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HomeMy WebLinkAbout16 - NBRA BID Annual Report and RenewalCITY OF e N JJW'PO FAT BEACH C9�FOM1��P City Council Staff Report Agenda Item No. 16 June 25, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Managers Office Dave Kiff, City Manager 949 - 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Tara Finnigan, Public Information Manager APPROVED: TITLE: Newport Beach Res urant Association Business Improvement District FY 2012 -2013 Annual Report and Resolution No. 2013 -: Renewal of the Newport Beach Restaurant Association Business Improvement District for Fiscal Year 2013 -2014 ABSTRACT: The annual renewal of the Newport Beach Restaurant Association Business Improvement District (NBRA BID) requires a public hearing to determine if there is a majority protest against the levied assessments or a specific improvement, activity or benefit proposed by the BID for Fiscal Year 2013 -2014. Receive and approve the Newport Beach Restaurant Association Business Improvement District FY 2012 -2013 Annual Report. 2. Hold a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District. If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2013 - 56 confirming the levy assessment for the Newport Beach Restaurant Association Business Improvement District for Fiscal Year 2013- 2014. or If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Newport Beach Restaurant Association Business Improvement District. Newport Beach Restaurant Association Business Improvement District FY 2012 -2013 Annual Report and Resolution No. 2013 - 5 . Renewal of the Newport Beach Restaurant Association Business Improvement District for Fiscal Year 2013 -2014 June 25, 2013 Page 2 or If the majority protest is only against the furnishing of a speck type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated. FUNDING REQUIREMENTS: The City of Newport Beach, or its approved designee, collects the member assessments on behalf of the NBRA BID and remits the monies back to the BID for funding the activities listed in its annual report to the Council. In addition to the assessments, the City's adopted FY 2013 -2014 budget includes sufficient funding for providing $40,000 in matching funds to the BID. The budget also includes $10,000 payable to Newport Beach & Company should the BID decide to accept website, branding and other marketing assistance from the marketing organization. DISCUSSION: The NBRA BID was formed pursuant to the Parking and Business Improvement Area Law of 1989 (1989 Law), codified in Streets and Highways Code Sections 36500 et seq., for the purpose of financing activities and programs to benefit businesses located and operating within the area. The NBRA BID is nearing the end of its FY 2012 — 2013. 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 NBRA BID Board of Directors, which serves in an advisory capacity to the City Council, has approved and submitted the attached annual report (Attachment A) for the Council's review and approval. The report includes a summary of the BID's FY 2012 —2013 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. In compliance with the 1989 Law, a public hearing must be held each year prior to the renewal of a Business Improvement District. If written protests are received by the owners of the businesses within the BID which pay fifty percent or more of the total assessments to be levied, no further proceedings to renew the 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 BID, those types of improvements or Newport Beach Restaurant Association Business Improvement District FY 2012 -2013 Annual Report and Resolution No. 2013 - _. Renewal of the Newport Beach Restaurant Association Business Improvement District for Fiscal Year 2013 -2014 June 25, 2013 Page 3 activities or benefit zones shall be eliminated. If protests represent less than 50 percent of the total assessment, the City Council may renew the BID. During its June 11, 2013 regular meeting, the City Council adopted a Resolution of Intention to levy and collect assessments for the BID for the 2013 -2014 fiscal year, and set a public hearing for the BID renewal to take place on June 25, 2013. (Attachment B). A public notice of the Resolution of Intention to levy and collect assessments for the renewal of the NBRA BID and the time and place of the public hearing was published in compliance with the 1989 Law in the Daily Pilot newspaper on June 15, 2013. It was also posted on the City's website (www.newportbeachca.gov). As of the time this report was published by the City Clerk, no letters of opposition to the BID renewal had been received by the City. Any subsequent correspondence, with a tabulation of the protests, will be provided to the City Council at its June 25 meeting. Therefore, City staff is recommending adoption of Resolution 2013 -56 , a Resolution Confirming the Levying of Assessments for Fiscal Year 2013 -2014 for the Newport Beach Restaurant Association Business Improvement District (Attachment C). 