HomeMy WebLinkAbout95-117 - Restaurant Improvement District•
RESOLUTION NO. 95-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENTION TO
ESTABLISH THE NEWPORT BEACH RESTAURANT
IMPROVEMENT DISTRICT, APPOINTING AN ADVISORY
BOARD, AND FDONG THE TIME AND PLACE OF A PUBLIC
HEARING.
WHEREAS, various restaurant owners in Newport Beach have approached the City
requesting assistance to form a Parking and Business Improvement Area pursuant to Parking and
Business Improvement Area Law of 1989, contained in the California Streets and Highways
Code, Section 36500, et. seq. (hereinafter the "Act "); and
WHEREAS, the Act requires the City Council to initiate proceedings to establish a
business improvement district by adopting a resolution of intent; and
WHEREAS, the City has complied with all applicable public notice requirements of the
Act; and
WHEREAS, the Act permits the City Council to appoint an advisory board to
recommend expenditure of the benefit assessments.
NOW, THEREFORE the City Council of the City of Newport Beach resolves as
follows:
Section 1: That the City Council hereby declares its intention to establish a Parking and
Business Improvement Area pursuant to the Act.
Section 2: That the name of the area shall be the Newport Beach Restaurant
Improvement District (hereinafter the "District ").
Section 3: That the boundaries of the District shall be coterminous with the Newport
Beach corporate limits, as set forth with greater specificity in the official City map on file with the
City Clerk and incorporated herein by reference.
Section 4: That except where funds are otherwise available, the City Council proposes to
levy, impose and order the annual collection of a benefit assessment upon persons conducting a
• restaurant business in the District to pay for the improvements and activities specified herein. For
each restaurant business located within the District boundaries which employs 11 or more
workers the proposed benefit assessment shall be equal to one hundred percent (100%) of the
Resolution No. 95 -117
Newport Beach Restaurant Improvement District
Page 1
annual business license tax for that establishment pursuant to Chapter 5.08 of the Municipal Code.
For each restaurant business located within the District boundaries which employs 10 or fewer
workers the proposed benefit assessment shall be equal to Twenty -five dollars ($25.00) per year.
Section 5: The levy of benefit assessments shall commence on January 1, 1996. For
• existing establishments, the assessments shall be due at the same time as the next annual business
license tax payment. For new establishments the assessment shall be paid concurrent with the
issuance of the business license.
Section 6: That the penalty for delinquent payments of assessments shall be equal to that
established for delinquent business license taxes pursuant to Chapter 5.08 of the Municipal Code,
providing that the penalty amount to be added shall not exceed one hundred percent of the
assessment amount due. No City Business License shall be knowingly issued or renewed to any
business which, at the time of making an application for license or license renewal, is indebted to
the City for any delinquent benefit assessment.
Section 7: That the improvements and activities to be funded by the benefit assessments
shall include only marketing, promotion and advertising of restaurants located within the District.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
hereby appoints the Board of Directors of the Newport Beach Restaurant Association (a non-
profit corporation under the laws of the State of California) as the Advisory Board for the District
to assist in its formation and recommend to the City Council expenditure of the benefit
assessments, classification of businesses, as applicable, and the method and basis of levying the
assessments.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall
conduct a public hearing on November 13, 1995, 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
Resolution No. 95 -117
Newport Beach Restaurant Improvement District
Page 2
�J
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 establish 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 may be
obtained from the Newport Beach Restaurant Association, Telephone (714) 722 -1611 or the
Newport Beach Planning Department, (714) 644 -3230.
The City Clerk shall mail a complete copy of this resolution of intention by first class mail
to each restaurant operator in the District within seven days after the Council's adoption of this
resolution.
This resolution shall take effect immediately upon adoption.
ADOPTED this 19th date of October, 1995.
R PRO TEM
ATTEST:
CITY CLERK )
C:\WIKABIDSUMMSOMM
Resolution No. 95 -117
Newport Beach Restaurant Improvement District
Page 3