HomeMy WebLinkAbout99-78 - Restaurant Business Improvement District• RESOLUTION NO. 99 -78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE
NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT FOR
THE FISCAL YEAR OF JANUARY 1, 2000 TO DECEMBER 31, 2000.
WHEREAS, the Newport Beach Restaurant Business 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 22, 1999 the Newport Beach Restaurant Business
Improvement District annual report was filed and approved by the City Council.
as follows:
NOW, THEREFORE, the City Council of the City of Newport Beach resolves
Section 1: The City Council hereby approves the renewal of the Newport Beach
Restaurant Business Improvement District for the 2000 fiscal year pursuant to the Act.
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 declares the intention to levy assessments
upon persons conducting a restaurant business in the District. For those establishments with 11
• 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 $50.00.
Section 4: The benefit assessments shall be collected by the City or an assigned
contractor 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, 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 13, 1999 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 by 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 activity or benefit within the District,
those types of improvements or activities or benefit zones shall be eliminated.
Further information regarding the proposed Business Improvement District
renewal and expansion 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 held on the
22nd day of November, 1999.
ATTEST:
CITY CLERK
•
STATE OF CALIFORNIA }
• COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARMLESS, 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. 99 -78, 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 22nd
day of November, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
• official seal of said City this 23rd day of November, 1999., D
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City Clerk
Newport Beach, California
(Seal)
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