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). Submitted by: Tara Finnigan Public Information Manager Newport Beach Restaurant Association Business Improvement District FY 2012 -2013 Annual Report and Resolution No. 2013 - _. Renewal of the Newport Beach Restaurant Association Business Improvement District for Fiscal Year 2013 -2014 June 25, 2013 Page 4 Attachments: A. 2012 -2013 Annual Report B. June 11, 2013 City Council Staff Report C. Resolution 2013 - 56 , Confirming the Levy of Assessments Attachment A NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2012 -2013 ANNUAL REPORT This is the annual report for the seventeenth year of the Newport Beach Restaurant Association Business Improvement District (BID). As required by Section 36533 of the California Streets and Highways Code, the annual report shall contain the following information: 1) Proposed Changes to the District Boundary There are no changes proposed to the district boundaries. 2) Improvement and Activities for the Fiscal Year of July 1, 2013 to June 30, 2014 The NBRA BID will institute the following programs: Lone -Term Strategic Plan Development The BID will continue long -term strategic planning in FY 2013 -2014 with the aspiration to be a food service association that is dependent on astute Advisory Board leadership and efficient program implementation. Working as a strong investor and community marketing group, the BID will extol the City's quality foodservice and brand experience. Mission, Values and Goal Development The BID will accomplish its mission through adherence to defined values and guiding principles with four, long -term organizational goals: Marketing and Promotion, Investor Communication and Education, Community and Stakeholder Relations, and Efficient Administration operating as a fiscally responsible organization with sustainable revenue flow and effective governance. Priority Initiative Development The BID has identified and will work in FY 2013 -2014 to implement and exceed current and long -term association goals through 23 key activities to address the City restaurant and foodservice association challenges and realize its vision over the next three years. Collateral Development: Creative Production & Printing The BID will create and print a New Establishment informational brochure, and reprint NBRA stationary and NBRA membership decals. Newport Beach Dining. Guide Distribution The BID will continue distribution of the FY 2012 -2013 Newport Beach Dining Guide (100,000 copies previously published) through different vendors to reach the local consumer, local corporate and tourist market in regional hotels, airports, large corporation break rooms, and other locations to assure maximum exposure. Phone Reservation System The BID will contract to provide a centralized toll -free phone reservation system for online dining reservations, information or dining guide requests. Ad Campaign Creative Production & Design The BID will contract to create new brand photography and advertising campaign copy and creative. Print & Online Media Advertising Campaigns The BID will implement national campaigns through Visit California, Newport Beach & Company, and the Anaheim/Orange County Visitor & Convention Bureau. Local advertising campaigns are planned with the Orange County Register, LA Times, the Newport Beach Chamber of Commerce, the Corona del Mar Chamber of Commerce and other BID media partners. NBRA Web Site Development The BID will continue to provide a comprehensive web site with enhanced mobile feature technology, including such features as Integrated NBRA Database Management, Real Time Restaurant Searching, Restaurants Menu Display (pdf), Multiple Image Display for Restaurants, Restaurant Online Reservations, Integrated Driving Directions, Banner Ad Manager, 1 -Click Export for all Dining Guide Data, Event Management - Restaurant Week, Direct Marketing Application to Restaurants & Consumers, Social Networking Campaigns and Blog. Social Media & Strategic Internet Marketing Campaign Development: Phase Two The BID will implement new search engine optimization plans as well as Google and Facebook ad word campaigns. E- newsletters, blogs and other social networking programs will be instituted. Public & Media Relations Campaigns The BID will contract with the Business Wire Press Center to provide online PR services. Partnership Development & Cooperative Marketing Campaigns The BID will work with Newport Beach & Company, the Anaheim/Orange County Visitor & Convention Bureau, Opentable.com and various local media outlets in cooperative marketing campaigns including restaurant promotions targeting the hyper local and regional drive markets. 