HomeMy WebLinkAbout2019-71 - Amending the Scope of the Ad Hoc Committee on Business Improvement Districts and Changing the Name of the Committee to the Ad Hoc Committee on Local Business AdvancementRESOLUTION NO. 2019-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
SCOPE OF THE AD HOC COMMITTEE ON BUSINESS
IMPROVEMENT DISTRICTS AND CHANGING THE NAME
OF THE COMMITTEE TO THE AD HOC COMMITTEE ON
LOCAL BUSINESS ADVANCEMENT
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, at a City Council meeting on June 11, 2019, the City Council created
an Ad Hoc Committee on Business Improvement Districts ("Committee"), 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;
WHEREAS, following the adoption of Resolution No. 2019-53, which established
the newly formed Committee, City staff received funding requests from two merchant
associations, the Balboa Village Merchant Association, Inc., and the Balboa Island
Marketing, Inc., which were presented at a City Council Meeting on June 25, 2019,
where the City Council agreed to reduce its funding support for such merchant
associations;
Resolution 2019-71
Page 2 of 3
WHEREAS, the City Council hereby desires to amend the scope of the Ad Hoc
Committee on Business Improvement Districts to review and determine whether the
funding support of merchant associations is aligned with the City Council's priorities and
if there should be a change in the City's support of the NBRA BID, CdM BID, merchant
associations or other businesses; and
WHEREAS, the City Council hereby desires to change the name of the
committee to the Ad Hoc Committee on Local Business Advancement to reflect the
revised purpose and responsibilities.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The name of the Ad Hoc Committee on Business Improvement
Districts created by Resolution 2019-53 ("BID Committee") shall be changed to the Ad
Hoc Committee on Local Business Advancement ("Committee"). All Council Members
previously appointed to the BID Committee shall remain members of the Committee.
Section 2: The limited purpose and responsibility of the Committee shall be to
review and determine whether the NBRA BID, CdM BID, and merchant associations,
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. If the
recommendation of the Committee is to change the City's funding support of the NBRA
BID, CdM BID, or merchant associations, the Committee shall also make a
recommendation as to whether the City should provide funding support to local
business groups in some other manner.
Section 2: The Committee shall be an advisory committee and shall expire
upon making recommendation(s) to the entire City Council or December 31, 2019,
whichever occurs first.
Section 3: The Committee shall not be subject to the Brown Act; however, the
recommendation (s) of the Committee shall be considered at a noticed and public
meeting by the entire City Council.
Resolution 2019-71
Page 3 of 3
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 23rd day of July, 2019
Diane B. Dixon
Mayor
ATTEST:
Wirt
W102
Leilani 1. Brown f
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aarbn C. Harp
City Attorney
U ,
0 RP
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. 2019-71, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23rd day of July, 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 241h day of July, 2019.
Leilani I. Brown
City Clerk
Newport Beach, California