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HomeMy WebLinkAbout11 - Newport Beach Restaurant Association Business Improvement DistrictSEW p w CITY OF as NEWPORT BEACH �q��oP City Council Staff Report Agenda Item No. 11 June 12, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Tara Finnigan, Public Information Manager A K.t APPROVED: 9 TITLE: Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in FY 2012 - 2013 ABSTRACT: The Newport Beach Restaurant Association Business Improvement District (NBRA BID) Board of Directors has submitted the BID's FY 2011 - 2012 Annual Report for Council approval and requested renewal of the BID for FY 2012 - 2013. RECOMMENDATIONS: 1. Approve the Newport Beach Restaurant Association Business Improvement District FY 2011 - 2012 Annual Report. 2. Adopt Resolution 2012 - 43, a Resolution of Intention to renew the Newport Beach Restaurant Association Business Improvement District and levy assessments in Fiscal Year 2012 - 2013 and set the public hearing date for June 26. 2012. FUNDING REQUIREMENTS: The City of Newport Beach, or its approved designee, collects the member 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 assessments, the City's proposed FY 2012 - 2013 budget includes sufficient funding for providing $38,000 in matching funds to the BID. Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in FY 2012 - 2013 June 12, 2012 Page 2 DISCUSSION: The 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 restaurant doing business within the boundaries of the City of Newport Beach. (Boundary Map is attached to the Resolution as Exhibit A.) The NBRA BID is nearing the end of its FY 2011 - 2012 and the Board of Directors has requested renewal of the BID for FY 2012 - 2013. Pursuant to the 1989 Law, an annual report must be prepared and a public hearing must be held prior to the BID's renewal. The NBRA BID Board of Directors, which serves in an advisory capacity to the City Council, has prepared and submitted the attached annual report (Attachment A) for the Council's review and approval. The report includes a summary of the BID's FY 2011 — 2012 accomplishments and revenues as well as its proposed activities and budget for the new fiscal year. The report does not contain recommendations to alter the BID boundaries or the method and basis for levying assessments. Therefore, City staff is recommending adoption of Resolution 2012 - 43, a Resolution of Intention to renew the Newport Beach Restaurant Association Business Improvement District (Attachment B) and levy assessments in Fiscal Year 2012 - 2013 and setting the public hearing date for renewing the NBRA BID for June 26, 2012. Staff also wishes to acknowledge Clinton Scott Palmer of BID Systems for his work in preparing the annual report and assistance in bringing this item forward for Council review. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQK) 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. 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). Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in FY 2012 - 2013 June 12, 2012 Page 3 Submitted by: Tara Finnigan Attachments: A. FY 2011- 2012 NBRA BID Annual Report & FY 2012 -2013 Priorities and Budget B. Resolution of Intention 2012 - 43 NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2011 -2012 ANNUAL REPORT This is the annual report for the sixteenth 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 1, 2012 to June 30, 2013 The NBRA BID will institute the following programs: Collateral Development: Creative. 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 republish 100,000 of the Newport Beach Dining Guide. Graphic design and production and the NBRA database updates will be accomplished using outside vendors. Ad sales, project management, and advertising coordination will be handled by outside vendors. An appropriate vendor for printing the guide will be selected. 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 System The BID will contract to 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 contract to 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 Visitor's 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 continue to provide a comprehensive website, including such features as Integrated NBRA Database Management, Real Time Restaurant Searching, Restaurants Menu Display (pdf), Multiple Image Display for Restaurants, Restaurant Online Reservations, Integrated Driving Directions, Banner Ad Manager, 1 -Click Export for all Dining Guide Data, Event Management - Restaurant Week, Direct Marketing Application to Restaurants & Consumers, Social Networking Campaigns & Blog Social Media Marketing & Internet Campaigns The BID will implement search engine optimization plans as well as Google & Facebook Ad Word Campaigns. E- newsletters, blogs, and other social networking programs will be instituted. Public & Media Relations Campaigns The BID will contract with the Business Wire Press Center to provide online PR services. Cooperative Marketing Campaigns The BID will contract with the Anaheim/Orange County Convention and Visitors' Bureau and the Anaheim Resort Transit Authority 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's Dinner and other special events. NBRA BID Professional Memberships The BID will maintain memberships with but not limited to the following entities: Anaheim Convention and Visitors' Bureau, California Restaurant Association, Newport Beach Chamber of Commerce, and Visit Newport Beach, Inc. Marketing & Association Management Fee The BID will contract with an appropriate outside vendor to handle marketing and public relations services. 