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HomeMy WebLinkAbout04 - CdM BID RenewalCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 August 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning Department George A. Berger, AICP; C &ED Program Manager; 949/644 -3207; gaberger (o)city. newgort- beach.ca. us SUBJECT: Corona del Mar Business Improvement District Renewal: Annual Report for 2003 -2004 Fiscal Year; and Adoption of Resolution of Intention to Levy for 2004 -2005 Fiscal Year ISSUE: Should the City Council renew the Corona del Mar Business Improvement District for its 9th year of operation, for the BID's fiscal year of September 1st, 2004 to August 31St, 2005? RECOMMENDATION: 1. Approve the Corona del Mar Business Improvement District 2003 -2004 Annual Report; and 2. Adopt the Resolution of Intention to Levy Assessments and set the public hearing for August 24, 2004. DISCUSSION: Background The Corona del Mar Business Improvement District (BID) is nearing the end of its eighth year of operation and requests renewal of the District for the fiscal year September 1, 2004 to August 31, 2005. This report summarizes the District's accomplishments during FY 2003 -2004, its eighth year of operation, and the proposed activities and budget for the coming year. The BID's Board of Directors, which serves as the District Advisory Board, requests City Council approval of the annual report and scheduling of the public hearing for August 24, 2004. The District includes the area 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. California law requires that an annual report be CdM BID '03 -04 Annual Report & Resolution of Intention to Levy August 10, 2004 Page 2 prepared and a public hearing be held each year prior to renewal of the District. A summary of accomplishments during 2003 and 2004 and proposed activities for 2004 — 2005 are provided below. Eighth Year District Accomplishments The Corona del Mar BID sponsored the following promotions and activities during the past year: • The relinquishment of Coast Highway to the City of Newport Beach - The City Council upheld the BID's efforts to take ownership of the right -of -way of Coast Highway through the village from Caltrans. This was the single most crucial step in realizing the CdM Vision Plan; • Supported the Corona del Mar Centennial Foundation in its initial formation and ongoing efforts to create a Centennial Plaza as part of the Vision Plan; • Continued to work with the General Services and Public Works departments in completing engineering and landscape studies to replace the painted medians with new, landscaped medians. The BID anticipates working with General Services to install these new medians during the coming fiscal year; • Continued with the working relationship with the Corona del Mar Chamber of Commerce in marketing efforts. As part of this joint effort, the BID contracted with the CdM Chamber to maintain and update the Corona del Mar BID website, www.cdmvillage.com, to educate the public about the CdM Vision plan and distribute information on current events and administration of the BID. The Chamber also includes the BID newsletter in its bi- monthly newsletter sent to all BID members and Chamber members. The BID also worked with the Chamber in recognizing merchants who renovate their stores or buildings, as well as continuing the successful Holiday Lighting program in all participating merchant windows; • The BID paid for quarterly maintenance of decorative bedding at the Marguerite / Coast Highway intersection with replanting as needed; • Maintained the health of the 200 palm and Hong Kong Orchids along the Coast Highway right -of -way. The BID also paid to maintain the planters and irrigation; • Supported the Corona del Mar Chamber of Commerce with the annual Christmas Walk event; and 2 CdM BID'03 -04 Annual Report & Resolution of Intention to Levy August 10, 2004 Page 3 • Installed holiday season decorations in the medians at Marguerite and Coast Highway. Fiscal Year District Revenues During 2003 -2004 the district collected approximately $58,000 in member assessments with $20,000 in additional funds to be collected, anticipates receiving $46,000 in matching funds from the City, and rolled over $156,556 from FY2002 -2003. At the end of FY 2003 - 2004, the District anticipates spending approximately $198,426 for approved activities. It is anticipated that a remaining balance of approximately $82,000 will be carried over into the 2004 -2005 fiscal year budget. Proposed Improvements, Activities and Budget The FY2004 -2005 Priorities and Budget Outline, including specific goals for each category, is submitted by the BID Advisory Board as part of the attached Annual Report. The highest priorities for the upcoming fiscal year are: 1. Marketing, advertising, and promotion of Corona del Mar; 2. Physical Improvements within Corona del Mar; 3. Corona del Mar BID Member and Community Outreach; 4. Corona del Mar BID CdM Vision Plan and associated administration. The estimated cost of providing the proposed improvements and activities to be undertaken by the BID in FY 03 -04 is approximately $196,800. The implementation of these actions is more fully described in the attached CdM BID Priorities and Budget Outline for the 2004 -2005. Assessment Collection The current and proposed BID benefit assessment per business is equal to 150% of the City's annual business license fee, pursuant to Chapter 5.08 of the