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Home My WebLink About25 - Corona del Mar BID RenewalCITY OF NEWPORT BEACH �+EW�Rr COMMUNITY AND ECONOMIC Hearin Date: August 14, 2001 C4 DEVELOPMENT b v' n PLANNING DEPARTMENT Agenda Item No.: 25 u �= 3300 NEWPORT BOULEVARD Staff Person: George A. Berger, AICP c�c�oaN� NEWPORT BEACH, CA 92658 (949) 644 -3207 (949) 644 -3200; FAX (949) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL PROPOSAL: Corona del Mar Business Improvement District Renewal Public Hearing and le-,ying of Assessments for 2001 -2002 Fiscal Year SUMMARY: Conduct public hearing for renewal of the Corona del Mar Business Improvement District for the 2001 -2002 Fiscal Year and adopt Resolution of Confirmation. SUGGESTED ACTION: 1. Hold public hearing regarding the renewal of the Corona del Mar Business Improvement District; and a. If protests represent less than 50 percent of the total assessment amount adopt the Resolution of Confirmation. M' b. If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. Backeround On July 24, 2001 the City Council held a public meeting, approved the Corona del Mar Business Improvement District 2000 -2001 Annual Report and adopted a Resolution of Intention to levy and collect assessments for the District for the 2001 -2002 fiscal year. Details regarding the proposed renewal of the District and annual report are provided in the attached July 24, 2001 staff report. Discussion A protest hearing must be held each year prior to renewal of a Business Improvement District. If protests are received from business owners representing 50 percent or more of the total assessment amount, the proceedings to renew the District must be discontinued for at least one year. If protests represent less than 50 percent of the total assessment, the City Council may renew the District. At the time this report was prepared, no letter of opposition to the District has been received. Staff will provide an oral update on any subsequent correspondence and a tabulation of protests, if necessary, at the City Council meeting. The Resolution of Intention has been published in the Daily Pilot in compliance with state law. CDM2001CCRPT2.doc Advisory Board The Corona del Mar Business Improvement District Advisory Board elections have recently been completed for the new fiscal year. There would normally be nine members of the Advisory Board; however one, Jim Walker, has recently resigned, and the Board is in process of appointing a successorto fulfill the remainder of his term. The eight Board members serving for the 2001 -2002 FY will be: John Blom, Walt Boice, Keith Dawson, Don Glasgow, Beverley `B.J." Johnson, Linda Leonhard, Wade Roberts and Mark Schulein. The Board will elect their officers for the upcoming year at the first meeting of the new fiscal year. The BID Advisory Board members serve for staggered two -year terms. Submitted by: SHARONZ.WOOD Assistant City Manager Attachments: CDM2001CCarr2.doc Prepared by: GEORGE A. BERGER, AICP Senior Planner eC V With assistance from: CUNTON SCOTT PLAMER Cathimarie'sInc., BID Administration ResolutionNo. 2001 - Confirming Renewal and Levy of Assessments City Council Staff Report of July 24, 2001 RESOLUTION NO.2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF SEPTEMBER 1, 2001 TO AUGUST 31, 2002 FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT. WHEREAS, the Advisory Board has prepared an Annual Report for the 2000 -2001 fiscal year which is on file in the office of the City Clerk; and WHEREAS, on July 24, 2001 the City Council adopted and published a Resolution of Intention declaring the intention to levy assessments for the Corona del Mar Business Improvement District for the fiscal year September 1, 2001 to August 31, 2002; and WHEREAS, a public hearing regarding the renewal of the Corona del Mar Business Improvement District was held on August 14, 2001 without a protest of majority. NOW, THEREFORE, the City Council of the City of Newport Beach hereby confirms the levy of assessments as described in the Resolution of Intention dated July 24, 2001 for the Corona del Mar Business Improvement District for the fiscal year September 1, 2001 to August 31, 2002. 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 held on the day of 2001. u: I. I: 61*1W CITY CLERK Resolution No. 2001 - Corona del Mar Business Improvement District CITY OF NEWPORT BEACH e`EW�Rr COMMUNITY AND ECONOMIC Hearing Date: July 24, 2001 �4 1 DEVELOPMENT • u • < iS PLANNING DEPARTMENT Agenda Item No.: 9 3300 NEWPORT BOULEVARD Staff Person: George A. Berger, AICP NEWPORT BEACH, CA 92658 (949) 644 -3207 (949) 644 -3200; FAX (949) 644 -3250 \� REPORT TO THE MAYOR AND CITY COUNCIL 11 E SUBJECT: Corona del Mar Business ImprovementDistrict Renewal, Annual Report for 2000 -2001 Fiscal Year, and Adoption of Resolution of Intention to Levy for 2001 -2002 Fiscal Year. SUMMARY: The Corona del Mar Business Improvement District was established September 1, 1996. This report summarizes the District's accomplishments during the 2000 -2001 fiscal year, its fifth year of operation, and the proposed activities and budget for the coming year. The Corona del Mar Business Improvement District Board of Directors, which serves as the District Advisory Board, requests City Council approval of the Annual Report and scheduling of the public hearing for August 14, 2001. SUGGESTED ACTION: 2. Background Approve Corona del Mar Business Improvement District 2000 -2001 Annual Report; and Adopt the Resolution of Intention