HomeMy WebLinkAbout2003-36 - Corona del Mar Business Improvement DistrictRESOLUTION NO. 2003- 36
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, 2003 TO AUGUST 31, 2004.
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 2002 -2003 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, 2003 to
August 31, 2004 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. Hairstylists
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 12, 2003 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 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 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 22nd day of
July 2003.
ATTEST:
CITY CLERK
ATTACHMENT: Exhibit A (Boundary Map)
CXH..IS(T A
City of Newport Beach
Corona del Mar Business Improvement District
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH
1, 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. 2003 -36 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 July, 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg
Noes: :done
Absent: Ridgeway, Proctor
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of July, 2003.
(Seal)
City Clerk
Newport Beach, California