HomeMy WebLinkAbout98-15 - REPEALED - Modifying the Basis for Levying Assessments in the Corona Del Mar Business Improvement DistrictORDINANCE NO. 98 -15
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH MODIFYING THE BASIS FOR
LEVYING ASSESSMENTS IN THE CORONA DEL MAR
BUSINESS IMPROVEMENT DISTRICT
WHEREAS, on September 1, 1997 the Corona del Mar Business Improvement District
was established, which provided for the imposition of a benefit assessment upon businesses
within the District; and
WHEREAS, upon recommendation of the Advisory Board the City Council desires to
modify the basis for levying assessments in the District.
NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as
follows:
• SECTION 1. Intent and Purpose. On July 14, 1997 the City Council of the City of
Newport Beach adopted Ordinance No. 97 -24 establishing the Corona del Mar Village Business
Improvement District. On June 22, 1998, the City Council adopted Resolution No. 98 -47
declaring its intention to levy a benefit assessment on businesses within the District, the proceeds
of which shall be used for the public purposes therein described, 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 22, 1998, the City Council
held a public meeting in the City of Newport Beach Council Chambers which was duly noticed
pursuant to the Act, and introduced this Ordinance.
On July 13, 1998 the City Council held a public hearing in the City of Newport Beach
Council Chambers to receive protests from any persons and affected business owners. The City
• Council has heard and considered all oral and written protests or other comments regarding such
proposed action, and protests from businesses in the proposed area paying a majority of the
proposed assessment have not been received; and, the City Council finds, based on all evidence
• presented that the businesses within the District will be benefited by the expenditure of the funds
raised by the assessments proposed to be levied.
At the June 22, 1998 public meeting the Advisory Board submitted recommendations to
the City Council that the basis for levying the assessment be modified as described in Sections 4
and 5 below.
SECTION 2. District Area Boundaries. The District boundaries shall remain unchanged
from that established in Ordinance 97 -24.
SECTION 3. Boundary Modification. The City Council may modify the boundaries or
assessments established by this Ordinance; the modifications shall be made 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 imposes 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.
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. Hair salons and nail parlors shall be assessed $156 plus $7.50 per workstation
per year.
E. 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 5: Collection of Benefit Assessment. The benefit assessments shall be
collected by the City in one annual installment. Assessments will be levied on the date the
annual District renewal becomes effective, and 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. Penalty for Delinquent Payment. The penalty for delinquent payments
• shall be equal to that established for delinquent business license taxes pursuant to Chapter 5.08
of the Municipal Code, providing that the penalty amount to be added shall in no event exceed
one hundred percent of the assessment amount due.
SECTION 7. Changes in Assessments. Any businesses 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; such changes
shall be made by later 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:
1. Physical Improvements
• 2. Maintenance
3. Marketing and Promotions
4. Special Events
• 5. Representaion of Area Business Interests in Governmental Affairs
6. Member Business Communications
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.
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 pursuant to this Ordinance, on the classification of
businesses, as appropriate, and on the basis and method of levying the 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 all 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 report filed by the
• Advisory Board, the City Council pursuant to Section 36534 of the Act, shall adopt annually 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.
SECTION 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 thereof held on the 13th day of July, 1998.
I
ATTEST:
CITY CLERK
AYES, COUNCILMEMBERS Thomson, Debay,
O'Neil, Glover, Noyes, Mayor Edwards
NOES, COUNCILMEMBERS
None
ABSENT, COUNCILMEMBERS Hedges
1
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MAYOR
•
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LI
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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
ordinance, being Ordinance No. 98 -15 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 13th
day of July, 1998, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of July, 1998.
(Seal)
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
ss.
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 98 -15 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 18, 1998.
i
In witness whereof, I have hereunto subscribed my name this �'i�'i � day of
t' 1998.
Z 16 A/ �
City Clerk of the City of
Newport Beach, California