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