HomeMy WebLinkAbout2022-85 - Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the Fiscal Year Ending June 30, 2022RESOLUTION NO. 2022-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CONCERNING
THE MEASURE M2 EXPENDITURE REPORT FOR THE
CITY OF NEWPORT BEACH FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
WHEREAS, local jurisdictions are required to meet eligibility requirements and
submit eligibility verification packages to the Orange County Transportation Authority
("OCTA") to remain eligible to receive Measure M2 ("M2") funds;
WHEREAS, local jurisdictions are required to adopt an annual expenditure report
as part of the eligibility requirements ("Expenditure Report"), which Expenditure Report is
attached hereto as Exhibit A and incorporated herein by reference;
WHEREAS, local jurisdictions are required to account for developer/traffic impact
fees, and funds expended by the local jurisdiction in the Expenditure Report that satisfy
OCTA's Maintenance of Effort requirements;
WHEREAS, local jurisdictions are also required to account for Net Revenues in
such Expenditure Report, which is defined by OCTA as "[a]II of the gross revenues
generated from the transactions and use tax plus any interest or other earnings thereon
(collectively, `Revenues'), after the deduction for: (i) amounts payable to the State Board
of Equalization for the performance of functions incidental to the administration and
operation of the Ordinance, (ii) costs for the administration of the Ordinance as provided
herein, (iii) two percent (2%) of the Revenues annually allocated for Environmental
Cleanup, and (iv) satisfaction of debt service requirements of all bonds issued pursuant
to the Ordinance that are not satisfied out of separate allocations, shall be defined as 'Net
Revenues' and shall be allocated solely for the transportation purposes described in the
Ordinance";
WHEREAS, the Expenditure Report shall include all Net Revenue fund balances,
interest earned and expenditures identified by type and program or project; and
WHEREAS, the Expenditure Report must be adopted and submitted to OCTA
each year within six months of the end of the local jurisdiction's fiscal year to be eligible
to receive Net Revenues as part of M2.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Resolution No. 2022-85
Page 2 of 3
Section 1: The City Council does hereby inform OCTA that:
a) The Expenditure Report is in conformance with the template provided in the
Measure M2 Eligibility Guidelines and accounts for Net Revenues including
interest earned, expenditures during the fiscal year, and balances at the end
of fiscal year.
b) The Expenditure Report is hereby adopted by the City of Newport Beach.
c) The City of Newport Beach's Finance Director is hereby authorized to sign
and submit the M2 Expenditure Report to OCTA for the fiscal year ending
June 30, 2022.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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: 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.
Resolution No. 2022-85
Page 3 of 3
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 29th day of November, 2022.
ATTEST:
Brown"
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
ff
Aar n C. Harp
City Attorney
Attachment: Exhibit A — Expenditure Report
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. 2022-85 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 29th day of November, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 301h day of November, 2022.
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Leilani I. Brown
City Clerk
Newport Beach, California