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HomeMy WebLinkAbout05 - Marine Avenue BIDr o4zEWroRre CITY OF NEWPORT BEACH Hearing Date: u fe COMMUNITYAND ECONOMIC DEVELOPMENT Agenda Item r 5 No.: PLANNING DEPARTMENT Staff Person: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL November 14,2000 5 Daniel Trimble (949) 644 -3230 SUBJECT: Marine Avenue Business Improvement District 2000 Annual Report, District Renewal, and Introduction of an Ordinance to 1) Modify the Boundaries of the Assessment District and 2) Rename the Assessment District. SUMMARY: The Marine Avenue Business Improvement District was established January 1, 1996. This report summarizes the District's accomplishments during 2000, its fifth year of operation, and the proposed activities and budget for the 2001 fiscal year. The Marine Avenue 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 12, 2000. ACTION: 1. Approve Marine Avenue Business Improvement District 2000 Annual Report; 2. Adopt the Resolution of Intention to Levy; 3. Introduce Ordinance No. 2000 - to modify the Assessment District boundaries, to rename the Assessment District, and confirm Intention to Levy; and 4. Set a public hearing on the Ordinance and renewal of the District for December 12, 2000. Overview The Marine Avenue Business Improvement District is nearing the end of its fifth year of operation and requests renewal of the District for the fiscal year January 1 to December 31, 2001. The District includes the 200 and 300 blocks of Marine Avenue 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 2000 and proposed activities for 2001 are provided below. The District's 2001 activities are proposed to remain the same as in 2000. The District seeks to include the 100 block of Agate Avenue and certain businesses contiguous to Agate Avenue on South Bay Front and Park Avenue as set forth more clearly on the attached map. The District also seeks to rename itself the Balboa Island Business Improvement District to correctly reflect the character of this boundary change. Fifth Year District Accomplishments The Marine Avenue Business Improvement District has sponsored the following promotions and activities during the past year: I. Reprinting of a full color Balboa Island brochure with distribution to hotels and visitor racks throughout Orange County. The merchants have found this to be a very effective tool in bringing shoppers to Balboa Island. 2. Celebrate Balboa Island parade. This parade attracted an estimated 4,500 people and set many record highs for merchant sales during the day of the parade. 3. Participation in the Newport Beach Conference and Visitors Bureau. 4. Christmas decorations and lighting to enhance holiday shopping along Marine Avenue. 5. Participation with the Anaheim/Orange County Visitors and Conference Bureau to more widely encourage county -wide tourists to visit Balboa Island. 6. Steam cleaning of sidewalks on a monthly and as needed basis. Fiscal Year District Revenues During 2000 the district collected approximately $19,066 and has spent approximately $24,288 for approved activities. It is anticipated that a remaining balance of approximately $100 will be carried over into the 2001 fiscal year budget. Proposed Activities and Budget The activities proposed for the next year include marketing, advertising, public relations, and public improvements and maintenance to benefit Balboa Island businesses. The estimated budget for these activities is approximately $18,000. Assessment Collection The current and proposed benefit assessment is equal to 150% of the City's usual annual business license fee, or $25 if a second floor business, as established pursuant to Chapter 5.08 of the Municipal Code. 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. Individuals with more than one business entity within the assessment boundaries shall be required to pay the District assessment for the business with the higher assessment. Persons operating one of Page 2 the following businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: Hair stylists Nail technicians 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. Expansion and Name Change The District is seeking to expand to cover the commercial area around the ferry landing. The Board anticipates that a majority of the businesses will be supportive of the expansion, as many of them are already voluntary members. The Board also anticipates participating in events in the new area such as the art show. The name change to "Balboa Island Business Improvement District" will better represent the new boundaries of the District. The Marine Avenue Business Improvement District appreciates the City Council's continued support. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: DANIEL TRIM13LE Associate Planner With assistance from: CLINTON SCOTT PALMER Cathimarie's Inc., BID Administration Attachments: Ordinance 2000 - Resolution of Intention to Levy 2000 -_ Annual Report Exhibit A - Boundary Map Page 3 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ANNUAL REPORT AND DECLARING ITS INTENTION TO LEVYING ASSESSMENTS FOR THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JANUARY 1, 2001 TO DECEMBER 31, 2001. WHEREAS, the Marine Avenue 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, on November 14, 2000 the Marine Avenue Business Improvement District 2000 Annual Report was filed and approved by the City Council; 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; and WHEREAS, the Business Improvement District Advisory Board has recommended the boundaries for levying assessment be modified; and WHEREAS, the Business Improvement District Advisory Board has recommended the name of the District be changed to the "Balboa Island Business Improvement District" to reflect the inclusion of businesses within the new boundaries. