City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council (the “Council”) adopt a resolution to levy the
proposed 2007 BID assessment and adopt the recommendations for the 2007 BID
Advisory Committee, unless a majority protest is made.
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 23 and 30, 2006, and was mailed
to all affected businesses.
Mayor and Council: Moves 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
protest, who wish to make oral protests or presentations.
Staff: Reports on protests received.
Mayor and Council: Moves to declare the Public Hearing closed.
Meeting Date: 12/11/06 Item Number: PH-2
AGENDA ITEM: Public Hearing to Continue the Downtown Culver City Business
Improvement District.
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 businesses in the
Downtown Culver City Business Improvement District (11/27/06); published in the
Culver City News (11/23/06 & 11/30/06); Master Notification List (12/07/06).
Department Approval:
Susan Evans (11/30/2006)
City Manager Approval:
Jerry Fulwood
City Controller Approval:
Marlee ChangCity of Culver City, California
City Council Agenda Item Report
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 2007 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 Downtown business dependency on
the City and Redevelopment Agency.
On November 13, 2006, the Council approved the BID’s 2007 Annual Work
Program and Budget, as filed with the City Clerk, and adopted a Resolution of
Intention to conduct a public hearing on December 11th. Additional information
related to the Annual Work Program and Budget was included in the November 13,
2006, City Council Agenda Item Staff Report, which is attached for review
(Attachment No. 1).
DISCUSSION:
During 2006, the BID reported approximately $83,848 in total BID assessment
revenues, Agency Executive Director grant, and carryover funds from 2005. These
funds were used toward the 2006 DBA BID Work Program, with an anticipated
carryover of $5,000 for 2007. This is further described in the Downtown Business
Association’s (the “DBA”) Quarterly Financial Statements, which are attached for
review (Attachment No. 3).
BID revenues are managed by the DBA in accordance with the Management
Agreement between the DBA and the City. The Management Agreement was
renewed this year and will not expire until December 31, 2008. The DBA uses BID
revenues to implement the Work Program defined in the BID Advisory Board’s
Annual Report (the “Report”). The 2006 Report is attached for review (Attachment City of Culver City, California
City Council Agenda Item Report
No. 2). The DBA’s responsibilities are fully described in the Management
Agreement, which is attached for review (Attachment No. 4).
Staff has identified the following issues that require discussion: protest of the
proposed assessment, appointment of BID Advisory Board members, and 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 2006 were:
1) Andrew Weissman - Attorney at Law/Business Owner
2) Kamaren Henson - Wonderful World of Animation/Property Owner
3) Greg Reiner - The Actor’s Gang/Business Representative
4) Jim Rodriques - Santa Maria BBQ/Business Owner
5) Gerald Weiner - Attorney/Business Owner
The DBA recommends the following BID Advisory Board Members for 2007:
1) Ken Chernus – Property Owner
2) Debbie Weiss - Property Owner
3) Heidi Fahringer - Business Owner
4) Stu Freeman – Property Owner
5) Andrew Weissman - Business Owner
6) Gerald Weiner - AttorneyCity of Culver City, California
City Council Agenda Item Report
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 City Treasurer’s Office 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.
FISCAL ANALYSIS:
In 2007 the BID assessment total is estimated to be approximately $126,367, which
will be used to fund maintenance management ($61,200), advocacy and
Administration ($53,800), and communication and image-enhancement expenses
($11,000).
At the City Council meeting of November 13, 2006, the City Council did comment on
the subject of delinquent assessments as a shortfall in revenue would impact the
Bid’s ability to fully implement its work program. The BID will work with BID
members to encourage prompt and timely payment of assessments (both current
and prior years). Additionally, staff will work cooperatively with the BID should
additional encouragement be necessary.
ATTACHMENTS:
1. November 13, 2006 City Council Agenda Item Report;
2. 2007 Annual Work Program and Budget (Approved by the Council on
November 13, 2006);
3. BID Advisory Board Recommendations 2007;
4. Management Agreement;
5. DBA Quarterly Reports;
6. Internal Revenue Service tax-exempt certification;
7. DBA Certificate of General Liability Insurance; and
8. Resolution to levy the proposed assessment.
MOTION:
(IF THERE IS NOT A MAJORITY PROTEST) THAT THE CITY COUNCIL:City of Culver City, California
City Council Agenda Item Report
1. Adopt a resolution to levy the proposed 2007 BID assessment; and
2. Appoint Ken Chernus, Debbie Weiss, Heidi Fahringer, Stu Freeman, Andrew
Weissman, and Gerald Weiner to the DBA BID Advisory Board;
OR, (I F THERE IS A MAJORITY PROTEST) THAT THE CITY COUNCIL:
1. 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.
