HomeMy WebLinkAbout95-13 - Central Balboa Business Improvement DistrictRESOLUTION NO. 95 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENTION TO ESTABLISH
THE CENTRAL BALBOA BUSINESS IMPROVEMENT DISTRICT,
APPOINTING AN ADVISORY BOARD, AND FIXING THE TIME AND
PLACE OF A PUBLIC HEARING.
WHEREAS, various members of the Central Balboa business community have
approached the City requesting assistance to form a Parking and Business
• Improvement Area pursuant to Parking and Business Improvement Area Law of 1989,
contained in the California Streets and Highways Code, Article 36500, et. seq.
(hereinafter the "Act "); and
WHEREAS, on February 13, 1995, the City Council reviewed this request and
approved its further exploration; and
WHEREAS, the Act permits the City Council to appoint an advisory board to
recommend expenditure of the benefit assessments; and
NOW, THEREFORE the City Council of the City of Newport Beach resolves
as follows:
Section 1: That the City Council hereby declares its intention to establish a Parking
and Business Improvement Area pursuant to the Act.
Section 2: That the name of the area shall be the Central Balboa Business
Improvement District.
Section 3: That the location of the District is generally on the Newport Peninsula
between the Pacific Ocean and Newport Harbor between Adams Street and A Street,
and on East Balboa Boulevard between Adams Street and Coronado Street, and set
forth with greater specificity in the map attached as Exhibit A and incorporated herein.
Section 4: That the City Council proposes to levy, impose and order the collection of a
benefit assessment upon persons conducting business in the District. Such benefit
assessments shall be equal to the City's usual annual business license fee as
established pursuant to Chapter 5.08 of the Municipal Code.
Section 5: That the collection of benefit assessments shall be collected by the City in
one annual installment in combination with the collection of the annual business
license fee. Levy of assessments will commence on April 1, 1995 and for new
businesses in the District on the day of the issuance of a business license by the City.
Section 6: That the penalty for delinquent payments shall be equal to that established
for delinquent business license fees pursuant to Chapter 5.08 of the Municipal Code,
providing that the penalty amount to be added shall in no event exceed one hundred
percent of the assessment amount due. No City Business License shall be knowingly
issued or renewed to any business which, at the time of making application or license
or renewal thereto, is indebted to the City for any delinquent benefit assessment.
Section 7: That the improvements and activities to be funded by the benefit
assessments shall include only the fallowing:
A. Streetscape and Landscape design.
• B. Decoration of any public place in the area.
C. Promotion of public events which are to take place on or in public places
in the area.
D. The general promotion of retail trade activities in the area, including but
not limited to costs of studies made to improve trade therein and
payments to associations or individuals engaged in such promotion.
E. Purchase and installation of benches, planters, street lamps or similar
public facilities.
F. Building facade design assistance.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
hereby appoints the Board of Directors of the Balboa Merchants and Owners
Association (a non - profit corporation under the laws of the State of California) as the
Advisory Board for the Central Balboa Business Improvement District to assist in its
formation and to recommend to the City Council expenditure of the benefit
assessments.
• BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
shall conduct a public hearing on February 27, 1995, at 7:00 p.m., or 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 establishment 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 establish 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 within the District, those types of improvements or
activities shall be eliminated.
Further information regarding the proposed Business Improvement Districts may be
obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
California, 92658. Telephone (714) 644 -3002.
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.
The City Clerk shall mail a complete copy of this resolution of intention by first class
mail to each business operator in the District within seven days after the Council's
adoption of this resolution.
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 and thereon held on
13th day of February 1995.
ADOPTED this 13th date of February 1995.
ATTEST:
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