HomeMy WebLinkAbout96-19 - Central Balboa Business Improvement DistrictRESOLUTION NO. 96 - 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE
CENTRAL BALBOA BUSINESS IMPROVEMENT DISTRICT FOR
THE FISCAL YEAR OF APRIL 1, 1996 TO MARCH 31, 1997 AND
FIXING THE TIME AND PLACE OF A PUBLIC HEARING.
•WHEREAS, the Central Balboa Business Improvement District was established pursuant
to the Parking and Business Improvement Area Law of 1989, California Streets and Highways
Code, Article 36534, (hereinafter the "Act') and requires an annual report to be filed and
approved by the City Council and a resolution of intent to levy assessments to be adopted prior
to each fiscal year of a Business Improvement District; and
WHEREAS, on February 27, 1995 the City Council approved the establishment of the
Central Balboa Business Improvement District which commenced April 1, 1995; and
WHEREAS, the Act requires the City Council to declare the intention to levy and collect
assessments within the Business Improvement District for the fiscal year stated in the resolution;
and
NOW, THEREFORE the City Council of the City of Newport Beach resolves as
follows:
Section 1: That the City Council hereby declares it intention to renew the Business Improvement
District for fiscal year 1996 -1997 pursuant to the Act.
Section 2: That the location of the District will remain the same: generally on the Newport
Peninsula between Adams Street and Coronado Street, and set forth with greater specificity in
the map attached as Exhibit A and incorporated herein.
isSection 3: That the City Council proposes to levy, impose and order the collection of a benefit
assessment upon persons conducting a 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 4: 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, 1996 and for the new businesses in the District on the
day of the issuance of a business license by the City.
Section 5: 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 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 6: That the improvements and activities to be funded by the benefit assessments shall
include only the following:
Streetscape and landscape design.
2. Decoration of any public place in the area.
3. Promotion of public events which are to take place on or in any public places
in the area.
4. 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.
5. Purchase and installation of benches, planters, street lamps or similar
isimprovements.
6. Central Balboa area design assistance.
Tenant mix and recruitment efforts.
8. Brochure development and distribution.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport
Beach shall conduct a public hearing on March 11, 1996, 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 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
within the District, those types of improvements or activities shall be eliminated.
Further information regarding the proposed Business Improvement District renewal may
be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
California, 92658. Telephone (714) 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 and thereon held on
the 26th day of February 1996.
ATTEST:
MAYOR
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CITY CLERK
• ATTACHMENT: Exhibit A - Boundary Map
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