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HomeMy WebLinkAbout97-13 - Balboa Village Business ImprovementRESOLUTION NO. 97 -13 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF APRIL 1, 1997 TO MARCH 31, 1998 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Balboa Village Business Improvement District was established in 1995 as the Central Balboa Business Improvement District 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 1997- • 1998 Fiscal Year 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. follows: NOW, THEREFORE, the City Council of the City of Newport Beach resolves as 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 the 1997 -1998 fiscal year, 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 1997 -1998 fiscal year pursuant to the Act. Res. 97 -13 Section 3: The location of the District will remain the same: generally located on • the Balboa Peninsula between Adams Street and Coronado Street as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. Section 4: The City Council proposes to levy, impose and order the collection of a benefit assessment upon persons conducting a business in the District. Such benefit assessments shall be equal to the City's usual annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. Section 5: The benefit assessments shall be collected by the City 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. Section 6: The penalty for delinquent payments shall be twenty -five percent per • month, provided that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section 7: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing, advertising, and promotion of Balboa Village 2. Physical Improvements within Balboa Village. 3. Tenant Improvement and Recruitment within Balboa Village BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on March 10, 1997 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 • • Res. 97 -13 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 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. 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 10th day of February 1997. NVR • ATTEST: CITY CLERK • • ATTACHMENT: Exhibit A - Boundary Map fping/shared/Icitycon/I997 /0210 /cbbidres.doc Res. 97 -13 Res. 97 -13 Balboa Village • Business Improvement District ci' ` •,� e5y Newport Bay CS ch: \ 10qCe,9 i • : Park �g C: Park I Pacific Ocean Balboa Pier ; • Business Improvement District Boundary Exhibit A • • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 97 -13, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of February, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of February, 1997. City Clerk of the City of Newport Beach, California