HomeMy WebLinkAbout2015-31 - Declaring Its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2015 to June 30, 2016, and Fix the Tie and Place of a Public HearingRESOLUTION NO. 2015 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENTION TO
RENEW THE CORONA DEL MAR BUSINESS
IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS
FOR THE FISCAL YEAR OF JULY 1, 2015 TO JUNE 30,
2016, AND FIX THE TIME AND PLACE OF A PUBLIC
HEARING.
WHEREAS, the Corona del Mar Business Improvement District ( "CdM BID ") was
established in 1997 pursuant to the Parking and Business Improvement Area Law of
1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the
"1989 Law "), which requires an annual report to be filed and approved by the .City
Council for each fiscal year; and
WHEREAS, the Advisory Board, known as the Corona del Mar Business
Improvement District Board of Directors, has prepared an Annual Report for the 2014-
2015 fiscal year which is on file in the Office of the City Clerk; and
WHEREAS, on May 12, 2015, the CdM BID 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 CdM BID
for fiscal year 2015 -2016 pursuant to the 1989 Law.
Section 2: The City Council hereby declares the intention to levy assessments
for the CdM BID for the fiscal year July 1, 2015 to June 30, 2016 pursuant to the 1989
Law. Such benefit assessment shall be as follows:
A. Banks and financial institutions that are exempt from City business license
regulations shall be assessed Five Hundred Dollars ($500) per year.
B. Insurance agencies that are exempt from City business license regulations
shall be assessed Two Hundred Fifty Dollars ($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
Resolution No. 2015 -31
Page 2 of 3
2. Nail technicians
3. Real estate agents.
D. The assessment for all other businesses within the CdM BID shall be one
hundred fifty percent (150 %) of the annual business license tax as
established pursuant to Chapter 5.08 of the Newport Beach Municipal
Code.
Section 3: The penalty for delinquent payments shall be equal to that
established for delinquent business license fees pursuant to Chapter 5.04 of the
Newport Beach Municipal Code, providing that the penalty to be added shall in no event
exceed one hundred percent (100 %) of the assessment amount due.
Section 4: The benefit assessments shall be collected by the City, or its
designee, in one annual installment. The assessment for new businesses shall be pro-
rated according to the number of full months remaining in the CdM 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 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 CdM BID Fiscal Year
2014 -2015 Annual Report, which is on file with the Office of the City Clerk.
Section 6: The location of the CdM BID 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, and incorporated herein by
reference.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
shall conduct a public hearing on May 26, 2015 at 7 p.m., or as soon thereafter as this
matter may be heard, in the Council Chambers located at 100 Civic Center Drive,
Newport Beach, California at which time the Council will hear all interested persons for
Resolution No. 2015 -31
Page 3 of 3
or against the renewal of the CdM BID, the extent of the CdM BID and the specific types
of improvements or activities to be funded by the benefit assessment.
During the public hearing, the City Council shall hear and consider all protests
against the establishment area, or the furnishing of specified types of improvements or
activities within the area. 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 the businesses within the CdM BID which
pay fifty percent (50 %) or more of the total assessments to be levied, no further
proceedings to renew the CdM 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 CdM BID, those types of improvements or activities or benefit zones shall be
eliminated.
Further information regarding the proposed CdM BID renewal may be obtained at
the City Manager's Office, 100 Civic Center Drive, Newport Beach, CA 92660; 949 -644-
3031.
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 a regulajej ng held on the 12tn
day of May, 2015.
Edvvard D. 9elich�
Mayor
ATTEST:
lU
Leilani I. Brown
City Clerk
Attachment: Exhibit A (Boundary Map)
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Name:
Corona del Mar
Business Improvement District
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. 2015 -31 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 121" day of May, 2015, and. that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon,
Mayor Selich
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1 e day of May, 2015.
6&�'s pd�v�
City Clerk
Newport Beach, California
(Seal)