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HomeMy WebLinkAbout06 - Marine Avenue BIDCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning Department Kathlyn Bowden, AICP, Economic Development Coordinator kbowden@city. newport- beach.ca.us SUBJECT: Marine. Avenue Business Improvement District Renewal: Annual Report for Fiscal Year 2009 -2010, and Adoption of Resolution of Intention to Levy for the Fiscal Year 2009 -2010. ISSUE: Should the City Council renew the Marine Avenue Business Improvement District for its 14th year of operation, for the BID's fiscal year of July 1st, 2009 to June 30th, 2010? RECOMMENDATION: 1. Approve the Marine Avenue Business Improvement District Year 2009 - 2010 Annual Report; and 2. Adopt the Resolution of Intention to Levy Assessments and set the public hearing for June 23, 2009. DISCUSSION: Background: The Marine Avenue Business Improvement District (BID) is nearing the end of its thirteenth year of operation and requests renewal of the District for the fiscal year July 1, 2009 to June 30, 2010. The Marine Avenue BID was established January 1, 1996. This report summarizes the District's accomplishments during the previous fiscal year 2008 - 2009, its thirteenth 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 June 23, 2009. The District includes the 200 and 300 blocks of Marine Avenue Marine Avenue BID Renewal Hearing June 9, 2009 Page 2 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 2008 -2009 and proposed activities for the fiscal year 2009 - 2010 are provided below. The District's 2009 - 2010 activities are proposed to remain the same as in the fiscal year 2008 - 2009. Thirteenth Year District Accomplishments: The Marine Avenue Business Improvement District has sponsored the following promotions and activities during the past year: • Placement of advertisements in several tourist related publications. • Continued operation and improvement of the highest visited Balboa Island website, www.balboa - island.net. • Christmas decorations and lighting to enhance holiday shopping along Marine Avenue. • Participation with the Anaheim /Orange County Visitors and Conference Bureau to more widely encourage county-wide tourists to visit Balboa Island • Participation with the Newport Beach Conference and Visitors Bureau, particularly in the installation of a directory at the ferry landing directing people to Marine Avenue. • Preparation and display of Balboa Island flag campaign in conjunction with the Balboa Island Improvement Association (BIIA). • Moved to secure insurance coverage for the advisory board. • Created Standing Committees (Marketing /Advertising, Beautification, and Outreach), elected Standing Committee Chairs, and adopted plans of work corresponding to each Committee. Fiscal Year District Revenues: During 2008 — 2009, the District collected approximately $13,800 in member assessments with $2,500 in additional funds remaining to be collected. Its account balance at the beginning of the year was $9,789. The BID received $6,148 in funds from the City. The BID has spent approximately $17,956 for approved activities, and anticipates spending an additional $5,200 by fiscal year end. It is anticipated that a remaining balance of approximately $6,300 will be carried over into the 2008 - 2009 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 $27,050. 9. Marine Avenue BID Renewal Hearing June 9, 2009 Page 3 FUNDING AVAILABILITY: Business Improvement District matching funds are included in City Budget Account No. 2720 -8250. Prepared by: eTHEcon LYN BOWDEN omic Qevelopm ent t Coordinator With Assistance from: CLINTON SCOTT PALMER B.I.D. Systems, Inc., BID Administration Submitted by: Attachments: Exhibit A — BID Boundary Map Exhibit B — FY 09 -10 Annual Report and FY 09 -10 Priorities & Budget Exhibit C — Resolution of Intention to Levy 2009 - EXHIBIT B MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2009 - 2010 ANNUAL REPORT This is the annual report for the thirteenth 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 (July 1, 2008 to June 30, 2009) and the proposed activities and budget for the 2009 — 2010 fiscal year. 2008 — 2009 Accomplishments Among the Marine Avenue Business Improvement District accomplishments during 2008 — 2009 are the following: 1. Placement of advertisements in several tourist related publications 2. Maintained the highest visited Balboa Island BID sponsored website, www.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 5. Participation with the Newport Beach Conference and Visitors Bureau. 6. Preparation and display of Balboa Island flag campaign in conjunction with the Balboa Island Improvement Association. 