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HomeMy WebLinkAbout97-50 - Amended - SEE 2014-57; Corona del Mar Business Improvement District• RESOLUTION NO. 97-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ESTABLISH THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT, APPOINTING AN ADVISORY BOARD, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, members of the Corona del Mar business community have approached the City requesting assistance to form a Parking and Business Improvement Area pursuant to Parking and Business Improvement Area Law of 1989, contained in the California Streets and Highways Code, Section 36500, et seq. (hereinafter the "Act "). NOW, THEREFORE the City Council of the City of Newport Beach resolves as follows: • Section 1: The City Council hereby declares its intention to establish a Parking and Business Improvement Area pursuant to the Act. Section 2: The name of the area shall be the Corona del Mar Business Improvement District (hereinafter the "District'). Section 3: The location of the District generally includes those properties along 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. Section 4: Except where funds are otherwise available, the City Council proposes to levy, impose and order the annual collection of a benefit assessment upon persons conducting business in the District to pay for the improvements and activities specified below. The method • of establishing the assessment shall be as follows: Res 97 -50 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. The assessment for all other businesses within the District shall be 150 percent of the annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code. D. Only one assessment shall be levied per business address; therefore independent contractors and agents (such as hair stylists and nail technicians) who are not the business owner shall not be included in the District and shall be exempt from assessments. Section 5: Benefit assessments shall be levied on existing businesses on September 1, 1997 and collected in one annual installment. New businesses established after September 1, 1997 shall be exempt from the Fiscal Year 1997 -98 assessment. Section 6: 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 amount 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 is indebted to the City for any delinquent benefit assessment. Section 7: The improvements and activities to be funded by the benefit assessments shall include only the following: A. Physical improvements (e.g., lighting, landscaping, street furniture, signage) B. Maintenance (e.g., sidewalk steam cleaning, trash collection) C. Marketing and promotions D. Special events E. Representation of area business interests in governmental affairs • F. Administrative support Res 97 -50 • BE IT FURTHER RESOLVED, that an Advisory Board comprised of seven members shall be elected by members of the District. The Advisory Board shall direct District activities; shall make annual recommendations to the City Council regarding the expenditure of benefit assessments, classification of businesses, and the method and basis of levying assessments; and shall allocate specific expenditures within the overall budget framework established by the City Council. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on July 14, 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 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 shall 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 would pay fifty percent or more of the total assessments to be levied, no further proceedings to establish 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. • • • Res 97 -50 The City Clerk shall mail a complete copy of this Resolution of Intention by first class mail to each business operator of record in the District within seven days after its adoption. This resolution shall take effect immediately upon adoption. ADOPTED this 23rd ATTEST: date of June 1997. %1! G �� �/ iti, CITY CLERK Attachment Exhibit A: District boundary map MAP R 1] L STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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 -50, 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 23rd day of June, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Edwards, Glover, Noyes, and Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of June, 1997. (Seal) i r City Clerk of the City of Newport Beach, California