2 NBRA Annual Meeting The BID will hold its Annual Meeting at a local restaurant, where it will recognize sponsors and provide a review of the financial standing of the BID, recruit members to attend Advisory Board meetings, review program achievements, and obtain feedback from the general membership. NBRA Educational Seminars The BID will coordinate Educational Seminars in conjunction with the Newport Beach Chamber of Commerce to provide benefits and networking opportunities to the general membership. Community & Special Event Participation The BID will participate and contribute to the following events: Newport Beach Relay for Life, Police Appreciation Breakfast, Newport Beach Mayor's Dinner and other special events. NBRA BID Professional Memberships The BID will maintain memberships with, but not limited to, the following entities: Anaheim/Orange County Visitor & Convention Bureau, California Restaurant Association, Newport Beach Chamber of Commerce and Newport Beach & Company. NBRA BID Marketing & Association Management Fee The BID will contract with an appropriate outside vendor to handle marketing and public relations services. NBRA BID Administrator Management Fee The BID will contract with an appropriate outside vendor to handle BID administration and to serve as a liaison with the City of Newport Beach. Restaurant Week Cost Sharing The NBRA BID will provide ancillary funding for the 2014 Newport Beach Restaurant Week in addition to whatever funds are allocated to the event by the City. Administration Fee In FY 2013 -2014 fees will be paid for postal mailings, bank fees, assorted insurances and other administrative costs. 3) The Cost of These Activities Is Projected as Follows: Ad Campaign & Collateral Development $ 4,000 Print & Online Media Advertising Campaigns $ 17,500 Cooperative Media Campaigns Regional Drive Market $ 5,000 NBRA BID Strategic Web Site & Mobile Site Development $ 12,500 Electronic Media — Strategic Internet Marketing Campaigns $ 10,000 Social Media Marketing Campaigns $ 12,500 Newport Beach Restaurant Week Cost Sharing $ 60,000 Centralized Phone Reservation System $ 3,500 Public & Media Relations Campaigns $ 3,500 NBRA BID Annual Meeting & Seminars $ 2,500 Community Event Participation $ 3,000 NBRA BID Professional Memberships $ 1,070 Marketing Association Management — Agency Fee $ 42,000 BID Administration Fee — Consultant Fee $ 10,000 Database Management & Misc. Operations $ 6.000 TOTAL: $193,070 4) The Method and Basis of Levying the Assessment Shall be as Follows: The benefit assessments will be collected by the City in one installment. Assessments shall be collected at the beginning of the fiscal 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 $95.00. For establishments with greater than ten (10) employees, and whose business license tax is less than $600.00, the benefit assessment shall be equal to the City's usual annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code plus an additional $65.00. For establishments with greater than ten (10) employees, and whose business license tax is $600.00 or more, the benefit assessment shall be equal to the City's usual annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code plus an additional $145.00. The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.08 of the Newport Beach Municipal Code, providing that the penalty amount added shall in no event exceed one hundred percent (100 %) of the assessment amount due. 4 5) Surplus Carryover from Fiscal Year 2012 -2013 The BID estimates that $20,000 will be carried over from Fiscal Year 2012 -2013 to Fiscal Year 2013 -2014. 6) Sources of Contributions Other Than Levied Assessments The City's adopted FY 2013 -2014 budget includes $40,000 in matching funds from the City of Newport Beach. The City budget also includes $10,000 payable to Newport Beach & Company should the BID decide to accept website, branding and other marketing assistance from the marketing organization. The BID anticipates $2,500 from sponsors of the annual luncheon. 7) Past Year Accomplishments The Fiscal Year of 2012 -2013 was a successful one for the Newport Beach Restaurant Association BID. The NBRA BID instituted and completed the following projects and initiatives: • Retained an outside consultant to work with the Advisory Board and membership to develop a long -term strategic plan on behalf of NBRA BID. • Retained an outside agency to work with the Advisory Board and membership to develop and execute an ongoing comprehensive strategic marketing and public relations plan of work on behalf of NBRA BID to brand Newport Beach and generate incremental revenue for restaurants and the City. • As a top budget priority, secured valuable partnership marketing and benefit opportunity, cash sponsorships and leveraged a combined incremental in -kind media value of over $250k to promote Newport Beach Dining and stay competitive as marketing and operational costs continue to increase. • Developed new NBRA BID creative and identity campaign consistent with NBRA BID brand for all NBRA BID restaurants. • Maintained a database and toll -free dining reservation system for all NBRA BID restaurants. • Republished the 2012 NBRA Dining Guide and maintained targeted, cost - effective distribution of 100,000 copies for all NBRA BID restaurants. • Maintained an innovative user friendly web site with consistent top organic SEO (Search Engine Optimization) enhanced placement, foodie blog, vertical media mix, social media campaign integration, online dining reservation system and over 130K annual visitors. 