Chapter 5.06 — DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT

To distinguish between district businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply:

"Billing period" shall refer to the fiscal year, commencing July 1 of the initial year and each and every year thereafter unless disestablished per Section 5.06.130 of this chapter.

"Financial" includes banks, savings & loans, credit unions, etc.

"Fiscal year" means July 1st to and including June 30th of the following calendar year.

"Professional" includes attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists, photographers and designers.

"Restaurants" include cafes, eating establishments, sandwich shops, dinner houses, restaurants and fast food services and other similar businesses.

"Retail businesses" include all businesses not covered by other definitions set out in this section, at least 50% of whose gross income is derived from "retail sales" as that term is defined under the California Sales and Use Tax Law. The fact that a substantial part of its business consists of sales other than retail sales does not exclude said business from this classification so long as such other business component does not account for more than 50% of said business' gross income.

"Sales and service" businesses include businesses that combine retail and product services. Examples are appliance stores, most automotive-oriented businesses, repair shops, repairing and servicing businesses and service stations. Other businesses of a general service-type nature such as personal care salons, lodging, general office, news and advertising media, printers, renting and leasing businesses, utilities, vending machine businesses, household finance companies, entertainment businesses and other similar businesses not otherwise included in this section. (Ord. 1839 § 1, 2019)

A Parking and Business Improvement District is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the district and the benefit zones within the district shall be as set forth on Exhibit "A". This district shall be known as the "Downtown Oroville Business Improvement District," (the "District").

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.06.020

§ 5.06.040

Exhibit A

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(Ord. 1839 § 1, 2019)

There shall be a board of directors ("board") of the district to administer the affairs of the district. Said board shall be constituted of businesses within the district. Within the board there shall be a president, vice-president, secretary and treasurer elected by the membership, and such other officers as deemed necessary by the board. Such other officers shall be appointed by the board of directors at their discretion. All voting within the district regarding election of board members and any actions regarding the normal and routine conducting of district business shall be based on one vote per assessed dollar, and said business must be current in payment of their district assessment(s) to participate in such votes. (Ord. 1839 § 1, 2019)

All businesses, trades, and professionals located within the district shall, commencing July 1, 2019, pay an annual benefit assessment to the district in the following amounts:

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Zones of Benefit: Zone A Zone B
Retailers and restaurants (Small) $250 $150
(Large) $350 $150
Service Businesses $200 $100
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City of Oroville, CA

OROVILLE CODE

§ 5.06.040

§ 5.06.050

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Zones of Benefit: Zone A Zone B
Professional Businesses $200 $100
Financial $500 $500
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• A. The average benefit assessment is $196.37 per year.

• B. Zones of benefit are determined by the map in Exhibit A of the resolution of intent.

• C. Size category is determined by number of full-time employees as follows:

  1. Small is 1-3 full-time employees including owner

  2. Large is 4 or more full-time employees including owner.

• D. Business type definitions are as follows:

  1. Retail and Restaurant. Businesses that buy and resell goods, examples are clothing stores, shoe stores, office supplies as well as businesses that sell prepared foods.

  2. Service Businesses. Businesses that sell services. Examples are beauty and barber shops, repair shops, most automotive-oriented businesses, lodging businesses, entertainment businesses such as theaters, etc.

  3. Professional Businesses. Includes architects, engineers, attorneys, dentists, doctors, accountants, optometrists, realtors, insurance offices, mortgage brokers and most other businesses that require advanced and/or specialized licenses and/or advanced academic degrees.

