HomeMy WebLinkAbout97-85 - Restaurant Improvement DistrictRESOLUTION NO. 97 --85
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CONFIRMING THE NEWPORT BEACH
RESTAURANT IMPROVEMENT DISTRICT 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.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
0 follows:
Res 97 -85
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.
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 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 $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.
Res 97 -85
• 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 8th day of December 1Qo'7
ATTEST:
MY CLERK
STATE OF CALIFORNIA }
• COUNTY OF ORANGE } ss.
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. 97 -85, 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 8th day
of December, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Glover, Noyes, and Mayor Edwards
Noes: Hedges
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of December, 1997.
•
(Seal)
•
(/lyJQrin(, /�l
City Clerk of the City of
Newport Beach, California
F 3