HomeMy WebLinkAbout2011-49 - Marine Ave. BID for FY 11-12 and Fix Time and Place of Public HrgRESOLUTION NO. 2011 -49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO RENEW THE MARINE AVENUE
BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JULY
1, 2011 TO JUNE 30, 2012, AND FIX THE TIME AND PLACE OF A
PUBLIC HEARING.
WHEREAS, the Marine Avenue 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
WHEREAS, on June 14, 2011, the Marine Avenue Business
Improvement District annual report was filed and approved by the City Council.
NOW, THEREFORE, the City Council of the City of Newport Beach
resolves as follows:
Section 1: The City Council hereby declares its intention to renew
the Marine Avenue Business Improvement District (BID) for fiscal year 2011-
2012 pursuant to the Act.
Section 2: The City Council hereby declares the intention to levy
assessments for the BID for fiscal year July 1, 2011 to June 30, 2012 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:
Marine Avenue Business Improvement District
1. Hair stylists
2. Nail technicians
3. Real estate agents
D. The assessment for all other businesses within the BID shall be
100 percent of the annual business license tax as established
pursuant to Chapter 5.08 of the Municipal Code if the business
is located in a downstairs space; if upstairs, a flat $25.00 will be
assessed.
Section 3: 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 4: The benefit assessments shall be collected by the City
in one annual installment, with collections for new businesses in the BID 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 BID's fiscal year.
Section 5: 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 take place on or in any public
place in the area
4. General promotion of retail trade activities.
5. Administration
The implementation of these actions is more fully described in the Marine
Avenue Business Improvement District Fiscal Year 2010 -2011 Annual Report,
which is on file with the office of the City Clerk.
Section 6: The location of the BID will remain the same: Generally
the 200 and 300 blocks of Marine 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 June 28, 2011 at 7:00 p.m., or
Marine Avenue Business Improvement District
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 BID, the
extent of the BID 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 BID which pay fifty percent or more of the total
assessments to be levied, no further proceedings to renew the BID 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 BID, 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 14th day of June, 2 ,11.
I ,
L i,—,
Michael F. Henn, Mayor
ATTEST:
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Leilani Brown, City Clerk
ATTACHMENT: Exhibit A (Boundary Map)
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Marine Avenue Business Improvement District
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2011 -49 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 14th day of
June, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of June, 2011.
O�.�IaMA, � h mrv- �
City Clerk
Newport Beach, California
(Seal)