HomeMy WebLinkAbout2001-91 - Marine Avenue BIDRESOLUTION NO. 2001- 91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO RENEW THE MARINE
AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR
OF JANUARY 1, 2002 TO DECEMBER 31, 2002, AND FIX THE TIME AND
PLACE OF A PUBLIC HEARING.
WHEREAS, the Marine Avenue Business Improvement District was established in 1996
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 Amival Report for Fiscal and Calendar
Year 2001 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;
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1. The Annual Report of Fiscal Year 2001 BID activities filed by the
Advisory Board is hereby approved. The Annual Report contains a description of
improvements and activities to be provided for 2002, the area boundaries, and the annual
assessment within the District.
Section 2. The City Council hereby declares its intention to renew the Business
Improvement District for the fiscal year January 1, 2002 to December 31, 2002 pursuant
to the Act.
Section 3. 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 4. The City Council hereby declares its intention to levy and impose and
order the collection of a benefit assessment upon persons conducting business in the
District. 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.
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 (100 %) of the annual business license fee as established pursuant to Chapter 5.08
of the Municipal Code of the City of Newport Beach, California.
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. The assessment for new businesses shall be pro -rated
according to the number of full months remaining in the District's fiscal year.
Section 6. 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 7. An owner of more than one business within the District shall only be
required to pay the assessment for the largest business, and shall be exempt from
assessments on additional businesses within the District.
Section 8. 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 that are to take place on or in any public
places in the subject area;
4. Decoration of any public place in the subject area;
5. Public area improvements and maintenance activities.
6. The general promotion of retail trade activities.
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
shall conduct a public hearing on December 11, 2001 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 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 that 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
13th day of November 2001.
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ATTACHMENT: Exhibit A - Boundary Map
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARIiLESS, 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. 2001.91 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 November, 2001, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Ridgeway, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of November, 2001.
(Seal)
City Clerk
Newport Beach, California