A. 
On December 7, 2004, the City Council adopted Resolution R2004 198 (entitled, "Resolution Initiating Proceedings to Establish Benefit Zone 1 (2005) of Parking and Business Improvement Area No. 1") stating its intention to establish Benefit Zone 1 (2005) (the "Zone 1 (2005)") of Parking and Business Improvement Area No. 1 of the City of Napa pursuant to the City's authority as a charter city, and pursuant to the Parking and Business Improvement Law of 1989, California Streets and Highways Code Sections 36500, et seq. (collectively, the "PBIA Law"), to finance certain improvements and activities (as defined in this chapter) for the Zone 1 (2005).
B. 
Notice was given as required by the PBIA Law relative to the intention of the Council to hold a public hearing on the issues of the establishment of the Zone 1 (2005) and the levy of the first annual assessments therein.
C. 
The hearing was held by the Council on January 4, 2005 in the Council Chambers, City Hall, City of Napa, 955 School Street, Napa, California, at the hour of 6:30 PM, and at the hearing all persons desiring to be heard on all matters pertaining to the formation of the Zone 1 (2005) and the levy of the special assessments were heard, substantial evidence in support of Benefit Zone 1 (2005) was presented and considered by this Council, and a full and fair hearing was held.
D. 
At the hearing, there was no "majority protest" against the establishment of the Zone 1 (2005) as defined by Streets and Highways Code Section 36525, since written protests were not received from the owners of businesses in the Zone 1 (2005) which will pay 50% or more of the assessments proposed to be levied. Therefore, on January 18, 2005, the Council adopted Ordinance No. O2005-1, which was codified in this chapter, to establish Zone 1 (2005).
E. 
On September 20, 2016, the City Council adopted Resolution No. R2016-122 (entitled, "Resolution Declaring its Intention to Modify the Parking and Business Improvement Area No. 1, Benefit Zone 1 (2005), by: (1) Renaming the Area the "Downtown Parking Assessment Area," (2) Amending the Boundaries to Add Six New Parcels, (3) Amending Allowable Uses of Assessment Revenue to Include Parking Maintenance, and (4) Fixing the Time and Place of a Public Meeting and Public Hearing Thereon, and Giving Notice Thereof"), stating its intent to modify Benefit Zone 1 (2005) and establish the Downtown Parking Assessment Area pursuant to the PBIA Law, to finance certain improvements and activities (as defined in this chapter)."
F. 
Resolution No. R2016-122 was published and copies thereof were duly mailed and posted, all as provided by the PBIA Law and Resolution No. R2016-122.
G. 
Pursuant to Resolution No. R2016-122, a public meeting concerning the modification of said district was held before the City Council on November 1, 2016 at 3:30 PM in the Napa City Council Chambers at 955 School Street, Napa, CA 94559.
H. 
Pursuant to Resolution No. R2016-122, a public hearing concerning the modification of Benefit Zone 1 (2005) and establishment of the Downtown Parking Assessment Area was held before the City Council on November 15, 2016 at 3:30 PM in the Napa City Council Chambers at 955 School Street, Napa, CA 94559.
I. 
All written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and complete hearing was granted and held.
J. 
The City Council determined that there was no majority protest within the meaning of Streets and Highways Code Section 36525.
K. 
Following the hearing on November 1, 2016, the City Council hereby finds that the businesses lying within the Downtown Parking Assessment Area, in the opinion of the City Council, will be benefited by the expenditures of funds raised by the assessment proposed to be levied hereunder.
(O2016-16, 11/15/16)
The boundaries of the Downtown Parking Assessment Area shall be the boundaries as set forth in Resolution R2016-122 (particularly section 4, which incorporates by reference the Downtown Parking Assessment Area Boundary map), which is on file with the City Clerk. The map indicates by a boundary line the territory to be included in the Downtown Parking Assessment Area. There are no separate benefit zones within the Downtown Parking Assessment Area.
(O2016-16, 11/15/16)
The Downtown Parking Assessment Area is hereby established as set forth herein. All businesses in the Downtown Parking Assessment Area shall be subject to any amendments made hereafter to the PBIA Law or to other applicable laws.