MEETING DATE: 12/11/06
AGENDA ITEM: Public Hearing to Consider Continuation of the
Downtown Business Improvement District,
ATTACHMENTS
Pages
1. Staff Report 11/13/06 Consideration of DBA BID 1-7
Work Program and Budget (Approved by Council 11/13/06)
2. 2007 BID Work Program and Budget 8-11
3. BID Advisory Board Recommendations 2007 12
4. Management Agreement 13-23
5. DBA quarterly financial statements 24-31
6. Internal Revenue Service tax-exempt certification 32-33
7. DBA Certificate of General Liability Insurance 34-35
8. Resolution to Levy the Proposed Assessment 36-38City of Culver City, California
City Council Agenda Item Report
Meeting Date: 11/13/06 Item Number: A-3
AGENDA ITEM: Consideration of the Downtown Culver City Business
Improvement District Advisory Committee's Annual Work Program and Budget
for the Continuation of the Downtown Business Improvement District.
Contact Person/Dept.: Glenn Heald Phone Number: (310) 253-5752
Fiscal Impact: Yes [] No [X] General Fund: Yes B No I] .
Public Hearing: 0 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 (11/02/06); published in the Culver City News (11102106 & 11/09/06); Master
Notification List (11/09/06).
Department Approval:
Susan Evans (11/01/2006)
City Manager Approval:
Jerry B. Fulwood (11/08/2006)
Approval: -City-Carl-troller
Marlee Chang (11/07/2006)
RECOMMENDATION:
"Council") approve the Downtown Culver
Advisory Committee's annual Work
and adopt a Resolution of Intention to
2006 for the continuation of the Culver
to levy assessments on themselves
and public events; decoration of public
installation or maintenance of specific
businesses to be more self reliant,
City of Culver City (the "City") and Culver
Downtown Business Association (the
Agreement between the DBA and the
the DBA to maintain tax-exempt
maintain one million dollars of General
reports and budget updates to the
progress toward completing their
documents, insurance and quarterly
Nos. 4, 5, 6 and 7).
Staff recommends the City Council (the
City Business Improvement District ("BID")
Program and Budget for 2007 (the "Report"),
conduct a public hearing on December 11,
City Downtown BID.
BACKGROUND:
A BID provides a mechanism for businesses
for the promotion of business activities
places; and the acquisition, construction,
improvements. The BID allows Downtown
which reduces their dependency on the
City Redevelopment Agency (the "Agency").
The BID Work Program is managed by the
"DBA") in accordance with a Management
City. The Management Agreement requires
status with the Internal Revenue Service,
Liability insurance, and submit quarterly
Community Development Director describing
approved work program. The DBA's Tax
reports are attached for your information (AttachmentCity 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 2007. Upon completion of the public hearing, which has been
tentatively scheduled for December 11, 2006, 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:
The following section describes BID accomplishments and delinquencies in 2006,
and proposed BID activities and the BID assessment in 2007.
BID Accomplishments in 2006
In 2006, the DBA used their assessments to fund the following:
2006 ACCOMPLISHMENTS
MARKETING/EVENTS
• Production of second annual Culver City Car Show in partnership with The
Exchange Club.City of Culver City, California
City Council Agenda Item Report
• Continuing expansion of Website with additional features including "Downtown
Lowdown" email newsletter, expanded Calendar and personalized feature boxes
with photos on Downtown businesses.
• Sponsorship of Summer Sunset Music Festival and promotional table at each
concert.
DESIGN/IMPROVEMENTS
• Replacement and maintenance of Culver Boulevard decorative tree lights in
response to termination of previous Agency contract.
• Replacement and refurbishment of all Holiday street ornaments.
• Meetings with Agency on implementation of Outdoor Directory project and initiation
of graphic, fabrication and lighting design.
ADMINISTRATION
• Contract with Urban Place Consulting Group for services as Interim Executive
Director in order to carry out day to day Administrative responsibilities.
• Rental of office and purchase of office equipment for greater staff efficiency and
Downtown physical presence.
• Supplemental payment to Executive Director in addition to Agency grant and total
payment assumed upon sunset of grant funding.
• Retained Urban Place Consulting services for research and feasibility study for
possible Property Business Improvement District (PBID) creation to replace current
BID and increase services to District through increased funding.
BID Delinquencies in 2006
During 2006, there were 123 businesses subject to the BID assessment. Of these,
the assessment was collected from 101 businesses (81.81%). The total amount
collected was approximately $46,119. The remaining 22 businesses are
delinquent. If payment is not received after a final notice, a claim will be forwarded
to the City Attorney's Office and will be sent to small claims court.
BID Activities in 2007
In October the BID Advisory Committee filed the proposed 2007 Work Program
and Budget (Attachment No. 6) with the City Clerk. The Advisory Board proposes
the following activities within their Work Program for 2007:City of Culver City, California
City Council Agenda Item Report
MAINTENANCE
• Implementing a sidewalk maintenance program:
o Personnel to sweep litter, debris and refuse from sidewalks, alleys
(paseos) and gutters of the District.
o Power wash sidewalks within the District on a regular schedule
throughout the year.
• Graffiti and handbill removal program:
o Graffiti is removed by painting, using solvent and pressure washing.
o Paper signs and handbills will also be removed by hand or when
necessary by pressure washing.
