HomeMy WebLinkAbout08 - Newport Beach Restaurant Association BID RenewalCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
June 8, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Leigh DeSantis; Economic Development Administrator
949 - 644 -3207, Idesantis(aDnewportbeachca gov
SUBJECT: Newport Beach Restaurant Association Business Improvement District
Renewal: 2010 -2011 Annual Report and Adoption of Resolution of
Intention to Levy for Fiscal Year 2010 -2011.
ISSUE:
Should the City Council renew the Newport Beach Restaurant Association Business
Improvement District for its 15th year of operation, for the BID's fiscal year of July 1st, 2010
to June 30th, 2011?
RECOMMENDATION:
1. Approve the Newport Beach Restaurant Association Business Improvement District
Fiscal Year 2010 -2011 Annual Report; and
2. Adopt the Resolution of Intention to Levy Assessments and set the Public Hearing for
June 22, 2010.
DISCUSSION:
Background
The Newport Beach Restaurant Association Business Improvement District (BID) was
established November 13, 1995. The District boundaries are coterminous with the
Newport Beach corporate limits as set forth with greater specificity in the map attached as
Exhibit A.
The BID is nearing the end of its fourteenth year of operation and requests renewal of the
BID for fiscal year 2010 -2011. California law requires that an Annual Report be prepared
and submitted to the City Council and that the City Council hold a Public Hearing each
year prior to renewal of a Business Improvement District. The BID's Board of Directors,
NBRA BID 2010 -2011 Annual Report &
Resolution of Intent to Levy
June 8, 2010
Page 2
which serves as the District Advisory Board, requests City Council approval of the Annual
Report and scheduling of the public hearing for June 22, 2010
The Newport Beach Restaurant Association BID is nearing the end of its 2009 -2010 year
of operation and requests renewal of the BID for the fiscal year July 1, 2010 to June 30,
2011. A summary of accomplishments during fiscal year 2009 -2010 as well as the proposed
activities and budget for the new fiscal period are provided below.
• Organized, prepared, and implemented two separate Restaurant Week events (one
in October 2009 and one in January 2010)
• Creation and distribution of the NBRA Dining Guide
• Updated website and on -line reservation system, with launch scheduled for July
2010
Maintained toll -free dining reservation system for all NBRA restaurants
• Sponsored industry- specific seminars (Serve Safe and ABC) and educational
campaigns (DUI awareness & EPS ban) with the NBRA membership
• Mid -year increase of levy per City Council direction
Fiscal Year District Revenues
During fiscal year 2009 -2010, the BID received approximately $96,000 in member
assessments. The City provided $85,000 in matching funds. The BID received an additional
$100,000 in special events funds from the City for two Restaurant Weeks. The BID was able
to raise an additional $53,700 in cash sponsorships for Restaurant Week and other events.
Total cash revenue for 2009 -2010 was approximately $334,000.
The BID spent approximately $307,000 for approved activities, of which $186,000 was spent
on two Restaurant Week events. The BID's current account balance is approximately
$60,300 with outstanding liabilities of approximately $25,000. It is anticipated that a year end
balance of approximately $35,000 will be carried over into the FY 2010 - 2011 budget. An
additional $50,000 of City budgeted funds from the current fiscal year has been rebudgeted in
2010 -11 to fund next year's January 2011 Restaurant Week.
Proposed Activities and Budget
The FY2010 -2011 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:
• Creation of new informational brochures
• Printing of informational brochures, stationary and membership decals
• Redesign and distribution of the Newport Beach Dining Guide.
• Maintenance of the centralized toll -fee phone reservation system
• Production and design of new ad campaign
NBRA BID 2010 -2011 Annual Report &
Resolution of Intent to Levy
June 8, 2010
Page 3
• Implementation of local and national advertising campaigns
• Maintenance of newportbeachdining.com website
• Utilization of social media marketing and internet campaigns
• Development of online public relations campaigns
• Participation in cooperative marketing campaigns including restaurant kiosks and a
bus wrap advertising campaign
• Organization of the NBRA Annual Meeting
• Participation with various community events
• Participation with Anaheim Orange County Visitors' and Convention Bureau,
California Restaurant Association, Newport Beach Chamber of Commerce, and
Visit Newport Beach, Inc.
