HomeMy WebLinkAbout23 - Marine Avenue BIDCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 23
December 13, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community & Economic Development, Planning Department
George A. Berger, AICP, Program Manager
949/644 -3207. gaberger @city.newport - beach.ca.us
SUBJECT: Marine Avenue Business Improvement District Renewal: Renewal of the
Business Improvement District for the Shortened 2006 Fiscal Year.
ISSUE:
Annual renewal of the Marine Avenue Business Improvement District.
RECOMMENDATION:
1. Hold public hearing regarding the renewal of the Marine Avenue 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
2006 short fiscal year.
NV
b. If protests represent 50 percent or more of the total assessment, abandon the
proceedings to renew the district.
DISCUSSION:
Background:
On November 22, 2005 the City Council approved the Marine Avenue Business
Improvement District 2005 Annual Report, and adopted a Resolution (No. 2005 -57) of
Intention to levy and collect assessments for the District for the 2006 short fiscal year.
Marine Avenue BID Renewal Hearing
December 13, 2005
Page 2
Details regarding the proposed renewal of the District and annual report are provided in
the attached November 22, 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 District 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 District.
At the time this report was prepared, no letters of opposition to the District 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 Marine Avenue Business
Improvement District has been published in the Daily Pilot in compliance with state law.
Submitted by:
Prepared by:
1 ,
GEORGE)BERGER, A qP
'& ED Program Manager
With Assistance from:
CLINTON SCOTT PALMER
BID Systems, Inc., BID Administration
Attachments: Exhibit A — Resolution of Confirmation 2005 -
Exhibit B — November 22, 2005 Staff Report and exhibits
EXHIBIT A
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE
SHORT FISCAL YEAR OF JANUARY 1, 2006 TO JUNE 30, 2006 FOR
THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT.
WHEREAS, on November 22, 2005 the Marine Avenue Business Improvement
District annual report was filed and approved by the City Council; and
WHEREAS, on November 22, 2005 the City Council adopted and published a
Resolution of Intention declaring the intention to levy assessments for the Marine
Avenue Business Improvement District for the short fiscal year January 1, 2006 to
June 30, 2006; and
WHEREAS, a public hearing regarding the renewal of the Marine Avenue
Business Improvement District was held on December 13, 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
November 22, 2005 for the Corona del Mar Business Improvement District for the
short fiscal year January 1, 2006 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
13th day of December, 2005.
MAYOR
ATTEST:
CITY CLERK
3
I
S CITY OF NEWPORT BEACH 1�3
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
November 22, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community & Economic Development, Planning Department
George A. Berger, AICP, Program Manager
949/644 -3207. gaberger @city.newport - beach.ca.us
SUBJECT: Marine Avenue Business Improvement District Renewal: Annual Report
for Fiscal Year 2005, and Adoption of Resolution of Intention to Levy for
the Shortened Fiscal Year 2006.
• ISSUE: '
Annual renewal of the Marine Avenue Business Improvement District.
RECOMMENDATION:
1. Approve Marine Avenue Business Improvement District 2005 Annual Report; and
2. Adopt the Resolution of Intention and set the public hearing for December 13, 2005.
DISCUSSION:
Background:
The Marine Avenue Business Improvement District (BID) is nearing the end of its ninth
year of operation and requests renewal of the District for the fiscal year January 1 to
June 30, 2006. The Marine Avenue BID was established January 1, 1996. This report
summarizes the District's accomplishments during 2005, its ninth 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 December 13, 2005. The District
includes the 200 and 300 blocks of Marine Avenue as set forth with greater specificity in
the map attached as Exhibit A. California law requires that an annual report be prepared
I
Marine Avenue BID Renewal Hearing
November 22, 2005
Page 2 •
and a public hearing be held each year prior to renewal of the District. A summary of
accomplishments during 2005 and proposed activities for the short year 2006 are provided
below. The District's 2006 activities are proposed to remain the same as in 2005.
Renewal of District
City Staff has reviewed the renewal periods for all four business improvement districts.
Most 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 renewed in synch with the City's
Fiscal Year.
Therefore, Staff recommends that the Marine Avenue Business Improvement District be
renewed for a period of six months, and then be renewed again in July of 2006 in order to
match the City's Fiscal Year.
Ninth Year District Accomplishments:
The Marine Avenue Business Improvement District has sponsored the following
promotions and activities during the past year: 0
1. Ongoing steam cleaning of the sidewalks in the BID subject area;
2. Placement of both co -op and entire - district print advertisements in several tourist -
related publications;
3. Implementation and Improvement of a BID sponsored website, www.balboa-
island.net;
4. Christmas decorations and lighting to enhance holiday shopping along Marine
Avenue;
5. Participation with the Anaheim /Orange County Visitors and Conference Bureau, to
more widely encourage tourists to visit Balboa Island, and specifically Marine
Avenue;
6. Participation with the Newport Beach Conference and Visitors Bureau, especially in
installing a directory at the ferry landing directing people to Marine Avenue.
