HomeMy WebLinkAbout2016-82 - Declaring Its Intention to Forgive Delinquent Assessments and Penalties for the Newport Beach Business Restaurant Association Business Improvement District and Fixing the Time and Place of a Public Hearing ThereonRESOLUTION NO. 2016-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS
INTENTION TO FORGIVE DELINQUENT
ASSESSMENTS AND PENALTIES FOR THE NEWPORT
BEACH RESTAURANT ASSOCIATION BUSINESS
IMPROVEMENT DISTRICT AND FIXING THE TIME AND
PLACE OF A PUBLIC HEARING THEREON
WHEREAS, the Property and Business Improvement Law of 1989, Streets and
Highways Code Sections 36500 et seq. ("1989 Law"), authorizes cities to establish
property and business improvement districts for the purpose of promoting business
activities which benefit the stakeholder businesses;
WHEREAS, on November 13, 1995, the Newport Beach City Council adopted
Ordinance No. 1995-55 establishing the Newport Beach Restaurant Association
Business Improvement District ("NBRA BID") pursuant to the 1989 Law;
WHEREAS, on September 22, 2009, the Newport Beach City Council amended
the NBRA BID's annual benefit assessment levy by adopting Ordinance No. 2009-26;
WHEREAS, the NBRA BID has continued to assess its member businesses and
apply penalty charges per City Council Resolution each fiscal year;
WHEREAS, there are approximately 462 businesses within the NBRA BID, of
which approximately 82 are delinquent in the payment of their assessments and/or
penalties on their delinquencies;
WHEREAS, the total amount of delinquent assessments and penalties is
approximately Sixty One Thousand Two Hundred Seventy Four Dollars and 63/100
($61,274.63) through Fiscal Year 2015/2016; and
WHEREAS, the NBRA BID Advisory Board of Directors requests that the City
Council forgive NBRA BID delinquent balances including assessments and penalties
applied to outstanding assessments.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Resolution No. 2016-82
Page 2 of 3
Section 1: The City Council hereby declares its intention to implement a
forgiveness program to remove the outstanding balances of NBRA BID member's
accounts ("NBRA BID Forgiveness Program") under the following conditions:
A. The NBRA BID Forgiveness Program shall commence upon the 26 day of
August, 2016.
B. The delinquent assessments and penalties qualifying for the NBRA BID
Forgiveness Program shall be for the Fiscal Years commencing July 1, 1995 and
ending June 30, 2016 only.
C. Assessments and penalties assessed upon a delinquent NBRA BID assessment
pursuant to Ordinance Nos. 1995-55, 2009-26, and related resolutions, shall be
forgiven.
D. The City Finance Director or his/her designee shall administer the NBRA BID
Forgiveness Program.
Section 2: The time and place for a public hearing on the NBRA BID
Forgiveness Program is set for 7 p.m. or as soon thereafter as the matter may be heard
on July 12, 2016, at the Council Chambers located at 100 Civic Center Drive, Newport
Beach, CA 92660.
Section 3: The City Clerk is directed to provide notice of the public hearing in
accordance with Streets and Highways Code Sections 36523 and 36541.
Section 4: The City Council finds the adoption of this resolution of intention is
not subject to the California Environmental Quality Act ("CEQA") 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.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Resolution No. 2016-82
Page 3 of 3
Section 6: This resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of June, 2016.
ATTEST:
iane B. Dixon
Mayor
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Leilani I. Brown
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2016-82 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 281h day of June, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon,
Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 29th day of June, 2016.
AL-,
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)