Loading...
HomeMy WebLinkAbout03 - Increasing the Benefit Assessment Levy of NBRAfin. II- z� -n'f CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 November 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator 949 -644 -3207, Idesantis @newportbeachca.gov SUBJECT: First Reading of Ordinance No. 2009-_ Increasing the Benefit Assessment Levy of the Newport Beach Restaurant Association Business Improvement District (NBRA BID) RECOMMENDATION: 1. Conduct public hearing; and 2. Introduce Ordinance No. 2009 -_ setting the new benefit assessment to be levied, and pass to second reading on November 24, 2009. DISCUSSION: On September 22, 2009 the City Council began the process of modifying the benefit assessment levy by adopting a Resolution of Intention detailing the membership of, location of, and the proposed benefit assessment levy for the Newport Beach Restaurant Association Business Improvement District. The report for that meeting, with additional background information, is attached. On October 13, 2009 the City Council conducted the required Public Meeting on the proposed increase In the benefit assessment to be levied. No one spoke on the issue. As of this writing the City has received two letters of protest on behalf of four restaurants. The letters are attached. For a protest to be successful it must represent 50% or more of the dollar value of the total benefit assessment proposed to be levied. The proposed total benefit assessment levy will be $121,837. Fifty percent of that amount is $60,818.50. These four restaurants' combined assessments will total $3,498 or 2.875 %, which is not enough to prohibit (he City Council from taking action on the proposed benefit assessment levy increase. Public Hearing NBRA BID November 10, 2009 Page 2 Scott Palmer of BID Systems Inc, the City's contractor that administers the billing for the BIDs, will be present at the public hearing with a listing of all of the NBRA BID members and their proposed benefit assessment levies. Should additional written protests be received at the meeting, Mr. Palmer will be able to calculate the dollar value of those protests so that the City Council will be able to determine if they may take action on the proposed increase. The next and final steps in the process of amending the benefit assessment levy, for the first time in 14 years, are to conduct a Public Hearing and begin the Ordinance adoption process by having first reading of the attached Ordinance No. 2009 - Seconding reading would be schedule for November 24th and the Ordinance would become effective 30 days later putting it in place in time for the new benefit assessment levies to be effective January 1, 2010. Environmental Review The establishment of a new benefit assessment levy does not meet the definition of "Project" in the California Environmental Quality Act, in that it is the creation of a government funding mechanism. No environmental review is required. Public Notice: Notice was published in the Daily Pilot on Saturday, September 26, 2009. The Notice was for both the Public Meeting held on October 10, 2009 and this Public Hearing, which required 45 days notice. In addition, those businesses that would be effected by an increase in the benefit assessment levy were sent written notice by mail on September 24, 2009. Prepared by: Submitted by: L igh W De Santis, Sharon Z. Woo Economic Development Administrator Assistant City ager Attachments: Ordinance No. 2009 - Resolution No. 2009 -68 September 22, 2009 report to the City Council October 10, 2009 report to the City Council Letters of Protest Rol RESOLUTION 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 at 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 Farmer's 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 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. e�rrnn �� lt-- -� GLE.� .id Cler Newport Beach, California (Seal) -1 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator ldesantis@newportbeachca.gov SUBJECT: Restaurant Association Business Improvement District Mid -Year Benefit Assessment Levy Increase: Adoption of Resolution of Intention to Raise the Annual Benefit Assessment Levy and Fixing the Dates of the Public Meeting and the Public Hearing ISSUE: Increase the benefit assessment levy for the Newport Beach Restaurant Association BID (NBRA), to be effective January 1, 2010. RECOMMENDATION: Adopt the Resolution of Intention to increase the annual benefit assessment levy effective January 1, 2010 and also sets the Public Meeting for October 13, 2009 and sets the Public Hearing for November 10, 2009. DISCUSSION: Background: When the City Council approved an increase in supplemental funds to the NBRA in June, it requested the NBRA to seek a comparable increase in its benefit assessment levy by mid- year. The City Council suggested that on an annual basis the new benefit assessment levy formula should generate an additional $25,000. The basic benefit assessment levied on NBRA members has not been changed by Council action since inception of the BID in 1996. NBRA members with fewer than eleven (11) employees have been paying the same flat rate benefit assessment of fifty dollars per year Restaurant Association BID Levy Increase September 22, 2009 Page 2 ($50 /yr) for fourteen years. NBRA members with greater than ten (10) employees, whose benefit assessment is equal to 100% of their business license tax, have experienced an approximate 35% increase as the basic business license tax has increase from $121 plus $8 per employee to $151 plus $15 per employee over the same fourteen year period. This imbalance of the benefit assessment levy, increased costs over fourteen years, and the expansion of the NBRA programs to benefit members, and the Council's direction have all led the NBRA Advisory Board to propose a new benefit assessment levy formula for members. A letter from the NBRA Advisory Board requesting an increased is attached. The Proposed New Benefit Assessment Levy The proposed new benefit assessment levy formula is: A. For establishments with ten (10) or fewer employees, the benefit assessment levied shall be a flat $95.00. B. For establishments with more than ten (10) employees and whose annual business license tax is $599.00 or less, the benefit assessment levied shall be equal to 100 % of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $60.00. C. For establishments with more than ten (10) employees whose business license tax is $600.00 or greater the benefit assessment levied shall be equal to 100 percent of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $145.00. As of July 1, 2009 the NBRA had 369 members; the number fluctuates during the year and from year to year. Prior to this proposal there were only two benefit assessment levy