Los Angeles City Council, Journal/Council Proceeding
Wednesday, May 13, 2015
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 11:15 AM

SPECIAL COUNCIL MEETING



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(32)14-0943
14-0943

COMMUNICATION FROM THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of the Los Angeles Tourism Marketing District (District).

 

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

 

  1. FIND that:

    1. The proposed District is eligible for establishment pursuant to Section 36600 et seq. of the California Streets and Highways Code.

    2. The assessments for the proposed business based District are not taxes and that the District qualifies for exemption from Proposition 26 under exemption 1 of Article XIII C §1 (e).

    3. The petitions submitted on behalf of the proponents of the proposed District are signed by lodging business owners who will pay more than fifty (50) percent of the assessments proposed to be levied.

    4. The marketing of this District is a specific benefit for the lodging businesses with 50 rooms or more and exceeds the level of services provided by the City.

    5. The assessment dollars are used in a manner that creates a clear and direct link between the marketing service provided and the benefit to the assessed lodging business.

    6. No business other than the assessed lodging business will benefit from the assessment funded attendant marketing services and programs.

    7. The assessment imposed does not exceed the reasonable cost to the local government of conferring the benefit.

    8. In accordance with State Law and based on the facts and conclusions contained in the Management District Plan, the assessment levied on each lodging business shall not be used to provide improvements or activities outside the District or for any other purpose other than those described in the Management District Plan and does not exceed the reasonable cost of the proportional specific benefit conferred on that lodging business.

    9. All lodging business with 50 rooms or more that will have a specific benefit conferred upon them by the improvements and activities provided and upon which an assessment would be imposed are those as identified in the Management District Plan and Engineer's Report.

    10. In accordance with State Law, the benefits and services provided by the District to lodging businesses with fifty (50) rooms or more within established Business Improvement District (BIDs) in the City of Los Angeles are separate and distinct from the benefits provided by other BIDs.

    11. The City Clerk, or its designee, will collect the assessments.

    12. The City Clerk, or designee, shall be allowed to review or audit the financial records of the owners' association and all lodging businesses as necessary to ensure accurate collection and expenditure of the assessments.

    13. The proposed improvements and activities are completely separate from the day-to-day operations of the City of Los Angeles.

  2. ADOPT the Preliminary Report of the City Clerk, attached to Council file No. (C.F.) 14-0943.

  3. ADOPT the attached Management District Plan, attached to C.F. No. 14-0943.

  4. ADOPT the attached Engineer's Report, attached to C.F. No. 14-0943.

  5. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the Los Angeles Tourism Marketing District.

  6. DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the California Government Code, Section 54954.6.

  7. AUTHORIZE the City Clerk to release a Request For Proposals for auditing services; and, enter into a contract with the selected vendors and execute individual Task Orders as needed for auditing purposes of the hotels and other BIDs in an aggregate amount not to exceed $172,000 for a three-year period.

  8. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling ordinance establishing the District for City Council consideration at the conclusion of the required public hearing.

  9. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and the Los Angeles Tourism Marketing District Corporation for the administration of the District's programs.

Fiscal Impact Statement:  The City Clerk reports that there are no City-owned lodging businesses within the boundaries of the proposed District to be assessed and therefore no impact on the General Fund.

 

Community Impact Statement:  None submitted.

 

(Economic Development Committee waived consideration of the above matter)

 

 

MEETING CANCELLED, CONTINUED ITEM TO MAY 15, 2015

 

 

ITEM NO.(33)15-0578
15-0578

COMMUNICATION FROM THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of the South Park II Business Improvement District (District).

 

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

 

  1. FIND that:

    1. The petitions submitted on behalf of the propoents of the proposed District are signed by property owners who will pay more than fifty (50) percent of the assesssments proposed to be levied.

    2. All parcels included in the District 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.

    4. In accordance with Article XIIID of the California Constitution, all assessments are supported by the Engineer's Report, 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 Engineer's Report, the assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements act 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 Engineer's Report, the Engineer has separated the general from special benefits. The Engineer's Report identified general benefits in the amount of 1.2 percent to be separated from the special benefits conferred on parcels within the proposed District. The yearly general benefits cost must be paid from funds other than the assessments collected for the District. The general benefit cost for first year of operation is $5,432.00.

