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Home My WebLink About09/15/2020 08 Terms and Conditions of Downtown Yakima Business Improvement District (DYBID) a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: September 15, 2020 ITEM TITLE: Discussion regarding terms and conditions of the Downtown Yakima Business Improvement District(DYBID) SUBMITTED BY: Jeff Cutter, City Attorney SUMMARY EXPLANATION: In early 2020, the City Council began discussion concerning the current terms and conditions of the DYBID, particularly with regard to the assessment structure associated with the District. Unfortunately the onset of the COVI D pandemic and the resultant orders from the Governor's emergency proclamation caused the City Council to defer consideration of all but routine matters ended the discussion at that time. More recently, with the relaxation of the restrictions on the matters that Council can consider, the City Council requested the continuation of the discussion regarding the DYB I D. The materials attached hereto are intended to 1) provide the Council with some background on the present DYB I D and how it came to be in its present form, 2)some general information from the Yakima Municipal Code regarding the DYB I D Advisory Board, including its formation, purpose and operating terms, 3)the current assessment revenue report from the District and 4) RCW 35.87A providing the statutory requirements for the formation, operation, revision and termination of Parking and Business Improvement Areas, of which the City's DYBID is part. ITEM BUDGETED: NA STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 1)Memo-L al on-Info re Y I for until 141 0 0 r Mir o iscussion L ) 35.37 /4/ 020 weep Matenal 2 D 3)Ordinance Ni-, 2073114(most recce' rkiirrsion or City's 91412020 Backup Material DvBID) D 4)Resolution No, R-2012-131 9412020 Backup Material 5)Memo-Finance-statement of revenues generated by D 941202o Backup Material DYBID assessments D 5)Y MC Ch 1,33 6if4/2020 Backup Material 3 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street,2nd Fl. I Yakima,WA 98901 P: 509.575.6030 I F: 509575.6160 MEMORANDUM September 4, 2020 TO: Honorable Mayor and Members of the City Council Robert Harrison, City Manager FROM: Jeff Cutter, City Attorney SUBJECT: Information Regarding the Downtown Yakima Business Improvement District for Council Discussion The City Council initiated discussion regarding the Downtown Yakima Business Improvement District (DYBID) in early 2020. The discussion initially focused on the nature of the assessment values and the parties responsible to pay them, in accordance with the current DYBID terms and conditions. Before there could be any significant progress in discussion of these issues the COVID pandemic struck, resulting in the Governor restricting the content of the Council meetings and effectively terminating the DYBID consideration. Now, here we are months later, and the Council has indicated it would like to return to the conversation that began last February. Included with this agenda item are 1) this memo, 2) RCW 35.87A that provides all the specific regulatory process associated with Parking and Business Improvement Districts (of which the DYBID is one), 3) the most recent revision of the City's DYBID, last amended in 2012, 4) the resolution that initiated the action taken to amend the previous DYBID to what is now in effect, just to provide some insight on the process involved in amending these ordinances, 5) a statement of the revenues generated by the DYBID assessments, and 6) the Yakima Municipal Code provision providing for the DYBID Advisory Board purpose and process. With regard to the advisory board, I do not believe the group has met, elected officers or conducted any business at all in many years, but it still exists in City ordinance. The assessments that are collected within the District must be used to provide a "special benefit" to the participating parties that those outside of the District do not receive. Currently the City has contracted with Downtown Yakima Association to provide the services associated with the DYBID within the DYBID district. 4/24/2020 Chapter 35.87A RCW: PARKING AND BUSINESS IMPROVEMENT AREAS a- ter Lst I I • siti• s 4 Chapter i A RCW PARKING AND BUSINESS IMPROVEMENT AREAS Sections 35 *7A414 Authorized Purposes Special assessments. 35.17 . Definitions. ?5.87A.030 Initiation petition or resolution Contents. 35.87A.040 Resolution of intention to establish Contents—Hearing. 35.87,A. ,50 Notice of hearing. 35.87 .1 0 Hearings. 35.87A.070 Change of boundaries. 35.87A.47 Modification of boundaries. 35.87A.080 Special assessments Legislative authority may make reasonable classifications Assessments for separate purposes. 35.87A.,J90 Special assessments Same basis or rate for classes not required Factors as to parking facilities. 358A1OIi Ordinance to establish Adoption Contents. 35.87A.11 Si Use of revenue—Contracts to administer operation of area. 35.87 .1 Si Use of assessment proceeds restricted. 35.,1 .1 Si Collection of assessments. 3 27k. Si Changes in assessment rates. 3 .L71 SBenefit zones—Authorized Rates. 35.87A.16 Benefit zones Establishment, modification and disestablishment of area provisions and procedure to be followed. 3587A17Si Exemption period for new businesses and projects. 35.87A.1 O Disestablishment of area Hearing. 35.87A.1 0 Disestablishment of area Assets and liabilities. 3 872tI Bids required Monetary amount. 3587A21 Si Computing cost of improvement for bid requirement. 35. 7A.2 S Existing laws not affected Chapter supplemental Purposes may be accomplished in conjunction with other methods. NOTES: Assessments and charges against state lands: Chapter 74I RCW. RCW .1 1 Authorized—Purposes—Special assessments. https://app.leg.wa.gov/RCW/default.aspx?cite=35.87A&full=true 1/9 4/24/2020 Chapter 35.87A RCW:PARKING AND BUSINESS IMPROVEMENT AREAS To aid general economic development and neighborhood revitalization, and to facilitate thEt 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, including unclassified cities and towns operating under special charters: (1) 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, hereafter referred to as area or areas, for the following purposes: (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) Sponsorship or 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) 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 areas; or (g) Providing transportation services for the benefit of the area. (2) To levy special assessments on all businesses and multifamily residential or mixed-use projects within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter. [ 2005 c 178 § 1; 2000 c § 1; 1993 c 429 § 1; 1985 c 128 § 1; 1981 c 27 1; 1971 ex.s. c 45 1.] RCW Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Business" means all types of business, including professions. (2) "Legislative authority" means the legislative authority of any city or town including unclassified cities or towns operating under special charters or the legislative authority of any county. (3) "Multifamily residential or mixed-use project" means any building or buildings containing four or more residential units or a combination of residential and commercial units, whether title to the entire property is held in single or undivided ownership or title to individual units is held by owners who also, directly or indirectly through an association, own real property in common with the other unit owners. (4) "Residential operator" means the owner or operator of a multifamily residential or mixed-use project if title is held in single or undivided ownership, or, if title is held in a form of common interest ownership, the association of unit owners, condominium association, homeowners' association, property owners' association, or residential cooperative corporation. [ I, c ; 17 x.s. c .] RCW Aii Initiation petition or resolution—Contents. For the purpose of establishing a parking and business improvement area, an initiation petition may be presented to the legislative authority having jurisdiction of the area in which the proposed https://app.leg.wa.gov/RCW/defaultaspx?cite=35.87A8dull=true 2/9 4/24/2020 Chapter 35.87A RCW: PARKING AND BUSINESS IMPROVEMENT AREAS parking and business improvement area is to be located or the legislative authority may by resolution initiate a parking and business improvement area. The initiation petition or resolution shall contain the following: (1) A description of the boundaries of the proposed area; (2) The proposed uses and projects to