HomeMy WebLinkAbout22 - Balboa Village Business Improvement DistrictCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 22
June 28, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community & Economic Development, Planning Department
Daniel Trimble, Program Manager
949.644.3230, dtrimble @city.newport- beach.ca.us
SUBJECT: Balboa Village Business Improvement District Renewal: Conduct Public
Hearing and Adopt Resolution for Renewal of the Business Improvement
District for Fiscal Year 2005.
ISSUE:
Annual renewal of the Balboa Village Business Improvement District.
RECOMMENDATION:
1. Hold public hearing regarding the renewal of the Balboa Village Business
Improvement District; and
2. a. If protests represent less than 50 percent of the total assessment amount adopt
Resolution No. 2005 - confirming the levy of the BID assessment
for the 2005 -2006 fiscal year.
OR
b. If protests represent 50 percent or more of the total assessment, abandon the
proceedings to renew the District.
DISCUSSION:
Background:
On June 14, 2005 the City Council held a public meeting, approved the Balboa Village
Business Improvement District 2005 Short Year Annual Report, and adopted a Resolution
of Intention to levy and collect assessments for the BID for the Fiscal Year of July 1, 2005
to June 30, 2006, and bring the BID renewal period into the City's Fiscal Year. Details
Balboa Village BID Renewal Hearing
June 28, 2005
Page 2
regarding the proposed renewal of the BID and Annual Report are provided in the
attached June 14, 2005 staff report.
A protest hearing must be held each year prior to renewal of a Business Improvement
District. If protests are received from business owners representing 50 percent or more of
the total assessment amount, the proceedings to renew the BID must be discontinued for
at least one year. If protests represent less than 50 percent of the total assessment, the
City Council may renew the BID.
At the time this report was prepared, no letters of opposition to the BID had been received.
Staff will provide an oral update on any subsequent correspondence and a tabulation of
protests at the City Council meeting.
Public notice of the protest hearing and the Resolution of Intention to modify the basis to
levy and collect assessments for the renewal of the Balboa Village Business Improvement
District has been published in the Daily Pilot in compliance with state law.
Submitted by:
Prepared by:
SHARON Z. WO DANIEL TRIMBLE,
Assistant City M ger C & ED Program Manager
With Assistance from:
CLINTON SCOTT PALMER
Cathimarie's Inc., BID Administration
Attachments: Exhibit A — June 14, 2005 Staff Report
Exhibit B — Resolution of Confirmation 2005-
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE
FISCAL YEAR OF JULY 1, 2005 TO JUNE 30, 2006 FOR THE BALBOA
VILLAGE BUSINESS IMPROVEMENT DISTRICT.
WHEREAS, on June 14, 2005 the BALBOA VILLAGE Business
Improvement District annual report was filed and approved by the City Council;
and
WHEREAS, on June 14, 2005 the City Council adopted and
published a Resolution of Intention declaring the intention to levy assessments
for the BALBOA VILLAGE Business Improvement District for a fiscal year July 1,
2005 to June 30, 2006; and
WHEREAS, a public hearing regarding the renewal of the BALBOA
VILLAGE Business Improvement District was held on June 28, 2005 without a
protest of majority.
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 June 14, 2005 for the BALBOA VILLAGE Business Improvement
District for the fiscal year July 1, 2005 to June 30, 2006.
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 June 2005.
MAYOR
ATTEST:
CITY CLERK
COUNCIL AGENDA
oZ 2-
CITY OF NEWPORT BEACH m , 7
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
June 14, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community & Economic Development, Planning Department
Daniel Trimble, Program Manager
949/644 -3230. dtrimble @city.newport- beach.ca.us
SUBJECT: Balboa Village Business Improvement District Renewal: Annual Report
for Shortened Fiscal Year 2005 and Adoption of Resolution of Intention to
Levy for Fiscal Year 2005 -2006.
ISSUE:
0 Annual renewal of the Balboa Village Business Improvement District.
RECOMMENDATION:
1. Approve Balboa Village Business Improvement District 2005 Short Year Annual
Report;and
2. Adopt the Resolution of Intention and set the public hearing for June 28, 2005.
DISCUSSION:
Background:
The Balboa Village BID was established April 1, 1996. The District includes the area
between A Street and Coronado Street of the Balboa Peninsula as set forth with greater
specificity in the map attached as Exhibit A. California law requires that an Annual
Report, summarizing the District's prior year accomplishments, be prepared and that a
public hearing be held each year prior to renewal of the District. 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 June 28, 2005.
