06-23-2020 - AGENDA ITEM 01 CONSIDERATION OF A RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR THE AUTO PLAZA BUSINESS IMPROVEMENT DISTRICTAGENDA ITEM NO. 1
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE:June 23, 2020
TO:Mayor and City Council
FROM:David Carmany
City Manager
SUBJECT:CONSIDERATION OF A RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR
THE AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT
RECOMMENDATION:
It is recommended that the City Council:
Approve the Annual Report for the West Covina Auto Plaza Business Improvement District.1.
Adopt the following resolution: 2.
RESOLUTION NO. 2020-67- A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AN
ASSESSMENT WITHIN THE BUSINESS IMPROVEMENT AREA KNOWN AS THE WEST
COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2020-21
AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON.
BACKGROUND:
The Parking and Business Improvement Area Law of 1989 (Streets and Highways Code Section 36500 et
seq.) (PBIA Law) establishes the framework for Business Improvement Districts (BID). The State wanted to make
it possible for groups of businesses to band together and invest in their commercial neighborhoods for the purposes
of revitalization, stability and growth. On June 1, 1993, the City Council adopted Ordinance No. 1923, which
established the West Covina Auto Plaza Business Improvement District (Auto Plaza BID). The City created this
BID at the request of the businesses located in the area. Each year, the City Council holds a noticed public hearing
before deciding to renew the BID for another year.
The assessment revenue is collected from businesses located within the Auto Plaza BID and is used to pay for the
capital costs, operation and maintenance of a LED reader board sign located in the West Covina Auto Plaza,
adjacent to the I-10 freeway, and for the operation and maintenance of the Auto Plaza entry monument sign and
landscaping located at the southeast corner of Azusa Avenue and Garvey Avenue South. Assessment revenue is
also used for landscaping maintenance along the I-10 freeway immediately facing and parallel to the Auto Plaza
dealerships.
On April 19, 1994, the City Council appointed an Advisory Board consisting of the owners (and/or their
representatives) of the auto dealerships located at the Auto Plaza. The function of the Advisory Board is to make
recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the
classification of businesses, and on the method and basis of levying the assessments. Pursuant to the PBIA Law, for
each fiscal year that assessments will be levied, the Advisory Board is required cause a report to be prepared
containing the following: (1) any proposed changes in the boundaries of the BID or in any benefit zones within the
area, (2) the improvements and activities to be provided for that fiscal year, (3) an estimate of the cost of providing
the improvements and the activities for that fiscal year, (4) the method and basis of levying the assessment in
sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or
her business for that fiscal year, (5) the amount of any surplus or deficit revenues to be carried over from a previous
fiscal year, and (6) the amount of any contributions to be made from sources other than assessments levied.
The purpose of this report is to request that the City Council approve the annual report and adopt the resolution of
intention to levy the assessment for FY 2020-21.
DISCUSSION:
On June 9, 2020, the Auto Plaza BID Advisory Board held its annual meeting and approved the Annual Report.
The Annual Report was filed with the City Clerk as required by the PBIA Law. The next step is for the City
Council to approve the report. The City Council may approve the report as filed by the Advisory Board or may
modify any particular contained in the report and approve it as modified. After the City Council approves the
report, it is required to adopt a resolution of intention to levy the annual assessment. The PBIA Law requires that
the resolution of intention contain specified information, including fixing the time and place for the public hearing
to be held regarding the proposed assessment.
The attached resolution sets the date for the required public hearing for July 7, 2020 at 7:00 p.m. At the conclusion
of the public hearing, the City Council may adopt a resolution confirming the Annual Report as originally filed or
as changed by it. Adoption of the resolution constitutes levy of the assessment for the 2020-21 fiscal year.
The Annual Report includes a total budget of $122,326.39, with an assessment of $16,524.00 per dealership site.
