HomeMy WebLinkAbout04 - Resolution of Intention to Renew the CdMBID and Levy Assessments in Fiscal Year 2016-2017Q �EwPpRr
CITY OF
z NEWPORT BEACH
City Council Staff Report
May 24, 2016
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
PREPARED BY: Mary Locey, Management Analyst/BID Liaison
mlocey@newportbeachca.gov
PHONE: 949-644-3031
TITLE: Resolution of Intention to
Improvement District and
2017
ABSTRACT -
Renew the Corona del Mar Business
Levy Assessments in Fiscal Year 2016-
The Corona del Mar Business Improvement District (CdM BID) Board of Directors has
submitted the BID's fiscal year (FY) 2015-2016 Annual Report for City Council approval
and has requested renewal of the BID for FY 2016-2017.
RECOMMENDATIONS:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly;
b) Approve the Corona del Mar Business Improvement District Fiscal Year 2016-2017
Annual Report; and
c) Adopt Resolution No. 2016-63, A Resolution of the City Council of the City of
Newport Beach, California, Declaring its Intention to Renew the Corona del Mar
Business Improvement District and Levy Assessments for the Fiscal Year of July 1,
2016 to June 30, 2017, and Fix the Time and Place of a Public Hearing for June 14,
2016.
FUNDING REQUIREMENTS:
The City of Newport Beach collects the member assessments on behalf of the CdM BID
and remits the monies back to the BID for funding the activities described in the
attached annual report. In addition to the member assessments, in 2013, the City
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Resolution of Intention to Renew the Corona del Mar Business Improvement District
and Levy Assessments in Fiscal Year 2016-2017
May 24, 2016
Page 2
Council agreed to provide $40,000 each year for five years (ending in FY 2017-18) to
support the CdM BID efforts.
In 2014, the City Council approved reducing funding to $20,000 when it was agreed to
bring the BID accounting (assessment billing, collection, financial reporting) and minimal
administrative support in house to be performed by City staff.
The City's proposed FY 2016-2017 budget includes sufficient funding to continue to
support the CdM BID. It will be expensed to the Professional and Technical account in
the City Manager's Office, Economic Development Division, 01020202-811008.
DISCUSSION:
The Corona del Mar Business Improvement District (CdM BID) was formed in 1997
(Ordinance 97-24) pursuant to the Parking and Business Improvement Area Law of
1989 (1989 Law), codified in Streets and Highways Code Sections 36500 et seq. The
CdM BID was established for the purpose of financing activities and programs to benefit
the businesses located and operating in the area. The CdM BID territory encompasses
the area generally located along East Coast Highway from Hazel Drive to Avocado
Avenue in Corona del Mar. (A boundary map is attached to the Resolution.)
The CdM BID is nearing the end of its FY 2015-2016 and the Board of Directors has
requested renewal of the BID for FY 2016-2017. Pursuant to the 1989 Law, an annual
report must be prepared and a public hearing must be held prior to the BID's renewal.
The CdM BID Board of Directors, which serves in an advisory capacity to the City
Council, has prepared and submitted the attached annual report (Attachment A) for the
Council's review and approval. The report includes a summary of the CdM BID's FY
2015-2016 accomplishments and revenues, as well as its proposed activities and
budget for the new fiscal year. The report does not contain recommendations to alter
the BID boundaries or the method and basis for levying assessments.
Fiscal Year 2016 Accomplishments
The CdM BID has remained focused on its Vision 2020 revitalization projects and
maintenance programs. The Board developed a priority list of projects that are detailed
in the attached annual report. A few highlights from this past fiscal year are described
below.
• Gateway Project — The Public Works Department is currently overseeing
construction of this long-awaited project, also known as the CdM Entry Project.
After construction began, the CdM BID Board approached the City with a request
to install low -voltage uplighting and electrical outlets. Public Works issued a
change order using a majority of the project's contingency funds to fulfill the
Board's request. The CdM BID has budgeted for the ongoing electrical
maintenance, repairs and replacements of the electrical system.
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Resolution of Intention to Renew the Corona del Mar Business Improvement District
and Levy Assessments in Fiscal Year 2016-2017
May 24, 2016
Page 3
• Marguerite Beautification Project and Flower Street Signs Program — The CdM
BID Board has been working with the community to develop a beautification
project at the Marguerite Avenue and East Coast Highway intersection.
