HomeMy WebLinkAbout09 - Resolution of Intention to Renew the CDMBID, Levy Assessments in FY 2019-20TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
June 11, 2019
Agenda Item No. 9
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Mary Locey, Administrative Analyst
mloceyCcDnewportbeachca.gov
PHONE: 949-644-3031
TITLE: Resolution No. 2019-46: Resolution of Intention to Renew the Corona
del Mar Business Improvement District, Levy Assessments in
FY 2019-20, and Fix the Time and Place of a Public Hearing
ABSTRACT:
On May 28, 2019, the City Council considered staff's recommendation to renew the
Corona del Mar Business Improvement District (CdM BID). The City Council, after
discussion and public comment, approved a motion to withhold City funding support to
the BID and continued the item to provide the BID Board time to meet and revise its
annual report and budget, which is attached for City Council approval.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve the Corona del Mar Business Improvement District's Fiscal Year 2018-19
Annual Report and its Proposed Fiscal Year 2019-20 Budget; and
c) Adopt Resolution No. 2019-46, A Resolution of the City Council of the City of Newport
Beach, California, Declaring its Intention to Renew the Corona del Mar Business
Improvement District and Levy Assessments for the Fiscal Year of July 1, 2019 to
June 30, 2020, and Fix the Time and Place of a Public Hearing for June 25, 2019.
FUNDING REQUIREMENTS:
The City of Newport Beach (City) contracts with a vendor (the CdM BID pays for these
services) to collect the stakeholder assessments on behalf of the City and remits the
money directly to the CdM BID's bank account. The monies are used for funding the BID's
activities as described in the attached annual report.
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Resolution No. 2019-46: Resolution of Intention to Renew the Corona del Mar Business
Improvement District, Levy Assessments in FY 2019-20, and
Fix the Time and Place of Public Hearing
June 11, 2019
Page 2
DISCUSSION:
The Corona del Mar Business Improvement District (CdM BID) was formed in 1997
(Ordinance 97-24) pursuant to the Parking and Business Improvement Area Law of 1989
(1989 Law), codified in the Streets and Highway Code Sections 36500 et seq. The CdM
BID was established for the purpose of financing activities and programs to benefit the
businesses located and operating in the area. The CdM BID territory encompasses the
area generally located along East Coast Highway from Hazel Drive to Avocado Avenue
in Corona del Mar (A boundary map is attached to the Resolution).
The CdM BID Board, which serves in an advisory capacity to the City Council, has
requested renewal of the BID for FY 2019-20. Pursuant to the 1989 Law, an annual report
and budget must be prepared and filed with the City Council and a public hearing
(scheduled for June 25) must be held prior to the BID's renewal.
It is important to note that during the 2018 renewal process members of the City Council
requested staff review the potential to reform the City's two 1989 Law BIDs (the CdM BID
and the Newport Beach Restaurant Association BID) under the 1994 Law. (See the
separate staff report for more on the NBRA BID.) For quick reference, the table below
highlights a few of the major differences between the two types of BIDs.
Operating as a 1994 Law BID provides autonomy from the City's oversight in BID
management and operations and, since a majority membership vote is required,
validation that the members perceive a benefit of belonging to the organization.
9-2
6.
1-M911
Establishment
. City Council may establish on
• Members submit written
its own.
petition to form.
• Based on a majority member
• Based on a majority member
protest.
vote.
Management
. Compliance with the Ralph M.
• Compliance with the Ralph M.
Brown Act.
Brown Act.
• Annual renewal by the City
• Renewed every five or up to
Council.
10 years by the City Council.
• Compliance with all City
• Compliance with the City
policies and procedures.
Council approved
Management District Plan.
Governing Body
. City Council appointment of an
• City Council approves a
advisory board.
contract with a designated
nonprofit to serve as an
owners association.
Other
. More City oversight and staff
• More independence to
time to operate and manage.
operate and manage.
Operating as a 1994 Law BID provides autonomy from the City's oversight in BID
management and operations and, since a majority membership vote is required,
validation that the members perceive a benefit of belonging to the organization.
