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HomeMy WebLinkAbout06 - Corona del Mar BID RenewalCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 July 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning Department George A. Berger, AICP; C &ED Program Manager; 949/644 -3207; gaberger(@city.newport-beach.ca.us SUBJECT: Corona del Mar Business Improvement District Renewal: Annual Report for 2002 -2003 Fiscal Year; and Adoption of Resolution of Intention to Levy for 2003 -2004 Fiscal Year ISSUE: Should the City Council renew the Corona del Mar Business Improvement District for its 8'" year of operation, for the BID's fiscal year of September 1", 2003 to August 31st, 2004? RECOMMENDATION: 1. Approve the Corona del Mar Business Improvement District 2002 -2003 Annual Report; and 2. Adopt the Resolution of Intention to Levy Assessments and set the public hearing for August 12, 2003. DISCUSSION: Background The Corona del Mar Business Improvement District is nearing the end of its seventh year of operation, and requests renewal for the fiscal year September 1, 2003 to August 31, 2004. The boundaries of the benefits zone have been reviewed by the BID Advisory Board, and are recommended to remain unchanged: generally located on East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A. Section 36533 of the California Streets and Highways Code requires that an annual report be prepared and reviewed, and that a public hearing be held each year prior to renewal of the Business Improvement District (BID). A summary of accomplishments during the 2002 -2003 fiscal year is provided below. CdM BID'02 -03 Annual Report & Resolution of Intention to Levy July 22, 2003 Page 2 Seventh Year District Accomplishments The Corona del Mar BID sponsored the following promotions and activities during the past year: • With the cooperation of the City's General Services Department, and with additional funds generously contributed by the City, the BID installed six new bus stop shelters; • Maintained and updated the Corona del Mar BID website, www.cdmvillage.com, to educate the public about the CdM Vision plan and distribute information on current events and administration of the BID; • Moved forward with the CdM Vision Plan by furthering CalTrans relinquishment discussions for that portion of Coast Highway within Corona del Mar. This was achieved by working closely with the City Council, City staff, and a legislative consultant paid for by the BID; • Completed engineering studies to replace the painted medians with new, raised Bomanite medians. The BID anticipates working with the Public Works and General Services departments to install these new medians during the coming fiscal year; • Provided quarterly maintenance of decorative landscape bedding plants at the Marguerite / Coast Highway intersection, with replanting as needed; • Maintained the health of the 200 Palm and Hong Kong Orchid trees along the Coast Highway right -of -way. The BID also paid to maintain the planters and irrigation; • Mailed monthly informational newsletters from the BID Advisory Board to all members; • Supported the Christmas Walk, an annual event of the Corona del Mar Chamber of Commerce; • Implemented a successful holiday lighting program in the Coast Highway medians, as well as in all participating merchant windows; • Continued the Beautification Award —a recognition of merchants who renovate their stores or buildings; • Most recently, instituted a new and more cost - effective working relationship with the Corona del Mar Chamber of Commerce in marketing efforts. Fiscal Year District Revenues During the BID's 2002 -2003 Fiscal Year, which runs from September 1 through August 31, the BID collected approximately $70,700.00 in assessments from members. Its account balance of the beginning of the year was $66,000.00. It received $46,230.00 in matching funds from the z CdM BID '02 -03 Annual Report & Resolution of Intention to Levy July 22, 2003 Page 3 City, for an available operating revenue of $182,930.00. The BID has spent approximately $67,192.00 for approved activities. The BID's current account balance is approximately $124,000, following the first eleven months of the fiscal year. It is anticipated the balance will be approximately $122,000 or less at the fiscal year end. Proposed Improvements, Activities and Budget The FY2003 -2004 Priorities and Budget Outline, including specific goals for each category, is submitted by the BID Advisory Board as part of the attached Annual Report. The highest priorities for the upcoming fiscal year are: 1. Marketing, advertising, and promotion of Corona del Mar; 2. Physical Improvements within Corona del Mar; 3. Corona del Mar BID Member and Community Outreach; 4. Corona del Mar BID CdM Vision Plan and associated administration. The estimated cost of providing the proposed improvements and activities to be undertaken by the BID in FY 03 -04 is approximately $240,137.00. The implementation