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Home My WebLink About2017-38 - Declaring Its Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments for the Fiscal year of July 1, 2017 to June 30, 2018, and Fix the Time and Place of a Public HearingRESOLUTION NO. 2017-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO RENEW THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2017 TO JUNE 30, 2018, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING WHEREAS, the Newport Beach Restaurant Association Business Improvement District ("NBRA BID") was established in 1995 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Sections 36500 et seq., ("1989 Law"), which requires an annual report to be filed and approved by the City Council for each fiscal year; WHEREAS, the advisory board, known as the NBRA BID Board of Directors, has prepared an Annual Report for the 2016-2017 fiscal year which is on file in the Office of the City Clerk ("NBRA BID Annual Report"); and WHEREAS, on May 23, 2017, the NBRA BID Annual Report was filed with and approved by the City Council. NOW, THEREFORE, the City Council of the City of Newport Beach ("City") resolves as follows: Section 1: The City Council hereby declares its intention to renew the NBRA BID for fiscal year July 1, 2017 to July 1, 2018, pursuant to the 1989 Law. Section 2: The City Council hereby declares its intention to levy assessments for the NBRA BID for the fiscal year July 1, 2017 to June 30, 2018, pursuant to the 1989 Law. Such benefit assessment shall be as follows: Stakeholder.. Full -serve restaurant (e.g., with wait staff) Levy $600 Fast -casual restaurant (e,g., place order at counter) $500 Grocery or market $500 Coffee, tea orspecialty shop $150 Dessert, bakery or treats $150 Juice bar or smoothie shop $150 Catering company $150 Businesses Exempt from the NBRA BID Certified Farmer's Markets, mini -marts, yachts and charters, banquet facilities, private membership clubs, theaters, and gas stations. Resolution No. 2017-38 Page 2 of 3 Section 3: The penalty for delinquent payments shall be equal to that established for delinquent business license fees pursuant to Chapter 5.04 of the Newport Beach Municipal Code, providing that the penalty to be added shall in no event exceed fifty percent (50%) of the assessment amount due. Section 4: The benefit assessments shall be collected by the City, or its designee, in one annual installment. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the NBRA BID's fiscal year. Section 5: The improvements and activities to be funded by the benefit assessments shall include only the following: A. Marketing, advertising, and public relations; B. Brochure development and distribution; C. Promotion of public events; D. General promotion of restaurant trade activities; E. Educational and training classes for members; and F. Memberships in various organizations deemed to promote dining in Newport Beach. The implementation of these actions is described in the NBRA BID Annual Report, which is on file with the Office of the City Clerk located at 100 Civic Center Drive, Bay 2E, Newport Beach, CA 92660. Section 6: Any food service business within the boundaries of the city of Newport Beach, such as restaurants, markets with dine -in or take-out food service, bars serving food, dessert shops, coffee shops, juice bars, catering companies, or similar food -related business within the boundaries of the City of Newport Beach is part of the NBRA BID, as set forth with greater specificity in the map attached as Exhibit A, and incorporated herein by reference. Section 7: The time and place for a public hearing on the NBRA BID renewal is set for 7 p.m. or as soon thereafter as the matter may be heard on June 13, 2017, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 8: During the public hearing, the City Council shall hear and consider all protests against the establishment area, or the furnishing of specified types of improvements or activities within the area. Protests may be made orally or in writing, but if written shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of the businesses within the NBRA BID which pay fifty percent (50%) or more of the total assessments to be levied, no further proceedings to renew the NBRA BID shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the NBRA BID, those types of improvements or activities or benefit zones shall be eliminated. Resolution No. 2017-38 Page 3 of 3 Section 9: Further information regarding the proposed NBRA BID renewal may be obtained at the City Manager's Office, 100 Civic Center Drive, Bay 2E, Newport Beach, CA 92660;949-644-3031. Section 10: The City Clerk is directed to provide notice of the public hearing in accordance with Streets and Highways Code Sections 36523 and 36541. Section 11: The City Council finds the adoption of this resolution of intention 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 12: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 13: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting tt e�tion. ADOPTED this 23rd day of May, 2017. / Kevin M Mayor ATTEST: Leilani I. B City Clerk APPROVED AS TO FORM: 'N�o CITY ATTORNEY'S OFFICE oox� A�- Aaron C. Harp City Attorney Attachment: Exhibit A (Boundary Map) a F- m 2 X W o� U0 �w ai STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-38 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 231d day of May, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 241h day of May, 2017. Leilani I. Brown " City Clerk Newport Beach, California (Seal)