formulas. As part of the increase the higher formula has been divided into two. The 185 members assessed according to the benefit assessment levy formula in "A" above make up approximately 50% of the membership but have paid only 10% of the total benefit assessment collectively for the last several years. The increased benefit assessment levy will generate an additional $8,325 and raise their share of the total benefit assessment to 16 %. The 141 members to be assessed according to the benefit assessment levy formula in "B" above make up approximately 38% of the membership. The 43 members to be assessed according to formula in "C" above make up approximately 12% of the membership. Together this 50% of the membership has been paying 90% of the total benefit assessment; under the new formula they will pay 84% of the total benefit assessment. The new benefit assessment levy formulas will raise $8,460 from formula B members and $6,235 from formula "C" members. Restaurant Association BID Levy Increase September 22, 2009 Page 3 Altogether the increased benefit assessment levies will generate an additional $23,022. Projected business license tax increases are estimated to generate another $1,567 for a total of $24,598 in new benefit assessment levied. The Advisory Board believes this essentially reaches the target set by the City Council. The attached Resolution also uses greater specificity in the language used to identify BID membership. It does not actually add new members but it does specifically exclude bars with only a Part 48 ABC license from the State and certified Farmer's Markets such as Corona del Mar Farmer's Market. A Part 48 license is for the sale of alcohol and excludes food service. Outreach to NBRA Members The Annual Meeting of the NBRA occurred on September 9, 2009. At that meeting the Advisory Board informed the membership that they are seeking an increase in the benefit assessment levy and why such an increase is needed. The Advisory Board has prepared a factual piece for inclusion with the mailing of the Resolution of Intention to members. They are also planning to campaign for support of the increase by phone, personal contact and a mailing of their own. The Process Changes can be made to the boundary, membership, or levy of a BID at annual renewal or at any point during the operating year. Amendments during the operating year require adoption of a Resolution of Intention, mailing a copy of that Resolution to all BID members, publication of that Resolution in a paper of general circulation in the District, the conduct of a public meeting, the conduct of a public hearing for the purpose of protest and the adoption of an ordinance. Adoption of the attached Resolution begins the process by declaring the City Council's intention to raise the benefit assessment levy and setting the public meeting and public hearing dates. Environmental Review: Staff recommends the City Council find that the BID levy increase resolution accompanying this staff report 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. Funding Availability: This is a levy assessed on members of the BID. Prepared by: Leigh M. De Santis Economic Development Administrator Attachment: Resolution 2009 - Letter from the Advisory Board Restaurant Association BID Levy Increase September 22, 2009 Page 4 Submitted by: Sharon Z. Wood Assistant City Manager CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator 949 - 644 -3207, Idesantis @newportbeachca.gov SUBJECT: Public Meeting on Proposed Increase to the Benefit Assessment Levy of the Newport Beach Restaurant Business Improvement District (NBRA) RECOMMENDATION: Receive public comments from anyone wishing to speak on the proposed increase to the benefit assessment levy of the NBRA. DISCUSSION: Background: The 1989 PBID Law requires that if any of the terms of a BID are to be changed mid -year, as part of the process the City Council must conduct both a public meeting and a subsequent Public Hearing prior to taking any action on the proposed change. Attached is the September 22, 2009 report to the City Council explaining the NBRA's proposed increase of the benefit assessment levy, including the Resolution of Intention adopted by the City Council at that meeting. Public Notice: Notice was published in the Daily Pilot on Saturday, September 26, 2009. Notice published was for both this public meeting and the November 10, 2009 Public Hearing, which requires 45 days notice. In addition, all members of the NBRA were sent by US mail a copy of the Resolution of Intention and a cover letter notifying them of both the public meeting and the November 10, 2009 Public Hearing, and providing the levy formula in sufficient detail for them to calculate their benefit assessment. Prepared by: Submitted by: Leigh M. De Santis, Sharon Z. Wood, Economic Development Administrator Assistant City Manager Attachments: September 22, 2009 report to the City Council i THE DUSSIN GROUP September 30, 2009 City of Newport Beach Planning Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 926SB -8915 RE: RESOLUTION NO. 2009 -66 To Whom It May Concern: gECE1VSD BY PLpNN1NG DEPARTMENT 0c, 0 5 2009 CITY OF -NEWPORT BEACH This letter is written to protest Resolution No. 2009 -68, a proposal to increase the annual levy assessed to our business within the city of Newport Beach. Below is the name and address of the business: OSF International, Inc DBA -The Old Spaghetti Factory 2110 Newport Boulevard Newport Beach, CA 92660 Based on last year figures, we paid $744.00 to the City of Newport. With the proposed increase, our annual fee would be $1.280.00. This is a 72% increase, which we think is excessively high. Thank you for your attention in this matter. Regaa�rds, cl Glenda Wong Controller H I LLSTOtfECEIVED R E S T A U R A N T G R O U P 21114 OCT 16 AN 9-- 55 OFHCE OF October 12, 2009 TIC CITY C! ERK CITY C' F4RY °OAT BEACH City Clerk's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Sir or Madam: I am writing in regards to the Newport Beach Restaurant Association's proposed increase to the annual Business Improvement District levy, scheduled for Public Hearing on November 10, 2009. Hillstone Restaurant Group, Inc. opposes this increase on behalf of our three locations within the district, Gulfstream, Corona del Mar Houston's and Caf6 R &D. It is our belief that the additional taxes will be used to cover expenditures that either will not directly benefit our restaurants, or that we prefer to pay for directly so as to receive the maximum impact to our business. Therefore, the increase is not in our best interests. Please feel free to contact me with any questions at 602- 553 -2131, or BetKanv.And rews(o)hilistone.com. Sincerely, 6y�a Bethany Andrews Financial Accountant Enclosures (3): City of Newport Business Licenses for Gulfstream, Corona del Mar Houston's, and Cafb R&D. (�� b�✓ HILLSTONE RESTAURANT GROUP • 2425 EAST CAMELBACK ROAD SUITE 200 • PHOENIX, AZ 85016 602.553.2111 • WWW.HILLSTONE.COM - FAX 602.553.2170 yi. CITY OF NEWPORT BEACH m CAPE R & D 2425 E CAMELBACR RD #200 PHOExix, AZ' . 