HomeMy WebLinkAbout11 - Newport Beach Restaurant Association Business Improvement DistrictSEW p w
CITY OF
as NEWPORT BEACH
�q��oP City Council Staff Report Agenda Item No. 11
June 12, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Tara Finnigan, Public Information Manager
A K.t
APPROVED: 9
TITLE:
Resolution of Intention to Renew the Newport Beach Restaurant
Association Business Improvement District and Levy Assessments
in FY 2012 - 2013
ABSTRACT:
The Newport Beach Restaurant Association Business Improvement District (NBRA BID)
Board of Directors has submitted the BID's FY 2011 - 2012 Annual Report for Council
approval and requested renewal of the BID for FY 2012 - 2013.
RECOMMENDATIONS:
1. Approve the Newport Beach Restaurant Association Business Improvement
District FY 2011 - 2012 Annual Report.
2. Adopt Resolution 2012 - 43, a Resolution of Intention to renew the Newport
Beach Restaurant Association Business Improvement District and levy
assessments in Fiscal Year 2012 - 2013 and set the public hearing date for June
26. 2012.
FUNDING REQUIREMENTS:
The City of Newport Beach, or its approved designee, collects the member
assessments on behalf of the NBRA BID and remits the monies back to the BID for
funding the activities described in the attached annual report. In addition to the
assessments, the City's proposed FY 2012 - 2013 budget includes sufficient funding for
providing $38,000 in matching funds to the BID.
Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in FY 2012 - 2013
June 12, 2012
Page 2
DISCUSSION:
The NBRA BID was formed pursuant to the Parking and Business Improvement Area
Law of 1989 (1989 Law), codified in Streets and Highways Code Sections 36500 et
seq., for the purpose of financing activities and programs to benefit businesses located
and operating in the area. The NBRA BID territory encompasses any restaurant doing
business within the boundaries of the City of Newport Beach. (Boundary Map is
attached to the Resolution as Exhibit A.)
The NBRA BID is nearing the end of its FY 2011 - 2012 and the Board of Directors has
requested renewal of the BID for FY 2012 - 2013. Pursuant to the 1989 Law, an annual
report must be prepared and a public hearing must be held prior to the BID's renewal.
The NBRA BID Board of Directors, which serves in an advisory capacity to the City
Council, has prepared and submitted the attached annual report (Attachment A) for the
Council's review and approval. The report includes a summary of the BID's FY 2011 —
2012 accomplishments and revenues as well as its proposed activities and budget for
the new fiscal year. The report does not contain recommendations to alter the BID
boundaries or the method and basis for levying assessments.
Therefore, City staff is recommending adoption of Resolution 2012 - 43, a Resolution of
Intention to renew the Newport Beach Restaurant Association Business Improvement
District (Attachment B) and levy assessments in Fiscal Year 2012 - 2013 and setting the
public hearing date for renewing the NBRA BID for June 26, 2012.
Staff also wishes to acknowledge Clinton Scott Palmer of BID Systems for his work in
preparing the annual report and assistance in bringing this item forward for Council
review.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in FY 2012 - 2013
June 12, 2012
Page 3
Submitted by:
Tara Finnigan
Attachments: A. FY 2011- 2012 NBRA BID Annual Report & FY 2012 -2013 Priorities
and Budget
B. Resolution of Intention 2012 - 43
NEWPORT BEACH RESTAURANT ASSOCIATION
BUSINESS IMPROVEMENT DISTRICT
FISCAL YEAR 2011 -2012 ANNUAL REPORT
This is the annual report for the sixteenth year of the Newport Beach Restaurant Association
Business Improvement District. As required by Section 36533 of the California Streets and
Highways Code, the annual report shall contain the following information:
1.) Proposed Changes to the District Boundary
There are no changes proposed to the district boundaries.
2.) Improvement and Activities for the Fiscal Year of July 1, 2012 to June 30, 2013
The NBRA BID will institute the following programs:
Collateral Development: Creative. Production & Printing
The BID will create and print a New Establishment informational brochure, and reprint
NBRA stationary and NBRA membership decals.
Newport Beach Dining Guide
The BID will republish 100,000 of the Newport Beach Dining Guide. Graphic design and
production and the NBRA database updates will be accomplished using outside vendors.
