HomeMy WebLinkAbout22 - Marine Avenue Business Improvement DistrictREPORT TO THE MAYOR AND CITY COUNCIL
11,
22
George A. Berger, AICP
(949) 644 -3207
SUBJECT: Marine Avenue Business Improvement District Annual Renewal
Public Hearing and levying of Assessments for 2002 Fiscal Year.
SUMMARY: Conduct public hearing for renewal of the Marine Avenue
Business Improvement District for the 2002 Fiscal Year and
adopt Resolution of Confirmation.
ACTION: 1. Hold public hearing regarding the renewal of the Marine
Avenue Business Improvement District; and
a. If protests represent less than 50 percent of the total
assessment amount, adopt the Resolution of Confirmation to
renew the BID for the 2002 Fiscal Year.
•;
b. If protests represent 50 percent or more of the total
assessment, abandon the proceedings to renew the BID.
Background
On November 13, 2001, the City Council held a public meeting, approved the Marine Avenue
Business Improvement District 2001 Annual Report and adopted a Resolution of Intention to levy and
collect assessments for the BID for the 2002 fiscal year. Details regarding the proposed renewal of the
District and annual repost are provided in the attached November 13, 2001 City Council staff report.
Discussion
A protest hearing must be held each year prior to the 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 amount, the City Council may renew the District.
CITY OF NEWPORT BEACH
Hearing Date:
a¢wPOq,
04 °�
COMMUNITY AND ECONOMIC
Agenda Item No.:
U _
DEVELOPMENT
�LICA0.N,'
PLANNING DEPARTMENT
Staff Person:
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
REPORT TO THE MAYOR AND CITY COUNCIL
11,
22
George A. Berger, AICP
(949) 644 -3207
SUBJECT: Marine Avenue Business Improvement District Annual Renewal
Public Hearing and levying of Assessments for 2002 Fiscal Year.
SUMMARY: Conduct public hearing for renewal of the Marine Avenue
Business Improvement District for the 2002 Fiscal Year and
adopt Resolution of Confirmation.
ACTION: 1. Hold public hearing regarding the renewal of the Marine
Avenue Business Improvement District; and
a. If protests represent less than 50 percent of the total
assessment amount, adopt the Resolution of Confirmation to
renew the BID for the 2002 Fiscal Year.
•;
b. If protests represent 50 percent or more of the total
assessment, abandon the proceedings to renew the BID.
Background
On November 13, 2001, the City Council held a public meeting, approved the Marine Avenue
Business Improvement District 2001 Annual Report and adopted a Resolution of Intention to levy and
collect assessments for the BID for the 2002 fiscal year. Details regarding the proposed renewal of the
District and annual repost are provided in the attached November 13, 2001 City Council staff report.
Discussion
A protest hearing must be held each year prior to the 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 amount, 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, if
necessary, at the City Council meeting.
Public notice of the protest hearing and a Resolution of Intention for the renewal of the Marine
Avenue Business Improvement District has been published in the Daily Pilot in compliance with state
law.
The Marine Avenue Business Improvement District appreciates the City Council's continued support.
Submitted by: Prepared by:
SHARON Z. WOOD GEORGE A. BERGER, AICP
Assistant City Manager Senior Planner
With assistance from:
CLINTON SCOTT PALMER
Cathimarie's Inc., BID Administration
Attachments: ResolutionNo. 2001 - Confirming Renewal and Levy of Assessments
City Council Staff Report of November 13, 2001
2
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE
FISCAL YEAR OF JANUARY 1, 2002 TO DECEMBER 31, 2002 FOR THE
MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT.
WHEREAS, the Advisory Board has prepared an Annual Report for the 2001 fiscal year
which is on file in the office of the City Clerk; and
WHEREAS, on November 13, 2001 the City Council adopted and published a Resolution
of Intention declaring the intention to levy assessments for the Marine Avenue Business
Improvement District for the fiscal year January 1, 2002 to December 31, 2002; and
WHEREAS, a public hearing regarding the renewal of the Marine Avenue Business
Improvement District was held on December 11, 2001 without a protest of majority.
