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HomeMy WebLinkAbout23 - Restaurant Business Improvement District?E`U�"DgT CITY OF NEWPORT BEACH Hearing Date: COMMUNITY AND ECONOMIC Agenda Item No.: = DEVELOPMENT PLANNING DEPARTMENT Staff Person: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 REPORT TO THE MAYOR AND CITY COUNCIL December 11, 23 Daniel Trimble (949) 644 -3230 PROPOSAL: Newport Beach Restaurant Business Improvement District Annual Renewal for 2002 Fiscal Year SUMMARY: Conduct public hearing and adopt resolution for renewal of the Newport Beach Restaurant Business Improvement District for the 2002 fiscalyear. SUGGESTED ACTION: 1. Hold public hearing regarding the renewal of the Newport Beach Restaurant Business Improvement District; and 2. a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2001 - confirming the Newport Beach Restaurant Business Improvement District Annual Report and levying the BID assessment for the 2002 fiscal year. Lem b. If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. Background On November 13; 2001 the City Council held a public meeting, approved the Newport Beach Restaurant Business Improvement District 2001 Annual Report and adopted a Resolution of Intention to levy and collect assessments for the District for the 2002 fiscal year. Details regarding the proposed renewal of the District and annual report are provided in the attached November 13, 2001 staff report. Discussion 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 collect assessments for the renewal of the Newport Beach Restaurant Business Improvement District has been published in the Daily Pilot and mailed to businesses within the District in compliance with state law. Submitted by: SHARONZ. WOOD Assistant City Manager Prepared by: DANIEL TRIMBLE -,Associate Planner1 Attachments: City Council Staff Report of November 13, 2001 Resolution No. 2001- F. IUsersIPLVISharedlBlDslRestu nulCOUNCILL7002renewM CC Dec ILDOC Page 2 RESOLUTION NO.2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF JANUARY 1, 2002 TO DECEMBER 31, 2002 FOR THE NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT. WHEREAS, the Advisory Board has prepared an Annual Report for the 2001 fiscal year which is on file in the office of the City Clerk; and WHEREAS, on November 13, 2001 the City Council adopted and published a Resolution of Intention declaring the intention to levy assessments for the Newport Beach Restaurant Business Improvement District for the fiscal year January 1, 2002 to December 31, 2002; and WHEREAS, a public hearing regarding the renewal of the Newport Beach Restaurant Business Improvement District was held on December 11, 2001 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 13, 2001 for the Newport Beach Restaurant Business Improvement District for the fiscal year January 1, 2002 to December 31, 2002. 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 2001. ATTEST: CITY CLERK MAYOR F: 1USERSIPLNISharedlBIDslRestawr ulCOUNC /L11002rewwUZESOCON1001.doc 3 CITY OF NEWPORT BEACH Hearing Date: November 13,2001 COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 6 T PLANNING DEPARTMENT Staff Person: Daniel Trimble. 3300 NEWPORT BOULEVARD (949) 644 -3230 NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 REPORT TO THE MAYOR AND CITY COUNCIL a� ' �� + o I SUBJECT: Restaurant Association Business Improvement District 2001 Annual Report and District Renewal SUMMARY: The Restaurant Association Business Improvement District was established January 1, 1996. This report summarizes the District's accomplishments during 2001, its sixth year of operation, and the proposed activities and budget for the coming year. The Restaurant Association Business.Improvement District 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 11, 2001. ACTION: 1. Approve Restaurant Association Business Improvement District 2001 Annual Report; and 2. Adopt the Resolution of Intention and set the public hearing for December 11, 2001; and Overview The Restaurant Association Business Improvement District is nearing the end of its sixth year of operation and requests renewal of the District for the fiscal year January I to December 31, 2002. The District includes any restaurant doing business within the boundaries of the City of Newport Beach. State 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 2001 and proposed activities for 2002 are provided below. The District's 2002 activities are proposed to remain the same as in 2001. Sixth Year District Accomplishments The Restaurant Association Business Improvement District has sponsored the following promotions and activities during the past year: • Retained California Marketing Concepts to create and execute Marketing Plan & Budget • Re- designed NBRA Dining Guide and produced 100,000 copies • Distributed Dining Guides through Certified Folder Display, Conference & Visitors Bureaus, hotels, convention center display racks, direct mail and special events. • Re- Launched New NBRA Website: www. newportbeachdining. corn • Maintained an 877 number for referrals to participating restaurants • Initiated New Toll Free Dining Reservation System for NBRA • Developed new NBRA identity implementing new logo & marketing collateral • Created an NBRA Membership Informational Brochure & Decal for members • Implemented local media campaign to launch new website, dining guide and phone reservation system. • Mailed NBRA newsletters from the Advisory Board to all members. • Developed and updated a new comprehensive member listing and database • Active involvement with the Newport Beach Chamber of Commerce, the Newport Beach Conference and Visitor's Bureau and the Anaheim Visitors & Convention Bureau. • Placed Full Page advertisements in the NBCVB & AOCVCB Annual Visitor Guides • Participated in NBCVB Cooperative Marketing Programs • Co- sponsored the California Conference on Tourism with the NBCVB • Produced the Taste of Newport Beach Party at the California Conference on Tourism • Sponsored a booth at the Hyundai Team Matches Golf Tournament and gained national television exposure for NBRA. • Co- sponsored the "Taste of Newport" Chefs Cooking Pavilion and promoted event to members and the public. • Sponsored the Newport Beach Film Festival & organized restaurant participation • Promoted participation in the Irrelevant Week Kickoff Party • Participated in American Express Restaurant Marketing Promotions • Implemented charitable donations to the NY Culinary Relief Fund to feed the homeless • Sponsored reduced cost Serve Safe and ABC seminars • On -going support of the Green Restaurant Association • Initiated NBRA annual luncheon membership networking meeting Page 2 Fiscal Year District Revenues During 2001 the district collected approximately $32,160 in member assessments with approximately $18,000 in accounts receivable. The District also received $9,731 in matching funds from the City. The District spent approximately $91,000 for approved activities. It is anticipated that a remaining balance of approximately $43,149 will be carried over into the 2002 fiscal year budget. Proposed Activities and Budget The estimated cost of providing the proposed improvements and activities in this report is approximately $128,150. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2002 year. The Restaurant Association Business Improvement District appreciates the City Council's continued support. Submitted by: SHARON Z. WOOD Assistant City Manager r Prepared by: DANIEL TRIMBLE Associate Planner (/– � i/v- Attachments: Draft Resolution of Intention 2001- Annual Report Page 3 - RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JANUARY 1, 2002 TO DECEMBER 31, 2002, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Restaurant Association 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 2001 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 2002, 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, 2002 to December 31, 2002 pursuant to the Act. N OA ''y - Section 3: The location of the District will remain the same: any restaurant a doing business within the boundaries of the City of Newport Beach is part of the District. Section 4: The City Council hereby declares its intention 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. For establishments with less than eleven (11) employees, the assessment shall be a flat $50.00. B. For establishments with greater than ten (10) employees, the benefit assessment shall be equal to the City's usual 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 annual installment, with collections for new businesses in the District on the day of the issuance of a business license by the City. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the District's fiscal year. 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. 3. Promotion of public events. 4. The general promotion of restaurant trade activities. Resolution No. 2001 - Restaurant Association Business Improvement District fJ 3 5. Educational and training classes for members 6. Memberships in various organizations deemed to promote dining in Newport Beach BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on December 11, 2001 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, which 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 (714) 644 -3225. Resolution No. 2001 - Restaurant Association Business Improvement District 4 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 2001. ATTEST: CITY CLERK 73YAVMi 7 Resolution No. 2001 - Restaurant Association Business Improvement District I REPORT TO THE MAYOR AND CITY COUNCIL RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR 2001 YEAR Overview This is the annual report for the Restaurant Association Business Improvement District, as required by Section 36533 of the California Streets and Highways Code, for calendar year 2001. Boundaries The boundaries of the benefits zone remain unchanged: any restaurant doing business within the boundaries of the City of Newport Beach is part of the District. Proposed Activities The improvements and activities to be provided for the year include: 1. Implementation of new Fiscal Year 2002 Comprehensive Marketing Plan & Budget 2. Aggressive Marketing and Advertising campaign to launch all new NBRA programs 3. Restaurant Association BID Member and Community Outreach 4. Active Membership in the Newport Beach and Anaheim Conference and Visitor's Bureau and the Newport Harbor Area Chamber of Commerce. Proposed Budget The estimated cost of providing the proposed improvements and activities in this report is approximately $128,150. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2002 year. Assessments Assessments shall be collected in one annual installment at the beginning of the year, and shall be pro -rated for new businesses that open during the year. For establishments with less than eleven (11) employees, the assessment shall be a flat $50.00. For establishments with greater than ten(10) employees, the benefit assessment shall be equal to the City's usual annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. The penalty for delinquent payments will be twenty-five percent per month, providing that the penalty amount added shall in no event exceed one hundred percent of the assessment amount due. Account Status The District's current account balance is approximately $68,936 at the end of the first ten months of the year. It is anticipated the balance will be approximately $43,149 or less at the year -end, December 31, 2001, and will be carried over to the next fiscal year. Matching funds, if approved by the City Council for year 2002, will be added to the amount designated for marketing activities. The advisory board of the Restaurant Association Business Improvement District may raise additional funds through various events and fund- raisers in addition to the assessments levied. At this time they do not anticipate additional funds for the 2002 year budget. 3 Prior Year Accomplishments The merchants of Restaurant Association have found their sixth year as a Business Improvement District to be very successful and have achieved several accomplishments including: • Retained California Marketing Concepts to create and execute Marketing Plan & Budget • Re- designed NBRA Dining Guide and produced 100,000 copies • Distributed Dining Guides through Certified Folder Display, Conference & Visitors Bureaus, hotels, convention center display racks, direct mail and special events. • Re- Launched New NBRA Website: www. newportbeachdining. com • Maintained an 877 number for referrals to participating restaurants • Initiated New Toll Free Dining Reservation System for NBRA • Developed new NBRA identity implementing new logo & marketing collateral • Created an NBRA Membership Informational Brochure & Decal for members • Implemented local media campaign to launch new website, dining guide and phone reservation system. • Mailed NBRA newsletters from the Advisory Board to all members. • Developed and updated a new comprehensive member listing and database • Active involvement with the Newport Beach Chamber of Commerce, the Newport Beach Conference and Visitor's Bureau and the Anaheim Visitors & Convention Bureau. • Placed Full Page advertisements in the NBCVB & AOCVCB Annual Visitor Guides • Participated in NBCVB Cooperative Marketing Programs • Co- sponsored the California Conference on Tourism with the NBCVB • Produced the Taste of Newport Beach Party at the California Conference on Tourism • Sponsored a booth at the Hyundai Team Matches Golf Tournament and gained national television exposure for NBRA. • Co- sponsored the "Taste of Newport" Chefs Cooking Pavilion and promoted event to members and the public. • Sponsored the Newport Beach Film Festival & organized restaurant participation • Promoted participation in the Irrelevant Week Kickoff Party • Participated in American Express Restaurant Marketing Promotions • Implemented charitable donations to the NY Culinary Relief Fund to feed the homeless • Sponsored reduced cost Serve Safe and ABC seminars • On -going support of the Green Restaurant Association • Initiated NBRA annual luncheon membership networking meeting The merchants of Restaurant Association have worked hard to promote their member restaurants and the dining experience in Newport Beach as a whole. They wish to express their appreciation for the City Council's continued support of the Restaurant Association Business Improvement District, especially the $35,000 of matching funds provided by the City. Page2 Restaurant Association Business Improvement District Priorities and Budget Outline January 1, 2002 - December 31, 2002 Funds Available FY End 2001 $43,150 Funds to be Collected January 2002 $50,000 An Matching Funds from City $35,000 Total Available Funds $128,150 Priorities Percent of Budget Budget Amount 1. Marketing Plan Administration 30% $38,000 • Implement the current Marketing Plan • Identify and present new marketing opportunities to the Board • Supervise printing and other Plan efforts 2. Media Buys 38% $48,500 • Electronic Media — Cable TV • Print Media — Anaheim Visitor Guide and Newport Beach Visitor Guide • Direct Mail Advertising to Local Residents • Phone Reservation System • Certified Folder Display • Various Magazine Drops 3. Communications 9% • Website Maintenance • Newsletter Development, Printing and Postage • Database Development and Update 5. Memberships 5% • Newport Beach Visitor and Convention Bureau • Newport Beach Chamber of Commerce • California Conference on Tourism • Anaheim Visitors & Convention Bureau $12,000 $6,000 5. Special Events 18% $23,650 • Special Event Sponsorships • Holiday Charitable Events • Annual Meeting Luncheon Page 3 1D