HomeMy WebLinkAbout12 - Disestablishment of Marine Avenue BIDaEWPORr CITY OF
° NEWPORT BEACH
City Council Staff Report
Agenda Item No. 12
May 14, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Managers Office
Dave Kiff, City Manager
949 - 644 -3000, dkiff @newportbeachca.gov
PREPARED BY: Tara Finnigan, Public Information Manager
APPROVED: L i
TITLE: Ordinance No. 2013 - 12 Disestablishing the Marine Avenue
Business Improvement District
In early 2013, the Marine Avenue Business Improvement District (BID) Advisory Board
recommended disestablishing the BID so that a merchant association, independent of
the City of Newport Beach (City), could be formed. The City Council considered that
recommendation on April 23, 2013 and approved a Resolution of Intention to
disestablish the BID and set the public hearing for May 14, 2013.
RECOMMENDATIONS:
1. Conduct a Public Hearing; and
2. Introduce Ordinance No. 2013- 12, an ordinance of the City Council of the City of
Newport Beach Repealing Ordinance No. 95 -50 and Ordinance No. 97 -37 and
Disestablishing the Marine Avenue Business Improvement District and pass to a
second reading on May 28, 2013.
FUNDING REQUIREMENTS:
The City Manager will propose in the FY 2013 -14 budget an allocation of $40,000 for
the merchant association, plus $10,000 more for marketing provided that the
association uses Newport Beach and Company (NB & Co) for its marketing efforts.
Early indications are that this association does not intend to use NB & Co; however, so
the $10,000 will not be allocated.
Ordinance No. 2013 - 12 Disestablishing the Marine Avenue Business Improvement
District
May 14, 2013
Page 2
DISCUSSION:
The Marine Avenue BID was formed pursuant to the Parking and Business
Improvement Area Law of 1989, codified in California Streets and Highways Code
Sections 36500 et seq. (Act), for the purpose of financing activities and programs to
benefit businesses located and operating in the territory of the BID. The Marine Avenue
BID's territory includes the 200 and 300 blocks of Marine Avenue on Balboa Island.
(Attachment A to this staff report is the boundary map for the BID.)
As formed under the Act, the BID is considered a committee of the City and is therefore
subject to the same laws, policies and procedures that the City Council and staff must
follow. The BID's Advisory Board, comprised of area business owners and operators,
has found many of the required laws and procedures to be complicated and time
consuming. As volunteers, the Board members see the City's procedures as an
additional burden and strain the limited time they have available to serve the BID. A
significant amount of City staff and consultant time is also required to administer the BID
and help ensure that all applicable laws and policies are followed.
After nearly a year of investigating various options for alleviating the time commitment
required of the BID Board and City staff, staff presented a proposal for disestablishing
the BID and having area business owners form their own merchant association that
would be independent of the City. The proposed plan included entering into a multi -year
agreement with the merchant association, once formed. The agreement would provide
City financial support for area improvements (such as banners, decorations, street
furniture) and for marketing the association's member businesses. The BID Board
considered the proposal on January 17, 2013 and ultimately voted in favor of
recommending disestablishment of the BID to the City Council.
The proposal was then presented to the City Council during its March 26t' Study
Session. The Council provided general direction and support for moving forward with
the plan as proposed.
Next, on April 23, 2013, the City Council adopted Resolution No. 2013 -38, declaring its
intention to disestablish the BID and setting the public hearing for May 14, 2013. A
complete copy of the adopted Resolution, and a cover letter explaining the proposed
disestablishment, was mailed to each BID member. The City Clerk also published a
complete copy of the Resolution in a local newspaper.
If approved following a second reading on May 28, 2013, Ordinance No. 2013 -12 would
be effective on June 30, 2013.
Ordinance No. 2013 - 12 Disestablishing the Marine Avenue Business Improvement
District
May 14, 2013
Page 3
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:
This agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers this item).