7. Created Standing Committees (Marketing /Advertising, Beautification, and Outreach), elected Standing Committee Chairs, and adopted plans of work corresponding to each Committee. 8. Moved to secure insurance coverage for the advisory board. Basis for Levying Assessments 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. 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 if the business is located downstairs; if upstairs, a flat $25.00 will be assessed. 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 Fiscal Year District Revenues During 2008 — 2009, the District collected approximately $13,800 in member assessments with approximately $3,500 in additional funds remaining to be collected. Its account balance at the beginning of the year was $9,789. The BID received $6,148 in funds from the City. The BID has spent approximately $17,956 for approved activities, and anticipates spending an additional $5,200 by fiscal year end. It is anticipated that a remaining balance of approximately $6,300 will be carried over into the 2009 - 2010 fiscal year budget. Renewal of District The boundaries of the benefit zone will remain the same as fiscal year 2008 - 2009 as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. Proposed Improvements. Activities and Budget The BID Advisory Board submits the 2009 -2010 Priorities and Budget Outline as part of the Annual Report, including specific goals for each category. The highest priorities for the upcoming fiscal year are: 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. 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 $27,050. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2009 — 2010 fiscal year. The advisory group of the Marine Avenue 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 2009 -2010 budget. The merchants of Marine Avenue appreciate the efforts of the City Council and their continued support of their BID. 2 I Marine Avenue Business Improvement District Priorities and Budget Outline July 1, 2009 — June 30, 2010 Funds Available Fiscal End 2008 - 2009 Funds to be Collected July 2009 Anticipated Matching Funds from City Total Available Funds $ 6,300 $ 13,100 $ 8,000 $ 27,400 Priorities Amount Marketing $19,075 1. Continue to develop and market website 2. Place advertising in tourist related publications Memberships $ 1,300 1. Newport Beach Visitor and Convention Bureau Administration $ 2,476 1. Mailing and Postage Costs Flag Program $ 3,000 Seasonal Decor $ 1,200 Total Expenditures $ 27,051 3 EXHIBIT C RESOLUTION NO. 09- 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 FISCAL YEAR OF JULY 1, 2009 TO JUNE 30, 2010, 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 the Fiscal Year 2009 -2010 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 2009 - 2010, 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 July 1, 2009 to June 30, 2010 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 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°/x) 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. 09-- Marine Avenue Business Improvement District G 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 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 23, 2009 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. 09 -_ Marine Avenue Business Improvement District I 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 2009. MAYOR ATTEST: CITY CLERK ATTACHMENT: Exhibit A - Boundary Map Resolution No. 09 -_ Marine Avenue Business Improvement District Author vcd hh Puhh.h AdlefII wllwn 1, of all kind, In. haling puhln null: n bh (ACCrec of the Sultenur ('nun of Grange t'uunly. ('al Ifcrrnttl Nurnlher A -6' ( 1 Scptctnher 20. l9bl, and \ 'lint I tunic 11 146: 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: June 13, 2009 declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 16. 2009 at Costa Mesa, California. A 11113 111 OF N MY OOOII4 a 1NE arY OF ON Wn DEOAAING rfS MTOMON TO MM 1NR AYORK 11111 S KW FOR THT FKTAI TSAR OF AXY 1, SON TO AN 30;1010, AND FIX THE =AND RACE Of A MW HFAM. VEHEREAS. Me Marne Avenue Business improvement District was eslabkshed in 19% pusuant 10 Me Parking and Business Improvement Area Law of 19M, C*k'M Sbee6 and 1191ways Code. Section 3!300 at W. lnerematter the i 'acn. which repwes an annual report to W tied and approved by the City Council for each fiscal yea. and WHOM, the Adahsory Board has prepared an Annual Report for the /rsal Yew 20092010 which a on file in the Office of the City Clerk, and WHIMAS, the Act re9iwls Me City Council M dsiare its intention to levy and collect assessments whtah the Basmesi Impra ti then Distrhet fa the neat fiscal yea LOW, T/ERBDRIL the City CauwCA or the Cdr of Newport Beach resdves as follows Sadbh 1: the Annual Repel filed by the AMnwy Board 4 hereby approved The Arthur Report Contorts a dew Dian of unproverni and acbwles to W provided Iva 2009 2010, Me area weuadwes, and the show assessment weed The Drstricl Soc"m Z: The City Council hereby declares w intention to renew the Business hnRaswmmt D6trct fair Me fiscal year Wry 1 2009 to Amt 30. 