HomeMy WebLinkAbout2002-74 - Restaurant Association Business Improvement DistrictRESOLUTION NO. 2002. 74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO RENEW THE RESTAURANT
ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL
YEAR OF JANUARY 1, 2003 TO DECEMBER 31, 2003, AND FIX THE
TIME AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Restaurant Association Business Improvement
District was established in 1996 pursuant to the Parking and Business
Improvement Area Law of 1989, California Streets and Highways Code, Section
36500 et seq., (hereinafter the "Act'), which requires an annual report to be filed
and approved by the City Council for each fiscal year; and
WHEREAS, the Advisory Board has prepared an Annual Report for
Fiscal and Calendar Year 2002 which is on file in the Office of the City Clerk;
and
WHEREAS, the Act requires the City Council to declare its
intention to levy and collect assessments within the Business Improvement
District for the next fiscal year;
NOW, THEREFORE, the City Council of the City of Newport Beach
resolves as follows:
Section 1: The Annual Report filed by the Advisory Board is
hereby approved. The Annual Report contains a description of improvements
and activities to be provided for 2003, the area boundaries, and the annual
assessment within the District.
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Section 2: The City Council hereby declares it intention to renew
the Business Improvement District for the fiscal year January 1, 2003 to
December 31, 2003 pursuant to the Act.
Section 3: The location of the District will remain the same: any
restaurant doing business within the boundaries of the City of Newport Beach is
part of the District.
Section 4: The City Council intends to levy and impose and order
the collection of a benefit assessment upon persons conducting business in the
District. Such benefit assessment shall be as follows:
A. For establishments with less than eleven (11) employees, the
assessment shall be a flat $50.00.
B. For establishments with greater than ten(10) employees, the
benefit assessment shall be equal to the City's usual annual business license
tax as established pursuant to Chapter 5.08 of the Municipal Code.
Section 5: The benefit assessments shall be collected by the City
in one annual installment, with collections for new businesses in the District on
the day of the issuance of a business license by the City. The assessment for
new businesses shall be pro -rated according to the number of full months
remaining in the District's fiscal year.
Section 6: The penalty for delinquent payments shall be twenty
five percent per month, providing that the penalty to be added shall in no event
exceed one hundred percent of the assessment amount due.
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Section 7: The improvements and activities to be funded by the
benefit assessments shall include only the following:
1. Marketing, advertising and public relations.
2. Brochure development and distribution.
3. Promotion of public events.
4. The general promotion of restaurant trade activities.
5. Educational and training classes for members
6. Memberships in 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 hearing on December 17, 2002 at 7:00
p.m., or 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 establishment of the
District, the extent of the District and the specific types of improvements or
activities to be funded by the benefit assessment. Protests may be made orally
or in writing, but if written, shall be filed with the City Clerk at or before the time
fixed for the Hearing and contain sufficient documentation to verify business
ownership and validate the particular protest. If written protests are received by
the owners of businesses within the District, 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
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of a specific type or types of improvements or activity within the District, those
types of improvements or activities shall be eliminated.
Further information regarding the proposed Business Improvement
District renewal may be obtained at the Newport Beach City Hall, 3300 Newport
Boulevard, Newport Beach, California, 92658. Telephone (949) 644 -3225.
The City Clerk shall cause this resolution of intention to be
published once in a newspaper of general circulation in the City at least seven
days before the public hearing.
This resolution shall take effect immediately upon adoption.
Passed and adopted by the City Council of the City of Newport Beach at a
regular meeting and thereon held on the 12th day of November 2002.
J. (�
MAYOR
ATTEST:
U)k Gal 'lVJtuu"
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2002 -74 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 12th
day of November, 2002, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway
Noes: None
Absent: Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of November, 2002.
(Seal)
City Clerk
Newport Beach, California