Newport Beach Municipal Code. In most cases the business license tax is comprised of $120 plus an additional amount for each employee. Banks and financial institutions exempt from City business license regulations are assessed $500 per year. Insurance agencies exempt from City license regulations are assessed $250 per year. Persons operating one of the following businesses as an independent contractor in an establishment owned by another person are exempt from this assessment: 1. Hair stylists 2. Nail technicians 3. Real estate agents 3 CdM BID'03 -04 Annual Report & Resolution of Intention to Levy August 10, 2004 Page 4 The penalty for delinquent payments is twenty -five percent per month, provided that the penalty amount added shall in no event exceed one hundred percent of the assessment amount due. Assessments are collected in a single installment at the beginning of the fiscal year, and are prorated for new businesses opening during the year. The Advisory Board of the Corona del Mar Business Improvement District does not expect to raise funds in addition to the assessments levied for the upcoming year. It is anticipated that matching funds will be approved by the City Council for fiscal year 2004 -2005, with additional funds added to the amount designated for marketing activities and physical improvements. 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 California law. Environmental Review: Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4). Public Notice: None Required Funding Availability: Business Improvement District matching funds are included in City Budget Account No. 2720 -8250. Submitted by: SHARON Z. WOOD Assistant City Manager 7 Prepared by: GEORGE A. BERGER, AICP C &ED Program Manager Cathimarie's Inc., BID Administration Attachments: Exhibit A: CdM BID Boundary Map Exhibit B: FY 03 -04 Annual Report (by BID Advisory Board) Exhibit C: FY 04 -05 Priorities & Budget by (BID Advisory Board) Exhibit D: Resolution of Intention 04- 19 EXHIBIT B REPORT TO THE MAYOR AND CITY COUNCIL CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR 2003 -2004 FISCAL YEAR Overview This is the annual report for the Corona del Mar Business Improvement District, as required by Section 36533 of the California Streets and Highways Code, for fiscal year September 1, 2003 to August 31, 2004. Boundaries The boundaries of the benefit zone remain unchanged: 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. Proposed Activities The improvements and activities to be provided for the fiscal year include: 1. Marketing, advertising, and promotion of Corona del Mar 2. Physical Improvements within Corona del Mar 3. Corona del Mar BID Member and Community Outreach 4. Corona del Mar BID CdM Vision Plan and associated administration. Proposed Budget The estimated cost of providing the proposed improvements and activities in this report is approximately $196,789.00. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2004 -2005 fiscal year. Assessments Assessments shall be collected in one annual installment at the beginning of the fiscal year, and shall be pro -rated for new businesses that open during the fiscal year. The benefit assessment shall be equal to 150% of the City's usual annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. The penalty for delinquent payments will be twenty -five percent per month, providing that the penalty amount added shall in no event exceed one hundred percent of the assessment amount due. 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 4 Account Status Prior Year Accomplishments following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: 1. Hairstylists 2. Nail technicians 3. Real estate agents During the 2003 -2004 fiscal year the District collected approximately $58,00.00 in assessments from members, with an additional $20,000.00 in accounts receivable to be collected by the end of the fiscal year. Its account balance of the beginning of the year was $156,556.00. It is estimated the BID will receive $46,000.00 in matching funds from the City for available operating revenue of $280,555.00. The BID has spent approximately $78,426.00 for approved activities, and anticipates spending an additional $120,000.00 by fiscal year end. The District's current account balance is approximately $136,250 at the end of the first ten months of the fiscal year. It is anticipated the balance will be approximately $82,000 or less at the fiscal year end, August 31, 2003. The merchants of Corona del Mar have found their eighth year as a Business Improvement District to be very successful and have achieved several accomplishments including: * The relinquishment of Coast Highway to the City of Newport Beach - The City Council upheld the BID's efforts to take ownership of the right -of -way of Coast Highway through the village from Caltrans. This was the single most crucial step in realizing the CdM Vision Plan, and the BID once again thanks the Council, the Staff in Planning, General Services, and Public Works for their efforts and their confidence. *Supported the Corona del Mar Centennial Foundation in its initial formation and ongoing efforts to create a Centennial Plaza as part of the Vision Plan. * Continued to work with General Services and Public Works in completing engineering and landscape studies to replace the painted medians with new, landscaped medians. The BID anticipates working with General Services to install these new 7 medians during the coming