Los Angeles

City Council

February 01, 2023 Item #10

Agenda Item 10

(10) 14-0880-S1 CD 15 COMMUNICATION FROM THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the reconfirmation of the Wilmington Commercial District (Merchant-based) Business Improvement District (BID). Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: FIND that: The assessments imposed by the Wilmington Commercial District BID for the 2023 fiscal year provide services that directly benefit each of the businesses that pay the assessments. The services funded by the assessment are provided only to each of the assessed businesses within the boundaries of the BID. The assessment imposed does not exceed the reasonable cost of conferring the benefits. The proposed improvements and activities are completely separate from the day-to-day operations of the City of Los Angeles. The assessments for the proposed business based BID are not taxes and that the BID qualifies for exemption from Proposition 26 under exemption 1 of Article XIII C Section1(e)(1).  The services to be provided by the Owners' Association, Wilmington Chamber of Commerce, are in the nature of professional, expert, technical or other special services, that the services are of a temporary and occasional character, and that the use of competitive bidding would be impractical, not advantageous, undesirable or where the common law otherwise excuses compliance with competitive bidding requirements. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION, dated January 10, 2023, confirming the Wilmington Commercial District BID Annual Report and levying an annual assessment for the Wilmington Commercial District BID’s 23rd operating year, January 1, 2023 to December 31, 2023. DIRECT the City Clerk to schedule, prepare, publish, and mail the public hearing notice, as required by the provisions of Section 36500 et seq. of the California Streets and Highways Code. INSTRUCT the City Clerk, subject to approval by the City Attorney as to form and legality, to prepare an enabling Ordinance levying the special assessment for the Wilmington Commercial District BID’s 23rd operating period beginning January 1, 2023 to December 31, 2023. APPROVE the Wilmington Chamber of Commerce, a California non-profit mutual benefit corporation, to administer the proposed services of the Wilmington Commercial District BID pursuant to Section 36500 et seq. of the California Streets and Highways Code and City regulations. AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute, and administer a contract between the City and the Wilmington Chamber of Commerce to administer the Wilmington Commerical District BID, if the Ordinance reconfirming the BID is adopted. APPOINT the Advisory Board as detailed in the December 12, 2022 City Clerk report, attached to the Council File.