• Landscape Program:
o Weed Abatement in planters and sidewalks
o Trash and debris will be removed from planting areas
o Limited Plant Replacement program, plants will be replaced within
limited budget.
o All green spaces to be watered and maintained on a regular basis.
COMMUNICATION/IMAGE
• Continuing a program of branding and promoting Downtown businesses and
community activities in the media.
• Continuing to develop marketing partnerships with established and new
downtown business
• Continued upgrading of website with greater services, information and linkage
provided.
• Replacement and maintenance of year round Culver Blvd. decorative tree
lights.
• Continuing maintenance of previously purchased Holiday ornaments
ADVOCACY & ADMINISTRATION
• Proactive communication with City on violations of existing codes in relation to
aesthetics and safety of facades and streetscape.City of Culver City, California
City Council Agenda Item Report
• Coordination between City Sanitation Division and businesses to improve
current district dumpster/trash problems. Work to include increasing the
quantity of dumpsters as well as improving the maintenance of trash
compactors and dumpsters. Additionally, a program to provide more frequent
emptying of dumpsters and trash receptacles will be developed.
• Actively 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 Culver
Card, Holiday Tree Lighting and other programs deemed important to the
success of downtown.
• Day to day management of maintenance and communication programs
• Interacting with the City to insure timely assessment billing and payment
The Downtown Business Advisory Committee adopted this report on Monday,
October 16, 2006, in a publicly noticed meeting. During this meeting staff had the
opportunity to ask questions and discuss how the various activities could be
implemented and funded without duplicating either the City/Agency or DBA's
efforts.
BID Assessment in 2007
The proposed activities will primarily be funded through the assessment, which
applies to Downtown businesses as follows:
Business Type City Business License Code Annual BID Fee
TYPE A
Retail 1-1000 sq. ft. 036-144, 396,
Retail 1001-2500 sq. ft.
399, 402 $300
$500
Retail 2501-5000 sq. ft. $750
Retail > 5000 sq. ft. $1000
Hotel 456,480 $1500
Restaurant 0-50 seats 390, 654-690 $1000
Restaurant 51 -1 00 seats $1500
Restaurant > 100 seats $2000
Computer Graphics & Computer Services 152, 200 $500
Martial Arts Studio, Health Studios, Hair Salon
0-25,000 sq. ft. 744,276 $500
>25,000 sq. ft. $1000City of Culver City, California
City Council Agenda Item Report
TYPE B
Theaters
858 $2 per seat
Live Performance
858 $1 per seat
TYPE C
All others, not listed
$300
TYPE D
Banking Institutions 0-7500 sq. ft. 342 $1000
Banking Institutions > 7500 sq. ft
$1500
Film Studios
490, 498 $1000
Recording Studios
554 $1000
Utilities
$1000
Hospitals > 20,000 sq. ft. 780 $2000
Hospitals and Clinics <20,000 sq. ft.
$1000
TYPE E
Commercial Rentals 432
<5,000
$1000
5,001-15,000
$1500
15,001-25,000
$2000
25,001-35,000
$2500
Over 35,000
$3000
FISCAL ANALYSIS:
The BID's quarterly financial statements for 2006 are attached for your information.
_These financial„statements describe activities undertaken and funds expended
during their fiscal year.
As previously stated, funds from the 2007 BID assessment will be used for
business enhancement, design and design activity and other items in accordance
with the Law. During 2007, the BID anticipates assessment revenues of $121,367
and carry-over funds in the amount of $5,000. The DBA now funds the salary of
the Executive Director (this was previously subsidized by the Agency).
The fiscal impact to the City for the approval of the BID Annual Work Program is
the cost related to staff time associated with this process.City of Culver City, California
City Council Agenda item Report
ATTACHMENTS:
1. Resolution of Intention;
2. 2007 BID Work Program and Budget;
3. Internal Revenue Service tax-exempt certification;
4. DBA Certificate of General Liability Insurance;
5. Summary of 2006 4th Quarter Accounts Payable; and
6. DBA quarterly financial statements.
MOTION:
That_the City Council:
1. Approve the 2007 BID Advisory Committee's Annual Work Program and
Budget as filed with the City Clerk; and
2. Approve the Resolution of Intention to set December 11, 2006, as the date for a
public hearing to consider the continuation of the Downtown Culver City
Business Improvement District. Business Type City Business License Code Annual BID Fee
TYPEA
Retail 1-1000 sq. ft.
