HomeMy WebLinkAboutR-2007-030 Set Hearing Date; Increase Yakima Downtown Parking & Business Improvement Area (PBIA)RESOLUTION NO. R-2007-30
A RESOLUTION expressing the Yakima City Council's intent to expand the
boundaries of and increase the assessment rates for the
Parking and Business Improvement Area No.1, a parking
and business improvement area (hereinafter "PBIA"); and
fixing a date, time and place for a public hearing on the
proposed expansion of and increased assessment rate for
said PBIA.
WHEREAS, the Committee for Downtown Yakima (hereinafter CDY) has
requested that the Yakima City Council consider expanding the present Parking and
Business Improvement Area No. 1 (hereinafter PBIA), previously renewed and reformed
on May 7, 2002 by Ordinance No. 2002-26 and fully described in Exhibit "A", (the
Initiating Resolution, attached hereto and incorporated herein by this reference) to
increase the assessment area of the present PBIA, together with increasing the current
assessment rates for businesses located within the present PBIA, in order to provide
sufficient funding to fulfill the necessary maintenance, upkeep and safety oversight
required therein; and
WHEREAS, the area that is being considered as an expansion of the present
Downtown Yakima PBIA is geographically adjacent to the present PBIA boundary, the
boundaries of said proposed expansion area being East 'A' Street on the north, 7th
Street on the east, Chestnut Street on the south and the east boundary of the present
PBIA on the west; and
WHEREAS, there have been no previous modifications to the present PBIA
boundaries within the past year; and
WHEREAS, the assessment role for the proposed expansion area shall not be
greater than ten percent of the current PBIA assessment role; and
WHEREAS, the assessment rates for the proposed expansion area would be
established pursuant to the requirements of RCW 35.87A.080 and 35.87A.090, together
with any other applicable provisions of RCW Chapter 35.87A; and
WHEREAS, the current assessment rates within the present PBIA have not been
increased since the renewal and reformation of the PBIA in May, 2002 and the current
assessment income is insufficient to provide the services the PBIA was established to
provide; and
WHEREAS, CDY has requested that the City Council increase the assessment
rates by one hundred percent (100%) within the present PBIA area and establish the
assessment rates within the proposed expansion area at the same increased level of
assessment in order to provide the funds necessary to accomplish the stated purposes
(jc)res/Downtown Yakima. PBIA 1
and under the same conditions as exist for the present PBIA, for all businesses within
the present PBIA boundaries as well as those within the proposed expansion
boundaries; and
WHEREAS, the proposed increased rate of assessments shall be levied upon
the following classes of business at the following rates:
Number of Business Assessment Rate
Employees* Classification Per Employee
1-5 Retail $40.00
6 and over Retail 80.00
1-5 Service 20.00
6 and over Service 40.00
*An employee is defined as any person or combination of persons whose
total working hours equal 40 hours per week, i.e., total hours worked by all personnel
(including management) in the previous calendar year divided by 52 weeks (average
working hours per week) and divided by 40 hours equals average number of employees.
Fractions of employees equaling 0.5 or greater will be rounded up to the next whole
number.
These proposed assessment rates would be levied upon all businesses located within
the present PBIA as well as within the proposed expansion area identified herein; and
WHEREAS, the City Council wishes to set a public hearing for consideration of
this proposed PBIA expansion and assessment increase, said hearing to be held in the
Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA, on Tuesday, April 3,
2007 at 7:00 pm; Now, Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Tuesday, April 3, 2007 is the date set for a public hearing concerning expansion
of the Downtown Yakima Business Improvement Association together with increasing
the assessment rates levied therein, said public hearing to commence at 7:00 pm in the
Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA
ADOPTED BY THE CITY COUNCIL this 6th day of rch, 2007.
4 ;1jr
David Edler, ayor
ATTEST:
/69-6-FN-ak, -)
City Clerk
(ic)res/Downtown Yakima. PBIA
Yakima City Council
Study Session
February 22, 2007
To: Honorable Mayor and City Council Members
Dick Zais, City Manager
From: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
Subject: Presentation from Committee for Downtown Yakima regarding proposal to
expand the Parking Benefit Improvement Area (PBIA) and a contract to
maintain the Central Business District (CBD)
The Committee for Downtown Yakima, chaired by Doug Picatti, will be presenting a
Power Point presentation at your study session showing an analysis of the current PBIA,
the need for expansion, the rules governing the change, and the Committee's
recommendations.
The Committee for Downtown Yakima is comprised of the following Board of Directors:
• Doug Picatti Picatti Brothers
• Craig Rath Valley Brook Construction
• John Baule Yakima Valley Museum
• Joe Mann Ron's Coin and Books
• Jamie Stickel Yakima Herald -Republic
• Kathy Coffey Visitors and Convention Bureau
• Jack Cannon Design Ltd.
• Liz McGree JEM Development
• Monica Weyhe Yakima Regional Library
• Mike McMurray Yakima Bears
• Barbara Greco For a Better Tomorrow
• Mike Morrisette Chamber of Commerce
• Dave Picatti Cafe Melange
• Norm Johnson City Council Member
• Dick Zais City Manager
• Steve Gibson Urban Place Consulting
Attachment "A" is the Committee's 2007 Draft Work Plan. It entails four major work
categories:
I. Economic Development
II. Communication
III. Improving the User Experience
IV. Developing Long -Term Funding
The focus of the February 27, 2007 Study Session is on two categories:
III. Improving the User Experience
A. Maintenance: Implement a downtown maintenance and beautification
program throughout the core of downtown, and ._�
IV. Developing Long -Term Funding
A. PBIA renewal and expansion: Work with the downtown property owners
and businesses to develop consensus for renewing and expanding the
current Parking and Business Irnprovement Area (PBI -A)•
The other categories in the 2007 draft Work Plan will be presented at later Council
sessions.
Downtown Maintenance
The Parks and Recreation Division has provided the maintenance and landscaping for
the 16 -block Central Business District (CBD). Revenues from the parking lot stations
provided the support for this work function.
Up until eight years ago, a private contractor was responsible for maintenance functions
in the core downtown. During that time there were a number of issues with the quality
of service and the cost for service; and, when the contract ended, the project was
transferred to the Parks and Recreation Division. At that time there was sufficient
money to cover the City's operational cost for maintenance. That is not the case today.
Attachment "B" is a Policy Issue/Council Information Item addressing maintenance
considerations for the downtown. With the Downtown Yakima Futures Initiative project
under way, steps need to be taken to maintain the beauty and aesthetics of the
downtown area, now and in the future. As the Policy Issue/Council Information Item
states, staff recommends contracting out all maintenance and landscaping functions.
Furthermore, staff suggests that the private contract be managed by the Committee for
Downtown Yakima (CDY). In the 2007 Parks and Recreation budget, $50,000 is
allocated under professional services to contribute toward that contract. (Note: The City
hag the legal nntinn to n4'Crnt44te µ i -outran± with C'T'V or to o^11 for other ooropetitivo
proposals for this professional services contract. However, since this work is not a
public works project, formal, competitive bidding is not required.)
Attachment "C" is a map showing the future build -out and the magnitude of the project
and the enhanced areas to maintain in future years.
Attachment "D" is a letter from Bob Busse, Chair of the Parks and Recreation
Commission, expressing support and concern toward the future responsibility of
maintenance of the downtown. The Parks and Recreation Commission is concerned that
if additional duties are required of Park Maintenance staff without appropriate revenues
to offset expenditures, then maintenance in all other parks will suffer.
PBIA Renewal and Expansion
Urban Place Consulting Group Inc. has worked closely with the Committee for
Downtown Yakima to analyze the current downtown funding structure, the future
needs of the downtown, and options for expansion of the PBIA area. Attachment "E" is
a copy of the Power Point presentation that will be shown at Tuesday's meeting. As
the Committee will discuss with you, they are recommending your approval to expand
to Area "C" for increased assessments of $3,252 annually, increase current
assessment rates 100% to generate an additional $72,184 annually, and to contract
with the Committee for Downtown Yakima to administer operation of the downtown
area including maintenance.
Staff Summary
Staff respectfully recommends the following:
1) That the City Council accepts the recommendations of the Committee for
Downtown Yakima and asks them to:
A. Secure business community support to expand the expansion of the
PBIA area. This would include approaching affected businesses, and
petitioning the City Council to conduct necessary public hearings for the
Council to consider legislation that expands the PBIA area.
B. Secure business community support to increase assessment rates by
100%. This would generate an additional $72,184 annually.
Implementation would include contacting PBIA businesses to seek
support and to petition the Council to conduct a public hearing, and
consider legislation to increase assessment rates.
2) Pursuant. to the above, direct City Management to negotiate a contract with the
Committee for Downtown Yakima to perform all maintenance and landscaping
duties in the downtown core. This would include working with City Legal, the
Parks and Recreation Division and the Purchasing Division to develop a scope
of work, performance measures, and contract language to assist the Committee
for Downtown Yakima in seeking a contractor to provide needed services.
Additional Attachments
Attachment "F"— Minutes from the January 24, 2007 meeting of the Council
Economic Development and Downtown Futures Initiative Committees.
Attachment "G"— State statute governing the formation, implementation and
management of a PBIA.
-3-
Attachment "A"
Committee for Downtown Yakima
Downtown Yakima Foundation
2007 Draft Work Plan
Operation Downtown Kenaissance
"To lead and implement the renaissance of
downtown; making it the premiere gathering place
of central Washington."
