HomeMy WebLinkAbout99-79 - Marine Avenue Business Improvement DistrictRESOLUTION NO. 99- 79
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE
MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE
FISCAL YEAR OF JANUARY 1, 2000 TO DECEMBER 31, 2000.
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 the
1999 fiscal year which is on file in the Office of the City Clerk; and
WHEREAS, on November 22, 1999 the Marine Avenue Business
• Improvement District annual report was filed and approved by the City Council
NOW, THEREFORE, the City Council of the City of Newport Beach
resolves as follows:
Section 1: The City Council hereby approves the renewal of the Marine
Avenue Business Improvement District for the 2000 fiscal year pursuant to the Act.
Section 2: The City Council hereby declares the intention to levy
assessments for the Business Improvement District for the fiscal year January 1, 2000 to
December 31, 2000 pursuant to the Act. 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:
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1. Hair stylists
2. Nail technicians
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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 3: The benefit assessments shall be collected by the City or an
assigned contractor 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 4: 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 5: 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 6: 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 that 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.
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6. The general promotion of retail trade activities.
• 7. General administration.
Section 7: The location of the District will remain 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.
BE IT FURTHER RESOLVED, that the City Council of the City of
Newport Beach shall conduct a public hearing on December 13, 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 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.
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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 22nd day of November 1999.
ATTEST:
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CITY CLERK
ATTACHMENT: Exhibit A (Boundary Map)
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STATE OF CALIFORNIA }
• COUNTY OF ORANGE
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 -79, 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 22nd
day of November, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of November, 1999.
`J
(Seal)
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City Clerk
Newport Beach, California