Submitted by
1
Tara Finnigan
Public Information Manager
Attachment: A. Boundary Map for the Marine Avenue Business Improvement
District
B. Resolution No. 2013 -38
C. Proposed Ordinance No. 2013 -12
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RESOLUTION NO. 2013 -38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENTION TO
DISESTABLISH THE MARINE AVENUE BUSINESS
IMPROVEMENT DISTRICT AND TO HOLD A PUBLIC
HEARING
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 October 19, 1995, the City Council of the City of Newport Beach
( "City) adopted Ordinance No. 95 -50 establishing the Marine Avenue Business
Improvement District ( "BID ");
WHEREAS, the assessments collected on behalf of the BID by the City has
enabled the BID to provide promotion, marketing and advertising opportunities along
with general public area improvements and maintenance programs within the BID;
WHEREAS, the Act requires that each year, the activities, boundaries, and
assessments of the BID be reviewed by the BID's Advisory Board for purposes of
making recommendations to the City Council;
WHEREAS, on January 17, 2013, 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 an independent merchant association; and
WHEREAS, pursuant to California Streets and Highways Code Section 36550,
the City is required to adopt this resolution of intention to disestablish the BID prior to
holding a public hearing and the adoption of an ordinance formally disestablishing the
BID.
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 operative part of this resolution.
Section 2: The City Council declares its intention to disestablish the BID.
Section 3: In accordance with the California Streets and Highways Code
Section 36550(b), should the BID be disestablished, any assets acquired with the
revenues from the assessments levied within the BID shall be sold or donated to a non -
profit corporation. Pursuant to California Streets and Highways Code Section 36551(a)
any remaining revenues derived from the levy of assessments or the sale of assets, if
any, shall be refunded to businesses within the BID that have paid their annual
assessment by applying the same method and basis that was used to calculate the
most recent assessment levied on businesses within the BID.
Section 4: Pursuant to California Streets and Highways Code Section
36550(b), on Tuesday, 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, Califomia, a public hearing shall be held by the City Council on the
disestablishment of the BID.
Section 5: The City Clerk is directed to give notice of the public hearing on the
disestablishment of the 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. Notice of the public hearing shall be given by mailing a
complete copy of this resolution of intention by first -class mail to each business owner
assessed within the BID, within seven (7) days following the City Council's adoption of
this resolution of Intention.
Section 6: 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 23rd day of April, 2013.
Keith D. Curry, Mayor
ATTEST:
A*Z--
Leilani I. Brown,
City Clerk �,,
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilanl 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 resolution, being Resolution
No. 2013 -38 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 9h day of April, 2013, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24'" day of April, 2013.
coax �- �'M -
City Clerk
Newport Beach, California
(Seal)
I1:i�71a_l.[�1��[�iy[c�i a
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
REPEALING ORDINANCE NO. 95 -50 AND
ORDINANCE NO. 97 -37 AND DISESTABLISHING
THE MARINE AVENUE 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 October 19, 1995, the City Council of the City of Newport Beach
( "City') adopted Ordinance No. 95 -50 establishing the Marine Avenue Business
Improvement District ( "BID ");
WHEREAS, on January 26, 1998, the City Council of the City adopted Ordinance
No. 97 -37 that modified the basis for levying assessments in the BID;
WHEREAS, on January 17, 2013, 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 -38 ( "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 -50 and Ordinance No. 97 -37 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 Marine Avenue 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.
(CONTINUED ON NEXT PAGE]
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14t' day of May, 2013, and adopted on the 28"' day of
May, 2013, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
KEITH D. CURRY
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C HARP, CITY ATTORNEY
CITY OF NEWPORT BEACH
OFFICE OF THE CITE' CLEF
L,eilanf I. Brown, MMC
April 29, 2013
Re: Disestablishing the Marine Avenue Business Improvement District
Dear Business Owner:
On April 23, 2013, the City of Newport Beach (City) City Council adopted a Resolution of Intention to
Disestablish the Marine Avenue Business Improvement District (BID). The action reflects a
recommendation made by the BID's Advisory Board to have the BID disestablished so that a merchant's
association could be formed that would operate independently of the City.
The BID was formed in 1995 pursuant to the Parking and Business Improvement Area Law of 1989
(California Streets and Highways Code Sections 36500 et seq.) (Act) for the purpose of financing
activities and programs to benefit businesses located and operating in the territory of the BID. The BID's
territory includes the 200 and 300 blocks of Marine Avenue on Balboa Island. As formed under the Act,
the BID is essentially considered a committee of the City and thus, is subject to the same set of laws and
procedures that the City Council and staff must follow. The BID's Advisory Board members - all volunteer,
local business owners or representatives - have found many of the laws and procedures to be
complicated and time consuming, especially in light of the specific marketing or district improvement
efforts they desire to accomplish for the BID.