Core purpose of the Committee for Downtown Yakima
January 31, 2007
Urban Place Consulting 1
Creating the Environment for Investment in Downtown
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., �.�»:a work �.�.... .ar+ �vve c....,c.cmv nota accv ivary .. a..c .- plan and LeLJI ILII ii.dW� Ll leo
work in the three crucial elements, economic development, communication and
imnrovinr/ the downtown Awn 1Icer experience Each of the element
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nIq ivv.1ly ■Ila. a.lvvn1L.JYr11 I1 I cAJ IICilI'.. . L..QL.11 vl LAGS cIGIilel1tJ is crucial! to
achieving the goal of making Yakima the Premier Gathering Place of Central
Washington. The work plan defines specific programs to be implemented within
each of the elements.
The main difference between the 2007 work plan and 2006 is the shift of
emphasis and priority from communication and improving the user experience to
economic development. Also a new area of work was added focusing on
developing long term funding sources.
2007 WORK PLAN IN SUMMARY
I. Economic Development
A. Strategic Deveionment imnlementation Plan' f;avaloo co's ens s
and support among public and private stakeholders to implement the plan.
B. Retail: Develop programs to support existing Downtown retail. Develop
strategic retail implementation plan to attract new retail to Downtown.
C. Office: Develop programs to support existing office tenants and attract
new office tenants to Downtown. Retain public roses City/County/State in
Downtown.
D. Residential Core: -Facilitate the rehabilitation of upper floors in existing -
buildings to residential use. Facilitate new dense residential development
on existing vacant downtown sites. Work to remove barriers and attract
financial resources.
F. Residential Neighborhood: Work with City and property owners to
focus available resources on improving the downtown neighborhoods.
Create a demonstrationblock and if necessary Downtown Yakima
Foundation to act as a non-profit developer.
11. Conirnunication: Develop consistent communication on many levels to
overcome the negative perception of Downtown and to communicate the
positive change, the Renaissance that is occurring in Downtown.
Urban Place Consulting
2
111. Improving the User Experience
A. Maintenance: Implement a downtown maintenance and beautification
program throughout the core of downtown.
B. Safety: Develop programs and resources to focus on downtown safety
issues. Create a safe environment that will overcome the negative
perception and will attract users and businesses back to downtown.
C. Parking: Assume responsibility for parking in the downtown core,
including management, maintenance and improvements. Establish
Downtown Parking Authority and Downtown Parking Enterprise Fund.
D. Physical Environment: Create a pedestrian friendly experience that
attracts users to gather in downtown and connects the convention center
to all the downtown attractions.
C. Access: Improve automobile circulation to and within downtown.
Increase on street parking options.
D. Community Gathering: Facilitate and encourage more community
events in Downtown.
IV. Developing Long Term Funding
A. PBIA Renewal and Expansion: Work with the downtown property
owners and businesses to develop consensus for renewing and
expanding the current Parking and Business Improvement Area.
B. State B&O Tax Program: Achieve certification of the Committee for
Downtown Yakima and Downtown Yakima as qualified participants in
the State Main Street Program B&O tax rebate,
C. Grant and Foundation Funding: Explore the possibilities of
accessing grants and foundation funding to finance programs.
Urban Place Consulting 3
2007 WORK PLAN IN DETAIL
L Economic Development
A. Retail Development Programs
1. Retain and strengthen existing retail
a. Form Downtown Retail Subcommittee, of the Committee for
Downtown Yakima, to encourage retail business participation in
creating and implementing retail support programs.
b. Create downtown business directory (see communication plan)
c. Improve and update retail page on web site. (see communication
plan)
d. Support the creation of more downtown events. Improve the linkage
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e. Create co-op marketing opportunities for downtown businesses.
f. Identify existing barriers or issues facing retail businesses and
develop programs to address the issues.
2. Develop new retail in downtown.
a. Develop strategic retail implementation pian to attract new retail to
downtown.
b. Update database of properties that provide retail space, track
Occupancy rates.
c Proactively recruit new retail businesses to downtown.
Es. Office Development Programs
1. Develop programs to address the needs of tenants and office workers
based upon a survey and inventory of office tenants currently in
downtown,
2. Work with the County to:
a. Retain existing County uses in downtown
b. Create a development plan for County property in downtown.
3. Update the database of properties that provide office space, track
occupancy rates.
4. Develop program to proactively recruit new office tenants to downtown.
C. Core Residential Development Programs
1. Develop upper floor residential
a. Sponsor a residential development seminar bringing outside
experts and local property owners and developers together.
b. Work with the City to define issues and barriers to rehab
construction and develop programs to address the issues.
c. Create a demonstration project.
d. Identify funding sources
Urban Place Consulting 4
2. Facilitate the development of a residential master plan for downtown.
a. Identify potential development sites.
b. Create development guidelines for new development
D. Residential Neighborhood Development
1. Develop a partnership with the City to focus resources on the downtown
neighborhoods.
2. Identify public and private sources of funds to invest in the neighborhoods.
3. Create a property improvement program for owners.
a. Low interest/grant loan program
b. Architecture/construction consulting program
Proactively seek developers and owners to work in downtown neighborhood.
U. Communication
Communication Programs
1. Media Relations
a. Press releases
b. Media kit
c. Write and place stories
2. Monthly Update
a. One page
b. E-mailed
c. Board and close friends
3. Quarterly Newsletter
a. Two pages, probably grow to four pages, grow to by -monthly
b. Continue partnership with Yakima Herald & hand delivered
c. Board, City/County employees, elected officials, downtown
businesses, downtown property owners.
4. Speaking Circuit — on going
a. Service Clubs
b. Non-profit boards
c. Business meetings
5. Web Site — Continue improving and updating
a. Home page
b. What's happening downtown page
c. Directory of businesses and services page
d. Economic development page
e. Links to other downtown organizations
6. Business/Services Directory
7. Downtown Annual Meeting
8. Market/Opinion Research
9. Market/Facilitate Special Events
Urban Place Consulting 5
III. Improving the Downtown User Experience
A. Maintenance Programs
1. Develop and manage year round downtown maintenance program
2. Develop and implement downtown landscape and beautification program
B. Safe Programs
1. Seasonal Ambassador Program
2. Encourage and support the police department in its efforts to expand its
force.
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iL..Aaul cis4 LrLJiiiii iuiiilV ulJiilr111�, wC111‘11 IV UdLI UUVVl ILUVW ,
C. Pedestrian Experience Physical Improvements
1. Support the Downtown Futures Initiative and its expansion to the
Westside.s Wnrk to improve aI! aspects of the edestrian expori.r� nce
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a. Inventory existing conditions
b. Create a data base with those conditions and hegin reporting to
appropriate city departments for repair.
3. Improve the pedestrian lighting in Downtown
a. Inventory lighting on the sidewalks, alleys and parking lots.
b. Work to Increase lighting where necessary.
c. Encourage up -lighting of historic buildings and iighting inside
businesses.
d. Investigate granting and other funding sources with local utility
' J!!!pa!!y.
4. Increase the number of sidewalk dinning venues.
5. Facade Improvement Program
a. Work with City agencies and historic preservation and downtown
property owners to encourage more facade improvements.
D. Community Gathering Programs
1. Work with other organizations to facilitate the creation of new events in
do:A:nto::If.
2. Work with existing event producers to grow and expand the current line up
of events.
3. Act as a liaison between event producers and public agencies to
streamline event production.
D. Parking/Access Programs
1. Assume responsibility for daily management of parking in downtown.
2. Transition YDA to a Downtown Parking Commission
3. Establish Downtown Parking Enterprise Fund in City budget, retain
parking revenue for parking improvements.
4. Work with City agencies to reduce the number of one way streets in
downtown.
Urban Place Consulting 6
IV. Developing Long Term Funding
D. PBIA Renewal and Expansion: Work with the downtown property
owners and businesses to develop consensus for renewing and
expanding the current Parking and Business Improvement Area.
E. State B&O Tax Program: Achieve certification of the Committee for
Downtown Yakima and Downtown Yakima as qualified participants in
the State Main Street Program B&O tax rebate.
F. Grant and Foundation Funding: Explore the possibilities of
accessing grants and foundation funding to finance programs.
Urban Place Consulting 7
Staffing
In order to implement the above programs the following professional staff will be
in place.
Interim Executive Director, Steve Gibson & Rena Leddy
Urban Place Consulting will continue to fulfill the role of executive director
although at a reducing rate over the next 12 to 18 months. Urban Place will
continue to guide the impierrmentation of the downtown vision as well as lead staff
development and funding development. It is the goal of Urban Place to develop
the staff and funding to a level that will allow the Committee and its programs to
Continue to grow without the going involvement Urban Place
.. ........ .... �...... ......v.w., the on going �y involvement rv� � w� �a of Urban � r IQGC.
Deputy Executive Director, Sean Hawkins
The Deputy Executive Director has experience in working with property owners,
developers and real estate professionals_ The Deputy Executive nirrector will take
the lead in further developing City and County partnerships.The Deputy
Executive Director will be responsible for leading a!! elements of the Economic
Development work plan including:
• Retail Development
• Office Development
• Residential Core Development
• Neighborhood Development
In addition the Deputy Director will work closely with the Director of User
Experience and the Urban Place staff to implement elements of the improving
the User Experience work plan and Communication work plan. !t is expected that
the Deputy Director will become the Executive Director within 9 to 18 months.
