HomeMy WebLinkAbout2012-43 - Intent to Renew NBRA BID and Levy Assessments FY 12-13RESOLUTION 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 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
\'BRA Business Improvement District
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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
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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. X �>
ATTEST:
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Leilani Brown, City Clerk
Attachment: Exhibit A (Boundary Map))
Nancy Gardner; Mayor
Resolution No. 2012 - 43
NBRA Business Improvement District
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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 resolution, being Resolution
No. 2012 -43 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 12th day of June, 2012, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes: None
Absent: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13'" day of June, 2012.
abi - Nni�'
City Clerk
Newport Beach, California
(Seal)