_ •
0-3
SO JO $300 Retail 1001-2500 sq. ft. $500
Retail 2501-5000 sq. ft. $750
Retail > 5000 sq. ft. $1000
Hotel 456, 480 $1500
Restaurant 0-50 seats 390, 654-690 $1000
Restaurant 51-100 seats $1500
Restaurant > 100 seats $2000
Computer Graphics & Computer Services 152, 200 $500
Martial Arts Studio, Health Studios, Hair Salon
--------25;000--sq. ft. 144, 276 $500
> 25,000 sq. ft. $1000
TYPE B
Theaters 858 $2 per seat
Live Performance 858? $1 per seat
TYPE C
All others, not listed $300
TYPE D
Banking InstiNtions 0-7500 sq. ft $1000
Banking Institutions >7500 sq. ft $1500
Film Studios 490, 498 $1000
Recording Studios 554 $1000
Utilities
$1000
Hospitais > 20,000 sq. ft. 780
$2000
Hospitals and Clinics < 20,000 sq. ft
$1000
TYPE E
Commercial Rentals 432
<5,000
$1000
5,001-15,000
$1500
15,001-25,000
$2000
25,001-35,000
$2500
Downtown Culver City-Business Improvement District-
Report of Proposed Year 2007 Work Program and Budget
The Downtown Culver City Business Improvement District Advisory Committee ("Advisory
Committee") is pleased to present its Proposed Year 2007 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 changes to the assessment schedule as follows:3
Over 35,000 $3000
The OCCBID's activities and estimated costs for the coming year are set forth in Exhibit "B"
Proposed year 2007 Work Program Budget. All funds collected are used for the BID activities to
implement the "Downtown Culver City 4 Points Program", modeled after the "Main Streets 4
Points Program".
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.The Advisory Board proposes the following Work Program for 2007:
MAINTENANCE
• implementing a sidewalk maintenance program:
o Personnel to sweep litter, debris and refuse from sidewalks, alleys (paseos)
and gutters of the District
o Power wash sidewalks within the District on a regular schedule throughout
the year.
• Graffiti and handbill removal program:
O Graffiti is removed by painting, using solvent and pressure washing.
O Paper signs and handbills will also be removed by hand or when necessary by
pressure washing.
• Landscape Program:
O Weed Abatement in planters and sidewalks
o Trash and debris will be removed from planting areas
o Limited Plant Replacement program, plants will be replaced within limited budget
u AH-green-spae,es4e-be-watered-and-rriai-ritaine_d_m_a_rPol flar his
COMMUNICATION/IMAGE
• Continuing a program of branding and promoting Downtown businesses and community
activities in the media.
• Continuing to develop marketing partnerships with established and new downtown
business
•—Continued_upgrading_of web_site with greater services, information and linkage provided.
Rifplacement and maintenance of year round Culver Blvd. decorative tree lights.
• Continuing maintenance of previously purchased Holiday ornaments
ADVOCACY & ADMINISTRATION
? Proactive communication with City on violations of existing codes in relation to aesthetics
and safety of facades and streetscape.
Coordination between City Sanitation Division and businesses to improve the district
dumpstOr/trash issue. Work to include increasing the quantity of dumpsters as well as
improving the maintenance of trash compactors and dumpsters. Additionally, a program
to provide more frequent emptying of dumpsters and trash receptacles will be developed.
• Actively 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 Culver Card, Holiday
Tree Lighting and other programs deemed important to the success of downtown.
• Day to day management of maintenance and communication programs
• Interacting with the City to insure timely assessment billing and payment
4Exhibit B
Downtown Culver City-Business improvement District
Proposed Year 2007 Work Program and Budget
Revenue
2007 BID Assessment Fees
$121,367
Carry Forward from 2006 Assessments
$ 5,000
Total Revenue $126,367
Expenses
Maintenance Management
Sidewalk Sweep $19,200
Landscaping $15,000
Sidewalk Pressure Washing $12,000
Special Projects $15,000
Total Maintenance Management $61,200
Advocacy/Administration
Professional Fees $ 1,800
Insurance $ 2,100
Tax, Dues, Permits $ 100
Office Rent $ 0
Telephone $ 500
Postage $ 500
Office supplies $ 800
Management $48,000
Total Administration $53,800
Total Communication/Image $11,000
Total Expenses $126,000
8NkzLA-\ v‘2(A-- -4; s
BID ADVISORY BOARD RECOMMENDATIONS-2007
KEN CHERNUS/PROPERTY OWNER
DEBBIE WE1SS/PROPERTY OWNER
HEIDI FAHRINGER/BUSINESS OWNER
STU FREEMAN/PROPERTY OWNERS
ANDREW N. VVEISSMAN/BUSINESS OWNER
GERALD WEINER/ATTORNEY
V2goae)--( 04(
14
0_co_oc
tA
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
e sown own u ver i y :usiness mprovemen
115 nc ereina er
"District"), pursuant to Section 36500 et seg. of the California Streets and
Highways Code (hereinafter "Act"), by and through the adoption of
Ordinance No. 2000-026 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 assessment 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 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:
Section 1. TERM OF AGREEMENT
1.1
This Agreement shall be effective from January 1. 2007, through
December 31, 2008, unless terminated sooner pursuant to the terms
Page 1
sPage 2
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, the 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, 2007, 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 October 1, 2007, submit a report outlining the project plans,
goals and budget for the ensuing fiscal year, January 1 to
December 31, 2008, including all documentation, as required by
Section 36533 of the Act, as well as all other pertinent provisions of
the Act, as amended.
2.2.4 By March 30, 2007, CCDBA shall submit to the Community
Development Director a statement of income and expense ofCCDBA covering the period from January 1 to December 31, 2006,
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
inctud- e harding 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 Directors 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.