Ad sales, project management, and advertising coordination will be handled by outside
vendors. An appropriate vendor for printing the guide will be selected.
Dining Guide Distribution Plan
The BID will distribute the Dining Guide through different vendors to reach the tourist
market in regional hotels, airports, large corporation break rooms, and other locations to
assure maximum exposure.
Phone Reservation System
The BID will contract to provide a centralized toll -free phone reservation system for
online dining reservations, information, or dining guide requests.
Ad Campaign Creative Production and Design
The BID will contract to create new brand photography and new advertising campaign
copy.
Print & Online Media Advertising Campaigns
The BID will implement national campaigns through the Visit Newport Beach and the
Anaheim Visitor's and Convention Bureau. Local advertising campaigns are planned
with the LA Times, the Newport Beach Chamber of Commerce, the Corona del Mar
Chamber of Commerce, and other BID media partners.
NBRA Website Development
The BID will continue to provide a comprehensive website, including such features as
Integrated NBRA Database Management, Real Time Restaurant Searching, Restaurants
Menu Display (pdf), Multiple Image Display for Restaurants, Restaurant Online
Reservations, Integrated Driving Directions, Banner Ad Manager, 1 -Click Export for all
Dining Guide Data, Event Management - Restaurant Week, Direct Marketing Application
to Restaurants & Consumers, Social Networking Campaigns & Blog
Social Media Marketing & Internet Campaigns
The BID will implement search engine optimization plans as well as Google & Facebook
Ad Word Campaigns. E- newsletters, blogs, and other social networking programs will be
instituted.
Public & Media Relations Campaigns
The BID will contract with the Business Wire Press Center to provide online PR services.
Cooperative Marketing Campaigns
The BID will contract with the Anaheim/Orange County Convention and Visitors'
Bureau and the Anaheim Resort Transit Authority in cooperative marketing campaigns
including restaurant kiosks targeting the Anaheim drive market and a bus wrap
advertising campaign.
NBRA Annual Meeting
The BID will hold its Annual Meeting at a local restaurant, where it will recognize
sponsors and provide a review of financial standing of the BID, elect members to the
Advisory Board, review program achievements, and ask for feedback from the general
membership.
Community Event Participation
The BID will participate and contribute to the following events: Newport Beach Relay for
Life, Police Appreciation Breakfast, Newport Beach Mayor's Dinner and other special
events.
NBRA BID Professional Memberships
The BID will maintain memberships with but not limited to the following entities:
Anaheim Convention and Visitors' Bureau, California Restaurant Association, Newport
Beach Chamber of Commerce, and Visit Newport Beach, Inc.
Marketing & Association Management Fee
The BID will contract with an appropriate outside vendor to handle marketing and public
relations services.
2
Restaurant Week Cost Sharing
The NBRA BID will provide ancillary funding for the January 2013 Newport Beach
Restaurant Week in addition to whatever funds are allocated to the event by the City.
Administration Fee
Fees will be paid for postal mailings, bank fees, assorted insurances and other
administrative costs.
3.) The Cost of These Activities Is Projected as Follows:
Collateral Development: Creative, Production & Printing $ 1,000
Newport Beach Dining Guide
$
37,000
Dining Guide Distribution Plan
$
9,188
Phone Reservation System
$
5,000
Ad Campaign Creative Production and Design
$
4,000
Print & Online Media Advertising Campaigns
$
19,695
NBRA Website Development
$
11,500
Social Media Marketing & Internet Campaigns
$
15,000
Public & Media Relations Campaigns
$
3,500
Cooperative Marketing Campaigns
In Kind
NBRA Annual Meeting
$
3,000
Community Event Participation
In Kind
Restaurant Week Cost Sharing
$
60,000
NBRA BID Professional Memberships
$
1,070
Marketing & Association Management Fee:
$
30,000
Administration Fee
$
6,000
TOTAL
$205,953
4.) The Method and Basis of Levying the Assessment Shall be as Follows:
The benefit assessments will be collected by the City in one installment. Assessments
shall be collected at the beginning of the fiscal year, and shall be pro -rated for new
businesses that open during the year.
