HomeMy WebLinkAbout2005-31 - Balboa Village BIDRESOLUTION NO. 2005- 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO LEVY ASSESSMENTS FOR THE
BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR THE
FISCAL YEAR OF JULY 1, 2005 TO JUNE 30, 2006, AND FIX THE TIME
AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Balboa Village 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 District Advisory Board has prepared an Annual Report
for Short Year 2005 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 District Advisory Board
is hereby approved. The Annual Report contains a description of improvements
and activities provided during the 2005 Short Year, a proposed program for the
Fiscal Year 2005 -2006, the District boundaries, and the annual assessment
within the District.
Section 2: The City Council hereby declares its intention to renew
the Business Improvement District for the fiscal year July 1, 2005 to June 30,
2006 pursuant to the Act.
Section 3: The boundaries of the benefit zone are on the Balboa
Peninsula between A 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 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.
B. Insurance agencies that are exempt from City business
license regulations shall be assessed $250.
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 100 percent of the 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 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: 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.
7. BID liability insurance
BE IT FURTHER RESOLVED, that the City Council of the City of Newport
Beach shall conduct a public hearing on June 28, 2005 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 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, California, 92663. 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
and thereon held on the 14th day of June 2005.
ATTEST:
CITY :.
ATTACHMENT: Exhibit A - Boundary Map
Balboa Village
Business Improvement District
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Exhibit A
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH I
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. 2005 -31 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
14th day of June 2005, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of June 2005.
(Seal)
m, AL"
City Clerk
Newport Beach, California