HomeMy WebLinkAbout96-103 - Marine Avenue Business Improvement District•
RESOLUTION NO. 96-103
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 CALENDAR YEAR OF JANUARY 1, 1997 TO
DECEMBER 31,1997 AND FIXING 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 Fiscal and
Calendar Year 1997 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
1997, 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 calendar and fiscal year 1997 pursuant to the Act.
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 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 two hundred percent (200 %) of the City's usual annual business
license tax base rate (i.e., excluding that portion based on number of employees) as established
Resolution No. 96 -103
Marine Avenue Business Improvement District
Resolution of Intention
Page 1
Res. 96 -103
Section 5: The collection of 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, providing that the penalty to be added shall in no event exceed one hundred percent of
the assessment amount due.
Section 7: Individuals with more than one business entity within the assessment
boundaries shall not be required to pay the Business Improvement District assessment more than
once, but shall continue to pay required business license fees in accordance with Chapter 5.08 of
the Municipal Code.
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 which 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 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 January 13, 1997 at 7:00 p.m., or 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 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.
to
•
Res. 96 -103
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, 92658. Telephone (714) 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 9th day of December 1996.
Or"
ATTEST: 'kiu
i
CITY CLERK
ATTACHMENT: Exhibit A - Boundary Map
C:1W IN...XBIDSWARINMCC- RESOI.DOC
MAYOR ,