City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution to levy the proposed 2009
Downtown Business Association’s (the “DBA”) Business Improvement District
(“BID”) assessment (Attachment No. 8) and appoint members to the 2009 BID
Advisory Committee (Attachment No. 6), unless a majority protest is made, and
approve the Management Agreement between the City and the DBA (Attachment
No. 7) for an additional two years (to December 31, 2010).
PROCEDURE (Noticed Public Hearing):
Mayor:
Announces that this is the time and place for the hearing of
protests or objections to the continuation of the BID.
City Clerk: Announces that the Resolution of Intention, which included
notice of this public hearing, was published in the Culver
City News on November 13 and 20, 2008, and was mailed
to all affected businesses.
Mayor: Seeks a Motion to receive and file all affidavits.
City Clerk: Announces the number of written protests received and
verifies that all protests have been delivered to the Council.
Mayor: Calls to the podium those individuals who filed a written
Meeting Date: 12/08/08 Item Number: PH-3
AGENDA ITEM: PUBLIC HEARING - (1) Adoption of a Resolution Continuing the
Downtown Culver City Business Improvement District for Calendar Year 2009,
Levying Assessments Therefore, and Appointing Members to the 2009 BID
Advisory Committee; and (2) Approval of the Management Agreement between
the City and the Downtown Business Association for an Additional Two Years.
Contact Person: Glenn Heald Phone Number: (310) 253-5752
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: The Resolution of Intention was mailed to all businesses in the
Downtown Culver City Business Improvement District (11/11/08); published in the
Culver City News (11/13/08 & 11/20/08); Master E-Mail Notification List (12/03/08).
Department Approval:
Sol Blumenfeld (11/12/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (12/02/08)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (12/02/08)
City Manager Approval:
Jerry B. Fulwood (12/02/08) City of Culver City, California
City Council Agenda Item Report
protest, who wish to make oral protests or presentations.
Staff: Reports on protests received.
Mayor and Council: Moves to declare the Public Hearing closed.
If business/property owners representing less than fifty
percent of the total assessment to be levied submit protests,
move to overrule and deny all protests and then consider the
adoption of a resolution to levy the 2009 BID assessment;
OR
If business/property owners representing more than fifty
percent of the total assessment to be levied submit protests,
move to deny the BID for a period of one year.
BACKGROUND:
The BID provides a mechanism for businesses to levy assessments on themselves
for the promotion of business activities and public events; decoration of public
places; and the acquisition, construction, installation and maintenance of specific
improvements. The BID assessment reduces the downtown businesses’
dependency on the City and Redevelopment Agency.
On November 10, 2008, the Council approved the BID’s 2009 Annual Work
Program and Budget, as filed with the City Clerk, and adopted a Resolution of
Intention to conduct a public hearing on December 8, 2008. Additional information
related to the Annual Work Program and Budget is included in the November 10,
2008 City Council Agenda Item Staff Report, which is attached for the Council’s
ease of reference (Attachment No. 1).
DISCUSSION:
During 2008, the BID reported approximately $122,085 in total BID assessment
revenues and $25,671 in carryover funds from 2007. These funds were used
toward the 2008 DBA BID Work Program, with an anticipated carryover of $36,016
for 2009. This is further described in the DBA’s Quarterly Financial Statements and
Accounts Payable Summary, which are attached for review (Attachment No. 5).
City of Culver City, California
City Council Agenda Item Report
BID revenues are managed by the DBA in accordance with the Management
Agreement between the City and the DBA, which details the responsibilities and
obligations of both parties.
The DBA uses BID revenues to implement the Work Program defined in the BID
Advisory Board’s Annual Report. The 2009 Annual Work Program and Budget are
attached for review (Attachment No. 2).
The following elements of the BID renewal process are outlined in summary form
below due to their governance by State law: (1) protest of the proposed assessment,
(2) appointment of BID Advisory Board members, and (3) renewal of the Business
Improvement District Management Agreement.
Protest of the Proposed Assessment
State Law [Streets and Highways Code Section 36525.(a)] states: “If written protests
received from the owners of businesses in the proposed area which will pay fifty
percent or more of the assessment proposed to be levied and protests are not
withdrawn so as to reduce the protests to less than that fifty percent, no further
proceedings to create the specified parking and business improvement area or to
levy the proposed assessment, as contained in the Resolution of Intention, shall be
taken for a period of one year from the date of the finding of a majority protest by the
Council.”
BID Advisory Board Membership
State law requires the Council to appoint a BID Advisory Board, which is
responsible for compiling the Report. The Report identifies how BID assessment
revenue will be spent, proposed improvements and activities, the classification of
businesses, the method and basis of levying assessments, and other matters the
Advisory Board deems appropriate.
The BID Advisory Board members for 2008, appointed by City Council on
December 10, 2007, were:
1) John Byers – Business and Property Owner
2) John Wolcott – Business and Property Owner
3) Debbie Weiss - Property Owner
4) Heidi Fahringer - Business Owner
5) Stu Freeman – Property Owner
6) Gerald Weiner - Attorney
The DBA recommends the following BID Advisory Board Members for 2009: City of Culver City, California
City Council Agenda Item Report
1) Ken Kaufman – Business Owner
2) Douglas Newton – Business Owner
3) John Wolcott – Business and Property Owner
4) Gerald Weiner - Attorney
5) Emily Beretta – Business Owner
As part of the Management Agreement between the City and the DBA, all
members of the BID Advisory Committee must be in good standing with the City,
Redevelopment Agency, and BID in terms of business tax payments, BID
assessments, refuse billing and Redevelopment Agency debt agreements. Upon
review by the Finance Department it appears that none of these individuals show
any record of debt to the City, Redevelopment Agency, or BID.
The Council may appoint the members recommended by the DBA or appoint new
members to the BID Advisory Board.
Management Agreement
The current Management Agreement between the City and the DBA expires on
December 31, 2008. The proposed Management Agreement for 2009-10 is a two
year contract from January 1, 2009 through December 31, 2010 (Attachment No.
7). The 2009-10 Management Agreement contains the following changes from the
2007-08 Management Agreement:
• The accounting fee retained by the City for normal activities involving the
mailing and processing of BID renewal forms and the distribution of funds
collected will be two percent, an amount agreed upon prior to the previous
Management Agreement.
• The DBA and the City may, under separate agreement, agree to take additional
actions to collect delinquent BID assessments as deemed appropriate. Under
such an agreement the City shall retain additional fees as determined by the
Finance Department to cover 100% of the City’s costs for the agreed upon
collection efforts.
FISCAL ANALYSIS:
In 2009, the BID assessment total and 2008 carry over is estimated to total
approximately $179,900, which will be used to fund Maintenance Management
($28,180), Advocacy and Administration ($106,878), and Communication and City of Culver City, California
City Council Agenda Item Report
Image-enhancement expenses ($8,970), with approximately $36,000 held in
reserve. The City would withhold 2% of the total assessment ($3,600) as an
administration fee for processing and collecting the BID renewal for the DBA.
Finance Department staff calculated the cost of collecting the BID renewal for the
DBA and 2% is sufficient to cover direct staff costs.
If the DBA requests the City to take additional actions to collect delinquent BID
assessments, the City shall retain additional fees as determined by the Finance
Department to cover 100% of the City’s costs for the agreed upon collection efforts.
ATTACHMENTS:
1. Staff Report for the November 10, 2008, meeting of City Council, Approval of
the Downtown Culver City Business Improvement District Advisory
Committee’s Annual Work Program and Budget, and Adoption of a
Resolution of Intention to Conduct a Public Hearing for Continuation of the
Downtown Business Improvement District.
2. 2009 BID Work Program and Budget (Approved by the Council on November
10, 2008).
3. Internal Revenue Service Tax-Exempt Certification.
4. DBA Certificate of General Liability Insurance.
5. DBA Quarterly Financial Statements and Accounts Payable Summary.
6. BID Advisory Board Recommendations 2009.
7. Management Agreement between the City and the DBA for 2009-10.
8. Resolution to levy the Proposed Assessment for 2009.
MOTION:
(If there is a majority protest) That the City Council:
1A. Approve a finding that protests have been received from the owners of
businesses in the proposed district who represent fifty percent or more of
the assessment proposed to be levied, and no further proceedings to
continue the Downtown Culver City Business Improvement District shall
be taken for a period of one year from the date of this meeting.