The estimated cost of providing the proposed improvements and activities to be
undertaken by the BID in the FY 10 -11 period is approximately $173,525. The
implementation of these actions is more fully described in the attached Newport Beach
Restaurant Association BID Priorities and Budget Outline for the Fiscal Year 2010 -2011.
The Advisory Board of the Newport Beach Restaurant Association Business Improvement
District expects to raise $24,750 in sponsorships in addition to the assessments levied for
the upcoming year. It is anticipated that matching funds will be approved by the City
Council for the Fiscal Year 2010 -2011 in an approximate amount of $35,000. 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.
FUNDING AVAILABILITY:
Business Improvement District matching funds are included in the City Manager's
recommended budget for 2010 -11 in Account No. 2720 -8250.
Prepared by:
LEIGH DESANTIS
Economic Development Administrator
With Assistance from:
CLINTON SCOTT PALMER
B.I.D. Systems, Inc., BID Administration
Submitted by:
IV %)
NBRA BID 2010 -2011 Annual Report &
Resolution of Intent to Levy
June 8, 2010
Page 4
Attachments: Attachment A —FY 10 -11 Annual Report and FY 10 -11 Priorities & Budget
Attachment B — Resolution of Intention to Levy 2010 -
Exhibit A — BID Boundary Map
Attachment "A"
NEWPORT BEACH RESTAURANT ASSOCIATION
BUSINESS IMPROVEMENT DISTRICT
FISCAL YEAR 2010 -2011 ANNUAL REPORT
This is the annual report for the fourteenth year of the Newport Beach Restaurant
Association Business Improvement District. As required by Section 36533 of the
California Streets and Highways Code, the annual report shall contain the following
information:
1) Proposed Changes to the District Boundary
There are no changes proposed to the District boundaries.
2) Improvement and Activities for the Fiscal Year of July 2010 to June 2011
The NBRA BID will provide the following programs:
Collateral Development: Creation, Production & Printing
The BID will create and print a New Establishment informational brochure, and
reprint NBRA stationary and NBRA membership decals.
Newport Beach Dining Guide
The BID will update, redesign, and print the Newport Beach Dining Guide.
Dining Guide Distribution Plan
The BID will distribute the Dining Guide through different vendors to reach the
tourist market in regional hotels, airports, large corporation break rooms, and
other locations to assure maximum exposure.
Phone Reservation S stein
The BID will provide a centralized toll -free phone reservation system for online
dining reservations, information, or dining guide requests.
Ad Campaign Creative Production and Design
The BID will create new brand photography and new advertising campaign copy.
Print & Online Media Advertising Campaigns
The BID will implement national campaigns through the Visit Newport Beach and
the Anaheim Orange County Visitors' and Convention Bureau. Local advertising
campaigns are planned with the LA Times, the Newport Beach Chamber of
Commerce, the Corona del Mar Chamber of Commerce, and other BID media
partners.
NBRA Website Development
The BID will maintain their website, www.newportbeachdining com, listing all
Newport Beach dining establishments and other information of interest to diners,
such as the Newport Beach Restaurant Week. The Advisory Board has identified
several improvements, including improved database management and search
abilities, restaurant menus display, improved online reservation capability,
integrated driving directions, exported Dining Guide data capabilities, and banner
ad management.
Social Media Marketing & Internet Campaigns
The BID will expand utilization of existing Facebook and Twitter accounts and
expand newsletter distribution through the intemet/email.
Public & Media Relations Campaigns
The BID will provide online public relations services.
Cooperative Marketing Campaigns
The BID will participate in cooperative marketing campaigns including
restaurant kiosks targeting the Anaheim drive market and a bus wrap advertising
campaign.
NBRA Annual Meeting
The BID will hold its Annual Meeting at a local restaurant, where it will
recognize sponsors and provide a review of financial standing of the BID, elect
members to the Advisory Board, review program achievements, and ask for
feedback from the general membership.
