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HomeMy WebLinkAbout04 - Resolution of Intention to Renew the CdMBID and Levy Assessments in Fiscal Year 2016-2017Q �EwPpRr CITY OF z NEWPORT BEACH City Council Staff Report May 24, 2016 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager - 949-644-3001, dkiff@newportbeachca.gov PREPARED BY: Mary Locey, Management Analyst/BID Liaison mlocey@newportbeachca.gov PHONE: 949-644-3031 TITLE: Resolution of Intention to Improvement District and 2017 ABSTRACT - Renew the Corona del Mar Business Levy Assessments in Fiscal Year 2016- The Corona del Mar Business Improvement District (CdM BID) Board of Directors has submitted the BID's fiscal year (FY) 2015-2016 Annual Report for City Council approval and has requested renewal of the BID for FY 2016-2017. RECOMMENDATIONS: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve the Corona del Mar Business Improvement District Fiscal Year 2016-2017 Annual Report; and c) Adopt Resolution No. 2016-63, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2016 to June 30, 2017, and Fix the Time and Place of a Public Hearing for June 14, 2016. FUNDING REQUIREMENTS: The City of Newport Beach collects the member assessments on behalf of the CdM BID and remits the monies back to the BID for funding the activities described in the attached annual report. In addition to the member assessments, in 2013, the City 4-1 Resolution of Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments in Fiscal Year 2016-2017 May 24, 2016 Page 2 Council agreed to provide $40,000 each year for five years (ending in FY 2017-18) to support the CdM BID efforts. In 2014, the City Council approved reducing funding to $20,000 when it was agreed to bring the BID accounting (assessment billing, collection, financial reporting) and minimal administrative support in house to be performed by City staff. The City's proposed FY 2016-2017 budget includes sufficient funding to continue to support the CdM BID. It will be expensed to the Professional and Technical account in the City Manager's Office, Economic Development Division, 01020202-811008. DISCUSSION: The Corona del Mar Business Improvement District (CdM BID) was formed in 1997 (Ordinance 97-24) pursuant to the Parking and Business Improvement Area Law of 1989 (1989 Law), codified in Streets and Highways Code Sections 36500 et seq. The CdM BID was established for the purpose of financing activities and programs to benefit the businesses located and operating in the area. The CdM BID territory encompasses the area generally located along East Coast Highway from Hazel Drive to Avocado Avenue in Corona del Mar. (A boundary map is attached to the Resolution.) The CdM BID is nearing the end of its FY 2015-2016 and the Board of Directors has requested renewal of the BID for FY 2016-2017. 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 CdM BID Board of Directors, which serves in an advisory capacity to the City Council, has prepared and submitted the attached annual report (Attachment A) for the Council's review and approval. The report includes a summary of the CdM BID's FY 2015-2016 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. Fiscal Year 2016 Accomplishments The CdM BID has remained focused on its Vision 2020 revitalization projects and maintenance programs. The Board developed a priority list of projects that are detailed in the attached annual report. A few highlights from this past fiscal year are described below. • Gateway Project — The Public Works Department is currently overseeing construction of this long-awaited project, also known as the CdM Entry Project. After construction began, the CdM BID Board approached the City with a request to install low -voltage uplighting and electrical outlets. Public Works issued a change order using a majority of the project's contingency funds to fulfill the Board's request. The CdM BID has budgeted for the ongoing electrical maintenance, repairs and replacements of the electrical system. 