OR
(If there is not a majority protest) That the City Council:
City of Culver City, California
City Council Agenda Item Report
1B. Adopt a resolution to levy the proposed 2009 BID assessment; and to
Appoint Ken Kaufman, Douglas Newton, John Wolcott, Gerald Weiner,
and Emily Beretta to the DBA BID Advisory Board; and,
2. Approve the Management Agreement between the City and the
Downtown Business Association for an additional two (2) years (to
December 31, 2010); and,
3. Authorize the City Attorney to review/prepare the necessary documents
and authorize the City Manager to execute such documents.
12/08/08
Public Hearing to Consider Continuation of the
Downtown Business Improvement District, and
Approval of the Management Agreement between the
Downtown Business Association and the City.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pacies
1. Staff Report 11/10/08 Consideration of DBA BID 1-8
2. 2009 BID Work Program and Budget 9-11
(Approved by Council 11/10/08)
3. Internal Revenue Service tax-exempt certification 12-13
4. DBA Certificate of General Liability insurance 14
5. DBA Quarterly Financial Statements and A/P Summary 15-24
6. BID Advisory Board Recommendations 2009 25
7. Management Agreement 2009-10 26-36
8. Resolution to Levy the Proposed Assessment 37-41Attachment 1
City of Culver City, California
City Council Agenda Item Report
Meeting Date: 11/10/08 Item Number: A-10
AGENDA ITEM: 1) Approval of the Downtown Culver City Business Improvement
District Advisory Committee's Annual Work Program and Budget; and 2)
Adoption of a Resolution of Intention to Conduct a Public Hearing for
Continuation of the Downtown Business Improvement District.
Contact Person/Dept.: Glenn Heald Phone Number: (310) 253-5752
Fiscal Impact: Yes f] No [X] General Fund: Yes [] No
Public Hearing: Action Item: [X] Attachments: [X]
Public Notification: Meeting notification and copy of the annual Work Program and
Budget mailed to all businesses located in the Downtown Business Improvement
District (10/23/08); published in the Culver City News (10/30/08 & 11/06/08); Master
Notification List (11/05/08).
Department Approval:
Sol Blumenfeld (10/22/08)
Chief Financial Officer Approval:
Jeff Muir (by MVN) (11/03/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/05/08)
City Manager Approval:
Jerry B. Fu!wood (11/05/08)
RECOMMENDATION:
Staff recommends the City Council 1) approve the Downtown Culver City Business
Improvement District (the "BID") Advisory Committee's annual Work Program and
Budget for 2009 (the "Report"); and 2) adopt a Resolution of Intention to conduct a
public hearing on December 8, 2008, for the continuation of the BID.
BACKGROUND:
The BID provides a mechanism for businesses to levy assessments on themselves
for, among other things, the maintenance of public spaces and the acquisition,
construction, installation and maintenance of specific improvements. The BID
allows Downtown businesses to be more self reliant, which reduces their
dependency on the City of Culver City and Culver City Redevelopment Agency.
The BID Work Program is managed by the Downtown Business Association (the
"DBA") in accordance with a Management Agreement between the DBA and the
City. The Management Agreement requires the DBA to maintain tax-exempt
status with the Internal Revenue Service, maintain one million dollars of General
Liability insurance, and submit quarterly reports and budget updates to the
Community Development Director describing progress toward completing their
approved work program. The DBA's tax documents, insurance and quarterly
reports are attached (Attachment Nos. 3, 4, and 5).City of Culver City, California
City Council Agenda Item Report
In accordance with the legal process for renewing a BID, the Council is first
required to review and approve the BID Advisory Committee's Report during a
public meeting. The Report describes any proposed changes in the BID
boundaries, a description of activities to be undertaken (a work program), an
estimate of the cost to provide the activities (a budget), the assessment formula,
the amount of surplus/deficit to be carried over from the previous year, and the
amount of other expected BID contributions. The City Council may modify any
particular element contained in the report and approve it as modified.
At the conclusion of the public meeting, the Council must adopt a Resolution of
Intention (Attachment No. 1) to conduct a public hearing if the BID is to be
continued for 2009. Upon completion of the public hearing, which has been
tentatively scheduled for December 8, 2008, the Council must approve a final
resolution to formally continue the BID. The public will be notified of the public
hearing in accordance with State law.
The BID was formed in September 1998, when the Council adopted Ordinance No.
98-011, in accordance with the Parking and Business Improvement Area Law of
1989 (the "Law").
The BID was amended in December 2000, when the Council rescinded Ordinance
No. 98-011 and adopted Ordinance No. 2000-027. The new ordinance revised the
BID assessment formula to increase the amount of the assessment and revised
the BID Management Agreement to clarify ambiguous language in an attempt to
streamline the administrative process.
DISCUSSION:
BID ACCOMPLISHMENTS 2008
Maintenance
• Continuation of the DBA's sidewalk maintenance and landscape program
provided by the DBA Clean Team.
• Coordination with City of Culver City to implement a Memorandum of
Understanding (MOU) for downtown maintenance. The MOU transfers funding
to the DBA to perform increased maintenance and landscape services in
downtown. Beginning September 2008, the following services are being
provided by the DBA per the MOU agreement:
o A sidewalk maintenance program with the DBA Clean Team on the streets
daily conducting the following services: sweep litter, debris and refuse fromCity of Culver City, California
City Council Agenda Item Report
sidewalks, alleys (paseos) and gutters of the District, empty sidewalk trash
receptacles, sweep and pressure wash sidewalks, plaza, paseos, and
alleys, parking structure entrances, landings and stairwells. Sweep and
maintain areas around trash compactors, cleaning of street furniture
(benches, bike racks, parking meters, mailboxes, and pay phones). DBA
Clean Team on streets daily.
o A Landscape Program that includes the following: weed abatement in
planters, medians and sidewalks; trash and debris removed from planting
areas; removal and replacement of dead vegetation; and trimming of
bushes and shrubs. Plants and flowers are to be provided in planting areas
and pots on an annual basis.
• Coordination with City Sanitation Division and businesses to improve the
District's dumpster/trash issue. Worked to include possible increases in the
quantity of dumpsters and trash receptacles as well as improved maintenance
of trash compactors and dumpsters.
Communication & Image
• Established a "Marketing Committee" of the Board of Directors to develop
programs for promoting downtown businesses and marketing partnerships with
established and new downtown businesses.
• Continued expansion of Website with features including "Downtown Lowdown"
email newsletter, expanded Calendar, and personalized feature boxes with
photos of Downtown businesses.
• Maintenance of downtown LED twinkle lights.
• Partnered with the City to purchase an artificial holiday tree with "green" LED
lights and decorations to be used for the annual Holiday Tree Lighting
Ceremony.
• Worked with the City to establish a holiday program and sought out
sponsorship from downtown stakeholders for the holiday program.
Advocacy & Administration
• Contracted with Urban Place Consulting Group for services as Executive
Director in order to carry out day-to-day administrative responsibilities. In
September 2008, hired a new Executive Director to perform said services.
• Partnered with the City to implement the Culver City Downtown Valet Parking
Program in July of 2008. Continued management of the Culver City Downtown
Valet Parking Program; working with City's Engineering Division to determine
best practices for a successful program.
3City of Culver City, California
City Council Agenda Item Report
• Established "Restaurant Committee" of the Board of Directors to develop and
monitor programs related to valet parking, sanitation, maintenance and
marketing of downtown businesses.
• Expedited communication with the City regarding violations of existing codes in
relation to aesthetics and safety of the downtown District.
• Partnered with City of Culver City on advocacy issues such as outdoor dining
standards, smoking regulations, recycling, and other initiatives that may impact
the quality of life for businesses and all users of downtown Culver City.
• Enhanced day-to-day management of maintenance and communication
programs as well as constituency services.
• Improved interaction with City to ensure timely assessment billing and payment.
BID ASSESSMENTS 2008
During 2008, there were 147 businesses subject to the BID assessment. Of these,
the assessment was collected from 135 businesses (91%). The total amount
collected was approximately $122, 085. The remaining 12 businesses owe all or a
portion of their assessment(s). If payment is not received after a final notice, a
claim will be forwarded to the City Attorney's Office for consideration of filing in
small claims action court.
