Sacramento Municipal Code Ch. 3.100 Franklin Boulevard Business Improvement Area

This chapter is adopted pursuant to the "Parking and Business Improvement Area Law of 1979," being Section 36500 et seq. of the California Streets and Highways Code, and Resolution of Intention No. 85-766, adopted by the city council on October 8, 1985, and titled "A resolution of the city council of the city of Sacramento, California, declaring its intentions to establish a business improvement area in the Franklin Boulevard area, to provide for levying of charges on specified businesses conducted within such area, classifying various businesses for such purposes, describing the boundaries of the proposed area, the authorized uses to which the proposed revenues shall be put, the rate of such charges, fixing the time and place of a hearing to be held by the city council to consider the establishment of such an area, and directing the giving of notice of such hearing." Such resolution was published and mailed as provided by law, and hearings thereon were held by the city council at its regular meeting on October 8, 1985, at which time all persons desiring to be heard, and all objections made or filed, were fully heard. The city council duly concluded the hearing on October 29, 1985, and determined that protests objecting to the formation of the area have not been made by a majority of the businesses within the area and that such protests are overruled and denied. The city council finds that the business and improvement area, in the opinion of the city council, will be benefited by the expenditure of the funds raised by the charges proposed to be levied. (Prior code § 23.09.740)

There is established a business improvement area which shall be known as the "Franklin Boulevard business improvement area of the city of Sacramento," herein referred to as the "area" for brevity and convenience. The description of the area is as follows:

