HomeMy WebLinkAbout2018-45 - Confirming the Levying Of Assessments for the Fiscal Year of July 1, 2018 to June 30, 2019 for the Newport Beach Restaurant Association Business Improvement DistrictRESOLUTION NO. 2018-45
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, 2018 TO JUNE 30, 2019 FOR THE NEWPORT
BEACH RESTAURANT ASSOCIATION BUSINESS
IMPROVEMENT DISTRICT
WHEREAS, on June 12, 2018 the Newport Beach Restaurant Association
Business Improvement District ("NBRA BID") annual report and budget was filed and
approved by the City Council;
WHEREAS, on June 12, 2018 the City Council adopted a Resolution of Intention
(No. 2018-27) declaring the intention to levy assessments for the NBRA BID for fiscal
year July 1, 2018 to June 30, 2019;
WHEREAS, on June 16, 2018 the City Clerk published Resolution No. 2018-27
declaring the City Council's intention to levy assessments for the NBRA BID for fiscal year
July 1, 2018 to June 30, 2019; and
WHEREAS, a public hearing regarding the renewal of the NBRA BID was held on
June 26, 2018 without a majority protest.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby confirm the levying of assessments as
described in the Resolution of Intention, dated June 12, 2018, for the NBRA BID for the
fiscal year July 1, 2018 to June 30, 2019.
Section 2: 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 3: 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. 2018-45
Page 2 of 2
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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 261h day of June, 2018.
Leilani 1. Brown -
City Clerk
APPROVED AS TO FORM:
CITY ATT NEY'S OFFICE
,4 1� (W
Aaron C. FTai
City Attorney
Marshall "Duffy" Duffield
Mayor
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; the foregoing resolution, being Resolution
No. 2018-45 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 261h day of June, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem
Will O'Neill
NAYS: None
RECUSED: Mayor Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of June, 2018.
oC��ur 0,NVyK-
Leilani I. Brown
City Clerk
Newport Beach, California