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HomeMy WebLinkAbout31 - Restaurant Association Business Improvement DistrictCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 31 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning Department Daniel Trimble, Program Manager 949.644.3230, dtrimble @city.newport- beach.ca.us SUBJECT: Restaurant Association Business Improvement District Renewal: Conduct Public Hearing and Adopt Resolution of Confirmation for Renewal of the Business Improvement District for Fiscal Year 2007. ISSUE: Annual renewal of the Restaurant Association Business Improvement District. RECOMMENDATION: 1. Hold public hearing regarding the renewal of the Restaurant Association Business Improvement District; and 2.a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2006 confirming the levy of the BID assessment for the 2007 fiscal year. OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. DISCUSSION: Background: On June 13, 2006 the City Council held a public meeting, approved the Restaurant Association Business Improvement District 2006 Annual Report, and adopted a Resolution of Intention to levy and collect assessments for the District. Details regarding the proposed renewal of the District and the Annual Report are provided in the attached June 13, 2006 staff report. Restaurant Association BID Renewal Hearing June 27, 2006 Page 2 A protest hearing must be held each year prior to renewal of a Business Improvement District. If protests are received from business owners representing 50 percent or more of the total assessment amount, the proceedings to renew the District must be discontinued for at least one year. If protests represent less than 50 percent of the total assessment, the City Council may renew the District. At the time this report was prepared, no letters of opposition to the District had been received. Staff will provide an oral update on any subsequent correspondence and a tabulation of protests at the City Council meeting. Public notice of the protest hearing and the Resolution of Intention to modify the basis to levy and collect assessments for the renewal of the Restaurant Association Business Improvement District has been published in the Daily Pilot in compliance with state law. Submitted by: SPIARON •f� Assistant City ager Prepared by: DANIEL TRIMBLE C & ED Program Manager With Assistance from: CLINTON SCOTT PALMER BID Systems Inc., BID Administration Attachments: Exhibit A — June 13, 2006 Staff Report Exhibit B — Resolution of Confirmation 2006- EXHIBIT B RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2006 TO JUNE 30, 2007 FOR THE RESTAUARANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT. WHEREAS, on June 13, 2006 the Restaurant Association Business Improvement District annual report was filed and approved by the City Council; and WHEREAS, on June 13, 2006 the City Council adopted and published a Resolution of Intention declaring the intention to levy assessments for the Restaurant Association Business Improvement District for the short fiscal year July 1, 2006 to June 30, 2007; and WHEREAS, a public hearing regarding the renewal of the Restaurant Association Business Improvement District was held on June 27, 2006 without a protest of majority. NOW, THEREFORE, the City Council of the City of Newport Beach hereby confirms the levy of assessments as described in the Resolution of Intention dated June 13, 2006 for the Restaurant Association Business Improvement District for the fiscal year July 1, 2006 to June 30, 2007. 2 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 27th day of June, 2006. ATTEST: CITY CLERK MAYOR Resolution No. 06- Restaurant Association Business Improvement District CITY OF NEWPORT BEACH COUNCIL AGENDA CITY COUNCIL STAFF REPORT 3i Agenda Item No. 7 June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning Department Daniel Trimble, Program Manager 949.644.3230, dtrimble @city.newport- beach.ca.us SUBJECT: Restaurant Association Business Improvement District Renewal: Annual Report for shortened Fiscal Year 2006 and Adoption of Resolution of Intention to Levy for a Fiscal Year of July 1, 2006 to June 30, 2007. ISSUE: Annual renewal of the Restaurant Association Business Improvement District. RECOMMENDATION: 1. Approve Restaurant Association Business Improvement District shortened Fiscal Year 2006 Annual Report; and 2. Adopt the Resolution of Intention and set the public hearing for June 27, 2006. DISCUSSION: Background: The Restaurant Association Business Improvement District (BID) is nearing the end of its eleventh year of operation and requests renewal of the District for a fiscal year of July 1, 2006 to June 30, 2007. The BID's Board of Directors, which serves as the District Advisory Board, requests City Council approval of the Annual