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Home My WebLink About95-4 - Establishing The Central Balboa Business Improvement DistrictORDINANCE NO. 95 -4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE CENTRAL BALBOA BUSINESS IMPROVEMENT DISTRICT •WHEREAS, the City Council of the City of Newport Beach desires to establish a Business Improvement District to provide for the imposition of a benefit assessment and to adopt an ordinance to such effect, NOW THEREFORE the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Intent and Purpose. On February 13, 1995, the City Council of the City of Newport Beach adopted Resolution No. 95- 13 , declaring its intention to establish the Central Balboa Business Improvement District (herein referred to as the "District') and to levy a benefit assessment on all 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 February 27,. 1995, the City Council held a public hearing which was duly noticed pursuant to the Act, and introduced Ordinance No. 95- t 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. SECTION 2. Establishment of Area. A parking and business improvement area to be known as the "Central Balboa Business Improvement District' (the "District") is hereby established pursuant to the Act. The boundaries of the • District are generally located on the Newport Peninsula between the Pacific Ocean and Newport Harbor between Adams Street and A Street, and on East Balboa Boulevard between Adams Street and Coronado Street, and set forth with greater specificity in the map attached as Exhibit A and incorporated herein. 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 collection of a benefit assessment to be imposed upon persons conducting business in the District. Such 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. SECTION 5. Collection of Benefit Assessment. The collection of benefit assessments shall be collected by the City in one annual installment in combination with the collection of the annual business license fee. Levy of assessments will commence on April 1, 1995, 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. That the penalty for delinquent payments shall be equal to that established for delinquent business license • fees pursuant to Chapter 5.08 of the Municipal Code, providing that the penalty amount be added shall in no event 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 application or license or renewal thereto, is indebted to the City for any delinquent benefit assessment. 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 is pursuant to this ordinance shall be used only for the following purposes: A. Streetscape and Landscape design. B. Decoration of any public place in the area. C Promotion of public events which are to take place on or in public places in the area. D. The general promotion of retail trade activities in the area, including but not limited to costs of studies made to improve trade therein and payments to associations or individuals engaged in such promotion. E. Purchase and installation of benches, planters, street lamps or similar public facilities. • F. Building facade design assistance. 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 created by Section 9 of this ordinance. The revenues from the levy of assessments shall not be used to provide improvements or activities outside of the District or for any other purpose not specified in this section or in any subsequent ordinance or Resolution. Section 9. AdyffisoU Board. (a) Appointment. The City Council by Resolution shall appoint 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, and on the 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. 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 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 0 1 meeting thereof held on the 27th day of February , 1995. AYES, COUNCIL MEMBERS EDWARDS, WATT, DEBAY, HEDGES, COX, GLOVER, O'NEIL NOES, COUNCIL MEMBERS NONE ABSENT, COUNCIL MEMBERS NONE MAYOR • ATTEST: /! U% !-ZFW • co O f-4 TW N �1 -N G N U /1\ •I 1 C. O w \;.., • r-, F� \ \ g\ \ o° \ J \ \ T \ 0� \ R � a /J P,OpyHJ /SFS/d°�°�a oa�Z4N T M er. & e °1. zg N m O Z� SIN VV r �x1 c 0 U U 4. U O 0, � E Em o cr l� a,LL z L d O O C O m m U -F� e `�a1 sE r 3P�L� SIN VV r �x1 c 0 U U 4. 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