which the proposed special assessment revenues shall be put and the total estimated cost thereof; (3) The estimated rate of levy of special assessment with a proposed breakdown by class of business and multifamily residential or mixed-use project if such classification is to be used. The initiating petition shall also contain the signatures of the persons who operate businesses and residential operators in the proposed area which would pay fifty percent of the proposed special assessments. [ 1993 c 429 3; 1971 ex.s. c 45 3] RCW 35. Resolution of intention to establish—Contents—Hearing. The legislative authority, after receiving a valid initiation petition or after passage of an initiation resolution, shall adopt a resolution of intention to establish an area. The resolution shall state the time and place of a hearing to be held by the legislative authority to consider establishment of an area and shall restate all the information contained in the initiation petition or initiation resolution regarding boundaries, projects and uses, and estimated rates of assessment. [ 1 '/ es 4.] RCW Notice of hearing. Notice of a hearing held under the provisions of this chapter shall be given by: (1) One publication of the resolution of intention in a newspaper of general circulation in the city; and (2) Mailing a complete copy of the resolution of intention to each business and multifamily residential or mixed-use project in the proposed, or established, area. Publication and mailing shall be completed at least ten days prior to the time of the hearing. [ 1 c ; 71 ex.s. c RCW Hearings. Whenever a hearing is held under this chapter, the legislative authority shall hear all protests and receive evidence for or against the proposed action. The legislative authority may continue the hearing from time to time. Proceedings shall terminate if protest is made by businesses and residential operators in the proposed area which would pay a majority of the proposed special assessments. https://app.leg.wa.gov/RCW/default.aspx?cite=35.87A&full=true 3/9 4/24/2020 Chapter 35.87A RCW:PARKING AND BUSINESS IMPROVEMENT AREAS [ 1 3 c 4, exs. c;4 7 RCW . .s Change of boundaries. If the legislative authority decides to change the boundaries of the proposed area, the hearing shall be continued to a time at least fifteen days after such decision and notice shall be given as prescribed in RCW 35.87A.050, showing the boundary amendments, but no resolution of intention is required. [ 1971 exs. c 45 7.] RCW Modification of boundaries. (1) The legislative authority may modify the boundaries of a parking and business improvement area by ordinance, adopted after a hearing before the legislative authority. The legislative authority may modify an area either by expanding or reducing the existing boundaries. If the modification to the boundaries is to expand existing boundaries, the expansion area must be adjacent to an existing boundary. A modification to an existing boundary may occur no more than once per year and may not affect an area with a projected assessment fee greater than ten percent of the current assessment role for the existing area. If the modification of an area results in the boundary being expanded, the assessments for the new area shall be established pursuant to RCW . and J7 A .1, • and any other applicable provision of this chapter. (2) The legislative authority shall adopt a resolution of intention to modify the boundaries of an area at least fifteen days prior to the hearing required in subsection (1) of this section. The resolution shall specify the proposed modification and shall give the time and place of the hearing. Notice of the hearing shall be made in accordance with RCW 7*. ,50. [ 2It c 1.] RCW Special assessments—Legislative authority may make reasonable classifications —Assessments for separate purposes. For purposes of the special assessments to be imposed pursuant to this chapter, the legislative authority may make a reasonable classification of businesses and multifamily residential or mixed-use projects, giving consideration to various factors such as business and occupation taxes imposed, square footage of the business, number of employees, gross sales, or any other reasonable factor relating to the benefit received, including the degree of benefit received from parking. Whenever it is proposed that a parking and business improvement area provide more than one of the purposes listed in RCW .I I I, special assessments may be imposed in a manner that measures benefit from each of the separate purposes, or any combination of the separate purposes. Special assessments shall be imposed https://app.leg.wa.gov/RCW/defaultaspx?cite=35.87A&full=true 4/9 4/24/2020 Chapter 35.87A RCW: PARKING AND BUSINESS IMPROVEMENT AREAS and collected annually, or on another basis specified in the ordinance establishing the parking anc13 business improvement area. c4 6; c I„: 2; 19 c - 2; 171 exs. L] RCW - . Special assessments—Same basis or rate for classes not required—Factors as to parking facilities. The special assessments need not be imposed on different classes of business and multifamily residential or mixed-use projects, as determined pursuant to RCW 35.8'72m00, on the same basis or the same rate. The special assessments imposed for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be imposed on the basis of benefit determined by the legislative authority after giving consideration to the total cost to be recovered from the businesses and multifamily residential or mixed-use projects upon which the special assessment is to be imposed, the total area within the boundaries 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 within each business, and such other factors as the legislative authority may find and determine to be a reasonable measure of such benefit. [ <93 cex.s. RCW Ordinance to establish—Adoption—Contents. If the legislative authority, following the hearing, decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information: (1) The number, date and title of the resolution of intention pursuant to which it was adopted; (2) The time and place the hearing was held concerning the formation of such area; (3) The description of the boundaries of such area; (4) A statement that the businesses and multifamily residential or mixed-use projects in the area established by the ordinance shall be subject to the provisions of the special assessments authorized by RCW .07 11; (5) The initial or additional rate or levy of special assessment to be imposed with a breakdown by classification of business and multifamily residential or mixed-use project, if such classification is used; and (6) A statement that a parking and business improvement area has been established. (7) The uses to which the special assessment revenue shall be put. Uses shall conform to the uses as declared in the initiation petition presented pursuant to RCW 3 3 . [ 1 3 ci * , ; I* I ex c RCW A https://app.leg.wa.gov/RCW/default.aspx?cite=35.87A&full=true 5/9 4/24/2020 Chapter 35.87A RCW:PARKING AND BUSINESS IMPROVEMENT AREAS Use of revenue—Contracts to administer operation of area. 9 The legislative authority of each city or town or county shall have sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes; however, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to its use, or the legislative authority may create a new advisory board or commission for the purpose. 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: PROVIDED, That such administration must comply with all applicable provisions of law including this chapter, with all county, city, or town resolutions and ordinances, and with all regulations lawfully imposed by the state auditor or other state agencies. [ ex.s. c 45 11] RCW 35.21 .1 4 Use of assessment proceeds restricted. The special assessments levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose. [ 671 exs ( A RCW RCW Collection of assessments. Collections of assessments imposed pursuant to this chapter shall be made at the same time and in the same manner as otherwise prescribed by Title 35 RCW or in such other manner as the legislative authority shall determine. [ 1 71 -x.s. c RCW A Changes in assessment rates. 