HomeMy WebLinkAbout19F - DOWNTOWN SA BUSINESS IMPROVE DISTRICT ANNUAL RPTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 4, 2009
TITLE:
DOWNTOWN SANTA ANA BUSINESS
IMPROVEMENT DISTRICT 2009 ANNUAL
REPORT AND AGREEMENT WITH DOWNTOWN
INC.
CITY MANAGER
RECOMMENDED ACTION
1. Approve the 2009 annual report.
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
2. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an amended agreement with
Downtown Inc., a non-profit corporation, in the amount of $205,000,
subject to non-substantive changes approved by the City Manager and
City Attorney.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its Regular Meeting of April 21, 2009, by a vote of 5:0, the Community
Redevelopment and Housing Commission recommended that City Council (1)
approve the 2009 annual report and (2) authorize the City Manager and
Clerk of the Council to execute an agreement with Downtown Inc., a non-
profit corporation, in the amount of $205,000, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
On February 6, 1984, the City Council adopted Ordinance No. NS-1715
pursuant to Section 36500 et seq. of the California Streets and Highways
Code, creating a Business Improvement District (BID) in Downtown Santa
Ana. The BID allows the businesses to assess themselves in order to
raise funds for the promotion and improvement of the Downtown area. The
enabling statute calls for an advisory board to make recommendations to
the City Council on the expenditure of revenue derived from assessments,
the classification of businesses, and the method and basis of levying
assessments. The advisory board also has a report prepared which it
files with the Clerk. The report includes the name and boundaries of the
BID, the activities and their cost proposed for the coming year, the
method and basis of levying and collecting the assessments, and basic
19F-1
BID 2009 Annual Report and
Agreement with Downtown, Inc.
May 4, 2009
Page 2
financial information covering such things as prior year surplus or
deficits and non-assessment revenue.
The critical factor behind the success of BIDS is that district
stakeholders control and manage their own programs and budget. In nearly
every BID in California, district stakeholders - those businesses
actually paying into the district - are designated as the advisory board.
Until October 2003, the Downtown Santa Ana Business Association (DSABA)
fulfilled that role. When DSABA wound down its affairs as an active
stakeholder group representing the greater Downtown in general, and the
BID in particular, the Council appointed the Community Redevelopment and
Housing Commission as advisory board to fill the void.
In April, a Business Improvement District service agreement for $25,000
was executed with Downtown Inc. to facilitate the immediate need for
enhanced security and a Mother's Day promotion. A total balance of
$205,000 of carry forward 2007/2008 BID funds remains available to be
programmed for marketing, promotion and other activities of benefit to
the Downtown Santa Ana Business Improvement District.
In order to expend the remaining carry forward funds, an annual report
must be approved by the City Council. It is proposed that the remaining
funds be allocated to Downtown, Inc. for implementation in accordance
with the budget (Exhibit 1). Downtown, Inc. is the newly formed non-
profit corporation that will oversee administration of the Community
Management District which is the funding mechanism enacted in recent
months to replace the BID for Downtown activities and improvements. The
board of Downtown, Inc., in consultation with other stakeholders in the
Downtown, has identified four primary categories for funding: 1) Clean
and Safe; 2) Holiday Decorations; 3) Bicycle Racks; and 4) Promotions and
Marketing. The Clean and Safe funds will be used to enhance security in
the area during late weekend evening hours. This will be accomplished
with a private security company under contract with Downtown, Inc. The
holiday decoration storage, installation and removal and bike rack
installations on Second Street Promenade are outstanding obligations to
be assumed under the proposed contract. The balance of the funds will be
used for marketing and event promotions.
19F-2
BID 2009 Annual Report and
Agreement with Downtown, Inc.
May 4, 2009
Page 3
FISCAL IMPACT
Funds are available in the Downtown Business Improvement District Trust &
Agency Reserve account (no. 093-01-3611).
APPROVED AS TO FUNDS AND ACCOUNTS:
C
Cynthia J. elson
Deputy City Manager for
Development Services
Community Development Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
CJN/NTE/TE/mlr
19F-3
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DOWNTOWN SANTA ANA. BUSINESS IMPROVEMENT DISTRICT
2009 ANNUAL REPORT
Background
The Downtown Santa Ana Business Improvement District (BID) was established in
February 1984 by the 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) is the BID Advisory Board.
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 (Exhibit A).
Method and Basis of Levying Assessments
• 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 as
follows:
The following businesses located within the boundaries of the BID, classified under
City Ordinance NO 1690 as Amusement Services, Pawnbrokers, Service Station
and Classification A including, but not limited to, Retail Sale of Goods, Hotels 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 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 within the boundaries of the proposed BID and a public
hearing held by the City.
• 2009 Assessment Levy
Due to the carryover of unprogrammed funds from 2007 and 2008, there will be no
assessment levied or collected in 2009.
19F-4 EXHIBIT 1
Summary of Activities and Improvements
All programs and activities for the year 2009 can be classified in the following broad
categories:
• "Clean and Safe"
o Supplemental security for weekend nights
o Supplemental maintenance
Events and Promotions
o Holiday celebrations
o Merchant promotions
o Social celebrations
o Seasonal events
o Arts and music
Publicity, Advertising, Marketing, and Outreach
o Newsletters
o Website
o Visitor guides/maps
o General advertising
Physical Amenities
o Street and skyline banners
o Holiday decorations
o Bicycle Racks
• Economic Development
o Business assistance
2009 Budget Plan
Downtown Inc. is a new nonprofit corporation composed of downtown stakeholders
dedicated to downtown economic revitalization. They led the successful effort to form a
Community Management District (CMD), and this group has requested designation as
the recipient/management organization of the CMD funds. Downtown Inc., as the sole
community based organization for downtown, will be the contract agency for the BID
funds. With the onset of the CMD, the BID will be allowed to dissolve. It is anticipated
that this will be the final year of programming utilizing BID funds. Downtown Inc., even
though it is developing new activities and a new approach to revitalization for 2010 and
beyond, intends to use these funds for programs and activities similar to those
implemented over the past few years. Working together, Downtown staff and
stakeholders developed the 2009 Budget.
19F-5
2009 Budget Summary
REVENUE
Prior year operating surplus
$205,000
TOTAL REVENUE $205,000
EXPENDITURES
Overall Downtown "Clean and Safe" programming
Prior Holiday Obligations (Decorations)
Prior Obligation/FFE (Bicycle Racks)
Promotions and Marketing
TOTAL EXPENDITURES
$ 90,000
13,000
5,000
97.000
$205,000
19F-6