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HomeMy WebLinkAbout17 - Reso 2014-46 CDM BIDCITY OF NEWPORT BEACH City Council Staff Report May 27, 2014 Agenda Item No. 17. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager — (949) 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Mary Locey, Public Information Specialist PHONE: 949 - 644 -3031 TITLE: Resolution No. 2014 -46: Renewal of the Corona del Mar Business Improvement District for Fiscal Year 2014 -2015 and Board Appointments for Fiscal Year 2014- 2015 ABSTRACT: The annual renewal of the Corona del Mar Business Improvement District (Corona del Mar BID) requires a public hearing to determine if there is a majority protest against the levied assessments or a specific improvement, activity or benefit proposed by the BI D for Fiscal Year (FY) 2014 -2015. The Ca iforni a Streets and Highways Code Sections 36500 et seq., grants the City Council the authority to appoint an advisory board for Business I mprovement Districts formed under the Parking and Business I mprovement Area Law of 1989. Following renewal of the Corona del Mar BID, the Council may appoint an advisory board to serve the BID in FY 2014 -2015. RECOMMENDATION: a) Approve the FY 2014 -15 Corona del Mar BID budget; b) Hold a public hearing regarding the renewal of the Corona del Mar BID; c) If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2014 -46, A Resolution of the City Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2014 to June 30, 2014 for the Corona del Mar Business Improvement District (CdM BID); OR If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Corona del Mar BID; OR If the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated. d) Appoint the following to the Corona del Mar BID Advisory Board of Directors for FY 2014- 2015: Bernie Svalstad, BPS Newport Financial Keith Dawson, Dawson & Dawson Jessica Prause, representing the Port Newport Theatre Jim Walker, The Bungalow Restaurant Karen Yould, Corona del Mar Florist Scott Laidlaw, Laidlaw Schultz Architects Shawn Lim, Rose Bakery. FUNDING REQUIREMENTS: The City of Newport Beach, or its approved designee, collects the member assessments on behalf of the Corona del Mar BID and remits the monies back to the BID for funding the activities listed in its annual report to the Council. In addition to the assessments, the City's proposed FY 2014 -2015 budget includes sufficient funding for providing $20,000 in funding to the BID to help support its operation and marketing efforts. DISCUSSION: The Corona del Mar BID was formed pursuant to the Parking and Business Improvement Area Law of 1989 (1989 Law), codified in Streets and Highways Code Sections 36500 et seq., for the purpose of financing activities and programs to benefit businesses located and operating within the area. In accordance with the 1989 Law, a public hearing must be held each year prior to the renewal of the BID. If written protests are received by the owners of the businesses within the BID which pay fifty percent or more of the total assessments to be levied, no further proceedings to renew the BID 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 specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated. If protests represent less than 50 percent of the total assessment, the City Council may renew the BID. During its May 13, 2014 regular meeting, the City Council adopted a Resolution of Intention to levy and collect assessments for the Corona del Mar BID for FY 2014 -2015 and set the public hearing for the BID renewal to take place on May 27 (Attachment A). At the same meeting, the City Council approved the Corona del Mar BID's FY 2013 -2014 Annual Report, but continued the review and approval of its proposed FY 2014 -2015 budget to the May 27 City Council meeting to allow staff time to provide additional information. (See BID Budget Issues below.) A public notice of the Resolution of Intention to levy and collect assessments for the renewal of the Corona del Mar BID and the time and place of the public hearing was published in compliance with the 1989 Law in the Daily Pilot newspaper on May 17, 2014. It was also posted on the City's website (www.newportbeachca.gov). A copy of Resolution No. 2014 -37 was also mailed to each Corona del Mar BID member. As of the time this report was published by the City Clerk, no letters of opposition to the BID renewal had been received by the City. Any subsequent correspondence, with a tabulation of the protests, will be provided to the City Council at its May 27 meeting. BID Budget Issues Spring 2013 On March 26, 2013, the City Council provided staff direction on the amount of administrative and financial support to provide to the City's BIDs. At that time, the City had four BIDs that were formed under the 1989 Law during the mid to late 1990s. The City had spent several years trying to identify a plan — acceptable to the BID Boards — that would lessen the amount of City staff time and resources dedicated to the BIDs and give the BIDs more autonomy. The proposals considered included disestablishing and reforming the BIDs under the Property and Business Improvement District Law of 1994 (1994 Law) which allows for longer terms and greater independence from the City. Another option for the BIDs was to disestablish to clear the way for the business owners to form merchants associations, completely independent of the City. The Balboa Village BID and the Marine Avenue BID opted to disestablish and form merchants associations during the summer of 2013. The Newport Beach Restaurant Association BID and Corona del Mar BID decided to maintain their status as BIDs formed under the 1989 Law. The City agreed to fund each of these four entities $40,000 per year for up to five years (through FY 2017 -2018) and an additional $10,000 each, payable directly to Newport Beach and Company (NB &Co.), should any of them choose to work with NB &Co. on marketing and branding efforts. Because the Corona del Mar BID chose to remain a BID under the 1989 Law, the City Council and the BID Board further agreed that the BID would assume more responsibility for its own administration. The Corona del Mar BID Board agreed to assume the cost of a BID administration consultant starting in FY 2013 -2014 and the cost of the accounting services consultant starting in FY 2014 -2015. Spring 2014 In March 2014, the Corona del Mar BID Board chair met with City staff and relayed his concerns about having the BID cover those costs (approximately $61,000 in FY 2014 -2015) in relation to the Corona del Mar's total annual budget of approximately $213,000. He asked if the City would consider paying for these services in the new fiscal year and into the future. In response to this request, the May 13 Council staff report included a recommendation to have the City pay the BID administration and accounting services costs in the new fiscal year. Rather than approve the recommendation and the Corona del Mar BID's proposed budget that evening, the City Council continued the budget adoption item and asked staff to return to its May 27 meeting with more information. Proposed Resolution Staff is now proposing an alternative solution designed to reduce the administrative and accounting costs for both the BID