Community Event Participation
The BID will participate and contribute to the following events: Newport Beach
Relay for Life, Police Appreciation Breakfast, Newport Beach Mayor Dinner and
other special events.
NBRA BID Professional Memberships
The BID will maintain memberships with the following entities: Anaheim
Orange County Visitors' and Convention Bureau, California Restaurant
Association, Newport Beach Chamber of Commerce, and Visit Newport Beach,
Inc.
2
^r
Marketing & Association Management Fee
The BID will provide BID management, marketing and public relations services.
Administration Fee
The BID will sponsor database management, miscellaneous operational
reimbursements and administration fees, annual phone bill, and postage.
3) The costs of these activities are projected as follows:
Collateral Development: Creative, Production & Printing
$
2,500
Newport Beach Dining Guide
$
40,500
Dining Guide Distribution Plan
$
11,950
Phone Reservation System
$
5,000
Ad Campaign Creative Production and Design
$
3,500
Print & Online Media Advertising Campaigns
$
19,575
NBRA Website Development
$
3,600
Social Media Marketing & Internet Campaigns
$
12,500
Public & Media Relations Campaigns
$
3,500
Cooperative Marketing Campaigns
$
15,000
NBRA Annual Meeting
$
5,750
Community Event Participation
$
3,900
NBRA BID Professional Memberships
$
2,250
Marketing & Association Management Fee:
$
36,000
Administration Fee
$
8,000
TOTAL
$173,525
4) The method and basis of levying the assessment shall be as follows:
The benefit assessments will be collected by the City in one installment.
Assessments shall be collected at the beginning of the fiscal year, and shall be
pro -rated for new businesses that open during the year. For establishments with
less than eleven (11) employees, the assessment shall be a flat $95.00. For
establishments with greater than ten (10) employees, and whose business license
tax is less than $600, the benefit assessment shall be equal to the City's usual
annual business license tax as established pursuant to Chapter 5.08 of the
Municipal Code plus an additional $65. For establishments with greater than ten
(10) employees, and whose business license tax is $600 or more, the benefit
assessment shall be equal to the City's usual annual business license tax as
established pursuant to Chapter 5.08 of the Municipal Code plus an additional
$145. 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 (100 %) of the assessment amount due.
3
5) Surplus Carryover from Fiscal Year 2009 -2010
The BID estimates that $30,000 will be carried over from Fiscal Year 2009 -2010
to Fiscal Year 2010 -2011.
6) Sources of Contributions from other than levy
The BID estimates that there will be approximately $35,000 contributed to the
BID from the City of Newport Beach. In addition, the BID anticipates receiving
$3,570 from sponsors of the annual luncheon and $21,000 from sponsors of the
Dining Guide.
7) Past Year Accomplishments
The Fiscal Year of 2009 -2010 was a successful one for the BID. The BID
instituted and completed the following projects:
• Organized, prepared, and implemented two separate Restaurant Week
events (one in October 2009 and one in January 2010)
• Creation and distribution of the NBRA Dining Guide
• Maintained website and online reservation system
• Maintained toll -free dining reservation system for all NBRA restaurants
• Sponsored industry- specific seminars (Serve Safe and ABC) and
educational campaigns (DUI awareness & EPS ban) with the NBRA
membership
The merchants of the Newport Beach Restaurant Association want to thank the City
Council for their financial support and efforts on behalf of the BID.
