Long Beach, CA
File #: 14-0730    Version: 1 Name: CM - Fourth St. PBIA D2
Type: Resolution Status: Adopted
File created: 9/2/2014 In control: City Council
On agenda: 9/16/2014 Final action: 9/16/2014
Title: Recommendation to receive supporting documentation into the record, conclude the hearing, and adopt resolution continuing the Fourth Street Parking and Business Improvement Area assessment for the period of October 1, 2014 through September 30, 2015; and authorize City Manager to extend the agreement with the Fourth Street Business Improvement Association for a one-year term. (District 2)
Sponsors: City Manager
Attachments: 1. 091614-H-1sr&att.pdf, 2. RES-14-0084.pdf
TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing, and adopt resolution continuing the Fourth Street Parking and Business Improvement Area assessment for the period of October 1, 2014 through September 30, 2015; 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.  A copy of the Annual Report describing proposed assessments, activities and allocations is attached to the Resolution as Exhibit A.  
 
The Annual Report describes boundaries, proposed activities and budgetary information, as well as the method and basis for continuation of the assessment.  The Annual Report proposes no change in the district boundaries, the basis and method of levying the assessment and no significant change in proposed activities.  A copy of the Annual Report describing proposed activities and allocations is attached.  
 
At its August 19, 2014 meeting, City Council approved Resolution Number RES-14-0070, granting approval of the Annual Report, declaring the intention of the City Council to levy the assessment, and set September 16, 2014 as the date of the public hearing.  A hearing notice, including a copy of the Resolution, was published in local media.
 
State law 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 Annual Report.  State law further 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.  
 
The Fiscal Year 2015 Annual Report, transmitting the recommendations of the FSPBIA Advisory Board, proposes the following assessment rates:
 
 
Business License Category
Annual Assessment
Financial/Banking & Insurance
$200
Service Real Estate Offices
200
Retail - Restaurant w/Alcohol & RTE
200
Retail - Other
200
Consulting
200
Construction Contractor
200
Professional
200
Service - Other
200
Misc, Rec/Ent, Vend, Manf, Uniq, Whlsl,
100
Commercial space rental
100
Non-profit business operations
100
Residential property rental
0
All Secondary Licensees
0
 
This matter was reviewed by Deputy City Attorney Amy Webber on August 20, 2014 and Budget Management Officer Victoria Bell on August 28, 2014.
 
TIMING CONSIDERATIONS
City Council action is requested on September 16, 2014 to allow purchase order and contract modifications to be completed so that Fiscal Year 2015 (FY 15) 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 $15,800 in FY 15 through 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 Business Improvement Association for implementation of their annual programs.  Sufficient funds are included in the FY 15 Budget in the Parking and Business Area Improvement Fund (SR 132) in the Department of Public Works (PW). There is no fiscal impact to the General Fund.  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, THE ANNUAL ASSESSMENT REPORT OF THE FOURTH STREET PARKING BUSINESS IMPROVEMENT ASSOCIATION, CONTINUING THE LEVY OF ANNUAL ASSESSMENT AS SET FORTH IN SAID REPORT AND SETTING FORTH OTHER RELATED MATTERS
 
Respectfully Submitted,
 
MICHAEL P. CONWAY
DIRECTOR OF ECONOMIC AND PROPERTY DEVELOPMENT
 
 
APPROVED:
 
PATRICK H. WEST
CITY MANAGER