HomeMy WebLinkAbout28 - Newport Beach Restaurant Improvement District Annual Renewala�wroR, CITY OF NEWPORT BEACH Hearing Date.
o° T COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.
> D
�s PLANNING DEPARTMENT Staff Person:
3300 NEWPORT BOULEVARD .
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX 949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
W
Christy Teague
(949) 644 -3207
SUBJECT: Newport Beach Restaurant Improvement District Annual Renewal
SUMMARY: Public hearing to consider the renewal of the Newport Beach
Restaurant Improvement District for the 1999 calendar year
SUGGESTED
ACTION: I. Hold public hearing regarding the renewal of the Newport Beach
Restaurant Improvement District; and
2. a. If protests represent less than 50 percent of the total assessment
amount, adopt Resolution renewing the Newport Beach Restaurant
Improvement District confirming the Annual Report and levying the
BID assessment for calendar year 1999.
Ka
b. If protests represent 50 percent or more of the total assessment
amount, abandon the proceedings to renew the District.
Background
On November 23, 1998 the City Council held a public meeting, approved the Newport Beach
Restaurant Improvement District Annual Report and adopted a Resolution of Intention to levy
assessments for the 1999 calendar year. Details regarding the proposed renewal of the District and the
annual report are provided in the attached staff report.
Discussion
A public 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. If protests represent less than 50
percent of the total assessment, the City Council may approve the renewal of the District.
At the time this report was prepared, one letter of opposition to the renewal had been received (copy
attached). Staff will provide an update on any subsequent correspondence and a tabulation of protests
at the City Council meeting.
Notice of this public hearing has been published in the Daily Pilot and copies of the Resolution of
Intention were mailed to all affected restaurants in compliance with state law.
Conclusion
The Board of Directors believes that the Association has been successful in promoting the
restaurant industry during its three years of existence. The attached staff report and Annual Report
from the Board of Directors fully describe the promotional activities of the Newport Beach
Restaurant Improvement District.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Attachments:
Resolution confirming the assessment for 1999
City Council Staff Report of November 23, 1998
Letter from William C. Hardesty, Park Ave. Cafe
Prepared by:
CHRISTY D. TEAGUE, AICP
Senior Planner
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Page 2
RESOLUTION NO. 97 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH RENEWING THE NEWPORT BEACH
RESTAURANT IMPROVEMENT DISTRICT, CONFIRMING THE
ANNUAL REPORT AND LEVYING THE ASSESSMENT FOR THE
1998 CALENDAR YEAR.
WHEREAS, the Newport Beach Restaurant Improvement District was established
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, on November 13, 1995 the City Council approved the establishment
of the Newport Beach Restaurant Improvement District which commenced on January 1, 1996;
and
WHEREAS, on November 10, 1997 the Newport Beach Restaurant Improvement
District annual report was filed and approved by the City Council and Resolution of Intent No.
97 -74 to levy assessments was adopted as required by the Act; and
WHEREAS, the City Clerk has caused the Resolution of Intention to be published
once in a newspaper of general circulation in the City at least seven days before the public
hearing, in compliance with the Act.
follows:
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
Section 1: The City Council hereby confirms the Annual Report and approves the
renewal of the Newport Beach Restaurant Improvement District for the 1998 calendar year
pursuant to the Act.
Resolution No. 97 -_
Newport Beach Restaurant Association
1998 Annual Renewal
Page I
Section 2: The businesses included within the District will remain the same, i.e.,
all restaurant establishments within Newport Beach.
Section 3: The City Council hereby levies, imposes and orders the collection of a
benefit assessment upon persons conducting a restaurant business in the District. For those
establishments with I 1 or more employees the benefit assessment shall be equal to the City's
usual annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code,
and for those businesses with 10 or fewer employees the annual assessment shall be $25.00.
