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HomeMy WebLinkAbout95-108 - Corona del Mar Business Improvement DistrictRESOLUTION NO. 95- 108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ESTABLISH THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT, APPOINTING AN ADVISORY BOARD, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING. • WHEREAS, various members of the Corona del Mar 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, Section 36500, et. seq. (hereinafter the "Act "); and WHEREAS, the Act permits the City Council to appoint an advisory board to recommend expenditure of the benefit assessments. 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 Corona del Mar Business Improvement District (hereinafter the "District "). Section 3: That the location of the District generally borders East Coast Highway from Hazel Street to Avocado Street as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. Section 4: That except where funds are otherwise available, the City Council proposes to levy, impose and order the annual collection of a benefit assessment upon persons conducting business in the District to pay for the improvements and activities specified herein. The method of establishing the assessment shall be as follows: A. Banks and financial institutions not having a City business license shall be assessed at a rate of $600 per year. Those financial institutions with a City business license shall • be assessed an amount equal to one hundred percent (100 %) of their business license fee provided that the total of the business license fee and District assessment combined shall not exceed $600 per year. 1 B. Insurance agencies and/or agents not having a City business license shall be assessed at a rate of $250 per year. Insurance agencies and/or agents possessing a City business license shall be assessed an amount equal to one hundred percent (100 %) of their business license fee provided that the total of the business license fee and District assessment combined shall not exceed $250 per year. . C. The assessment for all other businesses within the District shall be equal to one hundred percent (100 %) of the 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 January 1, 1996 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 following: A. Market study: Commission of Linda Congleton & Associates to perform market consulting services as outlined in the proposal of June 28, 1995. ($27,000) B. Banner maintenance. ($1,000) C. Marketing implementation and materials: May include image piece, business directory, special events flyers, etc. ($6,000 - 7,000) D. March/September promotion. ($4,000) E. Restaurant promotion. ($3,000) F. East Coast Highway landscape reserve fund. ($10,000) G. Parking master plan. ($2,000 - 2,750) H. Design assessment. ($2,000 - 2,750) • The amounts indicated for each improvement or activity are budget estimates and actual expenditures may be adjusted up to 20 percent upon approval of the Advisory Board so long as the total amount of District revenues is not exceeded. KJ BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach hereby appoints the Board of Directors of the Corona del Mar Chamber of Commerce (a non- profit corporation under the laws of the State of California) as the Advisory Board for the Corona del Mar Business Improvement District to assist in its formation and recommend to the City • Council expenditure of the benefit assessments, classification of businesses, as applicable, and the method and basis of levying the assessments. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on October 19, 1995, at 5:00 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 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 District may be obtained from the Corona del Mar Chamber of Commerce at (714) 673 -4050 or the City of Newport Beach Planning Department at (714) 644 -3230. • 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. 3 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. ADOPTED this 25th date of September 1995. ATTEST: Attachment Exhibit A: District boundary map C:\WIN...\BIDS \CDM\RESOI.DOC is MAYOR 4