and the City. The proposal is for the City to hire a part-time fiscal clerk, solely responsible for handling the bookkeeping services for the Corona del Mar BID and the Newport Beach Restaurant Association BID. The employee would coordinate the assessment billing and collection efforts, accounts receivable and payable, prepare the monthly financial reports, and assist with posting meeting agendas and minutes. The City would terminate the agreements with the BID administration consultant and the BID accounting consultant at the upcoming expiration of their contracts (within the next few months). In exchange, the Corona del Mar BID Board would assume more administrative responsibility including developing its own meeting agendas, taking the meeting minutes and preparing other memos and /or brief reports (such as the annual report and budget). In addition, City staff from the City Manager's Office would no longer regularly attend BID Board meetings. A post - meeting list of requests and follow -up items would be relayed from a Board representative to the City Manager's Office for action via e -mail. The BID Board members would also attend a Board training session (paid for by the City) to learn more about conducting public meetings, the Brown Act and other applicable laws and City policies at least once every two years. The City would also fund and conduct a BID membership survey. It should be noted that after further discussion about having the Corona del Mar BID potentially convert to a BID formed under the 1994 Law, the City staff and the BID Board Chair removed that option from consideration this year. It was agreed that the benefit of converting to a 1994 Law BID would be minimal, as the Corona del Mar BID has few contracts to negotiate and the assessments, administration and most procedures would remain the same. Proposed Cost and Savings The City Manager estimates the cost of hiring a part-time fiscal clerk will be $45,000 per year. Therefore, staff is proposing to reduce the City funding for the BID from $40,000 per fiscal year to $20,000 per fiscal year. If approved by the City Council, the reduction in revenue to the BID would equal a reduction its projected expenses. The Corona del Mar BID Board Chairman met with the City Manager and staff to discuss the proposed, alternative solution and found it to be acceptable. If this option is approved by the City Council, the Corona del Mar BID's proposed FY 2014- 2015 budget (see attachment B) first presented to the Council on May 13 would need to be adjusted. The City Council has the authority to amend the BID's budget prior to its adoption. Therefore, staff recommends adjusting the operating budget to reduce the amount of City funding listed under Sources of Funds from $40,000 to $20,000. Then, under Use of Funds, the Gateway- MacArthur & PCH line item would be reduced from $35,000 to $25,000 and the Marguerite Project line item would be reduced from $70,625 to $60,625. A revised, proposed budget is included as Attachment C. Delinquent Assessments The Corona del Mar BID Board is concerned about the amount of delinquent assessments and has been contacting the delinquent members to educate them on the benefits of the BID. City staff has been researching the BID's options for pursuing delinquent assessments and those could potentially include using a collection agency and /or taking a delinquent assessee to small claims court. The idea of withholding a delinquent assessee's business license has been raised several times during the past few years. Staff is reluctant to pursue this option, as business licenses are not regulatory in nature. Staff is also investigating the feasibility of assessment billing alternatives such as placing the assessment fee on a business' municipal services statement. In the new fiscal year, the Board will work with City staff on possible revisions to its membership structure and assessment structure. Any proposed changes would need to be presented to the City Council for its consideration. Advisory Board Appointments The City Council has the authority to appoint an advisory board to the BID. The City may limit membership on the advisory board to persons subject to the BID assessment. The Board that serves the Corona del Mar 1989 Business Improvement District is different and distinct from other advisory bodies within the City and is not appointed in the same manner. The City relies upon the Streets and Highways Code for BID Board appointments rather than Council Policy A -2. The Corona del Mar BID Advisory Board's bylaws allow up to seven members. At its May 22 meeting, the Corona del Mar BID Board reviewed the nine submitted board applications. The Board was exicted that there were more applicants than seats. During the discussion, two of the current Board members opted to step down to allow the two new applicants a chance to serve on the Board. The Board intends to update its bylaws to increase the number of Board members to nine to reappoint the two existing members. The following have been recommended by the Board for City Council appointment to the Corona del Mar BID Advisory Board of Directors for FY 2014 — 2015: Bernie Svalstad, BPS Newport Financial Keith Dawson, Dawson & Dawson Jessica Prause, representing the Port Newport Theatre Jim Walker, The Bungalow Restaurant Karen Yould, Corona del Mar Florist Scott Laidlaw, Laidlaw Schultz Architects Shawn Lim, Rose Bakery. Therefore, City staff is recommending adoption of Resolution 2014 -46, a Resolution Confirming the Levying of Assessments for Fiscal Year 2014 -2015 for the Corona del Mar Business Improvement District (Attachment D) and subsequent approval of the proposed Board of Directors. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - May 13, 2014 City Council Staff Report Attachment B - Corona del Mar BID Proposed BY 2014 -15 Budget Attachment C - Carona del Mar BID Revised Budget Attachment D - Resolution No. 2014 -46, Confirming the Levy of Assessment ATTACHMENT A - 5/13/14 Staff Report / CITY OF 4 NEWPORT BEACH City Council Staff Report May 13, 2014 Agenda Item No. 4. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager— (949) 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Mary Locey, Public Information Specialist PHONE: 949 - 644 -3031 TITLE: Resolution of Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments in FY 2014 - 2015 ABSTRACT: The Corona del Mar Business Improvement District (Corona del Mar BID) Board of Directors has submitted the BID's FY 2013 - 2014 Annual Report for City Council approval and requests renewal of the BID for FY 2014 - 2015. RECOMMENDATION: a) Approve the Corona del Mar Business Improvement District FY 2013 - 2014 Annual Report; and b) Adopt Resolution 2014 -36, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2014 to June 30, 2015, and Fix the Time and Place of a Public Hearing for May 27, 2014; FUNDING REQUIREMENTS: The City of Newport Beach, or its approved designee, collects the member assessments on behalf of the Corona del Mar BID and remits the monies back to the BID for funding the activities described in the attached annual report. In addition to the assessments, last year, the City agreed to provide $40,000 each year for five years (ending in FY 2017 -18) to support the Corona del Mar BID for marketing and public area improvements. This year, the Corona del Mar BID board has requested further funding assistance from the City. In an effort to help the Corona del Mar BID achieve its goals, staff is offering to cover the costs of the BID administration and accounting services which are estimated to be approximately $61,000. 