HomeMy WebLinkAbout2021-40 - Declaring Its Intention to Disestablish the Corona del Mar Business Improvement District and Fix the Time and Place of a Public HearingRESOLUTION NO. 2021-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS
INTENTION TO DISESTABLISH THE CORONA DEL MAR
BUSINESS IMPROVEMENT DISTRICT AND FIX THE
TIME AND PLACE OF A PUBLIC HEARING
WHEREAS, the Parking and Business Improvement Area Law of 1989 (California
Streets and Highways Code Section 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 July 14, 1997, the City Council of the City of Newport Beach ("City")
adopted Ordinance No. 97-24 establishing the Corona del Mar Business Improvement
District ("CdM BID"),
WHEREAS, the assessments collected on behalf of the CdM BID have enabled
the CdM BID to provide promotion, marketing and advertising opportunities along with
general public area improvements and maintenance programs within the CdM BID;
WHEREAS, the Act requires that each year, the activities, boundaries, and
assessments of the CdM BID be reviewed by the CdM BID's advisory board ("Advisory
Board") for purposes of making recommendations to the City Council, and an annual
report be filed and approved by the City Council for each fiscal year;
WHEREAS, on March 25, 2021, the Advisory Board voted to recommend that the
City Council disestablish the CdM BID due to its having completed the projects under its
Vision Plan and having fulfilled its original mission; and
WHEREAS, the Advisory Board has prepared an annual report for the 2020-2021
fiscal year and has included a proposal for the disposal of the CdM BID's assets upon
disestablishment, which report is on file in the City Clerk's Office ("Annual Report").
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby approves the Annual Report.
Resolution No. 2021-40
Page 2 of 3
Section 2: The City Council hereby declares its intention to disestablish the CdM
BID for the reason that the CdM BID has completed the projects in its Vision Plan and
has fulfilled its original mission. Should the CdM BID be disestablished, in accordance
with California Streets and Highways Code Section 36550(b) assets acquired with the
revenues from the assessments levied within the CdM BID shall be donated to the Corona
del Mar Chamber of Commerce and the portion designated in the Annual Report for the
City of Newport Beach shall be donated to Visit Newport Beach, Inc. Pursuant to
California Streets and Highways Code Section 36551(a), any remaining revenues derived
from the levy of assessments and the sale of assets, if any, shall be refunded to the
owners of businesses then located and operating within the CdM BID by applying the
same method and basis that was used to calculate the assessment most recently levied.
Section 3: Pursuant to California Streets and Highways Code Section 36550(b),
on Tuesday, June 8, 2021 at 4:00 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 CdM BID.
Section 4: The City Clerk is directed to give notice of the public hearing on the
disestablishment of the CdM 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, and by mailing a complete copy of this resolution
by first-class mail to each business owner within the CdM BID within seven (7) days
following the City Council's adoption of this resolution of intention.
Section 5: The recitals provided above are true and correct and are incorporated
into the operative part of this resolution.
Section 6: 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.
Resolution No. 2021-40
Page 3of3
Section 7: 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 8: 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 May, 2021.
ATTEST:
Leilani I. Brown
City Clerk
APPR VED AS TO FORM:
CITY TORNEY'S OFFI E
Aaron C. Harp
City Attorney
Bra ery
ea -or
C' �P
`LIFUR�
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. 2021-40 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 1111 day of May, 2021, and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1211 day of May, 2021.
vionF, W,.,
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Leifani I. Brown 1
City Clerk
Newport Beach, California
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