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. The legislative authority shall adopt a resolution of intention to change the rate or additional rate of special assessment at least fifteen days prior to the hearing required by this section. This resolution shall specify the proposed change and shall give the time and place of the hearing. Proceedings to change the rate or impose an additional rate of special assessments shall terminate if protest is made by businesses or multifamily residential or mixed-use projects in the proposed area which would pay a majority of the proposed increase or additional special assessments. https://app.leg.wa.gov/RCW/default.aspx?cite=35.87A&full=true 6/9 4/24/2020 Chapter 35.87A RCW: PARKING AND BUSINESS IMPROVEMENT AREAS [ 3 C 4 ; 1 71exscA 10 RCW Benefit zones—Authorized—Rates. The legislative authority may, for each of the purposes set out in RCW 35.87; .#1 I, 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 special assessment within each such benefit zone. [ 1971 ex.s. c 45 15.] RCW 35.47. .14,4! :en° zones—Establishment, modification and disestablishment of area provisions and procedure to be followed. All provisions of this chapter applicable to establishment or disestablishment of an area also apply to the establishment, modification, or disestablishment of benefit zones pursuant to *RCW ,55.87A.150. The establishment or the modification of any such zone shall follow the same procedure as provided for the establishment of a parking and business improvement area and the disestablishment shall follow the same procedure as provided for disestablishment of an area. [ 171 ex.s. c 1J NOTES: *Reviser's note: "RCW 35.87A.150" has been translated from "section 13 of this act," as the reference to section 13, herein codified as RCW 35.87A.130, was apparently erroneous. RCW Exemption period for new businesses and projects. Businesses or multifamily residential or mixed-use projects established after the creation of an area within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not exceeding one year from the date they commenced business in the area. [ 3 c exs. c 17 ] RCVV Disestablishment of area—Hearing. https://app.leg.wa.gov/RCW/default.aspx?cite=35.87A&full=true 7/9 4/24/2020 Chapter 35.87A RCW: PARKING AND BUSINESS IMPROVEMENT AREAS The legislative authority may disestablish an area by ordinance after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. [ 1!71e> s. c *.] RCW 35 Z7 1 •,-* •isestablishment of area—Assets and liabilities. Upon disestablishment of an area, any proceeds of the special assessments, or assets acquired with such proceeds, or liabilities incurred as a result of the formation of such area, shall be subject to disposition as the legislative authority shall determine: PROVIDED, HOWEVER, Any liabilities, either current or future, incurred as a result of action taken to accomplish the purposes of RCW 35.87A.010 shall not be an obligation of the general fund or any special fund of the city or town, but such liabilities shall be provided for entirely from available revenue generated from the projects or facilities authorized by RCW 35.87A.010 or from special assessments on the property specially benefited within the area. [ 1971 ex.s. c 45 19.] RCW Bids required—Monetary amount. Any city or town or county authorized by this chapter to establish a parking improvement area shall call for competitive bids by appropriate public notice and award contracts, whenever the estimated cost of such work or improvement, including cost of materials, supplies and equipment, exceeds the sum of two thousand five hundred dollars. [ 1971 exs. c 20.] RCW 35 *7A - Computing cost of improvement for bid requirement. The cost of the improvement for the purposes of this chapter shall be aggregate of all amounts to be paid for the labor, materials and equipment on one continuous or inter-related project where work is to be performed simultaneously or in near sequence. Breaking an improvement into small units for the purposes of avoiding the minimum dollar amount prescribed in RCW 35. 7-.21 is contrary to public policy and is prohibited. [ 31 xs. c4 I.] RCW .; Ai1t https://app.leg.wa.gov/RCW/default.aspx?cite=35.87A&full=true 8/9 4/24/2020 Chapter 35.87A RCW: PARKING AND BUSINESS IMPROVEMENT AREAS Existing laws not affected—Chapter supplemental—Purposes may be 12 accomplished in conjunction with other methods. This chapter providing for parking and business improvement areas shall not be deemed or construed to affect any existing act, or any part thereof, relating to special assessments or other powers of counties, cities and towns, but shall be supplemental thereto and concurrent therewith. The purposes and functions of parking and business improvement areas as set forth by the provisions of this chapter may be accomplished in part by the establishment of an area pursuant to this chapter and in part by any other method otherwise provided by law, including provisions for local improvements. [ 1971 ex.s. c https://app.legma.gov/RCW/defaultaspx?cite=35.87A&full=true 9/9 1 3 BUSINESS OF THE CITY COUNCIL YAKIMA,WASHINGTON AGENDA STATEMENT Item No. For Meeting of: November 20, 2012 ITEM TITLE: Public hearing to consider legislation modifying the Downtown Yakima Business Improvement District in accord with the terms of Council Resolution 2012-131, as required by statute for public participation in the consideration of said modification. SUBMITTED BY: Jeff Cutter, City Attorney CONTACT Jeff Cutter/575-6030 PERSON/TELEPHONE: SUMMARY EXPLANATION: On October 16, 2012 the City Council set November 20th, 2012 as the date for a public hearing, as required by RCW 35.87A, to consider the modification of the Downtown Yakima Business Improvement District (DYBID), making revisions to the DYBID Area, services provided and assessments collected, all as described in the attached Ordinance. Following the public hearing the City Council may choose to modify said DYBID consistent with the terms of Resolution 2012-131 and the attached Ordinance.Alternatively,following the hearing the Council may decide to amend the attached Ordinance, which depending upon the amendment(s) proposed, may require a continuation of the public hearing after an opportunity for further notice so that the parties subject to the proposed assessments have opportunity to comment on the amended proposal (RCW 35.87A.070). Other Resolution Ordinance X (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR 111°P wry' City Manager SUBMITTAL: STAFF RECOMMENDATION: 14 Consider the legislation presented. BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download El PBIA-2012 DYBID Modification Ord-11-2012 El Exhibit A-DYBID ZoneMap2012 El Exhibit B-DYBID PB1A-Intent to Modify DYBID Area Services&Assessments 15 ORDINANCE NO. 2012-44 AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business Improvement Area; modifying the existing Downtown Yakima Business Improvement District (hereinafter DYBID) boundaries to 1) provide for a reduced assessment area, 2) modify the services provided within the DYBID area and 3) change the assessment structure applicable to the modified DYBID area: WHEREAS, the City Council desires to modify the existing Downtown Yakima Business Improvement District (hereinafter "DYBID") by 1) reducing the overall area of the DYBID from the present Zones A and B to a reduced Zone A, as indicated on Exhibit A attached hereto and incorporated herein by this reference, 2) revising the specific services to be provided within the assessment area as indicated on Exhibit B, attached hereto and incorporated herein by this reference and 3) changing the assessment structure to provide for reduced assessments for habitable vacant property located within the DYBID; and • WHEREAS, the City Council adopted Resolution No. R-2012-131 and set a public hearing relating to the modification of said Downtown Yakima Business Improvement District, proposing modification to the geographic description of the Downtown Yakima Business Improvement District, the proposed uses and projects to be financed within said Downtown Yakima Business Improvement District, and the proposed special assessments to be levied upon businesses within said Downtown Yakima Business Improvement District; and WHEREAS, notice of the hearing set for November 20 2012, at 7:00 p.m., was issued as provided in RCW 35.87A.050; and WHEREAS, a public hearing concerning the modification of the Downtown Yakima Business Improvement District was held on November 20 2012, at 7:00 p.m., in the City Council Chambers of City Hall, 129 North Second Street, Yakima, Washington; Now, Therefore; BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Council (the "Council") of the City of Yakima, Washington, hereby modifies the existing Downtown Yakima Business Improvement District, in accord with Chapter 35.87A RCW, to 1) reduce the overall assessment area from the previous inclusion of two