196 ATTACHMENT A - 5/13/14 Staff Report DISCUSSION: The Corona del Mar Business Improvement District (Corona del Mar BID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (1989 Law), codified in Streets and Highways Code Sections 36500 et seq., for the purpose of financing activities and programs to benefit businesses located and operating in the area. The Corona del Mar BID territory encompasses the area generally located on East Coast Highway from Hazel Drive to Avocado Avenue in Corona del Mar. (Boundary Map is attached to the Resolution as Exhibit A.) The Corona del Mar BID is nearing the end of its FY 2013 - 2014 and the Board of Directors has requested renewal of the BID for FY 2014 - 2015. Pursuant to the 1989 Law, an annual report must be prepared and a public hearing must be held prior to the BID's renewal. The Corona del Mar BID Board of Directors, which serves in an advisory capacity to the City Council, has prepared and submitted the attached annual report (Attachment A) for the Council's review and approval. The report includes a summary of the BID's FY 2013 -2014 accomplishments and revenues as well as its proposed activities and budget for the new fiscal year. The report does not contain recommendations to alter the BID boundaries or the method and basis for levying assessments. Funding Issues On March 26, 2013, the City Council directed staff on several efforts regarding the future of the City's BIDS. The Balboa Village BID and the Marine Avenue BID opted to disband and form merchants associations. The Newport Beach Restaurant Association BID and Corona del Mar BID chose to remain "1989 Act" BIDs. The City agreed to fund each of these four entities $40,000 per year for up to five years (through FY 2017 -2018) and an additional $10,000, payable directly to Newport Beach and Company (NB &Co.), for the groups that choose to work with NB &Co. on marketing and branding efforts for one year only. Because the Corona del Mar BID opted to remain a 1989 BID, the City Council and the BID Board further agreed that the BID would assume more responsibility for its own administration to alleviate the need for City staff time. This included absorbing the cost of a BID Administrator to manage the day -to -day administrative functions starting in FY 2013 -2014 and the costs of accounting services starting in FY 2014 -2015. In April, the Corona del Mar BID board chair expressed concern with the cost of the administrative and accounting services — $61,000. He would like the City to pay for these services in the new fiscal year and into the future. FY 14 Accomplishments The Corona del Mar BID has been hard at work this past fiscal year further refining its Vision 2020 revitalization projects and maintenance programs. The board developed a priority list of projects that are detailed in the attached annual report. A few highlights are noted below: . Gateway Improvement Project — $35,000 is included in the Corona del Mar BID's FY 2014- 2015 budget to contribute to this project. The project has been a top priority for the BID for many years. The project would improve the entrance at MacArthur Boulevard and East Coast Highway with a widened sidewalk, landscaping and the relocation of eight parking spaces. The BID Board understands that the Parking Management Plan currently under 197 ATTACHMENT A - 5/13/14 Staff Report review by the City needs to be completed and incorporated with this project. • Marguerite Beautification Project — $70,625 is included in the Corona del Mar BID's FY 2014 -2015 budget for the cost of phase 1 of this project which includes stamped 5' diameter flowers on the four corners of the Marguerite Avenue and East Coast Highway intersection and the 15 other flower named streets in the Village. At the April 24 BID Board meeting, the draft concept plan was presented (see attachment B). Based on feedback from some area residents, additional outreach and public meetings will be held to further refine the project. In addition, the Corona del Mar BID will work closely with the City on project feasibility, timing and implementation. • Website Upgrade — The Corona del Mar BID's current website is shared with the Corona del Mar Chamber of Commerce and is in need of updating. BID representatives have met with Newport Beach & Company representatives to discuss the development of a new website to accomplish the CdM BID's goals of 1) marketing, advertising and public relations, 2) highlighting the various projects and maintenance programs, 3) the promotion of public events that take place within the district's boundaries, 4) the promotion of local retail trade activities, and 5) providing a means for general online administration of the BID. If the Corona del Mar BID chooses to work with NB &Co., the City's offer of providing $10,000 would need to be extended into FY 2014 -2015. If approved, the $10,000 would be paid directly to NB &Co. to help offset some of the costs for the BID's new website. The remainder of the FY 2014 -2015 activities listed in the annual report include the ongoing and regular efforts of the Corona del Mar BID for the general maintenance of landscaping and street furniture and the marketing and community outreach of events and activities that occur within the Corona del Mar BID boundaries. City staff is recommending adoption of Resolution 2014 -36, a Resolution of Intention to renew the Corona del Mar Business Improvement District (Attachment C) and levy assessments in Fiscal Year 2014 - 2015 and setting the public hearing date for renewing the Corona del Mar BID for May 27, 2014. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - FY 2013 -2014 Corona del Mar BID Annual Report; FY 2014 -2015 Priorities and Budget Attachment B - Draft Marguerite Beautification Project Concept Plan Attachment C - Resolution of Intention to Renew the Corona del Mar Business Improvement District - Resolution 2014 -36 .; ATTACHMENT A - 5/13/14 Staff Report Corona del Mar Business Improvement District FISCAL YEAR 2013 -2014 ANNUAL REPORT This is the annual report for the eighteenth year of the Corona del Mar Business Improvement District, as required by Section 36533 of the California Streets and Highways Code. 1. Proposed Changes to the District Boundary There are no changes proposed to the district boundaries 2. Improvement and Activities for the Fiscal Year of July 1, 2014 to June 30, 2015 VISION 2020 - REVITALIZATION IMPROVEMENTS & MAINTENANCE The following are revitalization project improvements and maintenance programs planned for Corona del Mar's Business District (BID) for the fiscal year 2014 -2015. These expenditures are consistent with the BID's Vision 2020 plan: 2.1 Gateway Improvement (MacArthur & PCH) Project The Business Improvement District will be working with the City of Newport Beach (City) on continued improvements to the gateway entrance at MacArthur & PCH with a modified plan to widen the sidewalk, add dramatic landscape improvements and relocate eight parking spaces. For FY 2014 -15, the City Council has approved at a study session a recommendation of $350,000 to be included in the City budget and the BID has budgeted $35,000 (10 %) to be applied toward this project. 