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HomeMy WebLinkAbout97-5 - Marine Avenue Business Improvement DistrictRESOLUTION NO. 97 -5 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND LEVYING THE ASSESSMENT FOR THE 1997 CALENDAR YEAR. WHEREAS, the Marine Avenue Business Improvement District was established 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, on October 19, 1995 the City Council approved the establishment of the Marine Avenue Business Improvement District which commenced on January 1, 1996; and • WHEREAS, on December 9, 1996 the Marine Avenue Business Improvement District annual report was filed and approved by the City Council and Resolution of Intent No. 96 -103 to levy assessments was adopted prior to the 1997 calendar year as required by the Act; and WHEREAS, the City Clerk has caused the RESOLUTION OF INTENTION to be published once in a newspaper of general circulation in the City at least seven days before the public hearing, in compliance with the Act. • follows: Res. 97 -5 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as Section 1: The City Council hereby confirms the annual report and approves the renewal of the Marine Avenue Business Improvement District for the 1997 calendar year pursuant to the Act. Section 2: 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 3: The City Council hereby levies, imposes and orders 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, excluding that portion based on number of employees, as established pursuant to Chapter 5.08 of the Municipal Code. Independent contractors working for businesses such as hair salons or real estate brokers are exempt from this assessment. Section 4: 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 5: 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 6: Individuals with more than one business entity within the assessment boundaries shall not be required to pay the Business Improvement District assessment more than • Res. 97 -5 once, but shall continue to pay required business license fees in accordance with Chapter 5.08 of • the Municipal Code. 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 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. • 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 held on the 13th day of January 1997. ATTEST: CITY CLERK ATTACHMENT: Exhibit A - Bounc AYOR • F: \USERSTLN\ SHARED \1CI7YCNC\1997 \0113WARESO.DOC • • • 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 -5, 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 January, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Glover, and Mayor Debay Noes: None Absent: Hedges Abstain: Noyes IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of January, 1997. (Seal) ,2fL4An, j 'w - �JaQe-1'2 City Clerk of the City of Newport Beach, California