RESOLUTION NO. CC-2211-090
A RESOLUTION DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2023 PAGE NO. 1
RESOLUTION NO. CC-2211-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, DECLARING ITS INTENTION
TO LEVY AN ASSESSMENT AGAINST BUSINESSES WITHIN
THE RIVIERA VILLAGE BUSINESS IMPROVEMENT DISTRICT
FOR FISCAL YEAR 2023 AND SETTING A TIME AND PLACE
FOR HEARING OBJECTIONS THERETO
WHEREAS, the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Sections 36500 et seq. (the "Law"), authorizes the City Council of the City of Redondo Beach to establish a business improvement district and to levy an assessment against businesses within such business improvement district which is in addition to any assessments, fees, charges, or taxes imposed in the City; and
WHEREAS, pursuant to the Law, the City Council adopted Ordinance No. 2922-03 establishing the Riviera Village Business Improvement District (the "District") in the City of Redondo Beach: and
WHEREAS, by previous resolution, pursuant to Section 36530 of the Law, the City Council appointed certain individuals to serve as the Advisory Board for the District (the "Advisory Board") and directed the Advisory Board to prepare and file with the City a report in connection with the proposed levy of an assessment against businesses within the District for Fiscal Year 2023; and WHEREAS, in accordance with Section 36533 of the Law, the Advisory Board prepared and filed with the City Clerk a report entitled “Riviera Village Business Improvement District Annual Report 2023” (the "Report"), and, by previous resolution, the City Council preliminarily approved such report as filed; and
WHEREAS, the boundaries of the District includes all territory described in Exhibit "A" attached hereto and incorporated herein by reference.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council hereby declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against businesses within the District for Fiscal Year 2023 (January 1, 2023 to December 31, 2023). Such assessment is not proposed to increase from the assessment levied and collected for Fiscal Year 2023. The method and basis of levying the assessment is set forth in Exhibit "B" attached hereto and incorporated herein by reference.
SECTION 2. The types of improvements to be funded by the levy of an assessment against businesses within the District are the acquisition, construction, installation or maintenance of any tangible property with an estimated useful life of five years or more. The types of activities to be funded by the levy of an assessment against businesses within the District are activities which RESOLUTION NO. CC-2211-090
A RESOLUTION DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2023 PAGE NO. 2
benefit businesses located in and operating in the District.
SECTION 3. Non-profit organizations with documentation of non-profit status shall not be subject to this assessment.
SECTION 4. That the City Council hereby fixes the time and place for a public hearing on the proposed levy of an assessment against businesses within the District for Fiscal Year 2023 as follows:
TIME: 6:00 p.m., or as soon thereafter as practical
DATE: December 6, 2022
PLACE: City Council Chambers
415 Diamond Street
Redondo Beach, California 90277
At the public hearing, the testimony of all interested persons regarding the levy of an assessment against businesses within the District for Fiscal Year 2023 shall be heard. A protest may be made orally or in writing by any interested person.
Any protest pertaining to the regularity or sufficiency of the proceedings must be in writing and shall clearly set forth the irregularity or defect to which the objection is made.
Every written protest must be filed with the City Clerk at or before the time fixed for the public hearing. 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. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.
Each written protest must 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 the person subscribing is the owner of the business. A written protest which does not comply with requirements set forth in this paragraph will not be counted in determining a majority protest (as defined below).
If, at the conclusion of the public hearing, written protests are received from the owners of businesses in the District which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, there is a majority protest, no further proceedings to levy the proposed assessment, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council.
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 5. For a full and detailed description of the improvements and activities to be provided for Fiscal Year 2023, the boundaries of the District and the proposed assessments to be levied against the businesses within the District for Fiscal Year 2023, reference is hereby made to the RESOLUTION NO. CC-2211-090
A RESOLUTION DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2023 PAGE NO. 3
Riviera Village Business Improvement District Report 2023. The Report is on file with the City Clerk and open to public inspection.
SECTION 6. That the City Clerk is hereby authorized and directed to provide notice of the public hearing in accordance with law.
SECTION 7. That the City Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
RESOLUTION NO. CC-2211-090
A RESOLUTION DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2023 PAGE NO. 4
PASSED, APPROVED AND ADOPTED this 1
st day of November, 2022.