Envisioned improvements include landscape and hardscape at the four
intersection corners. One of the project components is to create and place
decorative street signs along East Coast Highway for the "flower streets." Efforts
on the street sign portion of the project will continue during fiscal year 2016-2017
and the landscape and hardscape improvements have been postponed.
• News Rack Program — The CdM BID Board, in conjunction with staff from the
City Attorney's Office and Public Works, are drafting an amendment to the
existing municipal code to allow gang -style news racks (one pedestal fixture with
multiple boxes) within the CdM business district. The Board has budgeted
$20,000 toward purchasing and installing the new fixtures (total cost estimate is
$45,000). The Public Works Department will bring an item to the City Council for
consideration in a few months that would amend the municipal code and request
City funding support in the amount of $25,000 (See Attachment B).
• Parking — The CdM BID created a parking subcommittee, which is looking for
ways to improve and better manage parking in the village. The subcommittee is
taking a two-pronged approach: 1) create and/or free up parking and 2) reduce
the parking zone requirement (See Attachment C). In an effort to find solutions,
the subcommittee has been meeting with City staff from the Finance Department
and the Planning Division.
As a way to help balance the need for funding capital improvements and
improvements requested by the CdM BID, City staff has brought forward the idea
of installing parking pay stations within the business district along East Coast
Highway. This concept was discussed during the fiscal year 2015-2016 budget
development process and has recently been discussed at both the CdM BID and
the CdM Residents Association Board meetings. Both groups have requested
additional outreach efforts and the development of a plan for the expected
revenue.
The remainder of FY 2016-2017 activities listed in the annual report includes the
ongoing and regular efforts of the CdM BID for general maintenance of the East Coast
Highway tree -well landscaping and street furniture (benches, trash receptacles and
bicycle racks) and the marketing outreach efforts of the events and activities that occur
within the CdM BID boundaries.
City staff is recommending adoption of Resolution No. 2016-63, a Resolution of
Intention to Renew the Corona del Mar Business Improvement District (Attachment D)
and levy assessments in fiscal year 2016-2017 and setting the public hearing for
renewing the CdM BID for June 14, 2016.
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Resolution of Intention to Renew the Corona del Mar Business Improvement District
and Levy Assessments in Fiscal Year 2016-2017
May 24, 2016
Page 4
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — CdM BID Annual Report and Budget
Attachment B — CdM BID Letter Regarding News Racks
Attachment C — CdM BID Parking Subcommittee Meeting Minutes
Attachment D — Resolution of Intention to Renew the CdM BID
Resolution Exhibit A — CdM BID Boundary Map
ATTACHMENT A
Corona del Mar Business Improvement District
FISCAL YEAR 2015-2016 ANNUAL REPORT
This is the annual report for the twentieth year of the Corona del Mar Business Improvement District,
as required by Section 36533 of the California Streets and Highways Code.
1. Proposed Changes to the District Boundary
There are no changes proposed to the district boundaries.
2. Improvements and Activities for the Fiscal Year of July 1, 2016 to June 30, 2017
VISION 2020 - REVITALIZATION IMPROVEMENTS & MAINTENANCE
The following are revitalization project improvements and maintenance programs planned for
Corona del Mar's Business District (BID) for the fiscal year 2016-2017. These expenditures
are consistent with the BID's Vision 2020 plan:
2.1 Gateway Project — Electrical Maintenance (MacArthur & PCH)
The Gateway Entry Improvement Project has been part of the BID's original Vision
Plan for Corona del Mar for the past 15 years and was recently completed. The BID
will budget for annual electrical maintenance to ensure electricity stays in working
order.
2.2 Marguerite Beautification Project & Flower Street Sign Program
The Board seeks to continue creating a sense of identity for the Village at the
intersection of Marguerite and Coast Highway that would include improvements to
landscaping, streetscape and an enhanced street sign program to accentuate the
popular "Flower Streets". The Board has determined that the landscape and
hardscape components of this project are beyond budgets for this fiscal year,
however the BID plans to pay 100% of the Flower Street Sign Program and has
budgeted $22,000 towards this goal. The Street Sign Program shall include
replacement of existing street signs in the Business District with taller and larger signs
that would include an illustration of the Flower in which the street is named.
