statement in place,reviewed annually and updated, if appropriate. Ten Certification Criteria&Eight Guiding Principles Page 4 6. COMPREHENSIVE `FOUR-POINT' MAIN STREET WORK PLAN WITH ACTIVE STANDING COMMITTEES. Background: A comprehensive work plan provides a detailed blueprint for the Main Street program's activities. It reinforces the program's accountability both within the organization and also in the broader community and provides measurable objectives by which the program can track its progress. Guidelines: ✓ The work plan will contain a balance of activities in each of the four broad program areas that comprise the Main Street approach: design,promotion, economic restructuring, and organization. ✓ The work plan will contain measurable objectives, including timelines,budgets, desired outcomes, and specific responsibilities. ✓ Ideally,the full board and committees will be involved in developing the work plan which shall be reviewed and a new work plan developed at least every two years. ✓ The work plan will distribute work activities and tasks to a broad range of volunteers and program participants. 7. PAID, PROFESSIONAL FULL-TIME MAIN STREET EXECUTIVE DIRECTOR. Background: Coordinating a successful Main Street program requires a trained,professional staff person. While Main Street Executive Directors/Managers come from a broad range of academic and professional backgrounds, the most successful Directors are good communicators, people who can motivate volunteers, and who have good project management skills. Being able to keep the revitalization program's many activities moving forward on schedule and within budget is also critical to success. The Main Street Executive Director/Manager's position is a full-time position dedicated to the Main Street Program activities(generally 40+hours per week). In small towns without the resources to hire a full-time Director/Manager, a part-time staff may be negotiated with the State Program. Guidelines: ✓ The Main Street Executive Director/Manager will be paid a salary consistent with those of other community development professionals within the city or region in which the program operates. ✓ The minimum amount of time the Main Street Executive Director/Manager works each week will be consistent with comparably sized Main Street programs. ✓ The Executive Director/Manager will be adequately trained and will continue to learn about revitalization techniques and issues affecting traditional commercial districts. 8. COMMITMENT TO ONGOING TRAINING AND EDUCATIONAL PROGRAMS FOR STAFF AND VOLUNTEERS. Background: To meet new challenges and ensure a strong organization, Main Street program participants need ongoing training. Both staff and volunteers need different skills in different phases of the revitalization process, and as staff and volunteer tumover occurs new staff members and new volunteers will need basic Main Street training. All program participants should stay current on issues that affect traditional commercial districts and on new revitalization techniques and models by taking advantage of trainings Ten Certification Criteria&Eight Guiding Principles Page 5 offered including: California Main Street Network meetings, annual conferences and the National Town Meeting on Main Street. Guidelines: ✓ The local Main Street program develops local leadership capacity through mechanisms such as citywide, state, regional and national training opportunities; making reference and training materials available locally; and providing, conducting and attending training when appropriate, including the annual California Main Street.Training Institute, annual orientation for board members, and annual committee training. 9. COMMITMENT TO COLLECT, UNDERSTAND AND REPORT BASELINE ECONOMIC AND OTHER DATA. Background: Tracldng reinvestment,job and business creation, and other statistics provide tangible measurements of the local Main Street program's progress and are crucial to garnering financial and programmatic support for the revitalization effort. Statistics must be collected on a regular, ongoing basis and provided to both the State and National Main Street programs. Guidelines: ✓ The program will submit regular reports as specified by the California Main Street program. ✓ Baseline data shall include the following: new jobs created,jobs retained, new businesses, business retained, number of building rehabilitation and new construction projects, dollars invested, number of public improvements projects, number of new housing units created, number and value of property transactions,overall assessed value of property within the district and commercial rents. 