2.5.2 Special Events and Activities
Page 3
ccPage 4
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
Treasurer on a quarterly basis, commencing April 1, 2007.
Section 3. CITY RESPONSIBILITIES3.1 The City shall be responsible for mailing billings, for collecting the
assessment and for authorizing disbursements of funds collected to
CCDBA.
3.1.1 Refunds and Adjustments
The City Treasurer 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 the fiscal year ending
on December 31, 2007, 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.
3.2 The Community Development Director shall review CCDBA's quarterly
reports.
3.3 City Treasurer 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 Treasurer's Office 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.
3.6 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
Page 5
1:(4.1 An amount proportionate to the total amount collected shall be disbursed
to the CCDBA by the City Treasurer's Office, not to exceed the total
budget as approved by the City Council, less one 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 Treasurer.
42 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 specifying. 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 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
Office of the Community Development Director
Attention: Community Development Director
P.O-. Box 507
Culver City, CA 90232-0507
CCDBA:
Downtown Culver City Business Association
Attention: President
P.O. Box 1322
Culver City, CA 90232
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
Page 6Page 7
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 or 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
Director 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 Action
CCDBA 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. AMENDMENTS10.1 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
I ti Without limiting its obligations pursuant to Section 12 of this Agreement,
CCDBA shall submit proof of Comprehensive General Liability insurance
of minimum One Million Dollars ($1,000,000) single limit coverage, or
statutorily required amounts, whichever is greater. Proof of insurance
shall consist ot 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 or 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.
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 of 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.
Page 8Page 9
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. WAIVER
17.1 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.Page 10
Section 19. GOVERNING LAW/COMPLIANCE WITH LAWS
19.1 The Agreement shall be governed by, and construed in accordance
independent with, the laws of the State of California. The parties hereto
agree to be found 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 11
IN 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
ATTEST:
C E RI<
By
Christopher Armenta
City Clerk
By Gary Silbiger
Mayor
Date
Andrew Weissman
President
Date Vice-Pre ent or Secretary
Date /-/ // dr /41 6" 50,008.03
50,008.03
9,007.00
9 9 9
10,500.00
12.00
19.99
1,450.00
1,460.00
1,491.99
120.00
12,111.99
21,118.99
28,889.04
28,889.04
.14-\--crAs-v4NNea
CC Downtown BID
Profit & Loss
January through March 2006
Jan - Mar 06
c
Ordinary Income/Expense
Income
4000Incorne
4010 - Bid Income
4080 • Reimbursed Expenses
4081 - Contract Labor
41,000.00
9,007.00
Total 4080 • Reimbursed Expenses 9,007.00
4090' Miscellaneous Income
4091 Interest income
1.03
Total 4090 Miscellaneous Income
1.03
Total 4000 - Income
Total Income
Expense
BID Establishment
Void
8000 Administration Expense
8012- Contract Labor
8400 Office Expenses
8420 • Sank Service Charges
8470 • Office Supplies
8480 Rent
8482 - Office Rent
Total 8480 • Rent
Total 8400 Office Expenses
8450 - Parking
Total 8000 • Administration Expense
Total Expense
Net Ordinary Income
Net IncomeCC Downtown BID
Balance Sheet
As of March 31, 2006
ASSETS
Current Assets
Checking/Savings
1000 - Cash
1030 • BID Account2 - Bank of the West
1090- Petty Cash
1000 - Cash - Other
Total 1000 • Cash
Total Checking/Savings
Accounts Receivable
1200 - Accounts Receivable
Total Accounts Receivable
Total Current Assets
Fixed Assets
Mar 31, 06
41,848.60
200.00
1.82
42,050.42
42,050.42
9,007.00
9,007.00
51,057.42
1701 Furniture & Fixtures
646.09
1702 - Computer Equipment
1,603.03
Total 1700 • Fixed Asset
2,249.12
Total Fixed Assets
2,249.12
TOTAL ASSETS
53,306.54
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
2000 • Accounts Payable 730.00
