HomeMy WebLinkAbout2019-53 - Creating an Ad Hoc Committee on Business Improvement DistrictsRESOLUTION NO. 2019-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD
HOC COMMITTEE ON BUSINESS IMPROVEMENT
DISTRICTS
WHEREAS, a Business Improvement District is a program of a city under which
a city may levy an assessment against businesses or properties to fund services or
improvements that benefit such assessed businesses or properties;
WHEREAS, the City of Newport Beach ("City") established the Newport Beach
Restaurant Association Business Improvement District ("NBRA Bid") in 1995 by
Ordinance No. 95-55, pursuant to the Parking and Business Improvement Area Law of
1989, California States and Highways Codes, Section 36500 et seq., (1989 Law");
WHEREAS, the City established the Corona del Mar Business Improvement
District ("CdM Bid") in 1997 by Ordinance No. 97-24, also pursuant to the 1989 Law;
WHEREAS, at a City Council meeting on May 28, 2019, the City Council was
presented with a recommendation from staff to renew the levy assessments for both the
NBRA Bid and CdM Bid (collectively referred to herein as "BIDS") for the fiscal year of
July 1, 2019 to June 30, 2020, and to approve a commitment of $40,000.00 in City
funding support for each of the BIDS; however, the City Council continued the items to
the June 11, 2019 City Council Meeting to deliberate further; and
WHEREAS, the City Council desires to create an Ad Hoc Committee on
Business Improvement Districts, comprised of three (3) Council Members, to review and
determine whether the BIDS are aligned with the City Council's priorities, including the
City's funding support of same, and to make a recommendation to the entire City
Council in regards thereto.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby creates an Ad Hoc Committee on
Business Improvement Districts, comprised of three (3) Council Members appointed by
the Mayor and confirmed by the entire City Council. The limited purpose and
responsibility of the Ad Hoc Committee on Business Improvement Districts shall be to
review and determine whether the NBRA Bid and CdM Bid, including City's funding
support of same, are aligned with the City Council's priorities, and make a
recommendation to the entire City Council in regards thereto.
Section 2: The Ad Hoc Committee on Business Improvement Districts shall be
an advisory committee and shall expire upon making a recommendation to the entire
City Council or December 31, 2019, whichever occurs first.
Resolution 2019-53
Page 2 of 2
Section 3: The Ad Hoc Committee on Business Improvement Districts shall
not be subject to the Brown Act; however, the recommendation of the Ad Hoc
Committee on Business Improvement Districts shall be considered at a noticed and
public hearing by the entire City Council.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 6: The City Council finds the adoption of this resolution is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 11th day of June,
ATTES
C
_Y
Leilanf I. Brown
City Clerk
APPROVED AS TO FORM:
CIT ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
ayor
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-53 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 11th day of June, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 12th day of June, 2019.
f
Leilani I. Brown
City Clerk
Newport Beach, California