HomeMy WebLinkAbout98-81 - Marine Avenue BID RenewalRESOLUTION NO. 98 - 81
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH RENEWING THE MARINE AVENUE
BUSINESS IMPROVEMENT DISTRICT, CONFIRMING THE
ANNUAL REPORT, AND LEVYING THE ASSESSMENTS AT
A MODIFIED RATE FOR THE 1999 CALENDAR YEAR.
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, on November 23, 1998 the Balboa Island Bayside Business
Improvement District annual report was filed and approved by the City Council and
Resolution of Intent No. 98 -75 to levy assessments was adopted as required by the Act;
• 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 City Council has determined that the boundaries should
not be expanded at this time; and
WHEREAS, the assessment will benefit the existing boundaries within
the District; 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 City Council hereby confirms the annual report and
• approves the renewal of the Balboa Island Bayside Business Improvement District for the
1999 calendar year pursuant to the act.
Section 2: The City Council hereby approves the modification of the basis
of levying assessments for the Business Improvement District for the 1999 calendar year
pursuant to the Act.
Section 3: The boundaries of the District are 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 hereby levies, imposes and orders the
collection of a benefit assessment upon persons conducting business in the District. Such
• benefit assessment shall be as follows:
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. Hairstylists
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.
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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.
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.
•
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
14th day of December 1998.
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MAYOR
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ATTACHMENT: Exhibit A - Boundary Map
\BIDS\MARINE AVE \COUNCIL99RENEW\CC- RES02mv.DOC
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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. 98 -81, 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 December, 1998, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil
Noes: None
Absent: None
Abstain: Noyes
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of December, 1998.
(Seal)
City Clerk of the City of
Newport Beach, California