of these actions is more fully described in the attached CdM BID Priorities and Budget Outline for the 2003 -2004. Assessment Collection The current and proposed BID benefit assessment per business is equal to 150% of the City's annual business license fee, pursuant to Chapter 5.08 of the Newport Beach Municipal Code. In most cases the business license tax is comprised of $120 plus an additional amount for each employee. Banks and financial institutions exempt from City business license regulations are assessed $500 per year. Insurance agencies exempt from City license regulations are assessed $250 per year. Persons operating one of the following businesses as an independent contractor in an establishment owned by another person are exempt from this assessment: 1. Hair stylists 2. Nail technicians 3. Real estate agents The penalty for delinquent payments is 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 are collected in a single installment at the beginning of the fiscal year, and are prorated for new businesses opening during the year. The Advisory Board of the Corona del Mar Business Improvement District does not expect to raise funds in addition to the assessments levied for the upcoming year. It is anticipated that matching funds will be approved by the City Council for fiscal year 2003 -2004, with additional funds added to the amount designated for marketing activities and 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 California law. 3 CdM BID '02 -03 Annual Report & Resolution of Intention to Levy July 22, 2003 Page 4 Environmental Review: Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4). Public Notice: None Required Fundinq Availability: Business Improvement District matching funds are included in City Budget Account No. 2720- 8250. Submitted by: Prepared by: SHARON Z. WOOD GEORGE A. BERGER, AICP Assistant City Manager C &ED Program Manager li With assistance from: CLINTON SCOTT PALMER Cathimarie's Inc., BID Administration Attachments: Exhibit A: CdM BID Boundary Map Exhibit B: FY 02 -03 Annual Report (by BID Advisory Board) Exhibit C: FY 03 -04 Priorities & Budget by (BID Advisory Board) Exhibit D: Resolution of Intention 03- T EXHIBIT B REPORT TO THE MAYOR AND CITY COUNCIL CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR 2002 -2003 FISCAL YEAR Overview This is the annual report for the Corona del Mar Business Improvement District, as required by Section 36533 of the California Streets and Highways Code, for fiscal year September 1, 2002 to August 31, 2003. Boundaries The boundaries of the benefit zone remain unchanged: generally located on East Coast Highway from Hazel Drive to Avocado Avenue 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 Corona del Mar 2. Physical Improvements within Corona del Mar 3. Corona del Mar BID Member and Community Outreach 4. Corona del Mar BID CdM Vision Plan and associated administration. Proposed Budget The estimated cost of providing the proposed improvements and activities in this report is approximately $240,137.00. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2003 -2004 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 150% of 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 in one of the following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this Account Status Prior Year Accomplishments assessment: 1. Hairstylists 2. Nail technicians 3. Real estate agents During the 2002 -2003 fiscal year the district collected approximately $70,700.00 in assessments from members. Its account balance of the beginning of the year was $66,000.00. It received $46,230.00 in matching funds from the City for an available operating revenue of $182,930.00. The BID has spent approximately $67,192.00 for approved activities. The District's current account balance is approximately $124,000 at the end of the first eleven months of the fiscal year. It is anticipated the balance will be approximately $122,000 or less at the fiscal year end, August 31, 2003. Matching funds, approved by the City Council for fiscal year 2003 -2004, would be added to the amount designated for marketing and improvement efforts. The merchants of Corona del Mar have found their seventh year as a Business Improvement District to be very successful and have achieved several accomplishments including: *With the cooperation of the City's General Services Department, and with additional funds generously contributed by the City, the BID installed six new bus stop shelters. *Maintained and updated the Corona del Mar BID website, www.cdmvillage�, to educate the public about the CdM Vision plan and distribute information on current events and administration of the BID. * The BID also moved forward with the CdM Vision Plan by securing relinquishment of Coast Highway within Corona del Mar from Cal Trans jurisdiction. This was achieved by working closely with the City Council, City Staff, and a legislative consultant paid for by the BID. * Completed