For establishments with less than eleven (I1) employees, the assessment shall be a flat
$95.00. For establishments with greater than ten (10) employees, and whose business
license tax is less than $600, the benefit assessment shall be equal to the City's usual
annual business license tax as established pursuant to Chapter 5.08 of the Newport Beach
Municipal Code plus an additional $65. For establishments with greater than ten (10)
employees, and whose business license tax is $600 or more, the benefit assessment shall
be equal to the City's usual annual business license tax as established pursuant to Chapter
5.08 of the Newport Beach Municipal Code plus an additional $145.
The penalty for delinquent payments shall be equal to that established for delinquent
business license fees pursuant to Chapter 5.08 of the Newport Beach Municipal Code,
3
providing that the penalty amount added shall in no event exceed one hundred percent
(100 %) of the assessment amount due.
5.) Surplus Carryover from Fiscal Year 2011 -2012
The BID estimates that $30,000 will be carried over from Fiscal Year 2011 -2012 to Fiscal
Year 2012 -2013.
6.) Sources of Contributions from Other than Levy
The BID estimates that there will be approximately $38,000 contributed to the BID from
the City of Newport Beach. In addition, the BID anticipates receiving $2,500 from
sponsors of the annual luncheon and $21,000 from sponsors of the Dining Guide.
7.) Past Year Accomplishments
The Fiscal Year of 2011 -2012 was a successful one for the NBRA BID. The NBRA BID
instituted and completed the following projects and initiatives:
• Developed and executed comprehensive strategic marketing and public relations
plan of work branding Newport Beach as Southern California Premier Dining
Destination.
• Maintained an innovative user friendly web site and foodie blog with enhanced
Search Engine Optimization plan, cutting edge technology, vertical media mix,
social media campaign integration and online reservation system.
• Organized, prepared, marketed and implemented the Annual Newport Beach
Restaurant Week campaign in January 2012.
• Republished the 2012 NBRA Dining Guide and maintained targeted cost effective
distribution of 100,000 copies.
• Maintained database and toll -free dining reservation system for all NBRA BID
restaurants.
• Developed and executed traditional, internet and social media marketing
campaigns leveraging promotion of the Newport Beach Dining brand in and out
of market.
• Continue to develop partnership marketing opportunities, sponsorships and
generate in -kind value as a top budget priority for the NBRA BID to stay
competitive as marketing and operational costs continue to increase.
• Integrated community partnerships, strategic marketing campaigns and
cooperative programs with Visit Newport Beach, Anaheim CVB, Anaheim Rapid
Transit, American Express, California Restaurant Association, Taste of Newport,
Nestle Waters North America, Spreebird and numerous media outlets and
sponsors.
• Secured valuable in -kind media sponsorship and publicity generating visibility
and brand awareness for Newport Beach Dining both in and out of market.
4
• Positioned Newport Beach dining brand and restaurants in the forefront of local
patrons, travelers, media, restaurant industry leaders, decision makers and meeting
event planners, in concert with Visit Newport Beach, Anaheim Convention and
Visitor Bureau, Orange County Tourism Council and Visit California.
• Co- sponsored industry- specific seminars (Serve Safe and ABC) and educational
campaigns (DUI awareness & Best Practices, etc.) working in concert with the
California Restaurant Association, City of Newport Beach, Newport Beach
Chamber of Commerce and the NBRA BID membership.
• Developed tangible ways to measure the effectiveness of the NBRA BID
marketing plan of work based on increased restaurant sales and publicity through
the media plan, dining guide distribution, website traffic, online and central
reservation system usage and electronic surveys.
Fiscal Year District Revenues
During the fiscal year 2011 -12, the BID received approximately $115,102 in member
assessments. The City provided $38,000 in matching funds. The BID was able to raise an
additional $15,265 in various sponsorships for the Annual Meeting, Dining Guide
participation, and other events. Total cash revenue for FY 2011 -2012 was approximately
$168,276.
The BID will spend by fiscal year end approximately $138,300 for approved activities.
The BID's current account balance is approximately $89,000. It is anticipated that a year-
end balance of approximately $30,000 will be carried over into the FY 2012 - 2013
budget.
The merchants of the Newport Beach Restaurant Association want to thank the City Council for
their financial support and efforts on behalf of the BID.