Pursuant to the Act, the City Council was required to adopt a resolution of intention (see attached
Resolution 2013 -38) prior to holding a public hearing to consider adopting an ordinance formally
disestablishing the BID. The public hearing is scheduled for Tuesday, May 14, 2013, during the City
Council meeting that begins at 7 p.m. in the City Council Chambers located at 100 Civic Center Drive,
Newport Beach, California 92660.
If, following the public hearing, the City Council votes in favor of disestablishment, the BID would continue
to operate through June 30, 2013. The disestablishment would be effective as of July 1, 2013 at which
time business owners within the BID would no longer be required to pay the BID's annual assessment. If
business owners in the area desire to form a merchants association independent of the City, membership
in that association would be on a voluntary basis.
The City has proposed entering into a multi -year agreement with the association (if and when formed) to
provide some financial support for its marketing and improvement efforts.
If you have any questions about the BID and the disestablishing process, please contact the City
Manager's Office at bidinfo(a)newportbeachca.00v or 949 - 644 -3002.
Sind( }n, !� Ny --
Leilani I. Brown, MIMIC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 Fax: (949) 644 -3039 www.ciLy.newport- beach.ca.us
RESOLUTION NO. 2013 -38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENTION TO
DISESTABLISH THE MARINE AVENUE BUSINESS
IMPROVEMENT DISTRICT AND TO HOLD A PUBLIC
HEARING
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 October 19, 1995, the City Council of the City of Newport Beach
( "City ") adopted Ordinance No. 95 -50 establishing the Marine Avenue Business
Improvement District ( "BID ");
WHEREAS, the assessments collected on behalf of the BID by the City has
enabled the BID to provide promotion, marketing and advertising opportunities along
with general public area improvements and maintenance programs within the BID;
WHEREAS, the Act requires that each year, the activities, boundaries, and
assessments of the BID be reviewed by the BID's Advisory Board for purposes of
making recommendations to the City Council;
WHEREAS, on January 17, 2013, 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 an independent merchant association; and
WHEREAS, pursuant to California Streets and Highways Code Section 36550,
the City is required to adopt this resolution of intention to disestablish the BID prior to
holding a public hearing and the adoption of an ordinance formally disestablishing the
BID.
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 operative part of this resolution.
Section 2: The City Council declares its intention to disestablish the BID.
Section 3: In _accordance with the California Streets and Highways Code
Section 36550(b), should the BID be disestablished, any assets acquired with the
revenues from the assessments levied within the BID shall be sold or donated to a non-
profit corporation. Pursuant to California Streets and Highways Code Section 36551(a)
any remaining revenues derived from the levy of assessments or the sale of assets, if
any, shall be refunded to businesses within the BID that have paid their annual
assessment by applying the same method and basis that was used to calculate the
most recent assessment levied on businesses within the BID.
Section 4: Pursuant to California Streets and Highways Code Section
36550(b), on Tuesday, 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, a public hearing shall be held by the City Council on the
disestablishment of the BID.
Section 5: The City Clerk is directed to give notice of the public hearing on the
disestablishment of the 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. Notice of the public hearing shall be given by mailing a
complete copy of this resolution of intention by first -class mail to each business owner
assessed within the BID, within seven (7) days following the City Council's adoption of
this resolution of intention.
Section 6: 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 23rd day of April, 2013.
Keith D. Curry, Mayor
ATTEST:
O ^J.
Leilani I. Brown,
City Clerk, �.._
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 resolution, being Resolution
No. 2013 -38 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 91" day of April, 2013, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 241" day of April, 2013.
am� �- �
City Clerk
Newport Beach, California
(Seal)
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Attention: Aric Toll
Balboa Island Village Inn, Inc.