Full time, on site.
Director of User Experience, Mandl Ellison
The Director of User Experience has experience in communications, marketing
and promotions including the development of professional -quality promotional
materials and securing relationships with
media personnel. The Director has
excellent public speaking, computer, writing, and communication skills. The
Director will be responsible for the following elements of the work plan:
• Developing the User Experience, Maintenance, Safety, Pedestrian Use
• Communication — All aspects, across all elements of the work plan.
• Community Gathering
• Retail Subcommittee, retail support programs
In addition the Director of User Experience will work closely with the
Development Director and the Urban Place staff to implement elements of the
Economic Development work plan. Full time, on site.
Urban Place Consulting 8
Development
Board of Directors
Advocacy
intei
au idation'
Attachment "B"
Council Information Item
Memorandum
September 27, 2006
To: Honorable Mayor, Council Members, and City Manager
From: Chris Waarvick, Director of Public Works
Subject: Maintenance Considerations for the Downtown
The Downtown Yakima Futures Initiative project improvements are in the final stages to boldly
renew the City's pedestrian ways in the heart of Yakima. In addition to the "Vivid" themed
sidewalks, pedestrian light fixtures, landscape, and other architectural improvements, vital safety
components were added earlier this year to help handicapped access to sidewalks in Downtown
Yakima.
To maintain the beauty and aesthetics of the downtown area, Public Works is proposing to contract
out the maintenance functions. The private contract would be managed by the Yakima Downtown
Partnership. The City would assist the Yakima Downtown Partnership in identifying tasks and
standards for maintenance.
Options for funding the cost for the ongoing maintenance, of which staff has projected to be
approximately $150,000 per year, are as follows:
Option 1: Increase Business License Fees. It is proposed to increase business license fees by
20% in 2007. This would generate an additional $100,000 in revenue. The last increase in Business
License fees was in 1987.
Option 2: Increase In Lieu Tax on City Utilities. It is proposed to increase 1/2 of 1% In Lieu Tax
to generate additional revenue for maintaining the downtown. Currently, In Lieu Tax is 14%. This
increase would bring in approximately $135,000.
Option 3: Establish a PBIA for Downtown Maintenance. The formation of a PBIA for
maintenance and operational support is a third option for Council consideration. The formation of
the PBIA would need to be designed to generate $100,000--$130,000 a year in revenue to sustain
maintenance activity.
Option 4: Continue Maintenance by Public Works with No Additional Revenue Stream. This
option would result in reduction of services in Parks and Streets. It would still be recommended
that the downtown maintenance be contracted out to the private sector.
Option 5 Seek Community Volunteers. This option includes recruitment and supervision of
community volunteers to maintain the downtown.
2007 MAJOR POT ICY ISSUES /
SUPPLEMENTAL BUDGET REQUESTS
DEPARTMENT: Public Works DIVISION: Parks and Recreation
POLICY ISSUE TITLE: Maintenance of the Central Business District
$50,000 — Budgeted
$100,000 — Non -Budgeted
1. Proposal - The Parks and Recreation Division has provided the maintenance and
landscaping for the Central Business District (CBD). Revenues from the parking lot
stations provided the support for this work function. However, revenues from this
source have been declining for a number of years (see attached chart).
With the redevelopment of the downtown, it is important to look at what other
options might be available for funding and providing the service to the expanded
and upgraded downtown. area. ThP attached merno discusses options for Council
consideration.
2. a. Fiscal Impact — $50,000 Budgeted
$100,000 Non -Budgeted
b. Proposed Funding Source — Five options have been identified for Council
consideration (see attached memorandum.)
c. Public Impact - Maintaining the beauty and aesthetics of the downtown is vital
to the public and community.
d. Personnel Impact -- N/ A
e. Required Changes in City Regulations or Policies -- N/A
i^ t _ _2 Ti- .L* 90 1 9 1\17 A
f. Legal Constraints, if applicable — A
j. Viable Alternatives -- To continue to have the Parks Division maintain the
downtown without additional revenue.
3. Conclusion and/or Staff Recommendation -- To have Council, recommend an
option to create a continued revenue source for maintaining the downtown.
Downtown Landsk Policy Issue
Maintenance of the Central Business District and Expanded Area to include
9th Street to 10th Avenue—Lincoln to Walnut
Public Works provides daily/weekly services to the Central Business District (16 Block area). The following chart shows current tasks being
performed by City crews.
With the expansion and redevelopment of the downtown, additional tasks will be necessary beginning in 2007. They are shown on the
following chart:
Parks Division
Additional
Refuse Division
Additional
Street & Traffic Operations
Division
(16th Avenue, 18th Street
Lincoln and Spruce)
Additional
Transit Division
New Features:
Current Tasks
Current Tasks
Current Tasks
•
Current Tasks
•
Litter Control
•
Garbage Containers at no cost
•
Empty Refuse Containers
•
Regular Bus Route
•
Graffiti Removal
•
Clean -Up -Illegal Dumping
•
Blowing, Sweeping Litter
•
Benches and Shelters
•
Snow Removal in Parking Lots
in Downtown and Alleys
•
DOC Crew (occasionally)
and ADA ramps on sidewalks
•
Special Event Support
•
Christmas Decorations
•
Landscaping including:
•
New Signs
Irrigation
•
Street Sweeping
Planting
•
Street Snow Removal
Weeding
•
Pick up Snow when required
Pruning
•
Special Event Support
•
Special Event Support
•
Parade Traffic Control
•
Sweeping Lots
•
US Flags
With the expansion and redevelopment of the downtown, additional tasks will be necessary beginning in 2007. They are shown on the
following chart:
Downtown Landscaping Policy.doc
Additional
Additional
Additional
Additional
New Features:
New Features
New Features
New Features
•
Drinking fountains
•
Lights --Trees
•
Additional Benches
•
Hanging Baskets
•
Banners
•
Planters
Downtown Landscaping Policy.doc
Central Business District Maintenance
Budgeted Costs Versus Budgeted Revenues
$70,000
11)---____
�__--4s-- ,�---- .
,�-
,,���
-�'
`� '-- -
$50,0C)0
0. -.-+-
. ` /, \IlI
' ' =r
$40,000
\
,R. •`
-rt
$30,000
$20,0C)0
-1,
$10,000
ia...
$0
2001
2002
2003
2004
2005
2006
2007
Maintenance Cost
$63.,074
$59,459
$6:2,640
$57,813
$51,905
$48,911
$50,000
- •
--l- Revenue
$50.,000
$36,000
$62,700
$45,000
$7,298
$2,500
$2,500
e
400 200 0
400 Feet
MI MI
Downtown Yakima
Futures Initiative
Attachment "C"
North Front Street
Historic District
East Yakima Avenue
1
•
•
CML DIVISION
Helen A. Harvey
Sofia D. Mabee
Jeffrey R Cutter
CITY OF YAKIMA - LEGAL DEPARTMENT
200 S. 3rd St., Yakima, WA 98901-2830
Raymond L. Paolella, City Attorney
Phone: (509) 575-6030 FAX: (509) 575-6160
CRIMINAL DIVISION
Cynthia Martinez
Mary B. Smith
Bronson Faul
Lacy W. Heinz
Phone: (509) 575-6033
•
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Chris Waarvick, Bill Cook, Denise Nichols, Michael Morales
Jeff Cutter, Sr. Assistant City Attorney
September 26, 2006
Downtown Maintenance Policy Issue -
I was asked to research whether or not a Parking and Business Improvement Area
(PBIA) could be utilized for the purpose of maintaining and operating the downtown
area, particularly with regard to .the areas of recent significant improvements. In
conjunction with that request, I was also asked to determine on what basis PBIA's
can be apportioned. The following information is provided as a response to those
questions.
The short answers to the two primary questions are (1) YES, a PBIA may be formed
for the purpose of providing maintenance and operational support, and (2) that PBIA's
may be based upon numerous factors, including but not limited to B&O taxes
imposed, square footage of the business, number of employees in the business,
gross sales or any other reasonable factor relating to the benefit received from the
assessment. The statutory support for these answers is summarized below.
RCW 35.87A.070 sets forth the law as it relates to PBIA's. RCW 35.87A.010 (1)
identifies the specific purposes for which a PBIA may be formed, as well as what is
required to support such formation. The cited provision states that all incorporated
cities are authorized:
To establish, after a petition submitted by the operators responsible for sixty
percent of the assessments by businesses and multifamily residential or
mixed-use projects within the area, parking and business improvement areas,
hereinafter referred to as area or areas, for the following purposes. (f)
[p]roviding maintenance and security for common, public areas;
Chapter 35.87A further describes the specific process by which a PBIA may be
formed, from the initiation of the process by resolution or'petition to a subsequent
resolution of intent to establish the area that states the time and place of a public
hearing on the issue and ultimately to the presentation of an ordinance authorizing the
proposed PBIA.
