File #: 2014-419   
Type: Regular Agenda Item
Body: City Council
On agenda: 5/6/2014
Title: Public Hearing to Consider Adoption of Resolution Confirming the Park Street Business Improvement Area (BIA) Report for FY2014-15 and Levying an Annual Assessment on the Park Street BIA. (Community Development 481001)
Attachments: 1. Exhibit 1 - BIA Assessment Fee Schedule FY 2014-15, 2. Exhibit 2 - BIA Boundaries Map, 3. Exhibit 3 - BIA Address List, 4. Exhibit 4 - Assessment Report for the Park Street Business Improvement Area, 5. Resolution - Park Street BIA, 6. Presentation
Title
 
Public Hearing to Consider Adoption of Resolution Confirming the Park Street Business Improvement Area (BIA) Report for FY2014-15 and Levying an Annual Assessment on the Park Street BIA.  (Community Development 481001)
 
Body
 
To: Honorable Mayor and Members of the City Council
 
From: John A. Russo, City Manager
 
Re: Hold a Public Hearing and Adopt a Resolution Confirming the Park Street Business Improvement Area (BIA) Report for FY2014-15 and Levying an Annual Assessment on the Park Street BIA
 
BACKGROUND
 
In 1989, following the Parking and Business Improvement Area Law in the California Streets and Highways Code, the City Council established regulations for Business Improvement Areas (BIAs) in the Park Street and Webster Street commercial areas.  The City's regulations are codified in the Alameda Municipal Code (AMC), Section 6-7.  This report is for the Park Street BIA, which is managed by the Park Street Business Association (PSBA).  Revenues from the BIA directly benefit business owners in specified geographic zones through the general promotion of business activities and public events, beautification and ambiance, construction and maintenance of parking facilities, and special projects benefitting that business area.  
 
The BIA is funded from fees collected by the City from all businesses within the geographic zones. The Park Street BIA is divided into two areas, Area A and Area B. Businesses in Area A are closer in proximity to the retail core, and pay a slightly higher rate, than businesses in Area B.  The City has not increased assessments since inception of the BIA; however, per the original Ordinance 2435, each year the BIA assessment gets an automatic Consumer Price Index (CPI) increase based on the San Francisco Area CPI. This year's CPI increase of 2.6% raises the minimum retail business annual fee to approximately $286.  
 
On April 1, 2014, the City Council received the BIA Assessment Fee Schedule, BIA Boundary Map, and the BIA Address list (Exhibits 1, 2, and 3) and approved PSBA's annual assessment report for the upcoming fiscal year (FY 2014-15), with its projected activities and budget (Exhibit 4).  The City Council also adopted a Resolution of Intention to Levy an Annual Assessment on the Park Street BIA.  
 
DISCUSSION
 
In developing and adopting its proposed activities and budgets, PSBA held meetings with Park Street business owners.  The meetings were announced through business association invitations, newsletters, and/or personal contact.  These efforts led to the approval of the Park Street BIA budget by members in attendance at these meetings.
 
The annual BIA assessment requires a two-step process.  First, the City Council must approve the annual report and pass a Resolution of Intent to Levy an Assessment and, second, hold a public hearing to levy the assessment.  Notice of the public hearing was advertised in the Alameda Journal on April 25, 2014.  All BIA members were mailed notification of the public hearing, in addition to instructions on how to protest the BIA renewal, should they wish to do so.
 
The public hearing allows affected parties a final opportunity to comment on the proposed assessment.  The FY 2014-15 assessments cannot be levied if protests are received by the owners of businesses in the area which will pay fifty percent (50%) or more of the assessment.  While the City Council approved the assessment report at its April 1 meeting, it may choose to modify the assessment report-including changes to the proposed activities, boundaries, or benefit areas-based on the public comments it receives at the May 6 public hearing.  The City Council can also confirm the report as filed.  After the hearing, the City Council may adopt a Resolution confirming the report as originally filed or as changed.  Adoption of the Resolution will constitute the levy of the assessment for FY 2014-15.  
 
FINANCIAL IMPACT
 
Business Improvement Area billing is done concurrently with Business License billing.  Revenues from the BIA directly benefit business owners in specified geographic and benefit zones through the promotion of business and similar eligible activities.  The primary financial impact to the General Fund will be in the form of Finance Department staff costs to process BIA billing and expenditures, estimated to be approximately $5,000 annually and included in the Business License Program Budget (Fund 001, Program 2450).  This staffing cost has been absorbed within existing staff workloads to provide indirect financial support to the business districts.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
 
The renewal of the BIA supports the goals of the Economic Development Strategic Plan through continued operation of the business association consistent with A.M.C. Sec. 6-7 et seq.
ENVIRONMENTAL REVIEW
 
This action involves government fiscal activities which do not involve commitment to any project which may result in a potentially significant physical impact on the environment and is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15378(b)(4).
RECOMMENDATION
 
Hold a Public Hearing and adopt a Resolution Confirming the Park Street BIA Report for FY 2014-15 and Levying an Annual Assessment on the Park Street BIA.
Respectfully submitted,
Debbie Potter, Community Development Director
 
By,
Eric Fonstein, Development Manager
 
Financial Impact section reviewed,
Fred Marsh, Finance Director
 
Exhibits:  
1.      BIA Assessment Fee Schedule FY 2014-15
2.      BIA Boundaries Map
3.      BIA Address List
4.      Assessment Report for the Park Street Business Improvement Area
 
cc:      Park Street Business Association