127 Marine Avenue Balboa
Island, CA 92662
Attention: Wilma Staudinger
Wilma's Patio
P.O. Box 5002
Balboa Island, CA 92662
Attention: Katie Lewis
Even Sisters
207 Marine Avenue
Balboa Island, CA 92662
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Attention: Steve Brazeel
Hershey's Market
200 Marine Ave.
Balboa Island, CA 92662
Attention:
J.P. Maxwell
204 Marine Ave.
Balboa Island, CA 92662
Attention: Charles Lehman
The Gift Box
208 Marine Avenue
Balboa Island, CA 92662
Attention: Mostafa Hosseinpour Attention: Valinda Martin
Olive Oil & Beyond, Inc. Art For The Soul
210 Marine Avenue #A 210 Marine Avenue Ste. B
..Balboa Island, CA 92662 .. Balboa.lsland, CA 92662
Attention:
Hakone
211 Marine #A
Balboa Island, Ca. 92662
Attention: Howard Silver
Family T's
213 Marine Ave. Ste. A
Balboa Island, CA 92662
Attention:
The Passionate Collector
215 1/2 Marine Ave.
Balboa Island, Ca. 92662
Attention: Bernard Althaus
Basilic Restaurant
P O Box 463
Balboa Island, CA 92662
Attention: John Mehess DBA
Island Sea Shell Co
218 1/2 Marine Ave.
Balboa Island, CA 92662
Attention: Danielle Winchell
Cinnamon Roll Fair
220 Marine Avenue
Balboa Island, CA 92662
Attention: Nazaret Koyoumjian
Amore
211 Marine Avenue Balboa
Island, CA 92662
Attention: Alex Koyoumjian
Alex's Fashion Center
214 Marine Avenue
Balboa Island, CA 92662
Attention: Nazaret Koyoumjian
Rachel's
216 Marine Ave.
Balboa Island, CA 92662
,Attention: Jennifer Johnston
Our Gang's General Store
217 1/2 Marine Avenue
Balboa Island, CA 92662
Attention: Michelle Tingler
Classic Kids Photography
315 Lorton Avenue
Burlingame, CA 94010
Pizzeria Amici, Inc
220 Marine Ave.
Balboa Island, Ca. 92662
M SAVERY @5160®
Attention:
Coldwell Banker
201 Marine Avenue
Balboa Island, CA 92662
Attention: Debora Cawley
Wells Fargo Bank Lease Admin
1525 West T Harris Blvd.
Charolette, NC 28262 -8522
Attention: David Sabeer
Magnolia Charlie
209 Marine Ave.
Balboa Island, CA 92662
Attention:
Waterpointe Real Estate Group
210 Marine Ave. # D
Balboa Island, Ca.92662
Attention: Michel Brennan
Video 4 Social Media
211 1/2 Marine Ave.
Balboa Island, Ca. 92662
Attention:
Espirit Provence
215 Marine Avenue
Balboa Island, CA 92662
Attention: Mahsa Maali
Pas Tu Cafe
216 1/2 Marine Ave:
Balboa Island, CA 92662
Attention: Dorothea Lewis
Beach Time Realty
218 Marine Ave.
Balboa Island, CA 92662
Attention: david
David Paul Tardiff Designs
219 Marine Ave. # A
Balboa Island, Ca. 92662
Attention: John Noyes
J. Noyes Jewelers
221 Marine Avenue
Balboa Island, CA 92662
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Attention: Maryam Atabaki Attention: Audrey Saxon
Maryam's Salon Heart of the Island
221 Marine Ave. 222 Marine Avenue
Balboa Island, CA 92662 Balboa Island, CA 92662
r y7�q aAVERY ®5160®
Ciao Italian Restaurant
223 Marine Avenue
Balboa Island, CA 92662
Attention: Callie Kuhen Hamilton
Attention: Betti Bliss
Attention: Krissy Haiflich
5Five Seas Kids
Bliss Fine Florals
Rosey Toes 2
224 Marine Ave.
224 Marine Ave.
24 1/2 Marine Avenue
Balboa Island, Ca. 92662
Balboa Island, CA 92662
Balboa Island, CA 92662
Attention: John Allen
Attention: Cindy Sliva
Attention: Robin S Biggs
Tango Rose
Starbucks Coffee License Srvcs
Sandcastle
19495 Calle Juanito
. P.O. Box 34442,S -TAX2
226 Marine Ave.
Murrieta, CA 92562
Seattle, WA 98124 -1442
Balboa Island, CA 92662 .
Attention:
Attention: Pamela Hubbard
Attention: Debra Huse
Holiday Harbor Lighting Co.
The Persimmon Tree
Debra Huse Studio Gallery
229 Marine Avenue
229 Marine Avenue
229 Marine Avenue Ste. E
Balboa.lsland, CA 92662 -_.
