HomeMy WebLinkAbout2013-13 - Repealing Ordinance No. 95-4 and Ordinance No. 98-4 and Disestablishing the Central Balboa Business Improvement District aka the Balboa Village Business Improvement DistrictORDINANCE NO. 2013-13
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
REPEALING ORDINANCE NO. 95-4 AND
ORDINANCE NO. 98-4 AND DISESTABLISHING
THE CENTRAL BALBOA BUSINESS
IMPROVEMENT DISTRICT, A.K.A. THE BALBOA
VILLAGE BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Parking and Business Improvement Area Law of 1989
(California Streets and Highways Code Sections 36500 et seq.) ("Act") authorizes cities
to establish parking and business improvement areas for the purpose of imposing
assessments on businesses for certain activities;
WHEREAS, on February 27, 1995, the City Council of the City of Newport Beach
("City") adopted Ordinance No. 95-4 establishing the Central Balboa Business
Improvement District, a.k.a. the Balboa Village Business Improvement District ("BID");
WHEREAS, on March 23, 1998, the City Council of the City adopted Ordinance
No. 98-4 that modified the basis for levying assessments in the BID;
WHEREAS, on November 13, 2012, 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 a merchant association independent of the City;
WHEREAS, on April 23, 2013, the City Council of the City adopted Resolution
No. 2013-37 ("Resolution") declaring its intention to disestablish the BID and set a
public hearing for 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, pursuant to California Streets and Highways Code Section 36550;
WHEREAS, in accordance with California Streets and Highways Code Section
36523(a), the City Clerk caused a complete copy of the Resolution to be published in a
newspaper of general circulation in the City;
WHEREAS, in accordance with California Streets and Highways Code Section
36523(b), the City Clerk caused a complete copy of the Resolution to be mailed by first-
class mail to each business owner assessed within the BID, within seven (7) days
following the adoption of the Resolution; and
WHEREAS, on May 14, 2013, a public hearing was held in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach, California, where
evidence, both written and oral, was presented to, and considered by, the City Council
during this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Ordinance No. 95-4 and Ordinance No. 98-4 are hereby repealed in
their entirety. In addition, the City Council repeals all ordinances and resolutions, or
portions thereof, which relate to the BID.
Section 2: Pursuant to California Streets and Highways Code Section 36550,
the City Council hereby disestablishes the Central Balboa Business Improvement
District, a.k.a. the Balboa Village Business Improvement District.
Section 3: In accordance with California Streets and Highways Code Section
36551, upon the effective date of this ordinance, any remaining revenues derived from
the levy of assessments, if any, or any revenues derived from the sale of assets
acquired with the revenues, if any, shall be refunded to the owners of the businesses
operating within the BID that are current in their annual assessment by applying the
same method and basis that was used to calculate the assessment levied this fiscal
year.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: if any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance, The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 6: The City Council finds the approval of this ordinance is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Section 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, Chapter 3,
because it has no potential to have a significant effect on the environment.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to Charter Section 414, and it shall be effective on June 30, 2013.
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of May, 2013, and adopted on the 28th day of
May, 2013, by the following vote, to -wit:
AYES, COUNCILMEMBERS Gardner, Petros, Selich,
Henn, Daigle, Mayor Curry
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS
No
ATTEST:
L�7
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTO NE7'VIS OFFI E
- -K--a
Hill
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; that the foregoing ordinance, being
Ordinance No. 2013-13 was duly and regularly introduced on the 14th day of May, 2013, and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28t day of
May, 2013, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Selich, Henn, Daigle, Mayor Curry
Nays: None
Absent: Hill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this 291h day of May, 2013.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
City Clerk'
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
1, LEILANI 1. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2013-13 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general
circulation on the following dates:
Introduced Ordinance: May 18, 2013
Adc4)ted Ordinance- June 1, 2013
In witness whereof, 1 have hereunto subscribed my name this) 4fhday of t'IKl/ —
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City Clerk
U t' City of Newport Beach, California
Seal