5
Newport Beach Restaurant Association
Business Improvement District
Priorities and Budget Outline
July 1, 2012 — June 30, 2013
Revenues Amount
Funds Available FY End 2011 - 2012 $ 30,000
Funds to be Collected FY 2012 -2013 $ 114,000
Anticipated Matching Funds from City $ 38,000
Anticipated Funds from Sponsorships 23,500
TOTAL AVAILABLE FUNDS $ 206,500
Priorities Amount
Collateral Development: Creative, Production & Printing
$
1,000
Newport Beach Dining Guide
$
37,000
Dining Guide Distribution Plan
$
9,188
Phone Reservation System
$
5,000
Ad Campaign Creative Production and Design
$
4,000
Print & Online Media Advertising Campaigns
$
19,695
NBRA Website Development
$
11,500
Social Media Marketing & Internet Campaigns
$
15,000
Public & Media Relations Campaigns
$
3,500
Cooperative Marketing Campaigns
In Kind
NBRA Annual Meeting
$
3,000
Community Event Participation
In Kind
Restaurant Week Cost Sharing
$
60,000
NBRA BID Professional Memberships
$
1,070
Marketing & Association Management Fee:
$
30,000
Administration Fee
$
6,000
TOTAL EXPENDITURES $ 205,953
IN*id]11,1j9 Is] ►10[9�111]1110
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, 2012 TO JUNE 30, 2013, AND FIX THE TIME AND
PLACE OF A PUBLIC HEARING.
WHEREAS, the Newport Beach 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 "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 2011 -2012 fiscal year which is on file in the Office of the City Clerk; and
WHEREAS, on June 12, 2012, the Newport Beach Restaurant
Association Business Improvement District annual report 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
Newport Beach Restaurant Association Business Improvement District (BID) for fiscal
year 2012 -2013 pursuant to the 1989 Law.
Section 2: The City Council hereby declares the intention to levy
assessments for the BID for the fiscal year July 1, 2012 to June 30, 2013 pursuant to
the 1989 Law. Such benefit assessment shall be as follows:
A. For establishments with less than eleven (11) employees, the
assessment shall be a flat $95.00.
B. For establishments with greater than ten (10) employees, and a
license tax less than $600, the benefit assessment shall be equal
to the City's usual annual business license tax as established
Resolution No. 2012 - 43
NBRA Business Improvement District
2
pursuant to Chapter 5.08 of the Newport Beach Municipal Code
plus an additional $65.00.
C. The assessment for all businesses whose license tax is $600 or
greater, the benefit assessment within the BID shall be 100 percent
of the annual business license tax as established pursuant to
Chapter 5.08 of the Newport Beach Municipal Code, plus an
additional $145.
Section 3: The penalty for delinquent payments shall be equal to that
established for delinquent business license fees pursuant to Chapter 5.08 of the
Newport Beach Municipal Code, providing that the penalty to be added shall in no event
exceed one hundred percent of the assessment amount due.
Section 4: The benefit assessments shall be collected by the City in
one annual installment. The assessment for new businesses shall be pro -rated
according to the number of full months remaining in 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. The 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 Newport Beach
Restaurant Association Business Improvement District Fiscal Year 2011 -2012 Annual
Report, which is on file with the Office of the City Clerk.
Section 6: The location of the BID will remain the same: Any
restaurant doing business within the boundaries of the City of Newport Beach is part of
the BID, as set forth with greater specificity in the map attached as Exhibit A.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport
Beach shall conduct a public hearing on June 26, 2012 at 7 p.m., or as soon thereafter
Resolution No. 2012 - 43
NBRA Business Improvement District
3
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 BID, the extent of the BID 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 the businesses within the BID which pay fifty percent or more of the
total assessments to be levied, no further proceedings to renew the 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 BID, those types of improvements or
activities or benefit zones shall be eliminated.
Further information regarding the proposed BID renewal may be obtained
at the City Manager's Office, 3300 Newport Boulevard, Newport Beach, CA 92663; 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 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 12th day of June, 2012.
