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HomeMy WebLinkAbout07 - Corona del Mar BIDCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning Department Kathlyn Bowden, AICP; Economic Development Coordinator kbowden @city. newport- beach. ca. us SUBJECT: Corona del Mar Business Improvement District Renewal: 2009 -2010 Annual Report and Adoption of Resolution of Intention to Levy for Fiscal Year 2009 -2010. ISSUE: Should the City Council renew the Corona del Mar Business Improvement District for its 14th year of operation, for the BID's fiscal year of July 'It, 2009 to June 30th, 2010? RECOMMENDATION: 1. Approve the Corona del Mar Business Improvement District Fiscal Year 2009 -2010 Annual Report. 2. Confirm the Corona del Mar Business Improvement District 2009 Advisory Board, as elected by the BID membership, as follows: • Bernie Svalstad, Chairman Newport Factoring • Tom Nicholson, Vice - Chairman Nicholson Companies • Mark Schulein, Secretary Crown Ace Hardware • Jim Walker, Treasurer The Bungalow • Beverly "BJ" Johnson Prudential California Realty • Ali Zadeh The Port Restaurant & Lounge 3. Adopt the Resolution of Intention to Levy Assessments and set the public hearing for June 23, 2009. CdM BID 2009 -2010 Annual Report & Resolution of Intention to Levy June 9, 2009 Page 2 DISCUSSION: Background The Corona del Mar Business Improvement District (BID) is nearing the end of its thirteenth year of operation and requests renewal of the District for the fiscal year July 1, 2009 to June 30, 2010. This report summarizes the District's accomplishments during Fiscal Year 2008 -2009, and the proposed activities and budget for the coming year. The BID's Board of Directors, which serves as the District Advisory Board, requests City Council approval of the annual report and scheduling of the public hearing for June 23, 2009. The District includes the area generally located on East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A. California law requires that an annual report be prepared and a public hearing be held each year prior to renewal of the District. A summary of accomplishments during 2008- 2009 and proposed activities for 2009 — 2010 are provided below. Thirteenth Year District Accomplishments The Corona del Mar BID sponsored the following promotions and activities during the past year: • Committed the final $40,000 of matching funds from the City to offset the cost of the medians constructed three years ago. • Worked with the City in funding the installation of a signal at Iris Street. • Continued progress on various items called for in the CdM Vision Plan. Designs for sidewalk treatments throughout the Village have been presented to the Advisory Board, and additional plans for street lighting and furniture are in progress. Specific designs are being planned for the intersection of Marguerite and Coast Highway in conformance with the Vision Plan. • Secured additional king palms for planting in landscaped medians along the East Coast Highway. • Contracted with Rogers Gardens to redevelop the medians at Marguerite and Coast Highway in a more maintenance efficient, California - friendly plant palette. • Maintained the health of the 200 Palms and Hong Kong Orchids along the Coast Highway right -of -way. The BID also paid to maintain the planters and irrigation systems. • Supported the Corona del Mar Chamber of Commerce with the Annual Christmas Walk. 2 CdM BID 2009 -2010 Annual Report & Resolution of Intention to Levy June 9, 2009 Page 3 • Installed Holiday Season Decorations in the medians at Marguerite and Coast Highway, and on the streetlights and entrance signs throughout the Village. • Contracted with the Chamber to maintain and update the Corona del Mar BID website (www.cdmvillacie.com), to educate the public about the CdM Vision Plan and distribute information on the administration and current events of the BID. • Advertised in the 2009 Corona del Mar Directory distributed by the Chamber. • Secured insurance coverage for the advisory board. Fiscal Year District Revenues During the 2008 -2009 fiscal year the District collected approximately $111,000 in assessments from members, with an additional $25,000 in accounts receivable to be collected by the end of the fiscal year. Its account balance as of the beginning of the year was $70,390. The BID received $49,500 in matching funds from the City. The BID has spent approximately $27,325 for approved activities, and anticipates spending an additional $20,000 by fiscal year end. The District's current account balance is approximately $104,610 at the end of the first eleven months of the fiscal year. It is anticipated the balance will be approximately $83,400 or less at the fiscal year end, June 30, 2009. Revenue from members in the 2009 -2010 period is projected to be $111,000, with City matching revenues projected to be $49,500. In addition, the City allocated $100,000 in funds for improvements to the street lights in Fiscal Year 2008 -2009. Those funds were not spent in that fiscal year and will be carried forward to the 2009 -2010 year. Proposed Improvements Activities and Budget The FY2009 -2010 Priorities and Budget Outline, including specific goals for each category, is submitted by the BID Advisory Board as part of the attached Annual Report. The highest priorities for the upcoming fiscal year are: 1. Marketing, advertising, and promotion of Corona del Mar; 2. Physical Improvements within Corona del Mar; 3. Corona del Mar BID Member and Community Outreach; 4. Corona del Mar BID CdM Vision Plan and associated administration; and 5. Administrative costs such as mailing and insurance. The estimated cost of providing the proposed improvements and activities to be undertaken by the BID in the FY 08 -09 period is approximately $336,720. The implementation of these actions is more fully described in the attached CdM BID Priorities and Budget Outline for the Fiscal Year 2009 -2010. 