The gross estimated annual cost for operating expenditures including programming, maintenance, electricity, and
insurance for the readerboard sign, landscaping, landscape maintenance, taxes and preparation costs, is
$70,202.78. The annual loan repayment is $52,123.61, totaling $122,326.39 in annual expenditures. The Advisory
Board voted to assess themselves $16,524.00 (the same as last year), which would generate $115,668.00 for FY
2020-21. Since the annual expenditures increased, the assessments will not cover the total annual expenditures, with
a deficit of $6,658.39. The Advisory Board elected to utilize a portion of the FY 2019-20 year-end fund balance of
$156,508.36 to cover the deficit and to cover the required six (6) month operating reserve ($35,101.39). An
assessment of $16,524.00 for each of the seven (7) dealership sites in the Auto Plaza BID will be placed on the tax
rolls by the County of Los Angeles Department of Auditor-Controller.
As outlined above, the PBIA Law requires approval of the Annual Report and adoption of a resolution of intention
to initiate proceedings for the FY 2020-21 assessment for the Auto Plaza BID.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
OPTIONS:
The City Council has the following options:
Approve staff’s recommendation; or1.
2. Provide alternative direction.
Prepared by: Gerardo Rojas, Economic Development Project Coordinator
Additional Approval: Paulina Morales, Economic Development & Housing Manager
Additional Approval: Robbeyn Bird, Finance Director
Fiscal Impact
FISCAL IMPACT:
There is no impact to the City's General Fund by adopting the resolution of intention and setting the Public
There is no impact to the City's General Fund by adopting the resolution of intention and setting the Public
Hearing for July 7, 2020. As part of the Annual Report approval by the Auto Plaza BID is the repayment of the
City loan. All costs are covered by assessments collected from the West Covina Auto Plaza Business
Improvement District dealerships. In addition, the Auto Plaza Business Improvement District is charged a
nominal administrative fee for City staff’s time to administer the West Covina Plaza BID and monitor the annual
budget.
Attachments
Attachment No. 1 - Resolution No. 2020-67 (Resolution of Intention)
Attachment No. 2 - Annual Report
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
ATTACHMENT NO. 1
RESOLUTION NO. 2020-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY AN ASSESSMENT WITHIN THE
BUSINESS IMPROVEMENT AREA KNOWN AS THE WEST
COVINA AUTO PLAZA BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING THE
TIME AND PLACE FOR A PUBLIC HEARING THEREON
WHEREAS, in adopting the Parking and Business Improvement Area Law of 1989
(Streets & Highways Code sections 36500 et seq.), the California Legislature authorized cities to
levy assessments on businesses in order to promote economic revitalization and tourism, create
jobs, attract new businesses, and prevent erosion of business districts; and
WHEREAS, on June 1, 1993, the City Council adopted Ordinance No. 1923, which
established the West Covina Auto Plaza Business Improvement District (“District”) for purposes
of levying an assessment within the District to fund the construction, operation and maintenance
of an electronic readerboard to be located adjacent to the I-10 freeway and benefit the West Covina
Auto Plaza dealerships to be assessed. The District was established with one hundred percent
(100%) property owner consent; and
WHEREAS, on April 19, 1994, the City Council appointed the owners and/or their
representatives of the auto dealerships located in the West Covina Auto Plaza as the advisory board
of the District as required by Streets and Highways Code section 36530 (“Advisory Board”); and
WHEREAS, the Advisory Board has caused the annual report for Fiscal Year 2020-21
required by Streets and Highways Code section 36533 to be prepared and filed with the City Clerk;
and
WHEREAS, the City Council has approved said annual report; and
WHEREAS, the City Council proposes to levy and collect assessments within the District
for Fiscal Year 2020-21; and
WHEREAS, this Resolution of Intention will commence proceedings under the Parking
and Business Improvement Area Law of 1989 to levy the annual assessment for the West Covina
Auto Plaza Business Improvement District for the 2020-21 Fiscal Year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Intention; Assessment. The City Council hereby declares its intention to
levy and collect assessments in the West Covina Auto Plaza Business Improvement District for
Fiscal Year 2020-21 pursuant to Streets & Highways Code sections 36500 et seq. The boundaries
of the West Covina Auto Plaza Business Improvement District are set forth in Exhibit A, attached
2
hereto and incorporated herein. The proposed amount of the annual assessment is $16,524.00.
