TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing, adopt resolution confirming the Bixby Knolls Business Improvement Area Annual Report, continuing the levy of assessment for the period of October 1, 2013 through September 30, 2014; and authorize City Manager to extend the agreement with the Bixby Knolls Business Improvement Association for one year.
(Districts 7,8)
DISCUSSION
The Bixby Knolls Business Improvement Association (BKBIA) promotes and markets the Bixby Knolls commercial area, using funds generated through the assessment of area businesses located in the Bixby Knolls Parking and Business Improvement Area (BKPBIA). State law governing Parking and Business Improvement Areas requires that an annual assessment report be submitted to the City Council by the designated Advisory Board. On August 9, 2013 the BKPBIA Advisory Board voted to adopt the Fiscal Year 2014 BKPBIA Assessment Report, attached to the Resolution as Exhibit A.
The Assessment Report describes the boundaries, proposed activities and budgetary information, as well as the method and basis for continuation of the assessment. The report proposes no change in the method of levying the assessment and no significant changes to proposed activities.
To continue the assessment levy, State law requires that a public hearing be held on the proposed program and assessment. At its meeting of September 3, 2013, City Council reviewed the Assessment Report and set the hearing date for October 8, 2013. State law further provides that the City Council shall hear and consider all protests against the assessment, program, boundaries of the area, and/or any benefit zone as proposed in the Assessment Report.
The law provides that protests may be made orally or in writing. Protests regarding the regularity or sufficiency of the proceedings shall be in writing. If written protests are received from area business owners representing 50 percent or more of the proposed assessments, the City Council shall not levy the assessment. If protests in such quantity are against a specific portion of the program, the City Council shall eliminate that portion.
A hearing notice and copy of RES 13-0078 was published in local media. The attached resolution concludes the hearing and approves the Assessment Report and levy for the period October 1, 2013 through September 30, 2014.
On September 14, 2002, the City and BKBIA executed an Agreement for Funding setting forth the duties and delegations of the parties. This agreement is automatically extended on a year-by-year basis upon approval of the annual Assessment Report and related levy of assessments by City Council.
This matter was reviewed by Deputy City Attorney Amy Webber on September 5, 2013, and by Budget Management Officer Victoria Bell on September 19, 2013.
TIMING CONSIDERATIONS
The BKBIA contract year begins October 1, 2013. City Council action is requested following public hearing on October 8, 2013, to allow purchase order and contract modifications to be completed so that Fiscal Year 2014 (FY 14) assessment transfers may be made as required by the Agreement for Funding with the BKBIA.
FISCAL IMPACT
It is estimated that the BKPBIA will generate $131,487 in FY 14 through the proposed continuation of the existing assessment. Assessment funds are collected through additional fees attached to BKPBIA business licenses and passed directly through to the Bixby Knolls Business Improvement Association for implementation of annual programs. Sufficient funds are budgeted in the in FY14 in Parking and Business Area Improvement Fund (SR 132) in the Department of Public Works (PW). Approval of this recommendation will provide continued support to the local economy.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH CONFIRMING, FOLLOWING HEARING, AN ANNUAL REPORT OF THE BIXBY KNOLLS PARKING AND BUSINESS IMPROVEMENT AREA ADVISORY COMMISSION, CONTINUING THE LEVY OF ANNUAL ASSESSMENT AS SET FORTH IN SAID REPORT AND SETTING FORTH OTHER RELATED MATTERS
Respectfully Submitted,
ARA MALOYAN, PE
ACTING DIRECTOR OF PUBLIC WORKS
APPROVED:
PATRICK H. WEST
CITY MANAGER