2010 pursuant to the Act Sad$mn 3f The location of Me thstret wrll remain to same generally tft 200 and 300 blocks of Maim Avenue as sel forth in greater specificity o Me map attarftd as Exhibit A and mcdrponated mean Sedlen M, The City Council intends 10 levy and impose and order the cdlectan cf a benefit assessment upon petsoos conduchn busness in the Doh K! Such benefit assessment "I be as fotbws. A, BANS and financial mstatubons Mat we exempt tram Crty business license r limns shat be assesep M per year Insurance Agencies that are exempt ham City MNnKS kense regaLMons shun be assessed 5250 per year. C. Persorn Operating ore of the following types of businesses as an independent contractor in as esbbleairrent owned by another person shall be exempt from Ann assessmem' I Her stylish 2 Nail Iecn.chans 3 Rest estate agents D. The benefit' assessment still be eawl to we hlnyed peceot (100%) of Me CiNs annual baseness Attnsa Ne as estahksPSd pwtuwd to Chapter SOB of the Mhnppw Code it the puvrhess is located in a downstairs space, d upstaus a hat 325 00 vnll be assessed $@open S: The beehl aseeEnenh shall be collected by the City in ors .statement, In conectrons for new bvaessa n the District an the day of the issuance of a business license by the Cdy The assessment for new businesses shall be pro rated according to Me number of fun months rema inteN n the District's fiscal yew Sadlee 6: Te penalty for delinquent payments shall he Melly five pertlm per month. providing that MA penally, to be added shall in no event exceed one h"ed percent of the assessrtienn am0um due SeaNar 7. An owner of more Man oft business within the District shad wkly be rewled to pay Bar assessment for Me largest MEnesl, and Shall W exterior from assessments On additional businesses within Me District Sadoa k The improvements and activities to be funded by Me benefit assessments shall vsce de only the blowing I MErketme edvertisrig and puldc relabory,, 2 Brochure devdopnenr all ddtrOubon, 3 Promotion of pulp events Bhe we to take place on or n any public places m the area a Decorates of any puble pbce an the sea, 5 Public lea improvements and no nrmance abwlei. 6 It* Missal promotion of rated Trade acWrtes BE If FURRIER RESOLVED. Mal titre CNy Caned d the City of Newport Mods olds I a poye liewl we Jar 23, 7009 or 7:00 yin, or m teen leer"No as skit nm0ar may be Ares , in 1M Council Ciswi — . . a 3300 La list Boulevard, Nawpert ReaAA Cello at winch time the Council will (rear an mterested pwsws for or against Me in tabkNrrent of Me DutrM, the extent of the District aril the sixecdhc types of rnpovemenh a Kit es to be funded by Me Wert assessment Protests may be made pretty or in MhVhp, but d rwrtlm. shall he tied with the City Clerk at a before to time fixed lot the Hearing and Lintam sufficient dercunentahon to vwM bushress ownwslup and validate the ashcular poorest. B whiten protests we texcemed by the owners of businesses within the District that pay Illy percent or more of Me total aRnYnmis to be levied . no tutb praeedmgs to anew Be District shall be taken la a pi of we Year tram the date of the find" of a nftpdy Rohs! by Me City Council If the maturity protest is only against Me hrrnisNng of a speofK type or types of improvements or activity within Me 0.strhct. Mole types of improxamenls Or KtNdWs Shall be eemnate Fix, et nlwmagn regerei the proposed BpshMSS Ipovenwnt District renewal buy be obtained at to Newport Beach City Hall, 3300 Newport Boulevard. Newport Reach, CaMwnw. 92658 Telephone (919) 644 3725 The CM Clerk shad cause to resohdon of Menton to be published Once in a rK"Varen of genwal crCdarhm in the Coy at east seven days bears the cawing rstpluban flan take erect minedutery upon adoption Passed and adopted by the City Cound of Me CM of Newport Beach at a rapes Meeting and thaa en held wh the gill day of Aar. 2009 /S/ MAYOR ATTEST N CITY CLERK Exhibit A Boundary Map (Available far Vewhng n the Gty Clerks Office) PWh$W BeaM Costa Mesa Dad Pilot sure 13. 