Beginning at the intersection of the centerlines of 12th Avenue and the State Highway 99; thence southeasterly along said centerline of said State Highway 99 to its intersection with the centerline of Fruitridge Road; thence East 2140 feet more or less along said centerline of Fruitridge Road to its intersection with the southerly extension of the West line of Lot 10093 of Fruitridge Park of which is recorded in the office of the recorder of Sacramento County in book 7 of maps, page 32; thence North 225 feet along the west line of Lots 10093, 10092, 10091 and 10090 to the northwest corner of Lot 10090; thence East 220 feet along the North line of said Lot 10090 to the centerline of Enrico Blvd.; thence South 225 feet along said centerline of Enrico Blvd. to the centerline of Fruitridge Road and the Northeast corner of records of survey of which is recorded in the office of the recorder of Sacramento County in book 32, page 36; thence S. 00 00'27" E. 1298.91 feet to the southeast corner of said record of survey; thence N. 89 42'10" W. 369.01 feet to the southwest corner of said record of survey; thence North 120 feet more or less to the centerline of 35th Ave.; thence westerly along said centerline of 35th Ave. to its intersection with the centerline of Mendocino Blvd.; thence southerly along said centerline of Mendocino Blvd. 110 feet more or less to its intersection with the centerline of 35th Ave.; thence westerly along said centerline of 35th Ave. to its intersection with the centerline of Martin Luther King, Jr. Blvd.; thence southerly along said centerline of Martin Luther King, Jr. Blvd. to its intersection with the centerline of State Highway 99; thence southerly along said centerline of State Highway 99 to its intersection with the centerline of 47th Ave.; thence easterly along said centerline of 47th Ave. to its intersection with the centerline of 47th Street; thence southerly along the centerline of said 47th Street to its intersection with the centerline of Underwood Way; thence southerly and westerly along said centerline of Underwood Way to its intersection with Maynard Way; thence northwesterly along said centerline of Maynard Way to its intersection with the centerline of the pedestrian overpass over State Highway 99; thence westerly along said centerline of the pedestrian overpass to the easterly projection of the centerline of Turnbridge Drive; thence westerly along said easterly projection and the centerline of Turnbridge Drive to its intersection with the centerline of Bowling Drive; thence continuing along said centerline of Turnbridge Drive 150 feet to a point South of the southwest corner of Lot 209 of Bowling Green No. 2 of which is recorded in the office of the recorder of Sacramento County in book 48 of maps, page 25; thence northerly 122.75 feet along the southerly projection of the west lot line of said Lot 209 and said west lot line of Lot 209 to the southwest corner of Lot 210 of Bowling Green No. 3 of which is recorded in the office of the recorder of Sacramento County in Book 54 of maps, page 15, thence northerly 869.76 feet along the west lot line (parallel with and 150 feet west of the centerline of Bowling Drive) of said Lot 210 thru Lot 215, the west lines of parcels F thru A of parcel map of which is recorded in the office of the recorder of Sacramento County in book 1 of parcel maps, page 36, and the west lot line of lot 337 of Bowling Green No. 4 of which is recorded in the office of the recorder of Sacramento County in book 75 of maps, page 19 and its northerly extension to the centerline of Cuny Avenue; thence westerly along said centerline of Cuny Avenue 1210 feet more or less to the northwest corner of the Fern Bacon Junior High School property; thence South 486.50 feet; thence S. 89 50'40" W. 374.53 feet to the easterly right-of-way line of Franklin Boulevard; thence southerly along said easterly right-of-way line S. 22 46'35" E. 555.12 feet; thence N. 67 13'25" E. 225.29 feet; thence S. 37 16'25" E. 605.80 feet; thence continuing S. 37 16'25" E. to its intersection with the centerline of said Turnbridge Drive; thence westerly along said centerline of Turn-bridge Drive to its intersection with the centerline of Franklin Boulevard, also being the Sacramento City limits; thence northwesterly 80 feet along said centerline of Franklin Boulevard and the Sacramento City limits to the northeast corner of parcel A of parcel map, the official plat of which is recorded in the office of the recorder of Sacramento County in book 20 of parcel maps, page 40; thence continuing along said Sacramento City limits described as follows: running thence westerly 788.96 feet along the northerly boundary of said parcel A to the northwest corner of said parcel A; thence north 125 feet more or less to the southeast corner of a parcel map of which is recorded in the office of the recorder of Sacramento County in book 4 of parcel maps, page 25; thence northerly 908.93 feet along the east boundary line of said parcel map book 4, page 25 and its northerly projection to the intersection with the centerline of 52nd Avenue; thence westerly 378.70 feet along said centerline of 52nd Avenue; thence south 30 feet to the most northwesterly corner of said parcel map book 4, page 25; thence southerly along the westerly boundaries of said parcel map book 4, page 25; thence southerly along the westerly boundaries of said parcel map book 4, page 25; south 534.50 feet, west 240 feet, south 181.50 feet, west 300 feet, south 185.56 feet to the most southwesterly corner of said parcel map book 4, page 25; thence west 1237 feet more or less to the easterly right-of-way line of the union pacific railroad; thence northwesterly along said easterly right-of-way line of the union pacific railroad to a point where the Sacramento City limits leaves said right-of-way line; thence continuing northwesterly 2670 feet along said right-of-way line to its intersection with the centerline of Fruitridge Road

