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HomeMy WebLinkAbout2009-68 - Restaurant Association Business Improvement DistrictRESOLUTION 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 et 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 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 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 } as. 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. bwm CW 3d Cler GL6Py Newport Beach, California (Seal) L� Ll KA RtSauna+ NO. 200114t �L A RESu,:slON OF THE CITY COUNCIL Of THE 7 CITY OF NEWPORT REACH DECLARING ITS Authorized to Publish A h,misemenls of all kinds including public notices by INTENTION TO INCREASE THE ANNUAL 1111 Durce of the Superior Court of Orange County. Califaxnla. No �y♦ r'� r BEACH ASSESSMENT ESTAURANT ASSOCIATION BUSINESS September 29, 1901, an(1 A -21531 June I I. 1903.�j -C 11 /f.. D IMPROVEMENT DISTRICT AND FIXING THE �-! L L TIME AND PLACE Of A PUBLIC MEETING AND A PUBLIC NEARING THEREON AND &VINO NOTICE THEREOF n OCT _Sit AM ID 04 WHEREAS, the Property and Business Im WHEREAS law of open Streets and HIM, Im IN PROOF OF PUBLICATIO Code § 36500 at tea.. aulhariEe, Claw, to establish property and business improvement _ districts far the purposes of promoting business (� activities which benefit the member businesses'. STATE OF CALIFORNIA) ) 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, September 26. 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 1, 2009 at Costa Mesa, California. Signatur WHEREAS, the Newport Beach Restaurant B`y,�y.I Association Business Improvement Distncl Y1,vr1 (NBRA) was established in 1996 purwant to the Padln{{ and Business Jinni oremanf Area law of Pall .and Stretb and Highways Code. Section 36500 at seq. (-Act'): and WHEREAS, the Act allows the City Council to increase the beheld assessment levied on businesses within the NBRA during the operat- WkilMAS, the Adnsory Board of the NBRA has requested that the City Council declare its Z entlan, to increase the benefit assessment md on member businesses, effective January NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Solution It The Cley Council hereby declares its intention to amend and increase the annual benefit assessment lowed on the NBRA com mencing for the period at January 1, 2010 4 pwsuaht to the Act. Socelew 21 The boundaries of the NBRA shall remain the boundaries of the City of Newport Beach SMlow h Membership in the NBRA shall remain any food service business within the boundaries of the City of Newpat Beach . such as restaurants. groceries widn a dine in or i take -out food service. min marls. gas stations with takeout food service, antl bars serving food Effective January 1, 1010, cerhhad Farm - ei s Markets and bars with Only a Psrl 48 ABC .cerise from the State shall be exempt Irom Soalloo At 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 assess must levied shall be as follows: A. For eslabhsnmenls with ten (10) or fewer employees. the benefit assessment levied shall be a flat Ninety Five Dollars (595.00) B Fm establishments with more than ten (10) employees and whose annual business license Ia. is Five Hundred Ninety Nine Dollars (SS"OO) or less. the benefit assessment levied shall be equal to one hundred percent (100 %) a1 the City's annual business license tax as established pursuant to Chapter 5 08 of the Municipal Code and an additional Slaty Dollars (360 00) C. For establishments with more than ten (10) employees whose business license tax is Su Hundred Dollars (5600.00) or more, the benefit assessment levied shall be equal to one hundred percent 1100%) of the City's annual business license tae as established pursuant to Chapter 5 OB of the Municipal code and an additional One Hundred Forty Five Dollars ($145.00). foeMOw 31 The increase proposed by this Resolution if adopted by Ordinance following the Public Nearing shat be effective January 1, 2010. The aenetit assessment increase shall be collected from easing businesses in the District by the City in one (1) prorated annual Installment The benefit assessment Is, bush nesses established after January 1. 2010 shall be at the increased rate, pro -rated accormng To the number of full months remaining m the ID'sinct's fiscal year. starting on the day of the ssuance of a business license by the CRYMlon Al The penally for delinquent Payments hall continue to be twenty five percent (25%1 per month. providing that the Penalty to be added shall in no event exceed one hundred P (100 %) of the assessment amount due. East"" 71 The Improvements and activities so be funded by the benefit assessments are not changed, and shat include only the following 1. Marketing. advertising and public ralatwns 2. Brochure development and distribution. 3. Promotion of public events. 4. The general promotion of food seance business activities. 5. Educational and training classes for mom aar 1.1moentatian of a Restaurant Wool Ibvshms in rat to Promote dining m IT FURTH[* R[SULVIO that e City Council of the City of Newport Beach III conduct a public meeting an Octobia 13. )9 at 7'. 00 p m. Or as soon thereafter as this Let may be considered, in the Councd ambers located at 3300 Newport Boulevard. export Beach, California to hear public cam of regarding an increase in the annual refit assessment levy. a City Council shall conduct a Public Nearing Nave -be, 10. 2009 at 7.00 p. m., or as sour rattler as this matter may be heard, in the on col Chambers located at 3300 Newport ulevard. Newport Beach. California, at whist ie the Council will heal all interested parsons or against the increase in the benefit :essment levy and the extent of the District Aests may be made orally at in writing, but written shall be Bled with the City Clerk at before the time fixed for the Public Hearing 1 contain sufficient documentation to verily smess ownership and validate the parbculm )test. If written protests are received from owners of businesses within the Distncl of pay fifty percent (50'6) or more at Ilia al benefit assessment to be owned. no further rceedings to increase the benefit assessmen: y shall be taken for a period of one (1) year in the date of the finding at a majority )test by the City Council. Oct information regarding the propastl swess Irawaverm nt District increase in the nual benefit assessment levy may be at ,led at the Newport Beach City Nall, 3300 wport Boulevard. Newport Beach, California. 358. Attention: Leigh M. De Santos. Economn: velopment Adminslral and City Umsun tc NBRA or by calling her at (949) 644 -3207. B City Clark shall cause this Resolution at entiori to Increase the Benefit Assessment ry and that Fixes the Date of the Public along and of the Pub:m Nearing to be ohshed once in a newspaper of glnaai culation in the City at least seven (7) days or to the Public Hearing and mailed to tie minus of the NBRA within seven (7) days s Resolution shall take effect immediately on adoption Passed and adopted by the City uncn of the City of Newoorl Reach at a tular me m(( held on the 22nd day at otember. 2009. RN f Newport BeachiCosta Mesa