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HomeMy WebLinkAbout17 - Proposed Increase for Levy of the NBRACITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator 949 - 644 -3207, Idesantis @newportbeachca.gov SUBJECT: Public Meeting on Proposed Increase to the Benefit Assessment Levy of the Newport Beach Restaurant Business Improvement District (NBRA) RECOMMENDATION: Receive public comments from anyone wishing to speak on the proposed increase to the benefit assessment levy of the NBRA. DISCUSSION: Background: The 1989 PBID Law requires that if any of the terms of a BID are to be changed mid -year, as part of the process the City Council must conduct both a public meeting and a subsequent Public Hearing prior to taking any action on the proposed change. Attached is the September 22, 2009 report to the City Council explaining the NBRA's proposed increase of the benefit assessment levy, including the Resolution of Intention adopted by the City Council at that meeting. Public Notice: Notice was published in the Daily Pilot on Saturday, September 26, 2009. Notice published was for both this public meeting and the November 10, 2009 Public Hearing, which requires 45 days notice. In addition, all members of the NBRA were sent by US mail a copy of the Resolution of Intention and a cover letter notifying them of both the public meeting and the November 10, 2009 Public Hearing, and providing the levy formula in sufficient detail for them to calculate their benefit assessment. Prepared by: Submitted by L igh W. De Santis, Sharon 2. Wood, Economic Development Administrator Assistant City Man er Attachments: September 22, 2009 report to the City Council CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator ldesantis@newportbeachca.gov SUBJECT: Restaurant Association Business Improvement District Mid -Year Benefit Assessment Levy Increase: Adoption of Resolution of Intention to Raise the Annual Benefit Assessment Levy and Fixing the Dates of the Public Meeting and the Public Hearing ISSUE: Increase the benefit assessment levy for the Newport Beach Restaurant Association BID (NBRA), to be effective January 1, 2010. RECOMMENDATION: Adopt the Resolution of Intention to increase the annual benefit assessment levy effective January 1, 2010 and also sets the Public Meeting for October 13, 2009 and sets the Public Hearing for November 10, 2009. DISCUSSION: Background: When the City Council approved an increase in supplemental funds to the NBRA in June, it requested the NBRA to seek a comparable increase in its benefit assessment levy by mid- year. The City Council suggested that on an annual basis the new benefit assessment levy formula should generate an additional $25,000. The basic benefit assessment levied on NBRA members has not been changed by Council action since inception of the BID in 1996. NBRA members with fewer than eleven (11) employees have been paying the same flat rate benefit assessment of fifty dollars per year Restaurant Association BID Levy Increase September 22, 2009 Page 2 ($50 /yr) for fourteen years. NBRA members with greater than ten (10) employees, whose benefit assessment is equal to 100% of their business license tax, have experienced an approximate 35% increase as the basic business license tax has increase from $121 plus $8 per employee to $151 plus $15 per employee over the same fourteen year period. This imbalance of the benefit assessment levy, increased costs over fourteen years, and the expansion of the NBRA programs to benefit members, and the Council's direction have all led the NBRA Advisory Board to propose a new benefit assessment levy formula for members. A letter from the NBRA Advisory Board requesting an increased is attached. The Proposed New Benefit Assessment Le The proposed new benefit assessment levy formula is: A. For establishments with ten (10) or fewer employees, the benefit assessment levied shall be a flat $95.00. B. For establishments with more than ten (10) employees and whose annual business license tax is $599.00 or less, the benefit assessment levied shall be equal to 100 % of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $60.00. C. For establishments with more than ten (10) employees whose business license tax is $600.00 or greater the benefit assessment levied shall be equal to 100 percent of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $145.00. As of July 1, 2009 the NBRA had 369 members; the number fluctuates during the year and from year to year. Prior to this proposal there were only two benefit assessment levy formulas. As part of the increase the higher formula has been divided into two. The 185 members assessed according to the benefit assessment levy formula in "A" above make up approximately 50% of the membership but have paid only 10% of the total benefit assessment collectively for the last several years. The increased benefit assessment levy will generate an additional $8,325 and raise their share of the total benefit assessment to 16 %. The 141 members to be assessed according to the benefit assessment levy formula in "B" above make up approximately 38% of the membership. The 43 members to be assessed according to formula in "C" above make up approximately 12% of the membership. Together this 50% of the membership has been paying 90% of the total benefit assessment; under the new formula they will pay 84% of the total benefit assessment. The new benefit assessment levy formulas will raise $8,460 from formula B members and $6,235 from formula "C" members. Restaurant Association BID Levy Increase September 22, 2009 Page 3 Altogether the increased benefit assessment levies will generate an additional $23,022. Projected business license tax increases are estimated to generate another $1,567 for a total of $24,598 in new benefit assessment levied. The Advisory Board believes