Fiscal Year District Revenues:
During 2005 the district collected approximately $12,898 in member assessments with
$3,000 in additional funds remaining to be collected. Its account balance at the beginning
Z
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Marine Avenue BID Renewal Hearing
November 22, 2005
Page 3
of the year was $7,150.00. The BID received $8,370.00 in matching funds from the
City. The BID has spent approximately $26,805.00 for approved activities, and
anticipates spending an. additional $1,000.00 by fiscal year end. It is anticipated that a
remaining balance of approximately $600.00 will be carried over into the shortened six
month 2006 fiscal year budget.
Proposed Activities and Budget:
The activities proposed for the next year include marketing, advertising, public relations,
and public improvements and maintenance to benefit Marine Avenue businesses. The
estimated budget for these activities is approximately $6,850.
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.
Prepared by:
_90C'ei&'
1�3 RGE . B RGE ICP
C ED gram Mana
Submitted by:
MEMO tra —
..-
With Assistance from:
CLINTON SCOTT PALMER
Cathimarie's Inc., BID Administration
Attachments: Exhibit A – BID Boundary Map
Exhibit B – FY 2005 Annual Report and 2006 Priorities & Budget Outline
Exhibit C – Resolution of Intention to Levy 2005-
3
EXHIBIT B
MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT
is 2005 ANNUAL REPORT
This is the annual report for the ninth year of the Marine Avenue Business Improvement
District, as required by Section 36533 of the California Streets and Highways Code. This
report covers the District's accomplishments for the previous fiscal year (January 1, 2005
to December 31, 2095) and the proposed activities and budget for the 2006 shortened
fiscal year. It also discusses renewing the BID for a shortened period, six months, to bring
the BID renewal period into the City's Fiscal Year, and discusses proposed activities and
budget for this shortened fiscal period.
2005 Accomplishments
Among the Marine Avenue Business Improvement District accomplishments during 2005
are the following:
I. Placement of advertisements in several tourist related publications
2. Implementation and Improvement of a BID sponsored %vebsite, «ww.balboa- island.net
3. Christmas decorations and lighting to enhance holiday shopping along Marine Avenue
• 4. Participation with the Anaheim/Orange County Visitors and Conference Bureau to more
widely encourage county -wide tourists to visit Balboa Island
Participation with the Nexiport Beach Conference and Visitors Bureau, especially in
installing a directory at the ferry landing directing people to Marine Avenue.
6. Ongoing cleaning of the sidewalks in the subject area.
Fiscal Year District Revenues
During 2005 the district collected approximately $12,898 in member assessments with
$3,000 in additional funds remaining to be collected. Its account balance at the beginning
of the year was $7,150.00. The BID received $8,370.00 in matching funds from the City.
The BID has spent approximately $26,805.00 for approved activities, and anticipates
spending an additional $1,000.00 by fiscal year end. It is anticipated that a remaining
balance of approximately $600.00 will be carried over into the shortened six month 2006
fiscal year budget.
Renewal of District
• City Staff has reviewed the renewal periods for all four business improvement districts.
Most of the Districts have renewal periods that are not synchronized with the City's fiscal
5
year. Staff' has determined that efficiencies in administration of the Districts would be •
realized if all four Business Improvement Districts renewed in synch with the City's Fiscal
Year.
Therefore, the BID Board recommends that the City Council renew the Marine Avenue
Business Improvement District for a period of six months, and then be renewed again in
July of 2006 in order to match the City's Fiscal Year.
The boundaries of the benefit zone will remain the same as 2005 as set forth with greater
specificity in the map attached as Exhibit A and incorporated herein.
The benefit assessments will be collected by the City in one installment during the short
year six month period. The benefit assessment 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 if the business is located in a downstairs space; if upstairs, a flat
$25.00 will be assessed. 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 per year. Insurance
agencies that are exempt from City business license regulations shall be assessed $250
per year. 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.
Proposed Improvements. Activities and Budget
The SY 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:
The improvements and activities to be provided for the coming fiscal year include:
1. Marketing, advertising and public relations.
2. Promotion of public events that are to take place on or in any public places in area.
3. Decoration of any public place in the area.
4. Public area improvements and maintenance activities.
•
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5. The general promotion of retail trade activities.
The estimated cost of providing the proposed improvements and the activities described
in this report are approximately $6,850. The implementation of these actions is more fully
described in the attached Priorities and Budget Outline for the short 2006 year. The
merchants of Marine Avenue appreciate the efforts of the City Council and your
continued support of Balboa Island.
•
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Marine Avenue
Business Improvement District
Priorities and Budget Outline
January 1, 2006 —June 30, 2006
Funds Available FY land 2004 $ 600
Funds to be Collected January 2005 $6,250
Anticipated Matching Funds from City (see note Below) $ 0
Total Available Funds $ 6,850
Priorities Percent of Budget Amount
1. Sidewalk Cleaning 77% $ 5,300
2. Marketing 15% $1,000
• Continue to develop and market website
• Place advertising in tourist related publications
3. Memberships 5% $ 350
• Newport Beach Visitor and Convention Bureau .