9-2
Resolution No. 2019-46: Resolution of Intention to Renew the Corona del Mar Business
Improvement District, Levy Assessments in FY 2019-20, and
Fix the Time and Place of Public Hearing
June 11, 2019
Page 3
At its May 28 meeting, the City Council considered the CdM BID Board's request to renew
as a 1989 Law BID and receive $40,000 in annual funding support from the City. The City
Council discussed the BID's request and its current formation as a 1989 Law BID. The
Council reaffirmed its desire for confirmation that the BID members are receiving a
benefit.
A motion was approved to withhold the City's $40,000 in funding support and continue
the item to allow the BID Board an opportunity to revise its budget. In addition, the creation
of a Council Ad Hoc Committee to review how the BID aligns with City Council priorities
was recommended. (See the separate staff report for the creation of the committee.)
Per direction from the City Council, the CdM BID Board held a special meeting on June
3 to revise its FY 2018-19 Annual Report and FY 2019-20 Budget. The Board revised its
budget to eliminate the anticipated funding support from the City, reducing its proposed
expenditures by $40,000 from its streetscape / maintenance and landscaping budget line
items. The Board believes that these two maintenance items can be absorbed by the
City's Public Works Department in lieu of the $40,000 in funding to the BID to pay for the
items.
The revised annual report and budget are included for the Council's consideration and
approval (Attachment A).
Fiscal Year 2018-19 Operating Results
The estimated year-end operating budget for the CdM BID's FY 2018-19 is reflected in
the below table.
Estimated FY 2018-19 Year -End Operating Budget
Income Assessments and Late Fees
Fund Balance Retained Earnings)
Total Income and Fund Balance
Total Expenditures
Fund Balance (Retained Earnings for FY 2019-2020
Proposed Budget for Fiscal Year 2019-20
$138,681
$84,178
$222,859
$143,016
$79,843
The proposed operating budget for FY 2019-20 is attached to the CDM BID's annual
report for the City Council's approval. A summary is reflected in the table on the following
page.
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Resolution No. 2019-46: Resolution of Intention to Renew the Corona del Mar Business
Improvement District, Levy Assessments in FY 2019-20, and
Fix the Time and Place of Public Hearing
June 11, 2019
Page 4
Proposed FY 2019-20 Operating Budget
Income
Late Fees
Member Assessment
$2,000
$100,000
Total Income
$102,000
Expenses
Highway Decor and Banner Program
$34,000
Website Maintenance and Support Services
$8,550
Marketing and Administration Services
$55,578
Streetscape Furniture and Maintenance
$200
Landscaping
$857
Administration (Board/Admin/Bookkeeping Services
$20,308
Improvements
$59,350
Outreach
$3,000
Total Expenses
$181,843
Net Ordinary Income
$79,843
Other Income Expense Retained Earnings/Carry Over
Net Income
$79,843
$0
Resolution of Intention
The Resolution of Intention (Attachment B) for the CdM BID provides for the following:
• The intention to renew the CdM BID assessments for fiscal year 2019-20.
• The assessment levies shall be:
o $500 per year for banks and financial institutions that are exempt from City
business license regulations;
o $250 per year for insurance agencies that are exempt from City business
license regulations;
o $0 per year for independent contractors (hair stylists, nail technicians and
real estate agents) operating in an establishment owned by another person;
and
0 150 percent of the annual business license tax for all other businesses.
• The improvements and activities to be funded shall be:
o Marketing, advertising, and public relations;
o Public area improvements and maintenance programs;
o Promotion of public events in the area;
o Promotion of retail trade activities; and
o Administration.
• The public hearing shall be heard on June 25, 2019 at 7 p.m. in the City Council
Chambers.
Per the 1989 Law, the City Council may revise, change, reduce or modify the assessment
or the type or types of improvements and activities proposed to be funded by the CdM
BID Board.
Resolution No. 2019-46: Resolution of Intention to Renew the Corona del Mar Business
Improvement District, Levy Assessments in FY 2019-20, and
Fix the Time and Place of Public Hearing
June 11, 2019
Page 5
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — CdM BID Revised Annual Report and Budget
Attachment B — Resolution No. 2019-46
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ATTACHMENT A
A °Ei Corona del Mar Business Improvement District
ANNUAL REPORT
Year -End Report for FY 2018-2019
Improvements and Activities for FY 2019-2020
This is the 23rd annual report for the Corona del Mar Business Improvement District (CdM BID),
as required by Section 36533 of the California Streets and Highways Code.