Section 4: The benefit assessments shall be collected by the City in one annual
installment. Assessments will be levied on the date the annual District renewal becomes
effective, and 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 5: The penalty for delinquent payments shall be twenty -five percent of
the assessment amount per month, providing that the penalty to be added shall in no event
exceed one hundred percent of the assessment amount due.
Section 6: The improvements and activities to be funded by the benefit
assessments shall include only the following:
1. Marketing, advertising and public relations for the benefit of restaurants in
Newport Beach.
Resolution No. 97 -_
Newport Beach Restaurant Association
1998 Annual Renewal
Page 2
Y
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 1997.
u. v •;
ATTEST:
CITY CLERK
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Resolution No. 97 -_
Newport Beach Restaurant Association
1998 Annual Renewal
Page 3
5
CITY OF NEWPORT BEACH
?EW�Rr COMMUNITY AND ECONOMIC
Hearing Date: November 23, 1998
DEVELOPMENT
PLANNING DEPARTMENT'
Agenda Item No.:
3300 NEWPORT BOULEVARD Staff Person: Christy Teague
NEWPORT BEACH.CA92658
(949) 644 -3207
(949) 644 -3200; FAX (949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Newport Beach Restaurant Improvement District
1998 Annual Report and District Renewal
SUMMARY: The Newport Beach Restaurant Improvement District was
established January 1, 1996. This report summarizes the District's
accomplishments during its third year of operation, the proposed
activities and budget for the coming year and a change in the 1999
assessments. The Newport Beach Restaurant Association 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 December 14, 1998.
ACTION: 1. Approve Newport Beach Restaurant Improvement District
1998 Annual Report; and
2. Adopt the Resolution of Intention and set the public hearing
for December 14, 1998.
Overview
The Newport Beach Restaurant Improvement District is nearing the end of its third year of
operation and requests renewal of the District for the fiscal year January 1 to December 31, 1999.
The District includes all restaurant establishments within Newport Beach. State law requires that
an annual report be prepared and a public hearing be held each year prior to renewal of the District.
A summary of accomplishments during 1998 and proposed activities for 1999 are provided below.
1998 District Accomplishments
The Restaurant Association has sponsored the following promotions and activities during the past
year:
1. Publication of an updated, full color Newport Beach Restaurant Guide
(100,000 copies)
2. Creation of promotional videos about Newport Beach restaurants which appeared over
500 times on cable channels
3. Participation in the Conference and Visitors Bureau summer tourism promotion
Newport Beach Restaurant Association
November 23, 1998
Page 1
N
4. Web page development listing all members on Internet on www.newportbeachdining.com
5. Member communications through a Restaurant Association Newsletter by fax or by mail
6. 800# for restaurant information: (877) 4NB -DINE which rings as a separate line at the
Conference and Visitors Bureau
7. LEAD /Alcohol Awareness program regularly scheduled for all interested members
The total district assessment for the 1998 fiscal year was approximately $44,000. During 1998 the
district collected approximately $41,500 and has spent approximately $34,500 for approved
activities. It is anticipated that a remaining balance of approximately $7,000 will be carried over
into the 1999 fiscal year budget.
1999 Proposed Activities and Budget
The activities proposed for the coming year include marketing, advertising, public relations,
industry advocacy and member communications to benefit the Newport Beach restaurant industry.
The estimated budget for these activities is approximately $43,000.
Assessment Collection
The benefit assessments are proposed to be modified in 1999 in accordance with increased member
services and costs. For restaurants with 11 or more employees the benefit assessment is proposed
to be the same as in 1998: equal to the annual business license tax as established pursuant to
Chapter 5.08 of the Municipal Code. For those businesses with 10 or fewer employees the
assessment would be increased from a flat $25 per year in 1998 to a flat $50 per year in 1999.
Assessments would be collected in one installment at the beginning of the fiscal year and pro -rated
for new businesses that open during the fiscal year. The penalty for delinquent payments is equal to
that established for delinquent business license taxes pursuant to Chapter 5.08 of the Municipal
Code, providing that the penalty amount added shall in no event exceed one hundred percent of the
assessment amount due.
