Loading...
HomeMy WebLinkAbout98-75 - Marine Avenue BID RenewalRESOLUTION NO. 98- 75 • 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 YEAR OF JANUARY 1, 1999 TO DECEMBER 31, 1999, TO CHANGE THE NAME TO THE BALBOA ISLAND BAYSIDE BUSINESS IMPROVEMENT DISTRICT, TO EXPAND THE BOUNDARIES, TO MODIFY THE BASIS FOR LEVYING ASSESSMENTS 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 • Calendar Year 1998 which is on file in the Office of the City Clerk; and WHEREAS, the Advisory Board has requested the boundaries be expanded to include more business areas on and around Balboa Island which have benefited from the activities of the District; and WHEREAS, the assessment will benefit the existing and expanded boundaries within the District; and WHEREAS, the expanded boundary areas will be benefited by improvements and activities of the District; and WHEREAS, the Advisory Board has requested the name of the District be changed to reflect all benefited business areas within the District; and u P1 WHEREAS, the Act requires the City Council to declare its intention to • levy and collect assessments within the Business Improvement District for the next year; and WHEREAS, the Business Improvement District Advisory Board has recommended the basis for levying assessment be modified. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Annual Report by the Advisory Board is on file as required by State law. The Annual Report contains a description of improvements and activities to be provided for 1999, the area boundaries, and the annual assessments within the District. Section 2: The City Council hereby declares it intention to renew the • Business Improvement District for the year January 1, 1999 to December 31, 1999 pursuant to the Act. Section 3: The boundaries of the District are proposed to be expanded to include: generally the 200 and 300 blocks of Marine Avenue, the 100 block of Agate Avenue, 406 to 508 South Bay Front, 1101 to 1137 Bayside Drive (odd only), and 900 to 1090 Bayside Drive (even only), as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. Section 4: The District name is proposed to be changed from "Marine Avenue Business Improvement District' to `Balboa Island Bayside Business Improvement District' to reflect all benefited business areas within the District. Section 5: The City Council intends to levy a benefit assessment upon • persons conducting business in the District. Such benefit assessment shall be as follows: Resolution No. 98 -_ Balboa Island Bayside Business Improvement District 3 • A. 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 B. The assessment for second floor businesses shall be $25. C. 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 6: 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. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the year. Section 7: 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 8. An owner of more than one business within the District shall only be required to pay the assessment for the largest business, and shall be exempt from • assessments on additional businesses within the District. Resolution No. 98 -_ Balboa Island Bayside Business Improvement District 4 Section 9: 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 improvements and 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 December 14, 1998 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 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. If the majority protest is only against the furnishing of a Resolution No. 98 -_ Balboa Island Bayside Business Improvement District I specific type or types of improvements or activity or benefit within the District, those • types of improvements or activities or benefit zones shall be eliminated. Further information regarding the proposed Business Improvement District renewal and expansion may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. 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 L thereon held on the 23rd day of November 1998. ATTEST: r y'-q CITY CLERK MAYOR ATTACHMENT: Exhibit A - Boundary Map Resolution No. 98 -_ Balboa Island Bayside Business Improvement District STA'rE-..OF.CALIFORNIA ............ COUNTY OF ss- CITY OF NEWPORT BEACH LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby,'certify...t4at, the Whole, number of members of the City Council is seven; that the foregoing resolution tiop,, .being ' 6ing Resolution -No. 98775, 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 23rd day of Mvembei, 1098, and that the same was so passed and adopted by thefollowing.vote, to wit: Ayes:. ebay, O'Neil,. Hedges; Mayor Edwards n Noes: None Absent: Glover Abstain: Noyes IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th dajof Novemberi 1998. City Clerk of the City of Newport Beach, California