•
•
West Yakima Avenue
East Yakima Avenue
North Front
2 sides of the street @ 1,400 feet each =2,800 feet
2 sides of the street @ 800 feet each = 1,600 feet
2 sides of North Front Street @ 250 feet each = 500 feet
1 side of Yakima Avenue @ 200 feet = 200 feet
TOTAL 5,100 feet
Parking and Business Improvement District
1 side of MLK Blvd. @ 800 feet = 800 feet
2 sides of A Street @ 800 feet = 1,600 feet
2 sides of Yakima Avenue @ 800 feet = 1,600 feet
2 sides of Chestnut @ 800 feet = 1,600 feet
1 side of 1st Street @ 1000 feet = 1,000 feet
2 sides of 2nd Street @ 1,000 feet = 2,000 feet
2 sides of 3rd Street @ 1,000 feet = 2,000 feet
2 sides of 4th Street @ 700 feet = 1,400 feet
1 side of Naches Avenue @ 1,000 feet = 1,000 feet
TOTAL 13,000 feet
+ four public parking lots
•
•
DEPARTMENT OF PUBLIC WORKS
PARKS & RECREATION DIVISION
2301 Fruitvale Blvd., Yakima, Washington 98902
Phone (509) 575-6020 • Fax (509) 575-6238
January 24, 2007
"THE BENEFITS ARE ENDLESS"
To: Jamie Stickle, Yakima Downtown Association
Craig Rath, Committee for Downtown Yakima
Attachment "D"
The Parks and Recreation Commissioners join the community in celebrating the Downtown
Yakima Futures Initiative improvements that have occurred on Yakima Avenue. The new street
lights, sidewalk paving, planters and other amenities are beautiful and have transformed our
main street into an attractive thoroughfare. We are eager to see what happens next.
Our pleasure, however, is somewhat tempered by deep concern for the upkeep and
maintenance of the new landscaping. The new plantings will be more extensive when
completed than we had originally imagined and while, like you and others, we want downtown
to be as beautiful as possible, we are apprehensive about how that will be ensured.
In the past Parks and Recreation has been responsible for the 16 blocks in the downtown core.
The Futures Initiative, however, adds 129 new trees, 113 planters and 164 hanging baskets along
Yakima Avenue from Ninth Street on the east to the railroad tracks on the west. It is clear
maintenance, will be intensive and expensive. The city's 2007 budget estimates this will cost
$150,000 for just the first year. Parks and Recreation's 2007 budget includes $50,000 for
maintenance of the Central Business District and a suggestion to use this money for contracting
out this function. However, two thirds of the estimated upkeep costs remain unfunded and
spring is just around the corner. ,
Adding to our concern is our commitment and resolve to protect, maintain and operate our
city's parks and recreational .facilities according to the standards to which. Yakima has become
accustomed. Our fear is that without establishment of adequate funding for the downtown area,
Parks and Recreation may be pressed for more than the budgeted $50,000 — either in dollars or
in manpower, neither of which is in abundance. To provide any additional services or resources
for the central business district, Parks and Recreation would be forced to divert workers or
dollars from the more than 300 acres of currently maintained parkland and facilities thus
eroding the fitness of the system of parks that serve the community.
Our purpose in writing this letter is to ask that you move the issue of maintaining the
improvements on Yakima Avenue and in the downtown core to the top of your agenda. We
FOR COUNCIL INFO ONLY Yakima
ES
DATE 11111,
Athletics 575-6020 • Aquatics 575-6046 • Community Enrichment 75. 020 • FishereGolf 75r60575 075
•Park Maintenance 575-6020 •Senior Citizen Center1994
urgeyou to work with the Cityof Yakima to determine an adequate fundingsource for this
g q
newly improved community asset. As advocates for and guardians of Yakima's parks, we
cannot understate the importance of your moving forward on this issue in a timely fashion so
that resources will be in place in time for the early spring work that will need to begin in a few
short months.
Again, it is gratifying and exciting to see the progress that is underway and, like you, and the
rest of the community, we look forward to seeing what is yet to come — especially the beautiful
and colorful landscaping that will line Yakima Avenue beginning this summer.
Yours truly,
Robert J. Busse
Chairman, Yakima Parks and Recreation Commission
c: Yakima City Council
Dick Zais, City Manager
For a Better Tomorrow
• •
Committee for Downtown Yakima
PBIA Analysis & Recommendations
Summary of
Presentation to Council Committee
DOWNTO ;=?1� .�TAISSANCE
February 27, 2007
URBAN PLACE
Co-ria•utting-Group Irc.
“3” ;IIaWZjale;lii
PBIA Expansion Analysis
Understanding The Need
• Needs - a consistent approach to:
— Yakima Avenue Streetscape Maintenance
—Overall Downtown Maintenance
— Downtown Security
— Parking Lot Maintenance & Security
— Downtown Beautification Projects
• Need to Create Downtown Yakima Clean
and Safe Team
• Need for Consistent Downtown Funding
• •
•
PBIA Expansion Analysis
Current Situation
• Current 2006 PBIA Total Assessment
Revenue Projected to be $32,840
—Assessment rates unchanged since 1974
• Three Issues to Address
Changeinassessment rates
— Change in PBIA boundary
— PBIA Sunsets in 2008
Rules Governing Change
• Changes in Rates RCW 35.87A.140
_ "Changes may be made in the rate or additional rate
of special assessment as specified in the ordinance
establishing the area, by ordinance adopted after a
hearing before the legislative authority."
• Changes in Boundary RCW 35.87A.075
— "The legislative authority may modify the boundaries
of a PBIA by ordinance, adopted after a hearing
before the legislative authority. A modification may
not affect an area with a projected assessment fee
greater than 10% of the current assessment role."
PBIA Expansion Analysis —Area C
• Area 'C' Summary:
— Project Assessment Revenues = $3,252
—Current Employment = 301
PBIA Recommendations
• Approve Expansion Area C for Increased..
Assessments of $3,252 Annually,_
— Proposed Area C Expansion Below Legislative
10% Threshold of $3,284
• Increase assessment rates 100%
— New annual- PBIA assessment = $72,184
• Contract with Committee for Downtown
Yakima to administer operation of area.
• Formal renewal and further expansion of
PBIA in 2008. Add areas A, B, D, E
Recommendations Continued
• Contracts to administer operation of PBIA
area RCW 35.87A.110
— "The legislative authority may contract with a
chamber of commerce or other similar
business association operating primarily
within the boundaries of the legislative
authority to administer the operation of a
parking and business improvement area,
including any funds derived pursuant thereto"
•
• •
Recommendations Continued
• Funding Downtown Clean & Safe Efforts
- PBIA (by contract to CDY) $ 70,000
- Parks Dept Budget (to CDY) $ 50,000
- CDY Budget Programs $ 50,000
- CDY Budget Management $ 23,000
Total $193,000
• Managing Downtown Clean & Safe Efforts
- Committee For Downtown Yakima (CDY)
Vision For CDY
Downtown Leadership & Management Organization
Grants
City/Federal/State
PBIA
Assessments
Funding Sources
Parking
Management
•
Meeting Minutes
For Downtown Yakima Futures Initiative
Committee of the City Council
January 24, 2007
Council Committee Members Present:
Bill Lover, Chairman
Norm Johnson
Ron Bonlender
Attachment "F"
After a brief Economic Development Committee Meeting, the DYFI business agenda began.
Chris Waarvick briefly discussed the status of Phase 1 of the project and Bob Degrosellier discussed the status
of Phase 2 Design and Critical Path scheduling. The Council Committee requested that strain poles be
incorporated into the design for banners across Yakima Avenue at 7th Avenue.
The next order of business was reviewing with Council the Committee for . Downtown Yakima's (CDY)
parking management proposal. No action or recommendation was taken at that time.
The next item of discussion was CDY's maintenance proposal for the downtown area. Council committee
members requested that this maintenance issue be brought forward to the full Council at a subsequent study
session.
•ouncil members discussed the importance of business and property owners being contacted and informed
about the parking and maintenance proposals.
(�ll,�auu P4Sf3Jcaz
Bill Lover, air
DYFI Committee of Council
35.84:060 'CITIES 'AND TU W na
y acgnire;' construct; extend,' -own,, or operate''sucb':iirban public transp
�.
Lion system to any: point or pointsnot to;exceed iif�en,.miles,;ot}t'si{let:Ai
corporate limits: PROVIDED, That no municipal: corporationshall,extend
urban public transportation system beyond' its corporate limits to operate in
any : territory already served :by a : privately operated . , autos ; transportation
company holding a certificate of,pubhc convenience „and necessrty.from:the
utilities and i:ransportation'eornmissio'n. ' '
As a condition of receiving state. funding, the municipal corporation shall
submit. a maintenance management plan for certificationliy the transportation
commission or its successor entity: The. plan ,must inventory all transportation
system assets within the direction' and`control`of.the' municipality, and provide
a preservation plan based on. lowest;life-cycle"coatxnetliodologies?a
[2003 c 363 § 302, eff. July 27, 2003;" 1969 exs ;c 281 §.;.26i;.1965:c 7 §: 35:84:06.0: Prior:
1919.c138§ 1; 1917 c9§ 1;RRS§ 9213.] •'-
city _, appoints .a, parking.;49nlndiasion., • ..tion} 4enied4.0 o.
' IiEt1N. ;v.• City of Spokane, (1997) 183.. 625 U:S 8124 142,
ash.2d 455, 947 Ptd 1169-, reconsidera •Corporations *:
C :ER 35:86
OFF-SSTREET' PARKING PARI INC COMM S
35.86A.07(1` : Powera'an I authority of parking'coni
Research References:
Treatises and Practice:Aids
17 Wash: Frac: Series §: .9.4, Local Gov- ,
ernmental Entities.
