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HomeMy WebLinkAbout2015-60 - Accepting Petition of Assessment District No. 116RESOLUTION NO. 2015 -60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING PETITION OF ASSESSMENT DISTRICT NO. 116 WHEREAS, the owners of certain real property situated in the City of Newport Beach ( the "City ") have filed with the City Clerk several signed counterparts of a petition, requesting the implementation of a project for the undergrounding of certain existing, overhead utility facilities, together with appurtenant work and improvements, as described therein, the cost of which is to be specifically assessed against each parcel of land benefiting from such improvements as shown on an exhibit map attached to the petition; and WHEREAS, the petition satisfies the requirements for instituting proceedings for the conversion of existing overhead electric and communication facilities to underground locations in accordance with Section 5896.5 of the Streets and Highways Code of the State of California; and WHEREAS, the City Clerk has also received a certificate to the effect that the petition has been signed by persons owning lands constituting more than sixty percent (60 %) in area of the land subject to assessment within the proposed assessment district; and WHEREAS, this City Council finds that the owners of more than sixty percent (60 %) in area of the land proposed to be assessed for the proposed improvements, including the owners of more than five of the subject parcels, have signed such petition and that the petition contains the matters required by Sections 2804 and 2804.5 of the Streets and Highways Code. Resolution No. 2015 -60 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: PETITION ACCEPTED. The petition, as filed with the City Clerk, is hereby found to be legally sufficient and is accepted. Section 2: DETERMINATION TO UNDERTAKE PROCEEDINGS. The special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways Code). Section 3: PUBLIC INTEREST AND CONVENIENCE SERVED. This City Council hereby finds and determines that the public interest and convenience will be served by the taking of such proceedings. Section 3: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because the activity is not a project as defined in Section 15378 and has no potential for resulting in physical change to the environment, directly or indirectly. Section 4: ACTION IS FINAL. This action is "final' within the meaning of Streets and Highways Code Section 3012. 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 14th day of July, 2015. ATTEST: –& k i6nw— - Leilani I. Brown, City Clerk Resolution No. 2015 -60 Page 3 of 3 Mayor Attachment: Assessment Engineer Certificate of Sufficiency of Petition CERTIFICATE OF SUFFICIENCY OF PETITION STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned hereby CERTIFIES as rollows: That I am the duly appointed ASSESSMENT ENGINEER of the CITY OF NEWPORT BEACH, CALIFORNIA, That on the 5"' day of Ame, 2015, 1 reviewed a Petition for the formation of an Assessment District for certain public, works of improvement, together with appurtenances, appurtenant work and acquisition, where necessary, in a special assessment district known and designated as ASSESSMENT DISTRICT NO, 116 (hereinafter referred to as the "Assessment District"), a copy of which is on file in the Office of the City Clerk. The undersigned hereby further specifically certifies as followc I . That I caused said Petition to be exanmied and my examination revealed that said Petition was signed by not less than five (5) owners of assessable land in the proposed Assessment District as shown by the last equalized assessment roll used by the City, owning lands constituting more than fifty percent (500/6) of the area of all assessable lands within The proposed Assessment District, all as prescribed by Section 5896,6 of the Streets and Highways Code of the State of California, 2, Pursuant to the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, that said Petition did represent sixty and sixteen one hundredths of a pereent (64.1 M,o) of the assessable area of property within the proposed boundaries of the Assessment District. Executed this 5t" day of June, 2015 at Irvine, California, X'A ALISON M. BOULEY, P.E. HARRIS & ASSOCIATES ASSESSMENT ENGINEER CITY OF NEWPORT BEACH STATE OF CALIFORNIA lnwmt Files�C.otiteiit.OutfooklPNRtl'I)ARpotitit)ii WfloicneyadVAm 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; that the foregoing resolution, being Resolution No. 2015 -60 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 141h day of July, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Duffield, Mayor Pro Tem Dixon, Mayor Selich NAYS: None RECUSED: Council Member Curry, Council Member Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of July, 2015. City Clerk Newport Beach, California (Seal)