4-2 Resolution of Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments in Fiscal Year 2016-2017 May 24, 2016 Page 3 • Marguerite Beautification Project and Flower Street Signs Program — The CdM BID Board has been working with the community to develop a beautification project at the Marguerite Avenue and East Coast Highway intersection. Envisioned improvements include landscape and hardscape at the four intersection corners. One of the project components is to create and place decorative street signs along East Coast Highway for the "flower streets." Efforts on the street sign portion of the project will continue during fiscal year 2016-2017 and the landscape and hardscape improvements have been postponed. • News Rack Program — The CdM BID Board, in conjunction with staff from the City Attorney's Office and Public Works, are drafting an amendment to the existing municipal code to allow gang -style news racks (one pedestal fixture with multiple boxes) within the CdM business district. The Board has budgeted $20,000 toward purchasing and installing the new fixtures (total cost estimate is $45,000). The Public Works Department will bring an item to the City Council for consideration in a few months that would amend the municipal code and request City funding support in the amount of $25,000 (See Attachment B). • Parking — The CdM BID created a parking subcommittee, which is looking for ways to improve and better manage parking in the village. The subcommittee is taking a two-pronged approach: 1) create and/or free up parking and 2) reduce the parking zone requirement (See Attachment C). In an effort to find solutions, the subcommittee has been meeting with City staff from the Finance Department and the Planning Division. As a way to help balance the need for funding capital improvements and improvements requested by the CdM BID, City staff has brought forward the idea of installing parking pay stations within the business district along East Coast Highway. This concept was discussed during the fiscal year 2015-2016 budget development process and has recently been discussed at both the CdM BID and the CdM Residents Association Board meetings. Both groups have requested additional outreach efforts and the development of a plan for the expected revenue. The remainder of FY 2016-2017 activities listed in the annual report includes the ongoing and regular efforts of the CdM BID for general maintenance of the East Coast Highway tree -well landscaping and street furniture (benches, trash receptacles and bicycle racks) and the marketing outreach efforts of the events and activities that occur within the CdM BID boundaries. City staff is recommending adoption of Resolution No. 2016-63, a Resolution of Intention to Renew the Corona del Mar Business Improvement District (Attachment D) and levy assessments in fiscal year 2016-2017 and setting the public hearing for renewing the CdM BID for June 14, 2016. 4-3 Resolution of Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments in Fiscal Year 2016-2017 May 24, 2016 Page 4 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). ATTACHMENTS: Attachment A — CdM BID Annual Report and Budget Attachment B — CdM BID Letter Regarding News Racks Attachment C — CdM BID Parking Subcommittee Meeting Minutes Attachment D — Resolution of Intention to Renew the CdM BID Resolution Exhibit A — CdM BID Boundary Map ATTACHMENT A Corona del Mar Business Improvement District FISCAL YEAR 2015-2016 ANNUAL REPORT This is the annual report for the twentieth year of the Corona del Mar Business Improvement District, as required by Section 36533 of the California Streets and Highways Code. 1. Proposed Changes to the District Boundary There are no changes proposed to the district boundaries. 2. Improvements and Activities for the Fiscal Year of July 1, 2016 to June 30, 2017 VISION 2020 - REVITALIZATION IMPROVEMENTS & MAINTENANCE The following are revitalization project improvements and maintenance programs planned for Corona del Mar's Business District (BID) for the fiscal year 2016-2017. These expenditures are consistent with the BID's Vision 2020 plan: 2.1 Gateway Project — Electrical Maintenance (MacArthur & PCH) The Gateway Entry Improvement Project has been part of the BID's original Vision Plan for Corona del Mar for the past 15 years and was recently completed. The BID will budget for annual electrical maintenance to ensure electricity stays in working order. 2.2 Marguerite Beautification Project & Flower Street Sign Program The Board seeks to continue creating a sense of identity for the Village at the intersection of Marguerite and Coast Highway that would include improvements to landscaping, streetscape and an enhanced street sign program to accentuate the popular "Flower Streets". The Board has determined that the landscape and hardscape components of this project are beyond budgets for this fiscal year, however the BID plans to pay 100% of the Flower Street Sign Program and has budgeted $22,000 towards this goal. The Street Sign Program shall include replacement of existing street signs in the Business District with taller and larger signs that would include an illustration of the Flower in which the street is named. 