2.2 Marguerite Beautification Project The Board seeks to develop various improvements in landscaping, streetscape, and other items to continue creating a sense of identity for the Village at the intersection of Marguerite and Coast Highway. The BID plans to pay 100% of the Phase 1 costs for this beautification project in FY 2014 -15 and has budgeted $70,625 toward this goal. Phase 1 will include the imprinting of 5' diameter flower shaped medallions on the four sidewalk corners at the intersections of Marguerite /PCH and fifteen other flower named streets. Additional irrigated potted plantings are also included in this phase. 2.3 Tree Wells Maintenance The BID will continue to provide maintenance through a landscape agreement to assure the proper care and cultivation of 180 tree well areas. 2.4 Landscaping Maintenance The BID will continue to provide oversight of overall landscaping in the Village working closely with the City. The BID will also pay for the upkeep and repair of the irrigation backflow valves that water the street trees. 2.5 Street Furniture Maintenance The BID will continue to maintain and refurbish existing street furniture including trash receptacles, benches and bus stops to ensure quality aesthetics. In 199 ATTACHMENT A - 5/13/14 Staff Report addition, the BID will be working with the City on proposed changes to the municipal code evaluating the condition and placement of Newspaper stands. VISION 2020 — MARKETING & MEMBER BENEFITS 2.6 Website & Communications The BID has been working with an antiquated website platform for many years and has begun efforts in FY 2013 -14 to rebuild its website. During FY 2014 -15, the BID will continue working with the City and a selected website designer /developer to build a state of the art website to enhance the online branding of the District, increase exposure to the BID projects and accomplishments, and improve electronic member communications. The BID shall coordinate changes to content, transfer of maintenance and hosting and related tasks with developers for a successful and useful web presents. 2.7 Marketing Media Campaigns The BID will manage a Shop Local Ad Campaign for Corona del Mar's Business District. The campaign will highlight seasonal shopping and unique offerings of the Village shops and businesses. The BID will maintain the existing Social Media Platform and develop methods to improve electronic communications with its members. The Social Media tools allow further promotions of shopping local campaigns and utilizing local merchants within the District. Social media sites will include Facebook, Instagram, Pinterest and Twitter. The BID will maintain the existing BID marketing programs and develop new strategic campaigns to promote economic growth within the District as it does each year. The BID will continue media relations with local press and community associations and maintain or develop new BID marketing collateral. 2.8 Corona del Mar BID Directory & BID Brochure The BID shall continue to produce and publish the annual business membership promotional publication called the Corona del Mar Business Directory (Directory). The Directory shall list and market the Corona del Mar BID Members in a colorful print publication campaign for shopping local and mailed to 12,000 households in Corona del Mar and surrounding areas. The BID will also update its annual Vision 2020 brochures listing the BID recent accomplishments and future goals. This brochure will be distributed with the annual member assessment mailings in July. 2.9 Christmas Walk The BID will contribute funds to the CdM Chamber to sponsor the annual Christmas Walk, which successfully stimulates the economic climate of the District and provides a promotional platform for all businesses within the District boundaries and beyond. 2.10 Pacific Coast Hwy Dolphin Topiary Program The BID will continue to fund, coordinate and store the festive seasonal decorations of the Dolphin Topiaries at the intersection of Marguerite and Coast 200 ATTACHMENT A - 5/13/14 Staff Report Highway. The BID continues to receive countless online communications from the local community on the value of this traditional program. 2.11 Street Light Banner Program The BID will continue to fund and coordinate the rotating Street Light Pole Banner Program to highlight the annual CDM Signature Community events (Scenic 5K, Coastline Classic Car Show, Christmas Walk) as well as the Happy Holidays Banners. The BID will continue to work with the vendor and the City on permits, schedules and installation /breakdown. The Street Light Pole Banner Program continues to offer the Business District a sense of community spirit and promotion. 2.12 Business District Holiday Decor Program The BID will continue to fund and coordinate installation and maintenance of the annual Holiday Decorations within the Business District. The BID will work with the contract vendor and the City on annual permits, lighting maintenance, & installation /breakdown as in past years. 2.13 Marketing Consulting & Reporting The BID will contract with a marketing consultant to formulate, coordinate and administer the marketing efforts of the BID and report to the Board routinely on the results of the marketing activities. VISION 2020 — OUTREACH 2.14 Annual Town Meeting The BID will continue to hold and produce the Annual Town Meeting for Corona del Mar and coordinate a "State of the Business District Address' to its members and residents alike. The meeting serves as an outreach platform and community gathering for the District. The Annual Meeting is required by the BID bylaws. 2.15 Business Beautification Award Program The BID will continue to pay for and manage the successful bi- monthly Business Beautification Award Program by identifying business locations within the District who have renovated, remodeled or enhanced the aesthetics of their storefronts contributing to the overall Vision 2020 Plan. Recipients of the award receive media attention and an award at a community event. 2.16 Outreach Materials & Mailings The BID shall continue to communicate with the community through exhibiting at various monthly and annual events. Programs, collateral and BID announcement will be available, displayed and communicated through the CDM Chamber of Commerce, Residents Association and at other community events. The BID will continue to mail members who have paid their membership assessments a membership decal signifying they are in good standing with the BID. 201 ATTACHMENT A - 5/13/14 Staff Report VISION 2020 — ADMINISTRATION 2.17 Administrative Services The BID shall work with City to retain professional administrative services to handle periodic mailings, member communications, database management, meeting coordination, preparation of meeting agendas and minutes and other administrative tasks. The BID shall provide a BID Administrator to serve as liaison with the City, the BID's accountant, and other contractors of the BID. The BID Administrator will coordinate BID Business and shall drastically eliminate the need for City staff time and attention. The BID administrator is proposed to be funded by the City. 2.18 Accounting Services The BID shall work with City to retain professional accounting services to handle the annual assessment billings to the BID members and monthly accounting functions including processing of collection and payments and preparation of bank reconciliations and financial reports. The BID accounting services are proposed to be funded by the City. 2.19 Administrative Expenses The BID shall continue to operate & conduct general business through the BID Administrator who shall provide for a physical mailing address, telephone answering service, office equipment, meeting space and storage of BID collateral. 