10.ANNUAL MEMBERSHIP IN THE NATIONAL MAIN STREET CENTER. Background: Participation in the National Main Street network connects local programs to their counterparts throughout the nation,providing them with valuable information and resources. Guidelines: ✓ Program has current standard-level membership in the National Main Street Network MFqINGOD AGENDA ITEM #gm m, communICAtIon • August 24 2000 eODUCIL ,. 5KCAO ❑ c ErATTORNEY ❑`, TO: Council Colleagues WtLERKIORIG ❑FI :;. �� �•;G al ❑SEC Di FROM: Allen Settle ❑UTIL DIR ❑PERS DIR SUBJECT: Non-Taxable Sales of Big Box Stores I would like to request that the Council agendize for review an ordinance similar to that passed by SLO County and three other cities pertaining to non-taxable sales of "big box" stores. It appears that a point made by such individuals as Chris Ivey are appropriate for this Council to consider. I would suggest this as an item for discussion and review at the meeting of 9/19/00. AKS:ss • RECEIVED AUG 2 5 2000 SLO C11-Y CLERK 3 MEET6.,0 AGENDA memoRanaum EIS # QM August 25, 2000 TO: Mayor and City Council FROM: Council Members Jan How M and Dave Romero SUBJECT: Ordinance Limitingthe Sale of Non-Taxable Items (Groceries) in "Big Box" Stores The Cities of Arroyo Grande, Paso Robles and Santa Maria have recently passed ordinances limiting the sale of non-taxable items (groceries) in"big box" stores. The County of San Luis Obispo followed suit August 22, 2000. This makes it important that our City consider enacting such a measure, tailored to our specific needs in the near future. Attached is the Arroyo Grande ordinance for your analysis and review. If any"big box"projects come before the Council before such a measure can be enacted, we recommend placing conditions on them regarding the sale of non-taxable items. Attached is a draft of such conditions. Since there are many large commercial developments in the "pipeline" at this time, we request that the Council place this item on the agenda as soon as possible. AS 9000UNCIL dc�P! R•CAO 111•I C'. Attachments ID19CAO ❑F1 R7 C:!!:. GKTTORNEY ❑PW DIR GXLERKIORIG ❑POLICE CHF ❑MGMT TEAM ❑REC DIR �7tu6tiut^c ❑UTIL DIR W &AZAZ r'teL O PIERS DIR ✓S40LI\w(Gk RECEIVED AUG 2 5 2000 S1.n rIT�.� �� ,`K- 10.b. Q pitROVO O cP FINCORiOAATED YZ V T it A&* 10. f9ll + MEMORANDUM P C441FOWS TO: CITY COUNCIL FROM: HENRY ENGEN, INTERIM COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PROPOSED ADOPTION OF ORDINANCE LIMITING NON- TAXABLE SALES IN RETAIL STORES EXCEEDING 90,000 SQUARE FEET (DEVELOPMENT CODE AMENDMENT 99-001) DATE: JULY 13, 1999 RECOMMENDATION: It is recommended.the City Council: • adopt the attached ordinance amending the text of the Development Code to add a section to Chapter 9-11, Specific Use Development Standards, entitled: "Limitations on Retail Stores in Excess of 90,000 Square Feet"; and, • direct the Administrative Services Director to file a Notice of Exemption with the County Recorder. FUNDING: No direct fiscal impact. The City receives sales tax revenue from existing retail sales within the City. Adoption of the ordinance would support existing retail stores and therefore support continued sales tax revenues. It is problematic whether the limitations on non-taxable floor space would deter any new large- scale retail store from developing. DISCUSSION: The City Council, at its meeting of June 22"d, introduced the attached ordinance for first reading with one modification. The modification was to Section 1, Item E.I. The modification is as follows: E. Enforcement 1. The applicant, owner and tenant shall be jointly and severally liable to the City and all other affected government agencies for all sales taxeslost as a result of a violation. In addition, they shall be liable for liquidated damages of$5G8 CITY COUNCIL JULY 13, 1999 PAGE 2 $1,000 per day for each day a violation occurs, which reflects the City's estimate of its likely damages in addition to lost taxes. Altematives The following alternatives are presented for Council consideration: 1. Adopt the attached Ordinance; 2. Modify as appropriate and introduce the modified Ordinance for first reading; 3. Reject the Ordinance; 4. Provide direction to staff. ORDINANCE NO. 506 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, AMENDING TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE BY ADDING THERETO SECTION 9-11.210 ENTITLED "LIMITATIONS ON RETAIL STORES IN EXCESS OF 90,000 SQUARE FEET" " WHEREAS, the City of Arroyo Grande has conducted an environmental