Pursuant to Streets & Highways Code section 36531, new businesses commenced after the
effective date of the resolution levying the assessment will be exempt from the levy of assessment.
SECTION 2. Annual Report. An annual report on the West Covina Auto Plaza Business
Improvement District has been prepared by the Advisory Board, as required by Streets &
Highways Code sections 36533 and 36534. Said report is on file in the City Clerk’s Office.
SECTION 3. Types of Activities to Be Funded. The proposed use of the assessment
revenue collected through the levy of the annual assessment is for financing the operation and
maintenance of an LED readerboard sign located in the West Covina Auto Plaza adjacent to the
San Bernardino Interstate 10 Freeway as well as financing of the operation and maintenance costs
for the entry monument to the Auto Plaza, which includes the sign and landscaping located at the
southwest corner of Azusa Avenue and Garvey Avenue South. The assessment revenue is also
proposed to be used to finance landscape maintenance along Interstate 10 Freeway immediately
facing and parallel to the dealerships located within the West Covina Auto Plaza Business
Improvement District.
SECTION 4. Method and Basis of Levy. The method and basis of levying the assessment
will be pursuant to Ordinance No. 1923, which was adopted by the City Council on June 1, 1993.
SECTION 5. Time and Place of Public Hearing. The time and place of the public hearing
on the levy of an annual assessment for Fiscal Year 2020-21 shall be 7:00 p.m. on July 7, 2020, in
the City Council Chambers located at 1444 W. Garvey Avenue South, West Covina, California.
At the public hearing set forth above, the testimony of all interested persons for or against the
annual levy of the assessment for the West Covina Auto Plaza Business Improvement District, the
extent of the area, and/or the furnishing of specific types of improvements or activities will be
heard by the City Council.
SECTION 6. Protests. Consistent with Streets & Highways Code sections 36524 and
36525, the following rules shall apply to all protests:
(a) A protest may be made orally or in writing by any interested person. Any protest
pertaining to the regularity or sufficiency of the proceedings shall be in writing and
shall clearly set forth the irregularity or defect to which the objection is made.
(b) Every written protest shall be filed with the City Clerk’s Office, West Covina City
Hall, 1444 West Garvey Avenue South, West Covina, California 91790, at or
before the time fixed for the public hearing as set forth above.
(c) The City Council may waive any irregularity in the form or content of any written
protest, and, at the public hearing, may correct minor defects in the proceedings.
(d) A written protest may be withdrawn in writing at any time before the conclusion of
the public hearing.
(e) Each written protest shall contain a description of the business in which the person
subscribing the protest is interested sufficient to identify the business and, if a
person subscribing is not shown on the official records of the City as the owner of
the business, the protest shall contain or be accompanied by written evidence that
3
the person subscribing is the owner of the business. A written protest which does
not comply with this section shall not be counted in determining a majority protest.
(f) If written protests are received from the owners of businesses in the District which
will pay fifty percent (50%) or more of the assessments to be levied and protests
are not withdrawn so as to reduce the protests to less than the fifty percent (50%),
no further proceedings on the proposal to continue to levy the assessment, as
specified by this Resolution, shall be taken by the City Council for a period of one
year from the date of the filing of a majority protest.
(g) If the majority protest is only against the furnishing of a specified type or types of
improvement or activity within the District, those types of improvements or
activities shall be eliminated.
SECTION 7. Additional Information. Any person seeking additional information may
contact Paulina Morales, Economic Development & Housing Manager, 1444 West Garvey Avenue
South, Room 205, West Covina, California 91790; Telephone Number: (626) 939-8417.
SECTION 8. Publication. The City Clerk shall cause this Resolution of Intention to be
published once in a newspaper of general circulation in the City at least seven (7) days before the
July 7, 2020 public hearing.
SECTION 9. Certification; Effective Date. The City Clerk shall certify to the adoption
of this Resolution and shall enter the same in the book of original resolutions and it shall become
effective immediately.
APPROVED AND ADOPTED this 23rd day of June, 2020.
