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Home My WebLink About97-24 - REPEALED - SEE 2021-14: Establishing the Corona Del Mar Business Improvement DistrictORDINANCE NO. 97-24 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT WHEREAS, at the request of Corona del Mar business owners, the City Council of the City of Newport Beach desires to establish a Business Improvement District to provide for the imposition of a benefit assessment and to adopt an ordinance to such effect. NOW THEREFORE the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Intent and Pugr ose. Pursuant to the Parking and Business Improvement • Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act "), on June 23, 1997 the City Council of the City of • Newport Beach held a duly noticed public meeting in the Newport Beach Council Chambers and adopted Resolution No. 97 -50, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ESTABLISH THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT, APPOINTING AN ADVISORY BOARD, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING" declaring its intention to levy a benefit assessment on all businesses within the District, with the proceeds to be used for the public purposes described in the resolution. On July 14, 1997 the City Council held a public hearing in the Newport Beach Council Chambers to receive protests from any persons and affected business owners. The City Council Ordinance 97 -24 Corona del Mar Business Improvement District Page 1 has heard and considered all oral and written protests or other comments regarding the proposed • District, and written protests from businesses in the proposed area paying a majority of the • proposed assessment have not been received. The City Council finds, based on all evidence presented, that businesses within the District will be benefited by the expenditure of funds raised by the assessments to be levied. SECTION 2. Establishment of Area. A parking and business improvement area to be known as the "Corona del Mar Business Improvement District' (the "District') is hereby established pursuant to the Act. The boundaries of the District generally include those properties along East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. SECTION 3. Boundary Modification. The City Council may modify the boundaries or assessments established by this ordinance pursuant to the requirements of the Act, but no assessment shall be modified which would impair the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments. SECTION 4. Benefit Assessment. The City Council hereby levies and orders 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. Ordinance 97 -24 Corona del Mar Business Improvement District Page 2 B. Insurance agencies that are exempt from City business license regulations • shall be assessed $250 per year. C. The assessment for all other businesses within the District shall be 150 percent of the annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code. D. Only one assessment shall be levied per business address; therefore independent contractors and agents (such as hair stylists and nail technicians) who are not the business owner shall not be included in the District and shall be exempt from assessments. SECTION 5. Collection of Benefit Assessment. Benefit assessments shall be levied on existing businesses on September 1, 1997 and collected in one annual installment. New businesses established after September 1, 1997 shall be exempt from the Fiscal Year 1997 -98 • assessment. SECTION 6. Penalty for Delinquent Payment. 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 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 is indebted to the City for any delinquent benefit assessment. SECTION 7. Changes in Assessments. Any business covered by this ordinance shall also be subject to changes which may be made in the assessments or in the uses to which the • revenues shall be put, as specified in this ordinance and as permitted by the Act; any such Ordinance 97 -24 Corona del Mar Business Improvement District Page 3 changes shall be made by ordinance adopted after hearing before the City Council, or by • resolution, if approved in conjunction with confirmation of the annual report. SECTION 8. Improvements and Activities. The benefit assessments collected pursuant to this ordinance shall be used only for the following purposes: A. Physical improvements (e.g., lighting, landscaping, street furniture, signage) B. Maintenance (e.g., sidewalk steam cleaning, trash collection) C. Marketing and promotions D. Special events E. Representation of area business interests in governmental affairs F. Administrative support The City Council of Newport Beach shall have sole discretion as to how the revenue derived from the benefit assessments is to be used within the scope of the above purposes; provided, however, it shall consider recommendations as to the use of said revenue made by the Advisory Board referenced in Section 9 of this ordinance. The revenues from the levy of assessments shall not be used to provide improvements or activities for the direct benefit of properties outside of the District or for any other purpose not specified in this section or in any subsequent ordinance or resolution. • Ordinance 97 -24 Corona del Mar Business Improvement District Page 4 Section 9. Advisory Board. • (a) Appointment. The City Council by Resolution 97 -50 appointed an Advisory Board which shall make recommendations to the City Council on the expenditure of revenues derived from assessments, on the classification of businesses, and on the basis and method of levying assessments. (b) Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The report shall be filed with the City Clerk and shall comply with the requirements of Streets and Highways Code Section 36533. (c) Approval of Report. The City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and • approve it as modified. The City Council shall not approve a change in the basis or method of levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments. SECTION 10. Annual Approval/Resolution. After approval of the annual report filed by the Advisory Board, the City Council pursuant to Section 36534 of the Act shall adopt a resolution of intention to levy an assessment for that fiscal year. The City Council shall hold a public hearing prior to the adoption of a resolution confirming the annual report and levy of assessments. • Ordinance 97 -24 Corona del Mar Business Improvement District Page 5 • SECIl'ION 11. This ordinance shall take effect 30 days after passage. PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular meeting held on the 14th day of July , 1997. AYES, COUNCIL MEMBERS O'Neil, Thomson, Edwards, Debay, Hedges, Glover, Noyes NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS %None MA ATTEST: j ASSISTANT CITY CLERK Attachment Exhibit A - District boundary map F: \...\ BIDS \CDM \COUNCIL \97ADOPT \ORD- FINL.DOC • Ordinance 97 -24 Corona del Mar Business Improvement District Page 6 • • • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, NANCY C. LACEY, Acting 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 ordinance, being Ordinance No. 97 -24 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 July, 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 15th day of July, 1997. (Seal) ing C} Clerk of the it Newpoff Beach, Californi CERTIFICATE OF PUI3LICATION STATE OF CALIFORNIA } COUNTY OF ORANGE 1 ss. CITY OF NEWPORT BEACH ) I, NANCY C. LACEY, Acting City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -24 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: July 19, 1997. 1 � �nIn witness whereof, I have hereunto subscribed my name this &6 day of 1997. lot A geCity Clerk of the City of Newport Beach, California