HomeMy WebLinkAbout05 - CdM Business Improvement District RenewalCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
August 9, 2005
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(cilcity. newport- beach.ca. us
SUBJECT: Corona del Mar Business Improvement District Renewal: Annual
Report for Fiscal Year 2004 - 2005 and Adoption of Resolution of
Intention to Levy for Shortened Fiscal Year 2005 -2006.
ISSUE:
Should the City Council renew the Corona del Mar Business Improvement District for its
10th year of operation, for the BID's fiscal year of September 1st, 2005 to June 30tH
2006?
RECOMMENDATION:
1. Approve the Corona del Mar Business Improvement District 2004 -2005 Annual
Report; and
2. Adopt the Resolution of Intention to Levy Assessments and set the public hearing for
August 23, 2005.
DISCUSSION:
Background
The Corona del Mar Business Improvement District (BID) is nearing the end of its ninth
year of operation and requests renewal of the District for the shortened fiscal year
September 1, 2005 to June 30, 2006. This report summarizes the District's
accomplishments during FY 2004 -2005, its ninth year of operation, and the proposed
activities and budget for the coming year. It also discusses renewing the BID for a
shortened period, ten months, to bring the BID renewal period into the City's Fiscal
Year, and discusses proposed activities and budget for this shortened fiscal period. 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
CdM BID '04 -05 Annual Report &
Resolution of Intention to Levy
August 09, 2005
Page 2
23, 2005. 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 prepared and a public
hearing be held each year prior to renewal of the District. A summary of
accomplishments during 2004 and 2005 and proposed activities for 2005 -2006 are
provided below.
Ninth Year District Accomplishments
The Corona del Mar BID sponsored the following promotions and activities during the past
year:
• In close cooperation with the City, new Coast Highway medians were
engineered, installed and landscaped throughout the entire length of the District.
The BID made an initial cash contribution of $145,000 to the City to ensure the
success of this project, and committed $40,000 per year for four additional years
from future City matching funds to this project ($160,000 additional).
• The BID continued its working relationship with the Corona del Mar Chamber of
Commerce for marketing and promotional efforts. As part of this joint effort, the
BID contracted with the Chamber for maintenance of the Corona del Mar BID
website, www.edmvillage.com, in order to educate the public about the CdM
Vision plan and distribute information on current events and BID administration.
The Chamber also included 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 Storefront Lighting program in all
participating merchant windows. In addition, the BID paid for a presence for all of
its members in the 2005 Corona del Mar Business Directory.
• The BID paid for quarterly maintenance of decorative landscape bedding at the
Marguerite / Coast Highway intersection, with replanting as needed.
• The BID maintained the contract with the City's landscape services provider to
ensure the health of the 200 Palm and Hong Kong Orchid trees along the Coast
Highway right -of -way throughout the business district. The BID also continued to
contract with the contractor for maintenance of the planters and irrigation
systems.
• The BID supported and participated in the Annual Christmas Walk, sponsored by
the Corona del Mar Chamber of Commerce.
CdM BID '04 -05 Annual Report &
Resolution of Intention to Levy
August 09, 2005
Page 3
• The BID contracted with Dekra -Lite, Inc. to have holiday season decorations
installed in the medians at Marguerite and Coast Highway, and garland and bows
placed on a number of utility poles throughout the District.
Fiscal Year District Revenues
During 2004 -2005 the district collected approximately $68,858 in member assessments
with $15,000 in additional funds yet to be collected. Its account balance at the beginning
of the year was $128,073.00. The BID received $48,707.00 in matching funds from the
City. The BID has spent approximately $223,949.00 for approved activities, and
anticipates spending an additional $10,000.00 by fiscal year end.
It is anticipated that a remaining balance of approximately $9,000 will be carried over into
the shortened 2005 -2006 fiscal year budget. At the end of the shortened FY 2005 -2006
(September – June), the District anticipates spending approximately $108,100 for approved
activities.
As noted below in more detail, the Corona del Mar BID has committed $40,000 of the
City's matching funds -- otherwise anticipated to be approximately $48,000 —back to the
City in repayment for the median construction project.
Proposed Improvements, Activities and Budget
As Council members will recall from the Balboa Village renewal earlier this year, staff —in
cooperation with the BID contract administrator —has begun synchronizing the BID
renewals with the fiscal year of the City, in order to obtain additional administrative
efficiencies. Therefore, staff recommends that the Corona del Mar Business Improvement
District be renewed for a shortened (ten month) fiscal year lasting through June 30, 2006;
and then be renewed again by the City Council for a 12 -month fiscal year beginning in July
of 2006.
The FY2005 -2006 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 the shortened FY 05 -06 period is approximately $108,100.
The implementation of these actions is more fully described in the attached CdM BID
Priorities and Budget Outline for the 2005 -2006.
CdM BID '04 -05 Annual Report &
Resolution of Intention to Levy
August 09, 2005
Page 4
Additionally, the City Attorney's office has noted that the BID has been operating under
Bylaws which were not authorized by the City Council. The Advisory Board requests
that the City Council grant the authority to the Advisory Board to adopt Bylaws to govern
its general operations. Any Bylaws adopted by the Advisory Board will be consistent
with State law and resolutions adopted by the City Council, and this request will be
brought before the Council at the Renewal Hearing, currently scheduled for August 23r0
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
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 overall BID matching funds will be approved by the City Council for fiscal year 2005-
2006, with those additional funds normally being added to the amount designated for
marketing activities and physical improvements. However, the CdM BID has committed
$40,000 of the matching funds — anticipated to be approximately $48,000 this year —back
to the City in repayment for the median construction project. 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 Califomia law.
