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RESOLUTION NO. 2018-45 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, CONFIRMING THE <br />LEVYING OF ASSESSMENTS FOR THE FISCAL YEAR OF <br />JULY 1, 2018 TO JUNE 30, 2019 FOR THE NEWPORT <br />BEACH RESTAURANT ASSOCIATION BUSINESS <br />IMPROVEMENT DISTRICT <br />WHEREAS, on June 12, 2018 the Newport Beach Restaurant Association <br />Business Improvement District ("NBRA BID") annual report and budget was filed and <br />approved by the City Council; <br />WHEREAS, on June 12, 2018 the City Council adopted a Resolution of Intention <br />(No. 2018-27) declaring the intention to levy assessments for the NBRA BID for fiscal <br />year July 1, 2018 to June 30, 2019; <br />WHEREAS, on June 16, 2018 the City Clerk published Resolution No. 2018-27 <br />declaring the City Council's intention to levy assessments for the NBRA BID for fiscal year <br />July 1, 2018 to June 30, 2019; and <br />WHEREAS, a public hearing regarding the renewal of the NBRA BID was held on <br />June 26, 2018 without a majority protest. <br />NOW, THEREFORE, the City Council of the City of Newport Beach resolves as <br />follows: <br />Section 1: The City Council does hereby confirm the levying of assessments as <br />described in the Resolution of Intention, dated June 12, 2018, for the NBRA BID for the <br />fiscal year July 1, 2018 to June 30, 2019. <br />Section 2: If any section, subsection, sentence, clause or phrase of this <br />resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not <br />affect the validity or constitutionality of the remaining portions of this resolution. The City <br />Council hereby declares that it would have passed this resolution, and each section, <br />subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or <br />more sections, subsections, sentences, clauses or phrases be declared invalid or <br />unconstitutional. <br />Section 3: The City Council finds the adoption of this resolution is not subject to <br />the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the <br />activity will not result in a direct or reasonably foreseeable indirect physical change in the <br />environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) <br />of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it <br />has no potential for resulting in physical change to the environment, directly or indirectly. <br />