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)