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HomeMy WebLinkAbout55D - DOWNTOWN SA BUSINESS IMPROVEMENT DISTRICT 2005 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 17, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2005 ANNUAL REPORT AND 2006 BUDGET A / / & / /l2 . / .--//' / . . ,(L,,! j. ;" l..C~._- __ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve the 2005 Annual Report and the 2006 Budget for the Downtown Santa Ana Business Improvement District. 2. Adopt a resolution of intention to levy an annual assessment for calendar year 2006 and establish a time and place for a public hearing to be held by the City Council on November 21, 2005. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION 1. Found that the 2005-2006 Downtown Santa Ana Business Improvement District Annual Report complies with the California Streets and Highways Code and approved the 2005-2006 Annual Report. 2. Directed the Executive Director of the Community Development Agency to file a 2005-2006 Annual Report with the City Clerk for City Council approval or modification. By a vote of 4:0 (Betancourt absent) at its Regular Meeting of October 4, 2005. DISCUSSION On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36000 of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC is responsible for making recommendations to the City Council on 550-1 Downtown Santa Ana Business Improvement District 2005 Annual Report and 2006 Budget October 17, 2005 Page 2 the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget) . The 2005 Annual Report and proposed budget for 2006 (Exhibit 1) have been developed in collaboration between the Downtown Santa Ana Business Council, La Calle Cuatro de Santa Ana Association, and the Fiesta Market Place Promotions Committee (Associations). Based on the feedback from the Associations, the 2006 BID budget focuses on three key areas: (1) continued promotions and marketing of the BID; (2) maintenance services that equitably cover all the streets in the BID area; and (3) Implementation of the Capital Improvement Project for streetscape improvements along Fourth Street. The estimated contribution from the 2006 BID budget for items 1 and 2 is $212,000 and for item 3 is $352,500. The Downtown Santa Ana Business Council, La Calle Cuatro de Santa Ana Association, and the Fiesta Market Place Promotions Committee have all indicated support of the proposed 2006 budget. The 2005 Annual Report contains the basis and method of levying the assessment, an estimated cost of providing the improvements and activities and the amount of surplus revenue carried over. In order to comply with State law, the City Council must approve the annual report and budget as well as conduct a public hearing prior to levying the annual assessment. FISCAL IMPACT There is no fiscal impact associated with this action. We/#~ patricia C. Whitaker Executive Director Community Development Agency PCW/WRM/mlr H:\ACTIONS\2005 CC\DTSABID2005AnnRep&2006Bdgt - lO-17-05.doc 550-2 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2005 ANNUAL REPORT OCTOBER 17,2005 PREPARED By: COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION EXHIB IT 1 550-3 2005 ANNUAL REPORT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT Background The Downtown Santa Ana Business Improvement District (BID) was established in February 1984 by the Santa Ana City Council as a means of providing the Downtown business community with funding for promoting the area, increasing security, enhancing maintenance and implementing physical improvements. The Community Redevelopment and Housing Commission (CRHC) of the City of Santa Ana, as the BID Advisory Board, is responsible for the preparation and administration of the BID's budget and annual report, its promotional and marketing programs, security and maintenance plans, and physical improvement projects. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service and professional members (see Attachment A). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volume of the business (see Attachment B). Summary of Improvements and Activities The three representative Downtown associations (Downtown Santa Ana Business Council, La Calle Cuatro De Santa Ana Association, and the Fiesta Market Place Promotions Committee) hosted a variety of major community events and promotions during 2005, they included: . Cinco De Mayo Celebration . July 4th Celebration · Fiesta Patrias Califomia/El Grito Celebration . The Latino Film Festival On October 6, 2003, the Santa Ana City Council appointed the CRHC as the Downtown Santa Ana BID Advisory Committee. As the BID Advisory Committee, CRHC is responsible for recommending an annual budget by early October 2005 and other policies pertaining to the BID. Working through the Community Development staff, the three Downtown associations developed the 2006 BID budget. One of the items discussed with the Downtown associations was the BID Consultant. The 2005 BID budget allowed $15,000 for hiring a BID Consultant to review and analyze the structure of the BID. After a formal request for proposal process and interviews, representatives of the Downtown and City staff selected New City America, Inc. of EXHIBIT 1 550-4 San Diego, California to perform a potential two-phase project. The initial work preformed by New City America, Inc. will include the following tasks: 1. Meet with staff on the strengths and weaknesses of the existing BID and review the ordinance, revenue generation and annual budget; 2. Meet with the various stakeholder groups and determine the level of support and popularity of the existing district; and 3. Write a report on the findings of the existing BID and make recommendations for action. This initial phase will review the feasibility of versus a "Property" based BID the existing "Merchant" based BID structure. 2006 Budget Plan Based on the feedback from the Associations, the 2006 BID budget focuses on three key areas: (l) continued promotions and marketing of the BID; (2) maintenance services that equitably cover all the streets in the BID area; and (3) implementation of the Capital Improvement Project for streetscape improvements along 4th Street (Attachment C). The estimated contribution from the 2006 BID budget for items 1 and 2 is $212,000 and item 3 would be $352,500. EXHIBIT 1 550-5 ~ c::::2: LLI cc:: -=:s: I- :z: LLI :E LLI :::- c:::> a: a... :E - CJ:) CJ:) u.l :z: - CJ:) = = c::::2: :z: c::t: c::t: I- ::z: c::t: CJ:) ::z: ;: c:,:) I- Z s: c:,:) Q " ;;:t){ ~;:~\~ "l~JJ;. I " u{ r.ii[J'~ ..... ~ .............. in mm. H:MiIU · LfCfODDDOIT i ODD oDd ODD] DIOUi ..........