assessment/service zones to one reduced Zone A, (2) modify the specific scope of services to be provided within the assessment district, and 3) change the assessment structure for properties within the modified area to provide a twenty five percent (25%) reduced assessment for properties with vacant habitable space. The modified DYBID boundaries are specifically described and illustrated in Exhibit A, attached hereto and by this reference incorporated herein. Section 2. The modified scope of services describing the 'uses and projects to which the special assessments shall be applied are set forth in Exhibit "B", attached hereto and by this reference fully incorporated herein. The special assessments shall be applied among the various uses and projects set forth in Exhibit "B" so as to accomplish, as nearly as may be possible, all such uses and projects for which said assessments are estimated and budgeted, as set forth in Section 5 hereof. If the City determines, in consultation with any contractor retained by the City to accomplish the 1 16 purposes of the DYBID ("Contractor"), and with full consideration of any recommendations from the DYBID Advisory Board, that it has become impractical or undesirable to accomplish any of the described uses or projects set forth in Exhibit "B" by reason of increased costs, changed conditions or needs, alternative uses or 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 areas; 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 Contractor and the DYBID Advisory Board, 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 DYBID subject to assessments, objections in writing are received from operators of businesses that would be required to pay more than fifty percent (50%) of the proposed special assessments within the DYBID. All such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not displace any ordinary street maintenance services regularly provided by the City. Section 3. Upon the effective date of the modifications special assessments shall be levied in accord with the conditions set forth herein, against all businesses within the modified DYBID area to provide funds necessary for the purposes set forth in Section 2 and Exhibit "B"; special assessments shall be levied upon the following classes of business and at the following modified rates: A. Property Assessment The Downtown Yakima Business Improvement District property assessment utilizes Assessed Property Value to determine the assessment. Each property owner within the Downtown Yakima Business Improvement District shall pay an assessment determined by the Yakima County Assessor's assessed value for the property owner's particular property as a percentage of the aggregate of all similarly assessed property values for all properties located within the corresponding DYBID Zone. The property's calculated DYBID assessment shall be determined at the time the DYBID is established and shall remain at that value throughout the term of this DYBID, unless amended in the interim by application of the statutory modification process set forth in RCW 35.87A.140, or as hereafter amended. Business Assessment The Downtown Yakima Business Improvement District business assessment shall be assessed based upon the City-issued business license. Each business license holder within the District shall be assessed a Downtown Yakima Business Improvement District business assessment of One Hundred Dollars ($100.00). 2 17 C. Non Profit Assessment Non-Profit organizations shall be assessed a reduced property assessment of sixty percent (60%) of the standard property assessment rate applied within the District. There shall be no discount for the business license fee. D. Property Assessment Reduction for Vacant Habitable Property Each property within the DYBID that has presently habitable space that is immediately available for lease or rent, but that is more than 50% vacant space at the time assessments are invoiced by the City, shall be entitled to receive a twenty five percent (25%) reduction in the standard assessment otherwise applied to the property when leased or rented. This reduction will be made as an adjustment by the City at the time the standard assessment is billed PROVIDED, it shall be the responsibility and duty of the property owner to timely assert the request for adjustment to the City and, upon request, to provide the City with reasonable evidence of the vacant status prior to the reduction being applied to the standard assessment value. It shall be necessary to reassert a claim for reduction at each assessment billing period to which the business vacancy reduction applies. If no such reduction is requested during a billing period or if insufficient evidence is provided by the business owner during any assessment collection period, as shall be determined in the sole discretion of the City, then no reduction shall be permitted. A request for reduction must be made at the time the assessment is due and may not be asserted after any applicable assessment period has passed. E. Calcullation of Property Assessments Based upon the property assessment methodology described above, property assessments for each Zone are established as follows: Assessment Per Dollar of Assessed Value $0.000937 F. Other Single-family residences and any building containing three or fewer residential units only that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ("DYBID") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance. G. Schools All Schools that are located in the DYBID shall not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ("DYBID") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance. H. Religious Institutions Religious institutions, including churches, that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ("DYBID") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance; PROVIDED, however, that religious institutions that are located in the DYBID are requested to make a suggested voluntary donation of Two Hundred Dollars ($200.00) per year to be contributed voluntarily to the fund consisting of the special assessments that are collected pursuant to this Ordinance. 3 18 Section 4. The total estimated annual budgetary requirement from DYBID sources necessary to provide the services and uses described in Section 2 and Exhibit "B" is One Hundred Eighty-Nine Thousand Three Hundred Twelve Dollars and 80 cents ($189,312.80). Section 5. The modified special assessments described herein will be levied annually following the effective date of the ordinance modifying the District boundaries, scope of services and assessments, until the DYBID is disestablished by the City Council through the statutory process set forth in ROW 35.87A.180, or as hereafter amended. Section 7. This ordinance shall become effective and shall be in full force and effect on January 1, 2013. PASSED BY THE CITY COUNCIL this 20th day of November, 2012. 1;1:41 111. NiaL Oki Micah Caw y, Mayor • „ * •.11/6 , ATTEST: tr) ft * .4. <if ••• ity Clerk Publication Date: November 23, 2012 Effective Date: January 1, 2013 • 4 All properties that have frontage on. Yakima Avenue from the intersection of 'th .Avenue with Yakima. Avenue easterly to the • Intersection of 9th Street with Y .k»a Avenue, as well as all i properties that arelocated south .of Martin Luther King Jr Boulevard ', _ • . :'-' -. r,:v.sov'': . between Front Street :and easterly to. 6th Street, as well as all . 7 ' . tp properties located north of Chesnut' Avenue between Front Street . andeasterly to -9th Street, as well as properties. located north of . . . . . 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Ilk' 100,'-'liiii'..'' . - '''\':I.';' ' St 1P4 a' , :: 1, : iiktc14r7:„01, \i q :\ .,,, iiit J. :.