ge 25; thence west 1237 feet more or less to the easterly right-of-way line of the union pacific railroad; thence northwesterly along said easterly right-of-way line of the union pacific railroad to a point where the Sacramento City limits leaves said right-of-way line; thence continuing northwesterly 2670 feet along said right-of-way line to its intersection with the centerline of Fruitridge Road; thence westerly 615 feet along said centerline of Fruitridge Road; thence South 190 feet; thence N. 89 31' W. 396 feet to the centerline of 24th Street; thence southerly 80 feet along said centerline of 24th Street to its intersection with the centerline of 32nd Avenue; thence westerly 500 feet along said centerline of 32nd Avenue to its intersection with the centerline of James Way; thence northerly 200 feet along said centerline of said James Way to its intersection with said centerline of Fruitridge Road; thence easterly 240 feet along said centerline of Fruitridge Road to its intersection with the centerline of a 20 foot wide alley, said alley is located westerly and parallel with the centerline of said 24th Street a distance of 260 feet; thence northerly 371.04 feet along the centerline of said alley to its intersection with the centerline of Knight Way; thence easterly 264.99 feet along the centerline of said Knight Way to its intersection with the centerline of said 24th Street; thence northerly 1944.49 feet along the centerline of said 24th Street to the northeasterly corner of Hollywood Park view subdivision, the official plat of which is recorded in the office of the recorder of Sacramento County in book 25 of maps, page 22; thence northwesterly 205.29 feet along the north line of said Hollywood Park view subdivision; thence N. 00 29'28" E. 80.0 feet more or less to the south lot line of lot 17 of Hollywood Terrace, the official plat of which is recorded in the office of the recorder of Sacramento County in book 29 of maps, page 12; thence easterly 19.69 feet along the south line of said Lot 17 to the southeast corner of said lot 17; thence northerly 252.34 feet along the east lot lines of said lot 17, lots 16, 15, and 14 to the centerline of 20th Avenue; thence easterly 70.06 feet along the centerline of said 20th Avenue; thence northerly 141.08 feet along the east lot line of lot 30 of South College Tract, the official plat of which is recorded in the office of the recorder of Sacramento County in book 25 of maps, page 10, to the south lot line of lot 33 of said South College Tract; thence westerly along the south line of said lot 33 a distance of 15 feet; thence northerly 130 feet parallel with the west lot line of said lot 33 to the centerline of 19th Avenue; thence easterly 30 feet along the centerline of said 19th Avenue; thence northerly 130 feet along the west lot line of lot 41 of said South College Tract to the northwest corner of said lot 41; thence westerly 265 feet along the north lot lines of lots 40, 39, 38, and 37 to the centerline of Attawa Avenue; thence northerly 160.26 feet along the centerline of said Attawa Avenue to the southerly boundary of Terminal Tract, the official plat of which is recorded in the office of the recorder of Sacramento County in book 11 of maps, page 14; thence easterly 153 feet along the southerly boundary of said Terminal Tract to the centerline of a 20 foot alley (abandoned) located between said Attawa Avenue and said 24th Street; thence northwesterly 1220.0 feet along the centerline of said alley to its intersection with the westerly projection of the north lot line of lot 34 of said Terminal Tract; thence easterly along the north lot line of said lot 34 a distance of 55 feet to the southwest corner of lot 3 of fair view, the official map of which is recorded in the office of the recorder of Sacramento County in book 3 of maps, page 2, thence northerly 178 feet along the west lot line of said lot 3 of Fair View to the centerline of Sutterville Road; thence easterly along said centerline of Sutterville Road, to its intersection with the centerline of said State Highway 99, also being the point of beginning, which was described as the intersection of the centerlines of said State Highway 99 and 12th Avenue. In addition to the redevelopment area, the area expansion is to include commercial properties fronting Franklin Boulevard from Broadway to Sutterville Road and 12th Avenue, excluding properties which front Broadway.

The businesses located in the area shall be subject to any future amendments to the "Parking and Business Improvement Area Law of 1989" (commencing with Section 36500 of the Streets and Highways Code). (Prior code § 23.09.741)

The authorized uses to which the additional revenue shall be put are as follows:

A. The general promotion of business activities in the area;

B. Promotion of public events which are to take place on or in public places in the area;

C. Decoration of any public place in the area;

D. Furnishing of music in any public place in the area. (Prior code § 23.09.742)

There is imposed a charge for the purposes authorized in Section 3.100.030, which charge is in addition to the ordinary business operations tax as it is imposed upon businesses conducting their activities within the area by Chapter 3.08 of this code. Such additional charge is imposed at the rates set forth in Section 3.100.050 of this chapter for the specified business classifications regardless of whether the business is taxed upon a flat rate or gross receipts or other basis under the provisions Chapter 3.08 of this code. (Prior code § 23.09.743)

The businesses conducted in the area are classified as follows so as to promote the equitable imposition of the additional charge hereunder in relation to the relative benefits to be derived. The charge shall be as follows:

A. Retailing Activity. 0.535 mills per dollar of gross receipts.

B. Nonretail. Flat fee of twenty-five dollars ($25.00).

C. There shall be a minimum charge of twenty-five dollars ($25.00) per year for any business conducting business in the area and a maximum charge of two hundred fifty dollars ($250.00) per year.

The determination of the type or class of business or businesses a charge payer is engaged in or about to engage in shall be an administrative function of the revenue officer of the city.