    7. Clear and convincing evidence exists to exempt some publicly-owned parcels from assessment.

    8. The assessments for the proposed District are not taxes and that the District qualifies for exemption from Proposition 26 under Exemption 7 of Article XIIIC §1 (e).
    9.        
    10. The services provided by the Owners' Association are in the nature of professional, expert, 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. APPROVE the South Park Stakeholders Group, Inc. to serve as the Owners' Association to administer the District if it is renewed.

  3. ADOPT the Preliminary Report of the City Clerk, attached to Council file No. (C.F.) 15-0578.

  4. ADOPT the attached Management District Plan, attached to C.F. No. 15-0578.

  5. ADOPT the attached Engineer's Report, attached to C.F. No. 15-0578.

  6. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the District.

  7. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and South Park Stakeholders Group, Inc., a non-profit corporation, for the administration of the District's programs.

  8. AUTHORIZE the Controller, upon establishment of the District, to establish a special trust fund within FMS entitled South Park II Business Improvement District and assign a new revenue source code, if needed, to this special fund. The related Council file number is 15-0578.

  9. 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.).

  10. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling ordinance establishing the District for Council consideration at the conclusion of the required public hearing.

Fiscal Impact Statement:  The City Clerk reports that funding for assessments levied on the City-owned properties within the District were included in the General Fund allocation to the 2015-16 BID Trust Fund 659.

 

Proposition 218 requires the separation of general benefits from the special benefits. The general benefit portion for the District is $5,432 for the first year. However, funds other than assessment revenue must be budgeted annually for the general benefit expense for the remaining years of the District's two-year term.

 

Community Impact Statement:  None submitted.

 

(Economic Development Committee waived consideration of the above matter)

 

 

MEETING CANCELLED, CONTINUED ITEM TO MAY 15, 2015

 

 

 

ITEM NO.(34)14-0040
14-0040

COMMUNICATION FROM THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of the Gateway to L.A. Property-based Business Improvement District (District).

 

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

 

  1. FIND that:

    1. The petitions submitted on behalf of the proponents of the proposed District are signed by property owners who will pay more than fifty (50) percent of the assessments proposed to be levied.

    2. All parcels included in the District will receive a special benefrt 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.

    4. In accordance with Article XIIID of the California Constitution all assessments are supported by the Engineer's Report, 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, the assessment levied on each parcel within the proposed District is proportionate to the special benefrt 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, the Engineer has separated the general from special benefits. The Engineer's Report identified general benefits in the amount of 1.25 percent of the Direct Programs costs to be separated from the special benefits conferred on parcels within the proposed District. The yearly general benefits cost must be paid from funds other than the assessments collected for the District. The general benefit cost for first year of operation is $5,209.00.

    7. No publicly owned parcel is exempt from assessment.

    8. The assessments for the proposed District are not taxes and that the District qualifies for exemption from Proposition 26 under exemption 7 of Article XIIIC §1 (e).

    9. 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.

    10. The proposed improvements and activities are completely separate from the day to day operations of the City.

  2. ADOPT the Preliminary Report of the City Clerk, attached to Council file No. (C.F.) 14-0040.

  3. ADOPT the attached Management District Plan, attached to C.F. No. 14-0040.

  4. ADOPT the attached Engineer's Report, attached to C.F. No. 14-0040.

  5. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the District.

  6. 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.).

  7. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and Gateway to L.A., Inc., a non-profit corporation, for the administration of the District's programs.

  8. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the District for Council consideration at the conclusion of the required public hearing.

  9. APPROVE Gateway to L.A., Inc. to serve as the Owners' Association to administer the District if it is renewed.

Fiscal Impact Statement:  The City Clerk reports that Proposition 218 requires the separation of general benefits from the special benefits. The general benefit portion for the District is $5,209 for the first year. However, funds other than assessment revenue must be budgeted annually for the general benefit expense for the remaining years of the District's ten-year term.

 

Community Impact Statement:  None submitted.

 

(Economic Development Committee waived consideration of the above matter)

 

 

MEETING CANCELLED, CONTINUED ITEM TO MAY 15, 2015