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HomeMy WebLinkAbout30 - Marine Avenue Business Improvement DistrictCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 30 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning Department George A. Berger, AICP, Program Manager 949/644 -3207. gaberger@chy.newport- beach.ca.us SUBJECT: Marine Avenue Business Improvement District Renewal: Conduct Public Hearing and Adopt Resolution for Renewal of the Business Improvement District for the Fiscal Year 2006 -2007. ISSUE: Annual renewal of the Marine Avenue Business Improvement District. RECOMMENDATION: 1. Hold public hearing regarding the renewal of the Marine Avenue Business Improvement District; and 2.a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2006 -_ confirming the levy of the BID assessment for the 2006 - 2007 fiscal year. 0= b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. DISCUSSION: On June 13, 2006 the City Council approved the Marine Avenue Business Improvement District Short Year 2006 Annual Report, and adopted a Resolution of Intention to levy and collect assessments for the District for the 2006 - 2007 fiscal year. Details regarding the proposed renewal of the District and annual report are provided in the attached June 13, 2006 staff report. 1 Marine Avenue BID Renewal Hearing June 27, 2006 Page 2 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 repre::ent less than 50 percent of the total assessment, the City Council may renew the District. At the time this report was prepared, no letters of opposition to the District had been received. Staff will provide an oral update on any subsequent correspondence and a tabulation of protests at the City Council meeting. Public notice of the protest hearing and the Resolution of Intention to modify the basis to levy and collect assessments for the renewal of the Marine Avenue Business Improvement District has been published in the Daily Pilot in compliance with state law. Submitted by: & SY-IARON Attachments: by: With Assistance from: CLINTON SCOTT PALMER BID Systems, Inc., BID Administration Attachment A — Resolution of Confirmation 2006 - Attachment B — June 13, 2006 Staff Report and exhibits (recycled) Z ATTACHMENT A RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2006 TO JUNE 30, 2007 FOR THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT. WHEREAS, on June 13, 2006 the Marine Avenue Business Improvement District annual report was filed and approved by the City Council; and WHEREAS, on June 13, 2006 the City Council adopted and published a Resolution of Intention declaring the intention to levy assessments for the Marine Avenue Business Improvement District for the fiscal year July 1, 2006 to June 30, 2007; and WHEREAS, a public hearing regarding the renewal of the Marine Avenue Business Improvement District was held on June 27, 2006 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 November 22, 2005 for the Corona del Mar Business Improvement District for the short fiscal year July 1, 2006 to June 30, 2007. 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 2006. MAYOR ATTEST: CITY CLERK 3 CITY OF NEWPORT BEACH COUNCIL. AGENDA CITY COUNCIL STAFF REPORT NQ 3D Agenda Item No. 6 June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning Department George A. Berger, AICP; C &ED Program Manager; 949/644 -3207; gaberger @city.newport- beach.ca.us SUBJECT: Marine Avenue Business Improvement District Renewal: Annual Report for Shortened Fiscal Year 2006, and Adoption of Resolution of Intention to Levy for Fiscal Year 2006 -2007. ISSUE: Annual renewal of the Marine Avenue Business Improvement District. RECOMMENDATION: 1. Approve the Annual Report for the shortened 2006 Marine Avenue Business Improvement District Fiscal Year; and 2. Adopt a Resolution of Intention to Levy Assessments for FY 2006 -2007, set the public hearing for June 27, 2006. DISCUSSION: The Marine Avenue Business Improvement District (BID) is nearing the end of its (shortened) tenth year of operation, and requests renewal of the District for a new fiscal year which will run from July 1, 2006 to June 30, 2007. This report summarizes the District's accomplishments during short FY 06 (January 1 to June 30), and the proposed activities and budget for the coming year. The BID's 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 BID renewal for June 27, 2006. As addressed with the Council in December, 2005, City staff reviewed the renewal periods for all four business improvement districts and determined that efficiencies in administration of the Districts would be realized if they were in synch with the City's Fiscal Year. The Council agreed, and renewed the Marine Avenue BID for six months i MA BID 2006 -2007 Renewal June 13, 2006 Page 2 (from January 1, 2006 through June 30, 2006). It is now time to begin the parallel renewal schedule for all four BIDs. Califomia law requires that an annual report for the past fiscal year be prepared by the BID and approved by the