BID ACTIVITIES PLANNED FOR 2009
In October the BID Advisory Committee filed the proposed 2009 Work Program
and Budget (Attachment No. 2) with the City Clerk. The Advisory Board proposes
the following activities within their Work Program for 2009:
Maintenance
The DBA Clean Team will perform increased downtown maintenance services per
the Memorandum of Understanding (MOU) between the City of Culver City and
Culver City Downtown Business Association. MOU services are separately funded
by a separate agreement between the City of Culver City and the DBA. Other
Work Plan items outside of Maintenance are not funded by MOU dollars.
Downtown maintenance services, including both MOU agreed and DBA provided
services, are as follows:
• Sidewalk maintenance program:
O Personnel sweep litter, debris and refuse from sidewalks, alleys (paseos)
and gutters of the District.
O Empty sidewalk trash receptacles throughout District twice per day on
Friday, Saturday and Sunday.City of Culver City, California
City Council Agenda Item Report
o Sweep and pressure wash sidewalks, plaza, paseos, and alleys within the
District on a regular schedule throughout the year
o Monthly pressure washing of parking structure entrances, landings and
stairwells.
o Sweep and maintain areas around trash compactors.
o Street furniture to be wiped and cleaned daily (benches, bike racks, parking
meters, mailboxes, and pay phones).
o DBA Clean Team on streets daily, 10am to 4pm (Sun-Thurs) and 1pm to
7pm (Fri and Sat).
• Landscape Program:
o Weed abatement in planters, medians and sidewalks.
a Trash and debris will be removed from planting areas.
o Removal and replacement of dead vegetation.
o Trimming of bushes and shrubs.
o Plants and flowers to be provided in planting areas and pots on an annual
basis.
• Graffiti reporting:
o Graffiti is logged and reported immediately to the City Graffiti Removal
Team for removal.
o Paper signs and handbills will be removed
Communication & Image
• Maintenance of year-round Culver Blvd. decorative tree lights (twinkle lights).
• Continued development of marketing partnerships with established and new
downtown business.
• Continued upgrading of website with greater services, information and linkage
provided.
• Continuing the distribution of the Downtown Lowdown, monthly e-newsletter.
• Partner with the City of Culver City and the downtown business community to
create a festive holiday atmosphere for downtown.
• Partner with City of Culver City to produce the annual Holiday Tree Lighting
Ceremony.
Advocacy & Administration
• Continue management of the Culver City Downtown Valet Parking Program;
working with City of Culver City Engineering to determine best practices for a
successful program.
• Continue management of downtown maintenance program, including increased
services set forth by the MOU agreement with the City of
Culver City_City of Culver City, California
City Council Agenda Item Report
• Proactive communication with City on violations of existing codes in relation to
aesthetics and safety of facades and streetscape.
• Continuing coordination between City Sanitation Division and businesses to
improve the District dumpster/trash issue. Work to include increasing the
quantity of durnpsters and trash receptacles, as well as improving the
maintenance of trash compactors and dumpsters.
• Partner with City of Culver City on advocacy issues and initiatives that may
impact the quality of life for businesses and all users of downtown Culver City.
• Continue working with the City to develop additional funding to increase the
maintenance and landscape efforts in downtown.
• Fundraising effort will be explored to continue programs such as the Holiday
Tree Lighting and other programs deemed important to the success of
downtown.
• Interacting with the City to insure timely assessment billing and payment.
• Day to day communication of programs with DBA constituency.
BID ASSESSMENTS 2009
The proposed activities will primarily be funded through the assessment, which
applies to Downtown businesses at the rates shown below. The Advisory
Committee does not propose any changes to the Advisory Committee structure,
nor to the boundaries of the parking and business improvement area. A map
illustrating BID boundaries is included as Exhibit "A". The Advisory Board
recommends a 17 percent increase in assessment rates for 2009 which will
support the ongoing management and implementation of increased programs that
benefit all downtown businesses and users. This rate increase realizes a $21,000
budget increase and was calculated using the current year's (2008) anticipated
revenues and potential BID fees heading into 2009. The Advisory Board
recommends changes to the assessment schedule as follows:
Business Type City Business License Code Annual BID Fee
TYPE A
Retail 1-1000 sq. ft. 036-144, 396, 399, 402 $ 351
Retail 1001-2500 sq. ft. $ 585
Retail 2501-5000 sq. ft. $ 877.50
Retail 5000 sq. ft. $1170
Hotel 456,480 $1755
Bar/Restaurant: Total Seats, both Indoor & Outdoor: 390, 654-690
0-50 seats $1170
51-100 seats $1755
100 seats $2340City of Culver City, California
City Council Agenda Item Report
Computer Graphics & Computer Services 152, 200
$ 585
Martial Arts Studio, Health Studios, Hair Salon 744, 276
0-25,000 sq. ft.
$ 585
> 25,000 sq. ft
$1170
TYPE B
Theaters
858
$2.34/seat
Live Performance
858
$1.17/seat
TYPE C
All others, not listed $351
TYPED
Banking Institutions 0-7500 sq. ft. 342 $1170
Banking Institutions > 7500 sq. ft $1755
Film Studios 490, 498 $1170
Recording Studios 554 $1170
Utilities $1170
Hospitals > 20,000 sq. ft 780 $2340
Hospitals and Clinics <20,000 sq. ft. $1170
TYPE E
Commercial Rentals 432
<5,000 $1170
5,001-15,000 $1755
15,001-25,000 $2340
25,001-35,000 $2925
Over 35,000 $3510
The DCCBID's activities and estimated costs for the coming year are set forth in
Exhibit "B" Proposed year 2009 Work Program Budget. All funds collected are
used for BID activities which strengthen the business climate within the BID area,
attract new investment and improve the quality of life for all downtown users.
Note:
1. Fee for individual business owners with multiple business licenses/operations
at the same address will be based on the single highest category.
2. Business owners with multiple business locations within the BID area will be
assessed separately at each location.
3. Commercial rentals will be assessed for each building location, not each tenant
space.City of Culver City, California
City Council Agenda Item Report
4. Multiple independent business owners at the same address will be assessed
separately at their respective rates.
FISCAL ANALYSIS:
The B1D's quarterly financial statements for 2008 are attached for your information.
These financial statements describe activities undertaken and funds expended
during their fiscal year.
As previously stated, funds from the 2009 BID assessment will be used for
business enhancement, design activity and other items in accordance with the
Law. During 2009, the BID anticipates assessment revenues of $122,900.00 and
carry-over funds in the amount of $ 36,016.67. The DBA now funds the salary of
the Executive Director (this was previously subsidized by the Agency).
There is no fiscal impact to the City for the approval of the BID Annual Work
Program.
ATTACHMENTS:
1. Resolution of Intention.
2. 2009 BID Work Program and Budget.
3. Internal Revenue Service tax-exempt certification.
4. DBA Certificate of General Liability Insurance.
5. DBA quarterly financial statements and Accounts Payable summary.
MOTION:
That the City Council:
1. Approve the 2009 BID Advisory Committee's Annual Work Program and
Budget as filed with the City Clerk; and,
2. Adopt the Resolution of Intention to set December 8, 2008, as the date for a
public hearing to consider the continuation of the Downtown Culver City
Business Improvement District.
aAttachment 2
The Advisory Board proposes the following Work Program for 2009:
MAINTENANCE
The DBA Clean Team will perform increased downtown maintenance services per the
Memorandum of Understanding (MOU) between the City of Culver City and Culver City
Downtown Business Association. Downtown Maintenance services are as follows:
• Sidewalk maintenance program:
o Personnel to sweep litter, debris and refuse from sidewalks, alleys (paseos)
and gutters of the District
O Empty sidewalk trash receptacles throughout District 2 times a day on Friday,
Saturday and Sunday
o Sweep and pressure wash sidewalks, plaza, paseos, and alleys within the
District on a regular schedule throughout the year
O Monthly pressure washing of parking structure entrances, landings and
stairwells
o Sweep and maintain areas around trash compactors
O Street furniture to be wiped and cleaned daily (benches, bike racks, parking
meters, mailboxes, and pay phones)
o DBA Clean Team on streets daily, 10am to 4pm (Sun-Thurs) and 1pm to
7pm (Fri and Sat)
• Landscape Program:
O Weed abatement in planters, medians and sidewalks
O Trash and debris will be removed from planting areas
o Removal and replacement of dead vegetation
o Trimming of bushes and shrubs
o Plants and flowers to be provided in planting areas and pots on an annual
basis
• Graffiti reporting:
o Graffiti is fogged and reported immediately to the City Graffiti Removal Team
for removal
O Paper signs and handbills will be removed.
