HomeMy WebLinkAbout2021-95 - Accepting the Petition for the Formation of Underground Utility Assessment District No. 120-2RESOLUTION NO. 2021-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ACCEPTING THE
PETITION FOR THE FORMATION OF UNDERGROUND
UTILITY ASSESSMENT DISTRICT NO. 120-2
WHEREAS, after receiving a petition from certain property owners, the City of
Newport Beach ("City") undertook proceedings to form Assessment District Number 120
("AD 120") in order to finance certain public works of improvement, namely, the
conversion of certain overhead electrical, cable and communication facilities to
underground locations, together with appurtenant work ("AD 120 Improvements");
WHEREAS, after a public hearing on April 13, 2021, the property owners within
AD 120 cast sufficient ballots in favor of the district's formation, and the City recorded a
Notice of Assessment against each parcel within AD 120 for the purpose of securing the
assessments required to finance the AD 120 Improvements;
WHEREAS, subsequent to the formation of AD 120, owners of several parcels
neighboring the district ("Neighboring Parcels") expressed to the City a desire to finance
improvements similar to the AD 120 Improvements;
WHEREAS, some of the proposed improvements in the Neighboring Parcels
would benefit parcels in AD 120 and the cost per parcel to finance the AD 120
Improvements and improvements in the Neighboring Parcels (collectively, "Combined
Improvements") on a combined basis would be less than the cost per parcel to finance
the improvements separately due to economies of scale;
WHEREAS, a number of property owners within AD 120 and a number of the
owners of the Neighboring Parcels (collectively, "Owners") desire to form a new
assessment district to finance the Combined Improvements and have filed with the City
Clerk several signed counterparts of a petition requesting the implementation of a project
to finance the Combined Improvements ("Petition"), the cost of which is to be specifically
assessed against each parcel of land benefiting from such improvements as shown on a
map attached to the Petition;
WHEREAS, in the event the new assessment district is formed, the City Council
would dissolve AD 120;
Resolution No. 2021-95
Page 2 of 3
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 California Streets and Highways Code Section 2804 and satisfies the
requirements for instituting proceedings for the conversion of existing overhead electric
and communication facilities to underground locations in accordance with California
Streets and Highways Code Section 5896.5;
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 the Petition
and that the Petition contains the matters required by California Streets and Highways
Code Sections 2804 and 2804.5.
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 California Streets and Highways Code Section
2800).
Section 3: The City Council hereby finds and determines that the public interest
and convenience will be served by the taking of such proceedings.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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.
Resolution No. 2021-95
Page 3 of 3
Section 6: 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, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
Section 7: This action is "final" within the meaning of California Streets and
Highways Code Section 3012.
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 12th day of October, 2021.
ATTEST:
f
N
�of�b U�'"v_
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AJI
aW C. Harp
City Attorney
SA LI F0
<,,�,, �1
en�very, Mayor
Attachment: Exhibit A - Certificate of Sufficiency of Petition
EXHIBIT 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 27`h day of September, 2021, 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. 120-02 (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:
1. 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. Pursuant to the Special Assessment Investigation, Limitation and Majority Protest Act of 1931,
that said Petition did represent sixty-five and three tenths of a percent (65.30%) of the assessable
area of property within the proposed boundaries of the Assessment District.
Executed this 27'h day of September, 2021 at Irvine, California.
i/ ;• �. /'f r.. /
ALISON BOULEY, P.E.
