HomeMy WebLinkAbout2009-16 - Undergrounding of Utility Poles (Cypress-Mesa) ProjectRESOLUTION NO. 2009- 16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH MAKING FINDINGS UNDER HEALTH
AND SAFETY CODE SECTION 33445 RELATING TO THE
UNDERGROUNDING OF UTILITY POLES (CYPRESS -
MESA)PROJECT
RECITALS
WHEREAS, the Board of Supervisors (the "Board ") of the County of Orange (the
"County") previously approved Ordinance No. 3595 on July 15, 1986 adopting a
Redevelopment Plan (hereinafter the "Redevelopment Plan ") for the Santa Ana Heights
Project Area (the "Project Area ");
WHEREAS, the Orange County Development Agency (the "Agency ") is vested with
responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of
Health and Safety Code of the State of California) (the "Law ") to implement the
Redevelopment Plan in the Project Area;
WHEREAS, the Project Area is in need of certain community infrastructure
improvements within the Project Area involving the undergrounding of certain overhead
utility poles located in the Project Area (the "Project");
WHEREAS, the Agency intends to provide funding (the "Agency Funds ") to assist
the City of Newport Beach (the "City") with the cost of the Project;
WHEREAS, the Agency, County and City have entered into a Memorandum of
Agreement ( "Agreement ") dated July 8, 2003, which was subsequently amended on July
13, 2004, June 19, 2007 and March 24, 2009 (collectively, the "Agreement ");
-1-
WHEREAS, the Agreement contemplates that the Agency will provide to the City
the Agency Funds to complete the Project;
WHEREAS, construction of the Project conforms to the applicable General Plan of
the City,
WHEREAS, the Project will address the goals and objectives of the
Redevelopment Plan for the Project Area and will be of benefit to the Project Area in that
the Project will alleviate blighted conditions, improve public safety, and improve the
physical aesthetics within the Project Area;
WHEREAS, the Project is consistent with and will promote the Agency's
Implementation Plan;
WHEREAS, neither the City nor the County have capital or general funds available
which could be used to undertake the Project and it is not practical to arrange for
assessment district or similar financing for the Project;
WHEREAS, the staff report prepared for the March 10, 2009 meeting of the City
Council (the "Staff Report," incorporated herein by reference), sets forth facts supporting
the findings made in this Resolution pursuant to Section 33445 of the Health and Safety
Code;
WHEREAS, pursuant to Health and Safety Code Section 33445, the Agency may,
with the consent of the Board and the City, pay part or all of the cost of the construction of
the Project if the Board and the City make certain specified findings.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
-2-
Section 1: That all of the above recitals are true and correct and the City has
based the findings and actions set forth in this Resolution, in part on such Recitals.
Section 2: That the City hereby finds and determines that: (a) the Project will be
of benefit to the Project Area; (b) no other reasonable method of financing the construction
of the Project is available to the community; (c) the Project will assist in the elimination of
one or more blighting conditions inside the Project Area; and (d) Agency assistance for the
Project is consistent with the Agency's current Implementation Plan. The factual and
analytical basis used by the City in making these findings and determinations is set forth in
the Staff Report, and materials regarding the Project provided to the City.
Section 3: The City hereby approves the expenditure of Agency Funds as set
forth in the Agreement, between the Agency; the City and the County and submitted to the
City in connection with consideration of this Resolution.
Section 4: This Resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the
ADOPTED this 24th day of
ATTEST:
&4QW X•
Leilani Brown,
City Clerk
Edward
-3-
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. 2009 -16 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 24th day of
March, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of March, 2009.
4446'U
r
City Clerk
Newport Beach, Califo 'a
(Seal)