Title
Public Hearing to Consider Adoption of Resolution Confirming the Webster Street Business Improvement Area Assessment Report for Fiscal Year 2022-23 and Levying an Annual Assessment on the Webster Street Business Improvement Area. (Community Development 24061810)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The Alameda City Council will be holding a public hearing to levy an annual assessment on the businesses within the Webster Street Business Improvement Area (BIA), which is managed on behalf of the City of Alameda (City) by the West Alameda Business Association (WABA). The public hearing allows business owners in the BIA an opportunity to comment on or protest the proposed assessment.
On April 19, 2022, the City Council adopted a resolution declaring its intention to set the proposed Fiscal Year (FY) 2022-23 BIA levy at the same level as the FY 2021-22 levy.
Staff is requesting that the City Council hold a public hearing and adopt a resolution to confirm the West Alameda BIA’s annual report and to levy the annual BIA assessment, with no annual Consumer Price Index (CPI) adjustment, for FY 2022-23.
BACKGROUND
In 1989, following the Parking and Business Improvement Area Law of 1979 in the California Streets and Highway Code, the City Council established regulations for BIAs in the Park Street and Webster Street commercial areas. This report is for the Webster Street BIA, which is managed by WABA.
The BIA is funded from fees collected by the City from all businesses within the business district. The pooling of resources improves the business district as a whole and directly benefits business owners through the general promotion of business activities and public events, beautification and ambiance, construction and maintenance of parking facilities, and special projects benefiting the business area.
State law and the Alameda Municipal Code (AMC) require the City Council to work in collaboration with a BIA advisory board. The board prepares an annual report and provides recommendations to the City Council on the proposed expenditures of BIA revenues for its geographic area. The AMC also requires an annual review by the City Council and a yearly consideration of the assessment.
On April 19, 2022, the City Council approved WABA’s annual assessment report for FY 2022-23, with its projected activities, budget (Exhibit 1). WABA has requested, due to the financial hardship presented to its members by the pandemic that there not be an annual CPI adjustment to the assessment fees.
The City Council also received the BIA Assessment Fee Schedule (with not CPI adjustment as requested), BIA Boundary Map, and the BIA Address list (Exhibits 2, 3, and 4). Lastly, the City Council adopted a Resolution of Intention to Levy an Annual Assessment on the Webster Street BIA and set a public hearing for May 3, 2022.
DISCUSSION
Per the AMC, each year the BIA assessment has an automatic CPI increase based on the San Francisco CPI. This year’s CPI of 4.2 percent would raise the minimum retail business annual fee by $14.00, to $350.00. WABA has requested, due to the financial hardship presented to its membership by the pandemic that there not be an annual CPI adjustment to the assessment fees.
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. City Council adopted the Resolution of Intent to Levy an Assessment at its April 20 meeting. Notice of the May 4, 2021 public hearing was advertised in the Alameda Sun on April 21, 2022. 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 next step to levy the annual assessment is to hold the public hearing, which allows affected parties a final opportunity to comment on the proposed assessment. The FY 2022-23 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 19, 2022 meeting, it may choose to modify the assessment report-including changes to the proposed activities-based on the public comments it receives at the May 3, 2022 public hearing. According the AMC, Section 6-7.13(b):
During the course or upon the conclusion of the public hearing, the City Council may order changes in any of the matters provided in the report, including changes in the proposed assessments.
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 2022-23.
Staff is requesting that the City Council hold a public hearing and adopt a resolution to confirm the West Alameda BIA’s annual report and to levy the annual BIA assessment, with no annual CPI adjustment, for FY 2022-23.
ALTERNATIVES
• The City Council may adopt a resolution to confirm the West Alameda BIA annual report and to levy the annual BIA assessment, with no annual CPI adjustment, for FY 2022-23.
• The City Council may decide to levy the annual BIA assessment, with the 4.2 percent annual CPI, adjustment for FY 2022-23.
• The City Council may order changes in other matters provided in the annual report, such as proposed activities to be funded with BIA revenues, per AMC Section 6-7.13(b).
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 is in the form of Finance Department staff costs to process BIA billing and expenditures, estimated to be approximately $7,500 annually ($2,250 for WABA and $5,250 for DABA) and included in the Business License Program Budget (10024056).
Community Development Department staff estimates it costs $18,700 annually to support and to participate in monthly WABA and DABA board meetings and subcommittee meetings. This staffing cost has been absorbed within existing staff workloads to provide indirect financial support to the Area.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The annual renewal of the BIA supports the goals of the Economic Development Strategic Plan (EDSP) through continued operation of the business association consistent with AMC Sec. 6-7 et seq.
EDSP Strategy 4 states: “the City of Alameda’s role is to continue to support existing shopping and dining districts by working with private property owners and business associations to improve retail spaces and the public realm.”
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).
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Hold a Public Hearing and adopt a Resolution Confirming the Webster Street BIA Report for FY 2022-23 and Levying an Annual Assessment, with no annual CPI adjustment, on the Webster Street BIA.
Respectfully submitted,
Lisa Maxwell, Community Development Director
By:
Eric Fonstein
Development Manager
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Assessment Report for the Webster Street Business Improvement Area
2. BIA Assessment Fee Schedule FY 2022-23
3. BIA Boundaries Map
4. BIA Address List
cc: Gerry Beaudin, Interim City Manager
West Alameda Business Association