Historical and:StatutoryNotey
_Finding—Intent-2003 c 363:.: ,f 'The-n•immortance''of safe, reliable roadways to
legislature . finds that . roads, streets; the motoring. public, ;the legislature in-
bridges, and highways in the .state:rep* ;,14ends,to create stronger accountability to
sent public assets worth Over One 'hundred "ensure that cost-effective maintenance and.
billion dollars. These investments require preservation is provided for these trans
port
regular maintenance and preeervation;'.or:
ation facilities.."` [2003-: c 363 '§ 301.]
rehabilitation, to provide cost-effective Part headings not' law—Sevgrabiti-
transportation services. Many of these fa " 2003 c' 363: See notes: following ROW
cilities : are in poor condition. Given the ` ty
magnitude of public investment and the 47.28.241.
CHAPTER 35:86
OFF-STREET PARKING FACILITIES
35.86.030. Acquisition and disposition, of real property
Research References
35.86A.120. Operation- of 'parking facilities --Bid' ':requireiueri
and procedure
Notes of Decisions'
with., provision.,that, allgws• creation.of'a
City was not required to create,.a park-
ing commission as .a prerequisite to own-.
ing garage that would 'notserve park or..
civiccenter facilities, asunder statute .cit-
ies are authorized: to own "other off-street
parking facilities"; provision that such fa-
cilities must be operated in accordance'.
1. In general
Treatises and Practice Aids
17 Wash. Prac. Series, § 9.4, Local Gov-
ernmental Entities.
35.86.050. Procedure to establish -Plan, surveys, hearings,
Notes-. of Decisions
1. In general • to•city's•,Comprehensive. plan.; • CLEAN v.
Off-street parking -statute requiring. de- • , City of, -Spokane (1997), 133:Wa91�:2d;•4,46,
velopment of , comprehensive plans does • 947 P.2d 1169, reconsideration denied, cer-
not discuss the level of,specifieity required tiorai'i denied • 119 S.Ct.',45, 525•!U.S:
of a comprehensive plan. CLEAN V. City 142 L.Ed2d 35.. Automobiles 12
of Spokane (1997) 133 Wash.2d.;455; 947 '.: :.City.was not required create a park-
P.2d 1169, reconsideration. denied; certio=' Ing commission -as a prerequisite' to bwn-
rari denied 119 S.Ct. 45; 525. U.S. 812;142 • • ing garage that would not serve, p;irk ;or •
L.Ed.2d 35. Automobiles x'12 • civic center: facilities, *,under statute,eit
Off-street:parking-statute requirement. :ies a reauthorized:to own,'`other:off-street
.. of comprehensive plan was satisfied; given 'parking —facilities";; provision :that. such ..fa -
case law.' defining "comprehensive . plan; . : -cilities.,, most; be open. at 4,0n, Pxclapc@;
where. city held' hearings • and commie- . with •provision. that allows creation ole a:
sioned, studies for: -parking ramp, pr41ect :lparkingcommission does that,tl►at`
and established that the facility conformed' •such'a'facility can be aequired'only'after'W.
parking commission doey'that i egjuire`tkiat.
such a facility can be acquired Only,
city aPpomts ...4...parking c0410s;. n
CLEAN • v. City of SP.Dkane (19971 188
Wash 2d..455, 947; P.2d 1169;; reeonsidera;'r
n d
tioenied, certiorari denied 119, S.Ct;'45; -;
526 U.S. 812, 142 L'.Ed2d:' 5::,. MuniGipal:'c,
Corporations ea 223
CHAPTER 35:i37A-
PARKING AND BUSINESS`- IMPROVEMENT ,AR
Section
35.87A.010::. Authorized -Purposes;- .
Special .assessments.,
35.87A.O1Q. , •Authorized--Ptwposes—Special assessments, .;
To aid, general economic development and neighborhood revitalization; .arid
to facilitate the cooperation of merchants, 'businesses, and residential property
owners' which assists, trade, economic viability,; and liveability, .the legislature
hereby authorizes: all counties and all incorporated cities and towns,'-incliiding
unclassified cities and towns' operating under special charters: •
(1):.To establish, after:a Petition submitted by the. operators responsible; for
sixty percept of the, assessments: by, businesses .and multifamily-residential.-ar
rniiced-use..projects,within, the area,°. parking :.and businessimprovement; areas,.
lgreafter, referred 0. 40 area or aras,for, the following. purposes:. .::.: :
(a) The acquisition, construction nor maintenance of parking -facilities for the
benefit' of the area,
);;Decoration of'any public.pl'ace:in ttie:area; ; '
Sponsorship; or promotion. of nubile- events which areto ,.take; place; on or:
ublie.places iii the area,
3) :Furnishing of music in any public place in the area;
35;61AX.Iffl.
•
(e)', Providing'professionat: management; promotion .fer.the,
area,. inCludingthe, nianagernerit and promolion of retail trade activities inthe
area.; • . • , • ;!,
(f). Providing maintenance::and security:for common; public- areaa;. or • .. •
(g) ProvidingLtransportation'seriipeS.fer the benefit' ef..the' area
(2) T9;leyY:speelat, assassinenta. on • .4 )41416E44 and ninItiftimilYresidential
or mixed-use projects within the area and specially benefited by a Parking and,:
business improvement area to pay in whole or impart :the: dainages�r„ costarncurred :
therein as-provided'in this ChaPter. ' • . • -
[2905 c 178 § 1, eff. July 24,,2005;. 2000. c'.201 §1.1i•l993 e.429 § 1, 1985 c 128 §, 1981. c .
279 1; 1971 4.S. e45 § 1.] • •
. , . . , ., • .„
Law Reiievir. and Journal Commentaries
Taxes .vs. fees: a..curious:. Confusion.. .• -
flugi. D.Spitzer, 33...Ganz.4.ftey,-335,: , .
(2002/03); . '• . ,
Note 1
wAYentsk Irnalsing,: applications for, or . the , approval -.Pt' any; new dY019*tient--
the beuefit area for, a:period, Of ,sbonoriths, or more.. .
..:',11p94 the extension of the rehnhursemerit period PurFPanttCE:(0 of tlus
the otract mut Specify t4o, di.iritioo of. the eeritT4CtqeNtensian
4::riiipt: be hlerri, and recorded with the ,county :audito. Propty owners Who
obligatiOna undersubsection (1 of this
be)i6060 br the contracting :municipality: of the e*nafen ;ftled
subsection .„ : • •
(3) paeh -contract shall mclude, a proyisieri requiring that every tvigr: years
from the date the contract is, executed aproperty owner entitled to relinburSeT,
. 'reek under this aectiort. Provide- the contracting municipality withinfOatitni:
regarding the current contract name, addressi: and telephone nuinber„Of the
person;-,company, partnership: that, origmally entered -inte:the.contraet.,; If
the ; property owner ifails to CeinplyWitly the ::‘notification ,requirernerifkg.tlua
subsection : within sixty,days 'of the specifled time, then•,,the ,Centraeti4g• ,
municipality may collect any reimbursement-funda oWed,th the propertyowner
under the contraet. Such funds must be deposited in. the ,capital fiimk,ef, the:
CHAPTER 35.91
_ •
MUNICIPAL WATER AND SEWER. FACILITIES ACT
85 91 020 Contracts with owners of real
estate ' for water or sewer
facilities-=ReimbOrsenaent:
of costs • by ;. subsequent
users—contract require-,
ments.
•
35.91.040. Contract payment tO::he made
prior, te tap, con/lee:4On,, or
use-Renioval. ottap or con
nection:
35.91.020. Contracts with owners of rcsl:estate fotwatcr or sewer
' - 1 facilities-Reirnbursenient Of, costs by su!iSeiment.
users—Contract requirements •
(1) Except as: provided, tinder subsection (2) 'of-thia section; the', goiferriing
bodY of any city, ' town, county, , water -sewer: district, or:''Orainage:rdistrict,
hereinafter referred to as a t`rnimicipalit3r" may Contract with owners of real
estate for the construction of storm, sanitary, or Combination. sewersk 01,1114P1igl
stations, and disposal plants, water niiiinS,:hYdrantireServoirsi.bi appurte-
nances, ,hereinafter called, 'water or . sewerlaCilitieSi" within their boundaries
or' (except for counties) within: ten miles from their corporate, limita connecting,
With the -public water or sewerage system to serve the area in.Whichf the real '
estate of such owners is kidded, and to provide for,ii'periOd: 0 Otto exceedr:
fifteen years for the'. reimbursement of mai owners and their aaaig*bs, ,Egiy.
ovhierof real 'estate' Who .did not contribilt,e. to the 'original 'coat'of auch iWater
or sewer facilitlea.aridsWho subsequently tai5:onte or 'use -the amile.'Ofa•fair'l#W,
rata - share of the' cost of , the construction of lead' Water : ei'lieii0.-faCilltieST
including not only thoaedirectly connected theretO; 44 iiIiii iiseis eonrieeied: a:
laterals or branches .connecting thereto,subject tel-auch reasonable rifles:and
regulations as the governing body ' of suchmunicipality; inaSn'ProVide or
contract; and notwithstanding the provisions of anY9ther law:
2)(a) " The, contract may Provide.' for an Octensiet(Of tha...fifteen,year re
ement period for a :time not to , exceed the duratien'ef any inorateri
sing ordinance, concurrency designation; or othergWerruriental.action
(4) ,To the extent it may require in the performance of such .contract, 'such
mitniciPality may: install Said water or 'pewer:facilities in. and along:the::cowity
streets in the area- to be served as 'hereinabove provided, subject such
reasonable requirements as to the: manner ofoccupancy of such streets.asthe.
county may by resolution provide: The Provisions of such contract-shalf net
beeffective as to any owner of .real estate; net. a party thereto unless such •
contract has been recorded in the office of thecounty auditor of the county in
which the real estate ,of Such,nWrier is locatecLprier .to the time such owner
taps into or connects to said water Or sewer facilitieS.2•
-
[2006 c 88 § 2, eff. June 7,2006; 1999c § 38; 1981 c 313 § 11; 1967'c.113 §,1;,1965e.
