HomeMy WebLinkAbout2009-68 - Restaurant Association Business Improvement DistrictRESOLUTION 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 et 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
et 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.
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 Farmers
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, Califomia, 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:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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 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.
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3d Cler GL6Py
Newport Beach, California
(Seal)
L� Ll KA RtSauna+ NO. 200114t
�L A RESu,:slON OF THE CITY COUNCIL Of THE
7 CITY OF NEWPORT REACH DECLARING ITS
Authorized to Publish A h,misemenls of all kinds including public notices by INTENTION TO INCREASE THE ANNUAL 1111
Durce of the Superior Court of Orange County. Califaxnla. No �y♦ r'� r BEACH ASSESSMENT
ESTAURANT ASSOCIATION BUSINESS
September 29, 1901, an(1 A -21531 June I I. 1903.�j -C 11 /f.. D IMPROVEMENT DISTRICT AND FIXING THE
�-! L L TIME AND PLACE Of A PUBLIC MEETING AND
A PUBLIC NEARING THEREON AND &VINO
NOTICE THEREOF
n OCT _Sit AM ID 04 WHEREAS, the Property and Business Im
WHEREAS law of open Streets and HIM, Im IN
PROOF OF PUBLICATIO Code § 36500 at tea.. aulhariEe, Claw, to
establish property and business improvement
_ districts far the purposes of promoting business
(� activities which benefit the member businesses'.
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates,
September 26. 2009
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on October 1, 2009 at
Costa Mesa, California.
Signatur
WHEREAS, the Newport Beach Restaurant
B`y,�y.I Association Business Improvement Distncl
Y1,vr1 (NBRA) was established in 1996 purwant to
the Padln{{ and Business Jinni oremanf Area
law of Pall .and Stretb and Highways
Code. Section 36500 at seq. (-Act'): and
WHEREAS, the Act allows the City Council to
increase the beheld assessment levied on
businesses within the NBRA during the operat-
WkilMAS, the Adnsory Board of the NBRA has
requested that the City Council declare its
Z entlan, to increase the benefit assessment
md on member businesses, effective January
NOW, THEREFORE, the City Council of the City
of Newport Beach resolves as follows:
Solution It The Cley Council hereby declares
its intention to amend and increase the annual
benefit assessment lowed on the NBRA com
mencing for the period at January 1, 2010
4 pwsuaht to the Act.
Socelew 21 The boundaries of the NBRA shall
remain the boundaries of the City of Newport
Beach
SMlow h Membership in the NBRA shall
remain any food service business within the
boundaries of the City of Newpat Beach . such
as restaurants. groceries widn a dine in or
i
take -out food service. min marls. gas stations
with takeout food service, antl bars serving
food Effective January 1, 1010, cerhhad Farm -
ei s Markets and bars with Only a Psrl 48 ABC
.cerise from the State shall be exempt Irom
Soalloo At 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 assess
must levied shall be as follows:
A. For eslabhsnmenls with ten (10) or fewer
employees. the benefit assessment levied shall
be a flat Ninety Five Dollars (595.00)
B Fm establishments with more than ten (10)
employees and whose annual business license
Ia. is Five Hundred Ninety Nine Dollars
(SS"OO) or less. the benefit assessment levied
shall be equal to one hundred percent (100 %)
a1 the City's annual business license tax as
established pursuant to Chapter 5 08 of the
Municipal Code and an additional Slaty Dollars
(360 00)
C. For establishments with more than ten (10)
employees whose business license tax is Su
Hundred Dollars (5600.00) or more, the benefit
assessment levied shall be equal to one hundred
percent 1100%) of the City's annual business
license tae as established pursuant to Chapter
5 OB of the Municipal code and an additional
One Hundred Forty Five Dollars ($145.00).
foeMOw 31 The increase proposed by this
Resolution if adopted by Ordinance following
the Public Nearing shat be effective January 1,
2010. The aenetit assessment increase shall be
collected from easing businesses in the
District by the City in one (1) prorated annual
Installment The benefit assessment Is, bush
nesses established after January 1. 2010 shall
be at the increased rate, pro -rated accormng
To the number of full months remaining m the
ID'sinct's fiscal year. starting on the day of the
ssuance of a business license by the CRYMlon Al The penally for delinquent Payments
hall continue to be twenty five percent (25%1
per month. providing that the Penalty to be
added shall in no event exceed one hundred
P (100 %) of the assessment amount due.
East"" 71 The Improvements and activities so
be funded by the benefit assessments are not
changed, and shat include only the following
1. Marketing. advertising and public ralatwns
2. Brochure development and distribution.
3. Promotion of public events.
4. The general promotion of food seance
business activities.
5. Educational and training classes for mom
aar 1.1moentatian of a Restaurant Wool
Ibvshms in rat
to Promote dining m
IT FURTH[* R[SULVIO that
e City Council of the City of Newport Beach
III conduct a public meeting an Octobia 13.
)9 at 7'. 00 p m. Or as soon thereafter as this
Let may be considered, in the Councd
ambers located at 3300 Newport Boulevard.
export Beach, California to hear public cam
of regarding an increase in the annual
refit assessment levy.
a City Council shall conduct a Public Nearing
Nave -be, 10. 2009 at 7.00 p. m., or as sour
rattler as this matter may be heard, in the
on col Chambers located at 3300 Newport
ulevard. Newport Beach. California, at whist
ie the Council will heal all interested parsons
or against the increase in the benefit
:essment levy and the extent of the District
Aests may be made orally at in writing, but
written shall be Bled with the City Clerk at
before the time fixed for the Public Hearing
1 contain sufficient documentation to verily
smess ownership and validate the parbculm
)test. If written protests are received from
owners of businesses within the Distncl
of pay fifty percent (50'6) or more at Ilia
al benefit assessment to be owned. no further
rceedings to increase the benefit assessmen:
y shall be taken for a period of one (1) year
in the date of the finding at a majority
)test by the City Council.
Oct information regarding the propastl
swess Irawaverm nt District increase in the
nual benefit assessment levy may be at
,led at the Newport Beach City Nall, 3300
wport Boulevard. Newport Beach, California.
358. Attention: Leigh M. De Santos. Economn:
velopment Adminslral and City Umsun tc
NBRA or by calling her at (949) 644 -3207.
B City Clark shall cause this Resolution at
entiori to Increase the Benefit Assessment
ry and that Fixes the Date of the Public
along and of the Pub:m Nearing to be
ohshed once in a newspaper of glnaai
culation in the City at least seven (7) days
or to the Public Hearing and mailed to tie
minus of the NBRA within seven (7) days
s Resolution shall take effect immediately
on adoption Passed and adopted by the City
uncn of the City of Newoorl Reach at a
tular me m(( held on the 22nd day at
otember. 2009.
RN
f Newport BeachiCosta Mesa