2020 Vision Plan Revisions The Board continues to reevaluate and revise the 2020 Vision Plan. Subcommittee meetings to develop new objectives will continue to be held. Efforts will continue to inform business and residential communities of the findings of the board. 3. Estimated Cost of Improvements & Activities for FY 2014 -15 Improvements $105,625 Maintenance 23,500 Marketing 72,900 Outreach 6,075 Administration 4,700 Total $212,800 4. Method and Basis of Levying the Assessment Shall Continue as Follows: The benefit assessments will be collected by the City in one installment. The benefit assessment shall be equal to one hundred fifty percent (150 %) of the City's annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code. The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.08 of the Municipal Code, providing that the penalty amount added shall in no event exceed one hundred percent (100 %) of the assessment amount due. Individuals with more than one business entity within the assessment boundaries shall only be required to pay the District assessment for the largest business, shall be exempt from assessments on additional businesses within the District, and shall continue to pay required business license fees in accordance with 202 ATTACHMENT A - 5/13/14 Staff Report Chapter 5.08 of the Municipal Code. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year. Insurance agencies that are exempt from City business license regulations shall be assessed $250 per year. Persons operating in one of the following types of businesses, as an independent contractor in an establishment owned by another person shall be exempt from this assessment: 1. Hair stylists; 2. Nail technicians; 3.Real estate agents. Assessments shall be collected in one annual installment at the beginning of the fiscal year, and be pro -rated for new businesses that open during the fiscal year. The BID is considering recommending a more aggressive collection effort on delinquent member assessments. S. Surplus Carryover from Fiscal Year 2013 -2014 It is estimated that approximately $66,800 will be carried over from FY 2013 -2014 to FY 2014 -2015. 6. Sources of Contributions from other than levy In addition to the annual BID assessments to members, the BID assumes there will be the following additional funds contributed from the City of Newport Beach to BID programs and projects for the FY 2014 -2015: Service Projects a. City Standard Annual Contribution: $ 40,000 b. Gateway Entry Project Construction: City budget (1) 350,000 c. Administrative and Accounting Services: Approximate 61,000 Total $ 101,000 $350,000 (1) The BID has budgeted $35,000 toward this project for FY 2014 -2015. Prior Year Accomplishments The FY 2013 -2014 was a relatively successful one for the District. The BID billed $113,550 in member assessments and collected $103,843, a 91% collection rate. The City also contributed $40,000 as the first installment of a five -year commitment to support the BID. The BID successfully began work or completed projects & programs, maintained existing programs and developed new projects within the CdM Village: : �ai�ra�rc��� •r�h�l�:z•�•�a��la�� Gateway Improvement (MacArthur & PCH) — Continued to work with City staff in proposing design alternatives for the proposed Gateway project. Funded lane drop tests and landscaping for the project ($14,265). Communicated BID positions on Gateway project at 2014 Annual Meeting. Parking Management Plan — Continued to work with City staff and attend public meetings on the CdM Village parking management plan. Delivered letter to City stating BID support of short term parking strategies as presented in the draft Parking Management Plan Report. Communicated BID positions on parking strategies at 2014 Annual Meeting. Marguerite Project Design — Retained design architect to propose various beautification designs for the Marguerite /PCH intersection and other streets along PCH within the CdM 203 ATTACHMENT A - 5/13/14 Staff Report Village ($3,000). Communicated project designs to the CdM community at 2014 Annual Meeting. "Bike the CdM Village" Bike Racks — Installed fifty new bike racks along PCH bearing the "Bike the CdM Village" logo ($14,514). MAINTENANCE Sidewalk Steam Cleaning — Steam cleaned the sidewalks along PCH ($4,300). Street Furniture & Maintenance — Re -power coated thirty trash receptacles ($7,441). Added one new trash receptacle in front of the candy shop ($1,323). Tree Wells / / Landscaping- Continued with ongoing maintenance and beautification of tree wells ($17,245). MARKETING & MEMBER BENEFITS Website redesign & update — Continued to work with the City and with Newport Beach & Co. on proposed redesign and modernization of the BID website going into FY 2014 -15. This effort was partially funded by a $10,000 grant from the City. Business District Holiday Decor Program / Street Light Banner Program / Coast Hwy Dolphin Topiary Program / Christmas Walk — Continued long standing programs within the BID to promote beautification and commerce with the CdM Village ($32,671). Corona del Mar Business District Directory / Advertising Campaigns / Social Media & Online Marketing / Marketing Campaigns & Collateral ($14,370). OUTREACH Annual Town Meeting / Beautification Award / Membership Decals — Continued outreach to the CdM Village community and BID members through the designated meetings and programs ($2,026). ADMINISTRATION BID Administrator — Teamed with the City to issue RFP for new BID Administrator resulting in the hiring of Willdan Financial Services as the BID Administrator for FY 2013 -14. Successfully worked through transition from existing to new administrator ($45,500). Toll free 888 phone number — Set up new 888 toll free number (888- 492 -8464) for the BID that allows callers to select from multiple extension connecting directly to BID administration, marketing, and accounting ($494). The members of the Corona del Mar Business Improvement District want to thank the City Council for its financial support and efforts on behalf of the BID. The following is the Corona del Mar Business Improvement District proposed operating budget for the Fiscal Year July 1, 2014 to June 30, 2015. 