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HomeMy WebLinkAbout09 - Appointment to the CdM Improvement District Advisory Board of Directors�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report July 11, 2017 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk - 949-644-3005, (brown@newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk TITLE: Appointment to the Corona del Mar Business Improvement District Advisory Board of Directors ABSTRACT: California Streets and Highways Code Sections 36500 et seq., grants the City Council the authority to appoint an advisory board for the Corona del Mar Business Improvement Districts (CdM BID), which was formed under the Parking and Business Improvement Area Law of 1989. Currently, there are two vacancies on the CdM BID's Advisory Board of Directors and one nominee for City Council appointment. 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; and b) Appoint Ernie Caponera, representing Newport Properties, as the eighth member to the CdM BID Advisory Board of Directors for the remainder of FY 2017-2018. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The CdM BID was formed pursuant to the Parking and Business Improvement Area Law of 1989, codified in Streets and Highways Code Sections 36500 et seq. The CdM BID's territory encompasses the area generally located along East Coast Highway from Hazel Drive to Avocado Avenue in Corona del Mar. 9-1 CdM BID Advisory Board of Directors Appointment July 11, 2017 Page 2 The City Council has the authority to appoint an Advisory Board to the CdM BID. The City Council may limit membership on the Advisory Board to persons subject to the CdM BID's assessment. The Advisory Board that serves the CdM BID is different and distinct from other advisory bodies within the City of Newport Beach (City) and is not appointed in the same manner. City Council Policy A-2 Board, Commission and Committee Appointments directs the City Council to the Streets and Highways Code for BID Advisory Board appointments. At the June 13, 2017 City Council meeting, the City Council appointed seven members to the CdM BID Advisory Board. Pursuant to the Maddy Act, the City Clerk prepared and posted a Notice of Vacancy on April 4, 2017, in the City Clerk's Office, at the Central Library, on the City's webpage, and on the bulletin board located in the City Council Chambers; and published the Notice of Vacancy in the Daily Pilot on April 16, 2017. It is the CdM BID Advisory Board's desire to fill the vacancy for the FY 2017-2018 term, ending June 30, 2018. At its June 22, 2017 meeting, the CdM BID Advisory Board reviewed the applications on file and recommends the City Council appoint Ernie Caponera, representing Newport Properties, to the CdM BID Advisory Board of Directors for FY 2017-2018. The CdM BID Advisory Board is continuing to promote the one additional open seat to its members. Should a BID member submit an application the Board will consider the nomination for City Council appointment at a future 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) and the Maddy Act. ATTACHMENTS: None 9-2