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HomeMy WebLinkAbout99-60 - CdM Business Improvement DistrictRESOLUTION NO. 99-60 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT AND LEVYING ASSESSMENTS ON A MODIFIED BASIS FOR THE FISCAL YEAR OF SEPTEMBER 1, 1999 TO AUGUST 31, 2000 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, on July 26, 1999 the Corona del Mar Business Improvement District Annual Report for the 1999 -2000 Fiscal Year was filed and approved by the City Council and Resolution of Intent No. 99 -52 to levy assessments was adopted 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; and WHEREAS, the Business Improvement District Advisory Board has recommended the basis for levying assessment be modified; and WHEREAS, on August 23, 1999 the City Council held a public hearing in the City of Newport Beach Council Chambers to receive protests from any persons and • affected business owners. The City Council has heard and considered all oral and written protests or other comments regarding such proposed action, and protests from businesses in the proposed area paying a majority of the proposed assessment have not been • received; and the City Council finds, based on all evidence presented that the businesses within the District will be benefited by the expenditure of the funds raised by the assessments proposed to be levied. 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 Corona del Mar Business Improvement District for the 1999- 2000 Fiscal Year pursuant to the Act. Section 2: 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 3: The City Council hereby levies and imposes and orders 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 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. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the District's fiscal year. 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: 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 • 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 u the 23rd day of August 1999. ATTEST: I�XAn� � •.�jr1JlUr -� ,D,IITY CLERK • • MAYOR ` • STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, Deputy 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 -60, 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 August, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Noyes, Mayor O'Neil Noes: None Absent: Ridgeway Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 24th day of August, 1999. (Seal) • Deputy City Clerk Newport Beach, California