review for adoption of an ordinance establishing procedures to provide for the limitation of development of retail stores in the City of Arroyo Grande, and has found that it can be seen with certainty that there is no possibility that the proposed ordinance will have an effect on the environment and therefore is exempt from the provisions of the California Environmental Quality Act, Public Resources Code Section 21000, et seq.; and WHEREAS, the City Council adopted the City of Arroyo Grande Development Code, which became effective June 13, 1991, and indicated that modifications to the Development Code may occur to refine the document; and WHEREAS, the City of Arroyo Grande has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and WHEREAS, the Land Use Element of the General Plan of the City of Arroyo Grande adopted on May 22, 1990, identifies as an objective the maintenance of the existing rural, small town character of the City, and to maintain existing land use patterns in support thereof; and WHEREAS, the Planning Commission of the City of Arroyo Grande considered this proposed amendment to the Development Code at a duly noticed meeting on May 4, 1999 and recommends the City Council adopt the requested amendment; and WHEREAS, the City Council has properly considered and made findings which are described in the ordinance in support of adoption of the ordinance; and WHEREAS, the City Council has reviewed and considered the information in the staff report, as well as public testimony presented at the hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Code, Title 9, Chapter 11, is hereby amended to add the following: 7RDINANCE NO. 506 C.S. .)AGE 2 Section 9-11.210 Limitations on Retail Stores in Excess of 90 000 Square Feet A. Purpose To limit the development of large retail stores by restricting their ability to sell non- taxable items to such an extent that they negatively impact the rural, small town character of the City and change existing land use patterns. B. Findings 1. The City of Arroyo Grande, through its General Plan, has identified protection of its rural, small town character and existing land'use patterns as a primary goal. • . 2. Large retail stores that sell non-taxable items compete with existing retail centers in a manner that may have potential adverse impacts on the rural, small town character of the City of Arroyo Grande. 3. Such large retail stores would also negatively impact existing smaller stores and their workforces making the existing rural, small town shopping centers less viable; thus degrading the continued existence of existing retail stores and existing land use patterns. 4. The burdens on the public of large new stores can only be ameliorated by ensuring that they provide sufficient sales tax revenue to the City. C. Applicability No new store may be constructed in excess of 90,000 square feet, nor an existing store expanded, if the resulting total square footage will exceed 90,000 square feet, unless it meets the standards for the sale of non-taxable merchandise set forth below. D. Limits on Non-Taxable Sales 1. If total square footage for sales is to exceed 250,000 square feet, no more than one percent (1%) of total square footage may be devoted to non- taxable merchandise. 2. If total square footage for sales is to exceed 140,000 square feet, no more than two percent (2%) of total square footage may be devoted to non- taxable merchandise. ORDINANCE NO. 506 C.S. PAGE 3 3. If total square footage for sales is to exceed 90,000 square feet, no more than three percent (3%) of total square footage may be devoted to non- taxable merchandise. For purposes of the above calculations, only enclosed sales area will be considered. "Enclosed sales area" does not include restrooms, office space, breakrooms, backrooms, storage space, open-air garden sales space, etc. Conversions of such space to enclosed retail sales space shall bring the project under the restrictions of the above-described limits. The total square footage and percentage for non-taxable sales shall include subleased and subcontracted departments. E. Enforcement 1. The applicant, owner and tenant shall be jointly and severally liable to the City and all other affected government agencies for all sales taxes lost as a result of a violation. In addition, they shall be liable for liquidated damages of$1,000 per day for each day a violation occurs, which reflects the City's estimate of its likely damages in addition to lost taxes. 2. In addition to subparagraph 1, the City Attorney may seek injunctive relief to stop the continued violation of this ordinance. 