Balboa l.sland, CA 92662
Balboa.lsland, CA- 92662
Attention:
Attention: Janeen Bodenhoefer
Attention: Joshus Pourgol
Shanghai Pine Garden
Balboa Candy
Bellacures
300 Marine Avenue
P.O. Box 4228
3.01 Marine Ave. # B
Balboa Island, CA 92662
Newport Beach, Ca. 92661
Balboa Island, Ca. 92662
Attention: Bob Stover
The Red Sail, Inc.
301 Marine Avenue #C
Balboa Island, CA 92662
Attention: Stephen Brazeel
SunTerra Produce Traders, Inc.
302 1/2 Marine Ave. Balboa
Island,.CA 92662
Attention: Giusepppe Galieta
Barolo By the Sea, Inc.
305 Marine
Balboa Island, Ca. 92662
Attention: April Cook
Sinfulicious 301 Marine Ave # D
Balboa Island, Ca. 92.662
Attention:
Sunny Days Retail Inc
P.O. Box 969
Corona Del Mar, Ca. 92625 -5969
Attention: Christine Hehir
Annette's Place
306 Marine Ave.
Balboa Island, Ca. 92662
Attention: Abdelnaser Shihaheh Attention: Edward Jones
Subject Clothing Edward D Jones & Co.
306 Marine Ave. # D 307 Marine Avenue
Balboa Island, Ca. 92662 Balboa Island, CA 92662
Attention: Eva Watson
Winston's Island Jewelers
307 Marine Ave.
Balboa Island, Ca. 92662
Attention: Murphy Curtis
Balboa Island Pilates
307 Marine #1
Balboa Island, CA 92662
Attention:
Tutti Frutti of Balboa Island
302 Marine Avenue
Balboa Island, CA 92662
Attention: Deanna Frieze
Sunny Days Retail, Inc.
-Fresh Produce Balboa Island
P.O. Box 969
Corona Del Mar, Ca. 92625
Attention`. Justin Ha
Heavenly Couture
306 Marine Ave.
Balboa Island, Ca. 92662
Attention: Courtney Ellis
Sydney Michelle, Inc.
307 Marine Ave.
Balboa Island, CA 92662
Attention: Victor Sommers
Andiamo Hair
307 Marine Ave. Ste. 4
Balboa Island, CA 92662
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Attention: may Farah
Balboa Island Diamonds
307 Marine Ave # 7
Balboa Island, Ca. 92662
Attention: Helen Connolly
Sugar N Spice
310 Marine Ave.
Balboa Island, CA 92662
Attention: John Noyes
Island Home
313 Marine Avenue
Balboa Island, CA 92662
Attention: Yan
Dad's Donut Shop & Bakery
318 Marine Avenue
...Balboa Island,. CA 92662....
Attention: Martin Diaz Puente
Picante Martin's
320 Marine Ave. Ste. B
Balboa Island, CA 92662
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Attention: Deborah Nelson
Just Basics
308 Marine Ave.
Balboa,lsland, CA 92662
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Attention:
Martha's Bookstore
308 1/2 Marine Avenue
Balboa Island, CA 92662
Attention: John & Hetty Robinson Attention: Karen Adler Shelton
Amelia's Restaurant Etcetera, Etc.
311 Marine Ave. 312 Marine Avenue
Balboa Island, CA 92662 Balboa Island, CA 92662
Attention: Donald Abrams
Abrams Coastal Properties
315 Marine Avenue
Balboa Island, CA 92662
Attention: Craig Watson
A & M Accountancy
319 Marine Ave. # 205
Balboa Island, Ca. 92662 .
