title
CC - PUBLIC HEARING - (1) Adoption of a Resolution Confirming the 2022 Annual Work Plan and Levy of Assessments for the Downtown Culver City Business Improvement District; and (2) Appointment of Members to the Downtown Culver City Business Improvement District Advisory Board for Calendar Year 2022.
body
Meeting Date: December 13, 2021
Contact Person/Dept: Glenn Heald/ CDD
Todd Tipton/CDD
Phone Number: 310-253-5752
310-253-5783
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail and Telephone) Downtown Business Association (10/25/2021); (E-Mail) Meetings and Agendas - City Council (12/09/2021); Published in Culver City News (11/18/2021).
Department Approval: Sol Blumenfeld, Community Development Director (11/22/2021)
_____________________________________________________________________
RECOMMENDATION:
Staff recommends the City Council (1) adopt the proposed resolution (Attachment No. 1) confirming the Downtown Culver City Business Improvement District 2022 Work Program and the levy of assessments for the Downtown Culver City Business Improvement District (“DCCBID”); and (2) appoint members to the DCCBID Advisory Board.
PROCEDURE:
1. The Mayor announces that this is the time and place for the hearing of protests or objections to the continuation of the DCCBID.
2. The City Clerk announces that the Resolution of Intention, which included notice of this public hearing, was published in the Culver City News on November 18, 2021, and was mailed to all affected businesses.
3. The Mayor requests a staff report (if desired).
4. The Mayor seeks a motion to open the public hearing.
5. After receiving all public comments, the Mayor requests the City Clerk to report on any protests received and announce whether a majority protest exists.
6. The Mayor seeks a motion to close the public hearing.
7. The Mayor seeks a motion to overrule and deny all protests (absent a majority protest).
8. The Mayor seeks a motion to adopt the proposed resolution (absent a majority protest).
BACKGROUND/DISCUSSION
The BID renewal process is governed by the California Streets and Highways Code, Sections 36500-36551 (the Law). On November 8, 2021, the City Council approved the 2022 DCCBID Annual Work Program and Budget (Attachment No. 5, i) and adopted a Resolution of Intention to conduct a public hearing on December 13, 2021, to consider continuation of the DCCBID program and the levy of assessments on the DCCBID for calendar year 2022 (Attachment No. 5, ii). The DCCBID Advisory Board proposes no changes to assessment rates or the DCCBID boundary area for 2022.
The proposed 2022 DCCBID Annual Work Program includes:
• Marketing and promotional activities.
• Decoration and beautification.
• Supplemental maintenance of the BID area in accordance with the Law.
Annual assessments are collected by the City and disbursed to the Downtown Business Association (“DBA”), which manages the DCCBID Work Program in accordance with the Management Agreement between the City and the DBA (Attachment No. 5, iii). Assessment funds collected may only be spent on programs/activities that benefit the BID.
If there is a majority protest of the assessment during the public hearing, which represents 50 percent (50%) or more of the assessment proposed to be levied, the City Council is required to adopt a motion stating a majority protest exists and no further proceedings to renew the BID shall occur for a period of one year.
Advisory Board
State law requires the City Council to appoint an advisory board to prepare and submit the Annual Work Program and Budget. The City Council may appoint the persons recommended by the DBA or choose other individuals for appointment to the Board (Attachment No. 5, v).
The DBA recommends the following persons be appointed to the 2022 DCCBID Advisory Board:
• Eric Sims / Associate General Manager
• Kathryn Lundeen / Business Owner
• Karl Kuhn / Business Owner
• Ken Kaufman / Business Owner
Management Agreement
A Management Agreement between the City and the Downtown Business Association (DBA) defines and denotes the responsibilities and duties of the City and the DBA regarding implementation of the DCCBID Work Program. The DBA is a nonprofit corporation that administers the annual Work Program developed by the BID Advisory Board and approved by Council. The current Management Agreement is valid through December 31, 2022.
FISCAL ANALYSIS
There is no fiscal impact to the City by approving an annual renewal of the BID. Expenses relative to the collection and distribution of BID assessments, and staff time spent preparing and presenting reports are offset by the City’s two percent (2%) administrative fee included in the 2022 Work Program and budget.
ATTACHMENTS
1. Proposed Resolution
2. DBA Quarterly Financial Statements and Accounts Payable Summary.
3. Internal Revenue Service Tax-Exempt Certification.
4. DBA Certificate of General Liability Insurance.
5. Notes.
MOTION
That the City Council:
1. (In the event a majority protest is received) Adopt a motion recognizing that protests have been received from the owners of businesses in the proposed district which represent fifty percent (50%) 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
2. (Absent a majority protest) Adopt the proposed resolution confirming the Downtown Culver City Business Improvement District Advisory Board’s Annual Report and the levy of the Downtown Culver City Business Improvement District Assessment for calendar year 2022; AND
3. Appoint the 2022 Advisory Board as recommended by the Downtown Culver City Business Improvement District.