HomeMy WebLinkAbout25 - Assessment Levy IncreaseCITY 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@newpodbeachca.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 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
( "CEQK) 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:
Restaurant Association BID Levy Increase
September 22, 2009
Page 4
Submitted by:
eigh M. De Santis Sharon Z. Wood
Economic Development Administrator Assistant City Manager
Attachment: Resolution 2009 - _
Letter from the Advisory Board
RESOLUTION NO. 2009 -
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 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°/x) 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
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 BEAN
IU IAV i A AI Ass W:0k
MayorEdwardl) SeUth
The City of Newport Beach
3300 Newport Blvd PO Box 1768
Newport Beach, CA 92658 -8915
=363 -�♦/4 \1�L'1
Re: RestaarantAssoclation BID Ben efitAssessmentLevyIncrrase Request
Dear Mayor Selich:
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 1� , 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 29h, 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 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.
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 City's 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.
Respectfully Submitted By
dluu,c a. V,/(�
Sherri A. Drewry
President
The Newport Beach Restaurant Association BID
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
September 23, 2009
Dear Food Service Operator.
Enclosed is a Resolution/Public Notice announcing a proposed increase in the benefit
assessment levy of the Newport Beach Restaurant Association Business Improvement
District (NBRA). Your business is a member of the NBRA if it meets the definition below:
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.
The Advisory Board of the NBRA has proposed an increase to the annual levy assessed to your
business. This will be the first increase since 1996. On September 22, 2009, the City Council
passed a Resolution of Intenfion to increase the benefit assessment levied. Prior to approving
the increase there will two opportunities for members to protest the increase.
1. There will be a public meeting on October 13, 2009, at 7:00 p.m. in the
Council Chambers located at 3300 Newport Boulevard, Newport Beach,
California to hear public comment regarding the proposed increase in the
annual benefit assessment levy.
2. There will be a Public Hearing on November 10, 2009, at 7:00 p.m. 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, protests need to be filed with the City
Clerk before November 10, 2009 at the time fixed for the Public Hearing and contain sufficient
documentation to verify business ownership and validate the particular protest. Immediately
following the Public Hearing a vote will be taken on the increase by the City Council.
If written protests are received from the owners of businesses within the NBRA 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.
On the back of this letter is a discussion of the benefits and services provided to your
business by the NBRA and paid for by your benefit assessment. Enclosed is a copy of
the Resolution of Intention detailing the new benefit assessment levy formula so you
may calculate your assessment If you have questions, please call Economic Development
Administrator Leigh M. De Santis at 949-644 -3207.
3300 Newport Boulevard . Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: 1949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- bcach.ca us
BENEFITS + SERVICES
PARTICIPATION MATTERS
Take full advantage of your benefics Isom the Newport
Beach Restaurant Association BID. Restaurants who arc
actively involved in the programs offered by the NBRA BID
get the most value from their investment. The NBRA BID
is committed to helping all Newport Beach Restaurants
succeed and we strongly encourage you to participate.
'The following benefits and services are examples of haw
the Newport Beach Parauranr Association BID supports
the food service industry and the restaurants of Newport
Beach, California:
NEWPORT BEACH DINtHG TELEPHONE
RESERVATION SYSTEM: 877ANB.DINC
Designated toll -free NBRA BID phone number with three
digir dialing code assigned to every NBRA BID member,
providing the opportunity ro record promotional messages,
transfer directly to establishment, make reservations or request
a Newport Beach Dimming Guide.
NEWPORT BEACH OFFICIAL DINING GUIDE
• official Marketing Collateral Fulfillment Piece
• 150,000 Copies Distributed Annually
• Complimentary Rurauiant listing Opportunity
• Individual Restaurant Advertising Opportunity
OFFICIAL WED SITE:
N E W PORTB EACH D I NING.CO M
The NBRA BID official web site includes a custom Newport
Beach Dining starch engine. AB nstuuants am a part of an
interactive database allowing users to search for Newport
Beach restaurants through specific search functions.
