HomeMy WebLinkAbout15 - Council Policy B-17 — Parks, Facilities and Recreation Program Donations - AmendedMay 14, 2019
Item No. 15
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING CITY
COUNCIL POLICY B-17 "PARKS, FACILITIES, AND
RECREATION PROGRAM DONATIONS"
WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter,
Municipal Code, and adopted City Council Policies;
WHEREAS, at its July 10A g4st-7, 2018 meeting, the City Council directed the
Parks, Beaches and Recreation Commission to review City Council Policy B-17 (Parks,
Facilities and Recreation Program Donations) for future Council consideration;
WHEREAS, the Parks, Beaches and Recreation Commission formed an ad hoc
committee to review City Council Policy B-17 with interested parties and presented
recommendations to the entire Parks, Beaches and Recreation Commission regarding
revisions to improve readability and efficiency;
WHEREAS, on April 2, 2019, the Parks, Beaches and Recreation Commission
approved for submission to City Council revisions to City Council Policy B-17, as shown
in the revised policy attached to this resolution as Exhibit 1 and incorporated herein by
reference;
WHEREAS, the Parks, Beaches and Recreation Commission's revisions increase
the maintenance fee of donations, include options for bench donations, provide clarity
and avoid ambiguity on remaining provisions; and
WHEREAS, the Parks, Beaches and Recreation Commission recommends the
City Council revise City Council Policy B-17 as shown in Exhibit 1.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby amends City Council Policy B-17 (Parks,
Facilities and Recreation Program Donations) as provided in Exhibit 1, attached hereto
and incorporated herein by reference.
Section 2: All prior versions of City Council Policy B-17 that are in conflict with
the revisions adopted by this resolution are hereby repealed.
Resolution No. 2019-44
Page 2 of 2
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 recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 6: Except as expressly modified in this resolution, all other City Council
Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy
Manual shall remain unchanged and shall be in full force and effect.
Section 6: The City Council finds the adoption of this resolution and the
amendment of the specified City Council Policies 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 7: 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 thin �h day of May, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 — Revised City Council Policy B-17