HomeMy WebLinkAbout97-5 - Marine Avenue Business Improvement DistrictRESOLUTION NO. 97 -5
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CONFIRMING THE MARINE AVENUE
BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND
LEVYING THE ASSESSMENT FOR THE 1997 CALENDAR
YEAR.
WHEREAS, the Marine Avenue Business Improvement District was established
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, on October 19, 1995 the City Council approved the establishment of
the Marine Avenue Business Improvement District which commenced on January 1, 1996; and
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WHEREAS, on December 9, 1996 the Marine Avenue Business Improvement
District annual report was filed and approved by the City Council and Resolution of Intent No.
96 -103 to levy assessments was adopted prior to the 1997 calendar year as required by the Act;
and
WHEREAS, the City Clerk has caused the RESOLUTION OF INTENTION to be
published once in a newspaper of general circulation in the City at least seven days before the
public hearing, in compliance with the Act.
• follows:
Res. 97 -5
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
Section 1: The City Council hereby confirms the annual report and approves the
renewal of the Marine Avenue Business Improvement District for the 1997 calendar year
pursuant to the Act.
Section 2: The location of the District 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 and incorporated herein.
Section 3: The City Council hereby levies, imposes and orders the collection of a
benefit assessment upon persons conducting a business in the District. Such benefit assessments
shall be equal to two hundred percent (200 %) of the City's usual annual business license tax
• base rate, excluding that portion based on number of employees, as established pursuant to
Chapter 5.08 of the Municipal Code. Independent contractors working for businesses such as
hair salons or real estate brokers are exempt from this assessment.
Section 4: 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.
Section 5: The penalty for delinquent payments shall be twenty five percent per
month, providing that the penalty to be added shall in no event exceed one hundred percent of
the assessment amount due.
Section 6: Individuals with more than one business entity within the assessment
boundaries shall not be required to pay the Business Improvement District assessment more than
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Res. 97 -5
once, but shall continue to pay required business license fees in accordance with Chapter 5.08 of
• the Municipal Code.
Section 7: The improvements and activities to be funded by the benefit
assessments shall include only the following:
1. Marketing, advertising and public relations.
2. Brochure development and distribution.
3. Promotion of public events which are to take place on or in any public places
in the area.
4. Decoration of any public place in the area.
5. Public area maintenance activities.
6. The general promotion of retail trade activities.
• 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 13th day of January 1997.
ATTEST:
CITY CLERK
ATTACHMENT: Exhibit A - Bounc
AYOR
• F: \USERSTLN\ SHARED \1CI7YCNC\1997 \0113WARESO.DOC
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•
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 97 -5, 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 13th
day of January, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Glover, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: Noyes
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of January, 1997.
(Seal)
,2fL4An, j 'w - �JaQe-1'2
City Clerk of the City of
Newport Beach, California