COMMUNICATION/IMAGE
• Maintenance of year-round Culver Blvd. decorative tree lights.
• Continued development of marketing partnerships with established and new downtown
business
• Continued upgrading of website with greater services, information and linkage provided
• Continuing the distribution of the Downtown Lowdown, monthly e-newsletter
• Work with the City of Culver City and the downtown business community to create a
festive holiday atmosphere for downtown
• Work with City of Culver City to produce the annual Holiday Tree Lighting Ceremony.ADVOCACY & ADMINISTRATION
• Continue management of the Culver City Downtown Valet Parking Program; working with
City of Culver City Engineering to determine best practices for a successful program
• Continue management of downtown maintenance program, including increased services
set forth by the MOU agreement with the City of Culver City
• Proactive communication with City on violations of existing codes in relation to aesthetics
and safety of facades and streetscape
• Continuing coordination between City Sanitation Division and businesses to improve the
district dumpster/trash issue. Work to include increasing the quantity of dumpsters and
trash receptacles, as well as improving the maintenance of trash compactors and
dumpsters
• Work with City of Culver City on advocacy issues such as outdoor dining standards,
smoking regulations, recycling and other initiatives that may impact the quality of life for
businesses and all users of downtown Culver City
• Continue working with the City to develop additional funding to increase the maintenance
and landscape efforts in downtown
Fundraising effort will be explored to continue programs such as the Holiday Tree
Lighting and other programs deemed important to the success of downtown
• Day to day management of communication programs and constituency services
• Interacting with the City to insure timely assessment billing and payment
• Work with City of Culver City to identify opportunities for District expansion, particularly
east along Washington to the Culver City Arts District and Helms BakeryDowntown Culver City-Business Improvement District
Proposed Year 2009 Work Program and Budget
$143,900
$ 36,000
$ 120
$122,420
$ 24,180
$122,412
$ 1,000
$ 3,000
$302,440
Revenue
2009 BID Assessment Fees
Carry forward from 2008 assessments
Interest Income
Memorandum of Understanding (MOU)
Total Revenue
Expenses
Maintenance Management Contract ($2,015 @ 12mos)
-Labor ($1665 per month)
-Fuel ($350 per month)
MOU Maintenance Management ($10,201 @12 mos)
Uniforms
Beautification Management (Twinkle Lights)
Total Maintenance Management $150,592
Advocacy/Administration
City BID Administration Fee (2%) $ 2,878
Professional Fees $ 5,000
D & 0 Insurance $ 1,450
Liability Insurance $ 770
Tax Preparation, Dues, Permits $ 900
Bank Service Charges 0
Office Rent 0
Telephone $ 800
Postage $ 400
Office supplies $ 600
Computer Services $ 600
Management $ 54,000
Downtown Valet Parking Management
City Fees ($1,290 @ 12mos $ 15,480
Lot leases ($2,000 @ 12 mos) $ 24,000
Total Administration $106,878
Communication/Image
-VVebsite/Lowdown $ 2,500
-Holiday (tree, ads and event) $ 3,300
-Misc. $ 3,170
Total Communication/Image $ 8,970
2008 Reserves $ 36,000
Total Expenses
$302,440fi$ el • •
Ii1 t(
0.30 vArip
31;•|10 10|Pirl
r'
t-gq•
E gg 3
tat1618'0
a D$|109| r
f!
A.
.1
PA
1,4 41ri in d 19|10 9| i il
[i le h t R: 61 t
PH (TE a ft 1.-
a,
a,
'1 41111
. r.$4, R
Et Se
st 1
ul D iti .
l'4 I
c-
lin P
i 5
e
at 40.
R
IM '°-
kil|10 9| I 1
tin
!,§11 .; li IR II
Gia
!ig tin Ph t
ktg ,Ai t
T I
g i v qi
1 Ft
i
ll
1. ta'
i R414.
11 Itjg
it
Ian
mwpo,
h Blgri.
413
ir ti 6 f1 IP 111 V
R30 g6'
Or;
Fr)
N|1010|041
fkr
rtt
:4461SIVZJ' .2.traly rET=ID,
131==ict OfirOC=
L4g., •top.
(tpice-1
R-29-19V9 1-m:51
-2-.
CulA rnm crly D-QteoTzwa
per.c_tat of! .3f=.=s
yea=, 3
9rpemimeticas with grttd Zsdelpto amoseding .1000,e00 4' =7 tlo
pamelty'im qtua pc= a. Er f l rztv.=. =Lugo 11-L=0 It V1=mehlo cause 6A= thm
delay. Thc ms=isanza pleamitr Eco te-tre2 ilftvsl .m3
a
.7z0.0te. th,4 verrauga.;71=7 &lab e!=gma if- 4
vaturm is mot e=ploMe,i0O please bm sure pour ro=== is c=Rpaame hafoc-,o, y=11
filo it.
7=ro a= mot to Zile pc6c=0. inccee tax rem=mm U=ZQGM 11= mrd
oubjeor r.o the ter. can wlmel0=41tmaimmem / 1==mazedec section D2,2 of. Oho undo.
Zff yom am0 moh5ect o :his omor, yatt Emmet Zile ma imoomm te= Smc=2
M-T, Emailipc aorsomimmtmeam 2mcamb Taa= n-torm. Mm tXds lemmag
linm are I
mot cis2r.e... -Watizsi vlhattanaery oe you= grew= or proposed Zetiviziesace uu.17-0. -
oared 1;rode co . octAemelee 0*noed im moctiem az of ,T:ha dEmim.
TO4A mom zwi 4Otrod ! tizi 4 Imam ligzw= azazza retuas eveildhLS 5Vir priori=
imopazpticet ehame ymicrm gater the met= io dam. Wm aws 4100 tivataim-ed
zoi makft ammf ezpir eae trcur 0,==amat i atecalmtlatizes. Amy mumodaeting.
420====10 arzzal =54,p montaptiom lettvwa ralltgme to =oho theme dr=23EVII2e453
amil=50.4 Ecarigatiblie idmactionismy siajkaar. rem to e pmmaty OE $2/ 0 POV dray
each day tbolum la o_2millure tO czmpAy (Imp to m omoimam a V10. 1000 ia the _ewe i
&m =mai =mmtaxgak. I
you sued ea coVallior .tdectitllatmileml smokier eumm 10 yam have mo
lf an mm;loymr ichmtifiiattl= =Eat. omm onc eftm=d ca your M
gal=alria,t -
a mutbec magiViime, tm rom
W IRM woo t* advisod a 1 ft. att20 .
that m=mbew nagn all rovtd Izmm rOZ fila aonza Le all tata ureattCametmea wg,.=h =fermi
Et/Am= Sorvloc.
•
Z.5 ktgava todlovia4 =m. the haze:Leg off loseow tree.; m&hmbditsla
applfte, thf t- vaalwaG leatmemala immegrel me=t eE t5nis 1=tmo.
Belo:ammo Wkim 1moti= coolla help tteg9.21WT. amar clawaelmos ekliout' you= e=amem
mmema, 10= =r azzed kam4 im yr= Luoammumm mem==ds. •
•
LT yam tiseom =Ey qoesticom, please oevaftet. the vcreom uh,opp ummo wad
talethmDim mwe .,mm Ear-it= eed.ing ot g thap ler:4;er.|1010|;
;
cgct= • si•tr=1.4
0,NONE
(
PROM-Cal .M.Pla.:9i
/3072382
POlICY r
D PAS 02304121 I M0178323E3-001-00001
Attachment 4
BRA
NCH 4J NORTHERN DALIN:I ANNIVERSARY EFF 04/09/200E
ZURICH
PRECISION PORTFOLIO POLICY
COMMERCIAL GENERAL LJABILITY DECLARATIONS
PRECISION AMERICA
OFFICE PROGRAM
This coverage part consists of this declarations form, the common policy conditions, and
the coverage forms and endorsements indicated as applicable on the forms list.