85016 INSTRUCTIONS AND CONDITIONS ACCOUNT NUMBER: BT30002843 EXPIRATION DATE: 09/3012010 Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately If any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro-rated. Refunds are not provided once the certificate has been issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (1,e. from a sole proprietorship to a.partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are Imposed for late renewal at a rate of 25Y per month to a maximum of 1000/6 of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e-mail us at: RevenueHelp @alty.newport- beach.ca.us, or visit us on the Intemet at www city newoort-beach oa us and view the Municipal Code on-fine. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED THIS TAX PAYMENT EXPIRES. CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE 09/30/2010 ACCOUNTNUMBER:' BT30002843 SERVICE ADDRESS: CAFE R 555 NEWPORT CENTER DR °� r'• ±. y NEWPORT BEACH CA 92660. a BUSINESS CATEGORY: s, RATING PLACES, RESTAURANTS SELLERS PERMIT: NO SELLERS OWNER/PRINCIPAL NAME: HOUSTONS RESTAURANTS OWNERSHIP TYPE: CORPORATION TAX INCLUDES PAYMENT FOR: 133.00 EMLOYEES . DATE OF ISSUE: 09/03/2003 PRINT DATE:' 10/01/2009 CITY OF NEWPORT BEACH O � F a , 9tlto nN HOUSTONS REST INC DBA BANDERA ATTN: LICENSING AND PERMITS 2425 E CAMELBACX RD '#200 PHOENIX, AZ 85016 ACCOUNT NUMBER: BT96010618 EXPIRATION DATE: 08/31/2010 INSTRUCTIONS AND CONDITIONS Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately it any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro - rated. Refunds are not provided once the certificate has been issued. Your.business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew, Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 100 % of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e-mail us at: RevenueHelp @citynewport- beach.ca.us, or visit us on the internet at www.city.newoort- beach.f as u and view the Municipal Code on-line- DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEMWRT BEACH BUSINESS TAX CERTIFICATE TH'IS TAX PAYMENT EXPIRES: 08/31/2010 ACCOUNTNUMBER: BT96010618 t. OWNER/PRINCIPAL NAME: SERVICE ADDRESS: - 40VSTONS ]TEST INC DBA BANDERA - HOUSTON'S RESTAURANTS INC 3201 COAST H14Y E OWNERSHIP "CYPE: ;COKONA DELMARi;CA 92625 . t # ?,'A � �` CORPORATIO N 13USiN 'SS CATEGORY: TAX INCLUDES PAYMENT FOR: EATING PLACES, RESTAURANTS 4 68.00 EMPLOYEES SELLERS PERMIT: 030698677 DATE Of'- ISSUE: 09/01/1996 PRINTDATE: 09/10/2009 t. e�EW POR �; r 9G re RNA CITY OF NEWPORT BEACH GULFSTREAM RESTAURANT ACCOUNTNUMBER: BT98040186 ATTN. LICENSING AND PERMITS 2425 E CAMELBACR RD #200 .EXPIRATION DATE: 01/31/2610 PHOENIX, AZ 85016 INSTRUCTIONS AND CONDITIONS Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro - rated. Refunds are not provided once the certificate has been issued. Your businesstax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a .maximum of 100% of the base fax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e-mail us :at: RevenueHelp @city.newpod- beach.ca.us, or visit us on the internal at www.cilynewport-bracb,ca.us and view the Municipal Code on -line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THISTAX PAYMENT EXPIRES: 01/31/2010 ACCOUNT NUMBER: BT98040186 850 AVOCADO AVE NEWPORT BEACH CA 92660 BUSINESS CATEGORY: EATING PLACES, RESTAURANTS SELLERS PERMIT: 030698677 0 OWNER/PRINCIPAL NAME: GULFSTREAM RESTAURANT OWNERSHIP TYPE: CORPORATION TAX INCLUDES PAYMENT FOR: 176.00 EMPLOYEES DATE OF fSSUE: 'PRINT DATE: 02/05/1999 02/05/2009 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT aen r) J0 -0q Agenda Item No. 17 October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator 949 -644 -3207, Idesantis@newportbeachca.gov SUBJECT: Public Meeting on Proposed Increase to the Benefit Assessment Levy of the Newport Beach Restaurant Business Improvement District (NBRA) Receive public comments from anyone wishing to speak on the proposed increase to the benefit assessment levy of the NBRA. DISCUSSION: Background: The 1989 PBID Law. requires that if any of the terms of a BID are to be changed mid -year, as part of the process the City Council must conduct both a public meeting and a subsequent Public Hearing prior to taking any action on the proposed change. fired is the September 22, 2009 report to the City Council explaining the NBRA's proposed rase of the benefit assessment levy, including the Resolution of Intention adopted by the Council at that meeting. Notice was published in the Daily Pilot on Saturday, September 26, 2009.. Notice published was for both this public meeting and the November 10, 2009 Public Hearing, which requires 45 days notice. In addition, all members of the NBRA were sent by US mail a copy of the Resolution of Intention and a cover letter notifying them of both the public meeting and the November 10, 2009 Public Hearing, and providing the levy formula in sufficient detail for them to calculate their benefit assessment: by: Submitted by: G'K h-.,e� )e Santis, Shar�ood, Development Administrator Assistant City Man er its: September 22, 2009 report to the City Council CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator 949 - 644 -3207, Idesantis @newportbeachca.gov SUBJECT: Public Meeting on Proposed Increase to the Benefit Assessment Levy of the Newport Beach Restaurant Business Improvement District (NBRA) RECOMMENDATION: Receive public comments from anyone wishing to speak on the proposed increase to the benefit assessment levy of the NBRA. DISCUSSION: Background: The 1989 PBID Law requires that if any of the terms of a BID are to be changed mid -year, as part of the process the City Council must conduct both a public meeting and a subsequent Public Hearing prior to taking any action on the proposed change. Attached is the September 22, 2009 report to the City Council explaining the NBRA's proposed increase of the benefit assessment levy, including the Resolution of Intention adopted by the City Council at that meeting. Public Notice: Notice was published in the Daily Pilot on Saturday, September 26, 2009. Notice published was for both this public meeting and the November 10, 2009 Public Hearing, which requires 45 days notice. In addition, all members of the NBRA were sent by US mail a copy of the Resolution of Intention and a cover letter notifying them of both the public meeting and the November 10, 2009 Public Hearing, and providing the levy formula in sufficient detail for them to calculate their benefit assessment. Prepared