Total Accounts Payable 730.00
Total Current Liabilities 730.00
Total Liabilities 730.00
Equity
3000 - Opening Balance Equity
5,867.79
3100 • Retained Earnings
17,819.71
Net Income
28,889.04
Total Equity
52,576.54
TOTAL LIABILITIES & EQUITY 53,306.54
cLcCC Downtown BID
Profit 8. , Lass
April through June 2006
Apr Jun 06
Ordinary Income/Expense
Income
4000-income-
4080 Reimbursed Expenses
4081 - Contract Labor
Total 4080 • Reimbursed Expenses
4090 Miscellaneous Income
4091 interest income
Total 4090 Miscellaneous Income
Total 4000 • Income
Total Income
Expense
5000 • Marketing and Promotion Expense
5200 Promotional Events
5216 - Summer Sunset
5200 • Promotional Events - Other
1,563.80
1,563.80
9.54
9.54
1,573.34
1,573.34
0.00
2,500.00
Total 5200 Promotional Events 2,500.00
Total 5000 • Marketing and Promotion Expense 2,500.00
8000 • Administration Expense
8012 • Contract Labor 12,063.80
8200 Insurance 770.00
8400 - Office Expenses
8480 • Rent
8482 - Office Rent 730.00
Total 8480 • Rent 730.00
Total 8400 • Office Expenses 730.00
8450 - Parking
180.00
8700 • Taxes
8710 • Franchise Tax Board
Total 8700 - Taxes
10.00
Total 8000 • Administration Expense
13,753.80
Total Expense
16,253.80
Net Ordinary Income
-14,680.46
Net Income
-14,680A6
10.00CC Downtown BID
Balance Sheet
As of June 30, 2006
ASSETS
Current Assets
Checkihg/Savings
1000 Cash
1030 - BID Account2 - Bank of the West
1090 Petty Cash
1000 Cash - Other
Total 1000 - Cash
Total Checking/Savings
Accounts Receivable
1200 Accounts Receivable
Total Accounts Receivable
Total Current Assets
Jun 30, 06
33,881.34
200.00
1.82
34,083.16
34,083.16
1,563.80
1,563.130
35,646.96
Fixed Assets
1700 Fixed Asset
1701 - Furniture & Fixtures 646.09
1702 Computer Equipment 1,603.03
Total 1700 • Fixed Asset 2,249:12
Total Fixed Assets 2,249.12
TOTAL ASSETS 37,896.08
LIABILITIES & EQUITY
Equity
3000 • Opening Balance Equity 5,867.79
3100- Retained Earnings 17,819.71
Net Income 14,208.58
Total Equity
37,896.08
TOTAL LIABILITIES & EQUITY 37,896.08CC Downtown BID
Profit & Loss
July through September 2006
Jul-Sep 06
Ordinary Income!Expense
Income
4000—Income
4090 • Miscellaneous Income
4091 - Interest income
Total 4090 • Miscellaneous Income
6.86
Total 4000 • Income
6.86
Total Income
6.86
Expense
5000 - Marketing and Promotion Expense
5200 • Promotional Events
5214- Car Show
0.00
Total 5200- Promotional Events 0.00
5400 • Webs ite
5411 • Website Maintenance 1,010,00
6.86
Total 5400 Website 1,010.00
Total 5000 • Marketing and Promotion Expense 1,010.00
8000 - Administration Expense
8012 • Contract Labor 10,500.00
8400 • Office Expenses
8430- Postage and Delivery 89.10
8470 • Office Supplies 82.23
8480 • Rent
8482- Office Rent 1,460.00
8480 • Rent - Other 0.00
Total 8480 • Rent 1,460.00
Total 8400 Office Expenses
8450 • Parking
8500 - Professional Fees
Total 8000 - Administration Expense
Total Expense
Net Ordinary Income
Net Income
1,631.33
180.00
20.00
12,331.33
13,341.33
-13,334.47
-13,334A7CC Downtown BID
Balance Sheet
As of September 30, 2006
Sep 30, 06
ASSETS
Current Assets
-Checking/Savings
1000 Cash
1030 • BID Account2 Bank of the West 19,710.67
1090 • Petty Cash 200.00
1000 Cash - Other 1.82
Total 1000 - Cash 19,912.49
Total Checking/Savings 19,912.49
Total Current Assets 19,912.49
Fixed Assets
1700 • Fixed Asset
1701 Furniture & Fixtures 646.09
1702- Computer Equipment 1,603.03
Total 1700 - Fixed Asset 2,249.12
Total Fixed Assets 2,249.12
TOTAL ASSETS 22,161.61
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
2000 • Accounts Payable -2,400.00
Total Accounts Payable -2,400.00
Total Current Liabilities -2,400.00
Total Liabilities -2,400.00
Equity
3000 • Opening Balance Equity 5,867.79
3100- Retained Earnings 17,819.71
Net Income 874.11
Total Equity
24,561.61
TOTAL LIABILITIES & EQUITY 22,161.61
LtCC Downtown BID
AIR Aging Summary
As of October 2, 2006
Current 1 -30 31 - 60 61 -90 > 90 TOTAL
TOTAL 0.00 0.00
0.00 0.00
0.00 0.00CC Downtown BID
Ail' Aging Summary
As of October 25, 2006
Current 1 - 30 31 - 60 61 - 00 > 90 TOTAL
The Larkin Group 0.00 0.00 0.00 0.00 -2,400.00 -2,400.00
TOTAL 0.00 0.00 0.00 0.00 -2A0000 -2,400.00Z511 PAS= CF . = 75W-ill= I
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530 273 853 alc|109| p . 2
CULVCIT-01 HEPE
ACORD
MI
CERTIFICATE OF LIABILITY INSURANCE
DATE (NIMIDEVYYYY)
10/26(2006
PRODUCER (530) 273-7213
A cordia of California Insurance Services, Inc.
CA DOI LIG #0352275
P0 Box 1106
Grass Valley, CA 95945-4701
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Culver City Downtown Business Assoc.