Council, and a public hearing be held each year prior to renewal of the District, which includes the 200 and 300 blocks of Marine Avenue, as set forth with greater specificity in the map attached as Exhibit 1. Tenth Year District Accomplishments: The Marine Avenue Business Improvement District has sponsored the following promotions and activities during the past year: 1. Ongoing steam cleaning of the sidewalks in the MA BID subject area; 2. Purchase and seasonal holiday installation of American flags for the pedestrian light poles in the BID subject area; 3. Placement of advertisements for Marine Avenue in several tourist - related publications; 4. Implementation and Improvement of a BID - sponsored website, www.balboa- island.net; 5. Christmas decorations and lighting to enhance holiday shopping along Marine Avenue; 6. Participation with the Anaheim /Orange County Visitors and Conference Bureau, to more widely encourage tourists to visit Balboa Island, and specifically Marine Avenue; 7. Participation with the Newport Beach Conference and Visitors Bureau, especially in installing a directory at the Balboa Ferry landing directing visitors to Marine Avenue. 8. Preparation of in -room video for display at the Huntington Beach Sheraton Resort Hotel, and on the Catalina Flyer. Fiscal Year District Revenues During the shortened FY 06 (January through June) the District collected approximately $6,688 in member assessments, with $5,000 in additional funds to be collected. The BID received no matching funds from the City due to the phasing of the short fiscal year. Its account balance at the beginning of the year was $4,358.00. The BID has spent approximately $10,038.00 for approved activities, and anticipates spending an MA BID 2006 -2007 Renewal June 13, 2006 Page 3 additional $2,000.00 by fiscal year end. It is anticipated that a remaining balance of approximately $600.00 will be carried over into the 06-07 fiscal year budget. The BID anticipates receiving approximately $8,000 in matching funds from the City in the 06 -07 fiscal year. Proposed Improvements, Activities and Budget The FY 06 -07 Priorities and Budget Outline is submitted by the BID Advisory Board as part of the attached Annual Report. The activities proposed for the next year include marketing, advertising, public relations, and public improvements and maintenance to benefit Marine Avenue businesses. The estimated budget for these activities is approximately $21,500. Assessment Collection The benefit assessments will be collected by the City in one installment and be pro- rated for new businesses that open during the fiscal year. The benefit assessment shall be equal to one hundred percent (100 %) of the City's annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code if the business is located in a downstairs space; if upstairs, a flat $25.00 will be assessed. 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 added shall in no event exceed one hundred percent of the assessment amount due. Individuals with more than one business entity within the assessment boundaries shall only be required to pay the District assessment for the largest business, shall be exempt from assessments on additional businesses within the District, and shall continue to pay required business license fees in accordance with Chapter 5.08 of the Municipal Code. 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. 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. The attached Annual Report further describes the budget and activities for the upcoming year, and has been filed with the City Clerk's office as required by California law. Environmental Review: Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4). Public Notice: None Required MA BID 2006 -2007 Renewal June 13, 2006 Page 4 Funding Availability: Business Improvement District matching funds are included in City Budget Account No. 2720 -8250. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: GEORGE A. BERGER, AICP C &ED Program Manager iid �: as5isl8 ce from:J CLINTON SCOTT PALMER BID Systems Inc. Attachments: Attachment A: Resolution of Intention 06- Exhibit 1: Marine Avenue BID Boundary Map Attachment B: Shortened FY 06 Annual Report (by BID Advisory Board) Attachment C: FY 06 -07 Priorities & Budget (by BID Advisory Board) ATTACHMENT A RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JULY 1, 2006 TO JUNE 30, 2007, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Marine Avenue 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 Short Fiscal Year 2006 which is on file in the Office of the City Clerk; and WHEREAS, the Act requires the City Council to declare its intention to levy and collect assessments within the Business Improvement District for the next fiscal year. