HomeMy WebLinkAbout2015-82 - Accepting Petition of Assessment District No. 116BRESOLUTION NO. 2015-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ACCEPTING PETITION OF
ASSESSMENT DISTRICT NO. 116B
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 fifty percent (50%) in area
of the land subject to assessment within the proposed assessment district; and
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 Limitation and Majority Protest Act of 1931
Resolution No. 2015-82
Page 2 of 2
commencing with Section 2960 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 4: 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 5: ACTION IS FINAL. This action is "final' within the meaning of Streets and
Highways Code Section 3012.
Section 6: 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 13th day of October, 2015. l
Mayor
ATTEST:
4 ' PP"-
Leilani
I. Brown
City Clerk
CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF ORANCE
CITY OF NEWPORT BEACH
The undersigned hereby CERTIFIES as follows:
That I am the duly appointed ASSESSMENT ENGINEER of the CITY OF NEWPORT BEACH,
CALIFORNIA.
That on the 18h day of June, 2015, I 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. 116b (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 follows
That I caused said Petition to be examined 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 (50%) 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. Said Petition did represent fifty-three and seventy two hundredths of a percent (53.72%) of the
assessable area of property within the proposed boundaries of the Assessment District.
Executed this 18`s day of June, 2015 at Irvine, California.
ALISON BOULEY, P.E.
HARRIS & ASSOCIATES
ASSESSMENT ENGINEER
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
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. 2015-82 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 13th day of October, 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 14th day of October, 2015.
r
L
City Clerk
Newport Beach, California