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HomeMy WebLinkAbout1996 035 CC RESO1996 035 CC RESO(Ìì¶I RESOLUTION NO. 96-35 35 A RESOLUTION OF HE CITY COUNCIL OF HE CITY OF BALDWIN PARK CONFIRMING HE ADVISORY BOARD'S REPORT AND LEVYING HE ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT FOR FISCAL YEAR 1996-97 WHEREAS, the City Council has previously ordered the formation of the Citywide Business Improvement, Area the Area") pursuant to the terms and provisions of the Parking and Business Improvement Area Law of 1979' which has been superseded and replaced by the Parking and Business improvement Area Law of 1989, being Pail 6 of Division 18 of the Streets and Highway Code of the State of California Section 36500 et seq.) The Law"); and WHEREAS, the City Council has appointed an Advisory Board for the purpose of making recommendation( to the Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, and of the method and basis of levying the assessments pursuant to the Law; and WHEREAS, the Advisory Board, comprised of the Chamber of Commerce Executive Committee, has caused to be prepared Report for Fiscal year 1996 & 97 for which assessments are toe levied and collected to pay the costs of improvements and activities described in the Report, which Report is attached hereto as Exhibit A"'; and WHEREAS, the City Council did adopt a Resolution of Intention to Levy an annual assessment for Fiscal Year 1996-97, and flirther, did proceed to give notice of the time and place for the public hearing on the question of the levy of the proposed assessment; and WHEREAS, at this time, the City Council has heard all testimony and evidence and is desirous of preceeding with the levy of an annual assessment for said Area. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION The above recitals are all true and correct. SECTION 2 The City Council hereby orders the program and activities to be carried out as set forth in the Advisory Boards Report attached hereto as Exhibit A", and orders the annual levy of the Area as shown and set forth and described in said Report and Resolution of Intention. SECTION 3. The assessment as set forth and contained in said Report is hereby confirmed and adopted. SECTION 4. The adoption of this Resolution constitutes the levy of the assessment for the Fiscal Year commencing July 1, 1996 and ending June 30, 1997. SECTION 5. The estimates of costs, the assessments, and all other matters as set forth in the Advisory Board's Report pursuant to the Law, as submitted, are hereby approved and adopted by the City Council and hereby confined. SECTION 6. Written protests were not received from the owners of businesses in the area which will pay 50% or more of the assessments to be levied. SECTION 7: A copy of the Advisory Board's Report and the system of charges, including the classification of businesses and the amount of the annual charges sliall be filed in the Office of the City Clerk and open for public inspection. BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I RESOLUTION NO. 96 35 PAGE TWO APPROVED AND ADOPTED this 5th day of June 1996. MAYOR STATh OF CALIFORNIA COUNTYOFLOSANGELES SS. CITY OF BALDWIN PARK L LINDA GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly adopted by the City Council and signed by the Mayor of said City at a regular meeting held on the 5th day of June, 1996; and that the same was passed by the following vote to-wit: AYES: MARTINEZ. LOZANO, LOWES, MUSE, MAYOR VARGAS NOES: NONE ABSENT: NONE ABSTAIN: NONE LINDA L. GAIR, CITY CLERK BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I CITY OF BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT AREA REPORT FOR FISCAL YEAR 1996-97 BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I CITY OF BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT AREA FISCAL YEAR 1996-97 The improvements and activities to be provided in fiscal year 1996-97 are contained in the attached agreement between the City of Baldwin Park and the Baldwin Park Chamber of Commerce Attachment 1), under section 2, Scope of Services, and specifically items A, B, and C of the section relating to General Civic Promotion and Community Involvement, Marketing Existing and Expanded Business, and Business Seminar/Business Retention. In addition, the City will provide 1) decorations in public places in the area, 2) promotion of public A events which take place in the area, 3) provide music/ente and 4) general promotion of business activities. ESTIMATE OF THE COST OF PROVIDING ThE IMPROVEMENTS AND ACTIVITIES'] The Baldwin Park Chamber of Commerce has submitted a budget containing estimated cost of $58,000. In addition, the City of Baldwin Park has contained within the Operating Budget estimated cost of approximately $2,000. These amounts represent the estimated revenues required from the Business Improvement Area for fiscal year 1996-97. METHOD AND BASIS FOR LEVY OF ASSESSMENT Area assessments are based upon a percentage of the regular business license tax. The percentage differs by the Class of business and relates to the benefit each class derives from the improvements and activities in the area. The assessments are being reduced by approximately 50% for fiscal year 1996-97 and are as follows: Class A Business 30% Class B Business 38% Class C Business 45% A full description of the types of business in each class is provided in Ordinance No.842 Attachment 2). Additionally, certain businesses are exempt from the payment of the assessment levy due to the absence of significant benefit derived from Area activities. These businesses are: 1. Apartments, rest homes, rooming houses, and trailer parks. 