P.O. Box 1322
Culver City, CA 90232-
INSURER A: U.S.L.I
INSURER B:
INSURER C.:
--
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR
THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
UR
ADD-LI
NSRO TYPE OF INSURANCE
POLICY women
POLICY EFFECTIVE
DATE IMMMDtyn
POLICY EXPIRATION
DATE !IMMO/TY).
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE S
DAMAGE 70 RENTED
PREMISES (Ea occurence, S
r---1
1 CLAIMS MADE I I OCCUR
MED OCE (Arty one person) $
PERSONAL & ADV INJURY S
GENERAL AGGREGATE
GEM. AGGREGATE LIMITAPPLIES PER:
PRODUCTS - COMP/OP AGO S
—I —I FR° LOU POLICY
COMBINED SINGLE LIMIT
(Ea accident)
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
schEou LED AUTOS
HIREDAUTOS
NON-OWNED AUTOS
BODILY INJURY
(Per persarq
$
BODILY INJURY
(Per accident)
s
PROPERTY DAM AGE
(Per acciden()
GARAGE LIABILITY
AMY AUTO
AUTO ONLY- EAACCIDENT $
III
EA AGC
OTHER THAN
$
AUTO ONLY. AGG
EXCESSAIMB RELLA LIABILITY
EACH OCCURRENCE $
OCCUR I CLAIMS MADE
AGGREGATE
DEDUCTIBLE
RETENTION S
S
WORKERS COMPENSATION AND
EMPLOYERS' LLABIUTY
ANY PROPRIETORIPARINERADECUTIVE
OFFICER/MEADER EtCLUDEDr?
It yes, describe under
SPECIAL PROVISIONS bektyr
OTH-
1 TORY umn's t__
1 WC STATU- 1 ER ...,.
EL EACH ACCIDENT $
EL DISEASE EA EMPLOYEE $
EL DISEASE - POLICY LIMIT $
A
OTHER
Directors & Officers N001036688D 912712006
912712007 ciaiins Blade ' $1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES! EXCLUSIONS ADDED By ENDORSEMENT (SPECIAL PROVISIONS
•Proof of Insurance Only*
10 days' notice for nonpayment of premium
CERTIFICATE HOLDER
CANCELLATION
City of Culver City
9770 Culver Blvd.
Culver City, CA 90232-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT; BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, Rs AGENTS OR
AMR ID 9c 120n1 torn
pTEI
R SENTATIVES.
A ' IZED REPRE TATIVE 0/4
..f.„- ,-- ....
i
ACORI1 CORPORATION iRBTHIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
FRaiaucER 31V-322-1301 COMPANY BINDER I
E.L.M. INSURANCE BROKERS, INC. United Slates Liability ins. CO. 17925
P.O. BOX 266B
1990 E. GRAND AVE STE 210 CA UC 0D2570S
DATE
EFFECTIVE TIME DATE Um/MITCH TIME
X
1Z-01 AM EL SEGUNDO CA 913245-1768 7V- I-
PHONE: 310-3224301
FAX: 310-322-1302
SEP 27 06 12:01
/
PM NOV 27 06 NOON
CODE
7-6Excv -
MSS
SilSIMSES.De
INSURED
CULVER CITY DOWNTOWN BUSINESS
ASSOCIATION
P.O. BOX 1322
CULVER CITY CA 90232
OSSCRIPTION' OF OPERATICIILSNEHICLES/PROPERTY (IncludIre Laotian)
BUSINESS ASSOCIATION
NDCY1C36,6138D
SUB CODE|1010| THIS BINDER IS ISSUED TO EXTEND COVERAGE IN 1115 ABOVE NAMED COMPANY
PER EXPIRING POLICY*
ACORD
INSURANCE BINDER
1 DATE INE/DIXTY)
OCT 10 06
NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE
007247T
ACORD CORPORATION 1993
ACORD 75-S (2001101)
ATTENTION: f
530 273 6539 P- 4
Oct 26 06 04:33p Peg gu Hernandez
COVERAGES
LIMITS
TYPE OF INSURANCE COVRIAGEFORIIIS DEDUCTIBLE COINS % AMOUNT
PROPERTY
CAUSES OF LOSS
BASIC I 'BROM) }SPEC
NOT INCLUDED
GENERAL LIADRXTY
COMMERCIAL GEMERAZ LIABILITY
NON PROFIT DIRECTORS & OFFICERS LIABILITY
SUBJECT TO A SO PER CLAIM DEDUCTIBLE
FULL PRIOR ACTS
EACH
°ccUIIIIENcE s 1,000,000
DAMAGE TO RENTED PREMISES
INOT INCLUDED
X 1
-ABAS WADE ri wain. MEDICAL ID2'ENSE (ATV cm FEITson) SNOT INCLUDED
NON PROFIT D&O
PiERSONAL a ADv INJURY
WOT INCLUDED
RETRO DATE FOR GAMS MADE.