Conclusion
The attached Annual Report further describes the budget and activities for the upcoming year, and
has been filed with the City Clerk's office as required by State law.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Attachments: A al Report
aft Resolution of Intention
Prepared by:
CHRISTY D. TEAGUE, AICP
Senior Planner
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Page 2
NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT
FY 1999 ANNUAL REPORT
This is the third annual report for the Newport Beach Restaurant Improvement
District, as required by Section 36533 of the California Streets and Highways
Code. The report covers the District's accomplishments during the previous
fiscal year (January 1 to December 31, 1998) and the proposed activities and
budget for fiscal year 1999.
The affected businesses of the benefit zone will be all restaurant establishments
within Newport Beach.
The improvements and activities to be provided for the fiscal year will be
marketing, advertising, public relations, industry advocacy and member
communications.
The estimated budget for the activities described in this report is approximately
$43,000.
For establishments with 11 or more employees the benefit assessment shall be
equal to the City's annual business license tax as established pursuant to
Chapter 5.08 of the Municipal Code. Due to the expanded services provided
each business, for those businesses with 10 or fewer employees the benefit
assessment shall be increased to a flat $50 per year, a change from the
minimum assessment of 'a flat $25 per year. The benefit assessments will be
collected by the City in one annual installment. Assessments will be pro -rated
for new businesses that open during the fiscal year. The penalty for delinquent
payments shall be equal to that established for delinquent business license fees
pursuant to Chapter 5.08 of the Municipal Code, providing that the penalty
amount added shall in no event exceed one hundred percent of the assessment
amount due.
The amount of surplus to be carried over from the 1998 fiscal year is estimated
to be approximately $7,000.
At this time the Restaurant Association does not anticipate raising additional
funds from other sources during the 1999 fiscal year.
Among the Restaurant Association's accomplishments during 1998 are the
following:
1. Publication of an updated, full color Newport Beach Restaurant Guide
(100,000 copies)
2. Creation of promotional videos about Newport Beach restaurants which
appeared over 500 times on cable channels
3. Participation in the Conference and Visitors Bureau summer tourism
promotion
4. Web page development listing all members on Internet on
www.newportbeachdining.com
5. Member communications through a Restaurant Association Newsletter by
fax or by mail
6. 800# for restaurant information: (877) 4NB -DINE which rings as a
separate line at the Conference and Visitors Bureau
7. LEAD /Alcohol Awareness program regularly scheduled for all interested
members
The Newport Beach Restaurant Association appreciates the continued support
of the City Council.
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q
RESOLUTION NO. 98 - 76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENTION TO RENEW
THE NEWPORT BEACH RESTAURANT IMPROVEMENT
DISTRICT FOR THE FISCAL YEAR OF JANUARY 1, 1999 TO
DECEMBER 31, 1999, MODIFYING THE ASSESSMENT AND
FIXING THE TIME AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Newport Beach Restaurant 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 Fiscal Year
1999 which is on file in the Office of the City Clerk; and
WHEREAS, the Advisory Board has requested the assessments be modifed for
Fiscal Year 1999; and
WHEREAS, the Act requires the City Council to declare its intention to levy and
collect assessments within the District for the next fiscal year.
follows:
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
Section 1: The Annual Report by the Advisory Board is on file with the City
Clerk per State law. The Annual Report contains a description of improvements and activities
to be provided for FY 1999, the area boundaries, and the annual assessment within the District.
Resolution No. 98 -_
Newport Beach Restaurant Improvement District
Resolution of Intention
Page 1
lb
Section 2: The City Council hereby declares it intention to renew the Restaurant
Improvement District for the fiscal year January 1 - December 31, 1999 pursuant to the Act.
Section 3: The businesses affected by the District will remain the same, i.e., all
restaurant establishments within Newport Beach.
