REPORT TO THE CITY COUNCIL
June 18, 2015
FROM: JENNIFER CLARK, Director
Development and Resource Management Department
BY: LUPE PEREZ, Downtown Project Manager
Development and Resource Management Department
SUBJECT
Title
HEARING regarding the renewal of the Downtown Fresno Property and Business Improvement District (DFPBID)
1. ***RESOLUTION - Declaring the results of the majority public hearing proceedings and renew the
Downtown Fresno PBID and authorize the levy of district assessments
Body
RECOMMENDATION
Staff recommends that at the conclusion of a Proposition 218 protest hearing, in the absence of a majority protest, the Council adopt the attached Resolution (Exhibit A) to renew the Downtown Fresno Property and Business Improvement District (DFPBID) and levy district assessments.
EXECUTIVE SUMMARY
On April 30th, 2015, the Fresno City Council unanimously approved and adopted a resolution of intention to renew the DFPBID and set a public meeting and protest hearing for 1:30 p.m. on June 18, 2015. On May 1, 2015, the City Clerk mailed notice and protest ballots (weighted according to proportional financial obligations) to each property owner. The ballots are due at the conclusion of this afternoon's public hearing, which closes the election process prescribed under Proposition 218 in the California Constitution. If no majority protest exists - i.e., if weighted ballots submitted in opposition do not exceed weighted ballots submitted in favor - then City Council has discretion to move forward with DFPBID renewal, through adoption of a resolution of renewal of the district and levying the district assessment.
Staff recommends that the City Council adopt the attached resolution of renewal of the DFPBID and levy the assessment. This will mark the end of the DFPBID renewal process.
If the ballots against the DFPBID outweigh those in favor, the district cannot be renewed, and no further action by the City Council is necessary.
BACKGROUND
Earlier this year, a successful petition drive was launched to renew the DFPBID. With majority petition support weighted by the amount paid, the Council unanimously voted on April 30, 2015, to authorize an election process under Proposition 218 in the California Constitution. Proposition 218 prescribes the mailing of ballots to property owners and an election period, lasting a minimum of 45 days, that ends with a formal protest hearing. Ballots were mailed to the 190 property owners within the district on May 1, 2015.
Today's actions to complete the renewal of the DFPBID are twofold. First, at 1:30 P.M., the City Council will hold the required public hearing, ask for submission of any final ballots, and hear and consider comments from affected property owners and members of the public. The conclusion of the hearing marks the end of the ballot period and the close of the election.
The City Clerk, at the conclusion of the 1:30 P.M. hearing, will open the sealed ballot envelopes and tally the ballots, noting the total assessment dollars represented by "yes" votes and by "no" votes. The City Clerk will announce the results as part of the presentation of a second item in the afternoon.
Proposition 218 provides that a majority protest exists if votes submitted and not withdrawn in opposition to the proposed assessment exceed the number of ballots submitted and not withdrawn in favor of the proposed assessment, with ballots weighted according to the amount of the assessment to be imposed upon the parcel(s) for which each ballot was submitted. If at the conclusion of the hearing, a majority of returned ballots, weighted by dollars assessed, oppose the renewal of the district, the district cannot be renewed and no further action is required.
ENVIRONMENTAL FINDINGS
This is not a project for CEQA purposes.
LOCAL PREFERENCE
This action is not subject to local preference.
FISCAL IMPACT
Total annual DFPBID assessments will be $717,786.88. Of this, the City's estimated annual DFPBID assessment is approximately $112,000, of General Fund, in the initial year; this amount may increase up to three percent (3%) per year thereafter.
Attachments
Resolution to Renew Downtown Fresno PBID and Levy District Assessments