5. Administration 3% $ 200
• Mailing and Postage Costs
Note: Matching funds will not be available until the next year's renewal in July of 2006.
Therefore, certain marketing and administrative programs will be placed on hold until the
District renews.
•
EXHIBIT C
RESOLUTION NO. 05 -_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO RENEW THE MARINE
AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE SHORT
FISCAL YEAR OF JANUARY 1, 2006 TO JUNE 30, 2006, AND FIX THE
TIME AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Marine Avenue 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 Fiscal
and Calendar 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 Advisory Board is
hereby approved. The Annual Report contains a description of improvements
and activities to be provided for 2006, the area boundaries, and the annual
assessment within the District.
Section 2: The City Council hereby declares it intention to renew
the Business Improvement District for the fiscal year January 1, 2006 to June 30,
2006 pursuant to the Act.
•
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Section 3: The location of the District will remain the same:
generally the 200 and 300 blocks of Marine Avenue 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 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 benefit assessment 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 if the business is located in a downstairs
space; if upstairs, a flat $25.00 will be assessed.
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. An owner of more than one business within the District
shall only be required to pay the assessment for the largest business, and shall
be exempt from assessments on additional businesses within the District. .
Resolution No. 05 -_
Marine Avenue Business Improvement District
10
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Section 8: 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 ahy public place in the area;
5. Public area improvements and maintenance activities;
6. The general promotion of retail trade activities.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport
Beach shall conduct a public hearing on December 13, 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 establishment 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, 92658. Telephone (949) 644 -3225.
Resolution No. 05 -_
Marine Avenue Business Improvement District
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
and thereon held on the day of
MAYOR
ATTEST:
CITY CLERK
2005.
0
ATTACHMENT: Exhibit A - Boundary Map •
Resolution No. 05-
Marine Avenue Business Improvement District
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Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County. California. Number A -6214,
September 29. 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
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 below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
DECEMBER 3,2005
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on DECEMBER 3,2005
at Costa Mesa, California.
J
Signature
f4
OF THE CI7Y COUNCIL OF THE CI7Y OF NEWPORT
INTENTION 70 RENEW THE MARINE AVENUE BI
DISTRICT FOR THE SHORT FISCAL YEAR OF JA
JNE 30, 2006, AND FIX THE 71ME AND PLACI
WHEREAS, the Marine Avenue 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.. thereinafter 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 Fiscal
and Calendar 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
ecol v es as follows.
Section 1: The Annual Report filed by the Advisory Board is hereby
'approved. The Annual Report contains a description of improvements and
activities to be provided for 2006, the area boundaries, and the annual
a,-,ssment within the District.
Section 2: The City Council hereby declares it intention to renew the
Business Improvement District for the fiscal year January 1, 2006 to June
30. 2006 pursuant to the Act.
Section 3: The location of the District will remain the same: generally
the 200 and 300 blocks of Marine Avenue as set forth with greater
,.narificity 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 Dtrtrict Such benefit assessment shall be as follows:
A. t :ankf .rod financial institutions that are exempt from City business
license regulations shall be assessed $500 per year.
0. Inl.oranca 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 benefit assessment 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 if the business is located in a
downstairs space: it upstairs, a flat $25.00 will be assessed.
Seaelon 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. An owner of more than one business within the District
shall only be required to pay the assessment for the largest business,
and shall be exempt from assessments on additional businesses within
the District
Section 8: the improvements and activities to be funded by the benefit
as ^essmeuts shall include only the following:
1. Marketing, advertising and public relations;
2 Brochure development and distribution:
s. 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.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport
Reach shall conduct a public hearing on December 13, 2005 at 7:00 p.m..
as soon thereafter as this matter may be heard, in the Council
Chambers located at 3300 Newport Boulevard, Newport Beach, California
at which Eme the Council will hear all interested persons for or against
No, e.tabbshment of the District, the extent of the District and the
,puc:h,. types of improvements or activities to be funded by the benefit
assrssment. Protests may be made orally or in writing. but if written,
shall he 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
protect is only against the furnishing of a specific type or types of
im provempnts or activity within the District, those types of improvements
for acto dies shall be eliminated.
f other rotor ma non regarding the proposed Business Improvement Distr icI
ren ewal may be obtained at the Newport Beach City Hall, 3300 Newport
Coulevard. Newport Beach, California, 92658. Telephone (949) 644 -3225,
the City Clerk shall cause this resolution of intention to be publisher
(once in a newspaper of general circulation in the City at least sever
days before the public hearing.
This resolution shall take effect immediately upon adoption. Passed anc
adapted by the City Council of the City of Newport Beach at a regular
meef ng and ih:xeon held on the 22nd day of November 2005.
;: sr John H,.ffei nan MAYOR
ATTEST:
Harkless CITY CLERK
idary Map (available in the City Clerk's Office)