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HomeMy WebLinkAbout16 - Balboa Village Business Improvement DistrictCITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC Hearing Date: March 28, 2000 DEVELOPMENT PLANNING DEPARTMENT Agenda Item No.: 16 3300 NEWPORT BOULEVARD Staff Person: Daniel R. Trimble NEWPORT BEACH, CA 92658 (949) 644 -3230 (949) 644 -3200: FAX (949) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL PROPOSAL: Balboa Village Business Improvement District Renewal Public Hearing and levying of Assessments for 2000 -2001 Fiscal Year SUMMARY: Conduct public hearing for renewal of the Balboa Village Business Improvement District for the 2000 -2001 fiscal year and adopt the Resolution of Confirmation. SUGGESTED ACTION: 1. Hold public hearing regarding the renewal of the Balboa Village Business Improvement District, and 2. a. If protests represent less than 50 percent of the total assessment amount adopt the Resolution of Confirmation. •' b. If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. Background On March 14, 2000 the City Council held a public meeting, approved the Balboa Village Business Improvement District 2000 -2001 Annual Report, and adopted a Resolution of Intention to levy and collect assessments for the District for the 2000 -2001 fiscal year. Details regarding the proposed renewal of the District and annual report are provided in the attached March 14, 2000 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. Balboa Village BID Renewal March 28.2000 Page I Public notice of the protest hearing and the Resolution of Intention have been published in the Daily Pilot and mailed to businesses within the District in compliance with state law. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: DANIEL TRIMBLE Associate Planner With assistance from: CLINTON SCOTT PALMER Cathimaries, Inc., BID Administrator Attachments: Resolution of Confirmation City Council Staff Report of March 14, 2000 F: \Users\PLN\Shared\ BIDS\ Balboavillage \COUNCIL\2000renew\B V 2000CCRPT2.doe Page 2 RESOLUTION NO. 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF APRIL 1, 2000 TO MARCH 31, 2001 FOR THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT. WHEREAS, on March 14, 2000 the Balboa Village Business Improvement District annual report was filed and approved by the City Council; and WHEREAS, on March 14, 2000 the City Council adopted and published a Resolution of Intention declaring the intention to levy assessments for the Balboa Village Business Improvement District for the fiscal year April 1, 2000 to March 31, 2001; and WHEREAS, a public hearing regarding the renewal of the Balboa Village. Business Improvement District was held on March 28, 2000 without 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 March 14, 2000 for the Balboa Village Business Improvement District for the fiscal year April 1, 2000 to March 31, 2001. 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 2000. MAYOR ATTEST: CITY CLERK F: \Users\PLN\Shared\B IDs\B alboavillage\ COUNCIL\2000renew\ResConfirm.doc ,,�E•>'�ORr CITY OF NEWPORT BEACH Hearing Date: March 14, 2000 COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 19 2 PLANNING DEPARTMENT Staff Person: Dan Trimble %< „oa•' 3300 NEWPORT BOULEVARD 644 -3230 NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 COUNCIL AGENDA REPORT TO THE MAYOR AND CITY COUNCIL NO 16 -08-00 SUBJECT: Balboa Village Business Improvement District Renewal, Annual Report for 2000 -2001 Fiscal Year, and Adoption of Resolution of Intention to Levy for 2000 -2001 Fiscal Year SUMMARY: The Balboa Village Business Improvement District was established April 1, 1995. This report summarizes the District's accomplishments during the 1999 - 2000 fiscal year, its fifth year of operation, and the proposed activities and budget for the coming year. The Balboa Village 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 March 28, 2000. SUGGESTED ACTION: PA Background Approve the Balboa Village Business Improvement District 2000 -2001 Annual Report; and Adopt Resolution of Intention to Levy and set public hearing for March 28, 2000. The Balboa Village Business Improvement District is nearing the end of its fifth year of operation and requests renewal of the District for the fiscal year April 1, 2000 to March 31, 2001. The boundaries of the benefits zone remain unchanged: generally located on the Balboa Peninsula between A Street and Coronado Street, as set forth with greater specificity in the map attached as Exhibit A. 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 the 1999 - 2000 fiscal year and proposed activities for the new fiscal year are provided below. Fifth Year District Accomplishments The Balboa Village Business Improvement District has sponsored the following promotions and activities during the past year: Purchasing and installing 20 trash containers and six planters on Main Street, the Public Parking Lot on Balboa Blvd. and Palm Street. • Providing seasonal decorations and lighting to promote business during the holiday season • Producing monthly newsletters from the Board of Directors to all members. • Providing materials free of charge to the public to control pet nuisance. • Maintaining membership with the Newport Harbor Chamber of Commerce and the Newport Beach Conference and Visitors Bureau, and