TITLE
Recommendation to receive supporting documentation into the record, adopt resolution confirming the Fourth Street Parking and Business Improvement Area annual report and continuing the assessment for the period of October 1, 2009 through September 30, 2010, conclude the hearing, and authorize City Manager to extend the agreement with the Fourth Street Business Improvement Association for a one-year term. (District 2)
DISCUSSION
The Fourth Street Business Improvement Association (FSBIA) uses business license assessment funds to promote and market the commercial area along Fourth Street on behalf of businesses located in the Fourth Street Parking and Business Improvement Area (FSPBIA). The FSBIA governs the assessment to be collected. To continue the assessment levy, State law requires that a public hearing be held on the proposed program and assessment.
The Assessment Report describes boundaries, proposed activities and budgetary information, as well as the method and basis for continuation of the assessment. The Assessment Report proposes no change in the basis and method of levying the assessment and no significant change in proposed activities. A copy of the Assessment Report describing proposed activities and allocations is provided (Attachment A).
At its September 22, 2009 meeting, City Council approved resolution number RES-090104, granting approval of the Assessment Report, declaring the intention of the City Council to levy the assessment, and set October 20, 2009 as the date of the public hearing. A hearing notice, including a copy of the resolution, was published in local media.
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 2010 Assessment Report, transmitting the recommendations of the FSPBIA Advisory Commission, proposes the following assessment rates:
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 directed against a specific portion of the program, the City Council shall eliminate that portion.
On December 12, 2007, the City entered into an Agreement for Funding with the FSBIA 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 letter was reviewed by Assistant City Attorney Heather Mahood on August 25, 2009, Budget and Performance Management Bureau Manager David Wodynski on September 30,2009.
TIMING CONSIDERATIONS
City Council action is requested on October 20, 2009 to allow purchase order and contract modifications to be completed so that Fiscal Year 2010 (FY 10) assessment transfers may be made as required by the Agreement for Funding with the FSBIA.
FISCAL IMPACT
It is estimated that the FSPBIA will generate $10,800 in FY 10 through the proposed continuation of the existing assessment. Assessment funds are collected through additional fees attached to FSPBIA business licenses and passed directly through to the Fourth Street Improvement Association for implementation of annual programs. Sufficient funds are included in the FY 10 Adopted Budget in the Parking and Business Area Improvement Fund (SR 132) in the Department of Community Development (CD). There is no fiscal impact to the General Fund.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF lONG BEACH CONFIRMING, FOllOWING HEARING, THE ANNUAL REPORT OF THE FOURTH STREET 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,
DENNIS J. THYS
DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
NAME |
APPROVED: |
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PATRICK H. WEST |
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CITY MANAGER |