AS IWP- 77:1400Aigr,—, alfRi 4. -aq
Some of these coverages are sublimits or are subject to aggregate limits. Refer to your
policy to determine how they apply.
GENERAL AGGREGATE
PRODUCTS AND COMPLETED OPERATIONS AGGREGATE
EACH OCURENCE -
TENANTS LEGAL HABIL/TV
MEDICAL EXPENSES- - EACH PERSON
PERSONAL INJURY AND ADVERTISING WET
HIRED AND NOIRES) AUTOMOBILE LIABIL/TY
$2,000,000
$2,000,000
$1,000,000
$1,0D0,000
$ WOO
$1,000,000
$1,000,000
COMMERCIAL GENERAL LIAR liTy
ss2co8 Ed 3-00 INSURED'S COPY 03/04/200011:05 AM
CC E Attachment 5 INC
10/23/08
Accrual Basis
Balance Sheet
As of March 31, 2008
Mar 31, 08
ASSETS
Current Assets
Checking/Savings
1000 - Cash
1020- DBA Account - Bank of the West 19,956.19
1090- Petty Cash 200.00
1000 • Cash - Other 9.75
Total 1000 - Cash 20,165.94
Total Checking/Savings 20,165.94
Accounts Receivable
1200 - Accounts Receivable 102.12
Total Accounts Receivable 102.12
Total Current Assets 20,268.06
Fixed Assets
Fixed Asset
Computer 1,603.03
Fixed Asset Furniture 646.09
Total Fixed Asset 2,249.12
Total Fixed Assets 2,249.12
TOTAL ASSETS 22,517.18
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
2000 • Accounts Payable
Total Accounts Payable
Total Current Liabilities
Total Liabilities
Equity
3000 - Opening Bal. Equity
3900 - Retained Earnings
Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
5,195.83
5,195.83
5,195_83
5,195.83
4,824.54
23,174.60
-10,677.79
17,321.35
22,517.1811:07 AM
10123108
Accrual Basis
CC Downtown Business Association, INC
Balance Sheet
As of June 30, 2008
Jun 30, DB
EMPROPINIPOPPRnMMI
ASSETS
Current Assets
Checking/Savings
1000 • Cash
1020 • DBA Account - Bank of the West 88,059.59
1090 • Petty Cash 200.00
1000 - Cash - Other 915
Total 1000 Cash 88,269.34
Total Checking/Savings 88269.34
Accounts Receivable
1200 • Accounts Receivable 10112
Total Accounts Receivable 102.12
Total Current Assets 88,371.46
Fixed Assets
Fixed Asset
Computer 1,603_03
Fixed Asset Furniture 646.09
Total Fixed Asset 2,249.12
Total Fixed Assets 2249.12
TOTAL ASSETS 90,620.58
L/ABFLMES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
2000 • Accounts Payable
Total Accounts Payable
Total Current Liabilities
Total Liabilities
Equity
3000 - Opening Bal Equity
3900 Retained Earnings
Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
4,417.80
4,417.80
4,417.80
4,417.80
4,824.54
23,174.60
58,203.64
86,202.78
90,620.5811:09 AM
10/23/08
Accrual Basis
CC Downtown Business Association, INC
Balance Sheet
As of September 30, 2008
Sep 30, 08
ASSETS
Current Assets
Checking/Savings
1000 • Cash
1020 - DBA Account - Bank of the West 66,481.87
1090 Petty Cash 200.00
1000- Cash - Other 9.75
Total 1000 • Cash 56,691.62
Total Checking/Savings 66,691.62
Accounts Receivable
1200 • Accounts Receivable 102.12
Total Accounts Receivable 102,12
Total Current Assets 66,793.74
Fixed Assets
Fixed Asset
Computer 1,603.03
Fixed Asset Furniture 646.09
Total Fixed Asset 2,249.12
Total Fixed Assets 2249.12
TOTAL ASSETS 69,042.86
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
2000 - Accounts Payable
Total Accounts Payable
Total Current Liabilities
Total Liabilities
Equity
3000 • Opening Bal Equity
3900 - Retained Earnings
Net Income
Total Equity
TOTAL LIABILMES & EQUITY
12,191.57
12,191.57
12,191,57
12,19137
4,824.54
23,17430
28,852./5
56,851.29
69,0423611:10 AM
10/23/03
Accrual Basis
CC Downtown Business Association, INC
Balance Sheet
As of December 31, 2008
Dec 31, 08
MIIMM.1111•111
ASSETS
Current Assets
Checking/Savings
1000- Cash
1020 • DBA Account - Bank of the West 54,230.67
1090 Petty Cash 200.00
1000 • Cash - Other 9.75
Total 1000 - Cash 54,440.42
Total Checking/Savings 54,940.42
Accounts Receivable
1200 • Accounts Receivable 102.12
Total Accounts Receivable 102.12
Total Current Assets 54,542.54
Fixed Assets
Axed Asset
Computer 1,603.03
Fixed Asset Furniture 645.09
Total Axed Asset 2,249.12
Total Fixed Assets 2,249.12
TOTAL ASSETS 56,791.66
LIABILITIES & EQUITY
Equity
3000 - Opening Bel Equity
4,824.54
3900 Retained Earnings
23,174.60
Net Income
28,792.52
Total Equity
55,791.66
TOTAL LIABILITIES & EQUITY
56,791.661108 AM
10/23/08
Accrual Basis
CC Downtown Business Association, INC
Profit & Loss
January through March 2008
Jan - Mar 08
Income
4000 - Income
4010 Assessment Income
4030 • Associate Member Dues
4070 • Commission Income
4071 • Payphone Commission
Total 4070- Commission Income
4090 - Miscellaneous Income
4091 • Interest Income
Total 4000 - Income
Total Income
Expense
Maintenance Expense
Special Projects
5000 - Communication & Image Expense
5200 • Promotional Events
5211 - Holiday Events
5200 • Promotional Events - Other
Total 5200 - Promotional Events
Total 5000 - Communication & Image Expense
8000 • Administration Expense
8400 • Office Expense
8410 - Telephone
Total 8400 - Office Expense
8600- Consulting Management
8700 - Insurance
8000 - Administration Expense - Other
Total 8000 • Administration Expense
Total Expense
Net Income
15,000 00
300.00
34.75
34.75
400.00
7.07
15,741.82
15,741.82
12,879.41
124.49
100.00
198.00
298.00
298.00
252_57
252.57
12,000.00
750.00
115_14
13,117.71
28,419.61
-10,677_7911:08 AM
10/23/08
Accrual 625 is
CC Downtown Business Association, INC
Profit & Loss
April through June 2008
Apr Jun 08
Income
4000 • Income
4010 Assessment Income 93,938.25
4070- Commission Income
4071 - Payphone Commission 42.43
Total 4070 • Commission Income 42.43
4080 - Reimbursed Expenses
4085 • Other 162.00
4080 - Reimbursed Expenses - Other 18.00
Total 4080 - Reimbursed Expenses 180.00
4091 - Interest Income 23.69
Total 4000 - Income 94,184.37
Total Income 94,184.37
Expense
Maintenance Expense 12,923.80
8000 - Administration Expense
8400 • Office Expense
8410 • Telephone 176.39
8470 • Office Supplies 20Z75
Total 8400 • Office Expense 379.14
8600 - Consulting management 12,000.00
Total 8000 • Administration Expense 12,379.14
Total Expense 25,302.94
Net Income 68,881.4311:10 AM
10/23/08
Accrual Basis
CC !Downtown Business Association, INC
Profit & Loss
July through September 2008
Sep 08
Income
4000 - Income
4080- Reimbursed Expenses 10,200.00
4091 • interest income 13.99
Total 4000 - income 10,213.99
Total Income 10,213.29
Expense
• Maintenance Expense 20,697.57
5000 • Communication & Image Expense
5200 • Promotional Events
5211 - Holiday Events 1,089.50
Total 5200 - Promotional Events 1,089.50
5400- Website 878.75
5500 - Other Marketing Expenses 500.00
Total 5000 - Communication & image Expense 2,468.25
8000 • Administration Expense
8400 • Office Expense
8410 Telephone 265.66
Total 8400 • Office Expense 265.66
8500 - Professional Fee 1,450.00
8600 • Consulting Management 13,000.00
8700 • Insurance 1,450.00
8800 • Taxes, Dues, Permits 234.00
Total 8000 - Administration Expense 16,399.66
Total Expense 39,565.48
Net income -29,351.4911:11 AM
10/23/08
Accruaf Basis
CC Downtown Business Association, INC
Profit & Loss
October through December 2008
Oct - Dec 03
Income
0.00
Expense
8000 • Administration Expense
8400 - Office Expense
8410 - Telephone 59.63
Total 8400 - Office Expense 59.63
Total 8000 - Administration Expense 59.63
Total Expense 59.63
Net Income -59.63
22CC Downtown Business Association, INC
NP Aging Summary
As of October 31, 2008
11:01 AM
10/23/08
Current
1 -30
31 - 60 61-90 >90 TOTAL
TOTAL 0-00
0.00
0.00 0.00 0.00 0.0011:03 AM
CC Downtown Business Association, INC
10/23/08
AM Aging Summary
As of October 31, 2008
Current 1 - 30 31 -60 61 -90 > 90
...............
