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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