• The Balboa Village Business Improvement District (BID) is nearing the end of its short
year of operation and requests renewal of the BID for the fiscal year July 1, 2005 to June
30, 2006. This renewal will bring the BID's Fiscal Year period into conjunction with the
Balboa Village BID Renewal Hearing
June 14, 2005
Page 2
•
City's Fiscal Year. A summary of accomplishments during Short Year 2005 as well as the
proposed activities and budget for the new fiscal period are provided below.
BID Renewal Synchronization:
City Staff reviewed the renewal periods for all four of the City's business improvement
districts. Each of the Districts had renewal periods that were not synchronized with the
City's fiscal year. Staff determined that efficiencies in Administration of the Districts would
be realized if all four Business Improvement Districts were renewed in synch with the
City's Fiscal Year.
Therefore, Staff recommended that the Balboa Village Business Improvement District be
renewed for three months during the period of April 1, 2005, and June 30, 2005. The
Council agreed and that short term is now expiring. The Balboa Village BID now requests
a renewal period from July 1, 2005 to June 30, 2006 in order to match the City's Fiscal
Year.
Short Year District Accomplishments:
The Balboa Village Business Improvement District has sponsored the following promotions
and activities during the past three months:
• Arranged for a cooperative program with Fun Zone Rides to distribute existing
Balboa Village promotional brochures throughout 440 tourist destinations,
including many hotels in the Anaheim and Airport areas.
• Prepared for a series of concerts in the park on Thursday Nights, bringing in local
residents and visitors for promotional and cultural enrichment.
• Provided clean up bags for residents walking their dogs.
• Maintained membership with the Newport Harbor Chamber of Commerce and
the Newport Beach Conference and Visitors Bureau and the Anaheim Visitor's
and Convention Bureau.
• Maintained the www.baIboanewportbeach.com website, providing seasonal
information and announcements as well as an electronic merchant directory.
• Paid for insurance coverage for the association.
Fiscal Year BID Revenues:
During the short year the BID billed approximately $3,500 in member assessments for the
short three -month period, and had a prior period holdover of $6,700. The BID spent
approximately $3,800 for approved activities and anticipates spending another $1,400
before renewal. It is anticipated that a remaining balance of approximately $5,000 will be
carried over into the new 2005 -2006 fiscal year budget. •
Balboa Village BID Renewal Hearing
June 14, 2005
Page 3
Proposed Activities and Budget:
The activities proposed for the new fiscal year include marketing, advertising, public
relations, and public improvements and maintenance to benefit Balboa Village businesses.
The estimated budget for these activities is approximately $27,000 for the fiscal year. The
Balboa Village BID appreciates the City Council's continued support.
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.
1 • Submitted by: Prepared by:
SHARON Z. WO DANIEL R. TRIMBLE
Assistant City M Mager C & ED Program Manager
With Assistance from:
CLINTON SCOTT PALMER
Cathimarie's Inc., BID Administration
Attachments: Exhibit A — BID Boundary Map
Exhibit B — Short Year 2005 Annual Report
Exhibit C — Resolution of Intention to Levy 2005 -
•
Balboa Village
Business Improvement District
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Exhibit A
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EXHIBIT B
BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT
•
2005 (SHORT YEAR) ANNUAL REPORT
This is the annual report for the tenth year of the Balboa Village Business
Improvement District (BID), as required by Section 36533 of the California
Streets and Highways Code. This report covers the BID's accomplishments for
the previous shortened fiscal year (April 1, 2005 to June 30, 2005) and the
proposed activities and budget for the 2005 — 2006 fiscal year.
The boundaries of the benefit zone will remain the same as Short Year 2005 as
set forth with greater specificity in the map attached as Exhibit A and
incorporated herein.
While the Short Year period was only three months long, several programs were
instituted and planned for. Among the Balboa Village BID accomplishments
during Short Year 2005 are the following:
Arranged for a cooperative program with Fun Zone Rides to distribute
existing Balboa Village promotional brochures throughout 440 tourist
destinations, including many hotels in the Anaheim and Airport areas.
Prepared for a series of concerts in the park on Thursday Nights, bringing
in local residents and tourists for promotional and cultural enrichment.
Provided clean up bags for residents walking their dogs.
• Maintained membership with the Newport Harbor Chamber of Commerce
and the Newport Beach Conference and Visitors Bureau and the Anaheim
Visitor's and Convention Bureau.
Maintained the www.balboanewnortbeach.com website, providing seasonal
information and announcements as well as an electronic merchant
directory.
