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