1. Proposed Changes to the District Boundary
There are no changes proposed to the district boundaries.
2. Improvements and Activities for the Fiscal Year of July 1, 2019 to June 30, 2020.
A. VISION 2020 — REVITALIZATION IMPROVEMENTS AND MAINTENANCE
The following are revitalization project improvements and maintenance programs planned
for the CdM BID for the fiscal year (FY) 2019-2020. These programs and related
expenditures are consistent with the BID's Vision Plan.
2.1 Parking & Transportation Improvements
The BID Advisory Board of Directors (Board) concluded a parking study performed by
Walker Consultants during FY 2018-2019. The Board has put forth a concentrated effort
on the study's findings and is working with City staff on implementation of potential
solutions to improve parking within the Corona del Mar Business District and adjacent
residential areas. The Board has been working with City staff, property owners and
residents on the three items recommended for implementation:
1) Increase the parking time limit on East Coast Highway from one hour to two hours;
2) Incorporate underutilized private parking supply in the public parking supply; and
3) Lower parking requirements in the business district.
2.2 East Coast Highway Improvements
The BID Board continues to work on the appearance and safety of the Business
District through various physical improvement projects and has budgeted the necessary
funds for FY 2019-2020. Projects under consideration include improvements to the
village center at the Marguerite Avenue and East Coast Highway intersection, including
replacement of the dolphin topiaries and enhanced sidewalk enhancement at the
intersection corners. Other projects under consideration are enhancements to the south
entry, sidewalk appearance and an updated urban outreach planning charrette.
2.3 North Gateway Entry Electrical Maintenance (MacArthur and East Coast Hwy.)
The BID's FY 2019-2020 budget includes funding to maintain the electrical system,
which was installed and paid for by the BID, in the gateway area and landscaped
median to ensure proper working order and safety.
2.4 Business District Holiday Decor Program
The BID's FY 2019-2020 budget provides for the annual installation and maintenance of
the median holiday decorations within the Business District. The holiday decor
program is provided through a City agreement for the contracted services. The
Board will work with the contract vendor and City staff on the annual permits, lighting
and maintenance, as well as the installation and breakdown.
CdM BID FY 2019-2020 Annual Report I Page 1
• 0
B. VISION PLAN — MARKETING AND MEMBER BENEFITS
2.5 Website and Communications
The BID's interactive website offers enhanced features to improve communications with
and services for its members. The website includes a business directory feature to aide
in marketing BID members to the public and the ability for members to pay their
assessments online. Other features include the addition of news, events and meeting
postings with an integrated connection to the BID's social media platforms. The Board
will continue to maintain, update and keep optimization current for enhanced
member marketing, communications and information sharing.
2.6 Marketing and Media Campaigns
The Board launched a "Shop Local" marketing campaign in a coordinated effort with the
CdM Chamber of Commerce in FY 2017-2018. This campaign involved a variety of
marketing and media components to assist the business district's retailers. The Shop
Local program included a new design theme strategically used throughout the marketing
components such as street light banners, direct mail pieces, newspaper and print
advertisements, events and more. The BID's FY 2019-2020 budget includes funding to
continue this campaign and to provide for additional campaign components throughout
the fiscal year. The Board will maintain the existing annual marketing programs and
develop new strategic campaigns to promote economic growth within the business
district. The Board will continue to enhance its digital and media relations and maintain
or develop new marketing collateral.
2.7 CdM BID Member Directory, Window Decals and Informational Brochures
The BID's FY 2019-2020 budget includes funding to continue to co -produce and co -
publish the annual Corona del Mar Business Directory (Directory) with the CdM
Chamber of Commerce. The directory lists and markets CdM BID members in a
colorful print publication that encourages shopping local. The directory is mailed to
10,000 households in Corona del Mar and the surrounding areas. The BID's annual
Vision Plan brochures listing the BID's recent accomplishments and future goals will be
updated and distributed with the annual member assessment mailings in July and
throughout the year. The Board will continue to mail members who have paid their
assessments a membership decal signifying they are members in good standing.