by: Submitted by L igh W. De Santis, Sharon 2. Wood, Economic Development Administrator Assistant City Man er Attachments: September 22, 2009 report to the City Council CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator ldesantis@newportbeachca.gov SUBJECT: Restaurant Association Business Improvement District Mid -Year Benefit Assessment Levy Increase: Adoption of Resolution of Intention to Raise the Annual Benefit Assessment Levy and Fixing the Dates of the Public Meeting and the Public Hearing ISSUE: Increase the benefit assessment levy for the Newport Beach Restaurant Association BID (NBRA), to be effective January 1, 2010. RECOMMENDATION: Adopt the Resolution of Intention to increase the annual benefit assessment levy effective January 1, 2010 and also sets the Public Meeting for October 13, 2009 and sets the Public Hearing for November 10, 2009. DISCUSSION: Background: When the City Council approved an increase in supplemental funds to the NBRA in June, it requested the NBRA to seek a comparable increase in its benefit assessment levy by mid- year. The City Council suggested that on an annual basis the new benefit assessment levy formula should generate an additional $25,000. The basic benefit assessment levied on NBRA members has not been changed by Council action since inception of the BID in 1996. NBRA members with fewer than eleven (11) employees have been paying the same flat rate benefit assessment of fifty dollars per year Restaurant Association BID Levy Increase September 22, 2009 Page 2 ($50 /yr) for fourteen years. NBRA members with greater than ten (10) employees, whose benefit assessment is equal to 100% of their business license tax, have experienced an approximate 35% increase as the basic business license tax has increase from $121 plus $8 per employee to $151 plus $15 per employee over the same fourteen year period. This imbalance of the benefit assessment levy, increased costs over fourteen years, and the expansion of the NBRA programs to benefit members, and the Council's direction have all led the NBRA Advisory Board to propose a new benefit assessment levy formula for members. A letter from the NBRA Advisory Board requesting an increased is attached. The Proposed New Benefit Assessment Le The proposed new benefit assessment levy formula is: A. For establishments with ten (10) or fewer employees, the benefit assessment levied shall be a flat $95.00. B. For establishments with more than ten (10) employees and whose annual business license tax is $599.00 or less, the benefit assessment levied shall be equal to 100 % of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $60.00. C. For establishments with more than ten (10) employees whose business license tax is $600.00 or greater the benefit assessment levied shall be equal to 100 percent of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $145.00. As of July 1, 2009 the NBRA had 369 members; the number fluctuates during the year and from year to year. Prior to this proposal there were only two benefit assessment levy formulas. As part of the increase the higher formula has been divided into two. The 185 members assessed according to the benefit assessment levy formula in "A" above make up approximately 50% of the membership but have paid only 10% of the total benefit assessment collectively for the last several years. The increased benefit assessment levy will generate an additional $8,325 and raise their share of the total benefit assessment to 16 %. The 141 members to be assessed according to the benefit assessment levy formula in "B" above make up approximately 38% of the membership. The 43 members to be assessed according to formula in "C" above make up approximately 12% of the membership. Together this 50% of the membership has been paying 90% of the total benefit assessment; under the new formula they will pay 84% of the total benefit assessment. The new benefit assessment levy formulas will raise $8,460 from formula B members and $6,235 from formula "C" members. Restaurant Association BID Levy Increase September 22, 2009 Page 3 Altogether the increased benefit assessment levies will generate an additional $23,022. Projected business license tax increases are estimated to generate another $1,567 for a total of $24,598 in new benefit assessment levied. The Advisory Board believes this essentially reaches the target set by the City Council. The attached Resolution also uses greater specificity in the language used to identify BID membership. It does not actually add new members but it does specifically exclude bars with only a Part 48 ABC license from the State and certified Farmer's Markets such as Corona del Mar Farmer's Market. A Part 48 license is for the sale of alcohol and excludes food service. Outreach to NBRA Members The Annual Meeting of the NBRA occurred on September 9, 2009. At that meeting the Advisory Board informed the membership that they are seeking an increase in the benefit assessment levy and why such an increase is needed. The Advisory Board has prepared a factual piece for inclusion with the mailing of the Resolution of Intention to members. They are also planning to campaign for support of the increase by phone, personal contact and a mailing of their own. The Process Changes can be made to the boundary, membership, or levy of a BID at annual renewal or at any point during the operating year. Amendments during the operating year require adoption of a Resolution of Intention, mailing a copy of that Resolution to all BID members, publication of that Resolution in a paper of general circulation in the District, the conduct of a public meeting, the conduct of a public hearing for the purpose of protest and the adoption of an ordinance. Adoption of the attached Resolution begins the process by declaring the City Council's intention to raise the benefit assessment levy and setting the public meeting and public hearing dates. Environmental Review: Staff recommends the City Council find that the BID levy increase resolution accompanying this staff report 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. Funding Availability: This is a levy assessed on members of the BID. Prepared by: Leigh M. De Santis Economic Development Administrator Attachment: Resolution 2009 - Letter from the Advisory Board Restaurant Association BID Levy Increase September 22, 2009 Page 4 Submitted by: Sharon Z. Wood Assistant City Manager RESOLUTION 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 at 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 at 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. r 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 Farmer's 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, California, 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: — J�)A� Q I CITY CLERK i STATE OF CALIFORNIA j COUNTY OF ORANGE j as. CITY OF NEWPORT BEACH j 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. **CCnn C1� GL ERK �d Cler Newport Beach, California (Seal) `tr CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator Idesantis @newportbeachca.gov SUBJECT: Restaurant Association Business Improvement District Mid -Year Benefit Assessment Levy Increase: Adoption of Resolution of Intention to Raise the Annual Benefit Assessment Levy and Fixing the Dates of the Public Meeting and the Public Hearing ISSUE: Increase the benefit assessment levy for the Newport Beach Restaurant Association BID (NBRA), to be effective January 1, 2010. RECOMMENDATION: Adopt the Resolution of Intention to increase the annual benefit assessment levy effective January 1, 2010 and also sets the Public Meeting for October 13, 2009 and sets the Public Hearing for November 10, 2009. DISCUSSION: :, e • � When the City Council approved an increase in supplemental funds to the NBRA in June; it requested the NBRA to seek a comparable increase in its benefit assessment levy by mid- year. The City Council suggested that on an annual basis the new benefit assessment levy formula should generate an additional $25,000. The basic benefit assessment levied on NBRA members has not been changed by Council action since inception of the 'BID in 1996. NBRA members with fewer than eleven (11) employees have been paying the same flat rate benefit assessment of fifty dollars per year Restaurant Association BID Levy Increase September 22, 2009 Page 2 ($50 /yr) for fourteen years. NBRA members with greater than ten (10) employees, whose benefit assessment is equal to 100% of their business license tax, have experienced an approximate 35% increase as the basic business license tax has increase from $121 plus $8 per employee to $151 plus $15 per employee over the same fourteen year period. This imbalance of the benefit assessment levy, increased costs over fourteen years, and the expansion of the NBRA programs to benefit members, and the Council's direction have all led the NBRA Advisory Board to propose a new benefit assessment levy formula for members. A letter from the NBRA Advisory Board requesting an increased is attached. The Proposed New Benefit Assessment Lew: The proposed new benefit assessment levy formula is: A. For establishments with ten (10) or fewer employees, the benefit assessment levied shall be a flat $95.00. B. For establishments with more than ten (10) employees and whose annual business license tax is $599.00 or less, the benefit assessment levied shall be equal to 100 % of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $60.00. C. For establishments with more than ten (10) employees whose business license tax is $600.00 or greater the benefit assessment levied shall be equal .to 100 percent of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $145.00. As of July 1, 2009 the NBRA had 369 members; the number fluctuates during the year and from year to year. Prior to this proposal there were only two benefit assessment levy formulas. As part of the increase the higher formula has been divided into two. The 185 members assessed according to the benefit assessment levy formula in "A" above make up approximately 50% of the membership but have paid only 10% of the total benefit assessment collectively for the last several years. The increased benefit assessment levy will generate an additional $8,325 and raise their share of the total benefit assessment to 16 %. The 141 members to be assessed according to the benefit assessment levy formula in "B" above make up approximately 38% of the membership. The 43 members to be assessed according to formula in "C" above make .up approximately 12 % of the membership. Together this 50% of the membership has been paying 90% of the total benefit ,assessment; under the new formula they will pay 84 % of the total benefit assessment The new benefit assessment levy formulas will raise $8,460 from formula B members and $6,235 from formula "C" members. Restaurant Association BID Levy Increase September 22, 2009 Page 3 Altogether the increased benefit assessment levies will generate an additional $23,022. Projected business license tax increases are estimated to generate another $1,567 for a total of $24,598 in new benefit assessment levied. The Advisory Board believes this essentially reaches the target set by the City Council. The attached Resolution also uses greater specificity in the language used to identify BID membership. It does not actually add new members but it does specifically exclude bars with only a Part 48 ABC license from the State and certified Farmer's Markets such as Corona del Mar Farmer's Market. A Part 48 license is for the sale of alcohol and excludes food service. Outreach to NBRA Members: The Annual Meeting of the NBRA occurred on September 9, 2009. At that meeting the Advisory Board informed the membership that they are seeking an increase in the benefit assessment levy and why such an increase is needed. The Advisory Board has prepared a factual piece for inclusion with the mailing of the Resolution of Intention to members. They are also planning to campaign for support of the increase by phone, personal contact and a mailing of their own. The Process Changes can be made to the boundary, membership, or levy of a BID at annual renewal or at any point during the operating year. Amendments during the operating year require adoption of a Resolution of Intention, mailing a copy of that Resolution to all BID members, publication of that Resolution in a paper of general circulation in the District, the conduct of a public meeting, the conduct of a public hearing for the purpose of protest and the adoption of an ordinance. Adoption of the attached Resolution begins the process by declaring the City Council's intention to raise.the benefit assessment levy and setting. the public meeting and public hearing dates. Environmental Review Staff recommends the City Council find that the BID levy increase resolution accompanying this staff report-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. Funding Availability: This is a levy assessed on members of the BID. Prepared by: Leigh M. De Santis Economic Development Administrator Attachment: Resolution 2009 - Letter from the Advisory Board Restaurant Association BID Levy Increase September 22, 2009 Page 4 • Submitted by: Sharon Z. Wood Assistant City Manager U • RESOLUTION NO. 2009 - MW 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., ( "Acto); 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 Resolution No. 09-- Restaurant Association BID Assessment Increase • u • 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, California, 