2. Public Utilities. 3. Any business required to have a business license for a home occupation within the meaning of the City zoning regulations. 4. Any organization required to obtain a permit to conduct bingo games. BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶IMETHOD AND BASIS FOR LEVY OF ASSESSMENT Continued) Multiple businesses pay only the single highest assessment that would be charged of any one of those businesses when considering individually. No annual charge levied in accordance with this assessment shall exceed $450.00. AMOUNT OF SURPLUS TO BE CARRIED FORWARD FROM THE PRIOR YEAR None PROPOSED CHANGES IN THE BOUNDARY OF THE AREA The City of Baldwin Park does not propose any changes to the current boundaries of the Citywide Business Improvement Area. Those boundaries currently include all of the territory within the exterior boundaries of the City of Baldwin Park. BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I Baldwin Park Chamber of Commerce City of Baldwin Park AB-1693 Proposed Funding Fiscal Year 1996-97 * INCOME AB 1693 Contract $ 58,000.00 EXPENSES Information Center of Baldwin Park $ 25,000.00 Business Directory Printing and Postage Business Expos Program Time Economic Development $ 11,500.00 Business Retention Business Expansion Quik News Business Seminars Ten Seminars $ 1 500.00 Program Time Mailings/Printing Building Operations/Maintenance $ 20.000.00 Total Expenses $ 58,000.00 BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I Baldwin Park Chamber of Commerce Preliminary Proposed Budget Fiscal Year 1996-97 Supporting Detail INCOME AB 1693 City Contract $ 58,000.00 Community Newspaper NOW' $ 67,800.00 City & School District Reimbursement $ 52,800.00 Ad Sales $ 15,000.00 Fundraising $ 30,000.00 Business Forums Golf Tournament Annual Dinner Circus Corporate Sponsors State of the City Secretaries Day Luncheon Business Expo Additional 1995-96 Carry-over funds $ 8,000.00 Membership Dues $ 35,000.00 350 Members $100.00 per member TOTAL SOURCE OF FUNDS $198,800.00 Page 1 of 4 BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I Baldwin Park Chamber of Commerce Preliminary Proposed Budget Fiscal Year 1996-97 Supporting Detail EXPENSES Fundraising $ 6,700.00 Annual Dinner $ 1,000.00 Forums/Business Luncheons $ 1,100.00 Golf Tournament $ 1,000.00 Circus $ 1,000.00 Mixers $ 1,600.00 Street Festival $ 1,000.00 Community Newspaper NOV\P' $ 67,300.00 Postage $ 36,000.00 Printing $ 31,200.00 Film $ 100.00 Public Relations $ 24,000.00 Business Education Materials $ 6,000.00 Business Retention Materials $ 8,000.00 Business Directory/City Map $ 10,000.00 Staff Wages & Payroll Taxes $ 71,475.00 Director $ 29,000.00 office Manager $ 23,625.00 Marketing/Staff/Office Assistant $ 3,250.00 Health Insurance $ 3,600.00 Employer Taxes $ 12,000.00 Page 2 of 4 BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I  Baldwin Park Chamber of Commerce Preliminary Proposed Budget Fiscal Year 1996-97 Supporting Detail EXPENSES cont'd) Auto $ 6,200.000 Auto Lease $ 3,300.00 Fuel $ 1,400.00 Insurance $ 1,000.00 Maintenance $ 500.00 Telephone $ 3,000.00 Property Tax $ 4,000.00 Equipment Maintenance & Rental $ 4,000.00 Xerox Copier Service Contract $ 3,500.00 Telephone Rental $ 500.00 Office Supplies $ 3,000.00 Building Maintenance $ 900.00 Air Conditioning/Heating Service Contract $ 900.00 Postage $ 1,840.00 Utilities $ 2,000.00 Membership $ 375.00 SCCACE $ 75.00 WACE $300.00 Chamber Training Sessions $ 1,000.00 Page 3 of 4 BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I  Baldwin Park Chamber of Commerce Preliminary Proposed Budget Fiscal Year 1996-97 Supporting Detail EXPENSES cont'd) Legal & Accounting/Professional Services $ 3,000.00 TOTAL USE OF FUNDS $198,790.00 BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I  ATTACHMENT 2 ORDINANCE NO. S42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A CITYWIDE BUSINESS IMPROVEMENT AREA IN THE CITY OF BALDWIN PARK. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY£BY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park hereby finds, determines and declares as follows: a) That pursuant to Section 36500 Ct seq. of the Streets and Highways Code of the State of California, the City Council adopted, on August 18, 1982, that certain Resolution No. 82-74, dated August 18, 1982, entitled, A Resolution of the City Council of the City of Baldwin Park Declaring its Intention to Establish a Citywide Business Improvement Area in the City of Baldwin Park', and caused said resolution to be duly published and mailed as provided by law. b) That a public hearing concerning the formation of said Citywide Business Improvement Area hereinafter Area"Z was held on September 15, 1982, at the hour