Paid for insurance coverage for the association.
The improvements and activities to be provided for the coming Fiscal Year of
July 2005 to June 2006 year include:
1. Marketing, advertising and public relations.
2. Brochure development and distribution.
3. Promotion of public events that are to take place on or in any public
places in area.
4. Decoration of any public place in the area.
5. Public area improvements and maintenance activities.
6. The general promotion of retail trade activities.
7. BID liability insurance
The estimated cost of providing the proposed improvements and the activities
described in this report is approximately $27,000. The implementation of these
• actions is more fully described in the attached Priorities and Budget Outline for
the 2005 - 2006 fiscal year.
6
The benefit assessments will be collected by the City in one annual installment, •
which shall be equal to one hundred percent (100 %) 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 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 Chapter 5.08 of the
Municipal Code. Banks and financial institutions that are exempt from City
business license regulations shall be assessed $500 for the shortened
assessment period. Insurance agencies that are exempt from City business
license regulations shall be assessed $250.00 for the shortened assessment
period. Assessments shall be collected in one annual installment at the
beginning of the for the shortened assessment period, and be pro -rated for new
businesses that open during the for the shortened assessment period.
The amount of surplus carried over from the 2005 short year is anticipated to be
approximately $5,000 at the year end, June 30, 2005.
The advisory group of the Balboa Village BID may raise additional funds through •
various events and fundraisers in addition to the assessments levied. At this
time they do not anticipate additional funds for the 2005 -2006 budget.
The merchants of Balboa Village appreciate the efforts of the City Council and
your continued support of their BID.
2
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•
•
Balboa Village
Business Improvement District
Priorities and Budget Outline
July 1, 2005 —June 30, 2006
Funds Available FY End 2003 -2004
5,000
Matching Funds from City 2005
10,200
Funds to be Collected June 2005
12,500
Total Available Funds
$27,700
Marketing & Advertising $23,300
1. Maintain memberships with NB CofC /NB CVB
2. Print advertising
3. Web Site
4. Direct -mail
5. Summer Promotions
6. Concerts / Other Promotions
Outreach Programs $600
1. Monthly newsletter
2. Meeting notices
3. Maintain open communication with residents, BIDs and City
Council
4. Construction mitigation campaign
Maintenance $900
1. Doggie Walk Bags
Administration $2,200
1. Insurance /Other Administration
Total Planned Expenditures $27,000
3 1
EXHIBIT C
RESOLUTION NO. 2005 -_ 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO LEVY ASSESSMENTS FOR THE
BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR THE
FISCAL YEAR OF JULY 1, 2005 TO JUNE 30, 2006, AND FIX THE TIME
AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Balboa Village 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 District Advisory Board has prepared an Annual Report
for Short Year 2005 which is on file in the Office of the City Clerk; and
WHEREAS, the Act requires the City Council to declare its intention to •
levy and collect assessments within the Business Improvement District for the
next fiscal year.
NOW, THEREFORE, the City Council of the City of Newport Beach
resolves as follows:
Section 1: The Annual Report filed by the District Advisory Board
is hereby approved. The Annual Report contains a description of improvements
and activities provided during the 2005 Short Year, a proposed program for the
Fiscal Year 2005 -2006, the District boundaries, and the annual assessment
within the District.
Section 2: The City Council hereby declares its intention to renew
the Business Improvement District for the fiscal year July 1, 2005 to June 30,
2006 pursuant to the Act. •
Section 3: The boundaries of the benefit zone are on the Balboa
• Peninsula between A Street and Coronado Street, as set forth with greater
specificity in the map attached as Exhibit A and incorporated herein.
Section 4: The City Council intends to levy and impose and order
the collection of a benefit assessment upon persons conducting business in the
District. Such benefit assessment shall be as follows:
A. Banks and financial institutions that are exempt from City
business license regulations shall be assessed $500.
B. Insurance agencies that are exempt from City business
license regulations shall be assessed $250.
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 100 percent of the annual business license tax as established
pursuant to Chapter 5.08 of the Municipal Code.
Section 5: The benefit assessments shall be collected by the City
in one 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.
Section 6: 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 7: The improvements and activities to be funded by the
benefit assessments shall include only the following:
• 1. Marketing, advertising and public relations;
2. Brochure development and distribution;
Resolution No. 2005 -
Balboa Village Business Improvement District
3. Promotion of public events that are to take place on or in any 10 public places in the area;
4. Decoration of any public place in the area;
5. Public area improvements and maintenance activities;
6. The general promotion of retail trade activities.
7. BID liability insurance
BE IT FURTHER RESOLVED, that the City Council of the City of Newport
Beach shall conduct a public hearing on June 28, 2005 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
improvements or activity within the District, those types of improvements or
activities 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, 92663. 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.
