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HomeMy WebLinkAbout99-52 - CdM Business Improvement District• RESOLUTION NO. 99-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF SEPTEMBER 1, 1999 TO AUGUST 31, 2000, AND TO MODIFY THE BASIS FOR LEVYING ASSESSMENTS, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING WHEREAS, the Corona del Mar Business Improvement District was established in 1997 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 City Council renewed the Corona del Mar Business Improvement District for one year in 1998 according to State Law; and WHEREAS, the Advisory Board has prepared an Annual Report for the 1999- • 2000 Fiscal Year 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; and WHEREAS, the Business Improvement District Advisory Board has recommended the basis for levying assessment be modified. 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 in the 1999 -2000 Fiscal Year, the area boundaries, and the annual assessment within the District. • SECTION 2: The City Council hereby declares its intention to renew the • Business Improvement District for the fiscal year September 1, 1999 to August 31, 2000 pursuant to the Act. SECTION 3: The location of the District will remain the same: generally properties along East Coast Highway from Hazel Drive to Avocado Avenue, as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. SECTION 4: The City Council hereby declares its intention to levy and impose and order 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. 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: 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 r1 L_J • 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: 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: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Physical improvements 2. Maintenance 3. Marketing and promotions • 4. Special events 5. Representation of area business interests in governmental affairs 6. Member business communications BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on August 23, 1999 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 renewal 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 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 (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 held on the 26th day of July 1999. qL�L �vC/ OAI NE�yRbR MAYOR ATTEST: 3 C, CITY CLERK ATTACHMENT: Exhibit A - Boundary Map • • • u 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. 99 -52, 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 26th day of July, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of July, 1999. (Seal) Cj9, rn.11'a -e" City Clerk of the City of Newport Beach, California