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Home My WebLink About2014-37 - Declaring its Intention to Renew the Newport Beach Restaurant Association Assessments for the Fiscal Year of July 1, 2014 to June 30, 2015, and Fix the Time and Place of a Public HearingRESOLUTION NO. 2014 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2014 TO JUNE 30, 2015, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Newport Beach Restaurant Association Business Improvement District ( "NBRA BID ") was established in 1996 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the 1989 Law "), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, the Advisory Board, known as the Newport Beach Restaurant Association Business Improvement District Board of Directors, has prepared an Annual Report for the 2013 -2014 fiscal year which is on file in the Office of the City Clerk; and WHEREAS, on May 13, 2014, the NBRA BID Annual Report, minus the budget component which will be further reviewed, was filed and approved by the City Council. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares its intention to renew the NBRA BID for fiscal year 2014 -2015 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, 2014 to June 30, 2015 pursuant to the 1989 Law. Such benefit assessment shall be as follows: A. For establishments with fewer than eleven (11) employees, the assessment shall be a flat Ninety -Five Dollars ($95). B. For establishments with greater than ten (10) employees, and a license tax less than Six Hundred Dollars ($600), the benefit assessment shall be one hundred percent (100 %) of the annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code plus an additional Sixty -Five Dollars ($65). C. For all businesses whose license tax is Six Hundred Dollars ($600) or greater, the benefit assessment shall be one hundred percent (100 %) of the annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach Municipal Code, plus an additional One Hundred Forty -Five Dollars ($145). 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 one hundred percent (100 %) 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: 1. Marketing, advertising, and public relations 2. Brochure development and distribution 3. Promotion of public events 4. General promotion of restaurant trade activities 5. Educational and training classes for members 6. Memberships in various organizations deemed to promote dining in Newport Beach. The implementation of these actions is more fully described in the NBRA BID's Fiscal Year 2013 -2014 Annual Report, which is on file with the Office of the City Clerk. Section 6: The location of the NBRA BID will remain the same: Any food service business (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) doing 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. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on May 27, 2014 at 7 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California at which time the Council will hear all interested persons for or against the renewal of the NBRA BID, the extent of the NBRA BID and the specific types of improvements or activities to be funded by the benefit assessment. 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. Further information regarding the proposed NBRA BID renewal may be obtained at the City Manager's Office, 100 Civic Center Drive, Newport Beach, CA 92660; 949 - 644 -3035. The City Clerk shall cause this resolution of intention to be published once in a newspaper of general circulation in the City at least seven (7) days before the public hearing. 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 13th day of May, 2014. 12 Rush N. Hill, II, Mayor ATTEST: 4fid N�, Leilani I. Brown, City Clerk Attachment: Exhibit A (Boundary Map) r \ R R H N O uz / 1 � N � z o � Z V 1 1 O rl 4- \ I �i cL V� z O tj U) •.�+ Q Q O CZ m O `n 3� z E m K 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. 2014 -37 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 13"' day of May, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill Nays: None . IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10 day of May, 2014. mftpp� City Clerk Newport Beach, California (Seal)