3. The City may recover its full costs, including attorney fees, in any action to enforce the provisions of this ordinance. 4. Any taxpayer or resident of the City shall have standing to enforce the provisions of this ordinance including recovery of all costs and reasonable attorney fees. SECTION 2: The City Council hereby directs the Director of Administrative Services to file a "Notice of Exemption"with the County Recorder. SECTION 3: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unlawful. SECTION 4: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days priorlo the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full )RDINANCE NO. 506 C.S. PAGE 4 text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services shall post a certified copy of the full text of such adopted Ordinance. On motion of Council Member, seconded by Council Member, and on the following roll call .vote, to-wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of 1999. (Attachment "C") PROPOSED AMENDMENT TO THE GENERAL PLAN OF THE CITY OF SAN LUIS OBISPO CONDITIONING DEVELOPMENT OF LARGE NEW RETAIL STORES ON COMMITMENT TO PROVIDE THE CITY WITH SALES TAXES A. FINDINGS The City Council finds as follows: 1. Development of new large retail stores adds traffic and burdens publicly-funded services such as police, fire and public health for such stores' employees; 2. Such stores detract from the atmosphere and aesthetics of communities such as ours, and consume land which would otherwise be valuable to the community as open space or as a site of superior employment opportunities; 3. Such stores often negatively impact existing smaller stores and their workforces, which generates blight and public costs; 4. The burdens on the public of large new stores can only be ameliorated by ensuring that they provide sufficient sales tax revenue to the city. B. LIMITS ON LARGE NEW STORES: No new store may be constructed in excess of 90,000 square feet, nor an existing store expanded if the resulting total square footage will exceed 90,000 square feet, unless the applicant agrees to the limit on nontaxable sales area and enforcement provisions set forth below; C. LIMITS ON NON-TAXABLE SALES: 1. If total square footage for sales is to exceed 250,000 square feet, no more than I% may be devoted to non-taxable merchandise. 2. If total square footage for sales is to exceed 140,000 square feet, no more than 2% may be devoted to non-taxable merchandise. 3. If total square footage for sales is to exceed 90,000 square feet, no more than 3% may be devoted to non-taxable merchandise. For purposed of this section, the sales and square footage of adjacent stores shall be aggregated if the stores share check stands, management, a controlling ownership interest, a warehouse, or a distribution facility. Only enclosed sales area will be considered. "Enclosed sales area" does not include restrooms, office space, break rooms, backrooms, storage space, open-air garden sales space, etc. Conversions of such space to enclosed retail sales space shall bring the project under the above limits. The total square footage and percentage for non-taxable sales shall include subleased and subcontracted departments. lof 2 - r D. ENFORCEMEN ?ROVISIONS; 1. The applicant, owner, and tenant will be required to present undertakings agreeing to comply with the terms of this section. 2. The applicant, owner, and tenant shall annually file a report with the City and County government where the retail store is located specifying the square footage of the retail store devoted to the sale of non-taxable merchandise during the previous year. 3. The applicant, owner, and tenant shall be jointly and severally liable to the City and all other effected government agencies for all sales taxes lost as a result of a violation. In addition, they shall be liable for liquidated damages of at least $1000.00 per day for each day a violation occurs, which reflects the City's current estimate of its likely damages in addition to lost taxes. 4. If the violation continues (7) seven calendar days following receipt of a notice of violation from the City, all City permits and licenses applicable to the operation of the store may be revoked. 5. However, if there are more than 60 total days of violation during . any calendar year, all City permits and licenses shall be revoked, in addition to the remedies set forth herein. 6. In addition to subparagraph 3, the City Attorney may seek injunctive relief to stop the continued violation of this ordinance. 