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 November 13,
2001 for the Marine Avenue Business Improvement District for the fiscal year January 1,
2002 to December 31, 2002.
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 2001.
MAYOR
WomgVI
CITY CLERK
Resolution No. 2001 -
Corona del Mar Business Improvement District
2
�E.vcogr CITY OF NEWPORT BEACH Hearing Date: November 13, 2000
a` COMMUNITY AND ECONOMIC Agenda Item No.: 5
); DEVELOPMENT
^^ PLANNING DEPARTMENT Staff Person: George A. Berger, AICP
3300 NEWPORT BOULEVARD (949) 644 -3207
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644.3229
REPORT TO THE MAYOR AND CITY COUNCIL a-a-
SUBJECT: Marine Avenue Business Improvement District Renewal, Annual
Report for 2001 Fiscal Year, and Adoption of Resolution of
Intention to Levy for 2002 Fiscal Year.
SUMMARY; The Marine Avenue Business Improvement District was established
January 1, 1996. This report summarizes the District's
accomplishments during 2001, its sixth year of operation, and the
proposed activities and budget for the 2002 fiscal year. The Marine
Avenue Business Improvement District .Board of Directors, which
serves as the District Advisory Board, requests City Council approval
of the 2001 Annual Report and scheduling of the public hearing for
December 11, 2001.
ACTION: 1. Approve Marine Avenue Business Improvement District 2001
Annual Report; and
2. Adopt the Resolution of Intention to Levy for 2002 Fiscal
Year and set the public hearing for December 11, 2001.
Overview
The Marine Avenue Business Improvement District is nearing the end of its sixth year of operation
and requests renewal of the District for the fiscal year January 1 to December 31, 2002. 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 2001 and
proposed activities for 2002 are provided below. The District's 2002 activities are proposed to remain
the same as in 2001.
Sixth Year District Accomplishments
The Marine Avenue Business Improvement District sponsored the following promotions and activities
during the past year:
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. Participation in the Newport Beach Conference and Visitors Bureau.
3. Christmas decorations and lighting to enhance holiday shopping along Marine Avenue.
4. Participation with the Anaheim/Orange County Visitors and Conference Bureau to more
widely encourage countywide tourists to visit Balboa Island.
5. Ongoing steam cleaning of sidewalks within the District.
Fiscal Year District Revenues
During 2001 the district collected approximately $13,200 and received $9,731 in matching funds from
the City. The BID has spent approximately $18,100 for approved activities, and anticipates a
remaining balance of approximately $1,000 will be carried over into the 2002 fiscal year budget.
Proposed Activities and Budget
The BID Advisory Board has submitted the Priorities and Budget Outline for the 2002 Fiscal Year —
including specific goals within each of the categories —as part of the Annual Report (see attached
Exhibit B). Activities proposed for 2002 include marketing, advertising, public relations, and public
improvements and maintenance benefiting Balboa Island businesses. The estimated budget for these
activities is approximately $23,500.
Assessment Collection
The current and proposed benefit assessment is equal to 100% 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. In most cases the business license fee is comprised of $120 plus an additional
amount for each employee. Banks and financial institutions 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
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
A
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 will be collected in one installment at the beginning of the fiscal year, and will be pro-
rated for new businesses that open during the year.
The Marine Avenue Business Improvement District appreciates the City Council's continued support.
Submitted by:
SHARONZ.WOOD
Assistant City Manager
Prepared by:
GEORGE A. BERGER, AICP
Senior Planner
Ao
Wi assistance from:
CLINTON SCOTT PALMER
Cathimarie's Inc., BID Administration
Attachments: Exhibit — BID Boundary Map
Exhibit B-2001 Annual Report and 2002 Priorities & Budget Outline
Exhibit C — Resolutionof Intentionto Levy 2001 -_
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EXHIBIT B
MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT
2001 ANNUAL REPORT
This is the annual report for the sixth 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, 2001
to December 31, 2001) and the proposed activities and budget for Fiscal Year 2002.
The boundaries of the benefit zone will remain the same as 2001 as set forth with greater
specificity in the map attached as Exhibit A.