. •
35,91,(Y207,. prior1959:c 261. § 2.] „
. .
''; • • •
• . • Research References :''• • :•
Atict4Otii6v, '
48 ALR 2nd 1224 Itight to Compel
;Municipality to Extend Its Water:
,system. .
•
169 ALR 576, Establishment or Elden-
eion of 'Sewer a& Public Useon
-,'Piirpose for Which TOwer 'ofEininent
•
Domain May be Exerclied:-.
98 ALR 1()01, Power of Municipal Cor-
poration to Extenii Its Service Be-
yond Corporate Lbnits.
90 ALR 846; What Employees Are En-
gaged in Interstate Commerce Within
-Federal Employers' Liabihty Act
•
• Nej�fD
1: ,intt
..);e' era.' '
-•'-.Exifiuni- Water, -service' -Contracts' be-
tween landownereand city. applied solely
to enumeratedlots, and thus city had not • .
thereby, .--expressly contracted to, ],supply,
water ..to:landoWners' additional out -of-.
teviii
Kettle'Filli;(2004)120-,Wash:App7498, 84
P.3d 1241, .review -4enied • '152 •Wash.2d., . •
,1025 101 P.3d''.421:.':'Witerst.'And'Wtiter •
•."PotirSe..2.01:•, .
.Intheabsence of contraet,,, elrPress or
COM-.
phi1ed..to' supply -water' Or 'Sewer services •
outside-. its corporate limits.Harberd v.'
ecisions • .
•
City • of -Kettle Falls: (2004) • 120' Wasli.App.
498, '• 1241; reVieW:cdenied-;152.
Wash.2d, 1025, 101 ..P.3t1 421.. Municipal
Corporations' (s:m '712(4); Waters And Wa-
ter Courses ev= 201 •
Thepower of a 'municipality:..tosupply.
water ..beyond corporate.limits is, pern-
swe supply being g Matter of -eon-
tract, het-Wee/1' the nitiraCipality!and ,Prop-
eTty:9ymersi:.„.ffarbOixr.*.,.City of Kettle
Falls ''(2004):::.1.30 witoi:',-498.,44 P 3d
1241;.rOievi.deided 152 gpt: 101
P.3d 421 WatersAnd Wa €
201 - • •
orized purposes 1
1. Authorized purposes
Notes of Decisions .
basis for various advertising.ar
tenance services . designed 444
&aa
them, did not exceed authority*fit
to city to. make local. improv
special assessment. City of. Seal,
Rogers Clothing for Men, Inc.(�l
114 Wash.2d 213, 787 P.2d 39:-
ipal Corporations ' 412
Ordinance establishing special assess-
ment area within 'city, and assessing
businesses within area on square -foot
35.87A.020. Definitions
Unless the context clearly requires otherwise, the definjtt
this section apply throughout this chapter.
(1) "Business" means all types of business, includin ;
sions.
(2) "Legislative authority" means the legislative authoril
city or town including unclassified cities or towns operatinj
special charters or the legislative authority of any county.
(3) "Multifamily residential or mixed-use project" mean
building or buildings containing four or more residential units
combination of residential arid commercial units, whether4i0
the entire property is held in single or undivided ownershipi0
to individual units is held by owners who also, directly or in
ly through an association, own real property in common:
other unit owners.
• (4) "Residential operator" means the owner or opera
multifamily residential or mixed-use project if title is held'i
or undivided ownership, or, if title is held in a form of ,e ii
interest ownership, the association of unit owners, condo
association, homeowners' association, property owners';;
tion, or residential cooperative corporation.
[1993 c 429 § 2; 1971 ex.s. c 45 § 2.]
2) The proposed uses and projects to which the sed
yS:
ficial assessment revenues shall be put and the total ted
st thereof;
3) The 'estimated rate of levy of special assessment with a
posed breakdown by class of business and multifamily residen-
t ;or mixed-use project if such classification is to be used.
he initiating petition shall also contain the signatures of the
ons who operate businesses and residential operators in the
gposed area which would pay fifty percent of the proposed
ficial assessments.
93 c 429 § 3; 1971 ex.s. c 45 § 3.]
Library References
e.ounties X55. C.J.S. Counties §§ 87 to 91.
Municipal Corporations 0=108.2, 292. C.J.S. Municipal Corporations §§ 316
estlaw Topic Nos. 104, 268. to 318, 973.
.87A.040. Resolution of intention to establish—Contents—
Hearing
he legislative authority, after receiving a valid initiation peti-
If : or after passage of an initiation resolution, shall adopt a
solution of intention to establish an area. The resolution shall
e° thetime and place of a hearing to be held by the legislative
ority to consider establishment of an area and shall restate all
information contained in the initiation petition or initiation
Solution regarding boundaries, projects and uses, and estimated
es of assessment.
71 ex.s. c 45 § 4.]
35.87A.030. Initiation petition or resolution—Contents;
For the purpose of establishing a parking andbusiness;
ment area, an initiation petition may be presented to the:=1,
authority having jurisdiction of the area in which the'''
parking and business improvement area is to be 1ocat
legislativeauthority may by resolution initiate a parkin
business improvement area. The initiation petition o r r4si
shall contain the following:
• ra
(1) A description of the boundaries of the proposed area;
522
Library References
unicipal Corporations X300.
estlaw Topic No. 268.
J.S. Municipal Corporations § 991.
87A.050. Notice of hearing
.otice of a hearing held .under the provisions of this chapter
11'13e given by:
One publication of the resolution of intention in a newspaper
9rieral circulation in the city; and
Mailing a completecopy of the resolution of intention to
h..business and multifamily residential or mixed-use project in
?proposed, or established, area. Publication and mailing shall
keompleted at least ten days prior to the time of the hearing.
3 'c 429 § 4; 1971 ex.s. c 45 § 5.]
523
Library References
Municipal Corporations X294.
Westlaw Topic No. 268.
C.J.S. Municipal Corporations § 979.
35.87A.060. Hearings
Whenever a hearing is held under this chapter, the .' 1
authority shall hear all protests and receive evidence fried
the proposed action. The legislative authority may coli;
hearing from time to time. Proceedings shall terminate if:
made by businesses and residential operators in the propos
which would pay a majority of the proposed special assess
[1993 c 429 § 5; 1971 ex.s. c 45 § 6.]
nit", El 1J aartu .7.7 11W1 1%v ra:.ira.:i'a taa...rao ✓.,. J a ra.vvv
`nts for the new area shall be established pursuant to RCW
8:7A.080 and 35.87A.090 and any other applicable provision of
"chapter.
The legislative authority. shall adopt a resolution of intention
odify the boundaries of an area at least fifteen days prior to
earing required. in subsection (1) of this' section. The resolu,
Shall specify the proposed modification and shall give the time
place of the hearing: Notice of the hearing shall be made in
*dance with RCW 35.87A.050.
2c69§'1.]
Library References
Municipal Corporations t=.298.
Westlaw Topic No. 268.
C.J.S. Municipal Corporations § 989.
35.87A.070. Change of boundaries
Library References
sz,
unicipal Corporations c.=+450(4). C.J.S. Municipal. Corporations
estlaw Topic No. 268. §§ 1208 to 1214.
.`87A.080. Special assessments—Legislative authority may
make reasonable classifications—Assessments
for separate purposes
r purposes of the special assessments to beimposed pursuant
this, chapter, the legislative authority may make a reasonable
ssification of businesses and multifamily residential or mixed-
iprojects, giving consideration to various factors such as busi-
s: and occupation taxes imposed, square footage of the business,
amber of employees, gross sales, or any other reasonable factor
ting. to the benefit received, including the degree of benefit
eived from parking. Whenever it is proposed that a parking and
iness improvement area provide more than one of the purposes
ed:in RCW 35.87A.010, special assessments may be imposed in
antler that measures benefit from each of the separate pur-
er, or any combination of the separate purposes. Special as-
sments shall be imposed and collected annually, or on another
is:.' specified in the ordinance establishing the parking and
siness improvement area.
c 429 § 6; 1985 c 128 § 2; 1981 c 279 § 2; 1971 ex.s. c 45 § 8.]
If the legislative authority decides to change the boun
the proposed area, the hearing shall be continued to a time
fifteen days after such decision and notice shall be',.! g
prescribed in RCW 35.87A.050, showing the boundary!!
ments, but no resolution of intention is required.
[1971 ex.s. c 45 § 7.]
Library References
Municipal Corporations 0298.
Westlaw Topic No. 268.
C.J.S. Municipal Corporations § 989.
