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Home My WebLink About2016-81 - Declaring Its Intention to Amend the Stakeholder Business Structure and Annual Assessments Levied for the Newport Beach Restaurant Association Business Improvement District and Fixing the Time and Place of a Public Meeting and A Public Hearing TRESOLUTION NO. 2016-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO AMEND THE STAKEHOLDER BUSINESS STRUCTURE AND ANNUAL ASSESSMENTS LEVIED FOR THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON WHEREAS, the Property and Business Improvement Law of 1989, Streets and Highways Code Sections 36500 et seq. ("1989 Law"), authorizes cities to establish property and business improvement districts for the purpose of promoting business activities which benefit the stakeholder businesses; WHEREAS, on November 13, 1995, the Newport Beach City Council adopted Ordinance No. 1995-55 establishing the Newport Beach Restaurant Association Business Improvement District ("NBRA BID") pursuant to the 1989 Law; WHEREAS, on September 22, 2009, the Newport Beach City Council amended the NBRA BID's annual benefit assessment levy by adopting Ordinance No. 2009-26; WHEREAS, in past years, the NBRA BID referred to businesses within the NBRA BID as "members" or "member businesses", the NBRA BID Advisory Board of Directors thinks it is appropriate to use the term "stakeholder businesses" going forward to refer to businesses located within the NBRA BID; WHEREAS, the 1989 Law allows the City Council to amend the benefit assessment levied on stakeholder businesses within the NBRA BID; and WHEREAS, the NBRA BID Advisory Board of Directors has requested that the City Council amend the stakeholder business structure and assessments levied on its stakeholder businesses. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council declares its intention to amend the stakeholder structure to include the following businesses within the NBRA BID: 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 type of food related business. Resolution No. 2016-81 Page 2 of 3 Section 2: The City Council further declares its intention to amend the NBRA BID's annual benefit assessments as follows: A. Full service restaurant $600 B. Fast casual restaurant $500 C. Grocery or market $500 D. Coffee, tea or specialty shop $150 E. Dessert, bakery or treats $150 F. Juice bar or smoothie shop $150 G. Catering company $150 Section 3: The time and place for a public meeting on the amendment of the NBRA BID is set for 7 p.m. or as soon thereafter as the matter may be heard on July 12, 2016, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 4: The time and place for a public hearing on the amendment of the NBRA BID is set for 7 p.m. or as soon thereafter as the matter may be heard on August 9, 2016, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 5: The City Clerk is directed to provide notice of the public meeting and public hearing in accordance with Streets and Highways Code Sections 36523 and 36541. Section 6: 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 7: 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. Resolution No. 2016-81 Page 3 of 3 Section 8: 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 28`h day of June, 2016. ATTEST: �G A-�- Vne B. Dixon Mayor d&V\' Leilani I. Brown City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. 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. 2016-81 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 28`h day of June, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291h day of June, 2016. Jk �b�, MMC City Clerk Newport Beach, California (Seal)