HomeMy WebLinkAbout2001-65 - CdM Business Improvement District AssessmentsRESOLUTION NO. 2001- 65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE
CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE
FISCAL YEAR OF SEPTEMBER 1, 2001 TO AUGUST 31, 2002.
WHEREAS, the Corona del Mar 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 2001 -2002
fiscal year which is on file in the Office of the City Clerk; and
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows
Section 1: The City Council hereby declares the intention to levy assessments for
the Corona del Mar Business Improvement District for the fiscal year September 1,
2001 to August 31, 2002 pursuant to the Act. 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 2: 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 3: The City shall collect benefit assessments 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 improvements and activities to be funded by the benefit assessments
shall include only the following:
1. Marketing, advertising, and special events
2. Physical improvements & maintenance
3. Communications and Outreach Program
4. Representation of area business interests in governmental affairs
5. Administration
Section 5: The location of the District will remain the same: generally located on
East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater
specificity in the map attached as Exhibit A.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
shall conduct a public hearing on August 14, 2001 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 that pay fifty percent or more of the total assessments to be levied, no
further proceddings 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 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 241h
day of July 2001.
ATTEST:
CITY CLERK
met
MAYOR
ATTACHMENT: Exhibit A (Boundary Map)
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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. 2001 -65 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
24th day of July, 2001, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of July, 2001.
(Seal)
City Clerk
Newport Beach, California