2.3 News Racks Program
The BID has been striving to upgrade the Newspaper Racks throughout the Business
District. The current news racks are damaged, unsafe and in some cases take up
valuable parking spacing on Coast Hwy. The improvement program groundwork has
begun in FY 2015/16 with the help of the City staff, legal department and Council.
The Guidelines are almost complete and the BID has budgeted $20,000 towards the
cost of project completion. The Board is also asking City Council to consider
assisting with an additional $25,000 from the City's general fund. In addition, the BID
will be working with the City on proposed changes to the Municipal Code evaluating
the condition and placement of Newspaper stands.
G&I
2.4 Parking Improvements
The BID will continue to study and analysis the various components affecting parking
in Corona del Mar and identify possible solutions working with property owners and
City staff on parking ordinances and the possible creation of a Parking District.
2.5 Landscaping & Tree Well Maintenance
The BID will continue to provide maintenance through a landscape agreement to
assure the proper care, cultivation and irrigation of 180 tree well areas. The BID will
continue to provide oversight of overall landscaping in the village working closely with
the City. The BID will also pay for the upkeep and repair of the irrigation backflow
valves that water the street trees.
2.6 Streetscape & Street Furniture Maintenance
The BID will continue to maintain and refurbish existing street furniture including trash
receptacles, benches, bike racks and bus stops to ensure quality aesthetics.
VISION 2020 — MARKETING & MEMBER BENEFITS
2.7 Website & Communications
The BID has been working with an antiquated website platform for many years and
has begun efforts in FY 2015-16 to rebuild its website. During FY 2016-17, the BID
will continue creating a state of the art website to enhance the online branding of the
District, increase exposure to the BID projects and accomplishments, and improve
electronic member communications. The BID shall coordinate changes to content,
transfer of maintenance and hosting and related tasks with developers for a
successful and useful web presents.
2.8 Marketing & Media Campaigns The BID will continue to develop and manage a
variety of marketing & media programs through the CdM Chamber of Commerce to
assist the retailers in the Business District. One highlight focus shall include a "Shop
Local" Ad Campaign, Holiday Ad campaign and development of various print media
and online marketing for Corona del Mar's Business District. The BID will maintain
the existing Social Media Platform and develop methods to improve electronic
communications with its members. The Social Media tools allow further promotions
of shopping local campaigns and utilizing local merchants within the District. The BID
will maintain the existing BID marketing programs and develop new strategic
campaigns to promote economic growth within the District as it does each year. The
BID will continue media relations with local press and community associations and
maintain or develop new BID marketing collateral.
2.9 Corona del Mar BID Member Directory, Window Decals & Informational
Brochures.
The BID shall continue to co -produce and co -publish the annual business
membership promotional publication called the Corona del Mar Business Directory
(Directory). The Directory shall list and market the Corona del Mar BID Members in a
colorful print publication campaign for shopping local and mailed to 10,000-12,000
households in Corona del Mar and surrounding areas. The BID will also update its
annual Vision 2020 brochures listing the BID's recent accomplishments and future
goals. This brochure will be distributed with the annual member assessment mailings
in July and throughout the year.
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2.10 Christmas Walk
The BID will contribute funds to the CdM Chamber to sponsor the annual Christmas
Walk, which successfully stimulates the economic climate of the District and provides
a promotional platform for all businesses within the District boundaries and beyond.
2.11 Pacific Coast Hwy Dolphin Topiary Program
The BID will continue to fund & coordinate the festive seasonal decorations of the
Dolphin Topiaries at the intersection of Marguerite and Coast Highway. The BID
continues to receive countless online communications from the local community on
the value of this traditional program.
2.12 Street Light Banner Program
The BID will continue to fund and coordinate the rotating Light Pole Banner Program
to highlight the annual CDM Signature Community events (Annual Town Meeting,
Scenic 5K, Christmas Walk) as well as the Happy Holidays Banners. The BID will
continue to work with vendor and City on permits, schedules and
installation/breakdown. The Light Pole Banner Program continues to offer the
Business District a sense of community spirit and promotion.
2.13 Business District Holiday Decor Program
The BID will continue to fund and coordinate installation and maintenance of the
annual Holiday Decorations within the Business District. The BID will work with the
contract vendor and the City on annual permits, lighting maintenance, &
installation/breakdown as in past years.