TOTAL
.....
0.00 0.00 0.00 LOD 0.00 0.00 Flavor & Flair
Pomp Horne 0_00 0.00 0.00 0.00 0.00 0.00
Starvvest 0.00 0.00 0.00 LOD 102.12 102.12
TOTAL 0.00 0.00 0.00 0.00 102.12 102_12Attachment |1010|BID ADVISORY BOARD RECOMMENDATIONS-2009
KEN KAUFMAN/BUSINESS OWNER
DOUGLAS NEWTON/BUSINESS OWNER
JOHN WOLCOTT/BUSINESS AND PROPERTY OWNER
GERALD WE1NER/ATTORNEY
EMILY BERETTA/BUSINESS OWNERAttachment 7
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT AGREEMENT
This Agreement is entered into by and between the CITY OF CULVER CITY, a
municipal corporation organized and existing under and pursuant to its Charter
and the Constitution of the State of California (hereinafter "City"), and the
CULVER CITY DOWNTOWN BUSINESS ASSOCIATION, INC., a California
nonprofit mutual benefit corporation organized and existing under and pursuant
to the laws of the State of California (hereinafter "CCDBA") with reference to the
following facts:
RECITALS
A. Following properly noticed and publicly held meetings and hearings, the
City Council has continued a Business Improvement Area to be known as
the Downtown Culver City Business Improvement District (hereinafter
"District"), pursuant to Section 36500 et seq. of the California Streets and
Highways Code (hereinafter "Act"), by and through the adoption of
Ordinance No. 2000-027 on December 11, 2000 (the "Ordinance").
B. Pursuant to the Ordinance and enabling law, benefit assessments have
been levied upon the various classes of businesses located within the
District.
C. Such assessments levied and collected by City shall be used only for the
purposes set forth in the Ordinance.
D. The services to be performed by CCDBA contribute to the economic and
promotional well being of the community.
E. The services to be performed by CCDBA are of a nature that the interests
of the City are better served by an agreement with CCDBA than by the
performance of such services by City.
The City Council of the City has determined the public interest,
convenience and necessity require the execution of this Agreement to
provide the service to be provided by CCDBA.
NOW, THEREFORE, City and CCDBA in consideration of the recitals, mutual
promises, covenants, representations and agreements set forth below, hereby
promise, covenant, agree and represent as follows:
Page 1Section 1. TERM OF AGREEMENT
1.1 This Agreement shall be effective from January 1, 2009, through
December 31, 2010, unless terminated sooner pursuant to the terms
hereof. Obligations or expenditures for items not budgeted shall not be
paid through assessments collected for the District.
1.2 The CCDBA may terminate this Agreement in advance of the expiration of
the term for cause, by giving sixty (60) days written notice to the City.
Such termination shall be effective on the sixty-first (61st) day after mailing
of such notice.
1.3 The City may terminate this Agreement in advance of the expiration of the
term without cause, by giving sixty (60) days written notice to the CCDBA.
Such termination shall be effective on the sixty-first (61st) day after mailing
of such notice.
Section 2. CCDBA RESPONSIBILITIES
2.1 CCDBA shall render professional services and shall utilize, and cooperate
with, City's Community Development Director, or her/his designee, to
provide work program coordination consisting of project development and
implementation, program administration and plans and reports.
2.2 CCDBA shall submit to the Community Development Director project
plans and reports, including the following:
2.2.1 Before the implementation of any project or expenditure of project
funds, submit a project plan as described further under items 2.2.2
and 2.5 below.
2.2.2 By the 30th day of the first month of each quarter, beginning
April 30, 2009, submit a quarterly progress report, outlining the
progress of the several projects in relation to the proposed project
schedules. This report will be provided with each quarterly or
periodic request for disbursement or reimbursable advance.
2.2.3 By the 1 st day of October of each year, submit a report outlining the
project plans, goals and budget for the period encompassing
January 1 to December 31 of the following year, including all
documentation required by Section 36533 of the Act as well as all
other pertinent provisions of the Act, as amended.
Page 2
fl2.2A By the 30th day of each March, submit a statement of income and
expense for the CCDBA covering the period from January 1 to
December 31 of the prior year and certified by an independent
Certified Public Accountant.
CCDBA responsibilities pursuant to this Paragraph 2.2 shall be in
conformance with accepted industry standards to the sole reasonable
satisfaction of the Community Development Director.
2.3 CCDBA shall administer the entire work program in a prudent manner
within the budget attached hereto and made a part hereof as Exhibit A.
CCDBA assumes responsibility for contracting for support services as
required and paying for all such direct out-of-pocket expenses as may be
necessary for the timely completion of work. Obligations or expenditures
for items not budgeted shall not be paid through assessments collected for
the District.
2.4 CCDBA shall maintain ongoing liaison with the community, which shall
include holding an annual public meeting to be noticed in writing to all
assessed business establishments in the District. This meeting will be
conducted in the community in order to allow the business establishments
to familiarize themselves with CCDBA functions and to inform CCDBA of
their concerns and desires. A representative of the Community
Development Director's office may attend as a member of the panel to
provide information as required.
2.5 In addition to an annual work program, CCDBA may choose for each
project to be implemented, to submit for the Community Development
Director's approval a focused project plan, including a project budget and
proposed project schedule. Each project shall be implemented within the
budget amount specified. If the budget amount for any project is not
sufficient, CCDBA has the authority to make reasonable budget
adjustments not to exceed twenty-five percent (25%) of the total budget
for that project, between several projects as necessary, and as limited by
the total annual budget for the program. The projects shall be as follows,
in no order of priority:
2.5.1 Commercial Marketing
CCDBA shall develop a general commercial marketing program,
which may include such items as a public relations campaign,
institutional advertising, a community newsletter, and a business
directory and member mailing list of all businesses in the District.
'LAS
Page 32.5.2 Special Events and Activities
CCDBA shall develop and carry out an annual program of special
events and activities, which may include such items as street fairs,
carnivals, circuses, farmers' market and other sales and
promotional activities.
2.5.3 Beautification
CCDBA shall develop and implement a physical beautification
program, which may include items such as special event banners
and flags, holiday lighting and decorations, and other area-wide
amenities as appropriate.
2.5.4 Other
CCDBA shall provide for other organization-related services,
functional duties and expenses such as insurance,
bookkeeping/accounting, printing, postage, office supplies,
equipment and utilities, as appropriate.
2.6 CCDBA shall maintain tax-exempt status with the United States Internal
Revenue Service and the California State Franchise Tax Board for the
term of this Agreement. CCDBA shall provide documentation of such
status to the City Treasurer prior to the disbursement of any funds to
CCDBA pursuant to this Agreement.
2.7 CCDBA shall recommend to the City Council for appointment CCDBA
members who will act as a Business Improvement District Advisory Board.
This committee shall be named the CCDBA BID Advisory Board
Committee. Members of this committee shall be limited to representatives
of businesses that are within the District and are subject to the
assessments. Members shall be in good standing with the District and
shall be current in regard to Culver City Business Tax, or any other debts
to the CCDBA, District, or the City.