this essentially reaches the target set by the City Council. The attached Resolution also uses greater specificity in the language used to identify BID membership. It does not actually add new members but it does specifically exclude bars with only a Part 48 ABC license from the State and certified Farmer's Markets such as Corona del Mar Farmer's Market. A Part 48 license is for the sale of alcohol and excludes food service. Outreach to NBRA Members The Annual Meeting of the NBRA occurred on September 9, 2009. At that meeting the Advisory Board informed the membership that they are seeking an increase in the benefit assessment levy and why such an increase is needed. The Advisory Board has prepared a factual piece for inclusion with the mailing of the Resolution of Intention to members. They are also planning to campaign for support of the increase by phone, personal contact and a mailing of their own. The Process Changes can be made to the boundary, membership, or levy of a BID at annual renewal or at any point during the operating year. Amendments during the operating year require adoption of a Resolution of Intention, mailing a copy of that Resolution to all BID members, publication of that Resolution in a paper of general circulation in the District, the conduct of a public meeting, the conduct of a public hearing for the purpose of protest and the adoption of an ordinance. Adoption of the attached Resolution begins the process by declaring the City Council's intention to raise the benefit assessment levy and setting the public meeting and public hearing dates. Environmental Review: Staff recommends the City Council find that the BID levy increase resolution accompanying this staff report 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. Funding Availability: This is a levy assessed on members of the BID. Prepared by: Leigh M. De Santis Economic Development Administrator Attachment: Resolution 2009 - Letter from the Advisory Board Restaurant Association BID Levy Increase September 22, 2009 Page 4 Submitted by: Sharon Z. Wood Assistant City Manager RESOLUTION NO. 2009-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO INCREASE THE ANNUAL BENEFIT ASSESSMENT LEVIED BY THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Property and Business Improvement Law of 1989, Streets and Highways Code § 36500 at seq., authorizes cities to establish property and business improvement districts for the purposes of promoting business activities which benefit the member businesses; and WHEREAS, the Newport Beach Restaurant Association Business Improvement District (NBRA) was established in 1996 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 at seq., ( "Act"); and WHEREAS, the Act allows the City Council to increase the benefit assessment levied on businesses within the NBRA during the operating year and WHEREAS, the Advisory Board of the NBRA has requested that the City Council declare its intention to increase the benefit assessment levied on member businesses, effective January 1, 2010. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares its intention to amend and increase the annual benefit assessment levied on the NBRA commencing for the period of January 1, 2010 pursuant to the Act. r Section 2: The boundaries of the NBRA shall remain the boundaries of the City of Newport Beach. Section 3: Membership in the NBRA shall remain any food service business within the boundaries of the City of Newport Beach, such as restaurants, groceries with a dine in or take -out food service, mini -marts, gas stations with take -out food service, and bars serving food. Effective January 1, 2010, certified Farmer's Markets and bars with only a Part 48 ABC license from the State shall be exempt from NBRA membership. Section 4. The City Council intends to levy and impose and order the collection of a benefit assessment levied upon persons conducting business in the District. Such benefit assessment levied shall be as follows: A. For establishments with ten (10) or fewer employees, the benefit assessment levied shall be a flat Ninety -Five Dollars ($95.00). B. For establishments with more than ten (10) employees and whose annual business license tax is Five Hundred Ninety -Nine Dollars ($599.00) or less, the benefit assessment levied shall be equal to one hundred percent (100 %) of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional Sixty Dollars ($60.00). C. For establishments with more than ten (10) employees whose business license tax is Six Hundred Dollars ($600.00) or more, the benefit assessment levied shall be equal to one hundred percent (100 %) of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional One Hundred Forty -Five Dollars ($145.00). Section 5: The Increase proposed by this Resolution if adopted by Ordinance following the Public Hearing shall be effective January 1, 2010. The benefit assessment increase shall be collected from existing businesses in the District by the City in one (1) pro-rated annual installment. The benefit assessment for businesses established after January 1, 2010 shall be at the increased rate, pro -rated according to the number of full months remaining in the District's fiscal year, starting on the day of the issuance of a business license by the City. Section 6: The penalty for delinquent payments shall continue to be twenty five percent (25%) per month, providing that the penalty to be added shall in no event exceed one hundred percent (100 %) of the assessment amount due. Section 7: The improvements and activities to be funded by the benefit assessments are not changed, and 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 food service business activities. 5. Educational and training classes for members. 