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Home My WebLink About11 - Formation of Ad Hoc Committee on Business Improvement DistrictsPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN June 11, 2019 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Mary Locey, Administrative Analyst, mlocey@newportbeachca.gov PHONE: 949-644-3031 TITLE: Resolution No. 2019-53: Formation of Ad Hoc Committee on Business Improvement Districts ABSTRACT - At its May 28, 2019 meeting, the City Council requested the creation of an Ad Hoc Committee on Business Improvement Districts. The attached resolution will establish the Committee and the Mayor has provided her recommendations on the membership of the Committee. 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; b) Adopt Resolution No. 2019-53, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee on Business Improvement Districts; and c) Confirm Mayor Diane Dixon's appointments of Council Member Joy Brenner and Council Member Jeff Herdman to the Ad Hoc Committee on Business Improvement Districts. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On May 28, 2019, Mayor Diane Dixon requested the formation of a Business Improvement District (BID) working group comprised of two Council Members and City staff to review and define how the City's two 1989 Law BIDs — the Corona del Mar BID and the Newport Beach Restaurant Association BID — align with Council priorities. The Committee will also consider the request of $40,000 in City funding support for each BID. Resolution No. 2019-55: Formation of an Ad Hoc Committee on Business Improvement Districts June 11, 2019 Page 2 It is estimated that the Ad Hoc Committee will return to the City Council with its findings and any recommendations in September 2019. In accordance with City Council Policy A-2 Boards, Commissions and Committees, the Mayor has proposed the Ad Hoc Committee be comprised of Council Member Joy Brenner, Council Member Jeff Herdman, and City staff. The Ad Hoc Committee would sunset upon submitting its recommendations to the entire City Council or on December 31, 2019, whichever occurs first. 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). ATTACHMENT: Attachment A — Resolution No. 2019-53 11-2 ATTACHMENT A RESOLUTION NO. 2019-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD HOC COMMITTEE ON BUSINESS IMPROVEMENT DISTRICTS WHEREAS, a Business Improvement District is a program of a city under which a city may levy an assessment against businesses or properties to fund services or improvements that benefit such assessed businesses or properties; WHEREAS, the City of Newport Beach ("City") established the Newport Beach Restaurant Association Business Improvement District ("NBRA Bid") in 1995 by Ordinance No. 95-55, pursuant to the Parking and Business Improvement Area Law of 1989, California States and Highways Codes, Section 36500 et seq., (1989 Law"), WHEREAS, the City established the Corona del Mar Business Improvement District ("CdM Bid") in 1997 by Ordinance No. 97-24, also pursuant to the 1989 Law; WHEREAS, at a City Council meeting on May 28, 2019, the City Council was presented with a recommendation from staff to renew the levy assessments for both the NBRA Bid and CdM Bid (collectively referred to herein as "BIDS") for the fiscal year of July 1, 2019 to June 30, 2020, and to approve a commitment of $40,000.00 in City funding support for each of the BIDS; however, the City Council continued the items to the June 11, 2019 City Council Meeting to deliberate further; and WHEREAS, the City Council desires to create an Ad Hoc Committee on Business Improvement Districts, comprised of two (2) Council Members, to review and determine whether the BIDS are aligned with the City Council's priorities, including the City's funding support of same, and to make a recommendation to the entire City Council in regards thereto. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates an Ad Hoc Committee on Business Improvement Districts, comprised of two (2) Council Members appointed by the Mayor and confirmed by the entire City Council. The limited purpose and responsibility of the Ad Hoc Committee on Business Improvement Districts shall be to review and determine whether the NBRA Bid and CdM Bid, including City's funding support of same, are aligned with the City Council's priorities, and make a recommendation to the entire City Council in regards thereto. Section 2: The Ad Hoc Committee on Business Improvement Districts shall be an advisory committee and shall expire upon making a recommendation to the entire City Council or December 31, 2019, whichever occurs first. 11-3 Resolution 2019 - Page 2 of 2 Section 3: The Ad Hoc Committee on Business Improvement Districts shall not be subject to the Brown Act, however, the recommendation of the Ad Hoc Committee on Business Improvement Districts shall be considered at a noticed and public hearing by the entire City Council. Section 4: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 6: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: 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 11th day of June, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 11-4