HomeMy WebLinkAbout2001-92 - Restaurant Association BIDRESOLUTION NO. 2001- 92
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, 2002 TO DECEMBER 31, 2002, 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 2001 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 2002, the area boundaries, and the annual assessment within the District.
Section 2. The City Council hereby declares it intention to renew the
Business Improvement District for the fiscal year January 1, 2002 to December 31, 2002
pursuant to the Act.
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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 hereby declares its intention 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.
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.
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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 11, 2001 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 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 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 (714) 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.
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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 13`h day of November 2001.
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MAYOR
ATTEST:
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. 2001 -92 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
13th day of November, 2001, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of November, 2001.
(Seal)
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City Clerk
Newport Beach, California