HomeMy WebLinkAbout97-13 - Balboa Village Business ImprovementRESOLUTION NO. 97 -13
• 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 APRIL 1, 1997 TO MARCH 31, 1998
AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING.
WHEREAS, the Balboa Village Business Improvement District was established
in 1995 as the Central Balboa Business Improvement District 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 1997-
• 1998 Fiscal Year which is on file in the Office of the City Clerk; and
WHEREAS, the Act requires the City Council to declare its intention to levy and
collect assessments within the Business Improvement District for the next fiscal year.
follows:
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
Section 1: The Annual Report filed by the Advisory Board is hereby approved.
The Annual Report contains a description of improvements and activities to be provided for the
1997 -1998 fiscal year, the area boundaries, and the annual assessment within the District.
Section 2: The City Council hereby declares it intention to renew the Business
• Improvement District for the 1997 -1998 fiscal year pursuant to the Act.
Res. 97 -13
Section 3: The location of the District will remain the same: generally located on
• the Balboa Peninsula between Adams Street and Coronado Street as set forth with greater
specificity in the map attached as Exhibit A and incorporated herein.
Section 4: 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 tax as established pursuant
to Chapter 5.08 of the Municipal Code.
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.
Section 6: The penalty for delinquent payments shall be twenty -five percent per
• month, provided that the penalty to be added shall in no event exceed one hundred percent of
the assessment amount due.
Section 7: The improvements and activities to be funded by the benefit
assessments shall include only the following:
1. Marketing, advertising, and promotion of Balboa Village
2. Physical Improvements within Balboa Village.
3. Tenant Improvement and Recruitment within Balboa Village
BE IT FURTHER RESOLVED, that the City Council of the City of
Newport Beach shall conduct a public hearing on March 10, 1997 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
•
•
Res. 97 -13
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.
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 10th day of February 1997.
NVR
• ATTEST:
CITY CLERK
•
•
ATTACHMENT: Exhibit A - Boundary Map
fping/shared/Icitycon/I997 /0210 /cbbidres.doc
Res. 97 -13
Res. 97 -13
Balboa Village
• Business Improvement District
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e5y Newport Bay
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Pacific Ocean
Balboa Pier ;
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Business Improvement District
Boundary
Exhibit A
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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 -13, 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 10th
day of February, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of February, 1997.
City Clerk of the City of
Newport Beach, California