Report and scheduling of the public hearing for June 27, 2006. California law requires that an annual report be prepared and a public hearing be held each year prior to renewal of the District. This report summarizes the District accomplishments during 2006, its eleventh year of operation, and the proposed activities and budget for the coming year. A summary of accomplishments during the short FY 2006 and proposed activities for FY Restaurant Association BID Renewal June 13, 2006 Page 2 2007 are provided below. The District's FY 2007 proposed activities are recommended to remain the same as in short FY 2006. Eleventh Year District Accomplishments: The merchants of Restaurant Association have found their eleventh year as a Business Improvement District to be very successful and have achieved several accomplishments including: • Retained California Marketing Concepts to create and execute Marketing Plan of Work & Budget • Distributed NBRA Dining Guides through the following outlets: Western Brochure Distributors, California Welcome Center, Conference & Visitors Bureaus, hotels, Anaheim Convention Center display racks, direct mail, special events and various inquiries and media fulfillment • Maintained NBRA Website: www.newportbeachdinin-g.com (with upwards of 250,000 unique visitors daily) • Maintained Toll free Dining Reservation System for all NBRA restaurants with an average of 650 calls per month and 250 -300 direct connections to various NBRA restaurants • Implemented local media campaign to promote website, dining guide and phone reservation system • Mailed NBRA newsletters from the Board of Directors to all members • Developed and updated a comprehensive member listing and database • Active membership involvement with the Newport Beach Chamber of Commerce, the Newport Beach Conference and Visitor's Bureau, Anaheim Visitors & Convention Bureau and the California Restaurant Association • Placed advertisements in the NBCVB & AOCVCB Annual Visitor Guide Publications, Preferred Destinations, CA Official Visitor Guide, Los Angeles Times Magazine, OC Metro Menus, Orange County Cuisine, Destination Hyatt, NB Chamber Map, USA Today • Placed full panel advertisements in the NB Chamber map, the Anaheim Resort Rapid Transit Guide and the Anaheim Official Dining Guide • Negotiated over $55,000 worth of in kind media placements • Participated in NB Chamber, NBCVB, & AOC VCB and CRA Cooperative Marketing Programs • Secured a NBRA Co -op sponsorship panel display and referral program at the California Visitor Center to promote NBRA • Purchased two panels at the AOC VCB Restaurant Reservation Booth and participated in the referral program to promote the NBRA • Co- sponsored the "Taste of Newport" Chefs Cooking Pavilion and promoted event to public • Sponsored reduced cost Serve Safe and ABC seminars • Hosted NBRA annual luncheon membership networking meeting Restaurant Association BID Renewal June 13, 2006 Page 3 Fiscal Year District Revenues During the short FY 2006 the district collected approximately $30,750 in member assessments and $3,000 in expense reimbursements. In the past year, the Restaurant Association has received $39,000 in City matching funds and $35,000 in supplemental marketing funds. The District spent approximately $72,000 for approved activities. The District's current account balance is approximately $37,000, it is anticipated that a remaining balance of approximately $25,000 will be carried over into the FY 2007 budget. Proposed Activities and Budget: The activities proposed for the next year include marketing, advertising, and public relations to benefit Restaurant Association businesses. The estimated budget for these activities is approximately $121,000. The Restaurant Association Business Improvement District appreciates the City Council's continued support. Environmental Review: Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4). Public Notice: None Required. Funding Availability: Business Improvement District matching funds are included in City Budget Account No. 2720 -8250. Submitted by: Prepared by: lam. HARON Z. W(� DANIEL R. TRIMBLE Assistant City a ager C & ED Program Manager With Assistance from: CLINTON SCOTT PALMER BID Systems Inc., BID Administration Attachments: A — Short FY 2006 Annual Report B — Resolution of Intention to Levy 2006 -. Attachment A RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR SHORT FISCAL 2006 YEAR Overview This is the annual report for the Restaurant Association Business Improvement District, as required by Section 36533 of the California Streets and Highways Code, for the short Fiscal Year 2006. Prior Year Accomplishments The merchants of Restaurant Association have found their tenth year as a Business Improvement District to be very successful and have achieved several