9j CdM BID 2009 -2010 Annual Report & Resolution of Intention to Levy June 9, 2009 Page 4 The Advisory Board of the Corona del Mar Business Improvement District does not expect to raise funds in addition to the assessments levied for the upcoming year. It is anticipated that matching funds will be approved by the City Council for the Fiscal Year 2009 -2010 in an approximate amount of $49,500. The attached Annual Report further describes the budget and activities for the upcoming year, and has been filed with the City Clerk's office as required by California law. BID Advisory Board Staff has been preparing written procedures and updated by -laws for the BIDS during the past year, working with the Office of the City Attorney. Through this process, it has come to our attention that the election of BID Advisory Board members should be confirmed by the City Council. As the Corona del Mar BID has recently concluded annual elections, confirmation of the board members is recommended to the City Council concurrent with annual renewal of the BID. The BID's recent election filled only 3 of the 4 vacancies on the Board. The BID's by- laws state, "Vacancies on the Board may be filled for the remainder of the two -year term by any eligible BID member upon majority vote of the Board." Council should confirm the 2009 Corona del Mar BID Advisory Board and allow the Board to fill the remaining vacant position by majority vote. Council will be given the opportunity to confirm the filled vacancy at a later date. FUNDING AVAILABILITY: Business Improvement District matching funds are included in City Budget Account No. 2720 -8250. Prepared by: Submitted by: U THLYN BO N conomic Development Coordinator With Assistance from: CLINTON SCOTT PALMER B.I.D. Systems, Inc., BID Administration ARON Z. WOOD Assistant City Manager Attachments: Exhibit A — BID Boundary Map Exhibit B — FY 09 -10 Annual Report and FY 09 -10 Priorities & Budget Exhibit C — Resolution of Intention to Levy 2009 - L EXHIBIT B CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2009 -2010 ANNUAL REPORT This is the annual report for the thirteenth year of the Corona del Mar Business Improvement District, as required by Section 36533 of the California Streets and Highways Code. This report covers the District's accomplishments for the previous fiscal year (July 1, 2008 to June 30, 2009) and the proposed activities and budget for the 2009 — 2010 fiscal year. 2008 — 2009 Accomplishments Among the Marine Avenue Business Improvement District accomplishments during 2008 — 2009 are the following: 1. Committed the final $40,000 of matching funds from the City to offset the cost of the medians constructed three years ago. 2. Worked with the City in funding the installation of a signal at Iris Street. 3. Continues progress on various items called for in the CdM Vision Plan. Designs for sidewalk treatments throughout the Village have been presented to the Advisory Board, and additional plans for street lighting and furniture are in progress. Specific designs are being planned for the intersection of Marguerite and Coast Highway in conformance with the Vision Plan. 4. Secured additional king palms for planting in landscaped medians along the East Coast Highway. 5. Contracted with Roger's Gardens to redevelop the medians at Marguerite and Coast Highway in a more maintenance efficient, California--friendly plant palette. 6. Maintained the health of the 200 Palms and Hong Kong Orchids along the Coast Highway right -of -way. The BID also paid to maintain the planters and irrigation systems. 7. Supported the Corona del Mar Chamber of Commerce with the Annual Christmas Walk. 8. Installed Holiday Season decorations in the medians at Marguerite and Coast Highway, and on the streetlights and entrance signs throughout the Village. 9. Contracted with the Chamber to maintain and update the Corona del Mar BID website (www.cdmvillage.com), to educate the public about the CdM Vision Plan and distribute information on the administration and current events of the BID. 10.Advertised in the 2009 Corona del Mar Directory distributed by the Chamber 11. Secured insurance coverage for the BID advisory board. Basis for Levvina Assessments Banks and financial institutions that are exempt from City business license regulations shall be assessed $500 per year. Insurance agencies that are exempt from City business license regulations shall be assessed $250 per year. The assessment for all other businesses within the District shall be 150 percent of the annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code. 