5 • Web Site Features Include: Integrated NBRA Database Management, Real Time Restaurant Searching, Restaurants Menu Display (pdf), Multiple Image Display for Restaurants, Restaurant Online Reservations, Integrated Driving Directions, Banner Ad Manager, 1 -Click Export for all Dining Guide Data, Event Management - Restaurant Week, Direct Marketing Application to Restaurants & Consumers, Social Networking Campaign Integration, Mobile Web Site Development & Blog. • Launched phase one of ongoing social media marketing foodie campaign strategy integrating web site and promotion of Newport Beach Dining to engage online community on: Facebook, Twitter, YouTube, Instagram, Pinterest, Google + and The Newport Dish Blog. • Organized, prepared, marketed and implemented the Annual Newport Beach Restaurant Week campaign in January with record restaurant participation, strong media sponsors, impressive spike in web site analytics and a 46.7% increase in Opentable.com online dining reservations for 2013. • Secured valuable publicity and in -kind media sponsorship generating visibility and brand awareness for Newport Beach Dining both in and out of market. • Developed community partnership programs to position Newport Beach dining in the forefront of local patrons, travelers, media, restaurant industry leaders, decision makers and meeting event planners, in concert with the California Restaurant Association, Newport Beach Chamber of Commerce, Newport Beach & Company, Anaheim/Orange County Visitor & Convention Bureau, Orange County Tourism Council and CALTIA - Visit California. • Integrated co- operative marketing programs with Newport Beach & Company, Newport Beach Chamber of Commerce, Anaheim/OC V &CB, Orange County Visitors Association, CALTIA - Visit California, Opentable.com, Yelp, Orange County Register, American Express, Nestle Waters North America, Sub -Zero & Wolff, Bloomingdales and numerous media outlets and industry specific sponsors. • Co- sponsored industry- specific seminars and educational campaigns (DUI Awareness, IRS Tax & Restaurant Industry Best Practices Seminar, etc.) working in concert with the County of Orange, City of Newport Beach, Newport Beach Chamber of Commerce and the NBRA BID membership. • Initiated development of NBRA BID purveyor collective purchasing program for Newport Beach restaurants in conjunction with Cedar Creek Systems. Conducted research and co- hosted hospitality industry informational seminar with the Newport Beach Chamber of Commerce. • Participated in various community-wide special events through in -kind sponsorships (Chef's Cooking Pavilion at Taste of Newport, Christmas Boat Parade Auction Awards Dinner, Mayor's Dinner, Police Appreciate Breakfast, Race To Heal Hunger, Relay For Life, Civic Center Grand Opening, etc.) 2 • Developed tangible ways to measure the effectiveness of the NBRA BID marketing plan of work based on increased restaurant sales and publicity through the media plan, dining guide distribution, web site traffic, online and central reservation system usage and electronic surveys. Produced NBRA BID FY 2013 Annual Meeting to encourage participation and recruit new Board Members for all Newport Beach restaurants to attend. Fiscal Year District Revenues During the fiscal year 2012 -13, the BID received approximately $134,326.20 in member assessments and collected approximately $14,882.39 in member assessment late fees. The City provided $38,000 in matching funds. The BID was able to raise an additional $15,487 in various sponsorships for Dining Guide participation. Total cash revenue for FY 2012 -2013 was approximately $202,695. The BID will spend by fiscal year end approximately $139,991 for approved activities. The BID's current account balance is approximately $30,000. It is anticipated that a year -end balance of approximately $20,000 will be carried over into the FY 2013 - 2014 budget. The merchants of the Newport Beach Restaurant Association want to thank the City Council for their financial support and efforts on behalf of the BID. Newport Beach Restaurant Association Business Improvement District Priorities and Budget Outline July 1, 2013 — June 30, 2014 Revenues Amount Funds Available FY End 2012 -2013 $ 20,000 Funds to be Collected FY 2013 -2014 $ 135,000 Anticipated City Funding $ 40,000 Anticipated Funds from Sponsorships $ 2,500 TOTAL AVAILABLE FUNDS $197,500 Priorities Amount Ad Campaign & Collateral Development $ 4,000 Print & Online Media Advertising Campaigns $ 17,500 Cooperative Media Campaigns Regional Drive Market $ 5,000 NBRA BID Strategic Web Site & Mobile Site Development $ 12,500 Electronic Media — Strategic Internet Marketing Campaigns $ 10,000 Social Media Marketing Campaigns $ 12,500 Newport Beach Restaurant Week Cost Sharing $ 60,000 Centralized Phone Reservation System $ 3,500 Public & media Relations Campaigns $ 3,500 NBRA BID Annual Meeting & Seminars $ 2,500 Community Event Participation $ 3,000 NBRA BID Professional Memberships $ 1,070 Marketing Association Management — Agency Fee $ 42,000 BID Administration Fee — Consultant Fee $ 10,000 Database Management & Misc. Operations $ 6,000 TOTAL EXPENDITURES $193,070 RESOLUTION NO, 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2013 TO JUNE 30, 2014 FOR THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT WHEREAS, on June 25, 2013 the Newport Beach Restaurant Association Business Improvement District annual report was filed and approved by the City Council; WHEREAS, on June 11, 2013 the City Council adopted and published a Resolution of Intention declaring the intention to levy assessments for the Newport Beach Restaurant Association Business Improvement District for fiscal year July 1, 2013 to June 30, 2014; and WHEREAS, a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District was held on June 25, 2013 without a majority protest. NOW, THEREFORE, the City Council of the City of Newport Beach hereby confirms the levy of assessments as described in the Resolution of Intention, dated June 11, 2013, for the Newport Beach Restaurant Association Business Improvement District for the fiscal year July 1, 2013 to June 30, 2014. 