HomeMy WebLinkAbout13 - Confirming the Levying of Assessments for the NBRABID and Advisory Board AppointmentsQ SEW Pp�T
CITY OF
s NEWPORT BEACH
C'94IF09 City Council Staff Report
June 13, 2017
Agenda Item No. 13
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
PHONE: 949-644-3031
TITLE: Resolution No. 2017-42: Confirming the Levying of Assessments for
Fiscal Year 2017-2018 for the Newport Beach Restaurant
Association Business District and Advisory Board Appointments for
Fiscal Year 2017-2018
ABSTRACT:
The annual renewal of the Newport Beach Restaurant Association Business Improvement
District (NBRA BID) requires a public hearing to determine if there is a majority protest
against the levied assessments or a specific improvement, activity or benefit proposed by
the BID for fiscal year 2017-2018.
The California Streets and Highways Code Sections 36500 et seq., grants the City
Council the authority to appoint an advisory board for Business Improvement Districts
formed under the Parking and Business Improvement Area Law of 1989. Following
renewal of the BID, the City Council may appoint an advisory board to serve the BID in
fiscal year 2017-2018.
RECOMMENDATIONS:
a) Hold a public hearing regarding the renewal of the Newport Beach Restaurant
Association Business Improvement District;
b) 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;
c-1) If protests represent less than 50 percent of the total assessment amount, adopt
Resolution No. 2017-42 A Resolution of the City Council of the City of Newport
Beach, California, Confirming the Levying of Assessments for Fiscal Year 2017-
2018 for the Newport Beach Restaurant Association Business Improvement District;
or
13-1
Confirming the Levying of Assessments for Fiscal Year 2017-2018 for the
Newport Beach Restaurant Association Business District and
Advisory Board Appointments for Fiscal Year 2017-2018
June 13, 2017
Page 2
c-2) If protests represent 50 percent or more of the total assessment, abandon the
proceedings to renew the Newport Beach Restaurant Association Business
Improvement District; and
d) Appoint the following to the Newport Beach Restaurant Association Business
Improvement District Advisory Board of Directors for fiscal year 2017-2018:
Will Alovis, Sugar N Spice
Philip Crowley, Modo Mio
John DeFrenza, Crocker's "The Well Dressed Frank"
Bruno Massuger, Newport Dunes Resort
Matthew Meddock, Sessions West Coast Deli
Dan Miller, The Village Inn
Jordan Otterbein, A Restaurant & Market
Kenyon Parr, Five Crowns & Side Door
Christopher Roman, CUCINA enoteca
Ron Schwartz, Muldoon's Irish Pub
Jim Walker, The Bungalow Restaurant
FUNDING REQUIREMENTS:
The City of Newport Beach (City), or its approved designee, collects the member
assessments on behalf of the Newport Beach Restaurant Association Business
Improvement District (NBRA BID) and remits the monies back to the BID for funding the
activities described in the annual report, which was filed with the City Council on May 23,
2017. In addition to the assessments, the City's proposed fiscal year (FY) 2017-2018
budget includes sufficient funding to provide $40,000 to support the NBRA BID. The
$40,000 annual funding would be expensed to the City Manager's Office, Economic
Development Division, 01020202-841046.
DISCUSSION:
The Newport Beach Restaurant Association Business Improvement District (NBRA BID)
was formed pursuant to the Parking and Business Improvement Area Law of 1989 (1989
Law), codified in Streets and Highways Code Sections 36500 et seq., for the purpose of
financing activities and programs to benefit businesses located and operating in the area.
The NBRA BID territory encompasses any food -service business within the city
boundaries, such as restaurants, markets with dine -in or take-out food service, bars
serving food, dessert shops, coffee shops, juice bars, catering companies, or similar food -
related business.
In accordance with the 1989 Law, a public hearing must be held each year prior to the
renewal of a BID. If written protests are received from the owners of the businesses within
the BID which pay 50 percent or more of the total assessment to be levied, no further
proceedings to renew the BID shall be taken for a period of one year from the date of the
finding of a majority protest by the City Council.
13-2
Confirming the Levying of Assessments for Fiscal Year 2017-2018 for the
Newport Beach Restaurant Association Business District and
Advisory Board Appointments for Fiscal Year 2017-2018
June 13, 2017
Page 3
If the majority protest is only against the furnishing of a specific type or types of
improvements or activity or benefit within the BID, those types of improvements or
activities or benefit zones shall be eliminated. If protests represent less than 50 percent
of the total assessment, the City Council may renew the BID.