2.3 News Racks Program The BID has been striving to upgrade the Newspaper Racks throughout the Business District. The current news racks are damaged, unsafe and in some cases take up valuable parking spacing on Coast Hwy. The improvement program groundwork has begun in FY 2015/16 with the help of the City staff, legal department and Council. The Guidelines are almost complete and the BID has budgeted $20,000 towards the cost of project completion. The Board is also asking City Council to consider assisting with an additional $25,000 from the City's general fund. In addition, the BID will be working with the City on proposed changes to the Municipal Code evaluating the condition and placement of Newspaper stands. G&I 2.4 Parking Improvements The BID will continue to study and analysis the various components affecting parking in Corona del Mar and identify possible solutions working with property owners and City staff on parking ordinances and the possible creation of a Parking District. 2.5 Landscaping & Tree Well Maintenance The BID will continue to provide maintenance through a landscape agreement to assure the proper care, cultivation and irrigation of 180 tree well areas. The BID will continue to provide oversight of overall landscaping in the village working closely with the City. The BID will also pay for the upkeep and repair of the irrigation backflow valves that water the street trees. 2.6 Streetscape & Street Furniture Maintenance The BID will continue to maintain and refurbish existing street furniture including trash receptacles, benches, bike racks and bus stops to ensure quality aesthetics. VISION 2020 — MARKETING & MEMBER BENEFITS 2.7 Website & Communications The BID has been working with an antiquated website platform for many years and has begun efforts in FY 2015-16 to rebuild its website. During FY 2016-17, the BID will continue creating a state of the art website to enhance the online branding of the District, increase exposure to the BID projects and accomplishments, and improve electronic member communications. The BID shall coordinate changes to content, transfer of maintenance and hosting and related tasks with developers for a successful and useful web presents. 2.8 Marketing & Media Campaigns The BID will continue to develop and manage a variety of marketing & media programs through the CdM Chamber of Commerce to assist the retailers in the Business District. One highlight focus shall include a "Shop Local" Ad Campaign, Holiday Ad campaign and development of various print media and online marketing for Corona del Mar's Business District. The BID will maintain the existing Social Media Platform and develop methods to improve electronic communications with its members. The Social Media tools allow further promotions of shopping local campaigns and utilizing local merchants within the District. The BID will maintain the existing BID marketing programs and develop new strategic campaigns to promote economic growth within the District as it does each year. The BID will continue media relations with local press and community associations and maintain or develop new BID marketing collateral. 2.9 Corona del Mar BID Member Directory, Window Decals & Informational Brochures. The BID shall continue to co -produce and co -publish the annual business membership promotional publication called the Corona del Mar Business Directory (Directory). The Directory shall list and market the Corona del Mar BID Members in a colorful print publication campaign for shopping local and mailed to 10,000-12,000 households in Corona del Mar and surrounding areas. The BID will also update its annual Vision 2020 brochures listing the BID's recent accomplishments and future goals. This brochure will be distributed with the annual member assessment mailings in July and throughout the year. N wo 2.10 Christmas Walk The BID will contribute funds to the CdM Chamber to sponsor the annual Christmas Walk, which successfully stimulates the economic climate of the District and provides a promotional platform for all businesses within the District boundaries and beyond. 2.11 Pacific Coast Hwy Dolphin Topiary Program The BID will continue to fund & coordinate the festive seasonal decorations of the Dolphin Topiaries at the intersection of Marguerite and Coast Highway. The BID continues to receive countless online communications from the local community on the value of this traditional program. 2.12 Street Light Banner Program The BID will continue to fund and coordinate the rotating Light Pole Banner Program to highlight the annual CDM Signature Community events (Annual Town Meeting, Scenic 5K, Christmas Walk) as well as the Happy Holidays Banners. The BID will continue to work with vendor and City on permits, schedules and installation/breakdown. The Light Pole Banner Program continues to offer the Business District a sense of community spirit and promotion. 