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HomeMy WebLinkAbout05 - CdM BID Advisory BoardCITY OF NEWPORT BEACH City Council Staff Report July 8, 2014 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager— (949) 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Mary Locey, Public Information Specialist PHONE: 949- 644 -3031 TITLE: Resolution No. 2014 -57, A Resolution to Increase the Corona del Mar Business Improvement District's Advisory Board from Seven to Nine Members ABSTRACT: The Corona del Mar Business Improvement District (Corona del Mar BID) Advisory Board has requested the City Council's approval to increase the number of board members from seven to nine. RECOMMENDATION: Adopt Resolution 2014 -57, A Resolution of the City Council of the City of Newport Beach Amending Resolution No. 97 -50 to Increase the Corona del Mar Business Improvement District's Advisory Board from Seven to Nine Members. FUNDING REQUIREMENTS: No Fiscal Impact. DISCUSSION: The Corona del Mar Business Improvement District (Corona del Mar BID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (1989 Law), codified in Streets and Highways Code Sections 36500 et seq., for the purpose of financing activities and programs to benefit businesses located and operating in the area. The Corona del Mar BID territory encompasses the area generally located along East Coast Highway in CdM from Hazel Drive to Avocado Avenue in Corona del Mar. The City Council has the authority to appoint an advisory board to the Corona del Mar BID. The City may limit membership on the advisory board to persons subject to the BID assessment. The board that serves the Corona del Mar 1989 Business Improvement District is different and distinct from other advisory bodies within the City and is not appointed in the same manner. The City relies upon the Streets and Highways Code for BID board appointments rather than Council Policy A -2. In June 1997, the City Council declared its intent to establish the Corona del Mar BID by adopting Resolution No. 97 -50. Resolution 97 -50 limits the number of advisory board members to seven. The advisory board members duties include directing the Corona del Mar BID activities; making annual recommendations to the City Council regarding expenditures of the benefit assessments, classification of businesses, and the method and basis of levying assessments; and allocating specific expenditures within the overall budget framework established by the City Council. 33 Nine applications for board appointments were received during the annual filing period in May 2014. This was the first time that the Corona del Mar BID received this level of response to its annual call for board applications. Recognizing that new members could provide new ideas and energy to the board, two existing board members opted to step down and remove their names from being considered for reappointment in May. The Board generally agreed that the inclusion of the two new members, plus the two longer -term members, would ultimately be the strongest Board composition. They opted to recommend the two new members for Council appointment on May 27 and then begin the process to get Council's approval to expand the Board and reappointment of the other two members. At its June 26 meeting, the Corona del Mar BID Board approved a motion to request the City Council amend Resolution 97 -50 to increase the advisory board to nine members. In addition, at the same meeting the board approved a revision to its bylaws that would increase the number of members to nine. These new bylaws would take effect immediately following the City Council's adoption of Resolution No. 2014 -57 to increase the Corona del Mar BID's Advisory Board from seven to nine members (Attachment A). Therefore, City staff is recommending adoption of Resolution 2014 -57, a Resolution to increase the Corona del Mar Business Improvement District's Advisory Board from seven to nine members. If approved, the City Clerk will advertise the vacancy announcement for the two open board positions. Then the Corona del Mar BID Board will nominate two applicants for appointment by the City Council at its August 12 meeting. 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: Description Attachment A - Resolution No. 2014 -57 34 ATTACHMENT A RESOLUTION NO. 2014 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING RESOLUTION NO. 97 -50 TO INCREASE THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT'S ADVISORY BOARD FROM SEVEN TO NINE MEMBERS WHEREAS, the Corona del Mar Business Improvement District ( "BID ") was established pursuant to the Parking and Business Improvement Area Law of 1989, codified in California Streets and Highways Code Sections 36500, et seq. to benefit member businesses; WHEREAS, the BID is managed by an Advisory Board that is appointed by the City Council; WHEREAS, Resolution No. 97 -50 limits the BID's Advisory Board to seven (7) members; and WHEREAS, on June 26, 2014, the BID's Advisory Board formally requested the City Council expand its membership from seven (7) to nine (9) members. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends Resolution No. 97 -50, in part, to increase the BID's Advisory Board from seven (7) to nine (9) members. Section 2: The recitals provided in this resolution are true and correct and are hereby incorporated into the substantive portion of this resolution. Section 3: 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 8th day of July, 2014. Rush N. Hill, II Mayor ATTEST: Leilani I. Brown City Clerk 35