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07/06/2021 ITEM NO. 9 - PUBLIC HEARING TO CONSIDER WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2021-2022 ANNUAL REPORT AND ASSESSMENTAGENDA ITEM NO. 9 WEST" ON DATE: July 6, 2021 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: PUBLIC HEARING TO CONSIDER WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2021-2022 ANNUAL REPORT AND ASSESSMENT RECOMMENDATION: It is recommended that the City Council conduct the public hearing and then adopt the following resolution: RESOLUTION NO. 2021-61- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FILED BY THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ANNUAL ASSESSMENT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021-2022 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 item is to request that the City Council conduct the required public hearing and then adopt the resolution to confirm the Advisory Board's annual report as originally filed and levy the assessment for FY 2021-22. DISCUSSION: On May 26, 2021, 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 Annual Report is included as Attachment No. 2 to this report. At the June 15, 2021 City Council meeting, the City Council approved the Annual Report and adopted Resolution 2021-60, declaring the intention to levy the annual assessment and setting the public hearing for July 6, 2021 at 7:00 p.m. in the City Council Chambers. The Annual Report includes a total budget of $124,326.39, 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 $71,155.10. The annual loan repayment is $53,171.29, totaling $124,326.39 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 2021-22. Since the annual expenditures increased, the assessments will not cover the total annual expenditures, with a deficit of $8,658.39. The Advisory Board elected to utilize a portion of the FY 2020-21 year-end fund balance of $106,062.70 to cover the deficit and to cover the required six (6) month operating reserve ($35,577.55). 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. The anticipated year-end fund balance for FY 2020-21 is anticipated to be $106,062.70, which includes the operating reserves. At the conclusion of the hearing, the City Council may order changes in the proposed assessment, the proposed improvements to be funded, and/or the proposed boundaries of the BID. If the Council determines to levy the assessment as proposed, it may adopt the attached resolution (Attachment No. 1), which confirms the Annual Report and levies the assessment for FY 2021-22. Adoption of the resolution places direct assessments on the auto dealers of the West Covina Auto Plaza BID. The BID boundaries are included as Exhibit A to the resolution. 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: 1. Approve staff's recommendation; or 2. Provide alternative direction. ENVIRONMENTAL REVIEW: The proposed item is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of review of the annual report which does not have the potential for causing a significant effect on the environment. Prepared by: Paulina Morales, Assistant City Manager Fiscal Impact FISCAL IMPACT: There is no impact to City funds by adopting the attached resolution that levies the assessment for the Auo Plaza BID. All costs are covered by assessments collected from the West Covina Auto Plaza Business Improvement District dealerships. In addition, the Auto Plaza BID 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. 2021-61 Levy Assessment in Auto Plaza BID Attachment No. 2 - West Covina Auto Plaza Annual Report 2021-2022 CITY Achieve Fiscal Sustainability and Financial Stability COUNCIL Enhance the City Image and Effectiveness GOALS & OBJECTIVES: ATTACHMENT NO. 1 RESOLUTION NO.2021-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FILED BY THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ANNUAL ASSESSMENT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021-2022 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, on June 16, 2015, the Advisory Board modified the benefits zones within the District, increasing the number of benefit zones from six (6) dealership sites to seven (7) dealership sites. The boundaries and benefit zones of the District are set forth in Exhibit A, attached hereto and incorporated herein; and WHEREAS, the Advisory Board has caused the annual report for Fiscal Year 2021-22 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 an assessment within the District for Fiscal Year 2021-22; and WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 2021-60, a resolution of intention to levy the assessment within the District for FY 2021-22 and setting the date for a public hearing for July 6, 2021, in accordance with the requirements of Streets and Highways Code section 36534; and WHEREAS, the City Council has conducted a public hearing as required by Streets and Highways Code section 36535; and WHEREAS, the City Council now desires to confirm the annual report as filed by the Advisory Board and adopt this Resolution to levy the assessment for the 2021-2022 Fiscal Year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Annual Report. The City Council hereby confirms the annual report on the District as originally filed by the Advisory Board in accordance with Streets and Highways Code section 36535. The report shall be kept on file in the City Clerk's Office. SECTION 2. Assessment. An annual assessment for the District for Fiscal Year 2021-22 shall be levied pursuant to Streets & Highways Code sections 36500 et seq. The boundaries of the District are set forth in Exhibit A. The 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 the assessment for Fiscal Year 2021-22. SECTION 3. Tvoes of Activities to Be Funded. The assessment revenue collected through the levy of the annual assessment will be used 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. SECTION 4. Method and Basis of Lew. 