________________________________
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2211-090
A RESOLUTION DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2023 PAGE NO. 5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Resolution No. CC-2211-090 was passed, approved, and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 1 st day of
November, 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Eleanor Manzano, CMC
City Clerk
RESOLUTION NO. CC-2211-090
A RESOLUTION DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2023 PAGE NO. 6
Exhibit A
District Boundaries
The exterior boundaries of the Riviera Village Business Improvement District are all operating businesses within the area generally described as follows:
Beginning at the NW corner of Catalina Avenue and Palos Verdes Blvd and proceeding north to include both sides of Catalina Avenue up to and including the north side of Avenue I, proceeding east to South Elena Avenue, north on South Elena Avenue up to but not including the MJ Building (1611 South Elena Avenue) on the west side, south on South Elena Avenue from and including the service station located at 1630 South Elena Avenue to Catalina Avenue and north on Catalina Avenue back to Palos Verdes Boulevard. Businesses located at 102 Via Valencia, 104 Via Valencia and 245 Palos Verdes Boulevard are not included within the BID boundary, and specifically described as:
A BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF REDONDO BEACH,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THE BOUNDARIES OF WHICH ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 7, BLOCK 17, TRACT 2546, AS RECORDED IN MAP BOOK 26, PAGES 4 AND 5, IN SAID COUNTY RECORDER'S OFFICE, THENCE; WESTERLY, 141.15 FEET, ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT 7 TO THE NORTHWESTERLY CORNER OF SAID LOT 7, THENCE; NORTHERLY, ALONG THE WESTERLY PROPERTY LINE OF SAID LOT 7 AND LOT 6, SAID BLOCK 17, TO THE POINT OF INTERSECTION OF SAID WESTERLY PROPERTY LINE OF SAID LOT 6, AND THE EASTERLY PROLONGATION OF THE NORTHERLY PROPERTY LINE OF L0112, SAID BLOCK 17, THENCE; WESTERLY, ALONG SAID PROLONGATION OF THE NORTHERLY PROPERTY LINE OF SAID LOT 12, TO THE NORTHEASTERLY CORNER OF SAID LOT 12, THENCE; WESTERLY ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT 12, LOTS 13 AND 14, SAID BLOCK 17, LOTS 2 AND 1, PARCEL MAP 8099, AS RECORDED IN PARCEL MAP BOOK 82, PAGE 38, IN SAID COUNTY RECORDER'S OFFICE, LOTS 17, 18, 19, 20, 21. 22, 23 AND 24, SAID BLOCK 17, TO THE NORTHWESTERLY CORNER OF SAID LOT 24, THENCE; SOUTHERLY, ALONG THE WESTERLY PROPERTY LINE OF SAID LOT 2410 THE POINT OF INTERSECTION OF SAID WESTERLY PROPERTY LINE OF SAID LOT 24 AND THE EASTERLY PROLONGATION OF THE NORTHERLY PROPERTY LINE OF LOT 25 SAID BLOCK 17, THENCE; WESTERLY, 150 FEET, ALONG SAID NORTHERLY PROPERTY LINE OF SAID LOT 25 TO THE NORTHWESTERLY CORNER OF SAID LOT 25, THENCE; NORTHWESTERLY, TO THE NORTHEASTERLY CORNER OF LOT 1, TRACT 32347, AS RECORDED IN MAP BOOK 1033, PAGES 21 THRU 24 INCLUSIVE, IN SAID COUNTY RECORDER'S OFFICE, THENCE; WESTERLY, 150.07 FEET, ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT 1, SAID TRACT 32347, TO THE NORTHWESTERLY CORNER OF SAID LOT 1, SAID TRACT 32347, THENCE SOUTHERLY, 135.03 FEET, ALONG THE WESTERLY PROPERTY LINE OF SAID LOT 1, SAID TRACT 32347, TO THE SOUTHWESTERLY CORNER OF SAID LOT 1, SAID TRACT 32347, THENCE; SOUTHERLY, TO A POINT ON THE WESTERLY PROPERTY LINE OF LOT 3, BLOCK "A”, TRACT 10303, AS RECORDED IN MAP BOOK 152, PAGES 34 THRU 37 INCLUSIVE, IN SAID COUNTY RECORDER'S OFFICE, SAID POINT BEING 100.08 FEET NORTHERLY, ALONG SAID WESTERLY PROPERTY LINE OF SAID LOT 3, SAID BLOCK "A”, FROM THE SOUTHWESTERLY CORNER OF SAID LOT 3, SAID BLOCK "A”, THENCE; SOUTHERLY, 100.08 FEET FROM SAID POINT TO THE SOUTHWESTERLY CORNER OF SAID LOT 3, SAID RESOLUTION NO. CC-2211-090
A RESOLUTION DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2023 PAGE NO. 7