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 Fiscal Year District Revenues During 2008 — 2009, the District collected approximately $111,900 in member assessments, with an additional $25,000 in accounts receivable to be collected by the end of the fiscal year. Its account balance at the beginning of the year was $70,390. The BID received $40,560 in funds from the City. The BID has spent approximately $127,325 for approved activities, and anticipates spending an additional $20,000 by fiscal year end. The District's current account balance is approximately $104,610 at the end of the first eleven months of the fiscal year. It is anticipated the balance will be approximately $83,400 or less at the fiscal year end, June 30, 2009. Revenue from members in the 2009 — 2010 period is projected to be $111,000, with City Matching revenues projected to be $49,500. In addition, the City allocated •$100,000 in funds for improvements to the street lights in Fiscal Year 2008 -2009. Those funds were not spent in that fiscal year and will be carried forward to the 2009 -2010 year. The Priorities and Budget include those "committed" funds as part of its planning for the new fiscal year 2009 -2010. Renewal of District The boundaries of the benefit zone will remain the same as fiscal year 2008 - 2009 as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. Proposed Improvements. Activities and Budget The Corona del Mar Advisory Board submits the 2009 -2010 Priorities and Budget Outline as part of the Annual Report, including specific goals for each category. The highest priorities for the upcoming fiscal year are: 1. Marketing, advertising and promotion of Corona del Mar. 2. Physical improvements within Corona del Mar. 3. Corona del Mar BID Member and Community Outreach. 4. Implementation of the Corona del Mar BID CdM Vision Plan. The estimated cost of providing the proposed improvements and activities in this report is approximately $336,220.00. The implementation of these actions is more fully described in the attached Priorities and Budget Outline for the 2009- 2010 Fiscal Year. The advisory group of the Corona del Mar BID may raise additional funds through various events and fundraisers in addition to the assessments levied. At this time they do not anticipate additional funds for the 2009 -2010 budget. The Board of Directors of the Corona del Mar BID for the 2009 year consists of the following individuals: 1. Bernie Svalstad, Chairman Newport Factoring 2. Tom Nicholson, Vice - Chairman Nicholson Companies 3. Mark Schulein, Secretary/Treasurer Crown Ace Hardware 4. Beverly "BY Johnson Prudential California Realty 5. Jim Walker The Bungalow 6. Ali Zadeh The Port Restaurant & Lounge 7. To be filled by majority vote of the BID Board and confilTned by City Council at a later date. The merchants of Corona del Mar have worked hard to promote and improve their village and wish to express their appreciation for the City Council's continued support of the Corona del Mar Business Improvement District. 3 Corona del Mar Business Improvement District Priorities and Budget Outline July 1, 2009 —June 30, 2010 Funds Available Fiscal End 2008 - 2009 $ 83,400 Funds to be Collected July 2009 $ 111,000 Anticipated Matching Funds from City $ 49,500 "Committed" Funds from City not spent during FY 08 -09 $ 100,000 Total Available Funds $ 343,900 Priorities Amount Marketing $ 40,100 Physical Improvements/ Maintenance $ 11,820 Member and Community Outreach $ 41,000 Vision Plan Implementation $239,400 Administration Expense $ 4,400 Total Expenditures $ 336,720 4 Exhibit "C° RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JULY 1, 2009 TO JUNE 30, 2010. WHEREAS, the Corona del Mar 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 Annual Report for the 2009 -2010 fiscal year which is on file in the Office of the City Clerk; and WHEREAS, on June 9, 2009, the Corona del Mar 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 declares its intention to renew the Corona del Mar Business Improvement District for the 2009 -2010 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 July 1, 2009 to June 30, 2010 pursuant to the Act. Such benefit assessment shall be as Resolution No. 09- Corona del Mar Business Improvement District follows: 2 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 150 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 Resolution No. 09 -_ Corona del Mar Business Improvement District 3 3. Maintenance Programs 4. Administration Section 6: The location of the District will remain the same: Generally located on East Coast Highway from Hazel Drive to Avocado Avenue as set forth with greater specificity in the map attached as Exhibit A. BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach shall conduct a public hearing on June 23, 2009 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; (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 Resolution No. 09- Corona del Mar Business Improvement District a M 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 day of MAYOR ATTEST: CITY CLERK ATTACHMENT: Exhibit A (Boundary Map) 2009. Resolution No. 09- Corona del Mar Business Improvement District ti- H-01f Exhibit "C" REVISED RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO LEVY ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR OF JULY 1, 2009 TO JUNE 30, 2010, AND FIX THE TIME AND PLACE OF A PUBLIC HEARING. WHEREAS, the Corona del Mar 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 