HARRIS & ASSOCIATES
ASSESSMENT ENGINEER
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
N
01 400
57 — — -
O 400 CT
357 406
BEACON ST
o
���
3 �O 344
3,
343
I
"3,9 339
337
I
3 ZO 332 333170 /
333
333
! tig ���
Oz
6
329
<L I 324
I /
U
326 327 3252 / 330
325
Q 320 139
z
320 321 324 318
321
31 1�19 �9r'8
_j
OU
l 320 316
317
I �'g� "•'
Ln o
z
Q
vN 315 / 316 314
315
¢ • `QQ
�
D
O
W
312 13 308
307 3 09
/
311
¢ QQ
(o294
m U
v
W
7�0
O
6 308
/
v0
G
ui
E
z
0 3 OS o
00 30 3p6
0 o
p z
3
312 / 300 03
O
w
�
O / 258 301 9A1?J4 .JJIIC
v
rn
N
Z -'
� a
O
U)-
¢
N
vi
3p6 2
y 254 4g
ti
J
U)
m O
w
�
w
3p0 / 250 245 0 0 3001
N N
co o
¢
Q
246 241 ' "� 237
N
/
¢ w
<
a
244 23? 230 233
/
I
/ 240 233 226 231
229 "O 222 225
232 225 218 221
dIS 22b 214 217
N
�y 222 210 215
206 209
Z
p
cli 02201 �Q
~
p
W
O
U
z
P �,,�� ,goo
O
v Q
om
a
Li
Q
Lu
X01
C/)
O
m
(ifY�
>
O �-
O
O
%� 300°�
y2
z
o
z
z
�ry'J
W
rf m�J
J
U)
W
O
W
W
LU
J --i >-
O O >
W
>
W
>
U)
o- n. 0
O
O
0
L li
o
0•
M
O
UL
O
it
w
ILO
a
6
€
S
�
I
u
E
E�
sb
8
i
O
S
r
zs
2>><
w
a
a
.p
t
LL
95
N
U
0�1,
pK
W
jsom
W
tlWWq�N
�
<
yg
�b
(7
eSF
jY�{QQJ
$
Z
Ni<17
Q
a�~i
r�««32p2pZ«Y
au4
>y z
W
W;
b,Wpul
FIQ-
q
1-
.02
Oj
CC�i
SNy'�
4
�
aF
W
z
�IC=�00y
LLaY
ZQ
LL`
W V
OaUQyNyiIa
x
n
<«
oZy�
O
Zq
$Uk
2�+�
gQ=Q
t
W
O
S
yy
YY
O
aYa�
U
�QQG�
W
m
1y�y9��`�`
y«
W m
x W3
F
N
ppQ>
ya (W�
T O
Zpm
7$F,
00
pz
I
W
<
6'I
N)<
�{IO<�i
Zqp~�002Z
7Zs,N
Ix
W
i Z
QQ' LLQOO
ffQFF-� y
S5«
{Z{yy
PI
O
OCONC%f0I
O
NUC
9
�11K1a7
S ��U
Ti
N
LL
UOU
U�NNOLLmN
KZ
U'
W
O
U
z
0
F
:3
°u
C
Z
W
Y
¢
aC
YO
z
«
_yK
6 Y
�Q,Q'+
(U�'
O
< m
v_
>
UN
N
WW N
pZ
�aLLy�
W LL
2
CD
3
T,
C
N�>
< Q
mg EZ l
S�iU
l
`O
�S�OUO
Ia
ZZrI
SS�$SQsQg
�
ZSS�id�a�
g
..:..
:
n:�
SRN.
f
t rMlrt.
r V
t �.N.
CC
O
N
N O
O N
N O
NON
N
N N
N NO
N
N N
O N
N O
O N
N N
N N
O
N N
N O
O N
N O
5!p
3 q
i
O
i=
ON
N O
=
N
N N
i
N O
i
O
N=
N
N
i
= =N
�i�
=
=N
i
iN-01.
N
==N
r
w
a
O
am«
000
a
O
a«
00
I
«a
OO«<
z
�����
<
<
a«
«<
<
<
a
««««333
<000RRRRRRRR0
3omoo�coo°��ddao�c
«a««
«««
3333333333
as
3RR
« a
o
3
a<
o=
3
u��
v
vv
3
vu��iu�
�
���
�
��u'u�SS55SSSS3�S33333
3
3�
_
«R
R
RRF
p
ryr
R1CiC�
��RNNNNRR�
2
<
4
O
1�4
OOO
Q
S Y
O��7Rf7
q
N flt
N_
m��m_y3
m
pOH N��y
11�1Voflll
�ey3
ro
Y1�p+�1
e�,//�,R
ep
ACR
11
NN�
tV
PR
MCOi 1V
R
§O
OO
d
a
ddd
aas
d
a
dd
as
d
a
�i�i�A�AN
..:�::..::..aaa.�...�..�.�l�..��
d
232
d
ddd�
NNRN^
.
as
8
�
R
RRn
vR
R
RRRRR
0
000
NNN
p
gi
o
.XM
000
RIM NNNNN
000ry
pNoRR?v
NN
N
+1+1
R
RR
O =
_
NN
V N lDn
O
b��.N-n
RR
O
N
NN
NNN
NNNNRMIn
h Xn
Rn.°in
$
6
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. 2021-95 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of October, 2021; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will
O'Neill
NAYS: None
RECUSED: Mayor Pro Tem Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h day of October, 2021.
Leilani I. Brown
City Clerk �
Newport Beach, California/�`NRT