participating in a cooperative advertising program with the Bureau. • Raising over $1,000 in contributions for the Balboa Theater Restoration. • Raising over $1,000 for the Newport Elementary School. • Participating in Balboa Peninsula Parking Study, the Parking Management Study, the design of the Balboa and Main Street Intersection, and the Balboa Streetscape Study. The BID was also actively involved in the ongoing PROP meetings. Fiscal Year Revenues During the 1999 - 2000 fiscal year the district collected approximately $9,370 in member assessments with over $7,600 yet to be collected. It received $14,322 in matching funds from the City and has spent approximately $19,162 for approved activities. It is anticipated that a remaining balance of approximately $5,000 will be carried over into the 2000 - 2001 fiscal year. Proposed Improvements. Activities and Budget The Priorities and Budget Outline for the 2000 -2001 fiscal year, including specific goals within each category, has been submitted by the Balboa Village Business Improvement District Advisory Board as part of the attached Annual Report. The identified priorities for the upcoming fiscal year are: 1. Marketing and Advertising 50% • Continue old and develop new annual special events • Maintain Memberships with Newport Harbor Area Chamber of Commerce and the Newport Beach Conference & Visitors Bureau • Print advertising (newspapers, magazines, cooperative advertising) • Two direct mail pieces to local residents • Install a kiosk directory system for better merchant visibility 2. Physical Improvements • New benches • Continue siting and installing new trash cans as needed • Continue decorative sidewalk/ potted plant program 30% Balboa Village BID Renewal March 14, 2000 Paget 3 3. Outreach Program 7% • Monthly newsletter • Communicate with merchants, residential associations, and other BIDS and City Council 4. Administration 8% • Association Insurance • Accounting (tax returns) 5. Special Projects 5% • Historic Walk Program Assessment Collection The current and proposed benefit assessment is equal to the City's usual annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code. In most cases the business license tax is comprised of $106 plus an additional amount for each employee. This rate is consistent with what has been paid since the beginning of the Balboa Village Business Improvement District in 1995. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year. Insurance agencies that are exempt from City license regulations shall be assessed $250 per year. Persons operating one of the following 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 The penalty for delinquent payments will be twenty-five percent per month, provided that the penalty amount added shall in no event exceed one hundred percent of the assessment amount due. Assessments would be collected in one installment at the beginning of the fiscal year, and would be pro -rated for new businesses that open during the year. The advisory group of the Balboa Village Business Improvement District does not expect to raise funds in addition to the assessments levied for the upcoming year. Matching funds, if approved by the City Council for fiscal year 2000 -2001, will be designated for physical improvements. The attached Annual Report further describes the budget and activities for the upcoming year, and has been filed with the City Clerk's office as required by State law. Balboa Village BID Renewal March 14, 2000 Page 3 Submitted by: Prepared by: SHARON Z. WOOD DANIEL TRIMBLE Assistant City Manager Associate Planner Attachments: Exhibit A (Boundary Map) Resolution of Intention 00 -_ Annual Report and Budget by BID Advisory Board With assistance from: CLINTON SCOTT PALMER Cathimaries, Inc., BID Administrator Balboa Village BID Renewal March 14, 2000 Page 4 3 L RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF APRIL 1, 2000 TO MARCH 31, 2001 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Balboa Village Business Improvement District was established in 1995 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the "Act "), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, the Advisory Board has prepared an Annual Report for the 2000 -2001 fiscal year which is on file in the Office of the City Clerk; and WHEREAS, on March 14, 2000 the Balboa Village Business Improvement District annual report was filed and approved by the City Council. 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 City Council hereby approves the renewal of the Balboa Village Business Improvement District for the 2000 -2001 fiscal year pursuant to the Act. 5 Section 2: The City Council hereby declares the intention to levy C assessments for the Business Improvement District for the fiscal year April 1, 2000 to March 31, 2001 pursuant to the Act. Such benefit assessment shall be as follows: A. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year. B. Insurance agencies that are exempt from City business license regulations shall be assessed $250 per year. C. Persons operating one of the following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: 1. Hair stylists 2. Nail technicians 3. Real estate agents D. The assessment for all other businesses within the District shall be 100 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. Section 3: 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 4: 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. 