The NBRA BID is nearing the end of its FY 2016-2017 and its Advisory Board of Directors
has requested renewal of the BID for FY 2017-2018. Pursuant to the 1989 Law, an annual
report must be prepared and a public hearing must be held prior to the BID's renewal.
During its May 23, 2017 regular meeting, the City Council approved the NBRA BID FY
2016-2017 Annual Report, adopted a Resolution of Intention (Resolution No. 2017-38) to
levy and collect assessments for the BID in FY 2017-2018, and set a public hearing for
the BID renewal to take place on June 13, 2017. See Attachment A for the May 23, 2017
staff report and Resolution No. 2017-38.
A public notice of the Resolution of Intention to levy and collect assessments for the
renewal of the NBRA BID and the time and place of the public hearing was published in
the Daily Pilot newspaper on May 27, 2017. In addition, it was posted on the City's website
(newportbeachca.gov/publicnotices) and, per the 1989 Law, a copy was mailed to each
NBRA BID member business.
As of the time this report was published by the City Clerk, no letters of opposition to the
NBRA BID's renewal have been received by the City. Any subsequent correspondence,
with a tabulation of the protests, will be provided to the City Council at its June 13, 2017
meeting.
Advisory Board Appointments
The City Council has the authority to appoint an advisory board to the NBRA BID. The
City may limit membership on the advisory board to persons' subject to the BID
assessment, or a designated representative of a member business. The board that serves
the NBRA BID is different and distinct from other City advisory bodies and is not appointed
in the same manner. The City relies upon the Streets and Highways Code for BID advisory
board appointments rather than Council Policy A-2. The NBRA BID's bylaws allow for the
appointment of 11 advisory board members.
The City Clerk posted a vacancy announcement for the 11 available seats on the NBRA
BID's Advisory Board of Directors (board seats are renewed annually). To be eligible to
serve on the NBRA BID Advisory Board of Directors, the applicant must be the member
business owner or its designated representative. In addition, the business must be in
good standing (no debt owed to the City or the NBRA BID). The deadline was on
March 30 and only eight applications were received. However, three additional
applications were received and deemed eligible for nomination prior to the Board's
April 5 meeting.
13-3
Confirming the Levying of Assessments for Fiscal Year 2017-2018 for the
Newport Beach Restaurant Association Business District and
Advisory Board Appointments for Fiscal Year 2017-2018
June 13, 2017
Page 4
The NBRA BID Advisory Board met on April 5 to review the applications and
recommended the nomination of the 11 applicants for City Council appointment. The
recommended nominees for the FY 2017-2018 NBRA BID Advisory Board of Directors
are as follows:
Will Alovis, Sugar N Spice
Philip Crowley, Modo Mio
John DeFrenza, Crocker's "The Well Dressed Frank"
Bruno Massuger, Newport Dunes Resort
Matthew Meddock, Sessions West Coast Deli
Dan Miller, The Village Inn
Jordan Otterbein, A Restaurant & Market
Kenyon Parr, Five Crowns & Side Door
Christopher Roman, CUCINA enoteca
Ron Schwartz, Muldoon's Irish Pub
Jim Walker, The Bungalow Restaurant
Conclusion
If a majority protest does not exist, City staff recommends the adoption of Resolution
No. 2017-42, A Resolution Confirming the Levying of Assessments for the Fiscal Year
2017-2018 for the Newport Beach Restaurant Association Business Improvement District
(Attachment B) and the subsequent approval of the proposed Advisory Board of Directors
for FY 2017-2018.
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 — Staff Report and Resolution from May 23, 2017
Attachment B — Resolution No. 2017-42
13-4
ATTACHMENT A
Q SEW Pp�T
CITY OF
�3 -W z NEWPORT BEACH
City Council Staff Report
May 23, 2017
Agenda Item No. 5
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 Renew the Newport Beach Restaurant
Association Business Improvement District and Levy Assessments in
Fiscal Year 2017-2018
ABSTRACT:
The Newport Beach Restaurant Association Business Improvement District (NBRA BID)
Board of Directors has submitted the BID's fiscal year (FY) 2016-2017 Annual Report for
City Council approval and has requested renewal of the BID for FY 2017-2018.