~:y~ D w~Q'tOlla IT ~ IIi ~~ ~.. H~1l19 IT; ~~;'l ~ ~.~.3... 11. ~~~ i · ~ . O +. "" i!': · +. ~ g; : t +. e · ~ ~ . ~ : ~ . . . ~ ~ : . ~~ . ~ .. . . . .. . .. . .. . ., . ., . .. ~ rlS _ ~liOl~'1d\l" . 1Ill. 111 1111I1111 aIllIUUU' III r:A ... ~ .... <.:> ~D n i m ml @ o t! ~ 8 u ~ B .,; ~ o D; o @ > '" <c ~ .... V> ~ a ll'lI^OH __I ) 133m l._...._.........._......._ ) c_________ -, ( 550-6 Attachment B 2006 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District, classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one-quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses with the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. EXHIBIT 1 550-7 Attachment C - Page 1 of 2 F~EVISED 9-20-05 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT BUDGET 2006 Revenues Bid Tax - City of Sana Ana Operating Fund Carryover - 2003 Capital Improvement Funds $160,000.001 $67,500.00 $0.00 Total Operating Revenue $227,500.00 Expenses Maintenance & Lighting Enhancement Sidewalk SteamcIeaning Maintenance Promotions La Calle Quartro Santa Ana Downtown Business Council Decoration Install / Storage - Christmas Conferences Subscriptions $30,000.002 $20,000.003 $162,000.00 $84,240 Total Operating Expenses $77,760 $10,000.00 $5,000.00 $500.00 $227,500.00 TOTAL OPERATING FUND $0.00 Capital Improvement Revenue Capital Improvement - Carryover - 2005 Operating Fund Carryover 2005 Total Capital Improvement Revenue $300,000.00 $52,500.00 $352,500.00 Capital Improvement Expenses Capital Improvement - Phase II Streetscape Project Capital Improvement - Special Projects Total Capital Improvement Expenses $300,000.004 $52,500.00 $352,500.00 TOTAL CAPITAL FUND $0.00 Estimated 100% assessment amount. Amount subject to change. Amount covers the cost for one additional full-time team member to the Ambassador Team This team member will enhance the current crew as well as work on special cleaning projects in the BID area 3 2005 budgeted amount of $110,000 encumbered for the period 11-2005 through 10-2006 EXHlB IT 1 550-8 Attachment C, Page 2 of 2 which covers cleaning all streets in BID that are not cleaned by City Contract $20,000 budged for 2006 covers the period of 11-2006 & 12-2006 and special c1eanings that may be needed. 4 Budgeted amount is BID's share of Downtown Streets cape Project Phase II that breaks down as follows: $300,000 BID funds $300.000 City funds $600,000 Total Project Amount EXHIBIT 1 550-9 (MJV, 10/11/05) RESOLUTION NO. 2005-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. By Ordinance No. NS-1715, adopted February 6, 1989, the City Council of the City of Santa Ana established the Downtown Santa Ana Business Improvement Area pursuant to sections 36500 et seq. of the California Streets and Highways Code. B. Since the adoption of said ordinance, the City Council has levied an assessment in the following amounts for the improvements and activities of the Downtown Santa Ana Business Improvement Area: 1 . For amusement services, pawnbrokers, service stations, retail sales of goods, hotels, motels, theaters, food establishments: an assessment in an amount equal to one and one-half (1.5) the annual business license fee. 2. For commercial and residential rental property: an assessment in an amount equal to one-fourth (0.25) the annual business license fee. 3. For all other businesses: an assessment in an amount equal to the annual business fee. Section 3. The City Council presently intends to continue said assessment in the same amounts during the year 2006. Section 4. The improvements and activities for which the assessment revenues may be used in the Downtown Santa Ana Business Improvement Area pursuant to Ordinance No. NS-1715 are as follows: A. Decoration of any public place. 550-10 B. Promotion of public events. C. Furnishing of music in any public place. D. The general promotion of business activities. Section 5. The Downtown Santa Ana Business Improvement Area is located as shown on Attachment A, attached hereto and incorporated herein. Section 6. A report is on file with the Clerk of the Council to which reference may be made for a full and detailed description of the improvements and activities to be provided for the year 2006, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2006. Section 7. A public hearing shall be held by the City Council at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California at its regular meeting of November 21,2005 at 6:00 p.m. or as soon thereafter as the matter may be heard, for the purpose of determining whether to impose the above said assessment for the year 2006 for the improvements and activities described in the report. Section 8. At the public hearing, written and oral protests may be made in accordance with sections 36524 and 36525 of the California Streets and Highways Code. The City Council shall hear and consider all protests. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the Clerk of the Council at or before the time fixed for the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business. If a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. Section 9. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 550-11 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members ,2005. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-100 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 550-12 .~ c:::::c LUi cc:: c:::::c t- Z u.J, :e:. LLI ::::- C) = ,0...;. :E -- (I';) u;). LLI == ......... en =- or.:=- c::c 2 c:::::c c::c .... z c::c en z s: C) l- ::2: s: <<:::) Q \ u~o f7~"li ..... ~ .............. in Du OJ D [J ... ... \:i t:rr:ro D D D Du i DDDD'oa DDD Doa~ ...............1 D .g- 11 ! lIoal~ us . ,.. . ~ ...!~..),~ ~"f.J$ as . . . . . . ... E u ... :;: <:i . . . . 0 Ot "" .iE ~' ... "" ll: ::> ~ (] Lill ill] t;~ J D CEJ '" 0 g I; :; 8 .,; D ~ D ~ ... ~ t '" ... "" ~ c: ll: $SOll II .R..U...~.~.a= ~ = co "" iE 133!11S \BlAOH -, ( ) [ ) I I I r 550-13 ) 550-14