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Annual Report filed by the Advisory Board is hereby approved. The Annual Report contains a description of improvements and activities to be provided for 2006 - 2007, the area boundaries, and the annual assessment within the District. Section 2: The City Council hereby declares it intention to renew the Business Improvement District for the fiscal year July 1, 2006 to June 30, 2007 pursuant to the Act. l Section 3: The location of the District will remain the same: 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 4: The City Council intends to levy and impose and order the collection of a benefit assessment upon persons conducting business in the District. 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. 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 benefit assessment shall be equal to one hundred percent (100 %) of the City's annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code if the business is located in a downstairs space; if upstairs, a flat $25.00 will be assessed. Section 5: The benefit assessments shall be collected by the City in one 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 6: 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 7. An owner of more than one business within the District shall only be required to pay the ,assessment for the largest business, and shall be exempt from assessments on additional businesses within the District. Resolution No. 06 -_ Marine Avenue Business Improvement District Section 8: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing, advertising and public relations; 2. Brochure development and distribution; 3. Promotion of public events that are to take place on or in any .public places in the area; 4. Decoration of any public place in the area; 5. Public area improvements and maintenance activities; 6. The general promotion of retail trade activities. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on June 27, 2006 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 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 maybe 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 within the District, those types of improvements or activities 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, Califomia, 92658. Telephone (949) 644 -3225. Resolution No. 06 -_ Marine Avenue Business Improvement District I 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 and thereon held on the day of 2006. MAYOR ATTEST: CITY CLERK ATTACHMENT: Exhibit 1 - Boundary Map Resolution No. 06 -_ Marine Avenue Business Improvement District ATTACHMENT B MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT SHORT YEAR 2006 ANNUAL REPORT This is the annual report for the tenth year of the Marine Avenue Business Improvement District, as required by Section 36533 of the California Streets and Highways Code. This report covers the District's accomplishments for the short fiscal year (January 1, 2006 to June 30, 2006) and the proposed activities and budget for the 2006 — 2007 fiscal year. 2006 Accomplishments Among the Marine Avenue Business Improvement District accomplishments during 2005 are the following: 1. Placement of advertisements in several tourist related publications 2. Implementation and Improvement of a BID sponsored website, www.balboa - island.net 3. Christmas decorations and lighting to enhance holiday shopping along Marine Avenue 4. Participation with the Anaheim/Orange County Visitors and Conference Bureau to more widely encourage county -wide tourists to visit Balboa Island Participation with the Newport Beach Conference and Visitors Bureau, especially in installing a directory at the ferry lar•.ding directing people to Marine Avenue. 6. Ongoing cleaning of the sidewalks in the subject area. 7. Preparation of in room video for display on the Catalina Flyer and the Huntington Beach Sheraton. Fiscal Year District Revenues During the shortened year 2006 the district collected approximately $6,688 in member assessments with $5,000 in additional funds remaining to be collected. Its account balance at the beginning of the year was $4,358.00. The BID received no matching funds from the City because of the timing of the short fiscal year. The BID has spent approximately $10,000.00 for approved activities, an3 anticipates spending an additional $2,000.00 by fiscal year end. It is anticipated that a remaining balance of approximately $600.00 will be carried over into the 2006 - 2007 fiscal year budget. Renewal of District The boundaries of the benefit zone will remain the same as short year 2006 as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. )b The benefit assessments will be collected by the City in one installment The benefit assessment shall be equal to one hundred percent (100 %) of the City's annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code if the business is located in a downstairs space; if upstairs, a flat $25.00 will be assessed. 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 added shall in no event exceed one hundred percent of the assessment amount due. Individuals with more than one business entity within the assessment boundaries shall only be required to pay the District assessment for the largest business, shall be exempt from assessments on additional businesses within the District, and shall continue to pay required business license fees in accordance with Chapter 5.08 of the Municipal Code. 