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Home My WebLink About2012-43 - Intent to Renew NBRA BID and Levy Assessments FY 12-13RESOLUTION NO. 2012 -43 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 AND LEVY ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2012 TO JUNE 30, 2013, 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 "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 Newport Beach Restaurant Association Business Improvement District Board of Directors, has prepared an Annual Report for the 2011 -2012 fiscal year which is on file in the Office of the City Clerk; and WHEREAS, on June 12, 2012, the Newport Beach Restaurant Association Business Improvement District 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 Newport Beach Restaurant Association Business Improvement District (BID) for fiscal year 2012 -2013 pursuant to the 1989 Law. Section 2: The City Council hereby declares the intention to levy assessments for the BID for the fiscal year July 1, 2012 to June 30, 2013 pursuant to the 1989 Law. Such benefit assessment shall be as follows: A. For establishments with less than eleven (11) employees, the assessment shall be a flat $95.00. 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 Resolution No. 2012 - 43 \'BRA Business Improvement District 1) pursuant to Chapter 5.08 of the Newport Beach Municipal Code plus an additional $65.00. C. The assessment for all businesses whose license tax is $600 or greater, the benefit assessment within the BID shall be 100 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code, plus an additional $145. Section 3: The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.08 of the Newport Beach Municipal Code, providing that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section 4: The benefit assessments shall be collected by the City in one annual installment. The assessment for new businesses shall be pro -rated according to the number of full months remaining in 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. 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 2011 -2012 Annual Report, which is on file with the Office of the City Clerk. Section 6: The location of the BID will remain the same: Any restaurant doing business within the boundaries of the City of Newport Beach is part of the BID, as set forth with greater specificity in the map attached as Exhibit A. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on June 26, 2012 at 7 p.m., or as soon thereafter Resolution No. 2012 - 43 NBRA Business Improvement District 3 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 BID, the extent of the BID 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 the businesses within the BID which pay fifty percent or more of the total assessments 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. 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. Further information regarding the proposed BID renewal may be obtained at the City Manager's Office, 3300 Newport Boulevard, Newport Beach, CA 92663; 949- 644 -3035. 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 12th day of June, 2012. X �> ATTEST: ` 111a`,�;h halv-- Leilani Brown, City Clerk Attachment: Exhibit A (Boundary Map)) Nancy Gardner; Mayor Resolution No. 2012 - 43 NBRA Business Improvement District Costa Mesa �r��/ ��4 IVA �-tz i M/2912012 Res umntBID A.mxd 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. 2012 -43 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of June, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13'" day of June, 2012. abi - Nni�' City Clerk Newport Beach, California (Seal)