HomeMy WebLinkAbout2010-56 - FY 2010-11 Balboa Village BIDRESOLUTION NO. 2010 -56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
DECLARING ITS INTENTION TO RENEW THE BALBOA VILLAGE BUSINESS
IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JULY 1, 2010 TO JUNE 30,
2011, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Balboa Village 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
2010 -2011 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: On June 8, 2010, the Balboa Village Business Improvement
District annual report was filed and approved by the City Council.
Section 2: The City Council hereby declares its intention to renew the
Balboa Village Business Improvement District for the 2010 -2011 fiscal year pursuant to
the Act.
Section 3: The City Council hereby declares the intention to levy
assessments for the Business Improvement District for the fiscal year July 1, 2010 to June
30, 2011 pursuant to the Act. Such benefit assessment shall be unchanged from the
previous fiscal year and 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 100
percent of the annual business license tax as established pursuant to
Chapter 5.08 of the Municipal Code.
Section 4: 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 to be added shall in no event exceed one hundred
percent of the assessment amount due.
Section 5: The benefit assessments shall be collected by the City 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 6: The improvements and activities to be funded by the benefit
assessments shall include only the following:
1. Marketing, advertising, and public relations
2. Public area improvements and maintenance programs
3. Promotion of public events that are to take place on or in any
public places in the area
4. General promotion of retail trade activities.
5. Administration
The implementation of these actions is more fully described in the Balboa Village
Improvement District Fiscal Year 2010 -2011 Annual Report, which is on file with the office
of the City Clerk.
Section 7: The location of the District will remain the same: Between A
Street and Coronado Street on the Balboa Peninsula, as set forth with greater specificity in
the map attached as Exhibit A.
Section 8: This action is not subject to the California Environmental Quality
Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport
Beach shall conduct a public hearing on June 22, 2010 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; (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
8"' day of June, 2010.
MAYOR
ATTEST:
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CITY CLERK
ATTACHMENT: Exhibit A (Boundary Map)
Balboa Village
Business Improvement District
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Exhibit A
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2010 -56 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 8th day of
June, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of June, 2010.
oC A�i'pr
City Clerk
Newport Beach, California
(Seal)