2 Restaurant Week Cost Sharing The NBRA BID will provide ancillary funding for the January 2013 Newport Beach Restaurant Week in addition to whatever funds are allocated to the event by the City. Administration Fee Fees will be paid for postal mailings, bank fees, assorted insurances and other administrative costs. 3.) The Cost of These Activities Is Projected as Follows: Collateral Development: Creative, Production & Printing $ 1,000 Newport Beach Dining Guide $ 37,000 Dining Guide Distribution Plan $ 9,188 Phone Reservation System $ 5,000 Ad Campaign Creative Production and Design $ 4,000 Print & Online Media Advertising Campaigns $ 19,695 NBRA Website Development $ 11,500 Social Media Marketing & Internet Campaigns $ 15,000 Public & Media Relations Campaigns $ 3,500 Cooperative Marketing Campaigns In Kind NBRA Annual Meeting $ 3,000 Community Event Participation In Kind Restaurant Week Cost Sharing $ 60,000 NBRA BID Professional Memberships $ 1,070 Marketing & Association Management Fee: $ 30,000 Administration Fee $ 6,000 TOTAL $205,953 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 (I1) 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 Newport Beach 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 Newport Beach 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 Newport Beach Municipal Code, 3 providing that the penalty amount added shall in no event exceed one hundred percent (100 %) of the assessment amount due. 5.) Surplus Carryover from Fiscal Year 2011 -2012 The BID estimates that $30,000 will be carried over from Fiscal Year 2011 -2012 to Fiscal Year 2012 -2013. 6.) Sources of Contributions from Other than Levy The BID estimates that there will be approximately $38,000 contributed to the BID from the City of Newport Beach. In addition, the BID anticipates receiving $2,500 from sponsors of the annual luncheon and $21,000 from sponsors of the Dining Guide. 7.) Past Year Accomplishments The Fiscal Year of 2011 -2012 was a successful one for the NBRA BID. The NBRA BID instituted and completed the following projects and initiatives: • Developed and executed comprehensive strategic marketing and public relations plan of work branding Newport Beach as Southern California Premier Dining Destination. • Maintained an innovative user friendly web site and foodie blog with enhanced Search Engine Optimization plan, cutting edge technology, vertical media mix, social media campaign integration and online reservation system. • Organized, prepared, marketed and implemented the Annual Newport Beach Restaurant Week campaign in January 2012. • Republished the 2012 NBRA Dining Guide and maintained targeted cost effective distribution of 100,000 copies. • Maintained database and toll -free dining reservation system for all NBRA BID restaurants. • Developed and executed traditional, internet and social media marketing campaigns leveraging promotion of the Newport Beach Dining brand in and out of market. • Continue to develop partnership marketing opportunities, sponsorships and generate in -kind value as a top budget priority for the NBRA BID to stay competitive as marketing and operational costs continue to increase. • Integrated community partnerships, strategic marketing campaigns and cooperative programs with Visit Newport Beach, Anaheim CVB, Anaheim Rapid Transit, American Express, California Restaurant Association, Taste of Newport, Nestle Waters North America, Spreebird and numerous media outlets and sponsors. • Secured valuable in -kind media sponsorship and publicity generating visibility and brand awareness for Newport Beach Dining both in and out of market. 4 • Positioned Newport Beach dining brand and restaurants in the forefront of local patrons, travelers, media, restaurant industry leaders, decision makers and meeting event planners, in concert with Visit Newport Beach, Anaheim Convention and Visitor Bureau, Orange County Tourism Council and Visit California. • Co- sponsored industry- specific seminars (Serve Safe and ABC) and educational campaigns (DUI awareness & Best Practices, etc.) working in concert with the California Restaurant Association, City of Newport Beach, Newport Beach Chamber of Commerce and the NBRA BID membership. • Developed tangible ways to measure the effectiveness of the NBRA BID marketing plan of work based on increased restaurant sales and publicity through the media plan, dining guide distribution, website traffic, online and central reservation system usage and electronic surveys. Fiscal Year District Revenues During the fiscal year 2011 -12, the BID received approximately $115,102 in member assessments. The City provided $38,000 in matching funds. The BID was able to raise an additional $15,265 in various sponsorships for the Annual Meeting, Dining Guide participation, and other events. Total cash revenue for FY 2011 -2012 was approximately $168,276. The BID will spend by fiscal year end approximately $138,300 for approved activities. The BID's current account balance is approximately $89,000. It is anticipated that a year- end balance of approximately $30,000 will be carried over into the FY 2012 - 2013 budget. 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. 