HomeMy WebLinkAbout2021-47 - Repealing City Council Resolution No. 2014-101 to Eliminate the Balboa Village Area Benefit District Fund and Direct All Unprogrammed Funds to be Returned to the General FundRESOLUTION NO. 2021-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REPEALING CITY
COUNCIL RESOLUTION NO. 2014-101 TO ELIMINATE
THE BALBOA VILLAGE AREA BENEFIT DISTRICT
FUND AND DIRECT ALL UNPROGRAMMED FUNDS TO
BE RETURNED TO THE GENERAL FUND
WHEREAS, Section 12.44.029 (Area Benefit District Reserve) of the Newport
Beach Municipal Code ("NBMC") provides that the City Council may direct revenue into
the Area Benefit District Reserve by resolution;
WHEREAS, on November 25, 2014, the City Council approved Resolution No.
2014-101 directing one hundred percent (100%) of all on -street parking fees and revenue
generated by the City within the Balboa Village Area Benefit District be deposited into the
Area Benefit District Reserve to be used in a manner consistent with Section 12.44.029
of the NBMC; and
WHEREAS, on June 8, 2021, the City Council adopted Ordinance No. 2021-12
eliminating the Balboa Village Area Benefit District and, by adoption of this Resolution
No. 2021-47, eliminates the Balboa Village Area Benefit District Fund and directs all
unprogrammed funds to be returned to the General Fund.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby repeal Resolution No. 2014-101 and
directs the City Manager or her designee to close the Balboa Village Area Benefit District
Fund and return all unprogrammed funds to the General Fund.
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.
Resolution No. 2021-47
Page 2 of 2
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.
Section 5: This resolution shall be effective thirty (30) calendar days after the
adoption of Ordinance No. 2021-12, and the City Clerk shall certify the vote adopting this
resolution.
ADOPTED this 8th day of June, 2021.
ATTEST:
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A6r6n C. Harp
City Attorney
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B d Avery
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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. 2021-47 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 81h day of June, 2021, and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council
Member Duffy Duffield, Council Member Will O'Neill
NAYS: Council Member Joy Brenner, Council Member Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 9th day of June, 2021.
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Leilani I. rown
City Clerk
Newport Beach, California