0 Section 5: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing and advertising 2. Physical improvements 3. Communications and Outreach Program 4. Administration Section 6: The location of the District will remain the same: generally located on the Balboa Peninsula between A Street and Coronado Street, as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on March 28, 2000 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 renewal 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 11 improvements or activity or benefit within the District, those types of improvements or ` t activities or benefit zones shall be eliminated. Further information regarding the proposed Business Improvement District renewal may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Telephone (949) 644 -3225. 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 day of 2000. MAYOR ATTEST: CITY CLERK ATTACHMENT: Exhibit A (Boundary Map) 0 A , Balboa Village Business Improvement District r —7- -7 : . �♦ - - - - - -- pvbaC Newport :i QIC C Armes/ ': Park Pacific Ocean Balboa Pier : � 3 • Business Improvement District Boundary Exhibit A Park BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR 2000 -2001 FISCAL YEAR Overview This is the annual report for the Balboa Village Business Improvement District, as required by Section 36533 of the California Streets and Highways Code, for fiscal year April 1, 2000 to March 31, 2001. Boundaries The boundaries of the benefit zone remain the same: generally located on the Balboa Peninsula between A Street and Coronado Street, as set forth with greater specificity in the map attached as Exhibit A. Proposed Activities The improvements and activities to be provided for the fiscal year include: 1. Marketing, advertising, and promotion of Balboa Village 2. Physical Improvements within Balboa Village 3. Balboa Village BID Member and Community Outreach 4. Balboa Village BID Tax Preparation and Insurance Proposed Budget The estimated cost of providing the proposed improvements and activities in this report is approximately $35,000. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2000 -2001 fiscal year. Assessments Assessments shall be collected in one annual installment at the beginning of the fiscal year, and shall be pro -rated for new businesses that open during the fiscal year. 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. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year. Insurance agencies that are exempt from City business license regulations shall be assessed $250 per year. 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 C is Account Status The District's current account balance is approximately $5,000 at the end of the first ten months of the fiscal year. It is anticipated the balance will be approximately $4,000 at the fiscal year end, March 31, 2001. Matching funds, if approved by the City Council for fiscal year 2000 -2001, will be added to the amount designated for physical improvements. The advisory board of the Balboa Village 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 2000- 2001 fiscal year budget. Prior Year Accomplishments The merchants of Balboa Village have found their fifth year as a Business Improvement District to be very successful and have achieved several accomplishments including: * Purchasing and locating upgraded trash cans on Main Street, the Public Parking Lot on Balboa Blvd. and throughout the district to improve the visual appearance. * Providing seasonal decorations and lighting to promote business during the holiday season. * Producing monthly newsletters from the Board of Directors to all members. * Maintaining membership with the Newport Harbor Chamber of Commerce and the Newport Beach Conference and Visitors Bureau, and participating in a cooperative advertising program with the Bureau. * Raising over $1,000 in contributions for the Balboa Theater Restoration. *Raising over $1,000 for the Newport Elementary School. * Paid for insurance coverage for the association as well as preparation of the federal tax return. * Participating in Balboa Peninsula Parking Study, the Parking Management Study, the design of the Balboa and Main Street Intersection, and the Balboa Streetscape Study. The BID was also actively involved in the ongoing PROP meetings. The merchants of Balboa have worked hard to promote their village and wish to express their appreciation for the City Council's continued support of the Balboa Village Business Improvement District. Balboa Village ( " Business Improvement District Priorities and Budget Outline April 1, 2000 - March 31, 2001 Funds Available FY End 2000 $ 5,000 Funds to be Collected April 2000 $16,390 Matching Funds from City (subject to City Council approval $14,300 Total Anticipated Funds $35,690 Marketing & Advertising 50% 1.Maintain memberships with NHA CofC/NB CVB 2.Print advertising 3. Kiosk 4. Direct -mail 5. Special events Physical Improvements 1. Trash cans, Planters and Benches 30% Outreach Programs 7% 1. Monthly newsletter 2. Meeting notices 3. Maintain the open communication with the residents, the BIDS and City Council Administration 8% 1.Insurance 2. Accounting 3. Other Special Projects 5% 1. Historic walk program I