35.87A.075. Modification of boundaries
(1) The legislative authority may modify the bound*
parking and business improvement area by ordinance,°.;
after a hearing before the legislative authority. The' le
authority may modify an area either by expanding orredi "
existing boundaries. If the modification to the bound*,
expand existing boundaries, the expansion area must be,',
to an existing boundary. A modification to an existing)h'`
may occur no more than once per year and may not affect
with a projected assessment fee greater than ten percet
current assessment role for the existing area. If the mode
of an area results in the boundary being expanded, thee,
524
Historical and Statutory Notes
ws`' 1981, ch. 279'; § 2, near the end
e;.current first sentence, inserted
as business and occupation taxes
$ied, square footage of business,
ber of employees, gross sales, or
•
any other reasonable factor relating to
the benefit received"; and, at the end of
the first sentence, delete "only".
Laws 1985, ch. 128, § 2, added the
second and third sentences.
525
r
Library References
unicipal Corporations X436.
Westlaw Topic No. 268.
C.J.S. Municipal Cork.,
§§ 1215, 1216, 1218,
1223.
1�lV, 1:0VJ11Nll:04.7 illi AAA./ Wa.a•1L1ao.. ... .. az. ..
5) The initial or additional rate or levy of special asses to
Ainposed with a breakdown by classification of busi nd
ifamily residential or mixed-use project, if such classi cation
psed; and
6) A statement that a parking and business improvement area
been established.
7): The uses to which the special assessment revenue shall be
t Uses shall conform to the uses as declared in the initiation
'Von presented pursuant to RCW 35.87A.030.
43 c 429 § 8; 1971 ex.s. c 45 § 10.]
35.87A.090. Special assessments—Same basis or rate
classes not required—Factors as to .parkin;
cilities
The special assessments need not be imposed on different:,cja
of business and multifamily residential or mixed-use proje
determined pursuant to RCW 35.87A.080, on the same basis.:
same rate. The special assessments imposed for the purposed
acquisition, construction or maintenance of parking facilities
the benefit of the area shall be imposed on the basis of be
determined by the legislative authority after giving consider_,
to the total cost to be recovered from the businesses and muftifa
ily residential or mixed-use projects upon which the special. ‘
ment is to be imposed, the total area within the boundaries.; "
parking and business improvement area,. the assessed value `o1
land and improvements within the area, the total business vo'
generated within the area and within each business, arid{
other factors as the legislative authority may find and deterri
be a reasonable measure of such benefit.
[1993 c 429 § 7; 1971 ex.s. c 45 § 9.] ,
Library References
Municipal Corporations.456, 457. C.J:S. Municipal Corp
Westlaw Topic No. 268. §§ 1250, 1253, 1255, 1256:':-
35.87A.100.
256.' •-
35.87A.100. Ordinance to establish—Adoption—Conten
If the legislative authority, following the hearing, deci:,
establish the proposed area, it shall adopt an ordinance Xi
effect. This ordinance shall contain the following infora
(1) The number, date. and titleof the resolution of in
pursuant to which it was adopted;
(2) The time and place the hearing was held concern;
formation of such area;
(3) The description of the boundaries of such area;
(4) A statement that the: businesses and multifamily .resi„
or mixed-use projects in the area established by the ord}
pi,:::
shall be subject to the provisions of the'special assessments;;,
rized by RCW 35.87A.010;
526
Library References
MunicipalCorporations e=303(1). •
estlaw Topic No. 268.
.J.S. Municipal Corporations § 992.
87A.110. Use of revenue—Contracts to administer opera-
tion of area
he legislative authority of each city or town or county 'shall
ave sole discretion as to how the revenue derived from the special
essments is to be used within the scope of the purposes;
Wever, the legislative authority may appoint existing advisory
rds, or commissions to make recommendations as to its use, or
legislative authority may create a new advisory board or
ission for the purpose..
he legislative authority ' may contract with a chamber of com-
i'ce'or othersimilarbusiness association operating primarily
}thin the boundaries of the legislative authority to administer the
ration of a parking and business improvement area, including
`funds. derived pursuant thereto: PROVIDED, That such admin -
anon must comply with all applicable provisions of law includ=
LL;this chapter, with all county, city, or town resolutions_ and
finances, and with all. regulations lawfully imposed by the state
ditor or other state agencies.
71 ex.s. c 45 § 11.]
Library References
unicipal Corporations x521.
estlaw Topic No. 268.
527
C.J.S.. Municipal Corporations
§§ 1396, 1404.
✓✓.V /l1. 1Jot ILA
(L.111L' 0 MAW"
35.87A.120. Use of assessment proceeds restricted
The special assessments levied hereunder must be fa
poses specified in the ordinances and the proceeds .,s1
used for any other purpose.
[197.1 ex.s. c 45 § 12.]
efit zones based upon the degree of benefit derived from the
ose and may impose a different rate of special assessment
each such benefit zone.
ex.s. c 45 § 15.]
Library References
Municipal Corporations X521. C.J.S. Municipal
Westlaw Topic No. 268. §§ 1396, 1404.
35.87A.130. Collection of assessments
Collections of assessments imposed pursuant to this;
shall be made atthe same time and in the same .ma
otherwise prescribed by Title 35 RCW or in such other
the legislative authority shall determine.
[1971 ex.s. c 45 § 13.]
Library References
unicipal Corporations 43=458, 464.
cstlaw Topic No. 268.
C.J.S. Municipal Corporations
§§ 1255, 1256, 1271 to 1274, 1276,
1277, 1286, 1288.
87A.160. Benefit zones—Establishment, modification and
disestablishment of area provisions and proce-
dureto be followed
11 provisions of this chapter applicable to establishment. or
establishment of an area also apply to the establishment, modi-
tion, or disestablishment of benefit zones pursuant to *RCW
7A.150. The establishment or .the modification of any such
e shall follow the same procedure as provided for the establish-
n'of a parking and business improvement area and the dises-
1ishrnent shall follow the same procedure as provided for dises-
ishment of an area.
1ex.s. c 45 § 16.]
Library References
Municipal Corporations 03.525. C.J.S. Municipal CFS
Westlaw Topic No. 268. §§ 1405, 1411, 1415, 1416,
35.87A.140. Changes in assessment rates
Changes may be made in the rate or additional rate o
assessment as specified in the ordinance establishing the
ordinance adopted after a hearing beforethe legislative. U
The legislative authority shall adopt a resolution of int
change the rate or additional rate of special assessment
fifteen days prior to the hearing required by this sectio''
resolution shall specify the proposed change and shal14j'
time and place of the hearing; Proceedings to change ,t10
impose an additional rate of special assessments shall terr{
protest is made by businesses or multifamily residential;o
use projects in the proposed area which would pay a nnajj
the proposed increase or additional special assessments.
[1993 c 429 § 9; 1971 ex.s. c 45 § 14.]
Historical and Statutory Notes
R@viser s note: "RCW 35.87A.150" herein codified as RCW 35.87A.130,
been translated from "section 13 of
act," as the reference"to section 13,
Library References
Municipal Corporations x+458. C.J.S. Municipal
§§ 1255, 1256.
Westlaw Topic No. 268.
was apparently erroneous.
Library References
unicipal Corporations X450. C.J.S. Municipal Corporations
estlaw Topic No. 268. §§ 1193 to 1199.
87A.170. Exemption period for new businesses and pro-
jects
usinesses or multifamily residential or mixed-use projects es -
'fished after the creation of an area within the area may be
mpted from the special assessments imposed pursuant to this
apter for a period riot exceeding one year 'from the date they
nmenced business in the area.
X93 c 429 § 10; 1971 ex.s, c 45 § 17.]
Corp
35.87A.150. Benefit zones—Authorized—Rates
The legislative authority may, for each of the purposes set#
RCW 35.87A.010, , establish and modify one or more se
528
529.
Library References
unicipal Corporations 0465. C.J.S. Municipal .,c,orno
Westlaw Topic No. 268. §§ 1271 to 1274, 1276;!,13
1288,
1288, 1289.
1)87A.210. Computing cost of improvement for bid re-
ment
he cost of the improvement for the purposes of this chapter
1i be aggregate of all amounts to be paid for the labor, materi-
"and equipment on one continuous or inter -related project
ere work is to be performed simultaneously or yin near . se-
exlce. Breaking an improvement into small units for the pur-
poses of avoiding the minimum dollar amount prescribed in RCW
87A.200, is contrary to public policy and is prohibited.
71 ex.s. c 45 § 21.]
35.87A.180. Disestablishment of area—Hearing
The legislative authority may disestablish an area by or
after a hearing before the legislative authority. The ;legis'
authority shall adopt a resolution of intention to disestab1i
area at least fifteen days prior to the hearing required' b
section. The resolution shall give the time and place of the;
[1971 ex.s. c 45 § 18.]
Library References
Municipal Corporations a450. C.J.S. Municipal Corp
Westlaw Topic No. 268. §§ 1193 to 1199.
35.87A.190. Disestablishment of area -Assets and llabil "
Upon disestablishment of an area, any proceeds of the'
assessments, or assets acquired with such proceeds, or liab`i'1`
incurred as a result of the formation of such area, shall" bemlii
to disposition as the legislative authority shall determine: P1$"
ED, HOWEVER, Any liabilities, either current or future, iriei
as a result of action taken to accomplish the purposes, _9
35.87A.010 shall not be an obligation of the general fund
special fund of the city or town, but such liabilities ,s
provided for entirely from "available revenue generated :fr ,
projects or facilities authorized by RCW 35.87A.010 or fro'.
cial assessments on the property specially benefited With
i
area.
