HomeMy WebLinkAbout2018-69 - Preliminarily Approving the Assessment Engineer's Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 113RESOLUTION NO. 2018-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PRELIMINARILY
APPROVING THE ASSESSMENT ENGINEER'S REPORT
AND FIXING THE TIME AND PLACE OF THE PUBLIC
HEARING FOR ASSESSMENT DISTRICT NO. 113
WHEREAS, by Resolution No. 2018-68 ("Resolution of Intention") in the
proceedings for the formation of Assessment District No. 113 ("Assessment District") this
City Council ordered a report ("Report") prepared by Penco Engineering/NV5
("Assessment Engineer") under and pursuant to the provisions of Article XIIID of the
California Constitution ("Article XIIID") and the Municipal Improvement Act of 1913("1913
Act"), and, in particular, Section 10204 of the California Streets and Highways Code; and
WHEREAS, the Assessment Engineer has prepared the Report and filed the same
with the City Clerk, and the City Clerk has presented the Report to this City Council for
consideration.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The Report is preliminarily approved, and the City Clerk is directed to
endorse the fact and date of such approval on the Report and to file the Report in her
office. The Report shall stand as the report for the purpose of all subsequent proceedings
under the 1913 Act and Article XIIID except that it may be conformed, modified, or
corrected as provided in the 1913 Act and Article XIIID.
Section 2: Pursuant to Section 2961 of the Streets and Highways Code and based
on the information set forth in the Report, this City Council finds that the total amount of
the principal sum of all unpaid special assessments levied against the parcels proposed
to be assessed, other than contemplated by the present proceedings, plus the principal
amount of the special assessment proposed to be levied in the instant proceedings, do
not exceed one-half of the total value of the parcels proposed to be assessed, as
computed pursuant to paragraph (2) of subdivision (b) of Section 2961.
Section 3: A public hearing shall be held on November 27, 2018, at 7:00 p.m. at
the regular meeting place of the City Council at City Hall Council Chambers, 100 Civic
Center Drive, Newport Beach, California 92660, to hear and consider protests and
objections to the proposed Assessment District and the Report and to receive and count
the ballots for and against the proposed Assessment District.
Resolution 2018-69
Page 2 of 3
Section 4: At least forty-five (45) days prior to the public hearing referred to in
Section 3 hereof, the City Clerk shall cause a notice of the adoption of the Resolution of
Intention, the filing of the Report and the setting of time and place for said public meeting
and the public hearing referred to in Section 2 hereof to be mailed, postage prepaid, to
all persons owning real property proposed to be assessed in the Assessment District and
whose names and addresses appear on the last equalized County of Orange assessment
roll or the State Board of Equalization assessment roll, as the case may be, or who are
known to the City Clerk. Such notice shall conform in all respects to the provisions of
Section 53753 of the California Government Code and Article XIIID, Section 4 of the
California Constitution.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 6: 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 7: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment), 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly, and
15302(d) there is a Categorical Exclusion for the conversion of overhead electrical utility
distribution system facilities to underground.
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Resolution 2018-69
Page 3 of 3
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 25th day of September, 2018.
ATTEST:
C
Leilani I. Brow
City Clerk
APPROVED AS TO FORM:
CITY A EY'S OFFICE
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Aaron C. Harp
City Attorney
Marshall "Duffy" Duffield
Mayor
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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; the foregoing resolution, being Resolution
No. 2018-69 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 251h day of September, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Diane Dixon, Council Member Jeff Herdman, Council Member
Scott Peotter, Mayor Pro Tem Will O'Neill
NAYS: None
RECUSED: Council Member Kevin Muldoon
ABSENT: Council Member Brad Avery, Mayor Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 261h day of September, 2018.
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Leilani I. Brown
City Clerk
Newport Beach, California
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