- •,apt :T.A.: k f "i0 . ,.; ,,:4.., 20 EXHIBIT "B" The Downtown Yakima Business Improvement District assessments shall be used to supplement the cost of contracting for the services necessary to fulfill the following purposes, unless said purposes are modified in accord with appropriate procedure. The term "CONTRACTOR" herein refers to the entity with which the City of Yakima contracts to perform the following tasks and services. Clean Services The CONTRACTOR shall provide no less than five thousand (5,000) employee hours of services throughout the Downtown Yakima Business Improvement District. CONTRACTOR will use the best equipment available to ensure the most efficient approach to clean services. The services provided will include: • Pressure Washing of Sidewalks — CONTRACTOR will provide necessary maintenance for the sidewalk features, cleaning by pressure washing them to remove spills, dirt and gum. Further, CONTRACTOR will regularly clean all street features including benches and water fountains and will provide additional maintenance attention as necessary following special events in the DYBID. • Weed Abatement —CONTRACTOR will spray and remove weeds throughout the entire district. • Daily Trash Removal — CONTRACTOR will regularly pan and broom sidewalks and curbs to remove trash and debris throughout the entire district and shall empty the trash receptacles within the DYBID area a minimum of two times per week or as necessary to maintain cleanliness. • Special Projects —CONTRACTOR will cooperate with the City of Yakima to remain flexible to work on special projects that come up each year. • Graffiti Removal —CONTRACTOR shall provide daily graffiti removal throughout the entire district, including both public and private property. CONTRACTOR's goal will be to remove graffiti within 24 hours of it being reported. After receiving a signed waiver from a private property owner, CONTRACTOR will remove any graffiti from private property for no charge. In the case of areas that receive graffiti damage regularly, CONTRACTOR will store extra paint to do the work on demand. CONTRACTOR shall use a combination of chemicals and pressure washing equipment that is sensitive to the various surfaces in downtown Yakima to accomplish the graffiti removal. • Winter Activities — CONTRACTOR shall remove snow from ADA ramps on sidewalks within the district and initiate calls for snow removal services in the downtown public parking lots. Landscape and Special Projects 21 The CONTRACTOR will manage and maintain the hanging baskets, planters and flower beds throughout downtown Yakima. The annual cost to maintain these and purchase necessary pots, plants and baskets annually will come from DYBID funds. On a regular basis, CONTRACTOR will deadhead, fertilize and properly maintain the baskets, planters and planting areas to ensure a positive feel and attractive look to downtown Yakima. The hanging baskets, flower beds and flower pots throughout the District will be planted with a variety of flowers during the summer months and seasonally appropriate plants in mid-September. All other planting areas throughout the District will be weeded, mulched and planted with a variety of flowers each summer. CONTRACTOR shall mow, fertilize and maintain the public lawn areas in the DYBID area during the summer and shall maintain the safety and appearance of ornamental lighting within the District. CONTRACTOR shall provide minor irrigation repair and maintenance to include end of season system drainage Safety Services The CONTRACTOR, in cooperation with the Yakima Police Department, shall work actively to create a safe environment for visitors, customers and employees by adding a security presence throughout the entire District. The program shall be active from April 15 to October 15 each year, seven days a week, eight hours a day. CONTRACTOR's security personnel shall be on the street from 11:00 a.m. — 7:30 p.m. daily. Their schedule will vary to accommodate special events and downtown activities. Each ambassador shall be connected through radio and cell phone to respond immediately to any downtown security issue. The ambassadors shall be trained to know local businesses and shall be a point of contact for those downtown users on the street who need help finding businesses and directions. Marketing/Communication The CONTRACTOR will be knowledgeable of the changes occurring in downtown and will advocate for the downtown business community to visitors and locals alike. • CONTRACTOR will assist the City in developing a District website. CONTRACTOR will work to expand individual listings for each District business to ensure that as many businesses as possible have an internet presence. The services will only be available to the businesses within the District. • CONTRACTOR will provide, at a minimum, a detailed annual report to the City Council and the DYBID Advisory Board describing the services provided in the previous year, describing issues and challenges related to the provision of services and meeting performance standards; report on potential projects that could affect the District. Administration The following staff position shall be required to be provided by the CONTRACTOR to perform the work included in the management plan. This position is a full time, year round position. 22 Maintenance Manager—the Maintenance Manager will lead all street level. The Maintenance Manager will coordinate all cleaning projects and work one on one with property owners to address cleaning and safety issues. The Maintenance Manager will be available via cell phone to all DYBID ratepayers to schedule quick and prompt service calls. 23 RESOLUTION NO. R-2012-131 A RESOLUTION of the City Council of the City of Yakima expressing the intent of the Council to modify the existing Downtown Yakima Business Improvement District (hereinafter DYBID) boundaries to provide for a reduced assessment area, a modification of the services provided within the DYBID area and to change the assessment structure applicable to the modified DYBID area; and setting the date for a public hearing to consider said modifications. WHEREAS, the City Council desires to express its intent to modify the existing Downtown Yakima Business Improvement District (hereinafter "DYBID") by 1) reducing the overall area of the DYBID from the present Zones A and B to a reduced Zone A, as indicated on Exhibit A attached hereto and incorporated herein by this reference, 2) revising the specific services to be provided within the assessment area as indicated on Exhibit B, attached hereto and incorporated herein by this reference and 3) changing the assessment structure to provide for reduced assessments for habitable vacant property and to collect assessments from government properties located within the DYBID; the City Council expresses its intent to make these modifications in accord with the processes set forth and provided in RCW 35.87A.075 and 35.87A.140; and WHEREAS, upon the adoption of this resolution expressing the City Council's intent to modify the existing DYBID in the manner set forth herein, the City Council shall also set the date, place and time for a public hearing for the consideration of each of the afore-mentioned modifications; and WHEREAS, during the public hearing to be held, if any or all of the City Council's proposed modifications are opposed by business owners and operators paying a majority of the proposed special assessments within the existing assessment area, the proceedings concerning the opposed modification(s) shall terminate, if no such opposition occurs, then following the public hearing the City Council shall consider an ordinance establishing the DYBID; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1 It is the intention of the City Council (the "Council") of the City of Yakima, Washington, to modify the existing Downtown Yakima Business improvement District, in accord with Chapter 35.87A RCW, for the purpose of 1) reducing the overall assessment area from the present inclusion of two assessment/service zones to one reduced Zone A, (2) modifying the specific scope of services to be provided within the assessment district, and .3) changing the assessment structure for properties within the modified area to provide a twenty five percent (25%) reduced assessment for properties with vacant habitable space. The modified DYBID boundaries are specifically described and illustrated in Exhibit A, attached hereto and by this reference incorporated herein. Section 2. The modified scope of services describing the uses and projects to which the special assessments shall be applied are set forth 24 in Exhibit "B", attached hereto and by this reference fully incorporated herein. The special assessments shall be applied among the various uses and projects set forth in Exhibit "B" so as to accomplish, as nearly as may be possible, all such uses and projects for which said assessments are estimated and budgeted, as set forth in Section 5 hereof. If the City determines, in consultation with any contractor retained by the City to accomplish the purposes of the DYBID ("Contractor"), and with full consideration of any recommendations from the DYBID Advisory Board that it has become impractical or undesirable to accomplish any of the described uses or projects set forth in Exhibit "B" by reason of increased costs, changed conditions or needs, alternative uses or 