of 7:00 P.M. in the City Council Chambers of the City Hall of the City of Baldwin Park. C) That at said hearing all written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and complete hearing was granted and held. d) That all protests, both written and oral, were duly overruled and it was determined by the Council that there was no majority protest within the meaning of said Streets and Highways Code, Section 36500 Ct seq. e) That the public interest, convenience and necessity require the establishment of the proposed Area. f) That businesses conducting their activities within the Area will benefit by the expenditure of funds raised by the charges as contemplated by said Section 36500, Ct seq. SECTION 2. ESTABLISHMENT OF AREA. Pursuant to Section 36500 Ct seq. of the Streets and Highways Code of the State of California, a business improvement area designated as the Citywide Business Improvement Area of the City of Baldwin Park is hereby created and established. SECTION 3. DESCRIPTION OP AREA. The Area shall include all of the territory within the exterior boundaries of the City of Baldwin Park, as the same exist on the date of adoption of this Ordinance. BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I 1996 035 CC RESO(Ìì¶I  Ordinance No.S42 Pag( 1) Such busincSses included under A above 2) Advertising Agencies. included under below, 3) Newspaper Publishers, included under C below. CLASS C All other businesses not included An annual charge equal to within Class A or B, including ninety percent 90%) of the City business license tax the following: applicable to each such Advertising Agencies respective business Antique Stores Appliance Stores Auctioneers Automobile Dealers Automobile Supply Stores Auto wreck Yards Bakeries Barber Shops Bars Beauty Shops Billiard and Pool Halls Book Stores Bowling Alleys Cafes Carnivals and Circuses Clothing Stores Dance Halls Deliveries Department Stores Dry Cleaning Establishments Employment Agencies Flower Shops Food Stores Furniture Stores Gift Shops Glass Shops Hardware Stores Hotels and Motels Ice Vendors Junk Dealers Launder mats liquor Stores locksmiths Massage Parlors Newspaper Publishers Paint Stores Pawn Shops Personal and Real Estate loan Agents and Agencies Pet Shops Pharmacies Photography Studios Printers, Silk Screen and Graphic Arts Radio and Television Operation Rental/Leasing Companies Restaurants Retail Drug Stores Second-hand Dealers and Stores Self-service Car Washes Shoe Repair Shops BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I Ordinance No. S42 Page 4 Solicitors Tailors Theatres Toy Stores Trade Schools Trading Stamp Agencies and Redemption Centers All other businesses involving retail sales and/or similar in use to the above a) Exemptions. No charges shall be levied upon the following: 1) Apartments, rest homes, rooming houses, and trailer parks; 2) Public utilities; 3) Any business required to have a business license for a home occupation within the meaning of the City zoning regulations; 4) Any organization required to obtain a permit to conduct bingo games b) Payment of Charge. The charge hereby levied shall be due and payable and shall be paid at the same time and in the same manner that the business license imposed by the City Code is due and payable. C) Payment Prerequisite to License. 1) No business license shall be issued pursuant to the Baldwin Park Municipal Code unless the business license charge hereby imposed is paid together with the business license payable pursuant to the said Code; and 2) A business license shall be considered unpaid and penalties shall be assessed upon the total amount at the rate specified in Article IV, Chapter 1, Section 4020 of the Municipal Code, until such time as both the business license tax and the charge are paid. d) Multiple Businesses. 1) Where one owner has multiple businesses in the same class or combinations of two or more of the above classes, all of which are at the same location: The total charge for that location under this Ordinance shall be the highest charge of any one of those businesses when considered individually according to their classifications herein. 2) Where multiple owners have businesses in the same class or combinations of two or more of the above classes, all of which are at the same location: The total charge to each owner under this Ordinance shall be the highest charge of any one of the individual owners businesses at the location when considered according to their classifications herein. e) MZjxiu Assessment. No annual charge levied in accordance with the system of charges defined herein shall exceed $450 BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I 0. n e No. S42 Page S Cf) New Businesses Charge Exemption. Any proposed business may file for an exemption of the charge fee. The procedure for such waiver shall be established by resolution of the City Council. g) Charge Transferability. There shall be no additional charge for any business which transfers the sane business to any location within the Area. h) Refusal to Pay Charge. No person shall fail or refuse to pay the additional business license charge imposed. j) Statement of Charge Due. A written