2.8 CCDBA, and subcontractors and consultants, if any, shall be required to
obtain all necessary documentation including, but not limited to, any and
all certificates, licenses and permits required to do business in the City. A
list of said subcontractors and consultants shall be submitted to the City's
Chief Financial Officer on a quarterly basis, commencing April 1, 2009.
Section 3. CITY RESPONSIBILITIES
Page 4
2.013.1 The City shall be responsible for mailing assessment notices, for receiving
the assessments, and for authorizing disbursements of funds collected to
CCDBA except and unless otherwise agreed upon by both parties.
3.1.1 Refunds and Adjustments
The City's Chief Financial Officer shall reserve the right to retain a
sum equal to the amount of assessments known to be in dispute for
a period of forty-five (45) calendar days after the close of each
fiscal year, on the 31 st day of December of each year, as a
contingency fund for the processing of valid claims for refunds or
adjustments submitted to the City by business establishments
within the District. The City's standard policy for processing claims
for refunds or adjustments shall apply.
3.1.2 Collection of Delinquent Assessments
The City and the CCDBA may, from time to time, agree to take
steps beyond those outlined in this Agreement in the collection of
delinquent BID assessments. Prior to such additional collection
efforts, the City and the CCDBA shall agree in writing upon the
terms and conditions of such collection measures, including, but not
limited to, additional fee to be retained by the City for any additional
collection efforts.
3.2 The Community Development Director shall review CCDBA's quarterly
reports.
3.3 The City's Chief Financial Officer shall disburse funds on a monthly basis
when the assessment fund account balance exceeds $100. The City's
standard policy for processing requests for disbursement shall apply.
3.4 CCDBA shall pay to City all standard City fees including, but not limited to,
fees or service charges for photocopy and reproduction requests and
generation of real property, parcel or business ownership lists, as
applicable.
3.5 Certain types of information obtained and possessed by the City including,
but not limited to, certain tax data, have been determined to be
confidential information by the City Attorney and will not be made available
to CCDBA. Notwithstanding, the City's Finance Department shall inform
the CCDBA when a new business enters the District. This shall occur
each quarter. The list shall include a method by which the CCDBA may
contact a new business.
10
Page 53.6 The City recognizes the CCDBA BID Advisory Board Committee as the
BID advisory board within the meaning of that term as referenced in
Section 36530 of the Act.
3.7 The CCDBA understands and acknowledges that the CCDBA BID
Advisory Board Committee will be subject to all State and City laws and
regulations relating to government entities' conflict of interest, open
meetings and public records, and hereby agrees to comply with all such
laws and regulations.
Section 4. DISBURSEMENTS
4.1 An amount proportionate to the total amount collected ,shall be disbursed
to the CCDBA by the City's Finance Department, not to exceed the total
budget as approved by the City Council, less two percent of the total
assessment to cover City expenses. If CCDBA dissolves itself prior to or
upon the expiration of this Agreement, any unexpended monies shall be
returned to the City's Chief Financial Officer.
4.2 By the thirtieth (30th) day of the first month of each quarter, CCDBA shall
submit in duplicate a quarterly report to the Community Development
Director. Such report shall:
1. Include the quarterly progress report, including supporting
documentation of expenditures incurred in the previous quarter and
an itemized request for disbursement for the current quarter.
2. Contain a statement by CCDBA certifying that CCDBA staff time, if
any, expended and payment requested is for services performed in
accordance with the provisions of this Agreement.
Section 5. NOTICES
5.1 Notices to the parties shall, unless otherwise requested in writing, be sent
to:
City
City of Culver City
Community Development Department
Attention: Community Development Director
P.O. Box 507
Culver City, CA 90232-0507
CCDBA:
Culver City Downtown Business Association
Attention: President
P.O. Box 1322
Culver City, CA 90232
Page 6Page 7
Section 6. OWNERSHIP OF DOCUMENTS
6.1 The work product prepared or acquired by CCDBA pursuant to this
Agreement including, but not limited to, any and all data, documents,
memoranda, sketches, drawings, photographs, audio tapes, video tapes,
computer disks, designs, plans, reports, investigations and materials
(collectively and individually, the "Work Product") shall be and shall remain
property of City and the District for the exclusive use of the District.
CCDBA shall have the right to retain copies of the Work Product. CCDBA
acknowledges that the Work Product shall be and shall remain
confidential, to the extent permitted by law, and shall not be made
available to any individual or organization without the prior written consent
of the City. The Work Product shall, upon demand of the City, be
delivered to the City without additional cost or expense to the City.
Section 7. CONFLICT OF INTEREST
7.1 For the duration of this Agreement, CCDBA or its employees will not act
as consultant or perform services of any kind for any person or entity in
regard to the District without the prior written consent of the City. In
addition, neither members of the Board of Directors of CCDBA nor paid
staff, if any, may enter into any contract on behalf of CCDBA, nor vote on
any District matters when such contract or matter would be of financial
benefit to the member of the Board of Directors over and above the
general financial benefit to all businesses in the District.
Section 8. COST RECORDS
8.1 In accordance with generally accepted accounting principles, CCDBA
shall maintain full and complete records of services performed under this
Agreement. Such records shall be open to the inspection of the City and
shall be kept for a 5-year period in case of audit.
8.2 The records maintained by CCDBA shall include all receipts for
expenditures incurred. The City reserves the right for the Community
Development Director, or his/her designee, to perform a contract
compliance audit at any time during the fiscal year. CCDBA agrees to
keep all receipts and other supporting documents available for inspection
during said audits.
Section 9. EQUAL OPPORTUNITY PROGRAM
9.1 Nondiscrimination and Affirmative ActionCCDBA shall comply with the applicable nondiscrimination and affirmative
action provisions of the laws of the United States of America, the State of
California and the City. In performing this Agreement, CCDBA shall not
discriminate in its employment practices against any employee or
applicant for employment because of such person's race, religion, national
origin, ancestry, sex, sexual orientation, age, physical handicap, marital
status or medical conditions.
Section 10. AMENDMENTS
10.1 City periodically may request change in the scope of services to be
performed hereunder. Such changes, which are mutually agreed upon by
and between City and CCDBA, shall be incorporated in written
amendments to this Agreement.
10.2. This Agreement may not be amended except in writing by mutual
agreement of both parties. A failure to object to a breach of this
Agreement shall not constitute an amendment thereof, nor shall it waive
any future breach of this Agreement.
Section 11. INSURANCE
11.1 Without limiting its obligations pursuant to Section 12 of this Agreement,
CCDBA shall submit proof of Comprehensive General Liability insurance
in a minimum amount of one million dollars ($1,000,000) single limit
coverage, or statutorily required amounts, whichever is greater. Proof of
insurance shall consist of a Certificate of Insurance and the City's Special
Endorsement Form, attached hereto as Exhibit "B," executed by CCDBA's
insurer in amounts satisfactory to, and in a form approved by, the City
Attorney.
Section 12. INDEMNITY
12.1 Except for the active negligence or willful misconduct of City, CCDBA
undertakes and agrees to defend, indemnify and hold harmless City, the
CCRA and each of their, officers, agents, employees, assigns and
successors in interest from and against all suits and causes of action,
claims, losses, demands and expenses, including, but not limited to,
attorney's fees and cost of litigation, damage or liability of any nature
whatsoever, for death or injury to any person, including CCDBA's
employees and agents, or damage or destruction of any property of either
party hereto or of third parties arising in any manner by reason of the acts,
errors, omissions or willful misconduct incident to the performance of this
Agreement by CCDBA or its subcontractors of any tier.
Page 8Page 9
The City does not waive any rights against CCDBA, which it or the CCRA
may have by reason of the above hold-harmless clause due to the
acceptance by the City of insurance policies described herein.
In the event CCDBA, City and/or CCRA are sued by a third party for
damages caused or allegedly caused by CCDBA or by a dangerous
condition of City's or CCRA's property created by CCDBA or existing while
the property was under the control of CCDBA, CCDBA shall not be
relieved of its indemnity obligation to City or CCRA by any settlement with
any such third party unless that settlement includes a full release and
dismissal of all claims by the third party against the City or CCRA.