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 areas; 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 Contractor and the DYBID Advisory Board, 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 DYBID subject to assessments, objections in writing are received from operators of businesses that would be required to pay more than fifty percent (50%) of the proposed special assessments within the DYBID. All such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not displace any ordinary street maintenance services regularly provided by the City, Section 3. In the event that, following a public hearing such DYBID boundary and assessment modification is approved, upon the effective date of the modifications special assessments shall be levied in accord with the conditions set forth herein, against all businesses within the modified DYBID area to provide funds necessary for the purposes set forth in Section 2 and Exhibit "13"; special assessments .shall be levied upon the following classes of business and at the following modified rates: A, Property Assessment The Downtown Yakima Business Improvement District property assessment utilizes Assessed Property Value to determine the assessment. Each property owner within the Downtown Yakima Business Improvement District shall pay an assessment determined by the Yakima County Assessor's 2 5 assessed value for the property owner's particular property as a percentage of the aggregate of all similarly assessed property values for all properties located within the corresponding DYB1D Zone The property's calculated DYBID assessment shall be determined at the time the DYBID is established and shall remain at that value throughout the term of this DYBID, unless amended in the interim by application of the statutory modification process set forth in RCW 35.87A.140, or as hereafter amended. B. Business Assessment The Downtown Yakima Business Improvement District business assessment shall be assessed based upon the City-issued business license Each business license holder within the District shall be assessed a Downtown Yakima Business Improvement District business assessment of One Hundred Dollars ($100 00). C. Non Profit Assessment Non-Profit organizations shall be assessed a reduced property assessment of sixty percent (60%) of the standard property assessment rate applied within the District. There shall be no discount for the business license fee. D. Property Assessment Reduction for Vacant Habitable Property Each property within the DYBID that has presently habitable space that is immediately available for lease or rent, but that is more than 50% vacant space at the time assessments are invoiced by the City, shall be entitled to receive a twenty five percent (25%) reduction in the standard assessment otherwise applied to the property when leased or rented This reduction will be made as an adjustment by the City at the time the standard assessment is billed PROVIDED, it shall be the responsibility and duty of the property owner to timely assert the request for adjustment to the City and, upon request, to provide the City with reasonable evidence of the vacant status prior to the reduction being applied to the standard assessment value. It shall be necessary to reassert a claim for reduction at each assessment billing period to which the business vacancy reduction applies. If no such reduction is requested during a billing period or if insufficient evidence is provided by the business owner during any assessment collection period, as shall be determined in the sole discretion of the City, then no reduction shall be permitted. A request for reduction must be made at the time the assessment is due and may not be asserted after any applicable assessment period has passed. E. Calculation of Property Assessments Based upon the property assessment methodology described above, property assessments for each Zone are established as follows: Assessment Per Dollar of Assessed Value $0.000937 F. Other Single-family residences and any building containing three or fewer residential units only that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ('DYBID") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance. 26 G. Schools All Schools that are located in the DYBID shall not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ("DYBID") that is established in accordance with the procedures of Chapter 35 87A RCW and is described in this Ordinance. H. Religious Institutions Religious institutions, including churches, that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ("DYBID") that is established in accordance with the procedures of Chapter 35 87A RCW and is described in this Ordinance; PROVIDED, however, that religious institutions that are located in the DYBID are requested to make a suggested voluntary donation of Two Hundred Dollars ($200.00) per year to be contributed voluntarily to the fund consisting of the special assessments that are collected pursuant to this Ordinance Section 4 The total estimated annual budgetary requirement from DYBID sources necessary to provide the services and uses described in Section 2 and Exhibit "B" is One Hundred Eighty-Nine Thousand, Three Hundred Twelve Dollars and 80 cents ($189,312.80). Section 5. If approved after public hearing, the modified special assessments described herein will be levied annually following the effective date of the ordinance modifying the District boundaries, scope of services and assessments, until the DYBID is disestablished by the City Council through the statutory process set forth in RCW 35.87A.180, or as hereafter amended. Section 6. A public hearing shall be set to provide an opportunity for public comment regarding the modifications set forth herein, said public hearing to be held on November 20, 2012 at 7:00 p.m. in the City Council Chambers of City Hall, located at 129 N. 2nd St. in Yakima, WA. ADOPTED BY THE CITY COUNCIL this 30th day of October, 20121. . riZe..-X ... „ Aio „ Micah Cawley, ayor ..z:. ••.. le • ‘I• ATTEST: bc/: * Yfr .(' • (/) c -Oititl ()IRO „_ • Sonya Cla Tee, City Clerk 27 • t. Er '11/44 ‘14 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT item No. For Meeting of: October 30, 2012 :44( . :• ITEM TITLE: Resolution to consider Intent by City Council to modify DYBID boundary, modify service agreement and set a date of public hearing SUBMITTED BY: Jeff Cutter, City Attorney Joan Davenport, Acting Community Development Director CONTACT Jeff Cutter- 575-6030 PERSON/TELEPHONE: SUMMARY EXPLANATION: The Yakima City Council decided at the October 16, 2012 meeting to consider a Resolution to amend to the existing Downtown Yakima Business improvement District area (hereinafter DYB1D) boundaries to provide a reduced assessment area, a modification of the services provided within the DYBID area and to change to assessment structure applicable to the modified area, as well as set a date and time of public hearing. If adopted, this Resolution expresses the intent of the City Council to 1) modify the present DYBID area to eliminate Zone 2 and to reduce the size of Zone 1; 2)modify the Scope of Services provided in the DYBID; and 3)to change the certain assessment rates to provide a discount for habitable vacant properties in the District, all in accord with RCW 35.87A. On October 25, 2012, the DYBID Committee voted to recommend Exhibit A. Upon adoption of a Resolution, the City Council would be formally expressing its intent to make the proposed modifications set forth in the resolution and would also be setting the date of public hearing on the proposed modifications, said hearing to be held on November 20, 2012 at 7:00 PM int he City Council Chambers of city hall. Alternate Other Resolution and Resolution X Ordinance (specify) exhibits also included Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: 4110 Source: 28 APPROVED FOR SUBMITTAL: 440 * City Manager STAFF RECOMMENDATION: Consider Resolution and Exhibits. Approve Resolution and set date of public hearing. BOARD/COMMISSION RECOMMENDATION: The City Council has directed that a resolution of intent be presented to the full Council for consideration. ATTACHMENTS: Click to download EI resolution of intent to modify LII Exhibit A-Map El Exhibit B-Scope of Services 1110 All properties that have frontage on Yakima Avenue from the Y intersection of 7th Avenue with Yakima Avenue easterly to the intersection of 9th Street with Yakima Avenue, as well as all properties that are.located south of Martin .Luther King r Boulevard ` between Front Street and easterly to 6th Street, as well as all properties located north of Chestnut Avenuebetween Front Street A . and easterly to 9th .Street, as well as properties. located north of . 