HEARING COMMENTS and RESOLUTON pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) relative to the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of financing the acquisition and construction of a multifamily housing facility to be located at 3000 Leeward Avenue.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. HOLD a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 regarding the issuance of one or more series of revenue bonds in an aggregate amount not to exceed $40,000,000 on behalf of Brookmore Apartment Corporation for the purpose of financing the acquisition and construction of a 230 unit multifamily rental housing facility for seniors to be located at 3000 Leeward Avenue.  
   
   

2. ADOPT the accompanying RESOLUTION approving the issuance of one or more series of revenue bonds in an aggregate amount not to exceed $40,000,000 on behalf of Brookmore Apartment Corporation for the purpose of financing the acquisition and construction of a 230 unit multifamily rental housing facility for seniors to be located at 3000 Leeward Avenue.

(Scheduled pursuant to Council action of September 14, 2016)

ECONOMIC DEVELOPMENT COMMITTEE REPORT and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the establishment of the Venice Beach Business Improvement District (BID).

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. REAFFIRM City Council's action of August 24, 2016 to FIND that:
   
   
   1. The petitions submitted on behalf of the proponents of the proposed Venice Beach BID are signed by property owners who will pay more than 50 percent of the assessments proposed to be levied.
      
      
   2. All parcels included in the BID will receive a special benefit from the improvements and activities that are to be provided.
      
      
   3. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan, attached to the Council file.
      
      
   4. In accordance with Article XIIID of the California Constitution all assessments are supported by the Engineer’s Report, attached to the Council file, prepared by a registered professional engineer certified by the State of California.
      
      
   5. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer’s Report, attached to the Council file, the assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
      
      
   6. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer’s Report, attached to the Council file, the Engineer has separated the general from special benefits and as such, the Engineer's Report identified general benefits in the amount of 1.0 percent to be separated from the Venice Beach BID special benefits conferred on parcels within the proposed BID and that the yearly general benefits cost must be paid from funds other than the assessments collected for the Venice Beach BID and that the general benefit cost for first year of operation is $18,711.
      
      
   7. The City shall pay the assessment levied on seven State-owned parcels within the BID, which the City controls and for which it holds a long-term agreement and that the special benefit cost for the first year of operation is $37,308.23.
      
      
   8. Clear and convincing evidence exists to exempt some publicly owned parcels from assessment.
      
      
   9. The assessments for the proposed District are not taxes and that the BID qualifies for exemption from Proposition 26 under exemption 7 of Article XIIIC, Section 1(e).
      
      
   10. The services provided by the Owners’ Association are in the nature of professional, expert, technical or other special services, that the services are of a temporary and occasional character, and that the use of competitive bidding would be impractical, not advantageous, undesirable or where the common law otherwise excuses compliance with competitive bidding requirements.
       
       
   11. The proposed improvements and activities are completely separate from the day to day operations of the City of Los Angeles.
       
       
2. REAFFIRM City Council's August 24, 2016 action to APPROVE the Venice Beach Property Owners’ Association to serve as the Owners’ Association to administer the Venice Beach BID if the District is renewed.
          
3. REAFFIRM City Council's August 24, 2016 action to ADOPT the following documents, attached to the Council file:
   
   
   1. June 24, 2016 City Clerk report
      
      
   2. Management District Plan
      
      
   3. Engineer's report
      
      
4. PRESENT and ADOPT the accompanying ORDINANCE dated September 2, 2016 to repeal the Ordinance of Intention (Ordinance No. 184382) and Ordinance of Establishment adopted on August 24, 2016; and adopt a new Ordinance of Intention to establish and levy assessments in a Property and BID to be known as the Venice Beach Business Improvement District pursuant to the Provisions of the Property and Business Improvement District Law of 1994 (Division 18, Part 7, Streets and Highways Code, State of California).
   
   
5. REAFFIRM City Council's August 24, 2016 action to AUTHORIZE the City Clerk to prepare, execute and administer a contract between the City of Los Angeles and Venice Beach Property Owner's Association, a non-profit corporation, for the administration of the BID's programs.
   
   
6. REAFFIRM City Council's August 24, 2016 action to AUTHORIZE the Controller, upon establishment of the BID, to establish a special trust fund with the Financial Management System entitled Venice Beach BID and assign a new revenue source code, if needed, for this special fund. 
   
   
7. REAFFIRM City Council's August 24, 2016 action to AUTHORIZE the Controller to transfer $482,623.91 from the Fiscal Year (FY) 2017 Unappropriated Balance to the FY 2017 Business Improvement District Trust Fund No. 659.
   
   
8. REAFFIRM City Council's August 24, 2016 action to DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
   
   
9. REAFFIRM City Council's August 24, 2016 action to REQUEST the City Attorney, with the assistance of the City Clerk, to prepare and present an enabling Ordinance establishing the Venice Beach BID for Council consideration at the conclusion of the required public hearing.
   
   
10. REAFFIRM City Council's August 24, 2016 action to REQUEST the Department of Recreation and Parks and the Board of Public Works designate a liaison to coordinate with the City Clerk and prepare a baseline services agreement for the proposed Venice Beach BID.

Fiscal Impact Statement:  The City Clerk reports that  funding for assessments levied on the City-owned properties within the BID and for the general benefit, as described below, were included in the Unappropriated Balance for FY 2017.  Proposition 218 requires the separation of general benefits from the special benefits.  The general benefit portion for the Venice Beach BID is $18,711 for the first year.  However, funds other than assessment revenue must be budgeted annually for the general benefit expense, and each year thereafter for the remaining years of the BID'S five-year term.

Community Impact Statement:  None submitted.

CONSIDERATION OF MOTION (PRICE - BUSCAINO) relative to City services for the Academy of Television Arts and Sciences to hold the 68th Primetime Emmy Awards at the Microsoft Theater.

Recommendations for Council action:

1. APPROVE the amount of $110,000 for City services for the Academy of Television Arts and Sciences to hold the 68th Primetime Emmy Awards at the Microsoft Theater.
   
   
2. AUTHORIZE the City Administrative Officer (CAO) and Chief Legislative Analyst to negotiate and execute a contract between the City and the Academy of Television Arts and Sciences to hold the Primetime Emmy Awards in the City of Los Angeles.
   
   
3. AUTHORIZE the CAO to administer the contract between the City and the Academy of Television Arts and Sciences.
   
   

Community Impact Statement:  None submitted.

(Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee waived consideration of the above matter)

ATTEST:  Holly L. Wolcott, CITY CLERK

By

          Council Clerk                                    PRESIDENT OF THE CITY COUNCIL