HomeMy Public PortalAboutOrdinance 1129ORDINANCE NO. 1129
ONE YEAR EXTENSION OF ORDINANCE NO. 1121 BEING AN INTERIM URGENCY
ORDINANCE OF THE CITY OF BEAUMONT, ENACTING A TEMPORARY
MORATORIUM PROHIBITING TIRE SALES AND TIRE REPAIR ESTABLISHMENTS,
PURSUANT TO GOVERNMENT CODE SECTION 65858
WHEREAS, on March 3, 2020, the City Council of the City of Beaumont adopted
as an urgency measure Interim Ordinance No. 1121 temporarily restricting the granting
of any building permit, business permit, conditional use permit, or any entitlement for
establishing or expanding any tire sales or tire repair establishments anywhere in the City of
Beaumont; and
WHEREAS, pursuant to Government Code section 65858(a), Interim Ordinance No.
1121 shall be of no further force and effect 45 days from its date of adoption, March 3, 2020,
unless otherwise extended after notice and public hearing pursuant to Government Code section
65090; and
WHEREAS, on March 27, 2020, the staff published notice of a public meeting to
consider an extension of Interim Ordinance No. 1121 (Ordinance No. 1123) in accordance with
Government Code Section 65090;
WHEREAS, on April 7, 2020, the City Council of the City of Beaumont adopted
urgency measure Interim Ordinance No. 1123 to extend the temporary restriction of granting of
any building permit, business permit, conditional use permit, or any entitlement or expanding
any tire sales or tire repair establishments in the City of Beaumont for an additional ten (10)
months and fifteen (15) days, commencing on April 17, 2020; and
WHEREAS, on February 5, 2021 the staff published notice of a public meeting to
consider an extension of Interim Ordinance 1121 in accordance with Government Code Section
65090;
WHEREAS, on February 16, 2021, the City Council received a report from staff dated
February 16, 2021, requesting that the City Council extend the term of Interim Ordinance No.
1121 beyond March 3, 2021, for one (1) year and describing the measures taken to alleviate the
condition which led to the adoption of Interim Ordinance No. 1121; and
WHEREAS, on February 16, 2021, the City Council held a duly noticed public hearing
and took testimony regarding Interim Ordinance No. 1121; and
WHEREAS, after considering the report from staff and hearing public comments, the
City Council finds that the causes for adopting the interim ordinance have not been alleviated,
and that there is a current and immediate threat to the public health, safety, and welfare of the
City to justify an extension of Interim Ordinance No. 1121 for an additional year, commencing
on March 3, 2021; and
1
WHEREAS, an extension of Interim Ordinance No. 1121 requires a four -fifths vote of
the City Council for adoption.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines the foregoing recitals to be true and
correct and hereby incorporates them into this ordinance.
SECTION 2. Interim Ordinance No. 1121, adopted by the City Council on March 3, 2020,
and Interim Ordinance No. 1123, adopted on April 7, 2020, is hereby extended for an additional
one (1) year period, commencing from March 3, 2021, and ending on March 3, 2022.
SECTION 3. This Ordinance, extending Interim Ordinance No. 1121, shall be
introduced, passed and adopted at one and the same meeting and shall become effective
immediately.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this ordinance, or its application to any person or circumstance, is for any reason held
to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity
or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases of this ordinance, or its application to any other person or circumstance. The
City Council of the City of Beaumont hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact
that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases hereof be declared invalid or unenforceable.
SECTION 5. The City Clerk shall certify that this Interim Ordinance was passed,
approved and adopted by the City Council of the City of Beaumont at a regular meeting thereof
held February 16, 2021, by the following vote:
AYES: Santos, Fenn, Martinez, White, Lara
NOES:
ABSENT:
ABSTAIN:
Mike Lar , Mayo
Attest:
Deputy City . erk /L)A4.69C-
2
Approved as to form:
John Q. 'inkney, Ci Iomey
3