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HomeMy WebLinkAbout03 - Marine Avenue Business Improvement DistrictCITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC b DEVELOPMENT u S PLANNING DEPARTMENT °i 3300 NEWPORT BOULEVARD C��IFOPN`T NEWPORT BEACH, CA 92658 (949) 644 -3200: FAX (949) 644 -3250 SUBJECT: SUMMARY: ACTION: Overview Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL November 28, 2000 3 Daniel R. Trimble (949) 644 -3230 Marine Avenue Business Improvement District Renewal Correction to Ordinance and Resolution of Intent. The Staff Report and attached documents presented on November 14, 2000 listed the level of assessment incorrectly as 150 %. Adopt Revised Resolution of Intention to Levy; and 2. Introduce Revised Ordinance No. 2000 - to modify the Assessment District boundaries, to rename the Assessment District, and confirm Intention to Levy The staff report, ordinance, and resolution of intent approved by the City Council on November 14, 2000 incorrectly listed the level of assessment for businesses in the Marine Avenue Business Improvement District as 150% of the amount of their business license fee. The correct amount that should have been listed is 100% of the amount of their business license fee. Staff is submitting a revised Resolution of Intention to Levy and a revised Ordinance for City Council approval. If the City Council approves the revised documents at the November 28, 2000 meeting, the December 12, 2000 public hearing can still proceed with adequate notice as staff has already prepared all necessary public notice documents. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: DANIEL TRIMBLE Associate Planner Attachments: inance 2000 - Resolution of Intention to Levy 2000 -_ Exhibit A - Boundary Map F. 1UsersWLMSharedB lDsUfarineAvelCOUNCIL1200Irene vWACCRPT- Irev.doc Marine Avenue BID Renewal November 28, 2000 Page 1 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ANNUAL REPORT AND DECLARING ITS INTENTION TO LEVYING ASSESSMENTS FOR THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JANUARY 1, 2001 TO DECEMBER 31, 2001. 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, on November 14, 2000 the Marine Avenue Business Improvement District 2000 Annual Report was filed and approved by the City Council; 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; and WHEREAS, the Business Improvement District Advisory Board has recommended the boundaries for levying assessment be modified; and WHEREAS, the Business Improvement District Advisory Board has recommended the name of the District be changed to the "Balboa Island Business Improvement District" to reflect the inclusion of businesses within the new boundaries. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares the intention to levy assessments and orders the collection of a benefit assessment upon persons conducting business in the Business Improvement District for the fiscal year 2001 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, or $25 if a second floor business, as established pursuant to Chapter 5.08 of the Municipal Code. Section 2: The benefit assessments shall be collected by the City, or an assigned vendor, in one annual installment. Collections for new businesses in the District will be on the day of the issuance of a business license by the City and shall be pro -rated according to the number of full months remaining in the District's fiscal year. Resolution No. 2000 - Marine Avenue Business Improvement District 3 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 7. An owner of more than one business within the District shall only be required to pay the larger assessment amount, 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, which are to take place on, or in any public places in the area. 4. Decoration of any public place in the 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 12, 2000 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 Resolution No. 2000 - Marine Avenue Business Improvement District 4 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. 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 (949) 644 -3230. 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 day of 2000. Resolution No. 2000 - Marine Avenue Business Improvement District MAYOR ATTEST: CITY CLERK ATTACHMENT: Exhibit A - Boundary Map F:I Users IPLNLShareMIDsWarineAveICOUNC IL11001 mnewlMARESOINTmv.doc Resolution No. 2000 - Marine Avenue Business Improvement District ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MODIFYING THE BOUNDARIES FOR LEVYING ASSESSMENTS FOR THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2001 AND CHANGING THE DISTRICTS NAME TO "BALBOA ISLAND BUSINESS IMPROVEMENT DISTRICT" WHEREAS, on January 1, 1996 the Marine Avenue Business Improvement District was established, which provided for the imposition of a benefit assessment upon businesses within the District; and WHEREAS, upon recommendation of the Advisory Board the City Council desires to modify the boundaries of the Assessment District; and WHEREAS, upon recommendation of the Advisory Board the City Council desires to change the name of the Assessment District to "Balboa Island Business Improvement District'. NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Intent and Purpose. On October 19, 1995 the City Council of the City of Newport Beach adopted Ordinance No. 95 -50 establishing the Marine Avenue Business Improvement District. On November 14, 2000, the City Council adopted Resolution No. 2000- declaring its intention to levy a benefit assessment on businesses within the District, the proceeds of which shall be used for the public purposes therein described, pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) Ordinance No. 2000 - Marine Avenue Business Improvement District Page 1 of Division 18 