accomplishments including: • Retained California Marketing Concepts to create and execute Marketing Plan of Work &t Budget • Distributed NBRA Dining Guides through the following outlets: Western Brochure Distributors, California Welcome Center, Conference &r Visitors Bureaus, hotels, Anaheim Convention Center display racks, direct mail, special events and various inquiries and media fulfillment • Maintained NBRA Website: w—wW.newportbeachdining.com (with upwards of 250,000 unique visitors daily) • Maintained Toll free Dining Reservation System for all NBRA restaurants with an average of 650 calls per month and 250 -300 direct connections to various NBRA restaurants • Implemented local media campaign to promote website, dining guide and phone reservation system • Mailed NBRA newsletters from the Board of Directors to all members • Developed and updated a comprehensive member listing and database • Active membership involvement with the Newport Beach Chamber of Commerce, the Newport Beach Conference and Visitor's Bureau, Anaheim Visitors & Convention Bureau and the California Restaurant Association • Placed advertisements in the NBCVB & AOCVCB Annual Visitor Guide Publications, Preferred Destinations, CA Official Visitor Guide, Los Angeles Times Magazine, OC Metro Menus, Orange County Cuisine, Destination Hyatt, NB Chamber Map, USA Today • Placed full panel advertisements in the NB Chamber map, the Anaheim Resort Rapid Transit Guide and the Anaheim Official Dining Guide • Negotiated over $55,000 worth of in kind media placements • Participated in NB Chamber, NBCVB, & AOC VCB and CPA Cooperative Marketing Programs • Secured a NBRA Co -op sponsorship panel display and referral program at the California Visitor Center to promote NBRA • Purchased two panels at the AOC VCB Restaurant Reservation Booth and participated in the referral program to promote the NBRA • Co- sponsored the "Taste of Newport" Chefs Cooking Pavilion and promoted event to public ■ Sponsored reduced cost Serve Safe and ABC seminars ■ Hosted NBRA annual luncheon membership networking meeting 4 Projosed Activities The improvements and activities to be provided for the year include: 1. Implementation of new FY 2007 Comprehensive Marketing Plan of Work & Budget 2. Marketing and Advertising campaigns to promote NBRA programs 3. Restaurant Association BID Member and Community Outreach 4. Active Membership in the Newport Beach and Anaheim Conference and Visitor's Bureau, Newport Harbor Area Chamber of Commerce, California and National Restaurant Associations. Proposed Buffet and Account Status The estimated cost of providing the proposed improvements and activities for the fiscal year in this report is approximately $121,000. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2007 Fiscal Year. The District's current account balance is approximately $37,000 at the end of the five months of the previous short fiscal year. It is anticipated the balance will be approximately $25,000 or less at the year -end, June 30, 2006, and will be carried over to the next fiscal year. Matching funds, if approved by the City Council, will be added to the amount designated for marketing activities in the following new fiscal year, July 2006 to June 2007. Thank You The merchants of Restaurant Association have worked hard to promote their member restaurants and the dining experience in Newport Beach as a whole. They wish to express their appreciation for the City Council's continued support of the Restaurant Association Business Improvement District, especially the $39,000 of matching funds, and the additional $35,000 of supplemental marketing funds provided by the City for FY 2006. Page 2 5 Restaurant Association Business Improvement District Priorities and Budget Outline July 1, 2006 —June 30, 2007 Funds Available FY End 2005 Funds to be collected January 2006 Anticipated Matching Funds from City Total Available Funds $25,000 $60,000 $36,000 $121,000 Planned Expenditures Percent of Budget Budget Amount 1. Marketing Plan Administration 25% $30,000 • Implement the current Marketing Plan • Identify and present new marketing opportunities to the Board • Supervise creative, production, printing and other Marketing Plan efforts 2. Media Advertising Buys 30% $36,000 • Expanded Print Media Campaign: Tourism Market: CA State, Anaheim Visitor Guides and Newport Beach Visitor Guide Local Market: Daily Pilot, OC Register, OC Metro, and Coast Magazine • Direct Mail Campaign to Local Residents 3. Marketing Collateral Development 250/6 $30,000 • Dining Guide Production &t Reprint • Dining Guide Distribution: Western Brochure 4. Communications 16% $19,000 • Maintain Toll -Free Dining Reservation System • Website Maintenance • Newsletter Development, Printing and Postage • Database Development and Update