6. Implementation of a Restaurant Week(s) Program 7. Memberships in various organizations deemed to promote dining in Newport Beach. BE IT FURTHER RESOLVED that The City Council of the City of Newport Beach shall conduct a public meeting on October 13, 2009 at 7:00 P.M. or as soon thereafter as this matter may be considered, in the Council Chambers located at 3300 Newport Boulevard, Newport Beach, California to hear public comment regarding an increase in the annual benefit assessment levy. The City Council shall conduct a Public Hearing on November 10, 2009 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 increase in the benefit assessment levy and the extent of the District. 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 Public Hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received from the owners of businesses within the District that pay fifty percent (50%) or more of the total benefit assessment to be levied, no further proceedings to increase the benefit assessment levy shall be taken for a period of one (1) year from the date of the finding of a majority protest by the City Council. Further information regarding the proposed Business Improvement District increase in the annual benefit assessment levy may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Attention: Leigh M. De Santis, Economic Development Administrator and City Liaison to the NBRA or by calling her at (949) 644 -3207. The City Clerk shall cause this Resolution of Intention to Increase the Benefit Assessment Levy and that Fixes the Date of the Public Meeting and of the Public Hearing to be published once in a newspaper of general circulation in the City at least seven (7) days prior to the Public Hearing and mailed to the members of the NBRA within seven (7) days of adoption. 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 22nd day of September, 2009. MAYOR ATTEST: — J�)A� Q I CITY CLERK i STATE OF CALIFORNIA j COUNTY OF ORANGE j as. CITY OF NEWPORT BEACH j 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. 2009 -68 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 22nd day of September, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Gardner, Daigle. Mayor Selich Noes: None Absent: Webb Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of September, 2009. **CCnn C1� GL ERK �d Cler Newport Beach, California (Seal) `tr CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator Idesantis @newportbeachca.gov SUBJECT: Restaurant Association Business Improvement District Mid -Year Benefit Assessment Levy Increase: Adoption of Resolution of Intention to Raise the Annual Benefit Assessment Levy and Fixing the Dates of the Public Meeting and the Public Hearing ISSUE: Increase the benefit assessment levy for the Newport Beach Restaurant Association BID (NBRA), to be effective January 1, 2010. RECOMMENDATION: Adopt the Resolution of Intention to increase the annual benefit assessment levy effective January 1, 2010 and also sets the Public Meeting for October 13, 2009 and sets the Public Hearing for November 10, 2009. DISCUSSION: :, e • � When the City Council approved an increase in supplemental funds to the NBRA in June; it requested the NBRA to seek a comparable increase in its benefit assessment levy by mid- year. The City Council suggested that on an annual basis the new benefit assessment levy formula should generate an additional $25,000. The basic benefit assessment levied on NBRA members has not been changed by Council action since inception of the 'BID in 1996. NBRA members with fewer than eleven (11) employees have been paying the same flat rate benefit assessment of fifty dollars per year Restaurant Association BID Levy Increase September 22, 2009 Page 2 ($50 /yr) for fourteen years. NBRA members with greater than ten (10) employees, whose benefit assessment is equal to 100% of their business license tax, have experienced an approximate 35% increase as the basic business license tax has increase from $121 plus $8 per employee to $151 plus $15 per employee over the same fourteen year period. This imbalance of the benefit assessment levy, increased costs over fourteen years, and the expansion of the NBRA programs to benefit members, and the Council's direction have all led the NBRA Advisory Board to propose a new benefit assessment levy formula for members. A letter from the NBRA Advisory Board requesting an increased is attached. The Proposed New Benefit Assessment Lew: The proposed new benefit assessment levy formula is: A. For establishments with ten (10) or fewer employees, the benefit assessment levied shall be a flat $95.00. B. For establishments with more than ten (10) employees and whose annual business license tax is $599.00 or less, the benefit assessment levied shall be equal to 100 % of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $60.00. C. For establishments with more than ten (10) employees whose business license tax is $600.00 or greater the benefit assessment levied shall be equal .to 100 percent of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $145.00. As of July 1, 2009 the NBRA had 369 members; the number fluctuates during the year and from year to year. Prior to this proposal there were only two benefit assessment levy formulas. As part of the increase the higher formula has been divided into two. The 185 members assessed according to the benefit assessment levy formula in "A" above make up approximately 50% of the membership but have paid only 10% of the total benefit assessment collectively for the last several years. The increased benefit assessment levy will generate an additional $8,325 and raise their share of the total benefit assessment to 16 %. The 141 members to be assessed according to the benefit assessment levy formula in "B" above make up approximately 38% of the membership. The 43 members to be assessed according to formula in "C" above make .up approximately 12 % of the membership. Together