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 25th day of June 2013. ATTEST: Leilani I. Brown, City Clerk Keith D. Curry, Mayor Resolution No. 2013 - Newport Beach Restaurant Association Business Improvement Distric_ t RESOLUTION NO. 2013-_ WHEREAS, the Newport Beach Restaurant Association Business Improvement District (NBrRA BID) was established in 1996 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 of seg., (hereinafter the "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 Newport Beach Restaurant Association Business Improvement District Board of Directors, is preparing an annual report for the 2012 -2013 fiscal year to be filed in the Office of the City Clerk; and WHEREAS, on or before June 25, 2013, the NBRA BID annual report will be filed for consideration and approval 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 NBRA BID for fiscal year 2013 -2014 pursuant to the 1989 Law. Section 2: The City Council hereby declares its intention to levy assessments for the NBRA BID for the fiscal year July 1, 2013 to June 30, 2014 pursuant to the 1989 Law. Such benefit assessment shall be as follows: A. For establishments with less than eleven (11) employees, the assessment shall be a flat $95.00. B. For establishments with greater than ten (10) employees, and a license tax less than $600, the benefit assessment shall be equal to the City's usual annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municpal Code plus an additional $65.04. v,�ohwon No 20 13, ',BRA B%sinv- i Imrttltwvi: Di%t Ci C. The assessment for all businesses whose license tax is $600 or greater, the benefit assessment within the BID shall be 100 percent of the annual business license tax as establisher) pursuant to Chapter 5,08 of the Newport Beach Municipal Code, plus an additional $145. Section 3: The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.08 of the Newport Beach Municipal Code, providing that the penalty to be added shall in no event exceed one hundred percent 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 NBRA 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. Brochure development and distribution 3. Promotion of public events 4. The general promotion of restaurant trade activities 5. Educational and training classes for members 6. Memberships in various organizations deemed to promote dining in Newport Beach. The implementation of these actions will be more fully described in the NBRA BID's Fiscal Year 2012 -2013 annual report, to be filed with the Office of the City Clerk on or before June 25, 2011 Section 6: The location of the NBRA BID will remain the same: Any restaurant doing business within the boundaries of the City of Newport Beach is part of the NBRA BID, as set forth with greater specificity in the map attached as Exhibit A, and incorporated herein by reference. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on June 25, 2013 at 7 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers located at 100 Civic Center Resolution No. 2013 - \13Rft 6usixte s Improvement Dis =net ATTACHMENT B o��EWPOR CITY OF D NEWPORT BEACH City Council Staff Report Agenda Item No. 5 June 11, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3002, dkiff(cDnewportbeachca.gov PREPARED BY: Tara Finnigan, Public Information Manager APPROVED: i✓I v r TITLE: Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in FY 2013 - 2014 ABSTRACT: The Newport Beach Restaurant Association Business Improvement District (NBRA BID) advisory board requests renewal of the BID for FY 2013 - 2014. RECOMMENDATION: 1. Adopt Resolution 2013 - 47, a Resolution of Intention to renew the Newport Beach Restaurant Association Business Improvement District and levy assessments in Fiscal Year 2013 — 2014. 2. Set the public hearing date for June 25, 2013, where written and oral protests may be made. FUNDING REQUIREMENTS: The City of Newport Beach, or its approved designee, collects the member assessments on behalf of the NBRA BID and remits the monies back to the NBRA BID to fund the activities specifically described in the annual report filed on or before June 25, 2013. In addition to the assessments, the City's proposed FY 2013 - 2014 budget includes sufficient funding for providing $40,000 to the NBRA BID for marketing and general promotion of restaurant trade activities. The proposed budget also includes $10,000 payable to Newport Beach & Company should the BID decide to accept website, branding and other marketing assistance from the marketing organization. Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in FY 2013 - 2014 June 11, 2013 Page 2 DISCUSSION: The NBRA BID was formed pursuant to the Parking and Business Improvement Area Law of 1989 (1989 Law), codified in Streets and Highways Code Sections 36500 et seq., for the purpose of financing activities and programs to benefit businesses located and operating in the area. The NBRA BID area encompasses any restaurant doing business within the boundaries of the City of Newport Beach. (Boundary Map is attached to the Resolution as Exhibit A.) The NBRA BID is nearing the end of its FY 2012 - 2013 and the advisory board has requested renewal of the BID for FY 2013 - 2014. 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 NBRA BID advisory board, which serves in an advisory capacity to the City Council, will prepare and submit the annual report for the City Council's review and approval. The report will include a summary of the BID's FY 2012 — 2013 accomplishments and revenues as well as its proposed activities and budget for the new fiscal year. The report will not contain recommendations to alter the BID boundaries or the method and basis for levying assessments. Currently, the NBRA BID is in the process of developing a three -year strategic plan to serve as a directional document for its ongoing effective governance and administration, determination of priority activities, and appropriate resource allocations. The NBRA BID will hold another strategic planning meeting next week and will finalize the details needed for the annual report. The report will be included on the City Council's June 25, 2013 agenda. Therefore, City staff is recommending adoption of Resolution 2013 - 47, a Resolution of Intention to renew the Newport Beach Restaurant Association Business Improvement District (Attachment A) and levy assessments in FY 2013 - 2014 and setting the public hearing date for renewing the NBRA BID for June 25, 2013. 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. Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in FY 2013 - 2014 June 11, 2013 Page 3 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). Submitted by: Tara Finnigan Public Information Man ger Attachment: A. Resolution of Intention 2013 - 3 Drive, Newport Beach, California at which time the Council will hear all interested persons for or against the renewal of the NBRA BID, the extent of the NBRA BID 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 the businesses within the NBRA BID which pay fifty percent or more of the total assessments to be levied, no further proceedings to renew the NBRA 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 NBRA BID, those types of improvements or activities or benefit zones shall be eliminated. Further information regarding the proposed NBRA BID renewal may be obtained at the City Manager's Office, 100 Civic Center Drive, Newport Beach, CA 92660; 949 - 644 -3035. 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 held on the 11 th day of June, 2013. ATTEST: Leilani I. Brown, City Clerk Attachment: Exhibit A (Boundary Map) Keith D. Curry, Mayor Resolution No. 2013 - _ NBRA Business Improvement District N i I Costa Mesa Newport Beach N Corona Del Mx i i 1 I g. -op , Newport Beach Restaurant Association 0.5 1 ` o. -' Business Improvement District M'des yTg2 12 Resaur tBID Am.0 Newport \ Coast 1 � J1 ATTACHMENT C RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2013 TO JUNE 30, 2014 FOR THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT WHEREAS, on June 25, 2013 the Newport Beach Restaurant Association Business Improvement District annual report was filed and approved by the City Council; WHEREAS, on June 11, 2013 the City Council adopted and published a Resolution of Intention declaring the intention to levy assessments for the Newport Beach Restaurant Association Business Improvement District for fiscal year July 1, 2013 to June 30, 2014; and WHEREAS, a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District was held on June 25, 2013 without a majority protest. NOW, THEREFORE, the City Council of the City of Newport Beach hereby confirms the levy of assessments as described in the Resolution of Intention, dated June 11, 2013, for the Newport Beach Restaurant Association Business Improvement District for the fiscal year July 1, 2013 to June 30, 2014. 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 25th day of June 2013. ATTEST: Leilani I. Brown, City Clerk Keith D. Curry, Mayor Resolution No. 2013 - Newport Beach Restaurant Association Business Improvement District � i• i � ,� r ip ��' � J I lei i I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961; case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, June 15, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on June 20, 2013 at Los Angeles, California Signature ; INTIV rill' Llf .0 c _= , t;tJt (Jul, Ledanil,,Brownj.Cj ykqlurk - AttachmentExhibdlA "(Boundary Map) - Viewable: m 6, OfNdeyof t�h�City Clerk Puhbshed;Newport Beach /Costa Mesa.. Dady, Pil`oti i tunelb�2B13 I.