2.14 Marketing Consulting & Reporting
The BID shall continue the marketing consulting contract with the CDM Chamber of
Commerce to formulate, coordinate and administer the marketing efforts of the BID
and report to the Board routinely on the results of the marketing activities.
VISION 2020 — OUTREACH
2.15 Annual Town Meeting
The BID will continue to hold and produce the Annual Town Meeting for Corona del
Mar and coordinate a "State of the Business District Address" to its members and
residents alike. The meeting serves as an outreach platform and community
gathering for the District. The Annual Meeting is required by the BID bylaws.
2.16 Business Beautification Award Program
The BID will continue to pay for and manage the successful bi-monthly Business
Beautification Award Program by identifying business locations within the District who
have renovated, remodeled or enhanced the aesthetics of their storefronts
contributing to the overall Vision 2020 Plan. Recipients of the award receive media
attention and an award at a community event.
2.17 Outreach Materials & Mailings
The BID shall continue to communicate with the community through exhibiting at
various monthly and annual events. Programs, collateral and BID announcement will
be available, displayed and communicated through the CDM Chamber of Commerce,
Residents Association and at other community events. The BID will continue to mail
members who have paid their membership assessments a membership decal
signifying they are in good standing with the BID.
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VISION 2020 — ADMINISTRATION
2.18 Administrative Consulting & Reporting
The BID shall continue the administrative consulting contract with the CDM Chamber
of Commerce to formulate, coordinate and administer the BID and report to the Board
routinely on the results of the administrative duties. Activities include preparing &
Coordinating Agendas, memos, communications and/or reports (preparation of
annual reports & budget). Other duties include serving as liaison with City Staff and a
post -meeting action item list provided to representative to the City Manager's Office.
The BID Board shall continue to assume some administrative responsibility to include
taking Meeting Minutes.
2.19 Administrative Expenses
The BID shall continue to operate & conduct general business through the Com
Chamber of Commerce as a designated consultant who shall provide for a physical
mailing address, telephone answering service, office equipment, meeting space and
storage of BID collateral.
2.20 Accounting Services
The City shall provide part-time staff support, solely responsible for handling the
bookkeeping services for the BID. The employee would coordinate the assessment
billing and collection efforts, accounts receivable and payable, prepare the monthly
financial reports, and assist with posting meeting agendas and minutes.
3. Estimated Cost of Improvements & Activities for FY 2016-17
Improvements
$
48,800
Landscaping (Maintenance & Other)
$
20,480
Streetscape) (Maintenance & Other)
$
6,000
Marketing & Administration
$
73,700
Website (New)
$
10,100
Holiday Decor & Lite Pole Banner Program
$
29,178
Outreach
$
1,342
Administrative Expenses
$
1,400
TOTAL
$
191,000
2020 Vision Plan Revisions
The Board continues to reevaluate and revise the 2020 Vision Plan. Subcommittee meetings &
workshops to develop new objectives will continue to be held. Efforts will continue to inform
business and residential communities of the findings of the board
4. Method and Basis of Levying the Assessment Shall Continue as Follows:
The benefit assessments will be collected by the City in one installment. The benefit
assessment shall be equal to one hundred fifty percent (150%) of the City's annual business
license fee as established pursuant to Chapter 5.08 of the Municipal Code. The penalty for
delinquent payments shall be equal to that established for delinquent business license fees
pursuant to Chapter 5.04 of the Municipal Code, providing that the penalty amount added
shall in no event exceed fifty percent (50%) 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
4
OR
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/year.
Insurance agencies that are exempt from City business license regulations shall be assessed
$250/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. 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. The BID is considering recommending a
more aggressive collection effort on delinquent member assessments.
5. Surplus Carryover from Fiscal Year 2015-2016
It is estimated that approximately $64,000 will be carried over from FY2015/16 to FY2016-17.