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''.k \ .\. k_,,..--,-*'. . 1:. .',\\ , ',\..,,,,,,mr- ' '--7;,' ' : -Witt.A7r,).„ ‘..'\. \ ...„,‘,,'— .,„.„,..-1-. \ V.\: \: ..it*ii ,,,::th ' 0# V.,,,:2.,„;. , tv -,,,.. . \\,„ ..,,„ . .00..\, . ,„,, .„ „„:. :._ ,.. , , ,...:„..,,,0 . ...... , \.,.... _ .. ...v,. ,„,,,\ - . . .. . .,,,,,.,„,,,,-. ..i,i,, o. \ . \ ----- v- ,,...„......,„ . . ,,,,-,,,!. 7.., , :P.' '. ..jib. . "lit :oiT., :.'..' .\11t:, ' :\- .--: ''-''''''''77'.\ A' .' .007-- ';':-1::" 10 - OA. —:. Q.ay ' \ r 0 fit. �W. Co F 30 • EXHIBIT "B" The Downtown Yakima Business Improvement District assessments shall be used to supplement the cost of contracting for the services necessary to fulfill the following purposes, unless said purposes are modified in accord with appropriate procedure. The term "CONTRACTOR" herein refers to the entity with which the City of Yakima contracts to perform the following tasks and services. Clean Services The CONTRACTOR shall provide no less than five thousand (5,000) employee hours of services throughout the Downtown Yakima Business Improvement District. CONTRACTOR will use the best equipment available to ensure the most efficient approach to clean services. The services provided will include: • Pressure Washing of Sidewalks—CONTRACTOR will provide necessary maintenance for the sidewalk features, cleaning by pressure washing them to remove spills, dirt and gum. Further, CONTRACTOR will regularly clean all street features including benches and water fountains and will provide additional maintenance attention as necessary following special events in the DYBID. . Weed Abatement— CONTRACTOR will spray and remove weeds throughout the entire district. • Daily Trash Removal—CONTRACTOR will regularly pan and broom sidewalks and curbs to remove trash and debris throughout the entire district and shall empty the trash receptacles within the DYBID area a minimum of two times per week or as necessary to maintain cleanliness. • Special Projects—CONTRACTOR will cooperate with the City of Yakima to remain flexible to work on special projects that come up each year. • Graffiti Removal—CONTRACTOR shall provide daily graffiti removal throughout the entire district, including both public and private property. CONTRACTOR's goal will be to remove graffiti within 24 hours of it being reported. After receiving a signed waiver from a private property owner, CONTRACTOR will remove any graffiti from private property for no charge. In the case of areas that receive graffiti damage regularly, CONTRACTOR will store extra paint to do the work on demand. CONTRACTOR shall use a combination of chemicals and pressure washing equipment that is sensitive to the various surfaces in downtown Yakima to accomplish the graffiti removal. • Winter Activities—CONTRACTOR shall remove snow from ADA ramps on sidewalks within the district and initiate calls for snow removal services in the downtown public parking lots. Landscape and Special Projects 31 The CONTRACTOR will manage and maintain the hanging baskets, planters and flower beds • throughout downtown Yakima. The annual cost to maintain these and purchase necessary pots, plants and baskets annually will come from DYBID funds. On a regular basis, CONTRACTOR will deadhead, fertilize and properly maintain the baskets, planters and planting areas to ensure a positive feel and attractive look to downtown Yakima. The hanging baskets, flower beds and flower pots throughout the District will be planted with a variety of flowers during the summer months and seasonally appropriate plants in mid-September. All other planting areas throughout the District will be weeded, mulched and planted with a variety of flowers each summer. CONTRACTOR shall mow, fertilize and maintain the public lawn areas in the DYBID area during the summer and shall maintain the safety and appearance of ornamental lighting within the District. CONTRACTOR shall provide minor irrigation repair and maintenance to include end of season system drainage Safety Services The CONTRACTOR shall work actively to create a safe environment for visitors, customers and employees by adding a security presence throughout the entire District. The program shall be active from April 15 to October 15 each year, seven days a week, eight hours a day. CONTRACTOR's security personnel shall be on the street from 11 00 a.m. — 7 30 p.m. daily. Their schedule will vary to accommodate special events and downtown activities. Each ambassador shall be connected through radio and cell phone to respond immediately to any downtown security issue. The ambassadors shall be trained to know local businesses and shall be a point of contact for those downtown users on the street who need help finding businesses 411) and directions. Marketing/Communication The CONTRACTOR will be knowledgeable of the changes occurring in downtown and will advocate for the downtown business community to visitors and locals alike. e CONTRACTOR will assist the City in developing a District website. CONTRACTOR will work to expand individual listings for each District business to ensure that as many businesses as possible have an internet presence. The services will only be available to the businesses within the District. e CONTRACTOR will provide, at a minimum, a detailed annual report to the City Council and the DYBID Advisory Board describing the services provided in the previous year, describing issues and challenges related to the provision of services and meeting performance standards; report on potential projects that could affect the District. Administration The following staff position shall be required to be provided by the CONTRACTOR to perform the work included in the management plan. This position is a full time, year round position. 411 32 Maintenance Manager—the Maintenance Manager will lead all street level activities. The Maintenance Manager will coordinate all cleaning projects and work one on one with property owners to address cleaning and safety issues. The Maintenance Manager will be available via cell phone to all DYBID ratepayers to schedule quick and prompt service calls. 411 110 33 • r ;ys FINANCE TO: Honorable Mayor and Members of the City Council Bob Harrison, City Manager FROM: Steve Groom, Finance Director DATE: September 4, 2020 RE: 2020 Downtown Yakima Business Improvement District (DYBID) This is to provide current data for the discussion concerning DYBID billing. The most recent assessments for 2020 followed these formulas inside the defined boundary of the Improvement District: • Property Owners: pay $.000937 per dollar of assessed value • Business License Holders: $100 assessed to each business license holder Using this methodology, for the 2020 billing cycle, the total billed was $184,750.95: • $155,050.95 based on valuation • $29,700 based on business licenses 35021 34 4 .4 : I I • I , A I • AGENDA STATEMENT Item No. For Meeting Of December 4, 2012 ITE TITLE: Amendment of the Downtown Yakima Business Improvement District Advisory Board reflecting a reduced membership and revised election process, as required by the Ordinance that modified the Downtown Yakima Business Improvement District. SUBMITTED BY: Jeff Cutter, City Attorney CONTACT PERSON/TELEPHONE: Jeff Cutter - 575-6030 SUMMARY EXPLANATION: The City Council recently modified the Downtown Yakima Business Improvement District (DYBID) to reduce the DYBID assessment area to a single zone. The modification requires a corresponding amendment to YMC 1.33.020 to make the election of DYBID Advisory Board members consistent with the single zone. During the October 16, 2012 City Council meeting the Council decided to reduce the Advisory Board membership from 7 members to 5 members. The current Advisory Board has recently indicated it is not fully in agreement with the Council's change to the Board's membership. Since the initial election of the presently seated seven Board members has already occurred, the amended Board membership serving out the first terms that began earlier this year shall be decided by them. Future elections and the conditions applying to them shall be provided in By-Laws the Board shall develop. As amended, there are to be five Board members chosen from applicants within the DYBID assessment area and meeting the general membership requirements. The Board shall be elected by votes cast by the assessed business owners and operators within the DYBID area, all in accord with the provisions of the attached Ordinance, and shall serve terms as set forth therein. Resolution Ordinance X Contract Other(Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the Ordinance in accord with the conditions of the DYBID BOARD/COMMISSION/COMMITTEE RECOMMENDATION: 4/24/2020 Chapter 1.33 DOWNTOWN YAKIMA BUSINESS IMPROVEMENT DISTRICT(DYBID)ADVISORY BOARD 35 Chapter 1 .33 BO • A A IM " RoVE T DISTRICT ( II : 1D) A VI ORY BOARD Sections: 1.33.110 BY:IB advisory board created. 