H
Newport Beach Restaurant Association
Business Improvement District
Priorities and Budget Outline
July 1, 2010 — June 30, 2011
Funds Available FISCAL FY End 2009 — 2010
$ 35,000
Funds to be Collected July 2010
$ 95,000
Anticipated Matching Funds from City
$ 35,000
Anticipated Funds from Sponsorships
$ 24,750
TOTAL AVAILABLE FUNDS
$189,750
Priorities Amount
Collateral Development: Creative, Production & Printing
$
2,500
Newport Beach Dining Guide
$
40,500
Dining Guide Distribution Plan
$
11,950
Phone Reservation System
$
5,000
Ad Campaign Creative Production and Design
$
3,500
Print & Online Media Advertising Campaigns
$
19,575
NBRA Website Development:
$
3,600
Social Media Marketing & Internet Campaigns
$
12,500
Public & Media Relations Campaigns
$
3,500
Cooperative Marketing Campaigns
$
15,000
NBRA Annual Meeting
$
5,750
Community Event Participation
$
3,900
NBRA BID Professional Memberships
$
2,250
Marketing & Association Management Fee:
$
36,000
Administration Fee
$
8,000
TOTAL EXPENDITURES
$173,525
5
Attachment "B"
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO RENEW THE NEWPORT
BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
DISTRICT FOR THE FISCAL YEAR OF JULY 1, 2010 TO JUNE 30, 2011,
AND FIX THE TIME AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Newport Beach Restaurant Association 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 2010 -2011 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: On June 8, 2010, the Newport Beach Restaurant
Association Business Improvement District annual report was filed and approved
by the City Council.
Section 2: The City Council hereby declares its intention to renew
the Newport Beach Restaurant Association Business Improvement District for
the 2010 -2011 fiscal year pursuant to the Act.
Section 3: The City Council hereby declares the intention to levy
assessments for the Business Improvement District for the fiscal year July 1,
2010 to June 30, 2011 pursuant to the Act. Effective on January 1, 2010, such
benefit assessment shall be as follows:
A. For establishments with less than eleven (11) employees, the
assessment shall be a flat $95.00.
Resolution No. 10-
NBRA Business Improvement District
0
2
B. For establishments with greater than ten (10) employees, and a
license tax less than $600, the benefit assessment shall be
equal to the City's usual annual business license tax as
established pursuant to Chapter 5.08 of the Municipal Code
plus an additional $65.
C. The assessment for all businesses whose license tax is $600 or
greater, the benefit assessment within the District shall be 100
percent of the annual business license tax as established
pursuant to Chapter 5.08 of the Municipal Code, plus an
additional $145.
Section 4: 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 to be added shall in no event
exceed one hundred percent of the assessment amount due.
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 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.
4. The general promotion of restaurant trade activities.
5. Educational and training classes for members
6. Memberships in various organizations deemed to promote
dining in Newport Beach.
The implementation of these actions is more fully described in the Newport
Beach Restaurant Association Business Improvement District Fiscal Year 2010-
2011 Annual Report, which is on file with the office of the City Clerk.
Resolution No. 10-
NBRA Business Improvement District
l's
3
Section 7: The location of the District will remain the same: Any
restaurant doing business within the boundaries of the City of Newport Beach is
part of the District.
Section 8: 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.
BE IT FURTHER RESOLVED, that the City Council of the City of
Newport Beach shall conduct a public hearing on June 22, 2010 at 7:00 p.m., or
as soon thereafter as this matter may be heard, in the Council Chambers
located at 3300 Newport Boulevard, Newport Beach, California at which time the
Council will hear all interested persons for or against the renewal of the District,
the extent of the District and the specific types of improvements or activities to
be funded by the benefit assessment. Protests may be made orally or in writing,
but if written shall be filed with the City Clerk at or before the time fixed for the
hearing and contain sufficient documentation to verify business ownership and
validate the particular protest. If written protests are received by the owners of
businesses within the District which pay fifty percent or more of the total
assessments to be levied, no further proceedings to renew the District shall be
taken for a period of one year from the date of the finding of a majority protest by
the City Council. If the majority protest is only against the furnishing of a specific
type or types of improvements or activity or benefit within the District, those types
of improvements or activities or benefit zones shall be eliminated.
Further information regarding the proposed Business Improvement
District renewal and expansion may be obtained at the Newport Beach City Hall,
3300 Newport Boulevard, Newport Beach, California, 92658; (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 2010.
Resolution No. 10-
NBRA Business Improvement Dishict
1'`:
MAYOR
ATTEST:
CITY CLERK
ATTACHMENT: Exhibit A (Boundary Map)
rd
Resolution No. 10-
NBRA Business Improvement District