In cases where a charge payer believes he or she is placed in the wrong business or class of business or businesses, he or she may apply in writing to the revenue officer for a change in his or her classification, setting forth in full his or her reason for requesting such change. The revenue officer shall conduct an investigation and shall thereupon render his or her decision in writing as to the proper classification or classifications.

If the charge payer is aggrieved by the revenue officer's decision, he or she shall have the right of appeal to the director of finance. The appeal shall be filed with the director of finance within ten (10) days of the date of the revenue officer's decision, and shall be heard by the director of finance within thirty (30) days thereafter. The charge payer shall be given at least seven days' notice of the hearing by the director of finance.

On July 1, 1986, and each July 1st thereafter, the amount of the nonretail charge in subsection B of this section, and the maximum and minimum charges in subsection C of this section, shall be automatically increased by the amount of increase in consumer price index, San Francisco area, all items, most recently available prior to the date of increase; provided, however, that in no event shall any automatic increase hereunder exceed the (10) percent, and provided further that the amounts of the charges which result from the application of the automatic increases hereunder shall be rounded to the nearest whole dollar. (Prior code § 23.09.744)

Any business, person or institution located in the area, which is exempt from the payment of the ordinary business operations tax of the city by reason of the provisions of the laws of the United States or the city or by reason of the provisions of the United States or California Constitutions, is not to be charged under this proceeding but may make a voluntary contribution to the city.

Such contributions shall be used for the purposes provided in this chapter. (Prior code § 23.09.745)

The city council, by ordinance, may modify the provisions of this chapter and may disestablish the area, after adopting a resolution of intention to such effect. Such resolution shall describe the proposed change or changes, or indicate that it is proposed to disestablish the area, and shall state the time and place of a hearing to be held by the city council to consider the proposed action.

If a majority of the businesses in the area file a petition with the city clerk requesting the council to adopt a resolution of intention to modify or disestablish the area, the council shall adopt such resolution and act upon it as hereinafter provided. Signatures on such petition shall be those of a duly authorized representative of businesses in the area; and the petition shall be filed with the city clerk within six weeks of the date on which the first signature was affixed.

The city clerk shall cause such resolution to be published at least once in the official newspaper of the city, and shall also mail a complete copy thereof, postage prepaid, to each business in the area, or, if it is proposed to enlarge the boundaries of the area, to each business in the area as it is proposed to be enlarged. Such publication and mailing shall be completed at least fifteen (15) days prior to the date of said hearing.

In the event the resolution proposes to modify any of the provisions of this chapter, including changes in the existing charges or in the existing boundaries of the area, such proceedings shall terminate if protest is made by a majority of the businesses in the area, or in the area as it is proposed to be enlarged, provided that the city council may modify the boundaries or charges as specified in Streets and Highways Code Section 26528.

In the event the resolution proposes disestablishment of the area, the city council shall disestablish the area; unless at such hearing, protest against disestablishment is made by a majority of the businesses in the area.

At the hearing, the city council shall hear all protests and receive evidence for and against the proposed action; shall rule upon all protests. The council's determination in this regard shall be final. The council may continue the hearing from time to time. (Prior code § 23.09.746)

The council may provide for the administration of the area's activities by entering into a contract with an entity that in the opinion of the city council will have the capability of representing the interests of the businesses in the area, whose general objectives will be consistent with the purposes of this chapter, and who will provide the resources to effectively achieve those objectives. However, in such event the city council shall reserve onto itself sole discretion as to how the revenue derived from the charges hereunder shall be used within the scope of the said authorized purposes. (Prior code § 23.09.747)

The collection of the charges imposed hereunder shall be made at the same time and in the same manner as the general business operations tax under Chapter 3.08. The city may enter into an agreement to delegate authority to the county of Sacramento to collect the charges imposed upon businesses located in the unincorporated area of the county of Sacramento. Thereafter, the county of Sacramento shall be authorized to collect unpaid assessments using collection techniques that are consistent with local, state, and federal law.

A special fund is created, known as the "Franklin Boulevard business improvement area fund," and the charges imposed by this chapter shall be deposited in such fund. (Ord. 2016-0011 § 1; prior code § 23.09.748)