Section 4: The City Council proposes to levy, impose and order the collection of
a benefit assessment upon persons conducting a restaurant business in the District. The
assessment for those businesses with 10 or fewer employees shall be increased to $50.00, a
change from the minimum of $25.00 assessed last fiscal year. The benefit assessment will
remain the same for those establishments with 11 or more employees the assessment shall be
equal to the City's usual 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. Assessments will be levied on the date the annual District renewal becomes
effective, and 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 of
the assessment amount 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:
Resolution No. 98 -,
Newport Beach Restaurant Improvement District
Resolution of Intention
Page 2
1. Marketing, advertising, public relations, industry advocacy and member
communications for the benefit of restaurants in Newport Beach.
BE IT FURTHER RESOLVED, that the City Council of the City of
Newport Beach shall conduct a public hearing on December 14, 1998, 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 renewal 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
from the owners of businesses within the District which 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 activities within the District, those types of improvements or activities
shall be eliminated.
Further information regarding the proposed Restaurant Improvement
District renewal may be obtained at the Newport Beach Planning Department, City Hall,
Resolution No. 98 -_
Newport Beach Restaurant Improvement District
Resolution of Intention
Page 3
3300 Newport Boulevard, Newport Beach, California, 92658 -8915. 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 23rd day of November 1998.
ATTEST:
CITY CLERK
OR
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Resolution No. 98 -_
Newport Beach Restaurant Improvement District
Resolution of Intention
Page 4
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARELESS, 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. 98 -76, 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 23rd
day of November, 1998, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Hedges, Noyes, Mayor Edwards
Noes: None
Absent: Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of November, 1998.
(Seal)
City CIerk of the City of
Newport Beach, California
Vmpo S Bcach Since 1957 William C. Hardesty
Realtor
503 Park Avenue, Balboa Island, Ca. 92662
(949) 675 -2866 FAX (949) 673 -7118
Email = BalboaHomc@aol.com
31 Years on Balboa Island. 41 years in Ntmport Beach
November 4, 1998
Christy Teague, Senior Planner
City of Newport Beach Planning Dept.
3300 Newport Boulevard
Newport Beach, Ca. 92658 -8915
Please forward a copy to each City Council Member.
Re. Balboa Island Bayside Business Improvement District
And Newport Beach Restaurant Association
Dear Christy and Honorable City Council Members,
Balboa Island site 1967
RECEIVED BY
PLANNING DEPARTMENT
CITY OP NFWPORT BEAC`•.
NOV '10 1998
AM PM
71819110111112111213141516
k
I have a real estate business at 503 Park Ave. on Balboa Island, and Park Ave. Cafe at 501 Park
Ave. on Balboa Island, and I am opposed to both of the above bids.
I have successfully operated my real estate office on Balboa Island since 1967, and Park Ave.
Cafe since 1984 without these "Bids ".
As a past Board Member of the Balboa Island Improvement Association, I know that gaining
and maintaining membership and funds to operate is hard work, but can be accomplished without
demanding funds from unwilling participants. We were often disappointed when someone
wouldn't join the Association , so I can imagine how jubilant the leadership of the Newport
Restaurant Association and the Balboa Island Business Association were when they found a way
to force all merchants to pay. It may be easier for the leaders, but in my opinion it's an abuse of
legislation intended for blighted areas.
The leadership of both associations should join the Chamber of Commerce and head up a
committee to fulfill their desires. That's the American Way!
These bids amount to "tax and spend" wherein businesses are taxing businesses and competing
with the Chamber of Commerce.
I would much rather increase my contribution to "Defend the Bay"— than give "spin" money to
these associations. Restaurant guides are a dime a dozen. Heavy traffic and parking shortages
prove that everyone who comes to Newport wants to see Balboa Island and a clean bay. I'll do
my own advertising, thank you!
Yours tru y,
William C. Hardesty
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