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: 4 K Section 1: The City Council hereby declares the intention to levy assessments and orders the collection of a benefit assessment upon persons conducting business in the Business Improvement District for the fiscal year 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 150 percent of the annual business license tax, or $25 if a second floor business, as established pursuant to Chapter 5.08 of the Municipal Code. Section 2: The benefit assessments shall be collected by the City, or an assigned vendor, in one annual installment. Collections for new businesses in the District will be on the day of the issuance of a business license by the City and shall be pro -rated according to the number of full months remaining in the District's fiscal year. Resolution No. 2000 - Marine Avenue Business Improvement District 3 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 7. An owner of more than one business within the District shall only be required to pay the larger assessment amount, and shall be exempt from assessments on additional businesses within the District. Section 8: 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, which are to take place on, or in any public places in the area. 4. Decoration of any public place in the area. 5. Public area improvements and maintenance activities. 6. The general promotion of retail trade activities. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on December 12, 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 Resolution No. 2000 - Marine Avenue Business Improvement District 6 4 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 (949) 644 -3230. 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 2000. Resolution No. 2000 - Marine Avenue Business Improvement District MAYOR ATTEST: CITY CLERK ATTACHMENT: Exhibit A - Boundary Map F:1 Users WNISharedl& DsWarineAw1COUNC IL1200lrenewLNARESOINT.doc Resolution No. 2000 - Marine Avenue Business Improvement District f MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT 2000 ANNUAL REPORT This is the annual report for the fifth year of the Marine Avenue Business Improvement District, as required by Section 36533 of the California Streets and Highways Code. This report covers the District's accomplishments for the previous fiscal year (January 1, 2000 to December 31, 2000) and the proposed activities and budget for the 2001 fiscal year. The boundaries of the benefit zone will be expanded to include the 100 block of Agate Avenue and certain businesses contiguous to Agate Avenue on South Bay Front and Park Avenue as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. The District also seeks to rename itself the Balboa Island Business Improvement District to correctly reflect the character of this boundary change. The improvements and activities to be provided for the coming fiscal year include: 1. Marketing, advertising and public relations, including a professional advertising and image campaign. 2. Brochure development and distribution. 3. Promotion of public events that are to take place on or in any public places in area. 4. Decoration of any public place in the area. 5. Public area improvements and maintenance activities. 6. The general promotion of retail trade activities. The estimated costs of providing the proposed improvements and the activities described in this report are approximately $16,000. The benefit assessments will be collected by the City, or an assigned vendor, in one annual installment and be pro -rated for new businesses that open during the year. The benefit assessment shall be equal to one hundred ninety percent (150 %) of the City's annual business license fee, or $25 if a second floor business, as established pursuant to Chapter 5.08 of the Municipal Code. Independent professionals such as real estate salespeople are exempt. The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.08 of the Municipal Code, providing that the penalty amount added shall in no event exceed one hundred percent of the assessment amount due. Individuals with more than one business entity within the assessment boundaries shall be required to pay the District assessment for the business with the higher assessment, shall be exempt from assessments on any additional businesses within the District, and shall continue to pay required City business license fees in accordance with Chapter 5.08 of the Municipal Code. Banks and financial I 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. The amount of surplus carried over from the 2000 fiscal year is approximately $1,100 at the end of the first ten months of the fiscal year. It is anticipated the balance will be approximately $100 at the fiscal year end, December 31, 2000. The advisory group of the Marine Avenue Business Improvement District may raise additional funds through various events and fundraisers in addition to the assessments levied. At this time they do not anticipate additional funds for the 2000 budget. Among the Marine Avenue Business Improvement District accomplishments during 2000 are the following: The reprinting of a full color Balboa Island brochure with distribution to hotels and visitor racks throughout Orange County. The merchants have found this to be a very effective tool in bringing shoppers to Balboa Island. 2. Christmas decorations and lighting to enhance holiday shopping along Marine Avenue. 3. Participation with the Anaheim/Orange County Visitors and Conference Bureau to more widely encourage county-wide tourists to visit Balboa Island. 4. Cooperation with the Newport Beach Conference and Visitors Bureau. 5. Sponsorship and participation in the Celebrate Balboa Island Parade. 6. Public area improvements and maintenance, including steam cleaning. The merchants of Marine Avenue appreciate the efforts of the City Council and your continued support of Balboa Island. F:1 Users I PLNISharediB IDsWarineAveICOUNCILV 001 renewWAANNBP72000.doc 10 ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MODIFYING THE BOUNDARIES FOR LEVYING ASSESSMENTS FOR THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2001 AND CHANGING THE DISTRICTS NAME TO "BALBOA ISLAND BUSINESS IMPROVEMENT DISTRICT" WHEREAS, on January 1, 1996 the Marine Avenue Business Improvement District was established, which provided for the imposition of a benefit assessment upon businesses within the District; and WHEREAS, upon recommendation of the Advisory Board the City Council desires to modify the boundaries of the Assessment District; and WHEREAS, upon recommendation of the Advisory Board the City Council desires to change the name of the Assessment District to "Balboa Island Business Improvement District ". NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Intent and Puroose. On October 19, 1995 the City Council of the City of Newport Beach adopted Ordinance No. 95 -50 establishing the Marine Avenue Business Improvement District. On November 14, 2000, the City Council adopted Resolution No. 2000- declaring its intention to levy a benefit assessment on businesses within the District, the