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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 s 8AY'FRONT'ALLEY'N LLEY NH H n1 m F0.ONT w se u• w av °6 •� >r Hi In xn ] w m u: 1n ••l '°" J ° Jrlr Ha 1Y fry lH llv 'rs V 'Ht O ` ' be , an EtJ I:• 1116 ir1 �u ° iltfri Z R L'' `'11 314 / It• ]It it] VIS .I. ]IS • +ILi• Q 114 ]lo '' H4 ]le itn It. LIV in Q y, e p r Cinf, r, w r4 ] � lw m b4 m° � - � • H4 Z ABALONE PL N� - '• b. n. n4 .4 b. M Hr v, n � e - � i su BALBOA AVE U BALBOA AVE �A m:1. 6 ua2s � ui w vu z ne nu 4 x ale $ m - •4 l n4 e . z u n fn O nQ ar n4 il, J16 au n'' »a p ra in xr1 0• i 4 T4 ],p xle a ne m4 How w ]N, d > PARK AVE •y iza a ' In m U .+ n. IJ. .,e •u xa a' vu nl•n w nx 40 o Iro w ..4 n4 tx4 tm liv H4 .» u. Ile ue v4 - 41 u4 m Ili 1.. I1,. 14 rti II] t1x "I I1J Iti 1.4 I4/ IVf tvl BAY FRONT ALLEY B rx 4 et w 1gg4u .xTBAY FAONT -ILL i 86me68 88 §se- h §ld8s dh E.'y..E_A^AY•_�_" i5 d5 yNI �;•3: 9° P 1 I € 4 g n 150 300 450 Feet Name BID _Manne Ave Marine Avenue Business Improvement District 94 Y 11 pAS 1 i0 FO N a j _ j .�N s 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) tasy reel laDels Use Avery® TEMPLATE 51606 L� 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 i A See Instruction Sheet i dFeed Paper for Easy Peel Feature i 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 Etiquettes faciles A peler A `�/� Mari Gonsuitez la feuille www.avery.com laIUtilisez le gabarit AVERY® 51600 Sens de chargement ` r i I `t d'instruction 1- 800 -GO -AVERY Illy ree, Leoeu ����J 0 5ee Instruction Sheet i Use Avery® TEMPLATE 51600 [tR 'Feed Paper for Easy Peel Feature 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 ttiquettes faciles A peler A �7 Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 51600 Sens de chargement O' I r it d'instruction 1- 800 -GO -AVERY coax reel Laucm Use Avery® TEMPLATE 51600 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 e ® See Instruction Sheet i iFeed Paper for Easy Peel Feature i Attention: Deborah Nelson Just Basics 308 Marine Ave. Balboa,lsland, CA 92662 n QAVERY®5160 I n 1 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 ttiquettes faciles a peler ♦ Nan' vu la feuille www.avery.com Utilisez le gabarit AVERY® 51600 Sens de chargement a' I y u(, 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): 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