fiscal year. *Continued with the working relationship with the Corona del Mar Chamber of Commerce in marketing efforts. As part of this joint effort, the BID contracted the Chamber to maintain and update the Corona del Mar BID website, www.cdmvillaee.com, to educate the public about the CdM Vision plan and distribute information on current events and administration of the BID. The Chamber also includes the BID newsletter in its bi- monthly newsletter sent to all BID members and Chamber members. The BID also worked with the Chamber in recognizing merchants who renovate their stores or buildings, as well as continuing the successful Holiday Lighting program in all participating merchant windows. *The BID paid for quarterly maintenance of decorative bedding at the Marguerite f Coast Highway intersection with replanting as needed. *Maintained the health of the 200 palm and Hong Kong Orchids along the Coast Highway right -of -way. The BID also paid to maintain the planters and irrigation. *Supported the Corona del Mar Chamber of Commerce with the Annual Christmas Walk. *Installed Holiday Season Decorations in the medians at Marguerite and Coast Highway. The merchants of Corona del Mar have worked hard to promote and improve their village and wish to express their appreciation for the City Council's continued support of the Corona del Mar Business Improvement District. 11 EXHIBIT C Corona del Mar Business Improvement District Priorities and Budget Outline September 1, 2004- August 31, 2005 Funds Available FY End 2004 82,000 Funds to be Collected September 2004 69,000 Matching Funds from City 46,000 Total Available Funds 197,000 Priorities Budget Amount Total 1. BID Administration / Vision 2004 1% $ 1,400 *Develop further funding options to implement CdM Vision Plan *Continue to present the CdM Vision 2004 Plan to educate concerned parties about improvements *Work with the City of Newport Beach in implementing the improvements called forth by the CdM Vision Plan 2. Action Committee 75% $147,500 *Work closely with the City Staff in developing improvements called for by the CdM Vision Plan. When funding has been appropriated for CdM Vision, and when improvements have begun, the CdM BID will share up to $120,000 in costs. * Continue toe engineer and build new medians in place of painted medians *Install decorative holiday decorations and banners *Contribute funds to the Corona del Mar Chamber for the Christmas Walk *Install holiday decorations throughout the BID during the holiday season. Marketing 19% $36,775 *Retain consultant to work with CdM Chamber of Commerce *Retain consultant to implement CdM Centennial Celebration *Maintain Memberships with Sherman Gardens and Newport Chamber * Develop new annual special events in conjunction with the Corona del Mar Chamber * Contract with CdM Chamber to maintain website and publish newsletter 4. Maintenance 6% $11,114 *Maintain lighting and seasonal color for Marguerite /Coast Highway intersection *Maintain backflow devices as needed for tree irrigation *Maintain sidewalks and benches as needed *Maintain all tree wells and tree health for 200 palm and orchid trees within the District I EXHIBIT D RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF SEPTEMBER 1, 2004 TO AUGUST 31, 2005. WHEREAS, the Corona del Mar Business Improvement District 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 "Act'), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, the Advisory Board has prepared an Annual Report for the 2003- 2004 fiscal year which is on file in the Office of the City Clerk; and NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares the intention to levy assessments for the Corona del Mar Business Improvement District for the fiscal year September 1, 2004 to August 31, 2005 pursuant to the Act. Such benefit assessment shall be as follows: Resolution No. 2004 - Corona del Mar Business Improvement District Page 1 10 A. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year; B. Insurance agencies that are exempt from City business license regulations shall be assessed $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: 1. Hair stylists 2. Nail technicians 3. Real estate agents D. The assessment for all other businesses within the District shall be 150 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. Section 2: The penalty for delinquent payments shall be twenty -five percent per month, providing that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section 3: The City shall collect benefit assessments in one annual installment, with collections 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. Resolution No. 2004 - Corona del Mar Business Improvement District Page 2 11 Section 4: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing and advertising 2. Physical Improvements 3. Maintenance Programs 4. Administration Section 5: The location of the District 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. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on August 24, 2004 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 that 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 Resolution No. 2004 - Corona del Mar Business Improvement District Page i IZ 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 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 2004. ATTEST: MAYOR CITY CLERK ATTACHMENT: Exhibit A (Boundary Map) Resolution No. 2004 - Corona del Mar Business Improvement District Page 4 13