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. Assessments shall be collected in one annual installment at the beginning of the fiscal year, and be pro -rated for new businesses that open during the fiscal year. Proposed Improvements, Activities and Budget The 2006 -2007 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 highest priorities for the upcoming fiscal year are: The improvements and activities to be provided for the coming fiscal year include: 1. Marketing, advertising and public relations. 2. Promotion of public events that are to take place on or in any public places in area. 3. Decoration of any public place in the area. 4. Public area improvements and maintenance activities. 5. The general promotion of retail trade activities. The estimated cost of providing the proposed improvements and the activities described in this report are approximately $21,500. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2006 — 2007 fiscal year. The merchants of Marine Avenue appreciate the efforts of the City Council and your continued support of Balboa Island. Marine Avenue Business Improvement District Priorities and Budget Outline July 1, 2006 — June 30, 2007 Funds Available Short FY End 2006 Funds to be Collected July 2006 Anticipated Matching Funds from City Total Available Funds Priorities Percent of Budget 1. Sidewalk Cleaning 151% 2. Marketing 45% • Continue to develop and market website • Place advertising in tourist related publications 3. Memberships 2% • Newport Beach Visitor and Convention Bureau 5. Administration 2% • Mailing and Postage Costs ATTACHMENT C $ 600 $12,500 $ 8,000 $ 21,500 Amount $11,000 $9,950 $ 350 $ 200 3 1�- RESOLUTION NO. 2006. 43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCALYEAR OF JULY 1, 2006 TO JUNE 30, 2007, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Marine Avenue Business Improvement District was established in 19M pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 at seq., (hereinafter the "Acr), 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 Short Fiscal Year 2006 which is on file in the Office of the City Clerk; and WHEREAS, Me Act requires the City Council M declare its Intention to levy act collect assessments within the Business Improvement District for the raid fiscal year. NOW, THEREFORE, Me City Council of Me City of Newport Beach resolves as follows: Section 1: The Annual Report filed by the Advisory Board is hereby approved. The Annual Report contains a description of improvements and activities M be provided tot 2006 - 2007. the area boundaries, and the annual assessment within the District. Section 2: The City Council hereby declares it intention to renew the Business Improvement DisMM for the fiscal year July 1, 2006 to June 30, 2007 Pursuant to Me Act. Section 6: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing, advenising and public relations; 2. Brochure development and distribution; 3. Promotion of public events that are M take dace on or in any public places in the area; 4. Decoration of any Public dace in the area; 5. Public area improvements and maintenance actbities; 6. The general promotion of retail bade activities. BE IT FURTHER RESOLVED, Mat the City Couxil of Me City of Newport Beach shall conduct a Public hearing on June 27, 2006 at 7:00 p,m., or as soon thereafter as this matter may be head, in Me Council Chambers located at 3300 Newport Boulevard, Newport Beach, California at which time the Council will Mar all interested persons for or against Me establishment of the District, the extant of Me District and Me specific types of improvements or activities to be funded by the benefit assessment. Protests may be made orally or in writing, bid If written. shall be fled with the City Clerk at or before the time fixed for Me Hearing and contain suffil documentation M verify business ownership and validate Me particular protect. If written protests are received by Me owners of businesses within Me District that pay fifty percent or more of the Intel assessments to be levied, no further proceedings to renew, Me District shall be taken for a Period of one year from the data M Me finding of a majority protest by Me City Council. If Me majority protest is only against Me furnishing of a specific type or types of improvements or activity within Me District, those types of Improvements or ac ties smll be eliminated. Further information regarding Me proposed Business Improvement District renewal may be obtained at Me Newport Beach City Hall. 33011 Newport Boulevard. Newport Beach, California. 