2.8 Christmas Walk
The BID will contribute funds from the FY 2019-2020 budget to the CdM Chamber of
Commerce as a sponsor for the annual Christmas Walk event, which successfully
stimulates the economic climate of the Business District and provides a promotional
platform for all businesses within the BID boundaries and beyond.
2.9 East Coast Highway Dolphin Topiary Decor Program
The BID's FY 2019-2020 budget includes funding to coordinate the festive seasonal
decorations of the dolphin topiaries at the intersection of Marguerite Avenue and
East Coast Highway. This continues to be a tradition that is embraced by the
community.
2.10 Street Light Banner Program
The BID's FY 2019-2020 includes funding for the rotating street light banner program,
which highlights the annual CdM signature community events (Annual Town
Meeting, Scenic 5K, Christmas Walk) as well as the happy holidays banners and the
shop local banners. The Board will continue to work with the contract vendor and City
CdM BID FY 2019-2020 Annual Report I Page 2
9-7
staff on permits, schedules and installation and removal. The street light banner
program continues to provide the Business District a sense of community spirit, pride
and promotion.
2.11 Marketing Consulting and Reporting
The BID's FY 2019-2020 budget has funding allocated to continue the marketing
consulting contract with the CdM Chamber of Commerce to formulate, coordinate and
administer the BID's marketing efforts and provide routine reports to the Board on the
results of the marketing activities.
C. VISION 2020 — OUTREACH
2.12 Annual Town Meeting
The Board will continue to co -host the Annual Town Hall Meeting for Corona del Mar and
coordinate a "State of the Business District Address" to its members. The meeting
serves as an outreach platform and community gathering for BID members and local
community members. The annual meeting is required as stated in the BID bylaws and is
co -hosted with the CdM Chamber of Commerce and the CdM Residents Association.
2.13 Business Beautification Award Program
The FY 2019-2020 BID budget includes funding to continue to pay for and manage the
quarterly Business Beautification Award Program. The program identifies member
businesses that have renovated, remodeled or enhanced the storefront aesthetics,
which contributes to the overall Vision Plan. Recipients of the award receive media
attention and an award at a communityevent.
2.14 Outreach Materials & Mailings
The Board shall continue to communicate with the community through exhibiting at
various monthly and annual events. Programs, collateral and BID announcements will
be available, displayed and communicated through the CdM Chamber of Commerce,
the CdM Residents Association and at other community events.
D. VISION 2020 — BID ADMINISTRATION
2.15 Administrative Consulting and Reporting
The BID's FY 2019-2020 budget provides funding for the administrative consulting
contract between the City and the CdM Chamber of Commerce. The services include
providing support to formulate, coordinate and administer the BID and report to the
Board routinely on the results and issues that may arise. Activities include preparing and
coordinating agendas, memos, communications and/or reports. Other duties include
serving as a liaison with City staff and providing a post -meeting action item summary to
the City Manager's Office and keeping the Board programs on track.
2.16 Administrative Expenses
The BID's FY 2019-2020 budget includes funding for the CdM Chamber of Commerce
to serve as the designated consultant to provide for a physical mailing address,
telephone service, office equipment, meeting space and storage of BID collateral.
2.17 Financial Reporting, Bookkeeping and Billing Services
The BID's FY 2019-2020 budget includes funding for its bookkeeping services to be
provided through an agreement between the City and Community Business Solutions.
Bookkeeping services consist of coordinating the member assessment billing,
managing the accounts receivable and payable, preparation of the monthly financial
CdM BID FY 2019-2020 Annual Report I Page 3
• S
reports and providing financial reporting to City staff and the BID Board.
3. Estimated Cost of Improvements & Activities for FY 2019-2020
Improvements
$
59,349.86
Landscaping (Maintenance & Other)
$
857
Streetscape (Maintenance & Other)
$
200
Marketing and Administration
$
55,578
Website (Hosting, Tech Support, Maintenance, Marketing)
$
8,550
Holiday Decor and Street Light Banner Program
$
34,000
Outreach
$
3,000
Administration and Financial Services
$
20,307.50
TOTAL
$
181,842.36
Vision Plan Revisions
The Board continues to re-evaluate and update the Vision Plan. Subcommittee meetings and
workshops to develop new objectives will continue in FY 2019-2020 and the findings will be
shared with BID and community members.