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 Resolution No. 09-- Restaurant Association BID Assessment Increase 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 day of 2009. ATTEST: CITY CLERK MAYOR Resolution No. 09 -_ Restaurant Association BID Assessment Increase NEWPORT REAR 11"419111 ISS100149 Mayor Edward D -Sdirh Sep"Axr2009 The City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 Re: Restaurant Association BID BenerztAssessmenttevy Increase Request Dear Mayor Schch: The Newport Beach Restaurant Association BID, (NBRA) requests the City Council of Newport Beach to formally adopt a resolution to raise the annual benefit assessment levy for all NBRA BID members effective January e, 2010. The specific benefit assessment levy formula in this proposal was created by the NBRA BID Board of Directors. It will generate an approximate $25,000 of additional funds to the NBRA BID as suggested by the Newport Beach City Council in June 2009. The NBRA BID Board of Directors unanimously approved the proposal to increase the benefit assessment levy on July 29`x, 2009. The proposed new benefit assessment levy formula is: A. For establishments with ten (10) or fewer employees, the benefit assessment levied shall be a flat $95.00. B. For establishments with more than ten (10) employees and whose annual business license tax is $599.00 or I=, the benefit assessment levied shall be equal to 100 % of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $60.00. C. For establishments with more than ten (10) employees whose business license tax is $600.00 or greater the benefit assessment levied shall be equal to 100 percent of the City's annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code and an additional $145.00. Despite current economic trends, the Newport Beach restaurant industry is the City's largest industry for employment it is also the leading sales tax revenue generator, producing over $4.65 million into the General Fund in 2008.. Restaurant Association BID programming is now more crucial than ever. It leverages the Citys investment in the economic welfare of the industry, provides specific benefit to individual Newport Beach restaurants, helps to brand our destination and generates incremental sales tax revenue. We would like to sincerely thank the City of Newport Beach for its supplemental investment in the NBRA BID and ongoing support of the restaurant industry. R e s p e c t !u Il y S u b m it r e d By. dke- a. Sheri A. Drewry President The Newport Beach Restaurant Association BID I" COUNCIL AGENDA ORDINANCE NO, 2009- NO. -!E 1 , D� 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. 2 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 %) 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 Ordinance No. 2009 -_ Restaurant Association Business Improvement District 91 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(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(cx3) (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 sedan, 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. Ordinance No. 2009 -_ Restaurant Association Business Improvement District This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 200_, and adopted on the i day of 200_, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY DAVID R. HUNT, CITY ATTORNEY ATTEST: LEILANI BROWN, CITY CLERK Ordinance No. 2009 -_ Restaurant Association Business Improvement District "RECE101 ARE AGENDJq PRINTED:" rITT WATERFRONT ENTERPRISES INCORPORATED November 19, 2009 City Clerk Office City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92663 RE: Resolution No. 2009 -68 To Whom It May Concern, RECEIVED N NOV 24 M017 OFFICE OF THE CITY C1-FFK CITY OF ', �VPORT BEACH This letter is my written protest to the Resolution No 2009 -68, of the Newport Beach Restaurant Association proposed increase to the annual Business Improvement District Levy. This increase comes at a time when my industry is suffering from lack of many things but to really consider increasing this mandatory levy to over 400 restaurants in the City is not something I agree with. I used to be actively involved in the NBRA and just recently I was elected back onto the Board hoping that I could get re- involved at a limited level to see what I could do to help out my industry. But this Resolution was already presented to the City before I got involved. I currently own two restaurants in Newport Beach, Harborside and Newport Landing. I not only have to pay for the NBRA BID, but I have to pay for the local Balboa Peninsula BID in addition. But my current fees for the NBRA are as follows. Newport Landing $435 which will increase by $60 to $505 or 14% Harborside $540 which will increase by $60 to $600 or 12% In summary, l believe that these increases are not warranted at this time and would like to know who audits or controls the money, expenses or contracts that the NBRA currently spends to see why they can't stay within a budget, or like the rest of us cut back in areas that can be reduced like expenses. I have to note that my membership fees (which are voluntary) with the California Restaurant Association have not increased at all for at least 5 -6 years. I strongly oppose this and any increase to taxes for restaurants in Newport Beach. Sin__cerAAelyyI,'' 1� David Salisbury CC CRA (916) 431 -2760 Doug Salisbury �I1EWI a DIt1G RESTAURANT 6 OYSTER !AR 400 MAIN STREET, NEWPORT BEACH. CA 92661 • PH 949.261.9013 • FX 949.261.0568 "RECEIVED AFTER AGENDA PRINTED:" #� 11-14 -01 RECEIVED 4tg lit NOV 24 PM I? 04 "Always be True to the Cuisinenadoom t C= T. C'Ty C_ER ; City Clerks Office CITY (,r ''_ "/ a c City of Newport Beach C 3300 Newport Boulevard Newport Beach, CA 92663 November 19,20D9 RE: RESOLUTION NO. 2009-68 To Whom It May Concem: This letter is written to protest Resolution No. 2009-68, the Newport Beach Restaurant Association's proposed increase to the annual Business Improvement District Levy. This is an increase in the annual levy assessed to our business within the city of Newport Beach and we are opposed to this proposal. The food and restaurant Industry is one of the most regulated, taxed and at risk for failure businesses In Callfomia. Due in part because of the voluminous amounts of taxation, regulation, health, city, county, state and federal compliance Issues that require overwhelming amounts of paperwork, and certification and training. This is in addition to the fierce competition, rising costs of food, energy, transportation and increased state sales tax. While this has a detrimental impact on all of the medium and large chains, it is devastating on the small and fanily run businesses. Whether this is just a matter of poor timing on the City of Newport Beach's business strategy or a cony>tete failure of the City Council's