6. Sources of Contributions from other than levy
In addition to the annual BID assessments to members, the BID assumes there will be the
following additional funds or services contributed from the City of Newport Beach to BID
programs and projects for the FY 2016-2017:
a. City "Matching Funds" or Standard Annual Contribution: $ 20,000
b. City support for the newspaper rack program $ 25,000
Prior Year Accomplishments
The FY 2015-2016 was a successful year for the District. The City contributed $20,000 as the third
installment of a five-year commitment to support the BID. The BID successfully began work or
completed projects & programs, maintained existing programs and developed new projects within
the CdM Village as follows:
Improvement Protects
Gateway Electrical Components $ 20,000
Marguerite Project $ 2,200
Streetscape Maintenance
$ 580
Landscaping
Tree Well Landscaping & Maintenance & Back Flow $ 20,000
Holiday Decor & Lite -pole Banner Program
Dekralite Contract $ 24,800
Marketina & Administration
Ad Campaigns, Brochures, Website Maintenance & Hosting, Business Directory,
Dolphin Topiary Program, Beautification Program, Xmas Walk Sponsorship,
Membership Decals, Annual Mtg, Mailings, Storage & Physical Address, Board
Administration, Agendas, Reports, Communications.
$ 42,000
TOTAL $109,580
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Corona del Mar Business Improvement District
Proposed Operating Budget / Fiscal Year July 1, 2016 thru June 30, 2017
Source of Funds
Budget
Member Assessment (net)
107,000.00
City Matching Funds
20,000.00
Carry over contribution from FY 2015-16
64,000.00
Total Sources of Funds
191,000.00
Use of Funds
Administration
Mailings
1,400.00
Total Administrative
1,400.00
Improvements
Marguerite Project
22,000.00
Gateway Electrical Maintenance
1,000.00
Parking
3,000.00
Consulting / Studies
2,800.00
News Racks
20,000.00
Total Improvements
48,800.00
Landscaping
Backflow Valve
2,000.00
Landscape/Tree Wells - (Pinnacle Contract)
12,480.00
Landscaping Contingency
6,000.00
[Total Landscaping
20,480.00
Streetscape
Street Furniture (Maintenance)
1,000.00
Street Furniture (Benches)
5,000.00
Total Streetscape
6,000.00
Marketing & Administration
Marketing Campaigns & Programs
15,000.00
Collateral/Brochures
1,600.00
Directory
7,500.00
Christmas Walk
4,000.00
Dolphins
1,000.00
Beautification Award Program
1,000.00
Office facilities/Storage/Phones
3,500.00
Social Media/Communications
1,200.00
Annual Meeting
1,000.00
Membership decals
1,200.00
Website - Hosting & Tech Support
1,500.00
Website - Maintenance
7,200.00
Consulting (Reporting)
23,000.00
Contingency
5,000.00
Total Marketing
73,700.00
Website - Development
Website - Development & Project Management
9,100.00
Contingency
1,000.00
Total Marketing
10,100.00
Highway Decor - Dekralite
Banner Program (Litepole)
5,178.00
Holiday Decor (Contract)
21,000.00
Contingency
3,000.00
Total Marketing
29,178.00
Outreach
Contributions (Sherman Gardens)
500.00
Community Workshops
842.00
Total Outreach
1,342.00
Bad Debt Expense
Total Uses of Funds
191,000.00
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ATTACHMENT B
Business Improvement
February 23, 2016
Newport Beach City Council
100 Civic Center Drive
Newport Beach, CA 92660
Dear City Council,
RE: FY 2016/17 General Fund Request of $25,000 for Newspaper Rack Proiect
Thank you on behalf of the Board of Directors of the Corona del Mar Business Improvement District
for your continued support and assistance with CIP project funding within the City's District 6
business community. Working together, the "Vision" for Corona del Mar is moving forward and
taking shape thanks to our council and our dedicated volunteers.
CdM BID - Proiect funding for FY 2016-17
In addition to the CdM BID's annual programs and maintenance which are funded by the BID, we
would like the council to consider contributing funds in the amount of $25,000 for completion of the
Newspaper Rack Project. This project began in FY 2015-16 and has invested city staff assistance to
get to this point. It is the wish of the BID Board to complete the project.
Thank you for your consideration.
Sincerely, ��vv
.r�.eti�zrn cJ�rr�i�
Chairman, Corona del Mar Business Improvement District
2855 E. Coast Hwy, Suite 100 • Corona del Mar, CA 92625 • PH (949) 673-4050 • Fax (949) 673-3940• Marketing@ComVillage.com
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BID
City
funding
Funding
Newspaper Rack Project
Replacement of old & damaged News Racks
$20,000
$25,000
with Decorative Pedestal Replacements
Thank you for your consideration.
