The URL can be used to link to this page

Home My WebLink About2016-11 - Amending the Stakeholder Business Structure and Annual Assessments Levied for the Newport Beach Restaurant Association Business Improvement DistrictORDINANCE NO. 2016-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE STAKEHOLDER BUSINESS STRUCTURE AND ANNUAL ASSESSMENTS LEVIED FOR THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT WHEREAS, on November 13, 1995, the City Council of the City of Newport Beach ("City Council") adopted Ordinance No. 1995-55 establishing the Newport Beach Restaurant Association Business Improvement District ("NBRA BID") pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. (1989 Law"); WHEREAS, on November 24, 2009, the City Council adopted Ordinance No. 2009-26 that amended the NBRA BID's annual benefit assessment levy; 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" or "stakeholders" 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; 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; WHEREAS, on June 28, 2016, the City Council adopted Resolution No. 2016-81 declaring 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; WHEREAS, on June 28, 2016, the City Council adopted Resolution No. 2016-81, further declaring its intention to amend the NBRA BID's annual benefit assessments as described herein; WHEREAS, the City Council held a public meeting regarding the proposed amendment of the stakeholder structure and the annual benefit assessment levy on July 12, 2016, where the City Council solicited testimony from the public and members of the NBRA BID; and WHEREAS, the City Council has scheduled a public hearing on August 9, 2016, where members of the public and the NBRA BID are invited to give testimony and submit written protests regarding the proposed amendment of the stakeholder structure and the annual benefit assessment levy; and Ordinance No. 2016-11 Page 2 of 4 WHEREAS, there was no written majority protest under California Streets and Highways Code Section 36525 that would prevent the City Council from adopting this ordinance. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 1 of Ordinance No. 2009-26 is amended in its entirety and replaced with the following: The stakeholder structure in the Restaurant Association Business Improvement District shall include the following businesses: 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. Certified Farmer's Markets, mini -marts, yachts and charters, banquet facilities, private membership clubs, theaters, and gas stations shall be exempt from the Restaurant Association Business Improvement District's membership. Section 2: Section 2 of Ordinance No. 2009-26 is amended in its entirety and replaced with the following: The City Council levies, imposes, and order the collection of a benefit assessment levied upon persons conducting business within the Restaurant Association Business Improvement District. Such benefit assessment levied shall be as follows: A. Full service restaurant (e.g., with wait service) $600 B. Fast casual restaurant (e.g., place order at counter) $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: Section 3 of Ordinance No. 2009-26 is amended in its entirety and replaced with the following: The revised benefit assessment contained in this ordinance shall be effective September 9, 2016. The benefit assessment shall be collected from existing businesses in the NBRA BID by the City in one (1) pro -rated annual installment. The benefit assessment for stakeholder businesses established after September 9, 2016 shall be at the revised rate, pro -rated according to the number of full months remaining in the NBRA BID's fiscal year, starting on the day of the issuance of a business license by the City. Ordinance No. 2016-11 Page 3 of 4 Section 4: Section 4 of Ordinance No. 2009-26 is amended in its entirety and replaced with the following: The penalty for delinquent benefit assessment payments shall be twenty- five percent (25%) per month, provided that the penalty to be added shall in no event exceed fifty percent (50%) of the assessment amount due. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance 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 7: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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 to have a significant effect on the environment. Section 8: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in an ordinance related to the NBRA BID shall remain unchanged and shall be in full force and effect. Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. Ordinance No. 2016-11 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of July, 2016, and adopted on the 13th day of September, 2016, by the following vote, to -wit: AYES, COUNCILMEMBERS Council Member Peotter, Council Member Duffield, Council Member Selich Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS Council Member Curry DIME B. DIXON, MAYOR ATTEST: 1 I. BROWN, CITY CLERK APPROVED AS TO FORM: ORNiP CITY ATTORN -Y'S-OFFICE AARON C. HARP, CITY ATTORNEY 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 ordinance, being Ordinance No. 2016-11 was duly and regularly introduced on the 12th day of July, 2016, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of September, 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 Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None ABSENT: Council Member Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of September, 2016. CERTIFICATE OF PUBLICATION 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 Ordinance No. 2016-11 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: July 30, 2016 Adopted Ordinance: September 17, 2016 Oc*r- 2016. In witness whereof, I have hereunto subscribed my name this IUT day of � EWPp 0 c >- .6w— t: 6 w— H Leilani I. Brown, MMC U City Clerk City of Newport Beach, California q<I rO (Seal)