5 Newport Beach Restaurant Association Business Improvement District Priorities and Budget Outline July 1, 2012 — June 30, 2013 Revenues Amount Funds Available FY End 2011 - 2012 $ 30,000 Funds to be Collected FY 2012 -2013 $ 114,000 Anticipated Matching Funds from City $ 38,000 Anticipated Funds from Sponsorships 23,500 TOTAL AVAILABLE FUNDS $ 206,500 Priorities Amount Collateral Development: Creative, Production & Printing $ 1,000 Newport Beach Dining Guide $ 37,000 Dining Guide Distribution Plan $ 9,188 Phone Reservation System $ 5,000 Ad Campaign Creative Production and Design $ 4,000 Print & Online Media Advertising Campaigns $ 19,695 NBRA Website Development $ 11,500 Social Media Marketing & Internet Campaigns $ 15,000 Public & Media Relations Campaigns $ 3,500 Cooperative Marketing Campaigns In Kind NBRA Annual Meeting $ 3,000 Community Event Participation In Kind Restaurant Week Cost Sharing $ 60,000 NBRA BID Professional Memberships $ 1,070 Marketing & Association Management Fee: $ 30,000 Administration Fee $ 6,000 TOTAL EXPENDITURES $ 205,953 IN*id]11,1j9 Is] ►10[9�111]1110 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 NBRA Business Improvement District 2 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. ATTEST: Leilani Brown, City Clerk Attachment: Exhibit A (Boundary Map) Nancy Gardner, Mayor Resolution No. 2012 - 43 NBRA Business Improvement District ij It IF y A \1 / f NtVJC?f Beady \� N v S oQ Miles 0502912092' Restauianf9lD_Arnnd. costa Mesa / J ray a., I ; _ \ tit M�� Y R,4 Newport Beach Restaurant Association '` Business Improvement District :1 �r l it N� , ray a., I ; _ \ tit M�� Y R,4 Newport Beach Restaurant Association '` Business Improvement District :1 �r l it N� STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH/COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, June 16, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on June 22, 2012 at Los Angeles, California Signatureo-J IJ RESOLUTION NO. 2012-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTEN- TION TO RENEW THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESS- MENTS FOR THE FISCAL YEAR OF JULY 1, 2012 TO JUNE 30, 2013, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Marine Avenue Business Im- provement District was established in -1996 pursu- ant 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 Marine Avenue 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 Marine Avenue 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 Marine Avenue Business Improvement District (BID) for fiscal year 2012- 2013 pursuant to the 1989 Law. Section2: 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.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 BID shall be 100 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code if the business is located in a downstairs space; if upstairs, a flat $25.00 will be assessed. 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.Public area improvements and maintenance pro- grams 3.Promotion of public events that are to take place on or in any public places in the area 4.General promotion of retail trade activities 5.Administration. The implementation of these actions is more fully described in the Marine Avenue Business Im- provement 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: Generally the 200 and 300 blocks of Marine Avenue, 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 as this matter may be heard, in the Council Chambers located at 3300 Newport Boule- vard, 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 owner- ship 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 -newal may be obtained at the City Manager's r 6��liz -Ern.- 67 r.. a Office, 33uu Newport Bouievaro, 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. ATTEST: Nancy Gardner, Mayor /s/ Leilani Brown, City Clerk * Exhibit A (Boundary Map) can be viewed at the City Clerk's Office at 3300 Newport Boulevard, Newport Beach, CA 92663. Published Newport Beach/Costa Mesa Daily Pilot June 16 2019 0 i • • • 211:11111M, A STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH/COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, June 16, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on June 22, 2012 at Los Angeles, California 16 Signature , <_j.; JU 1-y /Z I11 1 Gtt RESOLUTION 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 IM- PROVEMENT 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 Asso- ciation Business Improvement District was estab- lished in 1996 pursuant to the Parking and Business Improvement Area Law of 1989, Califor- nia Streets and Highways Code, Section 36500 et seq., (hereinafter the "1989 Law"), which requires an annual report to lye 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 Dis- trict annual report was filed and approved by the City Council. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: b2Section 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 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. Markbting, 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 Asso- ciation 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 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 assess- ment. 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 I 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 Manaeer's ilffice, 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 [east 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•B&Vh at a regular meeting held on the 12th day of June, 2012. /s/ Nancy Gardner, Mayor ATTEST: /s/ Leilani Brown, City Clerk * Exhibit A (Boundary Map) can be viewed at the City Clerk's Office at 3300 Newport Boulevard, Newport Beach, CA 92663. Published Newport Beach/Costa Mesa Daily Pilot 11mee 16, 2019