statement, on such forms as may be required or furnished by the City Manager, shall be filed when the charge is paid. SECTION 5. VOLUNTARY CONTRIBUTION. Any business A which is exempt from the payment of the charge by reason of the provisions of the Constitution of the United States or the State of California or by business class exemption as designated in a) above, may make voluntary contributions to said Area for the purposes provided in this Ordinance. SECTION 6. USE OF REVENUES. Uses of revenues derived from charges imposed pursuant to this Ordinance shall be limited to the following: a) decoration of any public place in the Area b) promotion of public events which are to take place on or in the Area Cc) furnishing of music in any public place in the Area Cd) the general promotion of business activities in the Area SECTION 7. FUND. There is created a special fund designated as Citywide Business Improvement Area Fund" into which all revenues derived from charges and contributions under this Ordinance shall be placed and such funds shall be used only for the purposes specified in this Ordinance. SECTION 8. EXPENDITURES. The City Council shall annually approve a budget to include an estimate of expenditures to be made from the Citywide Business Improvement Area Fund to carry out the purposes of this Ordinance. SECTION 9. CITY COUNCIL ADVISORY COMMITTEE, For the purpose of advising the City Council, making recommendations to them on the operation and extent of the Area, the methods and ways in which the revenue derived from the levy of the special business license charge imposed by this Ordinance might be used, and performing such other powers and duties as the City Council may determine, a City Council Advisory Committee shall be established by Resolution of the City Council. SECTION 10. AMENDMENTS. Businesses within the Area established by this Ordinance shall be subject to any amendments to Section 36500 Ct seq. of the Streets and highways Code. SECTION 11. EFFECTIVE DATE. This Ordinance shall apply to business license taxes levied for the calendar year 1983 and each year thereafter and the additional charges imposed by this Ordinance shall be due and payable from January 1, 1983. BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05 1996 035 CC RESO(Ìì¶I Ordinance 842 SECTION 12. if my section, section, sentence, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be iivalid, such decision shull not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Baldwin Park hereby declares that it would have passed and does hereby pass this section and each sentence, section, clause and phrase hereof, irrespective of the fact that any one or more Sections, sentences, clause, or phrases be declared invalid or unconstitutional. SECTION 13. That the City Clerk shall certify to the aZoption of this Ordinince and cause the sane to be published in the manner prescribed by law. PASSED AND APPROVED this 7th day of November 1982. ATTEST: STATE OF CALIFORNIA OF LOS ANGELES) ss CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Raidwin Park do hereby certify that the foregoing Ordinance No. 842 was regularly introduced and placed upon its first readin8 at a regular meeting of the City Council on the 3rd day of November 1982. That, thereafter, said Ordinance was duly adopted and pasSed at a regular meeting on the 17th day of November 1982, by the following vote: AYES: COUNCILMEMBERS: IZELL, AGUILAR, MCNEILL, AND MAYOR WHITE NOZS: COUNCILMEMBERS: KING ABSZZ COUNCILMEMBERS: NONE LINDA L. GAIR, CITY CLERK BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05  Ordinance No S42 Page 2 2 S£CTION 4. SYSTEM OF C}CHARGES. The following charges, in addition to the business license tax required by the Municipal Code, shall be levied upon those classes of businesses Which are not exempt by law and Which are conducting their activities Within such Area. ClASSIFICATION OF BUSINESSES AMOUNT OF ANNUAL Z CLASS A Hospitals An annual charge equal to sixty Manufacturing Operations percent 607.) of the Morticiains City business license tax wholesale Operations applicable to each respective X-ray laboratories business. All other similar uses ClASS B Accountants An annual charge equal to Appraisers seventy-five percent 75%) Architects of the City business license Attorneys at Z tax applicable to each Auditors respective business. Auto Repair Operators Bacteriologists Chemists Chiropodists chiropractors Collection Agencies Contractors Dentists Detective Agencies Engineering Consultants Entomologists Geologists Oculists Opticians Optometrists, Osteopaths Physicians Physiotherapists Private Patrol Officers Public Bookkeeping, Accounting and Income Tax Services Real Estate Brokers Service Stations Surveyors, Veterinarians All other professions licensed and regulated by the State of California and rot specifically other- wise classified herein All businesses With business address outside Area but licensed by City to conduct business within Area with the following exceptions.' BIB] 37650-U01 1996-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1166-U03 DO1232-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 96-35-U05 JUN-U05 5-U05 1996-U05