2016-11 - Amending the Stakeholder Business Structure and Annual Assessments Levied for the Newport Beach Restaurant Association Business Improvement District

ORDINANCE 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