Tony Wu
Mayor
APPROVED AS FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
ATTACHMENT NO. 1
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Resolution No. 2020-67 was duly adopted by the City Council
of the City of West Covina, California, at a special meeting thereof held on the 23rd day of June,
2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
2.27 acres
3
7
8474-007-039, 040
8474-004-047, 048
2.23 acres
Envision Toyota of West Covina
Envision Mercedes BenzEnvision Mercedes Benz of West Covina
Envision Audi of West Covina
Former Clippinger Chevrolet
7New Proposed Benefit Zones Exhibit AFormer DriveTime
Performance Ford
ATTACHMENT NO. 2
WEST COVINA AUTO PLAZA
BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORT
FOR
FISCAL YEAR 2020-2021
1. Any proposed changes in the boundaries of the business improvement district area.
None.
2. The improvements and activities to be provided for Fiscal Year 2020-2021.
Financing the operation and maintenance of an LED readerboard sign located in the West
Covina Auto Plaza adjacent to the San Bernardino Interstate 10 Freeway as well as
financing of the operation and maintenance costs for the entry monument to the Auto
Plaza, which includes the sign and landscaping located at the southwest corner of Azusa
Avenue and Garvey Avenue South. Financing also includes landscape maintenance
along Interstate 10 Freeway immediately facing and parallel to the Auto Plaza
Dealerships.
3. Estimate of the cost of providing the improvements and the activities for Fiscal Year
2020-2021.
Gross estimated annual cost for operating expenditures including programming,
maintenance, electricity, and insurance for the readerboard sign, landscaping, landscape
maintenance, taxes and preparation costs, is $70,202.78. The annual loan repayment is
$52,123.61, totaling $122,326.39 in annual expenditures. The Advisory Board voted to
assess themselves $16,524.00 (the same as last year) which would generate $115,668.00
for FY 2020-21. As the annual expenditures increased, the assessments will not cover the
total annual expenditures with a deficit of $6,658.39. The Advisory Board elected to
utilize a portion of the fund balance of $156,508.36 to cover the deficit of $6,658.39 and
to cover the required six (6) month operating reserve ($35,101.39). An assessment of
$16,524.00 for each of the seven (7) dealership sites in the business improvement district
will be placed on the tax rolls by the County of Los Angeles Department of Auditor-
Controller.
4. Method and basis of levying the assessment for Fiscal Year 2020-2021.
The method and basis of levying the assessment will be pursuant to Ordinance No. 1923,
which was adopted by the City Council on June 1, 1993.
5. Amount of any surplus or deficit revenues to be carried over from Fiscal Year 2019-
2020.
FY 2019-2020 is anticipated to have a surplus of $1,473.76 which will be carried over to
FY 2020-21. The anticipated fund balance starting for FY 2020-21 is $156,508.36. This
includes the six (6) month operating reserve of $35,101.39.
6. Amount of any contributions to be made from sources other than the assessments
levied.
None.
2.27 acres
3
7
8474-007-039, 040
8474-004-047, 048
2.23 acres
Envision Toyota of West Covina
Envision Mercedes BenzEnvision Mercedes Benz of West Covina
Envision Audi of West Covina
Former Clippinger Chevrolet
7New Proposed Benefit Zones Exhibit AFormer DriveTime
Performance Ford
West Covina Auto Plaza