Attention: Mehmet Ulukan
Rimini Export Import DBA Zeki
321 Marine Ave.
Balboa Island, Ca. 92662
Attention: Robert Tanner
Crushtique
317 Marine Avenue
Balboa Island, CA 92662
Attention: Stacey
Candlessence
319 Marine Ave. # A
.Balboa Island, CA 92662
Attention: Sharon Tarpo
Sculptures of Balboa
321 Marine Avenue
Balboa Island. CA 92662
Attention: Terri Sjodin
Attention: Lora Vance
Attention: Tamee
Sjodin Communications
Lora Vance Realty
Candace Paige Boutique
322 Marine Ave. Ste. C
324 Marine Ave.
324 Marine Avenue #A
Balboa Island, CA 92662
Balboa Island, CA 92662
Balboa Island, CA 92662
Attention: Steve Bode
Attention: Shirley Gill
Attention: Moe Behrooza
Quinn the Eskimo
Shirley's Heart
0 C Couture
324 Marine Avenue #B
325 Marine Ave.
326 Marine Ave.
Balboa Island, CA 92662
Balboa Island, CA 92662
Balboa Island, Ca. 92662
Attention: Claudia Natasa
Peace Frogs
326 Marine Avenue #B
Balboa Island, CA 92662
Attention: Dawn Klohs
Amarees on the Island
332 Marine Avenue
Balboa Island, CA 92662
Attention: Diane Bren
Diane Bren
333 Marine Avenue #8
Balboa Island, CA 92662
Attention:
Ornate Home LLC
327 Marine Avenue
Balboa Island, CA 92662
Attention:
HOM Real Estate Group
332 Marine Ave.
Balboa Island, Ca. 92662
Attention: Richard Higbie
Richard A. Hibgie
333 Marine Avenue #8
Balboa Island, CA 92662
Attention: Pam Schmider
Bauble on Balboa
329 Marine Ave.
Balboa Island, Ca. 92662
Attention: Howard Lowy
Accent Interior Designs
P 0 Box 328
Balboa Island, CA 92662
Bank Of America
1655 Grant St. Bldg. A 10th Floor
Concord, CA 94520
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PROOF OF
PUBLICATION
STATE OF CALIFORNIA) .
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a.
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the'
following date(s): I
Saturday, May 4, 2013
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on May 7, 2013
at Los Angeles, California
2013 tlA'!' I D ,u,' II: d
A RESOLUTION OF�THE �
' CITY�COUNCIL'OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENTION
TO DISESTABLISH THE MARINEAVENUE BUSINESS
IMPROVEMENT DISTRICT AND TO HOLD A PUBLIC
HEARING,
WHEREAS, the Parking and Business Improvement Area Law 01'1989 (California Streets.
and Highways Code;Secdons 36500 at seq.) ( "Act ") authorizes cities to establish, parking
and business, Improvement areas for the purpose of, imposing assessments on businesses .
for +certain. actvlties;
' • WHEREAS; on October 19; 1995, the City Council of thecity of Newport Beach (Tity")
adopted Ordinance': No. 95 -50 establishingithe Marine Avenue Business imerovement ,District
yWHEREAS, the assessments collected on behalf of the BID; by the City has enabled the
BID'to provide promotion, markehng,andladvertising opportunities along.with.generalpublic
areaimproverm nts and maintenance programs within the BID;
WHEREAS „fhe`Acl requires e
uires thaach year,the activities _ boundaries, and assessments
of,the BID be reviewed by the BID's Advisory Board for purposes'of making recommendations
toil he[C ityrCounc ii;
WHEREAS, on January 17, 2013, the BID's Advisory Board voted to recommend that the
Clly Councilydisestablish the BID in "order to,allow the businesses,withm [_he'BIDto form an
_independent,merchant association ; and
'WEREAS,.pursuant to California Streets and Highways!Code Seclion 36550, the City is
requiretllo adopt this resolution of mtedtiod to disestatillsh the BI,D pgior toholding a public
hearing . and,the atlopbon of an ordinance formally disestablishing 1hetBID..
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
operalive,part of.this resolution:
. Section?; The City Council,declaresitsntention to disestablish' the BID.
Section3an .accordance with the California ' Streets and Highways Code Section 36550(b),
should the BID be disestablished, any. assets acquired with the revenues from the assessments
Streets and Highways Code Section 36551(a) any remaining revenues derived from the levy of
assessmenisor.the'sale of assets,lif any, shall beaefunded to businesses within the 91D that
have paid their annual assessment by applying the same method and basis that was used;to
calculate the most recent, assessment levied on businesses within the BID.
Section* Pursuenfto CalifomiaStreets and Highways 6ode.Becllon 36550(b); an Tuesday,
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, apu6lic' hearing
shall beheld by the Cily Council onTeldisesta- Rshment,of the BID.
of the public
intention by
ATTEST:
,,//'' Al Leilam I. Brown
OW4A — — __ City.Clerk
Signature
at,least seven
1 by mailing :a
iflon.
its adoption by,the'City
/a/,Keith D..,Cu,rry; Mayor