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HomeMy WebLinkAbout10 - TBID Management District Plan - Amended" RECEIVED AFTER AGENOA PMN E3:`° anL .— RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO MODIFY THE MANAGEMENT DISTRICT PLAN OF THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, on April 28, 2009 the City Council of the City of Newport Beach ( "City Council ") adopted Resolution Number 2009 -21 adopting the Management District Plan and establishing the Newport Beach Tourism Business Improvement District ( "NBTBID "); and WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code Sections 36600 et seq., allows the City Council to modify the Management District Plan ( "MDP ") at the request of the Owners' Association; and WHEREAS, on November 14, 2013, the NBTBID Owners' Association, Visit Newport Beach ( "VNB "), requested modification of the MDP pursuant to California Streets and Highways Code Section 36635. 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 substantive portion of this resolution. Section 2: The City Council declares its intention to modify the NBTBID MDP. Section 3: The proposed modification of the NBTBID MDP will shorten the duration of the NBTBID, from five (5) years to four (4) years and nine (9) months. The modification will cause the NBTBID to expire on January 31, 2014, Section 4: The time and place for a public meeting on modification of the NBTBID MDP is set for 7-095:30 p.m. or as soon thereafter as the matter may be heard on December 10, 2013, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 5: The time and place for a public hearing on modification of the NBTBID MDP is set for 7:00 p.m. or as soon thereafter as the matter may be heard on January 284-4, 2014, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 6: The City Clerk is directed to provide notice of the public meeting and public hearing in accordance with Streets and Highways Code Section 36636. Section 7: The City Council finds the adoption of this resolution of intention 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 9: 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 26 day of November, 2013. Keith D. Curry, Mayor ATTEST: Leilani I. Brown, City Clerk RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO MODIFY THE MANAGEMENT DISTRICT PLAN OF THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, on April 28, 2009 the City Council of the City of Newport Beach ( "City Council ") adopted Resolution Number 2009 -21 adopting the Management District Plan and establishing the Newport Beach Tourism Business Improvement District ( "NBTBID "); and WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code Sections 36600 et seq., allows the City Council to modify the Management District Plan ( "MDP ") at the request of the Owners' Association; and WHEREAS, on November 14, 2013, the NBTBID Owners' Association, Visit Newport Beach ( "VNB "), requested modification of the MDP pursuant to California Streets and Highways Code Section 36635. 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 substantive portion of this resolution. Section 2: The City Council declares its intention to modify the NBTBID MDP. Section 3: The proposed modification of the NBTBID MDP will shorten the duration of the NBTBID, from five (5) years to four (4) years and nine (9) months. The modification will cause the NBTBID to expire on January 31, 2014. Section 4: The time and place for a public meeting on modification of the NBTBID MDP is set for 5:30 p.m. or as soon thereafter as the matter may be heard on December 10, 2013, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 5: The time and place for a public hearing on modification of the NBTBID MDP is set for 7:00 p.m. or as soon thereafter as the matter may be heard on January 28, 2014, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 6: The City Clerk is directed to provide notice of the public meeting and public hearing in accordance with Streets and Highways Code Section 36636. Section 7: The City Council finds the adoption of this resolution of intention 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 9: 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 26 day of November, 2013. Keith D. Curry, Mayor ATTEST: Leilani I. Brown, City Clerk