(O2016-16, 11/15/16)
Each business (existing and future) located within the boundaries of the Downtown Parking Assessment Area, as defined by Section 3.30.020, shall pay the assessment levied under this chapter. The assessment shall be levied on each business in the Downtown Parking Assessment Area in an amount equal to 70% of the business license fee imposed on the business under Section 5.04.370 of this Code. For the purpose of calculating and levying this assessment, the City shall use the version of Napa Municipal Code Chapter 5.04 in effect as of September 20, 2016, and assessment rates shall not increase due to an increase in the City's business license fee, unless the procedures to increase the assessment pursuant to the PBIA Law are satisfied. New businesses within the Downtown Parking Assessment Area boundaries will not be exempt from the levy of assessment as authorized by Streets and Highways Code section 36531. Assessment rates are as follows:
Business Type
Assessment Rate
Gross Receipt Quarterly Business Assessments
Gross Receipt Quarterly – Retail
$0.70 per $1,000 of gross receipts
Gross Receipt Quarterly – Wholesale
$0.35 per $1,000 of gross receipts
Gross Receipt Quarterly – Retail & Wholesale
$0.70 per $1,000 of retail gross receipts and $0.35 per $1,000 of wholesale gross receipts
Licensed Building Contractors
$0.70 per $1,000 of the construction value
Business with annual gross receipts less than $25,000
$14.00
Gross Receipt Annual Business Assessments
Gross Receipt Annual $0-$49,999
$17.50
Gross Receipt Annual $50,000-$149,999
$35.00
Gross Receipt Annual $150,000-$249,999
$52.50
Gross Receipt Annual $250,000-$499,999
$77.00
Gross Receipt Annual $500,000-$999,999
$115.50
Gross Receipt Annual $1,000,000-$1,499,999
$175.00
Each additional 100,000 or portion thereof
$7.00
Fixed Assessments
Auctioneer – No Fixed Place of Business
$17.50 per day or $140.00 per year
Automobile Trailer/Mobile Home Courts
$3.50 per permanent overnight space per year
Bingo Games
$17.50 per year
Cabaret
$17.50 per day or $70.00 per year
Card Rooms
$350.00 per year per table
Christmas Tree Lot
$17.50 per year
Carnival
$105.00 per day
Circus
$105.00 per day
Closing Out Sale
$70.00—30 days
$140.00—60 days
$210.00—90 days
Commercial Filming
$350.00 per day
Craft Fairs and Shows
$3.50 per day per stand
Dance
$35.00 per day
Directory Sales
$70.00 per year
Farmers' Market
$140.00 per year
Handbill Distributors
$7.00 per day per person or $70.00 per year per person
Klieg Lights
$14.00 per day
Mobile Home/Trailer
$7.00 per month
Peddler/Solicitor/Canvasser
$7.00 per day or $35.00 per month
Photographer – Itinerant
$70.00 per month
Public Entertainment
$17.50 per day
(Class A) Recreation Contractor
$3.50 per year
Tent or Caravan Show
$105.00 per day
Ice Cream
$105.00 per calendar year, per cart, stand, vehicle, etc.
Itinerant
$17.50 per day
Vending Machines charging $0.49-$1.99
$21.00 per year per machine
Vending Machines charging $2.00+
$42.00 per year per machine
Vendor: Moveable Stand
$21.00 per month, or $105.00 per year, per stand, cart, vehicle, etc.
Video Games/Mechanical Amusement Devices
$21.00 per year per machine
Wrestling/Boxing Exhibitions
$70.00 per exhibition
(O2016-16, 11/15/16)
The City Council hereby levies and imposes and orders the collection of an assessment to be imposed upon businesses in the Downtown Parking Assessment Area, which shall be calculated pursuant to Section 3.30.040 above. Such levy shall begin on January 1, 2017.
(O2016-16, 11/15/16)
The proceeds of the assessment levied under this chapter shall be used for the acquisition, design, construction, and maintenance of parking facilities and sites ("improvements and activities") for the benefit of the businesses within the Downtown Parking Assessment Area. The revenue from the levy of assessments within the Downtown Parking Assessment Area shall not be used to provide improvements or activities outside the Downtown Parking Assessment Area or for any purpose other than the purposes specified in the resolution of intention. Funds remaining at the end of any term may be used in subsequent years in which assessments are levied as long as they are used consistent with the requirements of this Section.
(O2016-16, 11/15/16)
The assessments shall be collected for each calendar year at the same time and in the same manner as the collection of the business license fees from each business in the Downtown Parking Assessment Area. Collection shall be made by the Finance Director of the City or such other official of the City responsible for the collection of such business license fees.
(O2016-16, 11/15/16)
The businesses in the Downtown Parking Assessment Area will be benefited by the improvements and activities funded with the assessments to be levied in the Downtown Parking Assessment Area.
(O2016-16, 11/15/16)
The City Council hereby appoints the Napa Downtown Association Board to serve as the advisory board of the Downtown Parking Assessment Area, as defined by Streets and Highways Code Section 36530. The Advisory Board shall fulfill all responsibilities of the PBIA Law, including provide an annual written report to the City regarding assessments to be levied and collected and costs of improvements and activities to be funded, as well as making recommendations to the City Council on expenditures for the activities and improvements of the Downtown Parking Assessment Area, and it's the annual budget to be approved by the City Council. The powers and duties of the Advisory Board may be clarified or expanded by resolution or contract approved by the City Council, provided that the clarification or expansion is not in conflict with this section or the PBIA Law.
(O2016-16, 11/15/16)