ability to understand and manage to understand the needs of taw helping businesses grow, increase sales and hire more employees is the true way forward. Doing so, would bring more revenue Into the city's coffers for use in existing and new programs. Increased levies, taxes and lees conversely, would seem to have the opposite effect. My 30 years of international business experience has provided me with an empiric abiity to see municipalities who are sincerely interested in growing their communities though symbiotic relationships with businesses and employers or solely Interested in 'mining for revenue' as a perceived easier path to 811 the coffers. The prior is a much better long tens solution. I hope out of principal the City Council Members of Newport Beach wW see the bigger picture and do all to accelerate business growth by assisting existing businesses and encouraging new business within Newport Beach. Doing so, Newport Beach would have little choice but to realize Resolution No. 2009-68 and an increased levy, especially in this economic climate would not be, end is not in the best interest of Newport Beach businesses, residents and the City of Newport Beach Itself. Thank you in advance for your consideration of this matter. Sincerely, MangolNonkey Foods Dominic AMasut FounderfCEOfChsf de Cuisine MmgaMonkry Foa&, tn4. • P.O. em 1234, Nerpw l Bmch, CA 92859 • Pha : (949) 58&5288 EmexF. Che0W.@UWpM0nkeyf06ds.c websft: i .MWVOMOMeyFOOds.c RECEIVED 2D NOY 24 PN Yt 03 CE Cm THE Ci, CLR M 0= r;,;,r T El i November 19, 2009 City c'lerk's Office City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 To Whom It May Concern: This letter is written to protest : t.esolution No. 2009 -68, the Newport Beach Restaurant Association's propc ::d increase to annual Business Improvement District Levy. This is an incre�!:e in the annual levy assessed to our business within the city of Newport Bea'It and we are opposed to this proposal. Below is the name and address of the business: Fleming's Prime Steakhouse atid Wine Bar 455 Newport Center Drive Newport Beach, CA 92660 Based on last year's figures, we• paid over $600.00 to the City of Newport Beach. With the proposed increase, ou° annual fee would be over $1,345.00. This is an excessive increase, which we 0--.nk is extremely high and we would respectfully urge you not to adopt this resol.Aon. Thank yQy for your considerati.ra, Vice :President of Operations 1300 Dove Street, Suite 105, New•po,c Beach, CA 92660 Phone 949.222 -2223 Fax 949.222 -0313 r W.(1&M;ngSSte6kheoa. com Nov 24 2009 1:23PM CAL REST ASSOC P.1 DATE: Ifel 12&4)UVQ RECEIVED 20 NOV 24 PH it 52 G ' ',C OF ih \,.,Y CLEFK November 24, 2009 Council members, Newport Beach City Council City Clerk's Office The California Restaurant Association Opposition to Resolution NO. 2009 -68 CALIFORNIA RESTAURANT ASSOCIATION The California Restaurant Association (CRA) must respectfully oppose Resolution No. 2009 -68, the Newport Beach Restaurant Association's proposed increase to the annual Business Improvement District Levy. The CRA represents more than 22,000 restaurant businesses statewide and based on feedback from our own members within the City of Newport Beach we must protest the substance and timing of Resolution NO. 2009 -68. The proposed ordinance calls for an increase in the annual levy assessed to CRA members within the city of Newport Beach and we are opposed to this proposal. As we face an unprecedented unemployment level in California and restaurant profit margins continue to be squeezed in the midst of this very troubled economy, we question both the content and timing of this proposed assessment increase. It is critical to note that for every dollar of sales brought in by the California restaurant industry, on average, a restaurant keeps less than a nickel in profits. Given opposition from our own membership, the continued economic challenges faced across the board, and the ongoing daily cost pressures on restaurateurs, we respectfully urge you not to move forward with the proposed assessment increase embodied in Resolution NO. 2009-68. Thank you for your consideration. PREPARE TO BE INSPIRED. 621 Capitol Ma I, Suite 2000 Sacramento, CA 95814 T: 800.765.4842 R 916.447.6182 w .calrest.ory 7111 m.tw" anal d1i�e, rwwl.vr ham♦,, ra YIdW www.myh.enlr.Fwvm T 949.610.4110 f 910.640.4YV1 November 24, 2009 City Clerk's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: RESOLUTION NO. 2009-68 To whom It May Concern: RECEIVED 70 NOV 24 PM 3 56 -r- OF /I'r, CITY CLERK �A Cltf :- PO116EX -,'1 This letter is written to protest Resolution No. 2009 -68, the Newport Beach Restaurant Association's proposed increase to the annual Business Improvement District Levy. This is an increase in the annual levy assessed to our business within the city of Newport Beach and we are opposed to this proposal. Below is the name and address of the business: Muldoon's Irish Pub 202 Newport Center Drive Y4 Flr. Newport Beach, CA 92660 During such a severe economic downturn, it does not seen to be a reasonable time to increase the tax burden on restaurants. Thank you for your consideration, Ronald B. Schwartz, President Muldoon 's Enterprises, Inc dbo Muldoon .t Irish Pub November 19, 2009 City Clerk's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: RESOLUTION NO. 2009-68 To Whom It May Concern: "RECEIVED AFTER AGENDA PRINTED:" 'A 3 11 -24 -01 RECEIVED 2M9 NOV 24 PM 4: 02 C,cq I cC II 1E C-Y CLERK This letter is written to protest Resolution No. 2009 -68, the Newport Beach Restaurant Association's proposed increase to the annual Business Improvement District Levy. This is an increase in the annual levy assessed to our business within the city of Newport Beach and we are opposed to this proposal. Below is the name and address of the business: Sage Restaurant 2531 East Bluff Dr. Newport Beach, CA 92660 Based on last year's figures, we paid $535 to the City of Newport Beach. With the proposed increase, our annual fee would be $595. This is a 1 I% increase, which we think is excessively high and we would respectfully urge you not to adopt this resolution. Thank you for your consideration, Richard Mead November 19, 2009 City Clerk's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: RESOLUTION NO. 2009-68 To Whom It May Concern: RECEIVED 7P NOV 24 PH 4 02 r" .T;,c r THE CITY CLEW CITY ff l `:" CRT BEACH This letter is written to protest Resolution No. 2009 -68, the Newport Beach Restaurant Association's proposed increase to the annual Business Improvement District Levy. This is an increase in the annual levy assessed to our business within the city of Newport Beach and we are opposed to this proposal. Below is the name and address of the business: Sage On The Coast 7862 East Coast Hwy Newport Coast, CA 92657 Based