  4. Financial Institutions. Includes banking and savings and loan institutions as well as credit unions, etc.

• (Ord. 1839 § 1, 2019)

The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the district are to be determined by the board of directors of the ODBA, but initially 40% to civic beautification and signage programs and 60% to commercial marketing and special events, generally as follows:

• A. The acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of 5 years or more including, but not limited to, the following improvements:

  1. Benches;

  2. Trash receptacles;

  3. Decorations;

  4. Facade improvements;

  5. Permanent landscaping.

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.06.050

§ 5.06.100

• B. Activities including, but not limited to, the following:

  1. Promotion of public events which benefit businesses in the area and which take place on or in public places within the area;

  2. Furnishing of music in any public place in the area;

  3. Any other activities which benefit businesses located and operating in the area, including, but not limited to, downtown markets, commercial marketing, advertising and promotional programs.

• (Ord. 1839 § 1, 2019)

No person or business within the district shall be required to pay an assessment based on: (a) a residential use of the property within the district; or (b) a nonprofit organization as defined by Section 501 (C) (3) or (C) (6) of the Internal Revenue Service Code. (Ord. 1839 § 1, 2019)

Any new business established within the district shall not be required to pay an assessment for the billing period during which said business is initiated. The business will have been considered initiated on the date of issuance of the business license. This waiver shall not apply to an existing business that has changed ownership or location within the district. The city agrees to supply the district with timely information regarding new businesses initiated within the district. (Ord. 1839 § 1, 2019)

The benefit assessment authorized by Section 5.06.040 for Oroville businesses shall be billed each calendar year on January 1, and collected on July 1. The city will bill and collect the assessments, at no charge to the district and forward all funds collected to the district within 30 days of collection.

(Ord. 1839 § 1, 2019)

Contributions to the district shall be permitted on a voluntary basis. The boundary of the district shall not be modified as a result of the contribution. Said contributing business may be considered a member of the district for voting or other purposes upon approval by the board of directors. However, said business making a voluntary contribution may be entitled to participate in the programs of the district upon a finding by the board of directors that the district derives a benefit from said business' participation in the program. (Ord. 1839 § 1, 2019)

Pursuant to the act, it shall be necessary for the district board of directors to present an annual budget for city council review and approval prior to the beginning of each fiscal year. The purpose of this process is to comply with the act provisions regarding public notice and hearing prior to establishing the benefit assessments for the following fiscal year. The city shall not

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City of Oroville, CA

OROVILLE CODE

§ 5.06.100

§ 5.06.130

adopt, modify or otherwise amend any fiscal year budget of the district that is inconsistent in any way with said fiscal year's budget as agreed to and presented by the district board of directors except in the case of a written majority protest (regarding elimination or modification of any specific budget item) from business owners which will pay 50% or more of the assessments proposed to be levied as to any specific budget item pursuant to California Government Code Section 36525(b) . In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the district's proposed budget pursuant to the written protest.

(Ord. 1839 § 1, 2019)

As provided for within the guidelines of Streets and Highways Code Section 36500 et seq. (SB 1424 - Parking and Business Improvement Law of 1989, Chapter 2), decisions of the district board of directors regarding expenditure of all funds generated under this program shall be final. (Ord. 1839 § 1, 2019)

City specifically finds and declares that the funds derived from the district shall not be used to offset or diminish current maintenance, capital improvement programs, including, but not limited to, public property and sidewalk cleaning, street cleaning and maintenance, tree maintenance, restroom cleaning and maintenance. The city declares its intent to provide at least the same level and standard of maintenance and repair of public property within the district providing city funds are available from year to year. (Ord. 1839 § 1, 2019)

Proceeding to disestablish the district shall be initiated by the city council following the presentation of a petition to the city council signed by business owners paying 50% or more of the assessments levied in the district. Proceedings to disestablish the district shall follow the procedures set forth in California Government Code Section36550. The city council shall disestablish the district if, following the public hearing prescribed in California Government Code Section36550(b), written protests are not withdrawn as to reduce the protests below the 50% level. In the event of disestablishment of the district, remaining revenues of the district shall be refunded to paying business owners in a pro-rata manner calculated in the same manner as was used to establish the most recent assessments applied in the district. (Ord. 1839 § 1, 2019)

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.08.010

§ 5.08.020