7. The City may recover its full costs, including attorney fees, in any action to enforce the provisions of this ordinance. 8. Any person shall have standing to enforce the provisions of this ordinance including recovery of all costs and reasonable attorney fees. E. SEVERABILITY 1. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision paragraph, sentence, clause or phrases be declared unlawful. 2of 2 MEE► AGENDA a A A b communication UAIt August 29, 2000 TO: Mayor and City Council FROM: Jan Howell Marx SUBJECT: Cal Poly Fare Free Bus Progr Attached is an email I received from Richard Lee, a member of our Bicycle Advisory Committee. It seems that Cal Poly has decided not to fund its portion of the bill for the bus fare, which is free to Cal Poly students and staff. I suggest that Council direct staff to investigate this issue and consider whether Professor Lee's proposal might work from the City's point of view. Also, staff should recommend to Council how we can resolve this apparent impasse. JHM:ss 3065'NCIL O CDD DIR Attachment f A00 0 FIN DIR ISE CHIEF T' TTORNEY 3 W [9CLERKIORIG O DIR R ❑h1GMT TEAM POLICE CHF a f t]REC DIR RIjbUAI 0 UTIL DIR ❑PERS DIR T• 5Qf1 V:U� ✓ A O'Deal RECEIVED AUG 1 91000 SLO CiT -;' CLERK Page I of 2 From: Richard W. Lee <rvAee@calpoly.edu> To: vstover@calpoly.edu <vstover@calpoly.edu> Cc: djanderson@calpoly.edu <djanderson@calpoly.edu>; ccampbell@calpoly.edu <ccampbell@calpoly.edu>; Idalton@calpoly.edu <Idalton@calpoly.edu> Date: Monday, August 28, 2000 1:53 PM Subject: Proposed Win-win solution to keep the Cal Poly fare-free bus program. ............. .............. ......... . ........................ .......... . . ........................... Dear Vicki et al: I have outlined the solution that we discussed on the telephone Thursday. At that time you indicated that the program could be retained if funding to cover the shortfall were located. In effect, I believe I have located that program. Let me know your thoughts! Note: the Word attachment is essentially the same text. Dr. Richard Lee City & Regional Planning 6-2573 rwiee@calpoly.edu ftm********a******************************** A Proposal to Retain Fare Free Buses at Cal Poly The Situation: Cal Poly currently plans to end its 15 year-old.fare-free transit program on October 1, 2000. Beginning on that date, the University will begin charging $18/quarter or $45 a year to students, faculty and staff for transit passes. The rationale for eliminating the fare-free program is a funding shortfall of$62,900. The City-run transit agency (SLO Transit) has requested $187,900 for 2000-2001; the University intends to keep its contribution at$125,000 per year as it has for several years. As yet, no third party has offered to make up the difference. The Solution. A simple yet effective solution is already being implemented in that the university is planning to collect funds sufficient to retain the program. If only 1,400 students and employees buy the $45 passes, the University will collect $63,000 - enough to fund the shortfall. (The required number represents about than 8 percent of the Cal Poly community, and about half the number of persons at Cal Poly who ride on a regular basis). My proposal is this: Students, faculty and staff buying the passes should be given the chance to indicate at the time of purchase whether or not they would like their payment be used to keep the buses free for all. Should funds collected in this manner or from other sources exceed the $63,000, students could be given a refund. The refund would provide an added incentive to, in effect, choose a "Cal Poly Family" pass over an individual bus pass. Should the fund fall short, students purchasing a bus pass would still have a bus pass. This would be an interim plan only, since a proposal to fund the deficit through student fees will likely be voted on next spring. naQP ? nf 2 As I and others have detailed, keeping the buses free has tremendous benefits in terms of parking and congestion relief. There are also substantial environmental and safety benefits, and the benefit of always having a back-up form of transport when a car is unavailable. There are direct benefits for the university. Once the fare free system is re-established, Cal Poly will save administrative costs associated with printing selling, and tracking transit passes. Retaining fare-free transit will also preclude the need for checking the validity of transit passes. Finally, the University would be seen as acting in the interests of the larger community and within the spirit of the Cal Poly Master Plan.