2.13 Business District Holiday Decor Program The BID will continue to fund and coordinate installation and maintenance of the annual Holiday Decorations within the Business District. The BID will work with the contract vendor and the City on annual permits, lighting maintenance, & installation/breakdown as in past years. 2.14 Marketing Consulting & Reporting The BID shall continue the marketing consulting contract with the CDM Chamber of Commerce to formulate, coordinate and administer the marketing efforts of the BID and report to the Board routinely on the results of the marketing activities. VISION 2020 — OUTREACH 2.15 Annual Town Meeting The BID will continue to hold and produce the Annual Town Meeting for Corona del Mar and coordinate a "State of the Business District Address" to its members and residents alike. The meeting serves as an outreach platform and community gathering for the District. The Annual Meeting is required by the BID bylaws. 2.16 Business Beautification Award Program The BID will continue to pay for and manage the successful bi-monthly Business Beautification Award Program by identifying business locations within the District who have renovated, remodeled or enhanced the aesthetics of their storefronts contributing to the overall Vision 2020 Plan. Recipients of the award receive media attention and an award at a community event. 2.17 Outreach Materials & Mailings The BID shall continue to communicate with the community through exhibiting at various monthly and annual events. Programs, collateral and BID announcement will be available, displayed and communicated through the CDM Chamber of Commerce, Residents Association and at other community events. The BID will continue to mail members who have paid their membership assessments a membership decal signifying they are in good standing with the BID. 9 4-7 VISION 2020 — ADMINISTRATION 2.18 Administrative Consulting & Reporting The BID shall continue the administrative consulting contract with the CDM Chamber of Commerce to formulate, coordinate and administer the BID and report to the Board routinely on the results of the administrative duties. Activities include preparing & Coordinating Agendas, memos, communications and/or reports (preparation of annual reports & budget). Other duties include serving as liaison with City Staff and a post -meeting action item list provided to representative to the City Manager's Office. The BID Board shall continue to assume some administrative responsibility to include taking Meeting Minutes. 2.19 Administrative Expenses The BID shall continue to operate & conduct general business through the Com Chamber of Commerce as a designated consultant who shall provide for a physical mailing address, telephone answering service, office equipment, meeting space and storage of BID collateral. 2.20 Accounting Services The City shall provide part-time staff support, solely responsible for handling the bookkeeping services for the BID. The employee would coordinate the assessment billing and collection efforts, accounts receivable and payable, prepare the monthly financial reports, and assist with posting meeting agendas and minutes. 3. Estimated Cost of Improvements & Activities for FY 2016-17 Improvements $ 48,800 Landscaping (Maintenance & Other) $ 20,480 Streetscape) (Maintenance & Other) $ 6,000 Marketing & Administration $ 73,700 Website (New) $ 10,100 Holiday Decor & Lite Pole Banner Program $ 29,178 Outreach $ 1,342 Administrative Expenses $ 1,400 TOTAL $ 191,000 2020 Vision Plan Revisions The Board continues to reevaluate and revise the 2020 Vision Plan. Subcommittee meetings & workshops to develop new objectives will continue to be held. Efforts will continue to inform business and residential communities of the findings of the board 4. Method and Basis of Levying the Assessment Shall Continue as Follows: The benefit assessments will be collected by the City in one installment. The benefit assessment shall be equal to one hundred fifty percent (150%) of the City's annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code. The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.04 of the Municipal Code, providing that the penalty amount added shall in no event exceed fifty percent (50%) of the assessment amount due. Individuals with more than one business entity within the assessment boundaries shall only be required to pay the District assessment for the largest business, shall be exempt from assessments on 4 OR additional businesses within the District, and shall continue to pay required business license fees in accordance with Chapter 5.08 of the Municipal Code. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500/year. Insurance agencies that are exempt from City business license regulations shall be assessed $250/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 assessment: 1. Hair stylists; 2. Nail technicians; 3.Real estate agents. Assessments shall be collected in one annual installment at the beginning of the fiscal year, and be pro -rated for new businesses that open during the fiscal year. The BID is considering recommending a more aggressive collection effort on delinquent member assessments. 5. Surplus Carryover from Fiscal Year 2015-2016 It is estimated that approximately $64,000 will be carried over from FY2015/16 to FY2016-17. 6. Sources of Contributions from other than levy In addition to the annual BID assessments to members, the BID assumes there will be the following additional funds or services contributed from the City of Newport Beach to BID programs and projects for the FY 2016-2017: a. City "Matching Funds" or Standard Annual Contribution: $ 20,000 b. City support for the newspaper rack program $ 25,000 Prior Year Accomplishments The FY 2015-2016 was a successful year for the District. The City contributed $20,000 as the third installment of a five-year commitment to support the BID. The BID successfully began work or completed projects & programs, maintained existing programs and developed new projects within the CdM Village as follows: Improvement Protects Gateway Electrical Components $ 20,000 Marguerite Project $ 2,200 Streetscape Maintenance $ 580 Landscaping Tree Well Landscaping & Maintenance & Back Flow $ 20,000 Holiday Decor & Lite -pole Banner Program Dekralite Contract $ 24,800 Marketina & Administration Ad Campaigns, Brochures, Website Maintenance & Hosting, Business Directory, Dolphin Topiary Program, Beautification Program, Xmas Walk Sponsorship, Membership Decals, Annual Mtg, Mailings, Storage & Physical Address, Board Administration, Agendas, Reports, Communications. $ 42,000 TOTAL $109,580 9 Corona del Mar Business Improvement District Proposed Operating Budget / Fiscal Year July 1, 2016 thru June 30, 2017 Source of Funds Budget Member Assessment (net) 107,000.00 City Matching Funds 20,000.00 Carry over contribution from FY 2015-16 64,000.00 Total Sources of Funds 191,000.00 Use of Funds Administration Mailings 1,400.00 Total Administrative 1,400.00 Improvements Marguerite Project 22,000.00 Gateway Electrical Maintenance 1,000.00 Parking 3,000.00 Consulting / Studies 2,800.00 News Racks 20,000.00 Total Improvements 48,800.00 Landscaping Backflow Valve 2,000.00 Landscape/Tree Wells - (Pinnacle Contract) 12,480.00 Landscaping Contingency 6,000.00 [Total Landscaping 20,480.00 Streetscape Street Furniture (Maintenance) 1,000.00 Street Furniture (Benches) 5,000.00 Total Streetscape 6,000.00 Marketing & Administration Marketing Campaigns & Programs 15,000.00 Collateral/Brochures 1,600.00 Directory 7,500.00 Christmas Walk 4,000.00 Dolphins 1,000.00 Beautification Award Program 1,000.00 Office facilities/Storage/Phones 3,500.00 Social Media/Communications 1,200.00 Annual Meeting 1,000.00 Membership decals 1,200.00 Website - Hosting & Tech Support 1,500.00 Website - Maintenance 7,200.00 Consulting (Reporting) 23,000.00 Contingency 5,000.00 Total Marketing 73,700.00 Website - Development Website - Development & Project Management 9,100.00 Contingency 1,000.00 Total Marketing 10,100.00 Highway Decor - Dekralite Banner Program (Litepole) 5,178.00 Holiday Decor (Contract) 21,000.00 Contingency 3,000.00 Total Marketing 29,178.00 Outreach Contributions (Sherman Gardens) 500.00 Community Workshops 842.00 Total Outreach 1,342.00 Bad Debt Expense Total Uses of Funds 191,000.00 4-10 ATTACHMENT B Business Improvement February 23, 2016 Newport Beach City Council 100 Civic Center Drive Newport Beach, CA 92660 Dear City Council, RE: FY 2016/17 General Fund Request of $25,000 for Newspaper Rack Proiect Thank you on behalf of the Board of Directors of the Corona del Mar Business Improvement District for your continued support and assistance with CIP project funding within the City's District 6 business community. Working together, the "Vision" for Corona del Mar is moving forward and taking shape thanks to our council and our dedicated volunteers. CdM BID - Proiect funding for FY 2016-17 In addition to the CdM BID's annual programs and maintenance which are funded by the BID, we would like the council to consider contributing funds in the amount of $25,000 for completion of the Newspaper Rack Project. This project began in FY 2015-16 and has invested city staff assistance to get to this point. It is the wish of the BID Board to complete the project. Thank you for your consideration. Sincerely, ��vv .r�.eti�zrn