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
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