BLOCK "A”, THENCE; EASTERLY, 11 5.60 FEET, ALONG THE PROPERTY LINE OF LOTS 3, 2 AND 1, SAID BLOCK "A", TO THE SOUTHEASTERLY CORNER OF SAID LOT 1, SAID BLOCK "A”, THENCE; SOUTHERLY, 20.14 FEET, TO THE NORTHWESTERLY CORNER OF LOT 2, TRACT 11920, AS RECORDED IN MAP BOOK 256, PAGES 21 AND 22, IN SAID COUNTY RECORDER'S OFFICE, THENCE; SOUTHERLY, 637.63 FEET, ALONG THE WESTERLY PROPERTY LINE OF LOTS 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, AND 12, SAID TRACT 11920, TO THE SOUTHWESTERLY CORNER OF SAID LOT 12, SAID TRACT 11920, THENCE; SOUTHERLY, TO THE NORTHWESTERLY CORNER OF LOT 1, BLOCK “I” SAID TRACT 10303, THENCE, S 26°26’10”E, 590.00 FEET, ALONG THE WESTERLY PROPERTY LINE OF LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 AND 19, SAID BLOCK "I", TO THE
POINT OF INTERSECTIOIN OF THE SOUTHEASTERLY PROLONGATION OF THE WESTERLY PROPERTY LINE OF SAID LOT 19, SAID BLOCK “I” AND THE NORTHERLY PROPERTY LINE OF LOT 20, SAID BLOCK “I”, THENCE, S 63°33’50” W, 20 FEET FROM SAID POINT OF INTERSECTION ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT 20, SAID BLOCK “I”, THENCE; S 31°22’28” W, 28.16 FEET, ALONG THE NORTHWESTERLY PROPERTY LINE OF SAID LOT 20, SAID BLOCK "I", THENCE; SOUTHEASTERLY, ALONG THE SOUTHWESTERLY PROPERTY LINE OF SAID LOT 20, SAID BLOCK "I”, TO THE POINT
OF INTERSECTION OF THE SOUTHEASTERLY PROLONGATION OF SAID SOUTHWESTERLY PROPERTY LINE OF SAID LOT 20, SAID BLOCK "I", AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF REDONDO BEACH, SAID TRACT 10303, THENCE; NORTHEASTERLY ALONG SAID BOUNDARY LINE TO THE POINT OF
INTERSECTION OF SAID BOUIVDARY LINE AND THE SOUTHEASTERLY PROLONGATION OF SOUTHWESTERLY PROPERTY LINE OF LOT 20, BLOCK “B”, SAID TRACT 10300, THENCE; NORTHWESTERLY ALONG SAID SOUTHEASTERLY PROLONGATION OF SAID SOUTHWESTERLY PROPERTY LINE OF SAID LOT 20, SAID BLOCK “B” TO THE NORTHWESTERLY CORNER OF SAID LOT 20, SAID BLOCK "B", THENCE; S 40°18’16” W, ALONG THE NORTHWESTERLY PROPERTY LINE OF LOTS 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, AND 36, SAID BLOCK “B” TO THE POINT OF INTERSECTION OF THE
NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY PROPERTY LINE OF SAID LOTS 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33 AND 36, SAID BLOCK “B”, AND THE
SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY PROPERTY LINE OF LOT 2 SAID BLOCK “B”, THENCE; NORTHWESTERLY ALONG SAID SOUTHWESTERLY PROPERTY LINE OF SAID LOT 2, SAID BLOCK “B”, 65 FEET, THENCE; N 36°41’13” E, 139.65 FEET, TO A POINT ON THE SOUTHWESTERLY PROPERTY LINE OF LOT 19, BLOCK "A”, SAID TRACT 10300, THENCE; SOUTHEASTERLY ALONG SAID SOUTHWESTERLY PROPERTY LINE OF SAID LOT 19, SAID BLOCK " A” TO THE SOUTHERLY BOUNDARY LINE
OF THE CITY OF REDONDO BEACH, THENCE NORTHEASTERLY ALONG SAID BOUNDARY
LINE TO THE POINT OF INTERSECTION OF SAID BOUNDARY LINE AND THE WESTERLY
BOUNDARY LINE OF PACIFIC COAST HIGHWAY, SAID WESTERLY BOUNDARY LINE OF
PACIFIC COAST HIGHWAY BEING A CURVE CONCAVE TO THE NORTHEAST, CONCENTRIC WITH AND HAVING A RADIUS 100 FEET LONGER THAN THE SOUTHWESTERLY BOUNDARY LINE OF BLOCK 4, TRACT 12836, AS RECORDED IN MAP BOOK 254, PAGES 25 THRU 28 INCLUSIVE, IN SAID COUNTY RECORDER'S OFFICE, THENCE; NORTHWESTERLY, ALONG SAID WESTERLY BOUNDARY LINE OF PACIFIC
COAST HIGHWAY, TO THE POINT OF INTERSECTION OF SAID WESTERLY BOUNDARY
LINE OF PACIFIC COAST HIGHWAY AND THE EASTERLY PROLONGATION OF THE NORTHERLY PROPERTY LINE OF SAID LOT 7, SAID BLOCK 17, THENCE; WESTERLY,
ALONG SAID EASTERLY PROLONGATION OF THE NORTHERLY PROPERTY LINE OF SAID LOT 7, SAID BLOCK 1710 THE POINT OF BEGINNING.
RESOLUTION NO. CC-2211-090
A RESOLUTION DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2023 PAGE NO. 8
Exhibit B
Assessment of Formula
(Method and Basis of Assessment)
The method and basis of levying the assessment for funding the improvements and activities of the Riviera Village Business Improvement District shall be that all business license holders (with the exception of non-profit organizations who elect not to participate in the BID) will annually be assessed a base fee of $100 plus a fee of $29 per employee per year to a maximum assessment of $1,000 per year. Those licensees who are property owners and are assessed on their business license fees on a per unit basis shall pay BID assessments of $100 plus $29 per rental unit per year with a maximum assessment of $1,000 per year. For purposes of this assessment the number of employees will be that reported on City business licenses.