Sincerely, ��vv
.r�.eti�zrn cJ�rr�i�
Chairman, Corona del Mar Business Improvement District
2855 E. Coast Hwy, Suite 100 • Corona del Mar, CA 92625 • PH (949) 673-4050 • Fax (949) 673-3940• Marketing@ComVillage.com
4-11
ATTACHMENT C
Minutes of Business Improvement District Parking Sub -committee Meeting to address city staffs
questions regarding the possible installation metered pay parking within the commercial zone
Date:
April 5, 2016
Time:
2:00 PM
Location:
Newport Beach Civic Center, Crystal Cove Conference Room, Bay 2D
Attendees:
Bernie Svolstad, BID
Jinn Walker, BID
Scott Laidlaw, BIC?
Ed Selich, City Council
Scott Peotter, City Council
Dan Matusiewicz, Finance Director/Treasurer, City of Newport Beach
Benjamin Zdeba, Associate Planner, City of Newport Beach
Herman Simmons, Senior Manager 1, SP+ Municipal Services
Bernie Svalstad brought the meeting to order. Jim Walker began the meeting with a review of
previously recommended proposals to improve the overall health of the BID by addressing the
overcall parking situation in CDM below:
(I)7o create/free up more parking:
a. Modify the CUP process to incentivize existing property owners and newly
developed properties with unused night or daytime parking to share their
parking at off peak hours (facilitate shared parking agreements)
b. Expand existing parking lots like the public parking at Marguerite/Bayside
Bandara) tot and old School Park Lot with second level, incorporate public
amenities like green space/landscaping into the design creating an amenity for
the neighborhood
c. Propose the creation of a parking revenue district for the CDM Village
d. Propose installation of parking meters at public parking lots (enlarged Bandon,
School park, Oasis at night) to help offset cost
e. Propose installation of parking meters within the commercial zone to generate
revenue to offset cost of parking structures and encourage better
tumoverlincreose efficiency
f. Consider collecting development fees for new projects to fund new parking
facilities
(2)7o reduce the parking requirement:
a. Incorporate the existing on street parking inventory within the commercial zone
to offset and reduce the current onsite requirement by between 25%-50%
b. Propose use of Oasis parking lot and City Hall parking lot for off-peak employee
parking to reduce the need for employee ,parking in the current parking
requirement (currently about 20-25% of the required parking is taken up by
employees)
c. Provide parking requirement credit (reduction) to restaurants who create loin in
a shared valet parking pool
d. Allow for the payment of in lieu parking fees to help offset the cost of expansion
of existing parking facilities (Bandara Lot and old School Park Lot, etc)
Dan Matusiewicz outlined the ways in which a pay system could be set up, options for changing
rates, the city's ideas about % of funds that would be based through to the BID and went
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through the various methods that the city has used in the past to direct parking revenue funds
back into the commercial district from which they are generated.
It was also discussed that the proposed revenues would not likely be enough to build new
parking facilities. Scott Peotter and Ed Selich said that they would however be in favor of 100% of
any net parking revenues be directed back into CDM.
How to free up and better utilize existing underutilized private parking was discussed.
Ben Zdeba addressed some of the mechanics of developing shared parking agreements which
currently would require the processing of a CUP which is a significant deterrent. He said that the
zoning code could be revised to allow the planning director to review and permit shared
parking agreements. Ben also pointed out some of the recommendations from the last parking
study specifically associated with way finding, alternate transportation, etc. that could still be
implemented.
How to both reach out to the residents and address their major concerns with either metering
and/reduction in the parking requirements was discussed. It was agreed that the biggest issue for
residents was employees parking in the first few residential blocks and the noise associated with
their late departure.
The following are general recommendations from the discussion:
1. Move forward with continued outreach to the businesses and residents
2. Support the concept of pay parking in the commercial district if all net funds
come back to CDM to improve/increase available parking
3. Recommend a change in zoning review procedures to allow the planning
director to approve shared parking agreements
4. Use the parking revenues to "rent' existing private parking that currently is not
used at night, or other times that can be shared
5. Use the rented parking first to provide designated employee parking areas
6. Taking into account existing street parking that a patron will now pay for and an
increase in available parking through shared parking agreements recommend
reducing the city zoning parking requirements.