Section 13. ASSIGNMENT
13.1 CCDBA covenants and agrees it will not assign or transfer its rights under
this Agreement, either in whole or in part, without first obtaining the written
consent of City, which consent may be granted or denied at the sole and
absolute discretion of City. Any attempt by CCDBA to assign or transfer
its rights or obligations without such prior written consent shall be null and
void and may, at the option of City, automatically terminate this
Agreement.
Section 14. ASSETS OF THE DISTRICT _
14.1 In the event the District is disestablished or otherwise discontinued, then
the existing assets of the District shall be the property of City. However,
said assets shall only be used (1) to pay the City any outstanding sums
due to it by the District and (2) to disburse the remaining assets after
payment to City by the then current members of the District on a pro-rata
basis.
Section 15, ATTORNEY FEES
15.1 If any action is brought in law or equity to enforce or interpret the
provisions of the Agreement, the prevailing party shall be entitled to
reasonable attorney fees in addition to any other relief to which it may be
entitled.
Section 16. SEVERABILITY
16.1 If any clause, provision, or section of the Agreement shall be ruled invalid
by any court of competent jurisdiction, the invalidity of such clause,
provision or section shall not affect any of the remaining provisions hereof.
Section 17. WAIVER17.1 Waiver by either party of any breach of any term, covenant or condition
herein contained shall not be deemed a waiver of such term, covenant or
condition or any subsequent breach of the same or any other term,
covenant or condition herein contained.
Section 18. SECTION HEADINGS
18.1 The section headings of the Agreement are for convenience and reference
only, and shall in no way be deemed to define, limit or add to the meaning
of any provision of the Agreement.
Section 19. GOVERNING LAW/COMPLIANCE WITH LAWS
19.1 The Agreement shall be governed by, and construed in accordance with,
the laws of the State of California. The parties hereto agree to be bound
by all federal, state and local laws, ordinances, regulations and directives
pertaining to the services to be performed hereunder_ All disputes arising
hereunder shall be resolved n Los Angeles County.
Section 20. COUNTERPARTS
20.1 The Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same
instrument.
Section 21. EXTENT OF AGREEMENT
21.1 The Agreement represents the entire and integrated agreement between
the City and CCDBA and supercedes any and all prior negotiations,
representations or agreements, either oral or written.
Page 10
SIN WITNESS WHEREOF, this Agreement is executed by the CITY OF CULVER
CITY, acting by and through its Mayor, and the CULVER CITY DOWNTOWN
BUSINESS ASSOCIATION, acting by and through its President and Vice-
President or Secretary.
APPROVED AS TO FORM: CITY OF CULVER CITY, A Municipal
CITY ATTORNEY Corporation of the State of California
By By Carol Schwab Scott Ma!sin
City Attorney Mayor
Date
ATTEST:
CITY CLERK
By
Martin Cole
City Clerk
CULVER CITY DOWNTOWN
BUSINESS ASSOCIATION
By
Gerald Weiner
President
Date
By
Vice-President or Secretary
Date
Page 111|1010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Attachment 8
RESOLUTION NO. 2008-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE
BUSINESS IMPROVEMENT DISTRICT ADVISORY
COMMITTEE'S ANNUAL REPORT AND LEVYING THE
DOWNTOWN CULVER CITY BUSINESS IMPROVEMENT
DISTRICT ASSESSMENT FOR 2009.
WHEREAS, the Parking and Business Improvement Area Law of 1989
(California Streets and Highway Code §§36500 et seq.) (the "BID Law") authorizes cities to
establish parking and business improvement areas for the purpose of imposing
assessments on businesses for certain purposes;
WHEREAS, the Culver City City Council adopted Ordinance Nos. 98-011 and
2000-027, establishing regulations by which the Downtown Culver City Business
Improvement District (the "District") is to operate;
WHEREAS, pursuant to the agreement between Culver City and the
Downtown Business Association, the Culver City Business Improvement District Advisory
Committee shall be designated by the City Council as the Advisory Board required by the
BID Law;
WHEREAS, on November 10, 2008, the Culver City City Council (the
"Council") approved the District's Annual Report (work program and budget), prepared by
the Culver City Business Improvement District Advisory Committee (the "Committee"), and
established December 8, 2008 as the date for a public hearing to continue the District;
WHEREAS, on December 8, 2008, after conducting a duly noticed public
hearing, the Council confirmed the Committee's Annual Report and, after determinin g there
281|1010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
27
28
was no majority protest decided to continue the Downtown Culver City Business
Improvement District; and,
WHEREAS, Section 9.c. of Ordinance No. 2000-027 requires the adoption of
this resolution in order to levy assessments for the subject calendar year.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. The Council hereby determines there was no majority protest.
2. The Council hereby confirms the District's Annual Report, as prepared
by the Committee.
3. The Council hereby establishes the assessments to be applied to
businesses located within the boundaries of the District, in classifications and amounts set
forth in Exhibit "A," which is attached hereto and incorporated by reference as though fully
set forth herein.
4. This resolution shall become effective upon signature.
APPROVED and ADOPTED this day of 2008.
D. SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN COLE, City Clerk
CAROL A. SCHWAB, City Attorney
A08-00501
-2-rt-1.11; ICI .1,11711,AFIA(.) rl; i
),,L I f IA/101MA 0 0
fir1 1 .7; (I-J(1cl
SP)
V!,
F0PiE:Downtown Culver City-Business Improvement District-
Report of Proposed Year 2009 Work Program and Budget
The Downtown Culver City Business Improvement District Advisory Committee ("Advisory
Committee") is pleased to present its Proposed Year 2009 Work Program and Budget This
report is prepared in accordance with the requirement of Culver City Ordinance No. 98-011,
which established the Downtown Culver City Business Improvement District ("DCCBID"), the
Business Improvement District Management Agreement between the City of Culver City ("City")
and the Culver City Downtown Business Association ("CCDBA"), and the Streets and Highways
Code, section 36533.
The Advisory Committee does not propose any changes to the Advisory Committee structure, nor
to the boundaries of the parking and business improvement area. A map illustrating BID
boundaries is included as Exhibit A. The Advisory Board recommends a 17% increase in
assessment rates for 2009 which will support the ongoing management and implementation of
increased programs that benefit all downtown businesses and users. The Advisory Board
recommends changes to the assessment schedule as follows:
Business Type
City Business License Code Annual BID Fee
TYPE A
Retail 1-1000 sq. ft. 036-144, 396, 399, 402
Retail 1001-2500 sq. ft.
Retail 2501-5000 sq. ft.
Retail > 5000 sq. ft.
Hotel 456, 480
Bar/Restaurant: Total Seats, both Indoor & Outdoor: 390, 654-690
0-50 seats
51-100 seats
>100 seats
Computer Graphics & Computer Services 152, 200
Martial Arts Studio, Health Studios, Hair Salon 744, 276
0-25,000 sq. ft.
> 25,000 sq. ft.
$ 351
$ 585
$ 877.50
$1170
$1755
$1170
$1755
$2340
$ 585
$ 585
$1170
TYPE B
Theaters
858
$2.34/seat
Live Performance
858
$1.17/seat
TYPE C
All others, not listed $351
TYPE D
Banking Institutions 0-7500 sq. ft_ 342 $1170
Banking Institutions > 7500 sq. ft $1755
Film Studios 490, 498 $1170
Recording Studios 554 $1170
Utilities $1170
Hospitals > 20,000 sq. ft. 780 $2340
Hospitals and Clinics <20,000 sq. ft. $1170
TYPE E
Commercial Rentals 432
<5,000 $1170
5,001-15,000 $1755
15,001-25,000 $234025,001-35,000
$2925
Over 35,000
$3510
The DCCBID's activities and estimated costs for the coming year are set forth in Exhibit "B"
Proposed year 2009 Work Program Budget. All funds collected are used for BID activities which
strengthen the business climate within the BID area, attract new investment and improve the
quality of life for all downtown users.
Note:
1. Fee for individual business owners with multiple business licenses/operations at the
same address will be based on the single highest category.
2. Business owners with multiple business locations within the BID area will be assessed
separately at each location.
3. Commercial rentals will be assessed for each building location, not each tenant space.
4. Multiple independent business owners at the same address will be assessed separately
at their respective rates.