-GNELA6GREl,u E
$— — — UR WW110
' PRODUCTS -COMPIOP ADD :NOT INCLUDED
AUTOMOBILE LIABILITY
NOT INCLUDED
•
COMBINED SINGLE LIMIT $
ANY AUTO
BOOLY INJURY(Per person)
_
AU. CANNED AUTOS
]
SCI•IEDULED AUTOS
HIRED AUTOS
i NON-OWNED AUTOS
BODILY INJURY IPar =Want)|1010|PROPERTY DAMAGE
—
MEDICAL PAYMENTS
PERSONAL INJURY- PROT
UNINSURED MOTORIST
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLLISION:
ALL VEHICLES L . SCHEDULED VFJUCLES
NOT INCLUDED
ACTUAL CASH VALUE
STARED AMOUNT
OTHER THAN COW
OTHEFt
GARAGE LIABILITY
ANY AUTO
NOT INCLUDED
AUTO ONLY- EAACCIDENT
1 OTHERTHANAUTO ONLY:
F
EACH ACCIDENT S
AGGREGATE 3
/EXCESS UADILTTY
UMBRELLA FORM
OTHER TI-IAN UMBRELLA FORM
NOT INCLUDED
RETRO DATE FOR CLAIMS MADE
EACH OCCURENCE $
!
AGGREGATE $
SELF-BLSURED RETENTION
.
WORKER'S COMPENSATION
AND
EMPLOYERS LABILITY
NOT INCLUDED
-
WC STA1VTORYUMrrS
EL EACH ACCIDENT
EL DISEASE -EACH EMPLOYEE S
E.1 DISEAse - PoucY tem- 1
aPEcIAL SUBJECT TO CARRIER'S TIMELY RECEIPT OF THE PREMIUM /U
CONDITIONS/
OTHER
COVERAGES
FEES 3
TAXES $
ESTIMATED TOTAL PREMIUM
NAME & ADDRESSWHEREAS, the Parking and Business Improvement Area Law of 1989
(California Streets and Highway Code, sections 36500 et seq. (the "Act") authorizes cities
to establish parking and business improvement areas for the purpose of imposin
assessments on businesses for certain purposes; and
WHEREAS, the City established by Ordinance No. 98-011 the Downtown
Culver City Business Improvement District (the "District"); and
WHEREAS, on November 13, 2006, the City approved the District's Annual
Report (work program and budget), prepared by the Culver City Business Improvement|101010101010101010 10
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RESOLUTION NO. 2006-R085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING TO
CONSIDER CONTINUATION OF THE DOWNTOWN
CULVER CITY BUSINESS IMPROVEMENT DISTRICT ON
DECEMBER 11, 2006.
District Advisory Committee; and
WHEREAS, businesses in the District have requested the City Council to
reauthorize continuation of the District for the year 2007.
NOW, THEREFORETthe City-Council- of-the City - of Culver City - DOES-
HEREBY RESOLVE as follows:
1. Pursuant to the provisions of the Act, the City Council declares its
intent to consider the continuation for the year 2007 of a Parking and Business
Improvement Area named the Downtown Culver City Business Improvement District.
2. The proposed boundaries of the District are set forth in Exhibit "A,"
which is attached hereto and incorporated herein by reference, and are the same as those
-1- 2006-R0851|1010101010101010 10|contained in Ordinance No. 2000-027, which replaced Ordinance No. 98-011 (ordinance
that established the District).
3. The improvements and activities proposed for the District shall be
funded by the levy of assessments on businesses within the District boundaries and may
include, but are not limited to, the following:
a. General promotion of business activities within the District;
b. Promotion of public events which benefit businesses in the
District and which take place on or in public places within the District;
c. Decoration of any public place within the District; and
d. Acquisition, construction, installation or maintenance of
improvements identified in section 36510 of the Act.
4. The City Council intends to levy assessments on businesses located
within the boundaries of the District, in the amounts and on the business classifications set
forth in Exhibit "B," which is attached hereto and incorporated by reference as though fully
set forth herein. The levy assessments are set forth in Ordinance No. 2000-027.
5. Except where funds are otherwise available, an assessment to pay for
all specified improvements and activities within the District will be used to fund the activities
and improvements shown on Exhibit "C," attached hereto and incorporated herein, which
are also described in the Report to the City Council on file with the City Clerk that was
prepared by the Culver City Downtown Business Association.
6. Businesses commenced during the year following the renewal of the
District shall not be exempt from such assessments, but shall be assessed the appropriate
amounts as listed on Exhibit "B" in a prorated format based upon the number of whole
months remaining in the assessment period.
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-2- 2006-R085RY SI IGER, MAYO
City of C ver City, Calif la
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk
AD6-00676
01_ A. SCHWAB, City Attorney
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7. The City Council shall hold a public hearing on the 11th day of
December 2006, at 7:00 p.m., or as soon thereafter as this matter may be heard, in the
Council Chambers at 9770 Culver Boulevard, Culver City, California.
8. The City Clerk shall certify to the passage of this Resolution and
cause the same to be published once in a daily newspaper of general circulation in the
Culver City area, not less than seven days before the hearing.
APPROVED and ADOPTED this 13th day of November 2006.
-3- 2006-R085