204 ATTACHMENT A - 5/13/14 Staff Report Corona del Mar Business Improvement District Proposed Operating Budget Fiscal Year July 1, 2014to June 30, 2015 Source of Funds Budget Memher Assessment (net) $ 105,000 City Matching Funds 40,000 Carry over contribution from FY 2013 -14 55,800 Total Sources of Funds $ 212,800 Use of Funds Improvements: Gateway - MacArthur & PCH $ 35,000 Marguerite Project 70,525 Maintenance: 23,500 Backflow Valve LandscapefTree Wells Street Furniture Repa i rslC o nti ngen c ies Marketing: 72,900 Print media Website Maintenance /Development Collateral/Brochures Consulting (Reporting) Directory Christmas Walk Dolphins Banner Program Holiday Decor Outreach: 5,075 Contributions (Sherman Gardens) Annual Meeting Beautification Award Membership decals Public Relations Marguerite Programs Mailings Administration: 4,700 Meeting facilities Bank Charges Toll Free Phone Line Total Uses of Funds $ 212,800 7 205 ATTACHMENT A - 5/13/14 Staff Report FY 2014 -2015 Economic Analysis of BID Benefit to City The Corona del Mar Business Improvement District appreciates the City's ongoing support during FY 2014 -2015 and would like to present the following economic benefit analysis to Council. Improvements /Maintenance benefits to City paid through BID Assessments: Improvements (Gateway; Marguerite Projects) Maintenance to City property Total Benefit to City Financial and Services Support to BID paid by City: City matching funds BID Administration & Accounting Support Total Benefit to BID Net Benefit to the City $105,625 23,500 $128,500 $40,000 61,000 $101,000 $ 27,500 206 New Planting Areas Prepcsetl naHluPattems crosswalk ' P 5'Dla. Corner Flower Medallions j Eating Bank Lantlewpe Proposed Planar POk1 a fill s ma. Exi Reagan Lot aoolemeLazoecoM.rk _ Logo FlOwar Metlalllon � - High Traffic Volume Zone Cmaswalk Ma ten al: ad noplieatc Hawtlurable performetl [M1er anti moplasac peuement marking material. Medallion Material r Denial Logo rote -------- gr --- pre - 1 tmmetl bormoplasti ..Vnt marking met dal. By Drnis-Flird (eyeau nnisflintsond Marguerite Intersection Concept Plan _ Hern Rn � Marguente Avenue ATTACHMENT A - 5/13/14 Staff Report ATTACHMENT B North Looking Dom Marguerite AVeno L r om ComeeFlayaf Metlalllors� O O I' Ertingmanbng0�-k Q iopleHes 1 I. Pebifi<COartHiglrway S . Q t ie 2 Corona del Mar Street Improvement Diagram Diagram Legend: Major /Prhrmy orseNO, Olanown Framr: oweakee nberglass Minor /Gemntlary Pterseetion wuxommwnRaeglas . am Gallni lBUIM 9 0 Planter Pot Options Bali Nml Publ¢ParlJng LOt wayfinchre gn concept South Corner Looking North Across PCH Poppy Avenue at PC (Secondary) - 5'ola.CamerFlmrer' Mar ma - Pmposetl Planter POls , • - 5' Diameter Marguerite Flower Medallion moewsxasyn raraysnnw• PraPOSetl Gtrret Glg>t Nate: r�-P" concepts Each Intersection in the business district will incorporate 4 -5 halt Sheet Sign Alternative Elevations Diameter Sidewalk Flower Medallions. Eatingstromslgn IrBusiness District Intersections on Pacific Coast Highway , -- -� Dme:AP r1126.201 a Corona del Mar Street Improvements 207 is law'. - � •fir :,'�',. s ma. Exi Reagan Lot aoolemeLazoecoM.rk _ Logo FlOwar Metlalllon � - High Traffic Volume Zone Cmaswalk Ma ten al: ad noplieatc Hawtlurable performetl [M1er anti moplasac peuement marking material. Medallion Material r Denial Logo rote -------- gr --- pre - 1 tmmetl bormoplasti ..Vnt marking met dal. By Drnis-Flird (eyeau nnisflintsond Marguerite Intersection Concept Plan _ Hern Rn � Marguente Avenue ATTACHMENT A - 5/13/14 Staff Report ATTACHMENT B North Looking Dom Marguerite AVeno L r om ComeeFlayaf Metlalllors� O O I' Ertingmanbng0�-k Q iopleHes 1 I. Pebifi<COartHiglrway S . Q t ie 2 Corona del Mar Street Improvement Diagram Diagram Legend: Major /Prhrmy orseNO, Olanown Framr: oweakee nberglass Minor /Gemntlary Pterseetion wuxommwnRaeglas . am Gallni lBUIM 9 0 Planter Pot Options Bali Nml Publ¢ParlJng LOt wayfinchre gn concept South Corner Looking North Across PCH Poppy Avenue at PC (Secondary) - 5'ola.CamerFlmrer' Mar ma - Pmposetl Planter POls , • - 5' Diameter Marguerite Flower Medallion moewsxasyn raraysnnw• PraPOSetl Gtrret Glg>t Nate: r�-P" concepts Each Intersection in the business district will incorporate 4 -5 halt Sheet Sign Alternative Elevations Diameter Sidewalk Flower Medallions. Eatingstromslgn IrBusiness District Intersections on Pacific Coast Highway , -- -� Dme:AP r1126.201 a Corona del Mar Street Improvements 207 ATTACHMENT A - 5/13/14 Staff Report ATTACHMENT C RESOLUTION NO. 2014 - 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2014 TO JUNE 30, 2015, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Corona del Mar Business Improvement District ( "CdM BID ") was established in 1996 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the "1989 Law "), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, the Advisory Board, known as the Corona del Mar Business Improvement District Board of Directors, has prepared an Annual Report for the 2013- 2014 fiscal year which is on file in the Office of the City Clerk; and WHEREAS, on May 13, 2014, the CdM BID Annual Report was filed and approved by the City Council. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares its intention to renew the CdM BID for fiscal year 2014 -2015 pursuant to the 1989 Law. Section 2: The City Council hereby declares the intention to levy assessments for the CdM BID for the fiscal year July 1, 2014 to June 30, 2015 pursuant to the 1989 Law. Such benefit assessment shall be as follows: A. Banks and financial institutions that are exempt from City business license regulations shall be assessed Five Hundred Dollars ($500) per year. B. Insurance agencies that are exempt from City business license regulations shall be assessed Two Hundred Fifty Dollars ($250) per year. Resolution No. 2013 — 36 Corona del Mar Business Improvement District 208 ATTACHMENT A - 5/13/14 Staff Report I C. Persons operating one of the following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: 1. Hair stylists 2. Nail technicians 3. Real estate agents. D. The assessment for all other businesses within the CdM BID shall be one hundred fifty percent (150 %) of the annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code. Section 3: The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.04 of the Newport Beach Municipal Code, providing that the penalty to be added shall in no event exceed one hundred percent (100 %) of the assessment amount due. Section 4: The benefit assessments shall be collected by the City, or its designee, in one annual installment. The assessment for new businesses shall be pro- rated according to the number of full months remaining in the CdM BID's fiscal year. Section 5: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing, advertising, and public relations 2. Public area improvements and maintenance programs 3. Promotion of public events that are to take place on or in any public places in the area 4. General promotion of retail trade activities 5. Administration. The implementation of these actions is more fully described in the CdM BID Fiscal Year 2013 -2014 Annual Report, which is on file with the Office of the City Clerk. Section 6: The location of the CdM BID will remain the same: Generally located on East Coast Highway from Hazel Drive to Avocado Avenue, as set forth with greater specificity in the map attached as Exhibit A, and incorporated herein by reference. Resolution No. 2014 - 36 Corona del Mar Business Improvement