Resolution No. 2005 -
Balboa Village Business Improvement District
•
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
and thereon held on the day of 2005.
MAYOR
ATTEST:
CITY CLERK
ATTACHMENT: Exhibit A - Boundary Map
•
•
Resolution No. 2005 -
Balboa Village Business Improvement District
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Authorized to Publish Advertisements of all kinds including public notic
Decree of the Superior Court of Orange County, California. Number A -E
September 29, 1961, and A -24831 June 1], 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and
resident of the County aforesaid; I a
over the age of eighteen years, and not
parry to or interested in the below entitlE
matter. I am a principal clerk of tt
NEWPORT BEACH - COSTA MEN
DAILY PILOT, a newspaper of genes
circulation, printed and published in tt
City of Costa Mesa, County of Orang
State of California, and that attachE
Notice is a true and complete copy
was printed and published on tt
following dates:
June 18, 2005
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on June 20, 2005
at Costa Mesa, California.
i
Signature
�---. RESOLUTION NO. 2005-31
A RESOD MIN OF THE CITY COONCN OF THE CITY OF NFWPORT BEACH DECLARING ITS RITENTION TO ifVY
ASSESSM M FOR THE BALBOA VILLAGE BUSINESS IMPROVEMENT DSTRKT FOR THE MAL YEAR OF
JULY 1, 2005 TO JUNE 30, 2006, AND FCC THE TORE AND PUCE OF A PUILIK HEAR0IG.
WHEREAS. the Balboa Village Business Improvement District was established in 19% pursuant to
the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code,
Section 36500 el seq., (hereinafter the "ACP), which requires an annual report to be filed and
approved by the City Council for each fiscal year; and
WHEREAS. the District Advisory Board has prepared an Annual Report for Short Year 2005 which
is on file in the Office of the City Clerk: and
WHEREAS. the Act requires the City Council to declare its intention to levy and collect assessments
within the Business Improvement District for the next fiscal year.
NOW. THEREFORE. the City Council of the City of Newport Beach resolves as follows:
Section 1: The Annual Report filed by the District Advisory Board is hereby approved. The Annual
Report contains a description of improvements and activities provided during the 2005 Short Year,
a proposed program for the Fiscal Year 2005 -2006, the District boundaries, and the annual
assessment within the District.
Section 2: The City Council hereby declares its intention to renew the Business Improvement
District for the fiscal year July 1, 2005 to June 30, 2006 pursuant to the Act.
Section 3: The boundaries of the benefit zone are on the Balboa Peninsula between A Street and
Coronado Street, as set forth with greater specificity in the map attached as Exhibit A and
incorporated herein.
Section 4: The City Council intends to levy and impose and order the collection of a benefit
assessment upon persons conducting business in the District. Such benefit assessment shall be
as follows:
A. Banks and financial institutions that are exempt from City business license regulations shall
be assessed $500.
B. Insurance agencies that are exempt from City business license regulations shall be assessed
$250.
G 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 100 percent of the
annual business license lax as established pursuant to Chapter 5.08 of the Municipal Code.
Section 5: The benefit assessments shall be collected by the City in one 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
Section 6: The penalty for delinquent payments shall be twenty live percent per month, providing
that the penalty to be added shall in no event exceed one hundred percent of the assessment
amount due.
Section 7: The improvements and activities to be funded by the benefit assessments shall include
only the following:
1. Marketing, advertising and public relations;
2. Brochure development and distribution;
3. Promotion of public events that are to take place on or in any public places in the
area;
4. Decoration of any public place in the area;
5. Public area improvements and maintenance activities;
6. The general promotion of retail trade activities.
7. BID liability insurance
BE IT FURTHER RESOLVED. that the City Council of the City of Newport Beach shall conduct a
public hearing on June 28, 2005 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 it 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. It written protests are received
by the owners of businesses within the District that pay filly 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. It the majority
protest is only against the furnishing of a specific type or types of improvements or activity within
the District, those types of improvementsor activities 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. 92663.
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 al least seven days before the public hearing.
This resolution shall lake effect immediately upon adoption. Passed and adopted by the City
Council of the City of Newport Beach at a regular meeting and thereon held on the 14th day of
oVonne M. Herkless. CITY CLERK
Exhibit A - Boundary Mao on file in the City Clerk's office.
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