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HomeMy WebLinkAbout99-14 - Balboa Village Business Improvement District AssessmentRESOLUTION NO. 99- 14 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR OF APRIL 1, 1999 TO MARCH 31, 2000. WHEREAS, the Balboa Village Business Improvement District was established in 1995 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 1999 -2000 fiscal year which is on file in the Office of the City Clerk; and WHEREAS, on March 8, 1999 the Balboa Village Business Improvement • District 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 approves and the renewal of the Balboa Village Business Improvement District for the 1999 -2000 fiscal year pursuant to the Act. Section 2: The City Council hereby declares the intention to levy assessments for the Business Improvement District for the fiscal year April 1, 1999 to March 31, 2000 pursuant to the Act. Such benefit assessment shall be as follows: 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. 2 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 2. Nail technicians 3. Real estate agents D. The assessment for all other businesses within the District shall be 100 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. Section 3: 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 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. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the District's fiscal year. Section 5: The improvements and activities to be funded by the benefit assessments shall include only the following: 1. Marketing and advertising 2. Physical improvements 3. Communications and Outreach Program . 4. Administration Resolution No. 99- Balboa Village Business Improvement District 3 Section 6: The location of the District will remain the same: generally • located on the Balboa Peninsula between A Street and Coronado Street, as set forth with BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on March 22, 1999 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 renewal 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 or benefit within the District, those types of improvements or activities or benefit zones shall be eliminated. Further information regarding the proposed Business Improvement District renewal and expansion may be obtained at the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, 92658. Telephone (949) 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. Resolution No. 99- Balboa Village Business Improvement District r 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 8th day of March 1999. NNE � MAYOR ATTEST: CITY CLERK ATTACHMENT: Exhibit A (Boundary Map) • C Resolution No. 99- Balboa Village Business Improvement District 0 • Balboa Village Business Improvement District rte- - - - -` _ ` • . •�., `� "I /6qC Pacific Ocean 1 - .. Park r Newport Bay 0 s e l l s Business Improvement District Boundary Exhibit A 9x Park p�b��c eeoc h • 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. 99 -14, 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 8th day of March, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 9th day of March, 1999. (Seal) • City Clerk of the City of Newport Beach, California