to Levy for 2001 -2002 Fiscal Year and set the public hearing for August 14, 2001. The Corona del Mar Business Improvement District is nearing the end of its fifth year of operation and requests renewal of the District for the fiscal year September 1, 2001 to August 31, 2002. The boundaries of the benefits zone have been reviewed by the Board, and are recommended to remain unchanged: generally located on East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A. State law requires that an annual report be prepared and a public hearing be held each year prior to renewal of the District. A summary of accomplishments during the 2000 -2001 fiscal year and proposed activities for the new fiscal year are provided below. Fifth Year District Accomplishments The Corona del Mar Business Improvement District sponsored the following promotions and activities during the past year: • Completed the remainder of the Corona del Mar Reforestation Program, including the planting (with irrigation) of over 90 new King Palm and Hong Kong Orchid trees. These trees, along with the 110 planted previously, replace the problematic Ficus trees and bring the total count of new trees in the area to over 200; • Completed the general overview of the Vision 2004 Improvement Plan to promote Ob increased pedestrian access in the village while increasing the "quality of experience" for local residents and visitors alike; • Worked closely with the City Council, Mayor, and staff to secure a working understanding for the implementation of Vision 2004; • Continued building external support for the development and implementation of Vision 2004. Extensive community and business support has been garnered through outreach efforts, and a consultant has been hired to assist with the process for relinquishment of the highway from CalTrans and the identification of funding sources; • Implemented a community -wide communications and education program for the Vision 2004 project including a PowerPoint presentation, a website (www.cdmvillage.com) and full -color descriptive posters for distribution; • Continued engineering studies to replace the painted medians along PCH with new, raised Bomanite medians; • Continued the program of quarterly maintenance for the decorative landscaping at the Marguerite/PCH intersection with replanting as needed; • l • Mailed quarterly newsletters from the Advisory Board to all members; developed a program whereby monthly newsletters will be sent out in conjunction with the Corona del Mar Chamber of Commerce; • Supported the Corona del Mar Chamber of Commerce with the Annual Christmas Walk; • Participated with the Corona del Mar Chamber of Commerce and the Newport Beach Conference and Visitors Bureau to bring visitors to Corona del Mar. Fiscal Year District Revenues During the 2000 -2001 fiscal year the district collected approximately $68,000 in member assessments with somewhat in excess of $20,000 yet to be collected. The BID received $49,100 in matching funds from the City and has spent approximately $69, 500 this FY for approved activities. It is anticipated that a remaining balance of approximately $149,000 or less will be carried over into the 2001 -2002 Fiscal Year. Proposed Improvements, Activities and Budget The FY2001 -2002 Priorities and Budget Outline, including specific goals for each category, is submitted by the BID Advisory Board as part of the attached Annual Report. The District has accumulated a large account balance in anticipation of four major projects that will Page 2 • span several fiscal years. These projects are: reforestation; the installation of new medians; promotion and implementation of the components of the Vision 2004 Plan; and a public relations and marketing program to mitigate any impact on businesses during the implementation of these improvements. Major payments in excess of $75,000 are slated to be made during the first quarter of the new fiscal year for reforestation, as well as median engineering costs in excess of $50,000 in the second or third quarter. The District anticipates reserving some monies at the end of the fiscal year towards the remaining projects. The highest priorities for the upcoming fiscal year are: 1. Vision 2004 Plan • Continue representation in Sacramento to secure CalTrans relinquishment and operating agreement • Develop additional funding sources to implement the Vision 2004 Plan • Continue the ongoing education process about the improvements outlined in the Vision 2004 Plan • Work with the City of Newport Beach to implement improvements recommended in the Vision 2004 Plan 2. Physical Improvements • Begin sidewalk replacement studies with City Staff • Design and build new medians to replace painted medians • • Install decorative holiday decorations and banners • Evaluate and install new landscaping and street furniture, i.e. —trash cans, bike racks, etc. as appropriate 3. Communications/ Special Events • Maintain memberships with Newport Harbor Chamber and Newport Beach Conference & Visitors Bureau • Continue existing, and develop new, annual events in conjunction with the CdM Chamber • Publish monthly newsletter in conjunction with the CdM Chamber • Maintain and update the BID website (cdmvillage.com) • Continue with Marketing Advisor Program • Develop innovative business promotion and marketing programs 4. Maintenance • Maintain lighting and seasonal color for Marguerite/PCHintersection • Maintain backflow devices as needed for tree irrigation • Maintain sidewalks and benches as needed