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HomeMy WebLinkAbout2016-79 - Confirming the Levying of Assessments for the Fiscal year of July 1, 2016 to June 30, 2017 for the Newport Beach Restaurant Association Business Improvement DistrictRESOLUTION NO. 2016-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CONFIRMING THE LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF JULY 1, 2016 TO JUNE 30, 2017 FOR THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT WHEREAS, on May 24, 2016 the Newport Beach Restaurant Association Business Improvement District annual report and budget was filed and approved by the City Council; WHEREAS, on May 24, 2016 the City Council adopted a Resolution of Intention (No. 2016-64) declaring the intention to levy assessments for the Newport Beach Restaurant Association Business Improvement District for fiscal year July 1, 2016 to June 30, 2017; and WHEREAS, on June 4, 2016 the City Clerk published Resolution No. 2016-64 declaring the City Council's intention to levy assessments for the Newport Beach Restaurant Association Business Improvement District for fiscal year July 1, 2016 to June 30, 2017; and WHEREAS, a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District was held on June 14, 2016 without a majority protest. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby confirms the levy of assessments as described in the Resolution of Intention, dated May 24, 2016, for the Newport Beach Restaurant Association Business Improvement District for the fiscal year July 1, 2016 to June 30, 2017. Section 2: 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2016-79 Page 2 of 2 Section 3: 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 4: 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 141h day of June, 2016. Diane B. Dixon Mayor AT,T,/E��S�T:: �J 6pyk,— Leilani I. Brown City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2016-79 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 141h day of June, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the official seal of said City this le day of June, 2016. Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)