Annual Report for the 2009 -2010 fiscal year 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 filed by the Advisory Board is hereby approved. The Annual Report contains a description of improvements and activities to be provided for 2009 -2010, the area boundaries, and the annual assessment within the District. Section 2: The City Council hereby declares the intention to levy assessments for the Business Improvement District for the fiscal year July 1, 2009 to June 30, 2010 pursuant to the Act. Kcsoluaon No U9. Corona dcl Mu Busmcss improscmcnl 0 slit 2. Brochure development and distribution; 3. Promotion of public events that 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 June 23, 2009 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; (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. Resolution No 09. Corona del Mar Husmess Improscmcnt 1)"1110 AuThutird to Puhlah Adserbvemrnly tai all kinds including public Waxers by lhcrce art the Sulxndw ('curt u1 Change ('tunny. ('aldruil Numhcr Ali214. Scptcrnher 21) 1961. and A 24NI1 June 11. 1963, PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: June 13, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 16, 2009 at Costa Mesa, California. RESOLUTION NO. 2009-33 A 1ESOl01E0N OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS RRBIIION TO ISYY ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IM- PROYEABIIT DI RICT FOR THE FISSAE YEAR OF JULY I, 1009 TO JUNE 30, 2010, AM Fu N TIME AND PFACS DF A PUBLIC HEAaIFe. WHEREAS, the Corona del Mar 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 el set. thereinafter the 'Act'). which reWnes an annual report to be Ided and approved by the Ply Council for each fiscal year and WMERFAS, the Advisory Board has prepared an Annual Report for the 2009.2010 fiscal year which is on file in the Office of the City Clerk, and WNFNUS, the Act requires the City Council to declare its intention to levy and collect assessments within the Business Improvement Distract for the next fiscal year NOW, THIREFORF, the City Council of the City of Newport Beach resolves as lollows Section It The Annual Report filed by the Advisory Board is hereby approved. The Annual Report contains a dascrlphon of improvements and activities to be provided for 2009-2010. the area boundaries, and the annual assessment within the District SeAlen 2: The City Council hereby declares the intention to levy assessments for the Business Improvement District for Bur fiscal year July 1. 2009 to June 30. 2010 pursuant to the Act. Section l: The boundaries of the benefit lone are generally touted on East Coast Highway from Hazel Drive to Avocado Avenue. as set forth with greater specificity in the map attached as Exhibit A and incorporated here At The City Council intends 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 5500 for the shortened period R. Insurance agencies that we exempt from City business license regulations shall be assessed $250 or the shortened period. C. Persons operating one of the following types of businesses as an independent contractor in an estilblisnment owned by another person shall be exempt from this assessment I Nair Stylists 2. Nail technicians 3. Real estate agents D. The assessment for all other busmesses. within the District snail be 150 percent of ine annual business license tax as established pursuant to Chapter 5 08 of the Municipal Code. Section S: The benefit assessments shall be collected by the City in one 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 prorated according to the number of full months remaining in the Orstrici'n fiscal year Scalar 6. The penalty for dehnquent payments shall be twenty five percent per tho lh, providing that Me penally To be added shall in no event exceed one hundred percent of the assessment amount due Sacflon 7: The improvements and activities to be funded by the benefit assessments shall include only the following 1 Marketing, adver using and public relations; 2 Brochure development and distribution. 3 Promotion of public events that are to take place on of in any public pieces 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 are anng on June 23. 2009 at 2 00 p m., or as soon (hereafter as tAU mat ar may be heard. in the Council Chambers located at 3300 Newport Boulevard, Newport Beach. California at which time the Council will hear an interested persons lot 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 sally or in writing, but if written shall be filed with the City Clerk at or before the time fixed lot TM hearing and contain sufficient documentation to verily business ownership and validate the particular protest. It written protests are received by the owners of businesses within fie District which fay fully percent or more of the total assessments to be levied. no fay proceedings to renew the Dust lit shall be taken for a period of one year from the date of the finding of a mapntY protest by the City Council If the majority protest Is only against the furnishing of a specific type of types of improvements of activity or benefit within the District, those Types of improvements or activities or benefit zones shall be tharmafed F urine, information regarding the Proposed Business Improvement District renewal and expansion may be obtained at the Newport Beach City Mall, 3300 Newport Boulevard. Newport Beach, California. 