2009 Sa85A W sit, Sioature CCr- L J a Z _> s� G3 V�V LU sL� QR N A 11113 111 OF N MY OOOII4 a 1NE arY OF ON Wn DEOAAING rfS MTOMON TO MM 1NR AYORK 11111 S KW FOR THT FKTAI TSAR OF AXY 1, SON TO AN 30;1010, AND FIX THE =AND RACE Of A MW HFAM. VEHEREAS. Me Marne Avenue Business improvement District was eslabkshed in 19% pusuant 10 Me Parking and Business Improvement Area Law of 19M, C*k'M Sbee6 and 1191ways Code. Section 3!300 at W. lnerematter the i 'acn. which repwes an annual report to W tied and approved by the City Council for each fiscal yea. and WHOM, the Adahsory Board has prepared an Annual Report for the /rsal Yew 20092010 which a on file in the Office of the City Clerk, and WHIMAS, the Act re9iwls Me City Council M dsiare its intention to levy and collect assessments whtah the Basmesi Impra ti then Distrhet fa the neat fiscal yea LOW, T/ERBDRIL the City CauwCA or the Cdr of Newport Beach resdves as follows Sadbh 1: the Annual Repel filed by the AMnwy Board 4 hereby approved The Arthur Report Contorts a dew Dian of unproverni and acbwles to W provided Iva 2009 2010, Me area weuadwes, and the show assessment weed The Drstricl Soc"m Z: The City Council hereby declares w intention to renew the Business hnRaswmmt D6trct fair Me fiscal year Wry 1 2009 to Amt 30. 2010 pursuant to the Act Sad$mn 3f The location of Me thstret wrll remain to same generally tft 200 and 300 blocks of Maim Avenue as sel forth in greater specificity o Me map attarftd as Exhibit A and mcdrponated mean Sedlen M, The City Council intends 10 levy and impose and order the cdlectan cf a benefit assessment upon petsoos conduchn busness in the Doh K! Such benefit assessment "I be as fotbws. A, BANS and financial mstatubons Mat we exempt tram Crty business license r limns shat be assesep M per year Insurance Agencies that are exempt ham City MNnKS kense regaLMons shun be assessed 5250 per year. C. Persorn Operating ore of the following types of businesses as an independent contractor in as esbbleairrent owned by another person shall be exempt from Ann assessmem' I Her stylish 2 Nail Iecn.chans 3 Rest estate agents D. The benefit' assessment still be eawl to we hlnyed peceot (100%) of Me CiNs annual baseness Attnsa Ne as estahksPSd pwtuwd to Chapter SOB of the Mhnppw Code it the puvrhess is located in a downstairs space, d upstaus a hat 325 00 vnll be assessed $@open S: The beehl aseeEnenh shall be collected by the City in ors .statement, In conectrons for new bvaessa n the District an the day of the issuance of a business license by the Cdy The assessment for new businesses shall be pro rated according to Me number of fun months rema inteN n the District's fiscal yew Sadlee 6: Te penalty for delinquent payments shall he Melly five pertlm per month. providing that MA penally, to be added shall in no event exceed one h"ed percent of the assessrtienn am0um due SeaNar 7. An owner of more Man oft business within the District shad wkly be rewled to pay Bar assessment for Me largest MEnesl, and Shall W exterior from assessments On additional businesses within Me District Sadoa k The improvements and activities to be funded by Me benefit assessments shall vsce de only the blowing I MErketme edvertisrig and puldc relabory,, 2 Brochure devdopnenr all ddtrOubon, 3 Promotion of pulp events Bhe we to take place on or n any public places m the area a Decorates of any puble pbce an the sea, 5 Public lea improvements and no nrmance abwlei. 6 It* Missal promotion of rated Trade acWrtes BE If FURRIER RESOLVED. Mal titre CNy Caned d the City of Newport Mods olds I a poye liewl we Jar 23, 7009 or 7:00 yin, or m teen leer"No as skit nm0ar may be Ares , in 1M Council Ciswi — . . a 3300 La list Boulevard, Nawpert ReaAA Cello at winch time the Council will (rear an mterested pwsws for or against Me in tabkNrrent of Me DutrM, the extent of the District aril the sixecdhc types of rnpovemenh a Kit es to be funded by Me Wert assessment Protests may be made pretty or in MhVhp, but d rwrtlm. shall he tied with the City Clerk at a before to time fixed lot the Hearing and Lintam sufficient dercunentahon to vwM bushress ownwslup and validate the ashcular poorest. B whiten protests we texcemed by the owners of businesses within the District that pay Illy percent or more of Me total aRnYnmis to be levied . no tutb praeedmgs to anew Be District shall be taken la a pi of we Year tram the date of the find" of a nftpdy Rohs! by Me City Council If the maturity protest is only against Me hrrnisNng of a speofK type or types of improvements or activity within Me 0.strhct. Mole types of improxamenls Or KtNdWs Shall be eemnate Fix, et nlwmagn regerei the proposed BpshMSS Ipovenwnt District renewal buy be obtained at to Newport Beach City Hall, 3300 Newport Boulevard. Newport Reach, CaMwnw. 92658 Telephone (919) 644 3725 The CM Clerk shad cause to resohdon of Menton to be published Once in a rK"Varen of genwal crCdarhm in the Coy at east seven days bears the cawing rstpluban flan take erect minedutery upon adoption Passed and adopted by the City Cound of Me CM of Newport Beach at a rapes Meeting and thaa en held wh the gill day of Aar. 2009 /S/ MAYOR ATTEST N CITY CLERK Exhibit A Boundary Map (Available far Vewhng n the Gty Clerks Office) PWh$W BeaM Costa Mesa Dad Pilot sure 13. 2009 Sa85A