Business Improvement District
2020 - 2021 (July 1 - June 30)
FY 2015-2016 FY 2016-2017 FY 2017-2018 FY 2018-2019
Assessment Among 7 Dealership/Sites
Actual
Assessment Among 7 Dealership/Sites
Actual
Assessment Among 7 Dealership/Sites
Actual
Assessment Among 7 Dealership/Sites
Actual Adopted Budget As of 06/02/20 % Budget Projected
Keeping Assessment
the Same
Fund Balance
Beginning Balance as of July 1 67,404.67$ 88,695.68$ 128,044.05$ 129,556.55$ 139,325.77$ 206,131.17$ 156,508.36$ 156,508.36$
TOTAL Revenues 115,668.00$ 99,115.93$ 115,668.00$ 115,668.00$ TOTAL Expenditures 118,326.40$ 122,326.39$
OPERATING
Operating Revenues
Revenues from Assessments 67,323.18 97,667.93 66,072.17 65,077.34 65,077.34$ 65,077.34$ 100%65,077.34$ 63,544.39$ Interest Income / Other 1,016.24 2,114.78 - - -$ 501.58$ 501.58$ -$
Total Operating Revenues 68,339.42 99,782.71 66,072.17 65,077.34 65,077.34$ 65,578.92$ 101%65,578.92$ 63,544.39$
Operating Expenditures
Professional Services (EMI-Programming*)3,120.00 3,120.00 4,500.00 4,500.00 4,560.00$ 4,125.00$ 90%4,500.00$ 4,560.00$
Other Contractual Services 4,538.02 32,472.18 26,500.00$ Accounting 6,180.00 5,182.68 6,000.00$ 7,805.86$ 130%10,805.86$ 10,000.00$
Project Improvements 5,000.00 3,290.00 5,000.00$ -$ 0%-$ 5,000.00$ Insurance 10,300.00 10,054.00 10,500.00$ 7,026.00$ 67%10,500.00$ 10,500.00$ Other Services 1,000.00 1,000.00$ -$ 0%-$ 1,000.00$ Electricity 14,138.82 10,800.29 10,800.00 14,261.45 12,500.00$ 9,046.93$ 72%11,009.47$ 12,500.00$ Telephone 467.25 2,341.09 720.00 720.00 800.00$ 660.00$ 83%720.00$ 800.00$
Equipment M & R (EMI-Maintenance)11,856.00 11,856.00 10,140.00 10,140.00 10,440.00$ 9,295.00$ 89%10,140.00$ 10,440.00$ Insurance 4,236.00 - - - -$ -$ -$
Project Improvements (Landscape)2,502.36 - - - -$ -$ -$ Admin and Overhead 6,189.96 - 8,000.00 - 8,500.00$ -$ 0%8,500.00$ 8,500.00$ Interest Expense (Sign Repayment)10,233.85 9,433.00 8,936.64 7,929.83$ -$ 0%7,929.83$ 6,902.78$
Total Operating Expenditures 47,048.41 70,823.41 66,073.00 57,084.77 67,229.83$ 37,958.79$ 64,105.16$ 70,202.78$
Operating Reserve 33,614.92 33,614.92$ 35,101.39$
Operating Surplus / (Deficit)21,291.01 28,959.30 (0.83) 7,992.57 (2,152.49)$ 27,620.13$ 1,473.76 (6,658.39)$
NON-OPERATING (Sign Loan)
Non-Operating Revenues
Sign Loan 532,582.00 - - - - - -$ Revenues from Assessments (Sign Repayment)- 47,795.07 49,593.83 50,089.76 51,096.57$ 51,096.57$ 52,123.61$
Total Non-Operating Revenues 532,582.00 47,795.07 49,593.83 50,089.76 51,096.57$ 51,096.57$ 52,123.61$
Non-Operating Expenditures
Sign Purchase - 532,582.00 - - -$ -$ -$
Sign Loan Repayment 49,593.83 50,089.76 51,096.57$ 51,096.57$ 52,123.61$
Total Non-Operating Expenditures - 532,582.00 49,593.83 50,089.76 51,096.57$ 51,096.57$ 52,123.61$
Non-Operating Surplus / (Deficit)532,582.00 (484,786.93) - - - - -
RESERVES
Fund Balance 88,695.68 117,654.98 117,654.15 125,646.72 137,173.28$ 203,978.68$ 156,508.36$ 149,849.97 Fund Balance Minus Operating Reserve 114,748.58
Loan Balance (532,582.00) (484,786.93) (434,371.54) (384,281.78) (306,286.00)$ (306,286.00) (254,162.39)
ASSESSMENT PER DEALER (7)***9,625.00$ 20,943.59$ 20,943.59$ 16,524.00$ 16,524.00$ 16,524.00$
*EMI Agreements expire March 2022** Association meets minimum six month operating reserve fund requirement for FY 2017-18, FY 2018-19 and FY 2019-20, per LED Sign Replacement Loan Agreement
***Assessment changes to 7 dealerships in FY 15-16
2019-2020 (92% of Year Complete)FY 2020-2021