92658. Telephone (909) 645 -3225. Section 3: The location of Me DISWct w01 domain the same: generally Me 201) and 300 N(anba of Marine Avenue as set forth with Satter specificity in Me map attached as ExhlbO A add incorporated herein. Section 9: The City Council intends to levy and impose add order Me collection of a benefit assessment upon persons conducting business in the District. Such benefit assessment shall be as follows: A. Banks and financial institutions that are exempt from City business license regulations shall be assessed 4501) per year. B. Insurance agencies that are exempt from City business license regulations shall be assessed $250 per year C. Persons operating one of Me following types of businesses as an independent contractor in an establishment owned by another person shall be exempt from this assessment: 1. Hairstylists 2. Nail technicians 3. Real estate agents D. The benefit assessmeM shall be equal In one hundred percent (100 %) of the CRYS annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code If the business is located in a downstairs space: it upstairs, a flat $25.00 will be assessed. Section 5: The benefit assessments shall be collected by the City in one installment, with collections for now businesses in Me District on Me day of Me Issuance of a business license by the City. The assessment for new businesses shall be pd .mted according to the number of full months remaining in the District's fiscal year. Section 6: The Penalty for delinquent payments shall be twenty five percent per month, providing that Me Penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section T. An owner of more than one business within Me District shall only be required to pay the assessment for ft largest business. and shall be exempt from assessments on additional businesses within the District. The City Clerk shall reuse this resolution of intention W be published once in a newspaper of general Circulation in the City at least seven days before the publ'mhearing. 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 herd on the 13th day of June 2006. MAYOR ATTEST: Y CITY TY CLERK CLERK ot O A•, ATTACHMENT: Exhib01- Boundary Map Exx¢grt A m W 7 Z W J Q W Z K 1 e� STATE OF CALIFORNIA i COUNTYOFORANGE 1 .. CITY OF NEWPORT BEACH 1 ?Oka at fK0 loCA Dyu- ba14.o& wi, l d -b 1)ai 1� q to f' 6- I'fa Dlo ltd Ik�c 1 64 - b 14- ob nt - ba t4. oL Ciiv $ A 1, f.aV.. M. Hattie., City C4ek of the City of Newport Beech, California, do hereby certify that the whole number of members of the City Cowed is .ven; that Be, foregoing resolution, being Re.lemon No 2006 -43 wee do1y and xguloely introduceE before and ndomad by the City CawcJ of said City at a regulm meeting of said Coursed, duly and regularly held on this 13th day ofJmm 2006, soul that the was so passed and adopted by the following vote, to wit: Aye.: Se6ch, Roaeneky, Rld,way, Daigle, Nielin., Mayor Webb Noe.: None Aban., Curry Abawin. None IN WITNESS WHEREOF, I have hereonto eobacribed my name and aRUed the ofhaial seal of said City this 1411 d.y of J—e 2(106. E4 V.ask City Clerk c` '�. Newport booth. CilSorma � e (Seal) 4 roea 4 ADthoril to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. CailfaLVia. Number A -6213, September 29.1961, and A-24831 June 11, I963- RE C l IV D PROOF OF PUBLICA9I0% 26 410 ®FFIEE OF THE CITY CL RK STATE OF CALIFORNIA )DIrY of NE1 PORT , E f ADthoril to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. CailfaLVia. Number A -6213, September 29.1961, and A-24831 June 11, I963- RE C l IV D PROOF OF PUBLICA9I0% 26 410 ®FFIEE OF THE CITY CL RK STATE OF CALIFORNIA )DIrY of NE1 PORT , E f SS. 100107111 NO. 21)(1643 OP A NGE 1 A RESOLUTION OF THE CITY COUNCIL OF THE COUNTY OF /1 COUNTY L 1 11 i CITY OF NEWPORT REACH DECLARING ITS INTENTION TO RENEW THE MARINE AVENUE - BUSINESS IMPROVEMENT DISTRICT FOR THE -' ' FISCAL YEAR OF. JULY 1, 200640 JUNE 30, Section 7: An owner of more than on, I a Citizen of the United states a 2007�AND FIX THETIMEAND PLACE OFA business within the District shall only In am ' - PUBLIC HEARING. resident of the County aforesaid; I am 'WHEREAS, the Marine Avenue; Business Im- required to pay the assessment far the [areas' business, and shall be exempt from assessment! pravement District was established in 1996 on additional businesses within.the District. over the age of eighteen years, and not a pursuant to the Parking and Business Im- Section 8: The improvements and activities to be funded by the benefit ptavement,Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., assessments shal include only the following; party to or interested in the below entitled `(hereinafter the "Act "), which requires an annual 1 Marketing, advertising and public matter. 1 am a principal clerk of the ieport to be filed and approved by the City Council for each fiscal year; and relations; . 2 Brochure development and ' C BEACH �+ MESA '- WHEREAS, the Advisory Board has - prepared NEWPORT BEACH — COSTA MESA an Annual Report for Short Fiscal Year 2006 distribution, 3. Promotion of public events that are to which is on file in the Office of the City Clerk; DAILY PILOT a newspaper of general and take place on or in any public places in the area; !