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HomeMy WebLinkAbout13 - Disestablishment of Balboa Village BIDagW PART CITY OF i NEWPORT BEACH City Council Staff Report Agenda Item No. 13 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:,IC. u TITLE: Ordinance No. 2013 — 13 Disestablishing the Balboa Village Business Improvement District ABSTRACT: In late 2012, the Central Balboa Business Improvement District, a.k.a., the Balboa Village 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- 13,an ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95 -4 and Ordinance No. 98 -4 and Disestablishing the Central Balboa Business Improvement District, a.k.a the Balboa Village 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 for its marketing efforts. Ordinance No. 2013 — 13 Disestablishing the Balboa Village Business Improvement District May 14, 2013 Page 2 DISCUSSION: The Balboa Village 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 Balboa Village BID's territory encompasses the area between A Street and Coronado Street on the Balboa Peninsula. (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 developed 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 November 13, 2012 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 26th 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 -37, 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 -13 would be effective on June 30, 2013. Ordinance No. 2013 — 13 Disestablishing the Balboa Village 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 _ ky U)ir—'� -PVV Tara Finnigan %^ Public Information Manager Attachment: A. Boundary Map for the Balboa Village Business Improvement District B. Resolution No. 2013 -37 C. Proposed Ordinance No. 2013 -13 0 150 300 450 ��l Feet Name BID-Balboa-Village r J P "Yq rPH \® C // P q� �P i 8 , �I iyy .CI \r.RY Balboa Village Business Improvement District kOF s Y r J P "Yq rPH \® C // P q� �P i 8 , �I iyy .CI \r.RY Balboa Village Business Improvement District kOF s RESOLUTION NO. 2013 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO DISESTABLISH THE CENTRAL BALBOA BUSINESS IMPROVEMENT DISTRICT, A.K.A. THE BALBOA VILLAGE 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 February 27, 1995, the City Council of the City of Newport Beach ( "City's adopted Ordinance No. 95 -4 establishing the Central Balboa Business Improvement District, a.k.a. the Balboa Village 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 November 13, 2012, 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 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 wthin 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 this resolution. ADOPTED this 23rd day of April, 2013. W� Keith D. Curry, Mayor ATTEST: v""t Leilani I. Brown, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 201337 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 9" 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 24h day of April, 2013. V 1 USX, ' UIV 1 v City Clerk Newport Beach, California (Seal) ORDINANCE NO. 2013 -13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REPEALING ORDINANCE NO. 95 -4 AND ORDINANCE NO. 98 -4 AND DISESTABLISHING THE CENTRAL BALBOA BUSINESS IMPROVEMENT DISTRICT, A.K.A. THE BALBOA VILLAGE 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 February 27, 1995, the City Council of the City of Newport Beach ( "City') adopted Ordinance No. 95 -4 establishing the Central Balboa Business Improvement District, a.k.a. the Balboa Village Business Improvement District ( "BID "); WHEREAS, on March 23, 1998, the City Council of the City adopted Ordinance No. 98 -4 that modified the basis for levying assessments in the BID; WHEREAS, on November 13, 2012, 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 -37 ( "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, Califomia, 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 -4 and Ordinance No. 98 -4 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 Central Balboa Business Improvement District, a.k.a. the Balboa Village 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 14"' day of May, 2013, and adopted on the 28`h day of May, 2013, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: KEITH D. CURRY LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: C77- OFFI - HARP, CITY ATTORNEY CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC April 29, 2013 Re: Disestablishing the Balboa Village 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 Balboa Village 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 at 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 encompasses the area between A Street and Coronado Street on the Balboa Peninsula. 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 -37) 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 bid!nfoCcDnewportbeachca.gov or 949- 644 -3002. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 - www.cify.newport- beach.ca.us RESOLUTION NO. 2013 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO DISESTABLISH THE CENTRAL BALBOA BUSINESS IMPROVEMENT DISTRICT, A.K.A. THE BALBOA VILLAGE 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 February 27, 1995, the City Council of the City of Newport Beach ( "City ") adopted Ordinance No. 95 -4 establishing the Central Balboa Business Improvement District, a.k.a. the Balboa Village 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 November 13, 2012, 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 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 this resolution. ADOPTED this 23rd day of April, 2013. Keith D. Curry, Mayor ATTEST:%�5y Eeilani 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 -37 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 91h 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. 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Box 644 PO Box 4259 Newport Beach, Ca. 92661 -0644 Balboa, CA 92661 Attention: Jason Pendergraph Electric Tattoo 609 E. Balboa Blvd. Balboa, CA 92661 Attention: Lh Hang Thile Natural Nails by Daisy 615 E. Balboa Blvd. Balboa, CA 92661 Attention: Be Tran Fancy Nails BB Salon 701 E. Balboa Blvd. #B Balboa, Ca. 92661 Attention: Kim Kano Pacific Rim Rest LLC, DBA Oceanside Diner 704 E. Balboa Blvd. Balboa, Ca. 92661 Attention: Jim Fournier Balboa Gallery 705 E. Edgewater Balboa, Ca. 92661 Attention: M. Tewari Bella Luna Cafe 707 E. Ocean Front Balboa, CA 92661 Attention: Aaron Batley Attention: Baywalk Lc Baywalk, Inc. DBA Balboa Realty Bungalow Basics 709 East Balboa Blvd. 709 E. Balboa Blvd. # Balboa, Ca. 92661 Balboa Ca. 92661 ttiquattes faciles a peter A V Utilisez le gabarit AVERY@ 51600 Sens de chargement Attention: Richard Burke Segway Orange County 611 E. Balboa Blvd. Balboa, CA 92661 Attention: Paul Langone Pavilion, Inc. 700 E. Balboa Blvd. Balboa, CA 92661 Attention: Chris Maddy Pizza Pete's 701 E. Edgewater Ave. Balboa, CA 92661 Attention: Steven Heiberger Balboa Beach Treats, LLC 704 E. Edgewater Ave. Balboa, CA 92661 Attention: Kent Maddy Bay Arcade, Inc. 706 East Bay Avenue Balboa, CA 92661 Attention: Tina Quiroz Tacos Cancun 707 E. Ocean Front # B Balboa, Ca. 92661 Attention: Amy Adams Psychic Boutique 709 E. Edgewater Ave. Balboa, CA 92661 Consultez la feuille www.averycom d'instruction 1- 800 -GO -AVERY tasy "eel LaDe1S Use Avery® TEMPLATE 51600 Attention: Jachin Loi Balboa Eyewear 710 E. Balboa Blvd. Balboa, CA 92661 Hi V i a See Instruction Sheet i iFeed Paper for Easy Peel Feature i Attention: Yen Kim Luong Glamour Beauty & Nails 714 E. Balboa Blvd. Ste. E Balboa, CA 92661 Tasty Brands LLC, DBA Cote Dazure 711 E. Balboa Blvd. Balboa, CA 92661 Attention: Mike Martin Balboa Pharmacy 716 E. Balboa Blvd. Balboa, CA 92661 �AVERWst6oe d Attention: B Jiyarom Mint Leaf 712 E. Balboa Blvd. Balboa, Ca.,92661 Attention: D. Bonadonna Shore House Cafe, Inc 801 E. Balboa Blvd. Balboa, CA 92661 ttiquettes faciles 6 peler A t� \ Consultez la feuille www.avery.com Utilisez le gabarit AVERY@ 5160® Sens de chargement i J v d'instruction 1- 800 -GO -AVERY 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): 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 r 2013 PAY 13 Am I!: s? RESOLUTION too. 2637 A RESOL"UTION''OF THE CITY COUNCIL OF T HE CITY OF NEWPORT" BEACH DECLARING'ITS INTENTION TO DISESTABLISH THE CENTRAL BALBDA BUSINESS IMPROVEMENT DISTRICT, AAA: 1HE;BALBOA +PILLAGE BUSINESS IMPROVEMENT DISTRICT,AND . TO HOLD A PUBLIC HEARING WHEREAS, the Parkingg, and Business Improvement Area Law of 1989 (California Streets and Highwa Code Sections 36500 at seq.) ( "Act ") ''authorizes cities to establish parking, and business improvemem aie'; fosthe,purpose;of imposing assessments on businesses foncertain,activites; WHEREAS, on February 27,1995; the City Council of theiG ty� f, Newport. Beach Qq ty' ado Ordinance No. 95-4 esmblishin ffie Central Balboa Business Improvement Distnct,�a.k:a. the Balboalvilla( Business Improvement District 'BID"); - WHEREAS, the assessments collected on behalf of the B ID, by, the, City has enabled the 810�10 provli promotion, marketing and advertising opportun¢ies alongkbgeneralrpublic'area improvements' and malmenam programs .withlntheBID; - - -I WHEREAS, the Act requires that each,yaar, the,adivities,dioundaries, ad assessments of th B l reviewed by the BID's Advisory Board for purposes of making recommendations to the City Council; I 'WHEREAS, pursuant to California Streets,and,Highways Code,'Section 36550, the q Is required;! radopt this resolution of intention to disestablish the,BIQ pnor to holdlig aipublic hearing and Ilie adoptlo0t 'an ordinance. formally disestablishing [he BID. - 'NOW, THEREFORE, the City Councilrofthe City of Newport Beechlresoives as follows: Section.,1: The recitals provided above are true and correctia_n Lare incorporated mtaAe operath part of this .resoiut on. Secticn2 The City Council dsdaresits ,invention todisestablishbe.81D. 2013 Section 5: ADOPTED this 23rd day of April; 2013. [ATTEST-: if 'r i 1. Brown, Cikcrek Signature on th upon ,its..adoptionbythe;City;Council and th /a/ Keith D. Curry, Mayor