[1971 ex.s. c 45 § 19.]
Library References
unicipal Corporations e=.330. C.J.S. Municipal Corporations
estlaw Topic No. 268. § 1030.
87A.22O. Existing laws not affected—Chapter supplemen-
tal—Purposes may be accomplished in conjunc-
tion with other methods •
his chapter providing for parking and business improvement
eas shall not be deemed or construed to affect any existing act,
any part thereof, relating to special assessments or other pow -
of counties, cities and towns, but shall be supplemental thereto
a'concurrent therewith.
he purposes and functions of parking and business improve-
0,11:
areas as set forth by the provisions of this chapter may be
complished in part by the establishment of an area pursuant to
s • chapter and in part by any other method otherwise provided
law, including provisions for local improvements.
71 ex.s. c 45 § 22.]
35.87A.200. Bids required -Monetary amount
Any city or town or county authorized by this chapterto'
lish a parking improvement area shall call for competitive hi
appropriate public notice and award contracts, wheneve';
estimated cost of such work or improvement, includin ,.•`r.
P g • ec
materials, supplies and equipment, exceeds the sum of two
sand five hundred dollars.
[1971 ex.s. c 45 § 20.]
Library References
:87A.900. Severability -1971 ex.s. c 45
any provision of this act, or its application to any person or
cumstance is held invalid, the remainder of 'the act, or the
plication of the provisions to other persons or circumstances is
`affected.
t,,.
971 ex.s. c 45 § 23.]
Municipal Corporations X330. C.J.S. Municipal Corpora
Westlaw Topic No. 268. § 1030.
530
531
•
•
RESOLUTION NO. R-2002- 43
A RESOLUTION of the City Council of the City of Yakima, Washington, declaring the
intention of the City Council to renew and re-establish Parking and
Business Improvement Area No. 1 in downtown Yakima, and resetting a
time, date and place for a hearing on the reformation of such parking and
business improvement area.
WHEREAS, the City Council of the City of Yakima, Washington ("City"), on April 2,
2002, adopted Resolution No. R-2002-34 initiating the renewal and reformation of Parking and
Business Improvement Area No: 1 ("PBIA") in downtown Yakima in accordance with RCW
35.87A.030; and
WHEREAS, the City Council also adopted Resolution No. R-2002-35 on April 2, 2002,
setting a public hearing date to be held at City Hall, Yakima, Washington, at 2 o'clock P.M., on
April 16, 2002, relating to the renewal of said PBIA, the proposed uses and projects to be
financed within said PBIA, and the proposed special assessments to be levied upon businesses
within said PBIA; and •
WHEREAS, the City Council desires to move and reset said PBIA public hearing date
from April -1-6,-2002 to 2 o'clock -P.M,, on May 7; 2002; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yakima,
Washington, as follows:
Section 1. .It is the intention of the City Council (the "Council") of the City of Yakima,
Washington, to renew and re-establish Parking and Business Improvement Area No. 1 for the
downtown area of the City, as provided under Chapter 35.87A RCW, for the purpose of
assisting trade, economic vitality and livability within the area. The boundaries of the PBIA are
set forth on Exhibit A attached hereto and by this reference incorporated herein.
Section 2. 'The uses and projects to which the special assessments shall be put are set
forth on Exhibit B attached hereto and by this reference incorporated herein. The special
assessments shall be applied among the various uses and projects set forth on Exhibit B so as to
accomplish, as nearly as may be, all such uses and projects within the estimated budget set
forth in Section 4 hereof. If the City determines in consultation with the Yakima Downtown
Association ("YDA") thatit has become impractical or undesirable to accomplish any of such
uses or projects by reason of increased costs, changed conditions or needs, alternative uses or
(I ) comm dev pima hearmg reset 402pm
projects may be substituted; provided, however, that such alternative uses or projects must
include any one or more of the following:
(a) The acquisition, construction or maintenance of parking facilities for the
benefit of the area;
(b) Decoration of any public place in the area;
(c) Promotion of public events that are to take place on or in public places in
the area;
(d) Furnishing of music in any public place in the area;
(e) Providing professional management, planning and promotion for the
area, including the management and promotion of retail trade activities
in the area;
(f) Providing maintenance and security for common, public area; and
(g) Any other purposes that may hereafter be permitted under Chapter
35.87A RCW, as amended, or its successor statute, if any;
and provided further that the City in consultation with the Association may not substitute any
such alternative use or project for those set forth on Exhibit B if, within 30 days of the City's
mailing notice of such proposed substitution to all businesses within the PBIA subject to
assessments, objections in writing are received from operators of businesses that would be
required to pay more than fifty percent of the proposed special assessments within such PBIA.
All such uses and projects shall be supplemental to regular street maintenance provided
by the City and shall not displace any services regularly provided by the City.
Section 3. In the event that such PBIA is renewed, special assessments would be levied
against all businesses within the PBIA to provide funds necessary for the purposes set forth in
Section 2, which special assessments would be levied upon the following classes of business
and at the following rates:
Number of Business Assessment Rate
Employees* Classification Per Employee
1 - 5 - Retail $ 20.00
6 and over
Retail 40.00
1- 5 Service
6 and over Service
10.00
20.00
*An employee is defined as any person or combination of persons whose total
working hours equal 40 hours per week, i.e., total hours worked by all personnel
(including management) in the previous calendar year divided by, 52 weeks
(average working hours per week) and divided by 40 hours equals average
Ilk) comm dev pbu hearms met 4-01pm
•
•
•
•
number of employees. Fractions of employees .5 or greater will be rounded up
to the next whole number.
Section 4. The total estimated annual cost for the improvements set forth in Exhibit B is
$65,000.
Section 5. In the event that such PBIA is renewed, the special assessments described
herein would be levied every year for six years following the renewal of such PBIA and then
terminated. The city may then elect to reform such PBIA in accordance with the procedures for
forming a new PBIA established by Chapter 35.87A RCW or any successor statute, if any.
Section 6. All persons who may desire to support, object to, or comment on the renewal
of such PBIA are hereby notified to appear at a hearing of the Council to be held at City Hall,
Yakima, Washington, at 2 o'clock P.M., on May 7, 2002, which time and place are hereby fixed
for hearing of all matters relating to the renewal of said PBIA, the proposed uses and projects
to be financed within said PBIA, and the proposed special assessments, to be levied upon
businesses within said PBIA.
Section 7. The City Clerk is hereby directed to prepare and give notice of such hearing
in the manner required by law.
PASSED by the City Council of the City of Yakima, Washington, at a regular meeting
thereof held this 16th day of April, 2002.
ATTEST:
S/Karen S. Roberts
City Clerk
Mailed: April 19, 2002
(Ik) comm dev pbia hearing reset 402pm
S/ Mary Place
Mary Place, Mayor
City of Yakima
YDA PBIA
Area
EXHIBIT A
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en
Scale —lin = 400ft
0
:00
400
City of Yakima, Washington
March 28, 2002
•
Exhibit B
The current Yakima Downtown Association Parking and Business Improvement Area
ordinance allows for the following activities:
(a) The acquisition, construction or maintenance of parking facilities
for the benefit of the area;
(b) Decoration of any public place in the area;
(c) Promotion of public events that are to take place on or in public
places in the area;
(d) Furnishing of music in any public place in the area;
(e) Providing professional management, planning and promotion for
the area, including the management and promotion of retail trade
activities in the area;
(f) Providing maintenance and security for common, public area; and
(g) Any other purposes that may hereafter be permitted under Chapter
35.87A RCW, as amended, or its successor statute, if any;
•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 19
For Meeting of: March 6, 2007
(A) Consideration of a Resolution declaring Council's intent to increase the
Yakima Downtown Parking Benefit Improvement Area (PBIA) and rates; and
(B) Set Date for Public Hearing on increase in PBIA area and rates.
SUBMITTED BY: Chris Waarvick, Director of Public Works
Jeff Cutter, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter, 575-6030
SUMMARY EXPLANATION:
Pursuant to Council direction from the February 27, 2007 Study Session regarding Committee for
Downtown Yakima's proposal to assume maintenance in the downtown area, staff respectfully
requests Council's approval of the attached resolution expressing Council's intent to modify the
boundaries and rates of the PBIA. Further, staff respectfully requests City Council set April 3, 2007, as
the public hearing date required by the RCW (RCW 35.87A.075).
The attached map from the 2/27/07 Study Session identifies the area which the Committee for
Downtown Yakima (CDY) has recommended to be included into the current PBIA. It is bounded by
East "A" Street, 7th Street, Chestnut Street, and Naches Avenue.
And finally, at the Public Hearing, Council will discuss' or hear testimony regarding the increase in the
rate for the larger modified area. The rate has been proposed to be increased by 100% and would
generate an estimated $72,000. This money in addition to the $50,000 from the Parks Division and an
additional $50,000 frorn CDY would generate $150,000 in direct cash capacity for downtown
maintenance.
Resolution X Ordinance _ Contract _ Other (Specify)
2/27/07 Study Session Packet and
Enablin. Resolution No. R-2002-43
Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL:
4,4_7, City Manager
STAFF RECOMMENDATION: Staff respectfully requests that Council approve the Resolution
declaring its intent with respect to the PBIA and set date of Public Hearing on this matter for April 3,
2007.
fraBOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2007-30