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 Newport Beach Restaurant Association Business Improvement District's
Fiscal Year 2016-2017 Annual Report and its Proposed Fiscal Year 2017-2018
Budget; and
c) Adopt Resolution No. 2017-38, A Resolution of the City Council of the City of Newport
Beach, California, Declaring its Intention to Renew the Newport Beach Restaurant
Association Business Improvement District and Levy Assessments for the Fiscal Year
of July 1, 2017 to June 30, 2018, and Fix the Time and Place of a Public Hearing for
June 13, 2017.
FUNDING REQUIREMENTS:
The City of Newport Beach (City) collects the stakeholder assessments on behalf of the
NBRA 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
Council agreed to provide $40,000 each year for five years (ending FY 2017-2018) to
support the NBRA BID efforts.
13-5
Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in Fiscal Year 2017-2018
Page 2
In 2014, the City Council approved reducing funding to $20,000 when the NBRA BID
Advisory Board of Directors (Board) agreed that the BID bookkeeping services
(assessment billing, collection, financial reporting) and minimal administrative support
would be performed in house by City staff.
Then, on June 14, 2016, the City Council approved a request from the NBRA BID Board
to outsource the financial accounting and return the City funding back to the originally
agreed upon amount of $40,000 through FY 2017-2018.
The City's proposed FY 2017-2018 budget includes sufficient funding to continue to
support the NBRA BID with a City contribution of $40,000. It will be expensed to the
Professional and Technical account in the City Manager's Office, Economic Development
Division, 01020202-811008.
DISCUSSION:
The Newport Beach Restaurant Association Business Improvement District (NBRA BID)
was formed in 1995 (Ordinance 95-55) pursuant to the Parking and Business
Improvement Area Law of 1989 (1989 Law), codified in the Streets and Highways Code
Sections 36500 et seq. The NBRA BID was established for the purpose of financing
activities and programs to benefit the businesses located and operating in the area. The
NBRA BID encompasses any food service business within the city boundaries, such as
restaurants, markets with dine -in or take-out food service, bars serving food, dessert
shops, coffee shops, juice bars, catering companies, or similar food -related business (A
boundary map is attached to the Resolution).
The NBRA BID is nearing the end of its FY 2016-2017 operating period and the Board,
which serves in an advisory capacity to the City Council, has requested renewal of the
BID for FY 2017-2018. Pursuant to the 1989 Law, an annual report must be prepared and
a public hearing (scheduled for June 13) must be held prior to the BID's renewal.
The NBRA BID Board has prepared and submitted the attached annual report
(Attachment A) for the Council's review and approval. The report includes a summary of
the NBRA BID's FY 2016-2017 accomplishments and revenues as well as its proposed
activities and budget for the upcoming fiscal year.
Revised Organizational Structure
Following last year's renewal of the NBRA BID, the Board submitted its request for a
revised stakeholder structure and corresponding assessment levels. On September 13,
2016, the City Council approved Ordinance 2016-11 establishing the new structure and
assessments, which went into effect on October 13, 2016.
The NBRA BID's bookkeeping service provider, Newport Beach & Company (NB&Co.),
prepared and mailed the FY 2016-2017 assessments to stakeholder businesses on
October 14. Normally, the assessment invoices are mailed in July following the BID's
annual renewal, but were intentionally delayed for invoicing at the new assessment levels.
Even though the invoices were mailed three months late, approximately 77 percent of the
total assessments due had been collected by December 2016. As of March 2017,
87 percent has been collected.
13-6
Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in Fiscal Year 2017-2018
Page 3
The revised NBRA BID stakeholder structure and assessments are shown below and,
upon the BID's renewal, will be used for invoicing in July.
Stakeholder-..
Full -serve restaurant (e.g., with wait staff)
$600
Fast -casual restaurant (e.g., place order at counter)
$500
Grocery or market
$500
Coffee, tea or specialty shop
$150
Dessert, bakery or treats
$150
Juice bar or smoothie shop
$150
Catering company
$150
EMMEMEW
Certified Farmer's Markets, mini -marts, yachts and charters, banquet
facilities, private membership clubs, theaters, and gas stations.
Fiscal Year 2016 Accomplishments
The NBRA BID Board has continued making progress on the priorities identified in its
2013-2016 Strategic Business Plan. Specific areas of focus include providing an annual
marketing strategy for promoting dining in Newport Beach, ongoing communication with
stakeholders and diners, targeted outreach efforts, and financial oversight and evaluation.
The main event planned by the NBRA BID is the annual Newport Beach Restaurant
Week, held each year in January. This year marked the 11th anniversary of the event. The
event metrics showed a 10 percent growth in spending over the previous year with an
estimated consumer spend of $3.4 million.