ATTEST:
Leilani Brown, City Clerk
Attachment: Exhibit A (Boundary Map)
Nancy Gardner, Mayor
Resolution No. 2012 - 43
NBRA Business Improvement District
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STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH/COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Saturday, June 16, 2012
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on June 22, 2012
at Los Angeles, California
Signatureo-J IJ
RESOLUTION NO. 2012-40
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH DECLARING ITS INTEN-
TION TO RENEW THE MARINE AVENUE BUSINESS
IMPROVEMENT DISTRICT AND LEVY ASSESS-
MENTS FOR THE FISCAL YEAR OF JULY 1, 2012
TO JUNE 30, 2013, AND FIX THE TIME AND
PLACE OF A PUBLIC HEARING.
WHEREAS, the Marine Avenue Business Im-
provement District was established in -1996 pursu-
ant 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
Marine Avenue Business Improvement District
Board of Directors, has prepared an Annual Report
for the 2011-2012 fiscal year which is on file in
the Office of the City Clerk; and
WHEREAS, on June 12, 2012, the Marine Avenue
Business Improvement District annual report 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 Marine Avenue Business
Improvement District (BID) for fiscal year 2012-
2013 pursuant to the 1989 Law.
Section2: The City Council hereby declares the
intention to levy assessments for the BID for the
fiscal year July 1, 2012 to June 30, 2013 pursuant
to the 1989 Law. Such benefit assessment shall be
as follows:
A.Banks and financial institutions that are exempt
from City business license regulations shall be
assessed $500 per year.
B. Insurance agencies that are exempt from City
business license regulations shall be assessed $250
per year.
C. Persons operating one of the following types of
businesses as an independent contractor in an
establishment owned by another person shall be
exempt from this assessment:
1. Hair stylists
2. Nail technicians
3. Real estate agents
D.The assessment for all other businesses within
the BID shall be 100 percent of the annual business
license tax as established pursuant to Chapter 5.08
of the Newport Beach Municipal Code if the
business is located in a downstairs space; if
upstairs, a flat $25.00 will be assessed.
Section 3: The penalty for delinquent payments
shall be equal to that established for delinquent
business license fees pursuant to Chapter 5.08 of
the Newport Beach Municipal Code, providing that
the penalty to be added shall in no event exceed
one -hundred percent of the assessment amount
due.
Section 4: The benefit assessments shall be
collected by the City in one annual installment. The
assessment for new businesses shall be pro -rated
according to the number of full months remaining
in 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.Public area improvements and maintenance pro-
grams
3.Promotion of public events that are to take place
on or in any public places in the area
4.General promotion of retail trade activities
5.Administration.
The implementation of these actions is more fully
described in the Marine Avenue Business Im-
provement District Fiscal Year 2011-2012 Annual
Report, which is on file with the Office of the City
Clerk.
Section 6: The location of the BID will remain the
same: Generally the 200 and 300 blocks of Marine
Avenue, as set forth with greater specificity in the
map attached as Exhibit A.
BE IT FURTHER RESOLVED, that the City Council
of the City of Newport Beach shall conduct a public
hearing on June 26, 2012 at 7 p.m., or as soon
thereafter as this matter may be heard, in the
Council Chambers located at 3300 Newport Boule-
vard, Newport Beach, California at which time the
Council will hear all interested persons for or
against the renewal of the BID, the extent of the
BID 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 owner-
ship and validate the particular protest. If written
protests are received by the owners of the
businesses within the BID which pay fifty percent
or more of the total assessments to be levied, no
further proceedings to renew the 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 BID, those types of
improvements or activities or benefit zones shall
be eliminated.
Further information regarding the proposed BID
-newal may be obtained at the City Manager's r
6��liz
-Ern.- 67
r.. a
Office, 33uu Newport Bouievaro, Newport Beach,
CA 92663; 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 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 12th day of June, 2012.
ATTEST: Nancy Gardner, Mayor
/s/
Leilani Brown, City Clerk
* Exhibit A (Boundary Map) can be viewed at the
City Clerk's Office at 3300 Newport Boulevard,
Newport Beach, CA 92663.