92658. (949) 644.3225 The City Clark shall cause this resolution of intention to be published once of a newspaper it general circulation in the City at least seven days before the public hearing This resolution shall take effect monedutely upon adoption Passed and adopted by the City ouncil of the City el Newport Beach at a regular meeting held on The 9th day of June 2009. S; MAYOR ATTEST /S/ CITY CLERK E xhibn A Boundary Map (Available for viewing in the City Clerk's Office) Published Newport Beach /Costa Mesa Dail Pilo, June 13.1(109 Sa852 o Signatur 0 in ds W Qi W P 3� 3LL���r �1V W � e— RESOLUTION NO. 2009-33 A 1ESOl01E0N OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS RRBIIION TO ISYY ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IM- PROYEABIIT DI RICT FOR THE FISSAE YEAR OF JULY I, 1009 TO JUNE 30, 2010, AM Fu N TIME AND PFACS DF A PUBLIC HEAaIFe. WHEREAS, the Corona del Mar 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 el set. thereinafter the 'Act'). which reWnes an annual report to be Ided and approved by the Ply Council for each fiscal year and WMERFAS, the Advisory Board has prepared an Annual Report for the 2009.2010 fiscal year which is on file in the Office of the City Clerk, and WNFNUS, the Act requires the City Council to declare its intention to levy and collect assessments within the Business Improvement Distract for the next fiscal year NOW, THIREFORF, the City Council of the City of Newport Beach resolves as lollows Section It The Annual Report filed by the Advisory Board is hereby approved. The Annual Report contains a dascrlphon of improvements and activities to be provided for 2009-2010. the area boundaries, and the annual assessment within the District SeAlen 2: The City Council hereby declares the intention to levy assessments for the Business Improvement District for Bur fiscal year July 1. 2009 to June 30. 2010 pursuant to the Act. Section l: The boundaries of the benefit lone are generally touted on East Coast Highway from Hazel Drive to Avocado Avenue. as set forth with greater specificity in the map attached as Exhibit A and incorporated here At The City Council intends 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 5500 for the shortened period R. Insurance agencies that we exempt from City business license regulations shall be assessed $250 or the shortened period. C. Persons operating one of the following types of businesses as an independent contractor in an estilblisnment owned by another person shall be exempt from this assessment I Nair Stylists 2. Nail technicians 3. Real estate agents D. The assessment for all other busmesses. within the District snail be 150 percent of ine annual business license tax as established pursuant to Chapter 5 08 of the Municipal Code. Section S: The benefit assessments shall be collected by the City in one 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 prorated according to the number of full months remaining in the Orstrici'n fiscal year Scalar 6. The penalty for dehnquent payments shall be twenty five percent per tho lh, providing that Me penally To be added shall in no event exceed one hundred percent of the assessment amount due Sacflon 7: The improvements and activities to be funded by the benefit assessments shall include only the following 1 Marketing, adver using and public relations; 2 Brochure development and distribution. 3 Promotion of public events that are to take place on of in any public pieces 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 are anng on June 23. 2009 at 2 00 p m., or as soon (hereafter as tAU mat ar may be heard. in the Council Chambers located at 3300 Newport Boulevard, Newport Beach. California at which time the Council will hear an interested persons lot 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 sally or in writing, but if written shall be filed with the City Clerk at or before the time fixed lot TM hearing and contain sufficient documentation to verily business ownership and validate the particular protest. It written protests are received by the owners of businesses within fie District which fay fully percent or more of the total assessments to be levied. no fay proceedings to renew the Dust lit shall be taken for a period of one year from the date of the finding of a mapntY protest by the City Council If the majority protest Is only against the furnishing of a specific type of types of improvements of activity or benefit within the District, those Types of improvements or activities or benefit zones shall be tharmafed F urine, information regarding the Proposed Business Improvement District renewal and expansion may be obtained at the Newport Beach City Mall, 3300 Newport Boulevard. Newport Beach, California. 92658. (949) 644.3225 The City Clark shall cause this resolution of intention to be published once of a newspaper it general circulation in the City at least seven days before the public hearing This resolution shall take effect monedutely upon adoption Passed and adopted by the City ouncil of the City el Newport Beach at a regular meeting held on The 9th day of June 2009. S; MAYOR ATTEST /S/ CITY CLERK E xhibn A Boundary Map (Available for viewing in the City Clerk's Office) Published Newport Beach /Costa Mesa Dail Pilo, June 13.1(109 Sa852