HomeMy WebLinkAbout05 - Assessment District 94TO:
FROM:
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.
July 10, 2007
Mayor and Members of the City Council
Public Works Department
Patrick Arciniega, Associate Civil Engineer
949 - 644 -3347 or parciniega @city.newport- beach.ca.us
SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 94 — PACIFIC DRIVE -
ABANDONMENT OF ASSESSMENT DISTRICT PROCEEDINGS
RECOMMENDATION:
1. Adopt a Resolution for the abandonment of Assessment District No. 94;
2. Approve a Budget Amendment appropriating $33,950.87 from the unappropriated
General Fund balance to cover project design and engineering expenses incurred
to date that will not be recovered by the City.
DISCUSSION:
On May 8, 2007 the City Council held a public hearing for proposed Assessment District
No. 94 (AD94) to hear the Assessment Engineer's assessment methodology, to receive
public comment and to tabulate the ballots to determine if a majority protest existed in the
formation of AD94. After the close of the public hearing the ballots were tabulated by the
Deputy City Clerk, Assessment Engineer, and Bond Counsel. The results of the tabulation
showed that there was a majority protest with 56.2% of the ballots voting no, and 43.8% of
the ballots voting yes.
Staff recommends the City Clerk record the attached Resolution as notice of the
abandonment of the Assessment District.
Environmental Review:
Not applicable.
Funding Availability:
Upon approval of the budget amendment, sufficient funds are available to cover the costs
incurred to date.
re pared by: Submitted by:
r
Patrick L. Ar ' iega ephen G. Ba
Associate Civil Engineer Public Works Uirector
Attachments: Resolution Abandoning the Assessment District
Location Map
RESOLUTION NO. 2007
RESOLUTION DECLARING ABANDONMENT OF PROCEEDINGS FOR
ASSESSMENT DISTRICT NO. 94 (PACIFIC DRIVE - CORONA DEL
MAR)
WHEREAS, this City Council has previously adopted its Resolution of Intention
and initiated proceedings for the acquisition of certain public works of improvement,
namely, the conversion of certain overhead electrical and communication facilities to
underground locations, together with appurtenances and appurtenant work, in a special
assessment district designated as Assessment District No. 94 (Pacific Drive - Corona
Del Mar) (hereinafter referred to as the "Assessment District') pursuant to the terms and
provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets
and Highways Code of the State of California (the "Act'), Article XIIID of the Constitution
of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation
Act (commencing with Section 53750 of the Government Code) (the 'Implementation Act')
(the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the
"Assessment Law');
WHEREAS, after notice of a public hearing, accompanied by ballot materials,
was mailed, a full public hearing on the improvements and assessments was held, and
at the conclusion of the public hearing all ballots submitted in favor of or opposed to the
assessment were tabulated, all in accordance with Assessment Law;
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
Determine, Order and Resolve as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The ballots received by the City in opposition to the proposed
assessment and weighted as required by the Assessment Law exceeded the ballots
received favor of in the assessment and similarly weighted and, therefore, a majority
protest does exist.
SECTION 3. The proceedings had and taken under and pursuant to the
Assessment Law for the work and improvements proposed by said Resolution of
Intention in the Assessment District are hereby ordered abandoned.
SECTION 4. The City Clerk shall immediately cause the recordation of a certified
copy of this Resolution of Abandonment with the County Recorder. The certificate
attached to the Resolution shall include a reference to the date of the adoption of this
Resolution, the date of the original Resolution of Intention, and the date the map of the
Assessment District was previously filed with the County Recorder.
I
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Newport Beach held on the 10 day of July, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
The undersigned CERTIFIES as follows
1. During all of the times herein mentioned, the undersigned was, and now is, the
duly qualified and acting City Clerk of the City of Newport Beach, California.
2. The attached Resolution abandoning proceedings for the construction of certain
improvements in Assessment District No. 94 (Pacific Drive - Corona Del Mar) was
duly adopted on June 10, 2007.
3. Reference is hereby made to a Resolution of Intention, Resolution No. 2007 -16,
adopted on the March 13, 2007, for a further and complete description of the works of
improvement and assessments proposed for Assessment District No. 94.
4. A map of the proposed boundaries of Assessment District No. 94 was filed in the
Office of the County Recorder of the County of Orange on March23, 2007, in
Assessment District Maps Book 92, Page 20.
EXECUTED this day of June, 2007.
CITY CLERK
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City of Newport Beach
BUDGET AMENDMENT
2007 -08
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
PX Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 08BA -003
AMOUNT: $33,950.87
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To appropriate $33,950.87 from the unappropriated General Fund balance to cover the project design and engineering
expenses incurred to date that will not be recovered by the Citv for Assessment District 94.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
4094 3605 Assessment District 94 - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
4094 6000 Assessment District 94 - Transfers In
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
Signed:
Description
9010 ND General Fund
9900 Transfers Out
Financial Approval: Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$33,950.87 `
$33,950.87
$33,950.87
" Automatic System Entry.
$33,950.87
Date
a
ate
Date