NEW WEB SITE FEATURES:
• Complimentary Restaurant
&headed Listing Opportunity
�s!� • ;
- Complimenay Resarrrarsr Photo
Opportunity - (5) images
�',��� Cam limrnnry Link Opportunity -
__ ti Social Nawoddng URta
"�''''`'° Resaumant ToB -Free Phone Online
Dining Reservation System
-" Indlvidual,Restawant Banner
Advertising Oppotrtunicy
• Individual Relaprant Online Reservation Opportunity
• Search Engine Optimization Plan, Social Media Marketing
• Electronic Ncwslmas & Internet Muketing Programs
• Newport Beach Dining PDA Web Site Application Downloads
ANNUAL MARKETING PLAN DEVELOPMENT + EXECUTION
• Strategic Result Driven Marketing Campaigns
• Profmionai Marketing Industry Expertise & Service
• Destination Brand Markering Development
• In -IGnd Media Sponsorships & Association Partnerships
• Public Relations & Publicity Campaigns
• Targeted Call to Action Advertising Campaigns
•
Cooperative Marketing Programs
• Interactive Markering & Dhoti Mag Campaigns
• Internet Marketing & Official Web Site
• Promotional Marketing Collateral Production
Irtaroal Communication Progaarns
• Community Relations & promotions
• Special Event$ Sponsorships
• Resraursnr Industry Benefit Programs & Networking
• Rautuanr Industry Education & Advocacy
•
Restaurant Industry Strategic ABianos
The NBRA BID has foamed many valuable: pannctships with
food industry purveyors, media, the California Restaurant
Association, the Newport Beach Conference and Visitors Bumu,
the Anaheim Orange County Convention and Visitors Bureau,
the Newport Beach Chamber ofCommace, the Newport Beach
Police and Fire Departments, the County of Orange, community
groups and mote
GENERAL NBRA BID INFORMATION
'The .NBRA BID was created by the City of Newport Beach
at the request of food service industry businesses within the
City. Every food service business in the Ciry is assessed a levy
thu is given to the NBRA BID to be used for marketing
purposes. The NBRA BID is governed by a Board of
Directors electod by and among susses. The NBRA BID
Board of Directors determines programs and operarions for
the NBRA BID. Whether you participate in NBRA BID
meetings or nor you must will pay the levy. We hope you
will choose to become an active participant!
The officers of the Newport Beach Rataunnt Associarlon
BID serve two -ynr terms and consist of the following
voting members:
EXECUTIVE BOARD OF DIRECTORS
• President • Vice President
• Treasurer • Secretary
BOARD MEMBERS
The INewport Beach Restaurant Association BID elects a
minimum of Ave and a maximum of twenty -five Board of
Directors annually
ANNUAL ASSESSMENT + BUDGET
ANNUAL AssessmENT
The NBRA BID levies upon themselw an annual assessrttenc
which is determined by the number of employees and the
City business license tax. Assessments are billed and normally
collected through the Chy of Neirport Beach in one annual
installment in the fall.
ANNUAL BUDGET
The NBRA BID annual working budget is over $300,000 with
a leveraged value of over $500,000. It is comprised of the Irvied
assessment, marching and supplemenad funds allocated by the
City of Newport Beach and sponsorships. Tbc annual budget
is approved and allocated by the Board of Directors to promote
the food service industry in Newport Bach.
MEETINGS
ANNUAL MEETING
The Newport Beach Rutaurant Association BID schedules
an annual meeting during the first quarter of every Fiscal
year which starts July Ist. All members are invited to attend.
At this meeting, the Board of Directors is elected and the
annual plan of work is discussed.
BOARD OF DIRECTORS' MEETINGS
'Ihe Newport Beach Rataucant Association BID Board
of Directors meets regularly every two months to conduct
official business, approve marketing plans, allocate funds
and discuss work in progress.
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