City Council

(34) 23-0461 CD 1, CD 14 COMMUNICATION FROM THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the renewal of the Greater Lincoln Heights (Property-Based) Business Improvement District (BID). Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: FIND that: The petitions submitted on behalf of the proponents of the proposed Greater Lincoln Heights BID are signed by property owners who will pay more than 50 percent of the assessments proposed to be levied. All parcels included in the BID will receive a special benefit from the improvements and activities that are to be provided. All parcels will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan, attached to the Council File. In accordance with Article XIIID of the California Constitution, all assessments are supported by the Engineer’s Report, prepared by a registered professional engineer certified by the State of California, attached to the Council File. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer’s Report, the assessment levied on each parcel within the proposed BID is proportionate to the special benefit derived from the improvements and activities that are to be provided. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer’s Report, the Engineer has separated the general from special benefits; the Engineer's Report identified general benefits in the amount of 2 percent to be separated from the special benefits conferred on parcels within the proposed BID; the yearly general benefits cost must be paid from funds other than the assessments collected for the Greater Lincoln Heights BID; and that the general benefit cost for first year of operation is $18,434.00. No publicly owned parcel is exempt from assessment. The assessments for the proposed BID are not taxes and that the BID qualifies for exemption from Proposition 26 under exemption 7 of Article XIIIC Section 1(e). The services to be provided by the Owners’ Association 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. The proposed improvements and activities are completely separate from the day to day operations of the City of Los Angeles. APPROVE the Lincoln Heights Benefit Association of Los Angeles, Inc. to administer the Greater Lincoln Heights BID if the district is renewed. ADOPT the: Preliminary Report of the City Clerk dated April 26, 2023, attached to the Council File. Management District Plan, attached to the Council File. Engineer’s Report, attached to the Council File. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION, dated April 27, 2023, to establish the Greater Lincoln Heights BID. AUTHORIZE the City Clerk, upon establishment of the BID, to prepare, execute and administer a contract between the City of Los Angeles and the Lincoln Heights Benefit Association of Los Angeles Inc., a non-profit corporation, for the administration of the BID’s programs. DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.). REQUEST the City Attorney, with the assistance of the City Clerk, to prepare and present an enabling Ordinance establishing the Greater Lincoln Heights BID for City Council consideration at the conclusion of the required public hearing.