Memberships 2% $21,000 • Anaheim Visitors & Convention Bureau • California Restaurant Association • Newport Beach Chamber of Commerce • Newport Beach Visitor and Convention Bureau 6. Special Events 3% $4,000 • Annual Meeting Luncheon • Holiday Charitable Events • Special Event Sponsorships Page 3 (D Attachment B RESOLUTION NO. 2006---- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JULY 1, 2006 TO JUNE 30, 2007, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Restaurant Association Business Improvement District 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 "Act "), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, the Advisory Board has prepared an Annual Report for the Short Fiscal Year 2006 which is on file in the Office of the City Clerk; and WHEREAS, the Act requires the City Council to declare its intention to levy and collect assessments within the Business Improvement District for the next fiscal year. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Annual Report filed by the Advisory Board is hereby approved. The Annual Report contains a description of activities provided for the short year 2006, the District assessment fund balance to be carried forward, and a proposed program for the 2007 Fiscal Year. Section 2: The City Council hereby declares it intention to renew the Business Improvement District for the period of July 1, 2006 to June 30, 2007 pursuant to the Act. Section 3: The area of the District will remain the same: any restaurant doing business within the boundaries of the City of Newport Beach is r`) part of the District. I Section 4: The City Council intends to levy and impose and order the collection of a benefit assessment upon persons conducting business in the District. Such benefit assessment shall be as follows: A. For establishments with less than eleven (11) employees, the assessment shall be a flat $50.00. B. For establishments with greater than ten (10) employees, the benefit assessment shall be equal to the City's usual annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. C. The assessment for all other subject businesses within the District shall be 100 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. Section 5: The benefit assessments shall be collected by the City in one annual installment, with collections for new businesses in the District on the day of the issuance of a business license by the City. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the District's fiscal year. Section 6: The penalty for delinquent payments shall be twenty five percent per month, providing that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section 7: 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. The general promotion of restaurant trade activities. 5. Educational and training classes for members. 6. Memberships in organizations that promote dining in Newport Beach. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on June 27, 2006 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 Resolution No. 2006-_ Restaurant Association Business Improvement District I hear all interested persons for or against the establishment of the District, the extent of the District and the specific types of improvements or activities to be funded by the benefit assessment. 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 businesses within the District that pay fifty percent or more of the total assessments to be levied, no further proceedings to renew the District 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 within the District, those types of improvements or activities shall be eliminated. Further information regarding the proposed Business Improvement District renewal may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Telephone: (949) 644 -3225 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 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 and thereon held on the day of 2006. ATTEST: CITY CLERK MAYOR Resolution No. 2006 -_ Restaurant Association Business Improvement District 9 RESOLUnON NO. 2005-L4 A RESOLUTION OF THE CRY COUNCIL OF THE CRY OF NEWPORT BEACH DECLARING ITS MENTION TO RENEW THE RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JULY 1, 2006 TO JUNE 30, 2007, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Restaurant Association Business Improvement District was established In 1996 pursuant W the Parking and Business Improvement Area Law of 1989. California Streets and Highways Code, Section 36500 at seq., (hereinafter the 'Act"), which requires an annual report to be filed and approved by Me City Council for sack fecal year, and WHEREAS, Me Advisory Board has prepared an Annual Report for the Shat Fiscal Year 2006 which is on file in the Office of Me City Clerk: and WHEREAS. the Act requires the City Council to declare its Intention to levy and Idled assessments wMiln Me Business Improvement D'MrM for the nert fiscal year. NOW, THEREFORE Me City Council of the City of Newport Beach resolves as follows: Section 1: The Annual Report filed by the Advisory Boand is hereby approved. The Annual Report contains a description of activities provided for Me short year 2006. the DisbM assessment fund balance M be carried forward. and a proposed program for the 2007 Fiscal Year. Section 2: The City Council hereby declares R intention m renew the Business Improvement District for the period of July 1, 2006 to June 30. 