Assessment Collection The current and proposed BID benefit assessment per business is equal to one and one -half (1 -1/2) • the City's annual business license fee, pursuant to Chapter 5.08 of the Newport Beach Municipal Code. In most cases the business license tax is comprised of $114 plus an additional amount for each employee. This rate has been consistent since the establishment of the Corona del Mar Business Improvement District in 1996. Banks and financial institutions exempt from City Page 3 business license regulations are assessed $500 per year. Insurance agencies exempt from City license regulations are assessed $250 per year. Persons operating one of the following businesses as an independent contractor in an establishment owned by another person are exempt from this assessment: 1. Hair stylists 2. Nail technicians 3. Real estate agents The penalty for delinquent payments is twenty -five percent per month, provided that the penalty amount added shall in no event exceed one hundred percent of the assessment amount due. Assessments are collected in a single installment at the beginning of the fiscal year, and are pro- rated for new businesses opening during the year. The Advisory Board of the Corona del Mar Business Improvement District does not expect to raise funds in addition to the assessments levied for the upcoming year. It is anticipated that matching funds will be approved by the City Council for fiscal year 2001 -2002, with additional funds added to the amount designated for marketing activities and physical improvements. The attached Annual Report further describesthe budget and activitiesfor the upcoming year, and has been filed with the City Clerk's office as required by State law. Submitted by: SHARONZ.WOOD Assistant City Manager Prepared by: GEORGE A. BERGER, AICP Senior Planner /Ii With assistance from: CLINTON SCOTT PALMER Cathimarie'sInc., BID Administration Attachments: ExhibitA - Boundary Map Exhibit B - 2000 -2001 Annual Report Exhibit - 2001 -2002 Priorities& Budget Outline Exhibit D - Resolution of Intention to Levy 2001 -_ Page 4 0 0 0 REPORT TO THE MAYOR AND CITY COUNCIL CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR 2000 -2001 FISCAL YEAR Overview EXHIBIT B This is the annual report for the Corona del Mar Business Improvement District, as required by Section 36533 of the California Streets and Highways Code, for fiscal year September 1, 2000 to August 31, 2001. Boundaries The boundaries of the benefits zone remain unchanged: generally located on East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A. to Proposed Activities The improvements and activities to be provided for the fiscal year include: 1. Development and Implementation of the Vision 2004 Improvement Plan 2. Physical Improvements within Corona del Mar 3. Corona del Mar BID Member and Community Outreach 4. Maintenance of Existing Corona del Mar BID Improvements Proposed Budget The estimated cost of providing the proposed improvements and activities in this report is approximately $278,000. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2001 -2002 fiscal year. Assessments Assessments shall be collected in one annual installment at the beginning of the fiscal year, and shall be pro -rated for new businesses that open during the fiscal year. The benefit assessment shall be equal to one and one -half (1 -1/2) times the City's usual annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. The penalty for delinquent 6 • payments will be twenty -five percent per month, providing that the penalty amount added shall in no event exceed one hundred percent of the assessment amount due. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year. Insurance agencies that are exempt from City business license regulations shall be assessed $250 per year. Persons operating one of the following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: 1. Hair stylists 2. Nail technicians 3. Real estate agents Account Status The District's current account balance is approximately $149,000 at the end of the first eleven months of the fiscal year. It is anticipated the balance will be approximately $149,000 or less at the fiscal year end, August 31, 2001. Matching funds, to be approved by the City Council for fiscal year 2001 -2002, would be added to the amount designated for physical improvements. The District has accumulated a large account balance in anticipation of four major projects that will span several fiscal years. These projects are: reforestation; the installation of new medians; promotion and implementation of the components of the Vision 2004 Plan; and a public relations and marketing program to mitigate any impact on businesses during the implementation of these • improvements. Major payments in excess of $75,000 are slated to be made during the first quarter of the new fiscal year for reforestation, as well as median engineering costs in excess of $50,000 in the second or third quarter. The District anticipates reserving some monies at the end of the fiscal year towards the remaining projects. The advisory board of the Corona del Mar Business Improvement District may raise additional funds through various events and fund - raisers in addition to the assessments levied. At this time they do not anticipate additional funds for the 2001 -2002 fiscal year budget. Prior Year Accomplishments The merchants of Corona del Mar have found their fifth year as a Business Improvement District to be very successful and have achieved several accomplishments