Through the strategic partnership with NB&Co., which also provides the BID with
marketing and administrative services, the NBRA BID has boosted its brand and the
destination awareness of Newport Beach dining through the dinenb.com website and its
various social channels. In addition, a weekly consumer newsletter has been instrumental
in the NBRA BID's outreach efforts to keep the subscribers engaged through the use of
blogs and stories from respected local food and lifestyle bloggers.
NB&Co. continued to evolve the consumer -facing Dine Newport Beach brand for the
NBRA BID. Print and digital advertising was used
throughout the year in a variety of media outlets with
in -market distribution as well as in local retail stores
and markets including regional hotels and concierges,
visitor centers, airports, timeshare and vacation NPORT BEACH
rentals, and luxury apartments.
In addition to its regular marketing and outreach efforts, the NBRA BID Board began
another strategic planning process to develop an updated strategic plan. A consultant
was retained through NB&Co. to assist the Board. A member survey was conducted and
an initial meeting with the consultant was held on March 22, 2017. The consultant will be
returning with a draft of the plan for the Board's review at its May 25, 2017 meeting.
13-7
Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in Fiscal Year 2017-2018
Page 4
In FY 2017-2018, the NBRA BID will continue its efforts on the above and the remainder
of the activities listed in the annual report including its ongoing and regular marketing and
public relations programs.
Fiscal Year 2016-2017 Operating Results
During FY 2016-2017, the NBRA BID collected approximately $198,000 in stakeholder
assessments and approximately $27,000 in stakeholder assessment late fees. The City
contributed $40,000 in funding and awarded a $9,000 grant from the City Council's
Special Event Grant funding process. In addition, the NBRA BID received $28,700 in
stakeholder participation fees for the 2017 Newport Beach Restaurant Week.
The NBRA BID's total income for FY 2016-2017 is expected to be approximately
$302,700. The year-end expenditures for the approved activities is estimated to be
$270,500. The Board has agreed to retain the surplus revenue for the new fiscal year.
The proposed operating budget for FY 2017-2018 is attached to the NBRA BID's annual
report for City Council's approval.
Future of the NBRA BID
City Council directed staff to review the future of the two remaining BIDs (NBRA and the
Corona del Mar BID) last year during the renewal process. Staff from the City Manager's
Office and City Attorney's Office have met to discuss options such as disbanding the BID,
reforming the BID under the 1994 Law or leaving the BID as it is today under the 1989
Law.
It was determined to start with outreach to the stakeholders through a survey to gauge
satisfaction and knowledge of the benefits being provided through the BID. Staff has been
working to obtain all known stakeholder email addresses, developing survey questions
and has been in discussions with a survey provider. Staff's goal is to conduct the survey
within the next few months. Once the survey results are received and reviewed, staff will
meet again and enter into discussions with representatives from the NBRA BID Board.
Conclusion
The NBRA BID Board is aware that the City Council is seeking recommendations for
alternatives for how the BID is currently formed and operated, that City staff is reviewing
potential alternatives, and that this is the last year of City funding under the current
agreement.
Thus, City staff is recommending adoption of Resolution No. 2017-38, a Resolution of
Intention to Renew the Newport Beach Restaurant Association Business Improvement
District (Attachment B) and levy assessments in fiscal year 2017-2018 and setting the
public hearing for renewing the NBRA BID for June 13, 2017.
13-8
Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in Fiscal Year 2017-2018
Page 5
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 — NBRA BID Annual Report and Budget
Attachment B — Resolution of Intention to Renew the NBRA BID
13-9
RESOLUTION NO. 2017-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DECLARING ITS
INTENTION TO RENEW THE NEWPORT BEACH
RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
DISTRICT AND LEVY ASSESSMENTS FOR THE FISCAL
YEAR OF JULY 1, 2017 TO JUNE 30, 2018, AND FIX THE
TIME AND PLACE OF A PUBLIC HEARING
WHEREAS, the Newport Beach Restaurant Association Business Improvement
District ("NBRA BID") was established in 1995 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;
WHEREAS, the advisory board, known as the NBRA BID Board of Directors, has
prepared an Annual Report for the 2016-2017 fiscal year which is on file in the Office of the
City Clerk ("NBRA BID Annual Report"); and
WHEREAS, on May 23, 2017, the NBRA BID Annual Report was filed with and
approved by the City Council.
NOW, THEREFORE, the City Council of the City of Newport Beach ("City") resolves
as follows:.
