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HomeMy WebLinkAbout2009-26 - Clarifying Membership and Establishing a New Annual Benefit Assessment Levy Commencing January 1, 2010 for the Restaurant Association Business Improvement DistrictORDINANCE NO. 2009-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CLARIFYING MEMBERSHIP AND ESTABLISHING A NEW ANNUAL BENEFIT ASSESSMENT LEVY COMMENCING JANUARY 1, 2010 FOR THE RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT WHEREAS, on September 22, 2009 the Restaurant Association Business Improvement District requested that the City Council consider increasing their annual benefit assessment levy; and WHEREAS, the City Council on September 22, 2009 adopted and ordered to be published a Resolution of Intention clarifying membership and declaring their intention to set a new benefit assessment levy for the Restaurant Association Business Improvement District effective January 1, 2010; and WHEREAS, the Resolution of Intention was mailed to all members of the Restaurant Association Business Improvement District on September 24, 2009 and published in the Daily Pilot on September 26, 2009; and WHEREAS, the City Council held a public meeting regarding the membership clarification and the proposed benefit assessment levy on October 13, 2009 where the City Council solicited testimony from the public and members of the Restaurant Association Business Improvement District; and WHEREAS, the City Council held a public hearing on November 10, 2009 where members of the public and the Restaurant Association Business Improvement District were invited to give testimony and submit written protests regarding the membership clarification and proposed benefit assessment; and 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. L.. NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: SECTION 1: Membership in the Restaurant Association Business Improvement District 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 the Restaurant Association Business Improvement District's membership. SECTION 2: The City Council levies, imposes and orders 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. 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°/x) 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 3: The increased benefit assessment contained in this ordinance shall be effective January 1, 2010. The benefit assessment increase shall be collected from existing businesses in the Restaurant Association Business Improvement 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 Restaurant Association Business Improvement District's fiscal year, starting on the day of the issuance of a business license by the City. SECTION 4: The penalty for delinquent benefit assessment 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 5: Except as otherwise amended in this ordinance all other aspects of the Restaurant Association Business Improvement District shall remain unchanged and continue in full force and effect. SECTION 6: The City Council finds that this ordinance 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 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of November, 2009, and adopted on the 24th day of November, 2009, by the following vote, to wit: AYES, COUNCILMEMBERS Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich NOES, COUNCILMEMBERS None A ^. la1^1I R•r•AM Mn APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY DAVID R. HUNT, 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. 2009 -26 was duly and regularly introduced on the 10th day of November, 2009, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of November, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of November, 2009. (Seal) STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } City Clerk City of Newport Beach, California 'ERTIFICATE OF PUBLICATION I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2009 -26 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 daily newspaper of general circulation on the following date, to wit: November 28, 2009. In witness whereof, I have hereunto subscribed my name this day of �Mmkr 2009. c �n� VY 1� City Clerk City of Newport Beach, California