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HomeMy WebLinkAbout95-55 - Establishing the Newport Beach Restaurant Improvement DistrictORDINANCE NO. 95-55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT • WHEREAS, the City Council of the City of Newport Beach desires to establish a Tourism Improvement District to provide for the imposition of a benefit assessment and to adopt an Ordinance to such effect; and WHEREAS, the City Council finds that the restaurant businesses within the District area will be benefited by the improvements and activities funded by the assessments proposed to be levied, and that only restaurant businesses that benefit from tourist visits shall be assessed. NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Intent and Purpose. On October 19, 1995, the City Council of the City of •Newport Beach adopted 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 FIIGNG THE TIME AND PLACE OF A PUBLIC HEARING" declaring its intention to levy a benefit assessment on all restaurant businesses within said District, the proceeds of which shall be used for the public purposes therein described, pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act "). On October 19, 1995, the City Council held a public meeting in the City of Newport Beach Council Chambers which was duly noticed pursuant to the Act, and introduced this Ordinance. On November 13, 1995 the City Council held a public hearing in the City of Newport Beach Council Chambers to receive protests from any persons and affected business owners. The City Council has heard and considered all oral and written protests or other comments regarding ® such proposed action; and, written protests from businesses in the proposed area paying a majority of the proposed assessment have not been received; and, the City Council finds, based on all evidence presented that the businesses within the District will be benefited by the expenditure of the funds raised by the assessments proposed to be levied. Ordinance No. 95 -55 Newport Beach Restaurant Improvement District Page 1 SECTION 2. Establishment of Area. A parking and business improvement area to be known as the "Newport Beach Restaurant Improvement District' (the "District ") is hereby established pursuant to the Act. The boundaries of the District shall be coterminous with the Newport Beach corporate limits, as described in the official City map on file with the City Clerk and as may be amended from time to time. • SECTION 3. Boundary Modification. The City Council may modify the boundaries or assessments established by this Ordinance; the modifications shall be made pursuant to the requirements of the Act, but no assessment shall be modified which would impair the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments. SECTION 4. Benefit Assessment. The City Council hereby levies and imposes and orders 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 1 I or more workers the proposed benefit assessment shall be equal to one hundred percent (100 %) of the 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. Collection of Benefit Assessment. The benefit assessments shall be collected by the City in one annual installment in combination with the collection of the annual business license tax. Levy of assessments will commence on January 1, 1996, and for new businesses in the District on the day of the issuance of a business license by the City. SECTION 6. Penalty for Delinquent Payment.. 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. Ordinance No. 95 -55 Newport Beach Restaurant Improvement District Page 2 SECTION 7. Changes in Assessments. Any businesses covered by this Ordinance shall also be subject to changes which may be made in the assessments or in the uses to which the revenues shall be put, as specified in this Ordinance and as permitted by the Act; such changes shall be made by later ordinance adopted after hearing before the City Council, or by Resolution, if approved in conjunction with confirmation of the Annual Report. • SECTION 8. Improvements and Activities. The benefit assessments collected pursuant to this Ordinance shall be used only for marketing, promotion and advertising of restaurants located within the District. The City Council of Newport Beach shall have sole discretion as to how the revenue derived from the benefit assessments is to be used within the scope of the above purposes, provided; however, it shall consider recommendations as to the use of said revenue made by the Advisory Board referenced in Section 9 of this Ordinance. The revenues from the levy of assessments shall not be used to provide improvements or activities for the direct benefit of properties located outside of the District or for any other purpose not specified in this section or in any subsequent Ordinance or Resolution. • Section 9. Advisory Board. (a) Appointment. The City Council by Resolution 95 -117 appointed an Advisory Board which shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant to this part, on the classification of businesses, as appropriate, and on the basis and method of levying the assessments. (b) Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The report shall be filed with the City Clerk and shall comply with all the requirements of Streets and Highways Code Section 36533. (c) Approval of Report. The City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and approve it • as modified. The City Council shall not approve a change in the basis or method of levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments. SECTION 10. Annual Approval/Resolution. After approval of the report filed by the Advisory Board, the City Council pursuant to Section 36534 of the Act, shall adopt annually a Ordinance No. 95 -55 Newport Beach Restaurant Improvement District Page 3 resolution of intention to levy an assessment for that fiscal year. The City Council shall hold a public hearing prior to the adoption of a resolution confirming the Annual Report and Levy of Assessments. SECTION 11. This ordinance shall take effect 30 days after passage. • PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular meeting thereof held on the 13th day of November, 1995. C7 ATTEST: CAWIN ... \BIDSVMORD.DOC • AYES, COUNCIL MEMBERS EDWARDS, WATT, DEBAY, HEDGES, COX, GLOVER, O'NEIL NOES, COUNCIL MEMBERS NONE ABSENT, COUNCIL MEMBERS NONE MAYOR Ordinance No. 95 -55 Newport Beach Restaurant Improvement District Page 4