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"` � P City Council Staff Report Agenda Item No. 17
August 14, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Tara Finnigan, Public Information Manager
APPROVED: a
TITLE: Business Improvement Districts Fiscal Year 2012 — 2013 Advisory
Board Appointments
ABSTRACT:
California Streets and Highways Code Sections 36500 et seq., grants the City Council
the authority to appoint an advisory board for Business Improvement Districts (BIDs)
formed under the Parking and Business Improvement Area Law of 1989 (1989 Law).
The Newport Beach Restaurant Association, Marine Avenue, and Balboa Village BIDs
were renewed by the City Council on June 26, 2012 for Fiscal Year 2012 - 2013.
Consequently, the City Council may appoint advisory board members to serve the BIDs
for Fiscal Year 2012 - 2013.
RECOMMENDATIONS:
1) Appoint the following persons to serve on the Newport Beach Restaurant
Association BID Advisory Board of Directors for FY 2012 - 2013:
Jim Walker
The Bungalow Restaurant
Sheri Drewry
Wilma's Patio
Nicole Hay
21 Oceanfront
John Robinson
Amelia's Seafood & Italian Restaurant
Ali Zadeh
Port Restaurant
Tony Motakef
A Restaurant
Eldy Galietta
Barolo By The Sea
Thomas Giulioni
Back Bay Bistro
Jim Columbo
The Five Crowns Restaurant & Side Door
David Salisbury
Harborside Restaurant & Grand Ballroom, Newport
Landing Restaurant
Business Improvement Districts Fiscal Year 2012 — 2013 Advisory Board Appointments
August 14, 2012
Page 2
Miguel Rodriguez Mastro's Ocean Club
Ronald Schwartz Muldoon's Irish Pub
Sam Tila Royal Thai Cuisine
2) Appoint the following persons to serve on the Marine Avenue Association BID
Advisory Board of Directors for FY 2012 - 2013:
Sheri Drewry
Wilma's Patio
John Robinson
Amelia's Seafood & Italian Restaurant
Alex Robinson
Posh Events
Daniel Miller
CLK Island Properties
3) Appoint the following, additional persons to the previously approved Balboa Village
BID Advisory Board of Directors for FY 2012 - 2013:
David Salisbury Harborside Restaurant
Landing Restaurant
Henk Wiessner Fun Zone Boats
FUNDING REQUIREMENTS:
& Grand Ballroom, Newport
The City of Newport Beach (City), or its approved designee, collects the member
assessments on behalf of the BIDs and remits the monies back to the BIDs for funding
the activities listed in their annual reports to the City Council. In addition to the
assessments collected, the City's adopted FY 2012 -2013 budget includes sufficient
funding for providing matching funds to each BID.
DISCUSSION:
The Newport Beach Restaurant Association BID, Marine Avenue BID and Balboa
Village BID were formed pursuant to the 1989 Law, codified in California Streets and
Highways Code Sections 36500 et seq. The BIDs finance activities and programs to
benefit businesses located and operating within the established area of each BID. The
City Council renewed the BIDs for one -year terms (through June 30, 2013) at its June
26, 2012 meeting.
The City Council has the authority to appoint an advisory board for each BID and may
limit membership on the advisory board to persons that are subject to the BID
assessment. The BID advisory boards are different and distinct from other advisory
bodies within the City and are not appointed in the same manner. The City relies upon
the Streets and Highways Code for BID board appointments rather than City Council
Policy A -2. In addition, because the BIDs are renewed annually, the advisory board
members must also be appointed annually, after the BID renewals.
Business Improvement Districts Fiscal Year 2012 — 2013 Advisory Board Appointments
August 14, 2012
Page 3
The proposed Newport Beach Restaurant Association BID and Marine Avenue BID
advisory board appointments for FY 2012 - 2013 are included above, in the
Recommendations section. Although there are four members recommended for the
Marine Avenue BID Advisory Board, its bylaws allow up to seven members. Efforts are
underway to recruit members to fill the three board vacancies and staff anticipates
retuming to the City Council with additional recommendations later this year.
On June 26, the City Council appointed five members to the FY 2012 - 2013 Balboa
Village BID Advisory Board. Its bylaws allow up to seven board members and additional
BID members have recently expressed interest in serving on this advisory board. The
board's president and vice president have requested the City Council's consideration of
two additional appointments - David Salisbury and Henk Wiessner - to fill the existing
vacancies and serve on the advisory board this fiscal year.
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 the item).
Submitted by
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Tara Finnigan U
Public Information Manager