RESOLUTION NO. CC-2312-133
CONFIRMING REPORT LEVYING ASSESSMENT
PAGE NO. 1
RESOLUTION NO. CC-2312-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, CONFIRMING THE 2024
REPORT OF THE RIVIERA VILLAGE BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING
AN ASSESSMENT FOR FISCAL YEAR 2024
WHEREAS, the Parking Business Improvement Area Law of 1989, California Streets and Highways Code Sections 36500 et seq. (the "Law"), authorizes the City Council to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments,fees, charges, or taxes imposed in the City.
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.
WHEREAS, the boundaries of the District include all territory described in Exhibit "A" attached hereto and incorporated herein by reference. · WHEREAS, by previous resolution, pursuant to Section 36530 of the Law, the City Council appointed an Advisory Board and directed the Advisory Board to prepare a report in connection with the proposed levy of an assessment against businesses in the District for Fiscal Year 2024.
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 2024" (the "Report"), and, by previous resolution, the City Council preliminarily approved such Report as filed.
WHEREAS, the City Council has adopted a Resolution of Intention, Resolution No.CC-2312-133 declaring its intention to levy and collect an assessment for Fiscal Year 2024 (January 1,2024 to December 31, 2024) against businesses in the District.
THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That following notice duly given pursuant to t h e Law, the City Council has held a full and fair hearing regarding the levy and collection of an assessment within the District for Fiscal Year 2024. All interested persons were afforded the opportunity to hear and to be heard regarding protests and objections to the levy and collection of the assessment for Fiscal Year 2024. The City Council finds that there was no majority protest within the meaning of the Law. All protests and objections to the levy and collection of the assessment and any and all other protests and objections are hereby overruled by the City Council.
SECTION 2. That based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports RESOLUTION NO. CC-2312-133
CONFIRMING REPORT LEVYING ASSESSMENT
PAGE NO. 2
and information,the City Council hereby finds and determines that (i) the businesses in the District will be benefited by the expenditure of funds raised by the assessment, (ii) the District includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the District for the Fiscal Year 2024 in accordance with the Report is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such business.
SECTION 3.That the City Council hereby confirms the Report as originally filed.
SECTION 4. That the adoption of this Resolution constitutes the levy of an assessment for the Fiscal Year 2024 (commencing January 1, 2024, and ending December 31, 2024). The assessment formula, including the method and basis of levying the assessment, is set forth in Exhibit "B" attached hereto and incorporated herein by reference. Nonprofit organizations with documentation of non-profit status shall not be subject to the assessment.
SECTION 5. That the City Council hereby declares that the. proposed uses of the revenues derived from the a ssessments levied against businesses in the District are for the following:
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 the activities which benefit businesses located and operating in the District.
SECTION 6. That, pursuant to Section 6 of the 2003 Ordinance, the City may contract with a separate entity to administer the improvements and activities of the District described in Section 5 above. The City hereby approves the proposed contract with Riviera Village Association to administer the improvements and activities of the District, the form of which is attached as Exhibit “C” attached hereto and incorporated herein by reference. Any agency that holds funds in trust for purposes related to the contract shall, at no expense to the City, provide an annual independent audit report by a Certified Public Accountant of these funds. The audit may be funded from assessment proceeds as part of the general administration of the District.
At all times the City shall reserve full rights of accounting of these funds.
SECTION 7. 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-2312-133
CONFIRMING REPORT LEVYING ASSESSMENT
PAGE NO. 3
PASSED, APPROVED, AND ADOPTED this 19th day of December, 2023.
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
Michael Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2312-133
CONFIRMING REPORT LEVYING ASSESSMENT
PAGE NO. 4
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 -2312-133 was passed and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 19th day of December, 2023, and there after 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-2312-133
CONFIRMING REPORT LEVYING ASSESSMENT
PAGE NO. 5
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, RESOLUTION NO. CC-2312-133
CONFIRMING REPORT LEVYING ASSESSMENT
PAGE NO. 6
100.08 FEET FROM SAID POINT TO THE SOUTHWESTERLY CORNER OF SAID LOT 3, SAID 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-2312-133
CONFIRMING REPORT LEVYING ASSESSMENT
PAGE NO. 7
Exhibit B
Assessment of Formula
(Method and Basis of Assessment)
The proposed assessment, resolution CC-2112-090 was approved by Council on 11/1/2022 is as follows: All business license holders located within the boundaries will continue to be members of the BID. Each license holder (with the exception of nonprofit organizations who elect not to participate in the BID) will be assessed as follows: Each business license holder will pay a base fee of $100 plus a fee of $29 per employee per year to a maximum assessment of $1,000. Those licensees who are property owners and are assessed on their business license fees on a per unit basis shall pay BID fees of $100 plus $29 per rental unit per year with a maximum assessment of $1,000. Examples: A licensee with 10 employees would pay a total annual assessment of $390. A licensee with no employees would pay a total annual assessment of $100. A licensed property owner with four rental units would pay an annual assessment of $216.
EXHIBIT C
PROPOSED CONTRACT BETWEEN THE CITY OF REDONDO BEACH AND
THE RIVIERA VILLAGE ASSOCIATION