2007 pursuant to the Act Section 3: The area of Me District will remain the same: any restaura t doing business within the boundaries of Me City of Newport Beach is part of the District. hear all interested Persons for or against Me establishment of the District, Me extent of the District and Me SpeclHC Was of improvements or acbvhies to be funded by me benefit assessment Protests may be made orally or in writing, but I written. shall be Red with Me City Cleric at or before the time fared for the Hearing and contain sufficient documentation W verify business ownership and valitlste Me particular protest. If w110en protests are received by the owners of businesses within the Dead that pay fifty parent or more of Me total esaeeemenla W be levied, no fuller proceedings W renew Me Dished shall be than fioz a period of one year from me data of the finding of a ma{ordy, protest by Ore City Council. If the majority protest IS only against Me furnishing of a Specific type ar Was of improvements or activity within Me District, those types of Improvements or acterg" shag be eliminated. Further informe0on regarding the proposed Business ImProvement District renewal may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Telephone: (949) 644 -3226 The City Clerk shall muse this resolution of intention W be Published once In a newspaper of general circulars n in the City at lead seven days before Me public hearing. This resolution shall take aged immediately upon atloption. Passed and adopted by the City Council of the City of Newport Beach at a regular meeting and Hereon heki on Me 13w day of June 2006 �� MAYOR N I % Section 4: The City Council intends to levy and impose and ardor Me collection of a benefit assessment upon Persons conducting business in the Dishict- Such berrefil assessment Shea be as fgbws: A. For establishments with less then eleven (11) employees, Me assessment shall be a list $50.00. B. For establishments with greater bran tan (10) employees, the benefit assessment shall be equal M the Guys usual armuel business license We as established pursuant to Chapter 5.08 of the Municipal Code. C. The assessment for all other subject businesses whin the District shall be 100 percent of the annual business license tax as established Pursuant to Chapter 5.00 of Me Municipal Code. Section 5: The benefit assessments shall be collected by the City In one annual installment, with collections for new businesses in Me Dishial on the day of Me issuance of a business license by the City. The assessment for new businesses shall be pro -rated according M the number of full months remaining in the Districts fiscal year. Section 6: The penalty far delinquent Payments shall be twenty five percent per month, providing that the Penalty to be added shall in no event exceed one hundred percent of We assessment amount due. Section 7: The Improvements and activities M 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. The general promotion of restaurant trade activities. 5. Educational am training Gasses for members. 6. Memberships in organizations that promote dining in Newport Beach. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shag conduct a Public hearing on June 27. 2006 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. Caffomria at which time Me County wdl STAIR OF IJFORNM COUNTY OF ORANGE CITY OF NEWPORT BRACH 1. Ls V.. M. H—N¢a. aty MoA a the Gey of Newport Beech. Cam cola da hereby oorldy that the whote number of members of the City Councl a seven: Hut the kne,oing realaHOq being Roealutoo No. 201 wee duty and repWerly intioduaed before and adapted by the Gay Co-ml of Said City at a regal- meeting of and Ooundl, duty and re4darly hold on du lath day ofJ. 2006, aad that the ante wee w rooted and adapted by ass folowmgro4. b wit Aye.: Solicit. Romnsky. [4dgawey. DaWe, No Mum Webb Nwe. None Abant Carty Ab.tabi Non. IN WITNESS WHEREOF, I haw hereunto Subaribed my tame and affixed she orecbl andcfaid Car r 11wday cf June task. axw Gry CI-t w Newpon Beach Celifornu poSkd Af * 10(A ions- H*D EMai V d -v Doti pilot- 6-Ige06 r'AVeu 42 AAGI Ri a - b• 14.0 ltd, 1a �U leant d �Woos ; AP( Authorized to Publish Advertisements of all kinds incladin? Public notices