1. 3.421 lection a • term of members. • 1 A s * id t •°1 t c -ir• r • , .ir• -rson, an. secreta • 1 eeti • - aval of embers. 1.33.051 Duties. 1.33.010 DYBID advisory board created. A DYBID advisory board is created as an advisory body to make recommendations to the city council on issues affecting the operation of the DYBID formed by city council through Ordinance 2011-58. The advisory board shall provide a direct line of communication between the assessed participants of the DYBID and the city council and shall generally provide the council with reports of the sufficiency of the services provided through the district, complaints or observations from assessed members of the district and requests for consideration of modifications to the district to meet the intended and expressed goals described in the ordinance establishing the DYBID. (Ord. 2012-01 § 1 (part), 2012). 1.33.020 Election and term of members. A. The DYBID advisory board shall consist of five members elected from among the assessed business owners and operators within the DYBID by the district's assessed business owners and operators. 1. Election. The assessed business owners and operators of the DYBID shall conduct an election process culminating in the election of five advisory board members from among the business owners and operators assessed by the DYBID who choose to seek election, all in accord with the provisions of this chapter. The election process shall be conducted by the existing membership of the DYBID advisory board as provided in subsection (A)(2) of this section. 2. Advisory Board. The advisory board representation shall be comprised of five members elected from among the business owners and operators assessed by the DYBID. Following the https://www.codepublishing.com/WA/Yakima/#!/Yakima01/Yakima0133.html#1.33 1/4 4/24/2020 Chapter 1.33 DOWNTOWN YAKIMA BUSINESS IMPROVEMENT DISTRICT(DYBID)ADVISORY BOARD initial election process the advisory board shall be responsible to conduct all subsequent application and election processes on behalf of the district, in a manner consistent with this chapter and as decided upon by the board. The specific application and election process shall be described in the advisory board bylaws established by the board. B. All advisory board members must represent business owners and operators assessed by the DYBID and shall reflect the diversity of population of the city of Yakima, including its racial, sexual, ethnic, cultural, educational and work force segments as well as other aspects of the community. C. Each advisory board member shall serve a three-year term and shall be eligible for reelection, with a limit of three consecutive terms served by any individual member; provided, the board members initially elected to the board shall serve terms as follows: two board members shall be elected for one- year terms, two board members shall be elected for two-year terms and one board member shall be elected for a three-year term. Any mid-term vacancy shall be filled for the unexpired term in the same manner as established for the general board election process and in accord with the terms of this chapter. (Ord. 2012-49 § 1, 2012: Ord. 2012-01 § 1 (part), 2012). 1.33.030 Appointment of the chairperson, vice-chairperson, and secretary. A. Upon the first meeting of the advisory board following initial appointment and thereafter annually at the first meeting of the advisory board after January 1st of each year, the members of the board shall appoint one of their number as the chairperson, one as vice-chairperson, and one as secretary, which persons shall hold office for one year and until their successors are appointed. Board members appointed to the positions identified in this section may be reappointed for up to three consecutive terms to the same position. (Ord. 2012-01 § 1 (part), 2012). 1.33.040 Meetings—Removal of members. A. The advisory board shall hold a regular meeting at least once every three months (quarterly). The meetings shall be open to the assessed participants of the DYBID as well as the general public. If a member of the board does not attend two consecutive regular meetings, unless excused by vote of the board, his or her membership shall automatically terminate and a replacement member shall be elected in accord with the provisions of this chapter. Special meetings may be called at any time by the chairperson, vice-chairperson or by three board members requesting a special meeting. Minutes of each meeting shall be kept by the secretary and sent to the city manager and city council. B. Any member of the board may be removed from the board by a vote of the majority of the advisory board members. Any resultant vacancy shall be filled for the remainder of the term assigned to the vacated position in accord with the provisions of this chapter. (Ord. 2012-01 § 1 (part), 2012). 1.33.050 Duties. https://vvww.codepublishing.com/WA/Yakima/M/Yakima01/Yakima0133.html#1.33 2/4 4/24/2020 Chapter 1.33 DOWNTOWN YAKIMA BUSINESS IMPROVEMENT DISTRICT(DYBID)ADVISORY BOARD The DYBID advisory board shall: 37 A. Hold a board meeting within one month of the appointment of the initial board members, during which the positions identified in YMC 1.33.030 shall be decided, and during which the board members shall prepare a set of bylaws to provide for the orderly conduct of the meetings and business of the advisory board, establishing the specific means by which the objectives and requirements of this chapter shall be met and generally establishing the operational framework of the advisory board. B. Meet together as a board, making provision for DYBID assessed business owners and operators that choose to attend said meetings to be present and permitted a reasonable opportunity to participate therein. The board shall consider and discuss input from the assessed business owners and operators within the DYBID, the quality and sufficiency of the services provided by the entity or entities contracting with the city for the services described in the DYBID establishing ordinance, and generally how the district might better meet the desires of those assessed for the services provided. The advisory board shall be expected to communicate the reports, requests and recommendations generated as a result of the regular board meetings to the city council on an ongoing basis. C. Appear before the city council on a quarterly basis at a time set by cooperation of the board chairperson and the Yakima city clerk, at which time the board representative shall present any reports, concerns or requests that the board would like the city council to consider on behalf of the DYBID. No less than annually the board shall submit a written advisory report to the city council that comprehensively describes the prior year's service performance and how well expectations consistent with the scope of services identified in the DYBID establishing ordinance have been accomplished. The annual report will also include all recommendations of the board regarding the continuing operation of the district. D. Consider unresolved complaints and disagreements between assessed business owners and operators and those providing services on behalf of the DYBID and advise the city council of issues requiring attention. E. Perform such other duties as the board deems appropriate to fulfill the duties and purposes set forth in this chapter on behalf of the district. (Ord. 2012-01 § 1 (part), 2012). The Yakima Municipal Code is current through Ordinance 2020-001, passed January 7, 2020. Disclaimer: The city clerk's office has the official version of the Yakima Municipal Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. Click here to view recently enacted ordinances not yet codified. https://www.codepublishing.com/WA/Yakima/M/Yakima01/Yakima0133.html#1.33 3/4 4/24/2020 Chapter 1.33 DOWNTOWN YAKIMA BUSINESS IMPROVEMENT DISTRICT(DYBID)ADVISORY BOARD City Website: https://www.yakimawa.gov/ 38 City Telephone: (509) 575-6037 Code Publishing Company https://www.codepublishing.com/WA/Yakima/M/Yakima01/Yakima0133.html#1.33 4/4