this 50% of the membership has been paying 90% of the total benefit ,assessment; under the new formula they will pay 84 % of the total benefit assessment The new benefit assessment levy formulas will raise $8,460 from formula B members and $6,235 from formula "C" members. Restaurant Association BID Levy Increase September 22, 2009 Page 3 Altogether the increased benefit assessment levies will generate an additional $23,022. Projected business license tax increases are estimated to generate another $1,567 for a total of $24,598 in new benefit assessment levied. The Advisory Board believes this essentially reaches the target set by the City Council. The attached Resolution also uses greater specificity in the language used to identify BID membership. It does not actually add new members but it does specifically exclude bars with only a Part 48 ABC license from the State and certified Farmer's Markets such as Corona del Mar Farmer's Market. A Part 48 license is for the sale of alcohol and excludes food service. Outreach to NBRA Members: The Annual Meeting of the NBRA occurred on September 9, 2009. At that meeting the Advisory Board informed the membership that they are seeking an increase in the benefit assessment levy and why such an increase is needed. The Advisory Board has prepared a factual piece for inclusion with the mailing of the Resolution of Intention to members. They are also planning to campaign for support of the increase by phone, personal contact and a mailing of their own. The Process Changes can be made to the boundary, membership, or levy of a BID at annual renewal or at any point during the operating year. Amendments during the operating year require adoption of a Resolution of Intention, mailing a copy of that Resolution to all BID members, publication of that Resolution in a paper of general circulation in the District, the conduct of a public meeting, the conduct of a public hearing for the purpose of protest and the adoption of an ordinance. Adoption of the attached Resolution begins the process by declaring the City Council's intention to raise.the benefit assessment levy and setting. the public meeting and public hearing dates. Environmental Review Staff recommends the City Council find that the BID levy increase resolution accompanying this staff report-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. Public Hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received from the owners of businesses within the District that pay fifty percent (50 %) or more of the total benefit assessment to be levied, no further proceedings to increase the benefit assessment levy shall be taken for a period of one (1) year from the date of the finding of a majority protest by the City Council. Further information regarding the proposed Business Improvement District increase in the annual benefit assessment levy may be obtained at the Newport Beach City.Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Attention: Leigh M. De Santis, Economic Development Administrator and City Liaison to the NBRA or by calling her at (949) 644 -3207. The City Clerk shall cause this Resolution of Intention to Increase the Benefit Assessment Levy and that Fixes the Date of the Public Meeting and of the Public Hearing to be published once in a newspaper of general circulation in the City at least seven (7) days prior to the Public Hearing and mailed to the members of the NBRA within seven (7) days of adoption. 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 2009. ATTEST: CITY CLERK MAYOR Resolution No. 09 -_ Restaurant Association BID Assessment Increase NEWPORT REAR 11"419111 ISS100149 Mayor Edward D -Sdirh Sep"Axr2009 The City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 Re: Restaurant Association BID BenerztAssessmenttevy Increase Request Dear Mayor Schch: The Newport Beach Restaurant Association BID, (NBRA) requests the City Council of Newport Beach to formally adopt a resolution to raise the annual benefit assessment levy for all NBRA BID members effective January e, 2010. The specific benefit assessment levy formula in this proposal was created by the NBRA BID Board of Directors. It will generate an approximate $25,000 of additional funds to the NBRA BID as suggested by the Newport Beach City Council in June 2009. The NBRA BID Board of Directors unanimously approved the proposal to increase the benefit assessment levy on July 29`x, 2009. The proposed new benefit assessment levy formula is: A. For establishments with ten (10) or fewer employees, the benefit assessment levied shall be a flat $95.00. B. For establishments with more than ten (10) employees and whose annual business license tax is $599.00 or I=, the benefit assessment levied shall be equal to 100 % of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $60.00. C. For establishments with more than ten (10) employees whose business license tax is $600.00 or greater the benefit assessment levied shall be equal to 100 percent of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $145.00. Despite current economic trends, the Newport Beach restaurant industry is the City's largest industry for employment it is also the leading sales tax revenue generator, producing over $4.65 million into the General Fund in 2008.. Restaurant Association BID programming is now more crucial than ever. It leverages the Citys investment in the economic welfare of the industry, provides specific benefit to individual Newport Beach restaurants, helps to brand our destination and generates incremental sales tax revenue. We would like to sincerely thank the City of Newport Beach for its supplemental investment in the NBRA BID and ongoing support of the restaurant industry. R e s p e c t !u Il y S u b m it r e d By. dke- a. Sheri A. Drewry President The Newport Beach Restaurant Association BID I"