by Decree of the Superior Corot of Orange CDUBV, California - Number A- 11 September 29,196 1, and A 24WI Ilene 11,1963• RQ R ! IFF. ,l. PROOF OF PUBLICATiOW JUN 26 A10 :23 ®FFICE OF THE CITY CLERK STATE OF CALIFORNIA) CITY OF NEWPORT BEACH ) ss. COUNTY OF ORANGE ) RESOWTIONNO.2006.44 A RESOLUTION OF T4E CITY, COUNCIL OF THE .CITY OF NEWPORT BEACH DECLARING ITS Citizen 'INTENTION TO RENEW THE RESTAURANT i am a Citizen of the United Stages and ra . ASSOCIATION BUSINESS YEAR OF States DISTRICT 06 TO 30, 20 7, AND FIX HE TIME I, i 2006 TO JUNE S0, 2007, AND FIX THE TIME resident of the County aforesaid; I am. AND WHEREAS, LACE OFAPUBLIAHEARING. Bust over the age of eighteen years, and not a 1996 Improvement District was established fi pursuant to the Parking and Busmes party to or interested in the below entitled Improvement Area Law of .1989, Cahforni: Streets and Highways Code, Section 36500 e matter. I am a principal clerk of the seq., (hereinafter the 'Act"), which. requires ai annual report to be filed and approved by the NEWPORT BEACH C S p MESA City Council for each fiscal year; and -. t/0�7T1`t WHEREAS, the Advisory Board has prepare, an Annual Report for the Short Fiscal Year 200E DAILY PILOT, a newspaper of general which is on file in the Office of the City Clerk �L and circulation, printed and published in tile' WHEREAS, the Act requires the City Counci to declare its intention to levy and colleE City of Costa Mesa, County of Orange, assessments within the Business Improvemen District for the next fiscal year. ' State of California and that attached NOW, THEREFORE, the City Council of the CAI of Newport Beach resolves as follows. _ Notice is a true and complete copy Section 1 The Annual proved filed by ua p py Advisory Board is hereby approved. The Annua Report contains a description of activities was printed and published on th provided for the short year 2006, the District ' assessment fund balance to be carried forward following' dates' year a proposed program for the 2007 Fisca q Section 2: The City 'Council hereby declare: itAntention to renew the Business improvement District for the period of July 1, 2006 to June it '3 2007 pursuant to the Act. - ;Section Sr The area of the District wil . remain thesame: any restaurant doing businesE within the boundaries, of the City of Newporl 17,2006 Beach . is part of the District. 6 'Section 4. The City Council intends to levy 'z and impose and order the collection of a benefil assessment upon persons conducting business in the, District. Such benefit assessment shall lie as follows: A. For establishments with less than eleven I declare, under penalty of perjury, that le ,($50100. ogees, the assessment shall be flat B. For establishments with greater than the foregoing is true . and correct. Yen (10) employees, the benefit assessment Shall be equal to the City's usual annual.. business IT license tax as established pursuant to Chapter T 5:08 ofthe Municipal Code. Executed on " The assessment for 511 other Subject JIM 6 amasses of within the District shall be 100 # perercent established the annual business license tax he ''q Municipal pursuant to Chanter 5.08 of the at Costa Mesa, California: . Municipal Dnde - .'Section 5- The benefit assessments shall be ': collected by the City in one annual installment, with collections for new businesses in the District on the day of the issuance of a business license . by the City. The assessment for nV L businesses shall be pro -rated according to the Signature number of full months remaining in the District's L i� fisialy.. ' ,Sedtiearon 6. The penalty for delinquent pay. €i mpnts sfiall be twenty five percent per month, providing that the penalty to be added shall in :�. 'no event .exceed one 'hundred percent of the The 2. 3. 4. 6. BE 11 and public training classes for oreanizationsthat crested persons for or against the rot of the District, the extent of the D the .specific types of Amprovemen ties to be :funded by the benefit .a Protests may be made orally or in. w written, shall be filed with the City before the time fixed for the Hearin m sufficient - documentation: to verify ownership and validate: the part A. If written protests are received I s of businesses within the District fly percent or more of the Airtal a to be levied, no further'proceedir the District shall be taken for r a a year from ..t6e date..of; the Minding ty protest by the City Council. I dy protest is only. against the turn pecific - type or types ofimprovemei y within the District, those type uements or' activities shall be elimmati her information regarding the pro is, Improvement District renewal on edat the Newport Beach City Hall, et Boulevard, Newport Beach, Calif Telephone: (949) 644 -3225. Steven Bromber MAYOI arkless K Beach /Costa ,Mesa Dally Pilot Jun