cJ�rr�i� Chairman, Corona del Mar Business Improvement District 2855 E. Coast Hwy, Suite 100 • Corona del Mar, CA 92625 • PH (949) 673-4050 • Fax (949) 673-3940• Marketing@ComVillage.com 4-11 BID City funding Funding Newspaper Rack Project Replacement of old & damaged News Racks $20,000 $25,000 with Decorative Pedestal Replacements Thank you for your consideration. Sincerely, ��vv .r�.eti�zrn cJ�rr�i� Chairman, Corona del Mar Business Improvement District 2855 E. Coast Hwy, Suite 100 • Corona del Mar, CA 92625 • PH (949) 673-4050 • Fax (949) 673-3940• Marketing@ComVillage.com 4-11 ATTACHMENT C Minutes of Business Improvement District Parking Sub -committee Meeting to address city staffs questions regarding the possible installation metered pay parking within the commercial zone Date: April 5, 2016 Time: 2:00 PM Location: Newport Beach Civic Center, Crystal Cove Conference Room, Bay 2D Attendees: Bernie Svolstad, BID Jinn Walker, BID Scott Laidlaw, BIC? Ed Selich, City Council Scott Peotter, City Council Dan Matusiewicz, Finance Director/Treasurer, City of Newport Beach Benjamin Zdeba, Associate Planner, City of Newport Beach Herman Simmons, Senior Manager 1, SP+ Municipal Services Bernie Svalstad brought the meeting to order. Jim Walker began the meeting with a review of previously recommended proposals to improve the overall health of the BID by addressing the overcall parking situation in CDM below: (I)7o create/free up more parking: a. Modify the CUP process to incentivize existing property owners and newly developed properties with unused night or daytime parking to share their parking at off peak hours (facilitate shared parking agreements) b. Expand existing parking lots like the public parking at Marguerite/Bayside Bandara) tot and old School Park Lot with second level, incorporate public amenities like green space/landscaping into the design creating an amenity for the neighborhood c. Propose the creation of a parking revenue district for the CDM Village d. Propose installation of parking meters at public parking lots (enlarged Bandon, School park, Oasis at night) to help offset cost e. Propose installation of parking meters within the commercial zone to generate revenue to offset cost of parking structures and encourage better tumoverlincreose efficiency f. Consider collecting development fees for new projects to fund new parking facilities (2)7o reduce the parking requirement: a. Incorporate the existing on street parking inventory within the commercial zone to offset and reduce the current onsite requirement by between 25%-50% b. Propose use of Oasis parking lot and City Hall parking lot for off-peak employee parking to reduce the need for employee ,parking in the current parking requirement (currently about 20-25% of the required parking is taken up by employees) c. Provide parking requirement credit (reduction) to restaurants who create loin in a shared valet parking pool d. Allow for the payment of in lieu parking fees to help offset the cost of expansion of existing parking facilities (Bandara Lot and old School Park Lot, etc) Dan Matusiewicz outlined the ways in which a pay system could be set up, options for changing rates, the city's ideas about % of funds that would be based through to the BID and went 4-12 through the various methods that the city has used in the past to direct parking revenue funds back into the commercial district from which they are generated. It was also discussed that the proposed revenues would not likely be enough to build new parking facilities. Scott Peotter and Ed Selich said that they would however be in favor of 100% of any net parking revenues be directed back into CDM. How to free up and better utilize existing underutilized private parking was discussed. Ben Zdeba addressed some of the mechanics of developing shared parking agreements which currently would require the processing of a CUP which is a significant deterrent. He said that the zoning code could be revised to allow the planning director to review and permit shared parking agreements. Ben also pointed out some of the recommendations from the last parking study specifically associated with way finding, alternate transportation, etc. that could still be implemented. How to both reach out to the residents and address their major concerns with either metering and/reduction in the parking requirements was discussed. It was agreed that the biggest issue for residents was employees parking in the first few residential blocks and the noise associated with their late departure. The following are general recommendations from the discussion: 1. Move forward with continued outreach to the businesses and residents 2. Support the concept of pay parking in the commercial district if all net funds come back to CDM to improve/increase available parking 3. Recommend a change in zoning review procedures to allow the planning director to approve shared parking agreements 4. Use the parking revenues to "rent' existing private parking that currently is not used at night, or other times that can be shared 5. Use the rented parking first to provide designated employee parking areas 6. Taking into account existing street parking that a patron will now pay for and an increase in available parking through shared parking agreements recommend reducing the city zoning parking requirements. 