HomeMy WebLinkAbout98-76 - Newport Beach Restaurant Improvement DistrictRESOLUTION NO. 98 - 76
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENTION TO RENEW
THE NEWPORT BEACH RESTAURANT IMPROVEMENT
DISTRICT FOR THE FISCAL YEAR OF JANUARY 1, 1999 TO
DECEMBER 31, 1999, MODIFYING THE ASSESSMENT AND
FIXING THE TIME AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Newport Beach Restaurant 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 Year
1999 which is on file in the Office of the City Clerk; and
• WHEREAS, the Advisory Board has requested the assessments be modifed for
•
Fiscal Year 1999: and
WHEREAS, the Act requires the City Council to declare its intention to levy and
collect assessments within the District for the next fiscal year.
follows:
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
Section 1: The Annual Report by the Advisory Board is on file with the City
Clerk per State law. The Annual Report contains a description of improvements and activities
to be provided for FY 1999, the area boundaries, and the annual assessment within the District.
Resolution No. 98 -_
Newport Beach Restaurant Improvement District
Resolution of Intention
Page 1
Section 2: The City Council hereby declares it intention to renew the Restaurant
• Improvement District for the fiscal year January 1 - December 31, 1999 pursuant to the Act.
Section 3: The businesses affected by the District will remain the same, i.e., all
restaurant establishments within Newport Beach.
Section 4: The City Council proposes to levy, impose and order the collection of
a benefit assessment upon persons conducting a restaurant business in the District. The
assessment for those businesses with 10 or fewer employees shall be increased to $50.00, a
change from the minimum of $25.00 assessed last fiscal year. The benefit assessment will
remain the same for those establishments with 11 or more employees the 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. 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 6: 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 7: The improvements and activities to be funded by the benefit
assessments shall include only the following:
•
Resolution No. 98 -_
Newport Beach Restaurant Improvement District
Resolution of Intention
Page 2
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 14, 1998, 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
from 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 activities within the District, those types of improvements or activities
shall be eliminated.
Further information regarding the proposed Restaurant Improvement
District renewal may be obtained at the Newport Beach Planning Department, City Hall,
• Resolution No. 96 -_
Newport Beach Restaurant Improvement District
Resolution of Intention
Page 3
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3300 Newport Boulevard, Newport Beach, California, 92658 -8915. 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
ATTEST:
CITY CLERK
23rd day of November 1998.
OR
F:\... \SHARED\BI DS\REMCOUNCIL \99RENE W\CC -RESOI .DOC
Resolution No. 98 -_
Newport Beach Restaurant Improvement District
Resolution of Intention
Page 4
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. 98 -76, 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 23rd
day of November, 1998, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Hedges, Noyes, Mayor Edwards
Noes: None
Absent: Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of November, 1998.
I
(Seal)
•
City Clerk of the City of
Newport Beach, California