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ATTACHMENT D
RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS
INTENTION TO RENEW THE CORONA DEL MAR
BUSINESS IMPROVEMENT DISTRICT AND LEVY
ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1,
2016 TO JUNE 30, 2017, AND FIX THE TIME AND PLACE
OF A PUBLIC HEARING
WHEREAS, the Corona del Mar Business Improvement District ("CdM BID") was
established in 1997 pursuant to the Parking and Business Improvement Area Law of
1989, California Streets and Highways Code, Sections 36500 et seq., ("1989 Law"),
which requires an annual report to be filed and approved by the City Council for each
fiscal year; and
WHEREAS, the Advisory Board, known as the CdM BID Board of Directors, has
prepared an Annual Report for the 2015-2016 fiscal year which is on file in the Office of
the City Clerk; and
WHEREAS, on May 24, 2016, the CdM BID Annual Report was filed and
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 its intention to renew the CdM BID
for fiscal year July 1, 2016 to June 30, 2017 pursuant to the 1989 Law.
Section 2: The City Council hereby declares its intention to levy assessments
for the CdM BID for the fiscal year July 1, 2016 to June 30, 2017 pursuant to the 1989
Law. Such benefit assessment shall be as follows:
A. Banks and financial institutions that are exempt from City business license
regulations shall be assessed Five Hundred Dollars ($500) per year.
B. Insurance agencies that are exempt from City business license regulations
shall be assessed Two Hundred Fifty Dollars ($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.
Resolution No. 2015 —
Corona del Mar Business Improvement District
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Resolution No. 2016 -
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D. The assessment for all other businesses within the CdM BID shall be one
hundred fifty percent (150%) of the annual business license tax as
established pursuant to Chapter 5.08 of the Newport Beach Municipal
Code.
Section 3: The penalty for delinquent payments shall be equal to that
established for delinquent business license fees pursuant to Chapter 5.04 of the
Newport Beach Municipal Code, providing that the penalty to be added shall in no event
exceed fifty percent (50%) of the assessment amount due.
Section 4: The benefit assessments shall be collected by the City, or its
designee, in one annual installment. The assessment for new businesses shall be pro-
rated according to the number of full months remaining in the CdM BID's fiscal year.
Section 5: The improvements and activities to be funded by the benefit
assessments shall include only the following:
1. Marketing, advertising, and public relations
2. Public area improvements and maintenance programs
3. Promotion of public events that are to take place on or in any public
places in the area
4. General promotion of retail trade activities
5. Administration.
The implementation of these actions is described in the CdM BID Fiscal Year 2015-
2016 Annual Report, which is on file with the Office of the City Clerk located at 100 Civic
Center Drive, Bay 2E, Newport Beach, CA 92660.
Section 6: The location of the CdM BID 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, and incorporated herein by
reference.
Section 7: The time and place for a public hearing on the CdM BID Renewal is
set for 7:00 p.m. or as soon thereafter as the matter may be heard on June 14, 2016, at
the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660.
Section 8: During the public hearing, the City Council shall hear and consider
all protests against the establishment area, or the furnishing of specified types of
improvements or activities within the area. 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 the businesses within the CdM
BID which pay fifty percent (50%) or more of the total assessments to be levied, no
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Resolution No. 2016 -
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further proceedings to renew the CdM BID 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 CdM BID, those types of improvements or activities or benefit zones
shall be eliminated.
Section 9: Further information regarding the proposed CdM BID renewal may
be obtained at the City Manager's Office, 100 Civic Center Drive, Bay 2E, Newport
Beach, CA 92660; 949-644-3031.
Section 10: The City Clerk is directed to provide notice of the public hearing in
accordance with Streets and Highways Code Sections 36523 and 36541.
Section 11: The City Council finds the adoption of this resolution of intention is
not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Section 12: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 13: This resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 24th day of May, 2016.
ATTEST:
Leilani I. Brown,
City Clerk
Attachment: Exhibit A (Boundary Map)
Diane B. Dixon,
Mayor
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0 500 1,000
et
Name: BID CID
Exhibit A
Corona del Mar
Business Improvement District
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