on last year's figures, we paid 5744 to the City of Newport Beach. With the proposed increase, our annual fee would be 5889. This is a 19% increase, which we think is excessively high and we would respectfully urge you not to adopt this resolution. Thank you for your consideration, Richard Mead November 19, 2009 City Clerk's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: RESOLUTION NO.2009 -68 To Whom It May Concern: RECEIVED M NOV 24 PM 4:02 r: GN CLERK This letter is written to protest Resolution No. 2009 -68. the Newport Beach Restaurant Association's proposed increase to the annual Business Improvement District Levy. This is an increase in the annual levy assessed to our business within the city of Newport Beach and we are opposed to this proposal. Below is the name and address of the business: 3Tbittv3 Waterfront 333 Bayside Drive Newport Beach, CA 92660 Based on last year's figures, we paid $ Z !i3.Gt2o the City ofNewport Bea . With the proposed increase, our annual fee would be $ 4 -5 7, 0,t:> . This is a ( increase, which we think is excessively high and we would respectfully urge you not to adopt this resolution. Thank you for your consideration, Michele Dial General Manager t d zlML961F6 uewu"uV a ned dLt:Zo 60 ez AoN Nov 19 2009 6:35PM November 19, 2009 CRA MEMBER D City Clerk's office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: RESOLUTION NO. 2009-a To Whom It May Coocem 018431E7130 RECEIVED 20 NOV 24 PM 4: 02 Cnr .iV i� YCIER( This letter is written to protest Resolution No. 2009 -68, the Newport Beach Reatautant Association's proponed increase to the annual Business Improvement District Levy. This is an ioctease in the annual levy assessed to our business within the city of Newport Beach and we are opposed to this proposal. P. Z! Below is the name and addyeee of the business: S" (CompanyNwue) 9'&► QeS�a.eui+-& -4u2, e-e&4 eoe&9 (Street Address) 2531 6,;ft0wo -& Newport Heach, CA 92660 UeAp w� 6eaa "'�t Ss'� l,.t �� 535. + WA tn.ereisar 'f�o «;l , ,m Based_ on last year's figures. we paid S— to the City of Newport Beach. With the 7 � I q proposed increase, tntr annual fee would be S . This is a increase, which �/tt we think is excessively high sod we would respec my urge you not to adopt this O SMn 1,0✓ resolution. r ^e-V- S0 Thank you for your consideration; position 00.)-n-eA , ) o I i Auth(vized to Puhhsh AJvcrusemew of all Aubis whhlmg public nou. c, Pn Aecrce of the Superwr ('oun of ( hange Count), California. No r A 6' 1.1 Septemhcr 29. 1%1. and A- 2.1331 June 11. 19(u RECEIVE PROOF OF PUBLICATIOW9 KC -41 AM 13 STATE OF CALIFORNIA) ONO7' ) 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: November 28, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 2, 2009 at Costa /�/�sa, Califyornia. lit/ /(L % J Sign KM ORDINANCE NO 2009 -26 WHEREAS. the City Counol on Sedember 22. 2009 adopted an0 rferao m be pubeshed a Rsa&uaon of )Ma n tlanhvg rrxmrlerehp and Nee Mention ro set a naw benefit asMSSmenl ftes�V'YY Iw One Rea =80(, Business Imprhemant Dabncl effOcbm January 1. 2010. and WHEREAS, Ns RmAdw of Intenbon was maned to as n 9111NI e 2009 and Published in Um DaBDIb ma Sepnm0�6. M. and e�m0er 24. WHEREAS. the CITY Carnes held a pubic nq re%wde5 W'e man+parsnq,p dan6rroeu, antl ale Droppsed Denefil essesvnen i Wn on October 13.2009 wMre th CM Coed e&ded tesbr,any horn the puyw ill rnamDers d ere Restaurant AssaWaM BusaNSS lmpror'emem Dated. and WHEREAS. the Crtiy d ld a ntic h eaqN OVOokm 10. 209 where members of ale P' =Z RestweM AsM &AAh Imprhe an, District were tweed m 9" IesbmOny and swrrM pdssn regardn9 the namDershro CISMACAtp and proposed benefa nt am WHEREAS Inere was no wn ten rnalmty votest antler =14 Strome �I�Hghi a ordinance Segpn 36525 Net woWd Drtr ent Ne Csy Caunal oxs roam this aNS�dIZ"RITORE, ale CT' Co," dale CM d NthrPal Beach SECTION 1 MembeMiO0 r ale Resaurani Assooabon Bushes ImprNement Disnet shall reman any 10()d servKe business wow the bour4snes of f,0( GTJ ol'y"Ron Beall. Such as reslq�mrft GgrOCenes w<h a doe n r taktr W1 Iood ser ice rnnl_ mans gas swtgns MIT lake alf load 5BM1xe. and ban Ser,, tow Ertel January 1. 2010 wiled Fanner '5 Marken and ban with A MSOCa ?W Busmessclmp me a Dam s�rnentwS p the ReslawaM SECTION 2: The CM Cuunce Iawea nnpo�dend ~ as wlecbon of a benefit asseurrenl levteC upon psnun wtPin me Restaurant Aasowbon Bus+,ess Improvanenl Disind Such WON ale mere assassnbnl isou uul C For esubksWWt$ w1@� n'oU can Win (10) empbyees whose business coarse lax auSS. Hundred Dylan IibW 00 almus. Gry A Annuaali "Inen x la � estates, aDUrivam ro�cnC°BMpE(@`r 5 09 a the Me%ZdPj Code all an adoNonel One Hundred Far Fa. DoYR (5115 00) SECTION 3 The ,nueased beneN asaspmmk ccnnned n her ordnance silica 4 etEedrve January +.2010 Tlw his R assassmmdsoMoe shad be Collected ern ea,enr11 lue�BUe3 x+ a yAaaOWDDA Bushess Improvement D,snq by Cdy n one (1) nMaamem The al" increased ,auie.ppo>rai00ed acmdIngNWW IN ruumder & IIAl ry rnonthe 0�8^ nWnpp n the Retauranl AssooabM E,,v a ss ImprOv~11 D,stn&s fiscal par. slamti on the day of the isswnce of a busness license by rT,hepeeeCAY paymenn ahaECwr continue mDernlwer, dveperant(25°i)WirmNN D'ovdr'y 1baG WM pena'ly 10 b9 added shak,n no sham exceed one hundred Pertynt (700%) M 10( assxaurent amount due SECTION 5' Eros Ma dad a an� aspu & ell m s�u ow ,.ma in urged am co,,twe aA in fill force erq scoot 9ECTpN 6: Ty,e Coonq 6n05 that dxs uOnanGe a ryal subie'd to ale Calrtom,a Environmental Oual,ly Ad rCEOA Dunuam to Sections 15060(0 21 the aondy win no! resua n a duecY or resspnady foreseeable ndrren yscal change in Ne environmanl) and 15060 C! 5) IRe acbvrty a not Yas defined in Section 15376, & the CEOA Gu�e' sirs Caidanre Code tF 0.egunWns TrUa It uheple, 3 beGavee a ras no potential lr Mir" in physical chage to ale snvvonmMt . deemy or ndeec0y i SECTION T. d any secWn, s,oseel sen>.encre. oause or rase & Wee o,dhAnoe is fr any reason . held to to nwaed r unCOnsbNTpn cud dp�ssgn shall not a%d ale �aJ Wy r cuanunrraliry 01 the rerrareg prbora y dsa.Ionance The Cdr Crawl hreoy ObdaMs'T.at 4 w xd tuve passe the pMinsxe and Seen on. Subsection tleuse u phase here& rneepeCbM & d1e tact Hal any one u more seebrs, sbserlgns W410CPS. CnueeS all phrases De deoared rr cons"A" SECTION a'. The Nlaa�yCrd 0111 vtR� And ale Coy Civil, Shia paAeesl m eomr�as nnonx1papper ooNe Cdyyaand d"bbe MeyWvhe 11",1y 130)JOYS atw b aoopaon The ord„unce wu m1roduol d at a ,lgw meting & the Cdy Cow,W of ale a Beam, bed m O+a tON day Ot Novameer M. ar,d edOPW on the 2% day & Novemoar. 2009. by Ne blKsv+r9 vas m ,a{ AYES. COIiNCILVEMBERS NOES. CoI.NCIAEMBERS ABSENT (psINC41AEUBERS ATTEST lEIL aBRCW%CITYCLERK APPROVEDAS 70 FORM OFFICE OF THE CITY ATTORNEY DAVID R HUNT CITYATTORNEY hARDD SL rh.MAYOR