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Home My WebLink About05 - Restaurant Business Improvement District�EWPpRr 0 `R�- U� �S C9C�FOR��' CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 6443200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: November 22, 1999 5 Daniel Trimble (949) 644 -3230 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Newport Beach Restaurant Business Improvement District 1999 Annual Report and 2000 District Renewal SUMMARY: The Newport Beach Restaurant Improvement District was established January 1, 1996. This report summarizes the District's accomplishments during its fourth year of operation and the proposed activities and budget for the fiscal year 2000. The Newport Beach Restaurant Association Board of Directors, which serves as the District Advisory Board, requests that the City Council approve the Annual Report and scheduling of a public hearing for December 13, 1999. ACTION: 1. Approve the Newport Beach Restaurant Improvement District 1999 Annual Report; and 2. Adopt the Resolution of Intention to Levy and set the public hearing for December 13, 1999. Overview The Newport Beach Restaurant Improvement District is nearing the end of its third year of operation. The District Advisory Board has requested renewal of the District for the fiscal year January 1 to December 31, 2000. The District includes all restaurant establishments within the City of Newport Beach. State law requires that an annual report be prepared and that a public hearing be held each year prior to renewal of the District. A summary of accomplishments during 1999 and proposed activities for 2000 are provided below. 1999 District Accomplishments The Restaurant Association has sponsored the following promotions and activities during the past year: 1. Re- publication of an updated, full color Newport Beach Restaurant Guide (50,000 copies) Newport Beach Restaurant BID Renewal November 22, 1999 Page 1 2. Web page development listing all members on Internet on www.newl)ortbeachdining.com and cooperative member page development 0 3. 800# for restaurant information: (877) 4NB -DWE that rings as a separate line at the Conference and Visitors Bureau 4. Participation in the Conference and Visitors Bureau summer tourism promotion 5. Participation in the Diners Club Matches golf event at Pelican Hills 6. LEAD /Alcohol Awareness program regularly scheduled for all interested members CRA SERVSAFE classes regularly scheduled for all interested members 8. Communication with City and County governments on issues and legislation that impact the restaurant industry in Newport Beach 9. Member communications through a Restaurant Association Newsletter by fax or by mail The total district assessment for the 1999 fiscal year was approximately $44,000. During 1999 the district collected approximately $41,500 and has spent approximately $31,000 for approved activities. It is anticipated that a remaining balance of approximately $19,000 plus an estimated $26,000 from City matching funds will be carried over into the 2000 fiscal year budget. 2000 Proposed Activities and Budget 0 The activities proposed for the coming year include marketing, advertising, public relations, industry advocacy and member communications to benefit the Newport Beach restaurant industry. The estimated budget for these activities is approximately $69,000, assuming similar matching funds continue to be provided in the FY 2000 -2001 City budget. Assessment Collection No changes to the benefit assessments for 2000 are proposed. For restaurants with 11 or more employees the benefit assessment is equal to the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. For those businesses with 10 or fewer employees the assessment will continue to be a flat $50 per year. Assessments would be collected in one installment at the beginning of the fiscal year and pro -rated for new businesses that open during the fiscal year. The penalty for delinquent payments is equal to that established for delinquent business license taxes pursuant to Chapter 5.08 of the Municipal Code, providing that the penalty amount added shall in no event exceed one hundred percent of the assessment amount due. Public Notice As there are no changes to District boundaries or assessment amounts for the 2000 fiscal year there is no public notice requirement. However, a copy of the Resolution of Intention will be mailed to all members within seven days of its adoption by the City Council. The Resolution of Intention will also be published in the newspaper at least seven days before the public hearing in accordance with Page 2 state law. The attached Annual Report further describes the budget and activities for the upcoming year, and has been filed with the City Clerk's office as required by State law. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: DANIEL R. TRIMBLE Associate Planner Attachments: Resolution 99 -_ 1999 Annual Report F.