4. Method and Basis of Levying the Assessment
The member benefit assessments are collected in one installment. The benefit assessment
shall be equal to 150 percent of the City's annual business license fee as established pursuant
to Chapter 5.08 of the Municipal Code. The penalty for delinquent payments shall be equal to
that established for delinquent business license fees pursuant to Chapter 5.04 of the Municipal
Code, providing that the penalty amount added shall in no event exceed 50 percent of the
assessment amount due. Banks and financial institutions that are exempt from City business
license regulations shall be assessed $500 per year. Insurance agencies that are exempt from
City business license regulations shall be assessed $250 per year. Persons operating in one
of the following types of businesses, as an independent contractor in an establishment owned
by another person shall be exempt from this assessment: 1) Hair stylists; 2) Nail technicians;
and 3) Real estate agents. Assessments shall be collected in one annual installment at the
beginning of the fiscal year, and shall be pro -rated for new businesses that open during the
fiscal year. The Board has made improvements in collecting delinquent member assessments
and will continue to work on the collection effort.
5. Surplus Carryover from Fiscal Year 2018-2019
It is estimated that approximately $79,842 will be carried over from FY 2018-2019 to FY 2019-
2020 due to projects in process.
6. Prior Year Accomplishments
FY 2018-2019 was successful for the CdM BID. The Board successfully completed projects
and programs, maintained existing programs and developed new projects within the CdM
Business District as reflected in the estimated FY end expenses as shown on the following
page.
CdM BID FY 2019-2020 Annual Report i Page 4
Fiscal Year 2018-2019 Projects and Proarams"
Improvement Projects and Parking
District Parking Study (Improvement projects in process / continued)
Landscaping
Contracted services for tree -well landscaping maintenance and irrigation repairs
Streetscape/Maintenance
Powder -coating, maintaining and replacement of trash receptacles and benches
Holiday Decor and Street Light Banner Program
Contracted service for installation, removal and storage
Website Management & Communications
Contracted service for management, maintenance, hosting, technical support and
marketing.
Marketing, Administration and Outreach
Contracted service for providing the Shop Local marketing campaign, BID brochures,
CdM Business Directory, dolphin topiary program, beautification program, Christmas
Walk sponsorship, membership decals, annual meeting, mailings, storage and
physical office facilities, administration, agendas, reports and communications
Administration and Accounting
Contracted services for billing, financial reporting, bookkeeping, mailings
*Estimated fiscal -year end TOTAL
$ 3,806
$ 28,834
$ 7,103
$ 27,578
$ 7,844
$ 48,619
$ 19,233
$ 143,017
CdM BID FY 2019-2020 Annual Report I Page 5
9-10
Corona del Mar Business Improvement District
Proposed Operating Budget
Fiscal Year July 1, 2019 thru June 30, 2020
Ordinary Income Expense Budget
Income
Late Fees 2,000
Member Assessments 100,000
Total Income
Expense
Highway Holiday Decor and Banner Program
Website Maintenance and Support Services
Marketing and Administration Services
Streetscape Furniture and Maintenance
Landscaping
Administration (Board/Admin/Bookkeeping Services)
Improvements
Outreach
Total Expenses
Net Ordinary Income
Other Income Expense (Retained Earnings/*Carry Over)
*Carry Over from continued projects in process
Net Income
102,000
34,000
8,550
55,578
200
857
20,308
59,350
3,000
181,843
(79,843)
79,843
0
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ATTACHMENT B
RESOLUTION NO. 2019-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS
INTENTION TO RENEW THE CORONA DEL MAR
BUSINESS IMPROVEMENT DISTRICT AND LEVY
ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1,
2019 TO JUNE 30, 2020, AND FIX THE TIME AND PLACE
OF A PUBLIC HEARING
WHEREAS, the Corona del Mar Business Improvement District ("CdM BID") was
established in 1997 by Ordinance No. 97-24, pursuant to the Parking and Business
Improvement Area Law of 1989, California Streets and Highways Code, Sections 36500
et seq., ("1989 Law"), which requires an annual report to be filed and approved by the
City Council of the City of Newport Beach ("City") for each fiscal year;
WHEREAS, the advisory board, known as the CdM BID Board of Directors, has
prepared an annual report for the 2018-2019 fiscal year which is on file in the City Clerk's
Office ("Annual Report"); and
WHEREAS, on June 11, 2019, the Annual Report was filed with and approved by
the City Council.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby declares its intention to renew the CdM BID
for fiscal year July 1, 2019 to June 30, 2020, pursuant to the 1989 Law.