The improvements and activities to be provided for the coming fiscal year include:
1. Marketing, advertising and public relations.
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 cost of providing the proposed improvements and the activities described
in this report are approximately $23,500. The implementation of these actions is more
fully described in the attached Priorities and Budget Outline.
Benefit assessments will be collected in one annual installment, and shall be equal to one
hundred percent (100 %) of the City's annual business license fee as established pursuant
to Chapter 5.08 of the Municipal Code if the business is located in a downstairs space; if
upstairs, a flat $25.00 will be assessed. The penalty for delinquent payments shall be
equal to that established for delinquent business license fees pursuant to Chapter 5.08,
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 only be required to pay the District assessment for the largest
b
business, shall be exempt from assessments on 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 per year. Insurance agencies that are
exempt from City business license regulations shall be assessed $250 per year.
Assessments shall be collected at the beginning of the fiscal year, and shall be pro -rated
for new businesses that open during the fiscal year.
The amount of surplus carried over from the 2001 fiscal year is approximately $2,100 at
the end of the first ten months of the fiscal year. It is anticipated the balance will be
approximately $1,000 at the fiscal year end, December 31, 2001.
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 2001 budget.
Among the Marine Avenue Business Improvement District accomplishments during 2001
were /are the following:
I. 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 visitors 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. Participation with the Newport Beach Conference and Visitors Bureau;
5. Ongoing cleaning of the sidewalks in the subject area.
The merchants of Marine Avenue appreciate the efforts of the City Council and your
continued support of Balboa Island.
T
Marine Avenue
Business Improvement District
Priorities and Budget Outline
January 1, 2002 - December 31, 2002
Funds Available FY 2001 End $ 1,000
Funds to be Collected January 2001 $ 13,000
Anticipated Matching Funds from City $ 9,500
Total Available Funds $ 23,500
Priorities Percent of Budget Amount
1. Sidewalk Cleaning 49% $11,500
2. Marketing 43% $10,200
• Reprint Balboa Island Brochure
• Distribute to local Hotels and Visitor Information Racks
3. Memberships 5% $ 1;200
• Newport Beach Visitor and Convention Bureau
• Anaheim Convention and Visitor's Bureau
5. Administration 3% $ 600
• Meeting Announcements
• Minutes, Agendas and Mailings to Members
I
EXHIBIT C
RESOLUTION NO. 01-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO RENEW THE MARINE
AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR
OF JANUARY 1, 2002 TO DECEMBER 31, 2002, AND FIX THE TIME AND
PLACE OF A PUBLIC HEARING.
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, the Advisory Board has prepared an Annual Report for Fiscal and Calendar
Year 2001 which is on file in the Office of the City Clerk; 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;
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The Annual Report of Fiscal Year 2001 BID activities filed by the
Advisory Board is hereby approved. The Annual Report contains a description of
improvements and activities to be provided for 2002, the area boundaries, and the annual
assessment within the District.
Section 2: The City Council hereby declares its intention to renew the Business
Improvement District for the fiscal year January 1, 2002 to December 31, 2002 pursuant
to the Act.
Resolution No. 01-
Marine Avenue Business Improvement District
Section 3: The location of the District will remain the same: generally the 200
and 300 blocks of Marine Avenue as set forth with greater specificity in the map attached
as Exhibit A and incorporated herein.
Section 4: The City Council hereby declares its intention to levy and impose and
order 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 all other businesses within the District shall be 100
percent (100 %) of the annual business license fee as established pursuant to Chapter 5.08
of the Municipal Code of the City of Newport Beach, California.
Section 5: 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.
Section 6: 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 assessment for the largest business, and shall be exempt from
assessments on additional businesses within the District.
Resolution No. 01 -_
Marine Avenue Business Improvement 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 that are to take place on or in any public
places in the subject area;
4. Decoration of any public place in the subject 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 11, 2001 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 establishment 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 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 (714) 644 -3225.
Resolution No. 01-
Marine Avenue Business Improvement District
I
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 2001.
MAYOR
ATTEST:
CITY CLERK
ATTACHMENT: Exhibit A - Boundary Map
Resolution No. 01 -_
Marine Avenue Business Improvement District