Section 1: The City Council hereby declares its intention to renew the NBRA BID for
fiscal year July 1, 2017 to July 1, 2018, pursuant to the 1989 Law.
Section 2: The City Council hereby declares its intention to levy assessments for
the NBRA BID for the fiscal year July 1, 2017 to June 30, 2018, pursuant to the 1989 Law.
Such benefit assessment shall be as follows:
Stakeholder..
Full -serve restaurant (e.g., with wait staff)
Levy
$600
Fast -casual restaurant (e.g., place order at counter)
$500
Grocery or market
$500
Coffee, tea or specialty shop
$150
Dessert, bakery or treats
$150
Juice bar or smoothie shop
$150
Catering company
$150
Certified Farmer's Markets, mini -marts, yachts and charters, banquet
facilities. private membership clubs. theaters. and aas stations.
13-10
Resolution No. 2017-38
Page 2 of 3
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 LABRA BID's fiscal year.
Section 5: The improvements and activities to be funded by the benefit
assessments shall include only the following:
A. Marketing, advertising, and public relations;
B. Brochure development and distribution;
C. Promotion of public events;
D. General promotion of restaurant trade activities;
E. Educational and training classes for members; and
F. Memberships in various organizations deemed to promote dining in
Newport Beach.
The implementation of these actions is described in the NBRA BID 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: Any food service business within the boundaries of the city of Newport
Beach, such as restaurants, markets with dine -in or take-out food service, bars serving food,
dessert shops, coffee shops, juice bars, catering companies, or similar food -related
business within the boundaries of the City of Newport Beach is part of the NBRA BID, 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 NBRA BID renewal is set
for 7 p.m. or as soon thereafter as the matter may be heard on June 13, 2017, 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 NBRA BID which pay fifty
percent (50%) or more of the total assessments to be levied, no further proceedings to renew
the NBRA 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 NBRA BID, those types of
improvements or activities or benefit zones shall be eliminated.
13-11
Resolution No. 2017-38
Page 3 of 3
Section 9: Further information regarding the proposed LABRA 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 t e resolution.
ADOPTED this 23rd day of May, 2017. / Z��,
ATTEST:
Leilani I. B
City Clerk
Kevin Mul
Mayor
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
(2±� �� -
Aaron C. Harp
City Attorney
Attachment: Exhibit A (Boundary Map)
13-12
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13-13
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2017-38 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23rd day of May, 2017, and that the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy
Duffield, Mayor Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of May, 2017.
0 0 . �l wt, )
Leilani I. Brown
City Clerk
Newport Beach, California
(Seal)
;JfiOFLV
13-14
ATTACHMENT B
RESOLUTION NO. 2017- 42
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
CONFIRMING THE LEVYING OF ASSESSMENTS
FOR THE FISCAL YEAR OF JULY 1, 2017 TO JUNE
30, 2018 FOR THE NEWPORT BEACH
RESTAURANT ASSOCIATION BUSINESS
IMPROVEMENT DISTRICT
WHEREAS, on May 23, 2017 the Newport Beach Restaurant Association
Business Improvement District annual report and budget was filed and approved
by the City Council;
WHEREAS, on May 23, 2017 the City Council adopted a Resolution of
Intention (No. 2017-38) declaring the intention to levy assessments for the Newport
Beach Restaurant Association Business Improvement District for fiscal year July
1, 2017 to June 30, 2018;
WHEREAS, on May 27, 2017 the City Clerk published Resolution No. 2017-
38 declaring the City Council's intention to levy assessments for the Newport
Beach Restaurant Association Business Improvement District for fiscal year July
1, 2017 to June 30, 2018; and
WHEREAS, a public hearing regarding the renewal of the Newport Beach
Restaurant Association Business Improvement District was held on June 13, 2017
without a majority protest.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves
as follows:
Section 1: The City Council does hereby confirm the levying of
assessments as described in the Resolution of Intention, dated May 23, 2017, for
the Newport Beach Restaurant Association Business Improvement District for the
fiscal year July 1, 2017 to June 30, 2018.
Section 2: The recitals provided in this resolution are true and correct and
are incorporated into the operative part of this resolution.
Section 3: The City Council finds the adoption of this resolution is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
13-15
Resolution No. 2017 -
Page 2 of 2
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 4: 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 5: 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 13th day of June. 2017.
Kevin Muldoon
Mayor
ATTEST-.
Leilari I. Brown
City Clerk
APPROVED AS TO FORM:
CiTY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney 0�
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