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HomeMy WebLinkAbout06 - Assessment District 99CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6— July 10, 2007 TO: Mayor and Members of the City Council FROM: Public Works Department Patrick Arciniega, Associate Civil Engineer 949 - 644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 99 – BALBOA BOULEVARD ALLEY - FOR ABANDONMENT OF ASSESSMENT DISTRICT PROCEEDINGS RECOMMENDATION: 1. Adopt a Resolution for the abandonment of Assessment District No. 99; 2. Approve a Budget Amendment appropriating $79,201.69 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 June 26, 2007 the City Council held a public hearing for proposed Assessment District No. 99 (AD99) 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 AD99. 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 61 % of the ballots voting no, and 39% 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. Prepared by: Patrick L. Arc iega Associate Civil Engineer • - We Attachments: Resolution Abandoning the Assessment District Location Map RESOLUTION NO. 2007 RESOLUTION DECLARING ABANDONMENT OF PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 99 (BALBOA BOULEVARD ALLEY) 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. 99 (Balboa Boulevard Alley) (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 in favor of 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. 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: IT;.� ATTEST: City Clerk 2 Mayor 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. 99 (Balboa Boulevard Alley) was duly adopted on July 10, 2007. 3. Reference is hereby made to a Resolution of Intention, Resolution No. 2007 -26, adopted on the May 8, 2007, for a further and complete description of the works of improvement and assessments proposed for Assessment District No. 99. 4. A map of the proposed boundaries of Assessment District No. 99 was filed in the Office of the County Recorder of the County of Orange on May 14, 2007, in Assessment District Maps Book 92, Page(s) 28 - 33. EXECUTED this day of July, 2007. CITY CLERK LL F oW ¢ J zm0 m p ¢y Q W F z rn oaE oao LL 0zU - 2 h rn M W Z m co LLI U m ¢ U 0 _ m W Of p O cn a0p oa � W a O H O Z O m N W I ¢ a 1 Q 1 W �. z J �I Q 1 I W T w gm �. d 1 �a ,A7y� de I s i N e d o 4 8 OZBI LL 0zU - 2 h rn M W Z m co LLI U m ¢ U 0 _ m W Of p O cn a0p oa � W a O H O Z O m N W I ¢ a 1 Q 1 W �. z J �I Q 1 I W T w W I 4fZ i N e d o 4 8 OZBI Of L' w J z �¢ H10Z Q W U z i33� 5 2 m n n g W p W a N N W w Of Z z w 6 ' F LL U • �. 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O n m U o' Of Of O O Z¢ W W N z z z ¢ W O o 7 W 2 of 2 of Z= Q O ~ r Pr M W 2 U J W Z W 0 W J 0- z W m W m O W of O Q LO COW a W X O W O W Q O W W m Q p xa W 1CA W¢ mp � W m W m 2 w Z J Z J Z J W w lr O — CA U) LL i U) 04 O O o W 0 W o W in Y 00 a p m m W J W J W J of W of W K W = F- W w w w a a a o' 0 70 ai a Q z o z 0 j U D Q¢¢•00 I It O m LL O Cl) w O a 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 NX from unappropriated fund balance EXPLANATION: NO. BA- 08BA -002 AMOUNT: $s9,2o1.s9 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate $69,201.69 from the unappropriated General Fund balance to cover the project design and engineering expenses incurred to date that will not be recovered by the City for Assessment District 99. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $69,201.69 4099 3605 Assessment District 99 - Fund Balance $69,201.69 REVENUE ESTIMATES (3601) Fund /Division Accoun t Description 4099 6000 Assessment District 99 - Transfers In $69,201.69 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 9010 NO General Fund Account Number 9900 Transfers Out $69,201.69 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Financial Approval: Administrative Services Director Date Signed: D Administrative j<pprovaK City Manager to Signed: City Council Approval: City Clerk Date