4-13 ATTACHMENT D RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO RENEW THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2016 TO JUNE 30, 2017, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING WHEREAS, the Corona del Mar Business Improvement District ("CdM BID") was established in 1997 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Sections 36500 et seq., ("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 CdM BID Board of Directors, has prepared an Annual Report for the 2015-2016 fiscal year which is on file in the Office of the City Clerk; and WHEREAS, on May 24, 2016, the CdM BID Annual Report was filed and approved 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 CdM BID for fiscal year July 1, 2016 to June 30, 2017 pursuant to the 1989 Law. Section 2: The City Council hereby declares its intention to levy assessments for the CdM BID for the fiscal year July 1, 2016 to June 30, 2017 pursuant to the 1989 Law. Such benefit assessment shall be as follows: A. Banks and financial institutions that are exempt from City business license regulations shall be assessed Five Hundred Dollars ($500) per year. B. Insurance agencies that are exempt from City business license regulations shall be assessed Two Hundred Fifty Dollars ($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. Resolution No. 2015 — Corona del Mar Business Improvement District 4-14 Resolution No. 2016 - Page 2 of 3 D. The assessment for all other businesses within the CdM BID shall be one hundred fifty percent (150%) of the annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code. Section 3: The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.04 of the Newport Beach Municipal Code, providing that the penalty to be added shall in no event exceed fifty percent (50%) 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 the CdM 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. Public area improvements and maintenance programs 3. Promotion of public events that are to take place on or in any public places in the area 4. General promotion of retail trade activities 5. Administration. The implementation of these actions is described in the CdM BID Fiscal Year 2015- 2016 Annual Report, which is on file with the Office of the City Clerk located at 100 Civic Center Drive, Bay 2E, Newport Beach, CA 92660. Section 6: The location of the CdM BID 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, and incorporated herein by reference. Section 7: The time and place for a public hearing on the CdM BID Renewal is set for 7:00 p.m. or as soon thereafter as the matter may be heard on June 14, 2016, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 8: During the public hearing, the City Council shall hear and consider all protests against the establishment area, or the furnishing of specified types of improvements or activities within the area. 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 CdM BID which pay fifty percent (50%) or more of the total assessments to be levied, no 2 4-15 Resolution No. 2016 - Page 3 of 3 further proceedings to renew the CdM 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 CdM BID, those types of improvements or activities or benefit zones shall be eliminated. Section 9: Further information regarding the proposed CdM BID renewal may be obtained at the City Manager's Office, 100 Civic Center Drive, Bay 2E, Newport Beach, CA 92660; 949-644-3031. Section 10: The City Clerk is directed to provide notice of the public hearing in accordance with Streets and Highways Code Sections 36523 and 36541. Section 11: The City Council finds the adoption of this resolution of intention 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. Section 12: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 13: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24th day of May, 2016. ATTEST: Leilani I. Brown, City Clerk Attachment: Exhibit A (Boundary Map) Diane B. Dixon, Mayor 3 4-16 N W 4ha E -V F-7- S 0 500 1,000 et Name: BID CID Exhibit A Corona del Mar Business Improvement District ME ii