Section 2: The City Council hereby declares its intention to levy assessments for
the CdM BID for the fiscal year July 1, 2019 to June 30, 2020, pursuant to the 1989 Law.
Such benefit assessment shall be as follows:
A. Banks and financial institutions that are exempt from City business license
regulations shall be assessed Five Hundred Dollars ($500) per year.
B. Insurance agencies that are exempt from City business license regulations
shall be assessed Two Hundred Fifty Dollars ($250) per year.
C. Persons operating one of the following types of businesses as an
independent contractor in an establishment owned by another person shall be exempt
from this assessment:
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Resolution No. 2019-46
Page 2 of 4
1. Hair stylists
2. Nail technicians
3. Real estate agents.
D. The assessment for all other businesses within the CdM BID shall be one
hundred fifty percent (150%) of the annual business license tax as established pursuant
to Newport Beach Municipal Code ("NBMC") Chapter 5.08.
Section 3: The penalty for delinquent payments shall be equal to that
established for delinquent business license fees pursuant to NBMC Chapter 5.04,
providing that the penalty to be added shall in no event exceed fifty percent (50%) of the
assessment amount due.
Section 4: The benefit assessments shall be collected by the City of Newport
Beach, or its designee, in one annual installment. The assessment for new businesses
shall be pro -rated according to the number of full months remaining in the CdM BID's
fiscal year.
Section 5: The improvements and activities to be funded by the benefit
assessments shall include only the following:
A. Marketing, advertising, and public relations;
B. Public area improvements and maintenance programs;
C. Promotion of public events that are to take place on or in any public places
in the area;
D. General promotion of retail trade activities; and
E. Administration.
The implementation of these actions is described in the Annual Report, which is on file
with the City Clerk's Office located at 100 Civic Center Drive, Bay 2E, Newport Beach,
CA 92660.
Section 6: The location of the CdM BID will remain the same: Generally located
on East Coast Highway from Hazel Drive to Avocado Avenue, as set forth with greater
specificity in the boundary map attached hereto as Exhibit A, and incorporated herein by
reference.
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Resolution No. 2019-46
Page 3 of 4
Section 7: The time and place for a public hearing on the CdM BID renewal is
set for 7:00 p.m. or as soon thereafter as the matter may be heard on June 25, 2019, at
the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660.
Section 8: During the public hearing, the City Council shall hear and consider
all protests against the establishment area, or the furnishing of specified types of
improvements or activities within the area. Protests may be made orally or in writing, but
if written shall be filed with the City Clerk at or before the time fixed for the hearing and
contain sufficient documentation to verify business ownership and validate the particular
protest. If written protests are received by the owners of the businesses within the CdM
BID which pay fifty percent (50%) or more of the total assessments to be levied, no further
proceedings to renew the CdM BID shall be taken for a period of one year from the date
of the finding of a majority protest by the City Council. If the majority protest is only against
the furnishing of a specific type or types of improvements or activity or benefit within the
CdM BID, those types of improvements or activities or benefit zones shall be eliminated.
Section 9: Further information regarding the proposed CdM BID renewal may
be obtained at the City Manager's Office, 100 Civic Center Drive, Bay 2E, Newport Beach,
CA 92660; 949-644-3031.
Section 10: The City Clerk is directed to provide notice of the public hearing in
accordance with Streets and Highways Code Sections 36523 and 36541.
Section 11: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 12: 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.
Section 13: 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.
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Resolution No. 2019-46
Page 4 of 4
Section 14: 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 11th day of June, 2019.
Diane B. Dixon
Mayor
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C'
Aaron C. Harp
City Attorney
Attachment(s): Exhibit A - Boundary Map
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