including: • Completed the remainder of the Corona del Mar Reforestation Program, including irrigating and planting over 90 new King Palm and Hong Kong Orchid trees. These trees were planted in locations sited in addition to the previous 110 trees that replaced the removed Ficus tree, bringing the total count of trees in the area to over 200; • Completed the general overview of the Vision 2004 Improvement Plan to promote increased pedestrian access to the village and to increase the "quality of experience" for local residents • and visitors alike; • Worked closely with the City Council, the Mayor, and City staff to secure a working I understanding to implement Vision 2004; • Continued the development and implementation of the Vision 2004 Plan. Extensive community and business support has been evoked and a consultant has been hired to help in the process of relinquishment of the highway from CalTrans and identification of funding sources; • Implemented a community wide communications program for the Vision 2004 project including a PowerPoint presentation, a website (www.cdmvillage.com) and two posters for distribution to interested parties; • Continued engineering studies to replace the painted medians with new, raised Bomanite medians; • Quarterly maintenance of decorative landscaping at the Marguerite / Coast Highway intersection with replanting as needed; • Mailed quarterly newsletters from the Advisory Board to all members; developing a program whereby monthly newsletters will be sent out in conjunction with the Corona del Mar Chamber of Commerce; • Supported the Corona del Mar Chamber of Commerce with the Annual Christmas Walk; • Participated with the Corona del Mar Chamber of Commerce and the Newport each Conference and Visitor's Bureau to bring visitors to Corona del Mar; In conclusion, the merchants of Corona del Mar have worked hard to promote their village and wish to express their appreciation for the City Council's continued support of the Corona del Mar Business Improvement District. Ll EXHIBIT C • Corona del Mar Business Improvement District Priorities and Budget Outline September 1, 2001 - .August 31, 2002 Funds Available FY End 2001 .... ........................149,000 Funds to be Collected September 2001 ................80,000 Matching Funds from City ........... .........................49,900 Total Available Funds ................. ........................278,900 Priorities Budget Amount Total 1. Vision 2004 20% $55,780 • Continue representation in Sacramento to secure CalTrans operating agreement • Develop funding options to implement Vision 2004 Plan • Continue to present Vision 2004 Plan to interested parties to educate about improvements • Work with the City of Newport Beach in implementing the improvements called • forth by the Vision 2004 Improvement Plan 2. Physical Improvements 60% $167,340 • Begin sidewalk replacement studies with City Staff • Engineer and build new medians in place of painted medians • Install decorative holiday decorations and banners • Evaluate and install when appropriate new landscaping, site furniture, trash cans, bike racks, etc. 3. Communications /Special Events 10% $27,890 • Maintain Memberships with Newport Harbor Chamber and Newport Beach Conference & Visitors Bureau • Continue existing and develop new annual special events in conjunction with the Corona del Mar Chamber • Monthly newsletter published in conjunction with the CdM Chamber • Maintain and update the cdmvillage.com website • Continue with Marketing Advisor Program • Develop alternative business promotion and marketing programs 4. Maintenance 10% $27,890 • Maintain lighting and seasonal color for Marguerite /Coast Highway intersection • • Maintain backflow devices as needed for tree irrigation • Maintain sidewalks and benches as needed i,} EXHIBIT D RESOLUTION NO.2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF SEPTEMBER 1, 2001 TO AUGUST 31, 2002. WHEREAS, the Corona del Mar Business Improvement District was established in 1996 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the "Act "), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, the Advisory Board has prepared an Annual Report for the 2001 -2002 fiscal year which is on file in the Office of the City Clerk; and NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares the intention to levy assessments for the Corona del Mar Business Improvement District for the fiscal year September 1, 2001 to August 31, 2002 pursuant to the Act. Such benefit assessment shall be as follows: A. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year; Resolution No. 2001 - Corona del Mar Business Improvement District Page I 0 )0 • B. Insurance agencies that are exempt from City business license regulations shall be • assessed $250 per year; C. Persons operating one of the following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: 1. Hair stylists 2. Nail technicians 3. Real estate agents D. The assessment for all other businesses within the District shall be 150 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. Section 2: The penalty for delinquent payments shall be twenty -five percent per month, providing that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section 3: The City shall collect benefit assessments in one annual installment, with collections for new businesses in the District on the day of the issuance of a business license by the City. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the District's fiscal year. Section 4: The improvements and activities to be funded by the benefit assessments shall include only the following: • 1. Marketing, advertising, and special events Resolution No. 2001 -_ Corona del Mar Business Improvement District Page 2 2. Physical improvements & maintenance 3. Communications and Outreach Program 4. Administration Section 5: The location of the District will remain the same: generally located on East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on August 14, 2001 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 0 or against the renewal 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 that pay fifty percent or more of the total assessments to be levied, no further proceedings to renew 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 or benefit within the District, those types of improvements or activities or benefit zones shall be eliminated. Further information regarding the proposed Business Improvement District renewal may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, Resolution No. 2001- Corona del Mar Business improvement District Page 3 'X • California, 92658. Telephone (949) 644 -3225. 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. 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 held on the day of 2001. ATTEST: • &A..�. CITY CLERK ATTACHMENT: Exhibit A (Boundary Map) • Resolution No. 2001- Corona del Mar Business Improvement District Page 4 )3 ?EW �Rr 04 f 2 • u ° +ciaoaN�r CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 644.3250 Hearing Date: Agenda Item No.: Staff Person: July 24, 9 Daniel Trimble (949) 644 -3230 SUBJECT: Corona del Mar Business Improvement District Renewal, Annual Report for 2000 -2001 Fiscal Year, and Adoption of Resolution of Intention to Levy for 2001 -2002 Fiscal Year. SUMMARY: Supplemental Report. SUGGESTED ACTION: 1. Approve Corona del Mar Business Improvement District 2000 -2001 Annual Report; and 2. Adopt the Resolution of Intention to Levy for 2001 -2002 Fiscal Year and set the public hearing for August 14, 2001. • Rarkgrnnnd There was a minor error in Exhibit D - Resolution of Intention to Levy. The revised Resolution is attached to this Supplemental Report. Submitted by: Prepared by: SHARON Z. WOOD DANIEL TRIMBLE Assistant City Manager Associate Planner f Attachments: Exhibit D — (Revised) Resolution of Intention to Levy 2001 -. V i (revised) EXHIBIT D 6 RESOLUTION NO.2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF SEPTEMBER 1, 2001 TO AUGUST 31, 2002. WHEREAS, the Corona del Mar Business Improvement District was established in 1996 pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the "Act "), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, the Advisory Board has prepared an Annual Report for the 2001 -2002 fiscal year which is on file in the Office of the City Clerk; and NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares the intention to levy assessments for the Corona del Mar Business Improvement District for the fiscal year September 1, 2001 to August 31, 2002 pursuant to the Act. Such benefit assessment shall be as follows: A. Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year; _ Resolution No. 2001- Corona del Mar Business Improvement District Page I • B. Insurance agencies that are exempt from City business license regulations shall be n U assessed $250 per year; C. Persons operating one of the following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: 1. Hair stylists 2. Nail technicians 3. Real estate agents D. The assessment for all other businesses within the District shall be 150 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. Section 2: The penalty for delinquent payments shall be twenty -five percent per month, providing that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section 3: The City shall collect benefit assessments in one annual installment, with collections for new businesses in the District on the day of the issuance of a business license by the City. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the District's fiscal year. Section 4: The improvements and activities to be funded by the benefit assessments shall include only the following: . 1. Marketing, advertising, and special events l Resolution No. 2001 -_ Corona del Mar Business Improvement District Page 2 2. Physical improvements & maintenance 3. Communications and Outreach Program 4. Representation of area business interests in governmental affairs 5. Administration Section 5: The location of the District will remain the same: generally located on East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on August 14, 2001 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 renewal 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 that pay fifty percent or more of the total assessments to be levied, no further proceedings to renew 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 or benefit within the District, those types of improvements or activities or benefit zones shall be eliminated. Resolution No. 2001 - Corona del Mar Business Improvement District Page 3 • Further information regarding the proposed Business Improvement District renewal may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Telephone (949) 644 -3225. 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. 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 held on the day of 2001. • ATTEST: MAYOR CITY CLERK ATTACHMENT: Exhibit A (Boundary Map) ('40 Resolution No. 2001 - Corona del Mar Business Improvement District Page 4