HomeMy WebLinkAbout2013-38 - Declare Intention to Disestablish the Marine Avenue Business Improvement District and Hold Public HearingRESOLUTION NO. 2013 -38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENTION TO
DISESTABLISH THE MARINE AVENUE BUSINESS
IMPROVEMENT DISTRICT AND TO HOLD A PUBLIC
HEARING
WHEREAS, the Parking and Business Improvement Area Law of 1989
(California Streets and Highways Code Sections 36500 at seq.) ( "Act") authorizes cities
to establish parking and business improvement areas for the purpose of imposing
assessments on businesses for certain activities;
WHEREAS, on October 19, 1995, the City Council of the City of Newport Beach
( "City ") adopted Ordinance No. 95 -50 establishing the Marine Avenue Business
Improvement District ( "BID ");
WHEREAS, the assessments collected on behalf of the BID by the City has
enabled the BID to provide promotion, marketing and advertising opportunities along
with general public area improvements and maintenance programs within the BID;
WHEREAS, the Act requires that each year, the activities, boundaries, and
assessments of the BID be reviewed by the BID's Advisory Board for purposes of
making recommendations to the City Council;
WHEREAS, on January 17, 2013, the BID's Advisory Board voted to recommend
that the City Council disestablish the BID in order to allow the businesses within the BID
to form an independent merchant association; and
WHEREAS, pursuant to California Streets and Highways Code Section 36550,
the City is required to adopt this resolution of intention to disestablish the BID prior to
holding a public hearing and the adoption of an ordinance formally disestablishing the
BID.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution.
Section 2: The City Council declares its intention to disestablish the BID.
Section 3: In accordance with the California Streets and Highways Code
Section 36550(b), should the BID be disestablished, any assets acquired with the
revenues from the assessments levied within the BID shall be sold or donated to a non-
profit corporation. Pursuant to California Streets and Highways Code Section 36551(a)
any remaining revenues derived from the levy of assessments or the sale of assets, if
any, shall be refunded to businesses within the BID that have paid their annual
assessment by applying the same method and basis that was used to calculate the
most recent assessment levied on businesses within the BID.
Section 4: Pursuant to California Streets and Highways Code Section
36550(b), on Tuesday, May 14, 2013 at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chambers located at 100 Civic Center Drive, Newport
Beach, California, a public hearing shall be held by the City Council on the
disestablishment of the BID.
Section 5: The City Clerk is directed to give notice of the public hearing on the
disestablishment of the BID in accordance with California Streets and Highways Code
Section 36523. Notice of the public hearing shall be given by publishing this resolution
of intention in a newspaper of general circulation in the City once, for at least seven (7)
days before the public hearing. Notice of the public hearing shall be given by mailing a
complete copy of this resolution of intention by first -class mail to each business owner
assessed within the BID, within seven (7) days following the City Council's adoption of
this resolution of intention.
Section 6: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of April, 2013.
ATTEST:
Eeilanfl. Brown,
City Clerks
441�
Keith D. Curry, Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
1, Leiiani 1. 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; that the foregoing resolution, being Resolution
No. 2013 -38 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 23`d day of April, 2013, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of April, 2013.
4'ki - 7t�VW
City Clerk
Newport Beach, California
(Seal)