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HomeMy WebLinkAbout10 - Appointment to NBRA BIDCITY OF F NEWPORT REACH " City Council Staff Report October 14, 2014 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk — (949) 644 -3005, (brown @newportbeachca.gov PREPARED BY: Cristal McDonald, Deputy City Clerk PHONE: (949) 644 -3005 TITLE: Confirmation of Appointment to the Newport Beach Restaurant Association Business Improvement District (NBRA BID) ABSTRACT: The California Streets and Highways Code Sections 36500 et seq., grants the City Council the authority to appoint an advisory board for Business Improvement Districts ( "BID ") formed under the Parking and Business Improvement Area Law of 1989. On May 27, 2014, the City Council appointed 10 applicants to the Newport Beach Restaurant BID ( "NBRA BID ") Advisory Board of Directors for FY 2014 -2015. The NBRA BID bylaws allow up to 11 members. RECOMMENDATION: Appoint Catherine Pavlos as the 11th member to the NBRA BID Advisory Board of Directors for FY 2014- 2015. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The City Council has the authority to appoint an Advisory Board to the BID. The City may limit membership on the Advisory Board to persons subject to the BID assessment. The Advisory Board that serves the Newport Beach Restaurant Association's 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. The NBRA BID Advisory Board's bylaws allow up to 11 members. On May 27, 2014, the City Council appointed 10 individuals to the NBRA BID Advisory Board of Directors for FY 2014 -2015, at that time only 10 applications were received. 10 -1 It is the NBRA BID Advisory Board's desire to fill the 11th vacancy on the Board of Directors for the remaining FY 2014 -2015 term, ending June 30, 2015. On August 18, 2014, the City Clerk's Office posted a Notice of Vacancy on the City's website, the Council Chambers vestibule, the electronic digital board, and at the Central Library. On August 23, 2014, the City Clerk's Office published a Notice of Vacancy in the Daily Pilot. The City Clerk had 1 application on file. At its September 24, 2014 meeting, the NBRA BID Board reviewed the application and is recommending that the City Council appoint Catherine Pavlos, Provenance Restaurant, to the NBRA BID Advisory Board of Directors for FY 2014 -2015. ENVIRONMENTAL REVIEW: 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). 10 -2