Laserfiche WebLink
REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />SEPTEMBER 16, 2013 <br />TITLE: <br />AGREEMENT WITH DOWNTOWN INC. AND <br />SANTA ANA BUSINESS COUNCIL FOR 2013 <br />BID ASSESSMENT FUNDS PROGRAMMING <br />f <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 1" Reading <br />? Ordinance on 2nd Reading <br />? Implementing Resolution <br />? Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and the Clerk of the Council to execute the attached Operating <br />Agreements (Exhibits 1 and 2) with Downtown Inc. and the Santa Ana Business Council Inc., <br />respectively for the programming and distribution of the Downtown Santa Ana Business <br />Improvement District (BID) assessment funds for 2013. <br />DISCUSSION <br />At its meeting of July 1, 2013, the City Council conducted a public hearing to consider all protests <br />regarding the intention to levy a 2013 assessment for the Downtown Santa Ana Business <br />Improvement District. Since a majority protest was not received, the City Council adopted a <br />resolution confirming the 2013 Santa Ana Downtown BID Assessment Report and levied the <br />assessment for 2013. In a Settlement and Release Agreement with Downtown Inc., it was <br />agreed upon that should the BID be reactivated, Downtown Inc. would receive 50% of the BID <br />revenues and the remaining 50 percent would be distributed to Santa Ana Business Council Inc. <br />for the promotion and marketing of the Downtown area. To administer these activities, the City <br />will need to execute an Operating Agreement ("Agreement") with each business association. <br />The Agreements contain provisions to ensure proper administration and distribution of the funds. <br />Provisions are included for items such as the annual budget, financial record keeping, fund <br />distribution, and board composition and meeting requirements. One of the requirements of the <br />Agreement is that both organizations must conduct their meetings in accordance with the Ralph <br />M. Brown Act. To comply with this legal provision, City staff will be providing the necessary <br />training to both Downtown Inc. and Santa Ana Business Council Inc.'s Board of Directors. <br />According to the budgets summary in the 2013 BID Assessment Report (Exhibit 3), a majority of <br />the BID funds will be spent on marketing and promotions of the downtown area through special <br />events and advertising. Given that this is the first year of the BID and both organizations have <br />already begun incurring expenses for budgeted events, the Agreement provides for $20,000 in <br />2501-1