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. 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 6th day of July, 2021. Letty Lopez-Viado Mayor APPROVED AS TO FORM Thomas P. Duarte City Attorney ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-61 as duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 6th day of July, 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT BOUNDARIES IMAGE NOT TO SOME N WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT BOUNDARIES New Proposed Bereft: Zones DEALERSHIPS APN LOTSIZE 1 Envision Toyota of West Covina 8478-007-025, 30, 31 4.17 acres 2 Norm Reeves Honda Super Store 8478-007-028, 34, 38, 8478-008-015 5 52 acres 3 Former Clippinger Chevrolet 8474-004-047, 048 2.27 acres 4 Performance Ford 8478-004-046, 49 3.42 acres 5 Envision Mercedes Benz of West Covina 8478-004-042 4.16 acres 6 Envision Audi of West Covina 8478-004-026 3.72 acres 7 Former DnveTime 8474-007-039, D40 2.23 acres m x 6 i ATTACHMENT NO.2 WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR FISCAL YEAR 2021-2022 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 2021-2022. 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 2021-2022. 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 $71,155.10. The principal loan amount is $53,171.29 (paid in two installments), totaling $124,326.39 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 2021-22. As the annual expenditures increased, the assessments will not cover the total annual expenditures with a deficit of $8,658.39. The Advisory Board elected to utilize a portion of the fund balance of $106,052.70 to cover the deficit of $8,658.39 and to cover the required six (6) month operating reserve ($35,577.55). 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 2021-2022. 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 2020- 2021. FY 2020-2021 is anticipated to have a deficit of $368.11. The Advisory Board elected to use a portion of the fund balance to cover the deficit. The anticipated fund balance starting for FY 2021-22 is $106,062.70. This includes the six (6) month operating reserve of $35,577.55. 6. Amount of any contributions to be made from sources other than the assessments levied. None. IMAGE NOT TO SOME N WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT BOUNDARIES New Proposed Bereft: Zones DEALERSHIPS APN LOTSIZE 1 Envision Toyota of West Covina 8478-007-025, 30, 31 4.17 acres 2 Norm Reeves Honda Super Store 8478-007-028, 34, 38, 8478-008-015 5 52 acres 3 Former Clippinger Chevrolet 8474-004-047, 048 2.27 acres 4 Performance Ford 8478-004-046, 49 3.42 acres 5 Envision Mercedes Benz of West Covina 8478-004-042 4.16 acres 6 Envision Audi of West Covina 8478-004-026 3.72 acres 7 Former DnveTime 8474-007-039, D40 2.23 acres m x 6 i >@2(92% M Ynr[unpdeee) on6] .Sites Nusnunt Omlong] N men`P..I ng] P ] Bnle OeelersM1ip/514s BnlersM1lp/Sues Oe.1-1, p/l— Nee Mapt7g na nro5a<al Bneget eM Fund galore Begmnin96alame as oFluh l $ 88,.l.. $ 126,B41.05 $ 1id,55.11 $ ]39335.]7 $ 156,.d. $ ]59,Ni66 $ ]Wp62N $ 106,062.]0 3eRPl gnenuee $ Wg.W $ 9g,363.90 It 113,W.W $ 115,666.W ]Mpe ppendlmm $ 133,R6.M $ U4,326,39 0PFMiIX6 O Xerenuee lwm Asssereeds 9),E6].93 6g0]S.]) 65p]].3V $ 6A7734 e/oth" Tend Operatin8 gerenuee 99,A3.]I 66.0]S.]] 65.m 34 $ 65,0]].34 Orcnnne.— PrWeuionalSem—EMI.F,,amming' <,Sm.m a,SmD] $ a,5m.m Other Cantratlwl Rrvkes 32,472.18 u ming .. $ m —nd, 3,390.m $ murame1O.3a0.W 10mam $ KII Otner IF-- $ LmO.W EIMddty low29 MFI 14.211. $ 12,FI lepM1me 3,3e1m nom $ mO.W Equlpment M 80.(EMI-Malneenante) 11,851OF ]O.'. 10.. $ WMOW Piet mpm —ts llantleope)- Armmannovemnd e,,xI r Fspenu lean n eymentl A., 9,a33.W 8,9316P $ ],9]1,83 Treat Opemring Eryendnures A,833A1 66,OT3W 51 $ 6]}39.. 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It (..99) $ zx,31161 let 1112Ful $ "..15 $ 61 .$ IZ121SL61A85 $ 53,133.61 $ Sy 644.fl5 RSEXYES I'd galanre pflEFl AFEFI pgEFl $ 137,,173,28 $ ]I9M9.9] $ 152,417.27 FunditalnneeMlnus Cyeratlrynesem Laan (Falanre pflEFl 430.3]S.SeI (3M,381]8) $ 130FI.I ) $ 13WS86.W1 $ 53,11.29 $ 53, 171.29 $ 53,1.29 $ 53,171]1.29 $ 3W.063 ]0 97,404.31 61,826J6 I30FI181WI (253,114.71) 4SSESSMEXT Pint O.LFF 1])"' $ M.94i.s9 $ M.943.s9 $ 1y53AW $ ]6SL.W $ ]6$V.W $ 16.524.W 'EMI Pgrcemen6 expire Marty W22 m ..I pree ine reserm fund requirtment hr, H Al]-]k H MIFI MH2019 30, per 1E05aeem ign 3eplent ban Pg—ent "'NN sessment anees he halasM1 I pe In FY 1i16