Environmental Review:
Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4).
CdM BID '04 -05 Annual Report &
Resolution of Intention to Levy
August 09, 2005
Page 5
Public Notice:
None required for this action. Notice will be provided for the public hearing on August
23, 2005.
Funding Availability:
Business Improvement District matching funds are included in City Budget Account No.
2720 -8250.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
GEORGE A. BERGER, AICP
C &ED Program Manager
W � assistance from:
CLINTON SCOTT PALMER
Cathimarie's Inc., BID Administration
Attachments: Exhibit A: CdM BID Boundary Map
Exhibit B: FY 04 -05 Annual Report (by BID Advisory Board)
Exhibit C: (Shortened) FY 05 -06 Priorities & Budget (by BID Advisory Board)
Exhibit D: Resolution of Intention 05
EXHIBIT B
REPORT TO THE MAYOR AND CITY COUNCIL
CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORT FOR 2004 -2005 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,
2004 to August 31, 2005.
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.
Revision to Fiscal Year City Staff has reviewed the renewal periods for all four business
improvement districts. Three of the Districts have renewal periods
that are not synchronized with the City's fiscal year. Staff has
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 recommends and the CdM BID Advisory Board
agrees that the Corona del Mar Business Improvement District be
renewed for nine months, and then be renewed again in July of 2006
in order to match the City's Fiscal Year (July 1 —June 30).
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 $108,100.00. The
implementation of these actions is more fully described in the
attached Priorities and Budget Outline for the 2005 -2006 Short
Fiscal Year.
Assessments Assessments shall be collected in one annual installment at the
ki
Account Status
Prior Year Accomplishments
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
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
During the 2004 -2005 fiscal year the District collected
approximately $68,858.00 in assessments from members, with an
additional $15,000.00 in accounts receivable to be collected by the
end of the fiscal year. Its account balance of the beginning of the
year was $128,073.00. The BID received $48,707.00 in matching
funds from the City. The BID has spent approximately
$223,949.00 for approved activities, and anticipates spending an
additional $10,000.00 by fiscal year end.
The District's current account balance is approximately $26,250 at
the end of the first ten months of the fiscal year. It is anticipated
the balance will be approximately $16,000 or less at the fiscal year
end, August 31, 2005. Revenue from members is projected to be
$58,000 and City Matching revenues to be $48,000. Of that
$48,000, $40,000 has been previously committed to the City for
payment on the new medians. $108,100 has been allocated for
projected expenses, with an anticipated $5,000 left over at the end
of the Short Fiscal Year.
The merchants of Corona del Mar have found their ninth year as a
Business Improvement District to be very successful and have
achieved several accomplishments including:
* In cooperation with the City, new medians have been engineered,
landscaped and installed throughout the entire length of the
District. This was achieved by a cash payment of $145,000 to the
City, as well as committing $40,000 a year for three years from
future matching funds from the City.
* 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 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. In addition, the BID paid for a presence for all of its
members in the 2005 Corona del Mar Directory.
* 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.
* 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.
N
� r •
Corona del Mar
Business Improvement District
Priorities and Budget Outline
September 1, 2005- June 30, 2006
Abbreviated Fiscal Year
Funds Available FY End 2005 16,000
Funds to be Collected September 2005 69,000
Matching Funds (Net) from City 6,000
Total Available Funds 91,000
Priorities Budget Amount Total
1. BID Administration / Vision 2004 2% $ 600
* Administrative Mailings for Renewals
2. Action Committee 48% $42,5000
• Develop plans and costing strategies for replacing streetlights and traffic signals
• Contribute funds to the Corona del Mar Chamber for the Christmas Walk
• Install holiday decorations throughout the BID during the holiday season.
Marketing
36% $32,500
*Contribute to the Newport Beach Centennial Celebration
• Maintain Membership with Sherman Gardens
• 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 14% $12,500
• 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
16
EXHIBIT D
RESOLUTION NO. 2005-
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, 2005 TO JUNE 30, 2006.
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 2004-
2005 fiscal year which is on file in the Office of the City Clerk, and
WHEREAS, the Annual Report for the 2004 -2005 fiscal year was 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 the intention to levy assessments
for the Corona del Mar Business Improvement District for an abbreviated fiscal
Resolution No. 2005 -
Corona del Mar Business Improvement District
Page 1
I\
year September 1, 2005 to June 30, 2006 pursuant to the Act. Such benefit
assessment shall be as follows:
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. Hairstylists
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
(25 %) 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. 2005 -
Corona del Mar Business Improvement District
Page 2
la
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.
Section 6. The City Council hereby declares the intention to discuss the granting
of proper authority for the Corona del Mar Business Improvement District to
adopt Bylaws for the purposes of general operations, consistent with State law
and resolutions adopted by the City Council.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
shall conduct a public hearing on August 23, 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,
protests 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
Resolution No. 2005 -
Corona del Mar Business Improvement District
Page 3
0
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 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 2005.
ATTEST:
70 TV MO:
CITY CLERK
ATTACHMENT: Exhibit A (Boundary Map)
Resolution No. 2005 -
Corona del Mar Business Improvement District
Page 4
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