of the Califolmia Streets and Highways Code (the "Act'). On December 12, 2000, the City Council held a public meeting in the City of Newport Beach Council Chambers which was duly noticed pursuant to the Act, and introduced this Ordinance. On December 12, 2000 the City Council held public hearings in the City of Newport Beach Council Chambers to receive protests and comments from any persons and affected business owners. At the conclusion of the public hearing the City Council determined that oral and written protests from businesses in the District area that would pay 50 percent or more of the proposed assessment had not been received; and based on all evidence presented that the businesses within the District will be benefited by the expenditure of the funds raised by the assessments levied. In its Annual Report submitted at the November 14, 2000 public meeting and at the December 12, 2000 public hearing the Advisory Board recommended that the City Council expand the boundaries for levying of assessment be modified as described in Section 2 below, and that the name of the District be changed as described in Section 3 below. SECTION 2. District Area Boundaries. The District boundaries established in Ordinance 95 -50 shall remain in place. The boundaries of the benefit zone will be expanded to include the 100 block of Agate Avenue and certain businesses contiguous to Agate Avenue on South Bay Front and Park Avenue as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. Ordinance No. 2000 - Marine Avenue Business Improvement District Page 2 SECTION 3. Name Change. The name of the District shall be changed from "Marine Avenue Business Improvement District" to "Balboa Island Business Improvement District ". SECTION 4. Benefit Assessment. The City Council hereby levies and imposes and orders 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 businesses not included under Sections 4.A through C that do not occupy street -level space shall $25 per year. E. 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. F. An owner of more than one business within the District shall only be required to pay the assessment for the business with the highest assessment amount, and shall be exempt from assessments on additional businesses within the District. Ordinance No. 2000 - Marine Avenue Business Improvement District Page 3 SECTION 5: Collection of Benefit Assessment. The benefit assessments shall be collected by the City, or an assigned vendor, in one annual installment. Assessments will be levied on the date the annual District renewal becomes effective, and 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. Penalty for Delinquent Payment. The penalty for delinquent payments shall be equal to that established for delinquent business license taxes pursuant to Chapter 5.08 of the Municipal Code, providing that the penalty amount to be added 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, at the time of makingapplication for license or renewal thereto, is indebted to the City for any delinquent benefit assessment. SECTION 7. Changes in Assessments. Any businesses covered by this Ordinance shall also be subject to changes which may be made in the assessments or in the uses to which the revenues shall be put, as specified in this Ordinance and as permitted by the Act; such changes shall be made by later ordinance adopted after hearing before the City Council, or by Resolution, if approved in conjunction with confirmation of an Annual Report. SECTION 8. Improvements and Activities. The benefit assessments collected pursuant to this Ordinance shall be used only for the following purposes: 1. Marketing, advertising and public relations. 2. Brochure development and distribution. 3. Promotion of public events which are to take place on or in any public places in the area. Ordinance No. 2000 - Marine Avenue Business Improvement District Page 4 4. Decoration of any public place in the area. 5. Public area improvements and maintenance activities. 6. The general promotion of retail trade activities. The City Council of Newport Beach shall have sole discretion as to how the revenue derived from the benefit assessments is to be used within the scope of the above purposes; provided, however, it shall consider recommendations as to the use of said revenue made by the Advisory Board referenced in Section 9 of this Ordinance. The revenues from the levy of assessments shall not be used to provide improvements or activities for the direct benefit of properties outside of the District or for any other purpose not specified in this section or in any subsequent Ordinance or Resolution. SECTION 9. Advisory Board. (a) Appointment. The City Council by Resolution 95 -109 appointed an Advisory Board which shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant to this Ordinance, on the classification of businesses, as appropriate, and on the basis and method of levying the assessments. (b) Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The report shall be filed with the City Clerk and shall comply with all the requirements of Streets and Highways Code Section 36533. (c) Approval of Report. The City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and approve it as modified. The City Council shall not approve a change in the basis or method of Ordinance No. 2000 - Marine Avenue Business Improvement District Page 5 levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments. SECTION 10. Confirmation of the Intention to Levy Assessment. The City Council confirms the Resolution of Intent to Levy adopted November 14, 2000. SECTION 11. This ordinance shall take effect 30 days after passage. PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular meeting thereof held on the day of 2000. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS u: •;