Published Newport Beach/Costa Mesa Daily Pilot
June 16 2019
0 i • • •
211:11111M,
A
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH/COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Saturday, June 16, 2012
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on June 22, 2012
at Los Angeles, California
16
Signature , <_j.;
JU
1-y /Z I11 1 Gtt
RESOLUTION NO. 2012-43
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH DECLARING ITS
INTENTION TO RENEW THE NEWPORT BEACH
RESTAURANT ASSOCIATION BUSINESS IM-
PROVEMENT DISTRICT AND LEVY ASSESSMENTS
FOR THE FISCAL YEAR OF JULY 1, 2012 TO JUNE
30, 2013, AND FIX THE TIME AND PLACE OF A
PUBLIC HEARING.
WHEREAS, the Newport Beach Restaurant Asso-
ciation Business Improvement District was estab-
lished in 1996 pursuant to the Parking and
Business Improvement Area Law of 1989, Califor-
nia Streets and Highways Code, Section 36500 et
seq., (hereinafter the "1989 Law"), which requires
an annual report to lye 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 2011-2012 fiscal
year which is on file in the Office of the City
Clerk; and
WHEREAS, on June 12, 2012, the Newport Beach
Restaurant Association Business Improvement Dis-
trict annual report was filed and approved by the
City Council.
NOW, THEREFORE, the City Council of the City
of Newport Beach resolves as follows:
b2Section 1: The City Council hereby declares its
intention to renew the Newport Beach Restaurant
Association Business Improvement District (BID)
for fiscal year 2012-2013 pursuant to the 1989
Law.
Section 2: The City Council hereby declares the!
intention to levy assessments for the BID for the
fiscal year July 1, 2012 to June 30, 2013 pursuant
to the 1989 Law. Such benefit assessment shall
be as follows:
A. For establishments with less than eleven (11)
employees, the assessment shall be a flat $95.00.
B. For establishments with greater than ten (10)
employees, and a license tax less than $600, the
'benefit assessment shall be equal to the City's
usual annual business license tax as established
pursuant to Chapter 5.08 of the Newport Beach
Municipal Code plus an additional $65.00. .
C.The assessment for all businesses whose license
tax is $600 or greater, the benefit assessment
within the BID shall be 100 percent of the annual
business license tax as established pursuant to
,Chapter 5.08 of the Newport Beach Municipal
Code, plus an additional $145.
Section 3: The penalty for delinquent payments
shall be'equal to. that established for delinquent
business license fees pursuant to Chapter 5.08 of
the Newport Beach Municipal Code, providing that
the penalty'to be added shall in no event exceed
one hundred percent of the assessment amount
due.
Section 4: The benefit assessments shall be
collected by the City in one annual installment.
The assessment for new businesses shall be
pro -rated according to the number of full months
remaining in BID's fiscal year.
Section 5: The improvements and activities to be
funded by the benefit assessments shall include
only the following:
1. Markbting, 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 various organizations deemed
to promote dining in Newport Beach.
The implementation of these actions is more fully
described in the Newport Beach Restaurant Asso-
ciation Business Improvement District Fiscal Year
2011-2012 Annual Report, which is on file with
the Office of the City Clerk.
Section 6: The location of the BID will remain the
same: Any restaurant doing business within the
boundaries of the City of Newport Beach is part
of the BID, as set forth with greater specificity in
the map attached as Exhibit A.
BE IT FURTHER RESOLVED, that the City Council
of the City of Newport Beach shall conduct a
public hearing on June 26, 2012 at 7 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 BID, the extent
of the BID and the specific types of improvements
or activities to be funded by the benefit assess-
ment. 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 BID which pay fifty
percent or more of the total assessments to be
levied, no further proceedings to renew the 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 I
the furnishing of a specific type or types of
improvements or activity or benefit within the BID,
those types of improvements' or activities or
benefit zones shall be eliminated.
Further information regarding the proposed BID
renewal may be obtained at the City Manaeer's
ilffice, 3300 Newport Boulevard, Newport Beach,
CA 92663; 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 [east 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•B&Vh at a regular meeting
held on the 12th day of June, 2012. /s/
Nancy Gardner, Mayor
ATTEST:
/s/
Leilani Brown, City Clerk
* Exhibit A (Boundary Map) can be viewed at the
City Clerk's Office at 3300 Newport Boulevard,
Newport Beach, CA 92663.
Published Newport Beach/Costa Mesa Daily Pilot
11mee 16, 2019