District 209 ATTACHMENT A - 5/13/14 Staff Report 3 BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on May 27, 2014 at 7 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California at which time the Council will hear all interested persons for or against the renewal of the CdM BID, the extent of the CdM BID and the specific types of improvements or activities to be funded by the benefit assessment. During the public hearing, the City Council shall hear and consider all protests against the establishment area, or the furnishing of specified types of improvements or activities within the area. Protests may be made orally or in writing, but if written shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of the businesses within the CdM BID which pay fifty percent (50 %) or more of the total assessments to be levied, no further proceedings to renew the CdM BID 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 specific type or types of improvements or activity or benefit within the CdM BID, those types of improvements or activities or benefit zones shall be eliminated. Further information regarding the proposed CdM BID renewal may be obtained at the City Manager's Office, 100 Civic Center Drive, Newport Beach, CA 92660;949- 644 -3035. The City Clerk shall cause this resolution of intention to be published once in a newspaper of general circulation in the City at least seven days before the public hearing. Resolution No. 2014 - 36 Corona del Mar Business Improvement District 210 ATTACHMENT A - 5/13/14 Staff Report 4 This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of the City of Newport Beach at a regular meeting held on the 13th day of May, 2014. ATTEST: Leilani I. Brown, City Clerk Attachment: Exhibit A (Boundary Map) Rush N. Hill, II, Mayor Resolution No. 2014 - 36 Corona del Mar Business Improvement District 211 N WZP'%- E VS 0 \ \V500 1,000 Name: 7, Corona del Mar Business Improvement District I 212 Attachment B Corona del Mar Business Improvement District Proposed Operating Budget Fiscal Year July 1, 2014to June 30, 2015 Source of Funds Budget Memher Assessment (net) $ 105,000 City Matching Funds 40,000 Carry over contribution from FY 2013 -14 55,800 Total Sources of Funds $ 212,800 Use of Funds Improvements: Gateway - MacArthur & PCH $ 35,000 Marguerite Project 70,525 Maintenance: 23,500 Backflow Valve LandscapefTree Wells Street Furniture Repa i rslC o nti ngen c ies Marketing: 72,900 Print media Website Maintenance /Development Collateral /Brochures Consulting (Reporting) Directory Christmas Walk Dolphins Banner Program Holiday Decor Outreach: 5,075 Contributions (Sherman Gardens) Annual Meeting Beautification Award Membership decals Public Relations Marguerite Programs Mailings Administration: 4,700 Meeting facilities Bank Charges Toll Free Phone Line Total Uses of Funds $ 212,800 ATTACHMENT C Proposed Revised CdM BID Budget Corona del Mar Business Improvement District Proposed Operating Budget July 1, 2014 — June 30, 2015 Sources of Funds Amount Revised Member Assessment (net) $ 106,000 $ 106,000 City Matching Funds 40,000 20,000 Carry over contribution from FY 2013 -14 66,800 66,800 TOTAL SOURCES $ 212,800 $ 192,800 Use of Funds Amount Revised Improvements: Gateway - MacArthur & PCH $ 35,000 $ 25,000 Marguerite Project 70,625 60,625 Maintenance: 23,500 23,500 Backflow Valve Landscape/Tree Wells Street Furniture Repairs /Contingencies Marketing 72,900 72,900 Print media Website Maintenance /Development Collateral /Brochures Consulting (Reporting) Directory Christmas Walk Dolphins Banner Program Holiday Decor Outreach: 6,075 6,075 Contributions (Sherman Gardens) Annual Meeting Beautification Award Membership decals Public Relations Marguerite Programs Mailings Administration: 4,700 4,700 Meeting facilities Bank Charges Toll Free Phone Line TOTAL USES: $ 212,800 $ 192,800 Page 1 of 1 FIN ireTIRMAlNIZI!del RESOLUTION NO. 2014 -46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2014 TO JUNE 30, 2015 FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT WHEREAS, on May 13, 2014 the Corona del Mar Business Improvement District annual report was filed and approved by the City Council, minus the budget component which was reviewed by the City Council on May 13 2014, and approved by the City Council on May 27, 2014; WHEREAS, on May 13, 2014 the City Council adopted and published a Resolution of Intention (No. 2014 -36) declaring the intention to levy assessments for the Corona del Mar Business Improvement District for fiscal year July 1, 2014 to June 30, 2015; and WHEREAS, a public hearing regarding the renewal of the Corona del Mar Business Improvement District was held on May 27, 2014 without a majority protest. NOW, THEREFORE, the City Council of the City of Newport Beach hereby confirms the levy of assessments as described in the Resolution of Intention, dated May 13, 2014, for the Corona del Mar Business Improvement District for the fiscal year July 1, 2014 to June 30, 2015. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of the City of Newport Beach at a regular meeting held on the 27th day of May 2014. ATTEST: Leilani I. Brown, City Clerk Rush N. Hill, II, Mayor Resolution No. 2014 -46 Corona del Mar Business Improvement District , • 3W • - CITY CLERK'S OFFICE Leilani I. Brown, MMC May 14, 2014 Dear Corona del Mar Business Improvement District Member: On May 13, 2014, the Newport Beach City Council adopted Resolution No. 2014 -36, A Resolution of the City Council of the City of Newport Beach Declaring Its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2014 to June 30, 2015 and Fix the Time and Place of the Public Hearing. This was the first step in renewing the Business Improvement District for another one -year term and levying member assessments for the new fiscal year that begins on July 1, 2014. A copy of the resolution is enclosed. The next and final step is for the City Council to hold a public hearing on the proposed renewal of the Corona del Mar Business Improvement District (CdM BID). The public hearing will be held on Tuesday, May 27, 2014 at 7 p.m. in the Newport Beach Council Chambers, Newport Beach Civic Center, 100 Civic Center Drive, Newport Beach, CA 92660. You are welcome to attend the public hearing to provide your comments on the CdM BID's renewal. Written comments may also be submitted in advance of the meeting and /or hearing to the City Clerk's Office, 100 Civic Center Drive, Bay E, Newport Beach, CA, 92660 or citvclerk(u-)newoortbeachca.gov. nyre�v. .,i Pvar,.. Leilani I. Brown City Clerk Enclosed: Resolution No. 2014 -36 100 Civic Center Drive a Post Office Box 1768 ® Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 a Fax: (949) 644 -3039 • www.newportbeachca.gov RESOLUTION NO. 2014 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2014 TO JUNE 30, 2015, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Corona del Mar Business Improvement District ( "CdM BID ") was established in 1996 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the "1989 Law'), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, the Advisory Board, known as the Corona del Mar Business Improvement District Board of Directors, has prepared an Annual Report for the 2013 -2014 fiscal year which is on file in the Office