- WHEREAS, the Act requires the City Council 4. Decoration of any public place in the circulation, printed and published in the to declare its intention to levy and collect the area; S. Public assessments within Business Improvement -0 area improvements and District for the next fiscal year. City of Costa Mesa County or Orange �y 1' NOW, maintenance activities; 6. The of retail trade .7 THEREFORE, the City Council at the City State of California and that attached" of Section Beach 1: l follows: i Section general promotion activities BE IT FURTHER RESOLVED, that the 'City The Annual Report filed . by the The i Advisory Board is hereby approved. The Annual Notice is a true and complete copy as, Report contains a description of improvements Council of the City of Newport Beach shall conduct a public, hearing on June 27, 2006 at .= and activities to be provided for 2006 - 2007, was printed and published on the- the area boundaries, and the annual assessment 7:00 p.m.,, or as soon thereafter as this matter may be heard, in the Council Chambers located 3300 within the District. Section 2: The City Council declares following dates: at Newport Boulevard, Newport Beach, California. at which time the Council will hear _hereby it intention to renew the Business Improvement all interested persons for or against the/ estab- !. District for the fiscal year July 1, 2006 to June lishment of the District, the extent of the District B 30; 2007 pursuant to the Act. and the 'specific types '. of improvements or [ " _Section 3: The - location of the District will activities to be funded, by the benefit assess- '; 'remain. the same: - generally the 200 and 300 ment. Protests may be made orally or in writing, ! ;locks of Marine Avenue. as set' forth with but if written, shall be filed with the City. Clerk _ ) eater specificity in the map attached as Exhibit at or before the time fixed for the Hearing and - - ' A and incorporated herein.' contain sufficient documentation to verify busi- J11NE 17,2006 Section 4: The City Council intends to levy ! ness ownership and validate the particular ' ! and impose and order the collection of a benefit protest. If written protests are received by the - `assessment upon persons conducting business owners of businesses within the District that .. n'the District. Such benefit assessment shall pay fifty percent or more of the total assess- ' : tie as follows: ments to be no further proceedings to A. Banks and financial institutions that are ' renew the District shall be taken for a period 'xemptG from City business license regulations " of one year from the date of the finding of a th at assessed $500 per year, I declare, under penalty of perjury, tt tat B. Insurance agencies that are - exempt majority protest by the City Council. If the majority protest is only against the furnishing . from City business licensee regulations shall be of a specific type or types of improvements or ;assessed$250 per year. . the foregoing is true, correct. activity within the District, those types of and C, Persons operating one of the following types of businesses a's an independent cantrac- improvementsor activities shall be eliminated Further„ information regarding the proposed for in an establishment owned by another person Businest'Improvement District. renewal may be shall be exempt from this assessment: obtained. at the .Newport Beach City Hall, 3300 .y =i efiuted on Jfi '47,2006 (..Hairstylists. Newport Boulevard, Newport Beach, California, 2'. Nail technicians 92658. Telephone (949) 644 -3225. 3. Real estate agentsThe at Costa Mesa, CalrFornia. City Clerk 'shall .cause this resolution: of intention to be to D., The benefit assessment shall be equal published once a newspaper ' to one hundred percent (100 %) of the City's of general circulation In the City. at least seven annual business license fee- as established days beforethe'pubhchearing. 3 pursuant to Chapter 5.08 of the Municipal Code This resolution' take effect immediately ` if the business is located in a downstairs space; - upon adoptiop 'Passed and adopted by the City if upstairs, a flat $25.00 will be assessed. Council of the City of Newport Beach at a regular' Section 5: The benefit assessments shall be meeting and thereon held on the 13th day of i collected by_the ,City in. one installment, with June 2006. - ignature - ;. collections for new businesses in the District on Signature - Steven Bromberg the day at the issuance of a business license MAYOR by the City. The assessment for new businesses ATTEST' - ' shall be pro -rated according to the number of Lavonne Harkless ' full months remaining in the District's fiscal CITY CLERK year. ATTACHMENT Exhibit 1 - Boundary Map The ' Section 6: The penalty far delinquent pay- boundary maps can be viewed in the City Clerk's ` }ipents shall be twenty five percent' per month, office.. , i providing that the penalty to be added shall in Published 'Newport Beach /Costa Mesa Daily no event' exceed one hundred percent of the ,. Pilot June 17, 2006, Sa504 assessment amount due. -