proceeds of which shall be used for the public purposes therein described, pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) Ordinance No. 2000 - Marine Avenue Business Improvement District Page 1 It of Division 18 of the California Streets and Highways Code (the "Act "). On December 12, 2000, the City Council held a public meeting in the City of Newport Beach Council Chambers which was duly noticed pursuant to the Act, and introduced this Ordinance. On December 12, 2000 the City Council held public hearings in the City of Newport Beach Council Chambers to receive protests and comments from any persons and affected business owners. At the conclusion of the public hearing the City Council determined that oral and written protests from businesses in the District area that would pay 50 percent or more of the proposed assessment had not been received; and based on all evidence presented that the businesses within the District will be benefited by the expenditure of the funds raised by the assessments levied. In its Annual Report submitted at the November 14, 2000 public meeting and at the December 12, 2000 public hearing the Advisory Board recommended that the City Council expand the boundaries for levying of assessment be modified as described in Section 2 below, and that the name of the District be changed as described in Section 3 below. SECTION 2. District Area Boundaries. The District boundaries established in Ordinance 95 -50 shall remain in place. The boundaries of the benefit zone will be expanded to include the 100 block of Agate Avenue and certain businesses contiguous to Agate Avenue on South Bay Front and Park Avenue as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. Ordinance No. 2000 - Marine Avenue Business Improvement District Page 2 3 SECTION 3. Name Change. The name of the District shall be changed from "Marine Avenue Business Improvement District" to "Balboa Island Business Improvement District ". SECTION 4. Benefit Assessment. The City Council hereby levies and imposes and orders the collection of a benefit assessment upon persons conducting business in the District. 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 businesses not included under Sections 4.A through C that do not occupy street -level space shall $25 per year. E. The assessment for all other businesses within the District shall be 150 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. F. An owner of more than one business within the District shall only be required to pay the assessment for the business with the highest assessment amount, and shall be exempt from assessments on additional businesses within the District. Ordinance No. 2000 -_ Marine Avenue Business Improvement District Page 3 I SECTION 5: Collection of Benefit Assessment. The benefit assessments shall be collected by the City, or an assigned vendor, in one annual installment. Assessments will be levied on the date the annual District renewal becomes effective, and 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. Penalty for Delinquent Payment. The penalty for delinquent payments shall be equal to that established for delinquent business license taxes pursuant to Chapter 5.08 of the Municipal Code, providing that the penalty amount to be added shall in no event exceed one hundred percent of the assessment amount due. No City Business License shall be knowingly issued or renewed to any business which, at the time of making application for license or renewal thereto, is indebted to the City for any delinquent benefit assessment. SECTION 7. Chances in Assessments. Any businesses covered by this Ordinance shall also be subject to changes which may be made in the assessments or in the uses to which the revenues shall be put, as specified in this Ordinance and as permitted by the Act; such changes shall be made by later ordinance adopted after hearing before the City Council, or by Resolution, if approved in conjunction with confirmation of an Annual Report. SECTION 8. Improvements and Activities. The benefit assessments collected pursuant to this Ordinance shall be used only for the following purposes: 1. Marketing, advertising and public relations. 2. Brochure development and distribution. 3. Promotion of public events which are to take place on or in any public places in the area. Ordinance No. 2000- Marine Avenue Business Improvement District Page 4 16, 4. Decoration of any public place in the area. 5. Public area improvements and maintenance activities. 6. The general promotion of retail trade activities. The City Council of Newport Beach shall have sole discretion as to how the revenue derived from the benefit assessments is to be used within the scope of the above purposes; provided, however, it shall consider recommendations as to the use of said revenue made by the Advisory Board referenced in Section 9 of this Ordinance. The revenues from the levy of assessments shall not be used to provide improvements or activities for the direct benefit of properties outside of the District or for any other purpose not specified in this section or in any subsequent Ordinance or Resolution. SECTION 9. Advisory Board. (a) Appointment. The City Council by Resolution 95 -109 appointed an Advisory Board which shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant to this Ordinance, on the classification of businesses, as appropriate, and on the basis and method of levying the assessments. (b) Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The report shall be filed with the City Clerk and shall comply with all the requirements of Streets and Highways Code Section 36533. (c) Approval of Report. The City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and approve it as modified. The City Council shall not approve a change in the basis or method of Ordinance No. 2000 - Marine Avenue Business Improvement District Page 5 16 levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments. SECTION 10. Confirmation of the Intention to Levy Assessment. The City Council confirms the Resolution of Intent to Levy adopted November 14, 2000. SECTION 11. This ordinance shall take effect 30 days after passage. PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular meeting thereof held on the day of 2000. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK IIMIS IISYSIUsersIPLNISharedlBl DslMareneAwICOUNC lL12001renewlMAORD2001.doc Ordinance No. 2000 - Marine Avenue Business Improvement District Page 6 I