of the City Clerk; and WHEREAS, on May 13, 2014, the CdM BID Annual Report, minus the budget component which will be further reviewed, was filed and approved by the City Council. follows: NOW, THEREFORE, the City Council of the City of Newport Beach resolves as Section 1: The City Council hereby declares its intention to renew the CdM BID for fiscal year 2014 -2015 pursuant to the 1989 Law. Section 2: The City Council hereby declares the intention to levy assessments for the CdM BID for the fiscal year July 1, 2014 to June 30, 2015 pursuant to the 1989 Law. Such benefit assessment shall be as follows: A. Banks and financial institutions that are exempt from City business license regulations shall be assessed Five Hundred Dollars ($500) per year. B. Insurance agencies that are exempt from City business license regulations shall be assessed Two Hundred Fifty Dollars ($250) per year. C. Persons operating one of the following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: I . Hair stylists 2. Nail technicians 3. Real estate agents. D. The assessment for all other businesses within the CdM BID shall be one hundred fifty percent (150 %) of the annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code. Section 3: The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.04 of the Newport Beach Municipal Code, providing that the penalty to be added shall in no event exceed one hundred percent (100 %) of the assessment amount due. Section 4: The benefit assessments shall be collected by the City, or its designee, in one annual installment. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the CdM BID's fiscal year. Section 5: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing, advertising, and public relations 2. Public area improvements and maintenance programs 3. Promotion of public events that are to take place on or in any public places in the area 4. General promotion of retail trade activities 5. Administration. The implementation of these actions is more fully described in the CdM BID Fiscal Year 2013 -2014 Annual Report, which is on file with the Office of the City Clerk. Section 6: The location of the CdM BID will remain the same: Generally located on East Coast Highway from Hazel Drive to Avocado Avenue, as set forth with greater specificity in the map attached as Exhibit A, and incorporated herein by reference. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on May 27, 2014 at 7 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California at which time the Council will hear all interested persons for or against the renewal of the CdM BID, the extent of the CdM BID and the specific types of improvements or activities to be funded by the benefit assessment. During the public hearing, the City Council shall hear and consider all protests against the establishment area, or the furnishing of specified types of improvements or activities within the area. Protests may be made orally or in writing, but if written shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of the businesses within the CdM BID which pay fifty percent (50 %) or more of the total assessments to be levied, no further proceedings to renew the CdM BID 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 specific type or types of improvements or activity or benefit within the CdM BID, those types of improvements or activities or benefit zones shall be eliminated. Further information regarding the proposed CdM BID renewal may be obtained at the City Manager's Office, 100 Civic Center Drive, Newport Beach, CA 92660; 949 -644- 3035. The City Clerk shall cause this resolution of intention to be published once in a newspaper of general circulation in the City at least seven days before the public hearing. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of the City of Newport Beach at a regular meeting held on the 13th day of May, 2014. ATTEST: owk - / vV ' Leilani I. Brown, City Clerk Attachment: Exhibit A (Boundary Map) Rush N. Hill, II, Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014 -36 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13"' day of May, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14'h day of May, 2014. agii'Ap- City Clerk Newport Beach, California (Seal) Easy peel® Labels i A Bend along line to l $ —//t\� AVERY@ 5160® Use Avery® Template 51601D A, Feed Paper expose Pop -Up Edger GRACEPENNEY 3 GRACES LLC 3535 COAST HWY E CORONA DEL MAR, CA 92625 YOUNG, ANDREA L A FINE AFFAIR INC 2919 COAST HWY E #A CORONA DEL MAR, CA 92625 ALGAZI FAMILY COUNSELING INC 2711 COAST HWY E #208 CORONA DEL MAR, CA 92625 GUY MURANAKA ALPHAPOINT INC 2101 COAST HWY E #270 CORONA DEL MAR, CA 92625 CHU ANA ANA CHU MD A PROFESSIONAL 3535 COAST HWY E #54 CORONA DEL MAR, CA 92625 ANDREW SPATH ANDREW SPATH DDS 2121 COAST HWY E #230 CORONA DEL MAR, CA 92625 GODINEZ IGNACIO ARTURO'S TAILOR SHOP 2721 COAST HWY E #101 CORONA DEL MAR, CA 92625 AVILA SERGIO AVILAS EL RANCHITO 2515 COAST HWY E CORONA DEL MAR, CA 92625 ISTAJAB JAMIL BAJA FRESH #119 3050 COAST HWY E CORONA DEL MAR, CA 92625 SUZMAN, COLIN BARE TAN 3707 COAST HWY E CORONA DEL MAR, CA 92625 GODDARD, RICHARD 3195G RED HILL INVESTORS LLC 2732 COAST HWY E #B CORONA DEL MAR, CA 92625 HONARKAR,MOHAMMAD 4G WIRELESS PRMHJM RETAILER 3007 COAST HWY E CORONA DEL MAR, CA 92625 ABELL III, NORMAN MANAGER ACACIA PACIFIC INVESTMENTS LLC ALBERTSONS #6504 2737 COAST HWY E #A 3049 COAST HWY E CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 CORELLA GUNARATNE, ALMA GOLDEN SPOON FROZEN YOGURT 2445 COAST HWY E CORONA DEL MAR, CA 92625 ALTAMAR VENTURES ALTAMAR BRANDS LLC 2101 COAST HWY E #250 CORONA DEL MAR, CA 92625 WILLIAMS, ANDREA ANDREAS COUTURE 3034 COAST HWY E CORONA DEL MAR, CA 92625 SERMABEHUAN, GREG ANTHONYS CUSTOM SHOE REPAIR 3401 COAST HWY E CORONA DEL MAR, CA 92625 ASHLEY COSS 2760 COAST HWY E CORONA DEL MAR, CA 92625 BRANDY VALDEZ B CANDY 3100 COAST HWY E CORONA DEL MAR, CA 92625 DANG, CHAU QUYNH THUU BAMBOO BISTRO 2600 COAST HWY E #160 CORONA DEL MAR, CA 92625 GANZ PATRICIA BAYWIND SERVICES 3810 COAST HWY E #4 CORONA DEL MAR, CA 92625 TITAN INDUSTRIES, INC ALONG CAME A SPIDER 938 AVOCADO AVE NEWPORT BEACH, CA 92660 AMERICAN CANCER SCTY DISCOVERY 2600 COAST HWY E #130 CORONA DEL MAR, CA 92625 GOETZ, ANDREW ANDREW GOETZ ARCHITECT 2855 COAST HWY E #234 CORONA DEL MAR, CA 92625 AFTABI, MARK ARIA IMPORT & EXPORT DBA AMIR 3127 COAST HWY E CORONA DEL MAR, CA 92625 ASHTIN SALON INC 2600 COAST HWY E CORONA DEL MAR, CA 92625 CAREN LANCONA B SCENE AGENCY 2744 COAST HWY E #8 CORONA DEL MAR, CA 92625 MALLONEE, DDS BARBARA BARBARA MALLONEE DDS INC 2121 COAST HWY E #140 CORONA DEL MAR, CA 92625 CLARK,JASON BDKANE INC 3334 COAST HWY E #155 CORONA DEL MAR, CA 92625 ttiquattes faciles a peter ; 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STATE OF ILLINOIS County of Cook i I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Daily Pilot, which was adjudged a newspaper of general circulation on January 14, 1938 and February 6, 1958 and June 19, 1952, Cases A6214 and A24831 for the City of Costa Mesa, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): May 17, 2014 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this j �1 day of M, 20 ( Ll . [signature] 435 N. Michigan Ave. Chicago, IL 60611 2387509 - Daily Pilot