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HomeMy WebLinkAbout95-50 - Establishing the Marine Avenue Business Improvement DistrictORDINANCE NO. 95-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE MARINE AVENUE 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 September 25, 1995, the City Council of the City of Newport Beach adopted Resolution No. 95 -109, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ESTABLISH THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT, APPOINTING AN ADVISORY BOARD, AND FIXING THE TIME AND PLACE OF A • PUBLIC HEARING" declaring its intention 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 September 25, 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 October 19, 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. At the October 19, 1995 public hearing the Chairman of the Advisory Board submitted recommendations to the City Council that the proposed assessment be reduced as follows: A. The assessment shall be based on the business license base rate and shall not include the portion of the business license tax based on the number of employees. Ordinance No. 95 -50 Marine Avenue Business Improvement District Page 1 B. Independent contractors working for businesses such as hair salons shall be exempt from this assessment. SECTION 2. Establishment of Area. A parking and business improvement area to be known as the "Marine Avenue Business Improvement District" (the 'District ") is hereby •established pursuant to the Act. The location of the District is generally the 200 and 300 blocks of Marine Avenue as 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 two hundred percent (200 %) of the City's usual • annual business license tax base rate (i.e., excluding that portion based on number of employees) as established pursuant to Chapter 5.08 of the Municipal Code. Independent contractors working for businesses such as hair salons shall be exempt from this assessment. 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 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. That the penalty for delinquent payments 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 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 Ordinance No. 95 -50 Marine Avenue Business Improvement District Page 2 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 the following purposes: A. Marketing, advertising and public relations B. Public area maintenance activities 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 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- 109 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 Apl2roval/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 -50 Marine Avenue Business 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 19th day of October , 1995. ATTEST: /f /,/1' � , r Attachment AYES, COUNCILMENBERS EDWARDS, WATT, DEBAY, HEDGES, COX, GLOVER, O'NEIL NOES, COUNCIL MEMEERS NONE ABSENT, COUNCIL MEMBERS NONE MAYOR Pro Tem v Exhibit A: District boundary map C :\WIN ...\BMS\BAL-ISL \ORD- FINL.DOC Ordinance No. 95 -50 Marine Avenue Business Improvement District Page 4