The URL can be used to link to this page

Home My WebLink About21 - Balboa Village Business Improvement DistrictCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 June 26, 2007 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 2007 -2008. 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. 2007 -_ confirming the levy of the BID assessment for the 2007— 2008 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 12, 2007 the City Council held a public meeting, approved the Balboa Village Business Improvement District 2007 -2008 Annual Report, and adopted a Resolution of Intention to levy and collect assessments for the District for the Fiscal Year of July 1, 2007 to June 30, 2008. Details regarding the proposed renewal of the District and annual report are provided in the attached June 12, 2007 staff report. Balboa Village BID Renewal Hearing June 26, 2007 Page 2 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 Balboa Village Business Improvement District has been published in the Daily Pilot in compliance with state law. Submitted by: ARON . OOD Assistant City Manager Prepared by: DANIEL TRIMBLE, C & ED Program Manager With Assistance from: CLINTON SCOTT PALMER BID Systems Inc., BID Administration Attachments: A — Resolution of Confirmation 2007- ATTACHMENT A RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2007 TO JUNE 30, 2008 FOR THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT. WHEREAS, on June 12, 2007 the BALBOA VILLAGE Business Improvement District annual report was filed and approved by the City Council; and WHEREAS, on June 12, 2007 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, 2007 to June 30, 2008; and WHEREAS, a public hearing regarding the renewal of the BALBOA VILLAGE Business Improvement District was held on June 26, 2007 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 12, 2007 for the BALBOA VILLAGE Business Improvement District for the fiscal year July 1, 2007 to June 30, 2008. 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 2007. MAYOR ATTEST: CITY CLERK FL r1i s CITY OF NEWPORT BEACH• CITY COUNCIL STAFF REPORT Agenda Item No. 6 June 12, 2007 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 Fiscal Year 2006 -2007 and Adoption of Resolution of Intention to Levy for Fiscal Year 2007 -2008. ISSUE: • Annual renewal of the Balboa Village Business Improvement District. RECOMMENDATION: 1. Approve Balboa Village Business Improvement District 2006 -2007 Annual Report; and 2. Adopt the Resolution of Intention and set the public hearing for June 26, 2007 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 26, 2007. The Balboa Village Business Improvement District (BID) is nearing the end of its 2006 - 2007 year of operation and requests renewal of the BID for the fiscal year July 1, 2007 to Balboa Village BID Renewal Hearing June 12, 2007 Page 2 is June 30, 2008. A summary of accomplishments during fiscal year 2006 -2007 as well as the proposed activities and budget for the new fiscal period are provided below. 2006 2007 District Accomplishments: The Balboa Village Business Improvement District has sponsored the following promotions and activities during the past twelve months: *Advertised in the Newport Harbor Chamber of Commerce and the Newport Beach Conference and Visitors Bureau and the Anaheim Visitor's and Convention Bureau's annual Visitor's Guides. *Created a Village wide video promotion to be displayed in local hotel cable broadcasts and on the Catalina Flyer *Contracted with Certified Folder Brochure Distribution to distribute Village brochures throughout Orange County Hotels * Instituted a holiday decorations program that encouraged participation form local merchants. * 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.balboanewportbeach.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 fiscal year the BID received approximately $14,700 in member assessments, and had a prior period holdover of $2,530. The City generously provided $9,440 in matching funds. The BID spent approximately $18,564 for approved activities and anticipates spending another $2,000 before renewal. It is anticipated that a remaining balance of approximately $7,200.will be carried over into the new 2007 -2008 fiscal year budget. 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 $30,900 for the fiscal year. The Balboa Village BID appreciates the City Council's continued support. 7_ Balboa Village BID Renewal Hearing June 12, 2007 Page 3 u 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: Prepared by: Assistant Ci anager C & ED Prog ram—Manager With Assistance from: CLINTON SCOTT PALMER BID Systems Inc., BID Administration Attachments A — 2006 —2007 Annual Report B — Resolution of Intention to Levy 2007 Exhibit 1 - BID Boundary Map P EXHIBIT A BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT • 2006 - 2007 ANNUAL REPORT This is the annual report for the eleventh 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 fiscal year (July 1st, 2006 to June 30, 2007) and the proposed activities and budget for the 2007 -2008 fiscal year. The boundaries of the benefit zone will remain the same as fiscal year 2006- 2007 as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. Among the Balboa Village BID accomplishments during fiscal year 2006 -2007 are the following: *Advertised in the Newport Harbor Chamber of Commerce and the Newport Beach Conference and Visitors Bureau and the Anaheim Visitor's and Convention Bureau's annual Visitor's Guides. *Continued to broadcast a Village wide video promotion in local hotel cable broadcasts and on the Catalina Flyer * Instituted. a holiday decorations program that encouraged participation form local mrchants. * 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.balboanewportbeach.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 2007 to June 2008 year include: 1. Marketing, advertising and public relations. 2. Brochure development and area identity rebranding 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 $29,900. The implementation of these LL • actions is more fully described in the attached Priorities and Budget Outline for the 2007 - 2008 fiscal year. P, The amount of surplus carried over from the 2006 -2007 fiscal year is anticipated to be approximately $7,200 at the year -end, June 30, 2007. 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 2007 - 2008 budget. The merchants of Balboa Village appreciate the efforts of the City Council and your continued support of their BID. Balboa Village • Business Improvement District Priorities and Budget Outline July 1, 2007 —June 30, 2008 Funds Available FY End 2006 -2007 Matching Funds from City 2007 Funds to be Collected 2007 - 2008 7,200 10,200 12,500 Total Available Funds $29,900 Priorities Marketing & Advertising $27,100 1. Maintain memberships with NB CofC /NB CVB 2. Radio advertising 3. Web Site 4. Direct -mail 5. Summer Concerts 6. October Concert / Other Events Outreach Programs $600 1. Monthly newsletter 2. Meeting notices 3. Maintain open communication with residents, BIDs and City Council 4. Construction mitigation campaign Maintenance $600 1. Doggie Walk Bags Administration $1,600 1. Insurance /Other Administration Total Planned Expenditures $29,900 EXHIBIT B • RESOLUTION NO. 2007- 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, 2007 TO JUNE 30, 2008, 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 -1., WHEREAS, the District Advisory Board has prepared an Annual Report for Fiscal Year 2006 - 2007 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 2006 -2007 Fiscal Year, a proposed program for the Fiscal Year 2007 -2008, the District 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 July 1, 2007 to June 30, 2008 pursuant to the Act. T 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 for the shortened period. B. Insurance agencies that are exempt from City business license regulations shall be assessed $250 or the shortened period. 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'4his 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. 2007 Balboa Village Business Improvement District Q • 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. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on June 26, 2007 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 verity 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. l Resolution No. 2007 - Balboa Village Business Improvement District Wi 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 2007. 174 =24 I ATTEST: CITY CLERK ATTACHMENT: Exhibit 1 - Boundary Map Resolution No. 2007 -_ Balboa Village Business Improvement District i lh Bulb Vill' l m,.n �pvove ment Diss.t... J'Gt pU 'Balboa ,Bu2' ne - ss ImproVemeni ;,4: Exhibit 1