\ Users \PLWliared\BlDs\Restaurants \CO UNCIL\2000renew \CCRPT -l.doc Page 3 RESOLUTION NO. 99 -_ 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JANUARY 1, 2000 TO DECEMBER 31, 2000. WHEREAS, the Newport Beach Restaurant Business Improvement District was established pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the "Act "), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, on November 13, 1995 the City Council approved the establishment of the Newport Beach Restaurant Improvement District which commenced on January 1, 1996; and WHEREAS, on November 22, 1999 the Newport Beach Restaurant Business Improvement District annual report was filed and approved by the City Council. as follows: NOW, THEREFORE, the City Council of the City of Newport Beach resolves Section 1: The City Council hereby approves the renewal of the Newport Beach Restaurant Business Improvement District for the 2000 fiscal year pursuant to the Act. Section 2: The businesses included within the District will remain the same, i.e. all restaurant establishments within Newport Beach. Section 3: The City Council hereby declares the intention to levy assessments upon persons conducting a restaurant business in the District. For those establishments with 11 or more employees the benefit assessment shall be equal to the City's usual annual business I 0 • license fee as established pursuant to Chapter 5.08 of the Municipal Code, and for those businesses with 10 or fewer employees the annual assessment shall be $50.00. Section 4: The benefit assessments shall be collected by the City or an assigned contractor in one annual installment. Assessments will be levied on the date the annual District renewal becomes effective, and for new businesses in the District on the day of the issuance of a business license by the City. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the District's fiscal year. Section 5: The penalty for delinquent payments shall be twenty -five percent of the assessment amount per month, providing that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section 6: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing, advertising, public relations, industry advocacy and member communications for the benefit of restaurants in Newport Beach. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on December 13, 1999 at 7:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers located at 3300 Newport Boulevard, Newport Beach, California at which time the Council will hear all interested persons for or against the renewal of the District, the extent of the District and the specific types of improvements or activities to be funded by the benefit assessment. 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 businesses within the District which pay fifty percent or more of the total assessments to be levied, no further proceedings to renew the District 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 District, those types of improvements or activities or benefit zones shall be eliminated. Further information regarding the proposed Business Improvement District renewal and expansion may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Telephone (949) 644 -3225. 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 day of 1999. MAYOR ATTEST: CITY CLERK F:\ Users \PLN\Shared\BIDs\Restaurants \CO UNCIL\2000renew\RES61NT.doc • l0 NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT FY 2000 ANNUAL REPORT This is the fourth annual report for the Newport Beach Restaurant Improvement District, as required by Section 36533 of the California Streets And Highways Code. The report covers the District's accomplishments during the previous fiscal year (January 1 to December 31, 1999) and the proposed activities and budget for fiscal year 2000. The affected businesses of the benefit zone will be all restaurant establishments within the City of Newport Beach. The improvements and activities to be provided for the fiscal year will be marketing, advertising, public relations, industry advocacy and member communications. The estimated budget for the activities described in this report is approximately $43,000 for 1999 and $69,000 for 2000. For establishments with 11 or more employees the benefit assessment shall be equal to the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. For those businesses with 10 or fewer employees the benefit assessment shall be a flat $50 per year. The benefit assessments will be collected by the City in one annual installment. Assessments will be pro -rated for new businesses that open during the fiscal year. 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 of the assessment amount due. The amount of surplus to be carried over from the 1999 fiscal year is estimated to be approximately $19,000 plus an additional $26,000 from the City matching funds that are expected to be transferred in November for a total of $45,000. At this time the Restaurant BID does not anticipate raising additional funds, other than City matching funds, from other sources during the 2000 fiscal year. Among the Restaurant Association's accomplishments during 1999 are the following: 1. Re- publication of an updated, full color Newport Beach Restaurant Guide (50,000 copies) 2.. Web page development listing all members on Internet on www.newportbeachdining.com and cooperative member page development I 3. 800# for restaurant information: (877) 4NB -DINE that rings as a separate line at the Conference and Visitors Bureau 4. Participation in the Conference and Visitors Bureau summer tourism promotion 5. Participation in the Diners Club Matches golf event at Pelican Hills 6. LEAD /Alcohol Awareness program regularly scheduled for all interested members 7. CRA SERVSAFE classes regularly scheduled for all interested members 8. Communication with City and County governments on issues and legislation that impact the restaurant industry in Newport Beach 9. Member communications through a Restaurant Association Newsletter by fax or by mail The Newport Beach Restaurant Association appreciates the continued support of the City Council. F. I UserSIPLN1Shared IBIOsI RestaurantslCOUNCIL 12000renewL4NNRPT. doc H 0