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HomeMy WebLinkAbout95-13 - Central Balboa Business Improvement DistrictRESOLUTION NO. 95 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ESTABLISH THE CENTRAL BALBOA BUSINESS IMPROVEMENT DISTRICT, APPOINTING AN ADVISORY BOARD, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, various members of the Central Balboa business community 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, Article 36500, et. seq. (hereinafter the "Act "); and WHEREAS, on February 13, 1995, the City Council reviewed this request and approved its further exploration; and WHEREAS, the Act permits the City Council to appoint an advisory board to recommend expenditure of the benefit assessments; and 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 Central Balboa Business Improvement District. Section 3: That the location of the District is generally 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 4: That the City Council proposes to levy, impose and order the collection of a benefit assessment upon persons conducting business in the District. Such benefit assessments 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: That 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: 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 to 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: That the improvements and activities to be funded by the benefit assessments shall include only the fallowing: 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. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach hereby appoints the Board of Directors of the Balboa Merchants and Owners Association (a non - profit corporation under the laws of the State of California) as the Advisory Board for the Central Balboa Business Improvement District to assist in its formation and to recommend to the City Council expenditure of the benefit assessments. • BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on February 27, 1995, at 7:00 p.m., or 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 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 Districts may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Telephone (714) 644 -3002. 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. The City Clerk shall mail a complete copy of this resolution of intention by first class mail to each business operator in the District within seven days after the Council's adoption of this resolution. 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 13th day of February 1995. ADOPTED this 13th date of February 1995. ATTEST: 8C OYC IZETROl // � A J MAYOR m m P a I rt n� rt CID O C 7 a 0 7 I� �Z o -! A Qi $2 J L O n O m i Am 0.CI r C_VI/ r'pao 0. 0. � � g HN •m {P ay 9 r t l m i yf � a P . m \ \ P qJJ \ \ HN dro � K ( o CA O