engineering studies to replace the painted medians with new, raised bomanite medians. The BID anticipates working with General Services to install these new medians during the coming fiscal year. *Quarterly maintenance of decorative bedding at the Marguerite / Coast Highway intersection with replanting as needed. *Maintained the health of the 200 palm and Hong Kong Orchids along the Coast Highway right -of -way. The BID also paid to maintain the planters and irrigation. *Mailed monthly newsletters from the Advisory Board to all members. *Supported the Corona del Mar Chamber of Commerce with the Annual Christmas Walk *Implemented a successful program in installing Holiday Lighting in the medians as well as in all participating merchant windows. *Continued the recognition of merchants who renovate their stores or buildings. *Instituted a new and more cost effective working relationship with the Corona del Mar Chamber of Commerce in marketing efforts. The merchants of Corona del Mar have worked hard to promote their village and wish to express their appreciation for the City Council's continued support of the Corona del Mar Business Improvement District. I EXHIBIT C Corona del Mar Business Improvement District Priorities and Budget Outline September 1, 2003- August 31, 2004 Funds Available FY End 2003 120,000 Funds to be Collected September 2003 69,000 Matching Funds from City 65,500 Total Available Funds 254,500 Priorities Budget Amount Total 1. BID Administration / Vision 2004 4% $ 17,400 *Continue representation in Sacramento to secure Caltrans operating agreement *Develop further funding options to implement CdM Vision Plan *Continue to present the CdM Vision 2004 Plan to educate concerned parties about improvements *Work with the City of Newport Beach in implementing the improvements called forth by the CdM Vision Plan 2. Action Committee 52% $120,000 *Work closely with the City Staff in developing improvements called for by the CdM Vision Plan. When funding has been appropriated for CdM Vision, and when improvements have begun, the CdM BID will share up to $120,000 in costs. * Engineer and build new medians in place of painted medians *Install decorative holiday decorations and banners *Contribute funds to the Corona del Mar Chamber for the Christmas Walk *Install holiday decorations throughout the BID during the holiday season. Marketing 33% $77,623 *Retain consultant to work with CdM Chamber of Commerce *Retain consultant to implement CdM Centennial Celebration *Maintain Memberships with Sherman Gardens and Newport Chamber * Develop new annual special events in conjunction with the Corona del Mar Chamber * Contract with CdM Chamber to maintain website and publish newsletter 4. Maintenance 11% $25,114 *Maintain lighting and seasonal color for Marguerite /Coast Highway intersection *Maintain backflow devices as needed for tree irrigation *Maintain sidewalks and benches as needed *Maintain all tree wells and tree health for 200 palm and orchid trees within the District E EXHIBIT D RESOLUTION NO.2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF SEPTEMBER 1, 2003 TO AUGUST 31, 2004. WHEREAS, the Corona del Mar 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 the 2002 -2003 fiscal year which is on file in the Office of the City Clerk; and NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares the intention to levy assessments for the Corona del Mar Business Improvement District for the fiscal year September 1, 2003 to August 31, 2004 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; Resolution No. 2003 - Corona del Mar Business Improvement District Page 1 M 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 as established pursuant to Chapter 5.08 of the Municipal x9r,[A Section 2: 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 3: The City shall collect benefit assessments 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 4: The improvements and activities to be funded by the benefit assessments shall include only the following: I. Marketing, advertising, and special events Resolution No. 2003 - Corona del Mar Business Improvement District Page 2 2. Physical improvements & maintenance 3. Communications and Outreach Program 4. Representation of area business interests in governmental affairs 5. Administration Section 5: The location of the District will remain the same: generally located on East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on August 12, 2003 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 that 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 or benefit within the District, those types of improvements or activities or benefit zones shall be eliminated. Resolution No. 2003 - Corona del Mar Business Improvement District Page 3 v 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 2003. ATTEST: MAYOR CITY CLERK ATTACHMENT: Exhibit A (Boundary Map) Resolution No. 2003 - Corona del Mar Business Improvement District Page 4 I