HomeMy WebLinkAbout2017-11 - Accepting Petition of Assessment District No. 113RESOLUTION NO. 2017-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ACCEPTING
PETITION OF ASSESSMENT DISTRICT NO. 113
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, togetherwith 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 contains an express waiver of statutory proceedings under
the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as
provided in Section 2804 of the Streets and Highways Code of the State of California and
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.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The petition, as filed with the City Clerk, is hereby found to be legally
sufficient and is accepted.
Section 2: 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: This City Council hereby finds and determines that the public interest
and convenience will be served by the taking of such proceedings.
Resolution No. 2017-11
Page 2 of 2
Section 4: 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 5: The City Council finds the adoption of this resolution exempt from
the California Environmental Quality Act ("CEQA") pursuant to Section 15302(d)
(conversion of overhead electric utility distribution system facilities to underground
including connection to existing overhead electric utility distribution lines where the
surface is restored to the condition existing prior to the undergrounding) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
Section 6: This action is "final' within the meaning of Streets and Highways
Code Section 3012.
Section 7: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 8: 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 February, 2017.
I a111*3 A
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
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Aaron C. Harp
City Attorney
Kevin Muldoon
Mayor
Attachment: Certificate of Sufficiency of Petition
ATTACHMENT A
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 10' day of January, 2017. 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. 113 (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 sixty-two and sixty-nine hundredths of a percent (62.69%) of the
assessable area of property within the proposed boundaries of the Assessment District.
Executed this I 01 day of January, 2017 at Irvine, California.
G
JEFF Y M. .00PER, P.E.
PENC ENGINEERING, INC.
ASSESSMENT ENGINEER
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2017-11 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 14th day of February, 2017, and that the same was so passed and adopted by
the following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member
Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor
Pro Tem Duffy Duffield
NAYS: None
RECUSED: Mayor Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15th day of February, 2017.
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)