HomeMy WebLinkAbout2002-21 - Balboa Village Business Improvement DistrictRESOLUTION NO. 2002- 21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE
BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR THE
FISCAL YEAR OF APRIL 1, 2002 TO MARCH 31, 2003.
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
2001 -2002 fiscal year which is on file in the Office of the City Clerk; and
WHEREAS, on March 12, 2002 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 the Annual Report of the
Balboa Village Business Improvement District for the 2002 -2003 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, 2002 to
March 31, 2003 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.
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:
Marketing and advertising
2. Physical improvements
3. Communications and Outreach Program
4. Administration
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
greater specificity in the map attached as Exhibit A.
BE PP FURTHER RESOLVED, that the City Council of the City of
Newport Beach shall conduct a public hearing on March 26, 2002 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 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 famishing 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.
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 12th day of March 2002.
i
ATTACHMENT: Exhibit A (Boundary Map)
U
MAYOR
Balboa Village
Business Improvement District
y�
� X05
Newport Bay
pA CFSK /�G `
Pacific Ocean
Balboa Pier ? - \\ �� �e</C e�
0 100 200 300 Feet / Balboa Business Improvement
MMMM� / % District Boundary
Exhibit A
V
We
S
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. 2002 -21 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
12th day of March, 2002, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of March, 2002.
(Seal)
City Clerk
Newport Beach, California