HomeMy WebLinkAbout2010-59 - Approving Assessment District 100.pdfRESOLUTION NO. 2010-59
RESOLUTION OVERRULING PROTESTS, APPROVING FINAL
ENGINEER'S REPORT, LEVYING ASSESSMENTS WITHOUT
MODIFICATION, APPROVING AND ORDERING THE WORK
AND IMPROVEMENTS FOR THE UTILITY
UNDERGROUNDING PROJECT, AND AUTHORIZING AND
DIRECTING RELATED ACTIONS WITH RESPECT TO
ASSESSMENT DISTRICT NO. 100 (13th StBalboa Blvd/Adams
St/Ocean Front)
WHEREAS, in response to petitions submitted by the owners of various parcel of land
with this proposed "Assessment District No. 100 (13th St/Balboa Blvd/Adams St /Ocean Front)"
(the "Assessment District"), which petitions have been accepted by prior action of this City
Council (this "City Council "), the following further actions have been taken by adoption of the
following resolutions by this City Council on April 13, 2010, in furtherance of considering
formation of the Assessment District and implementing the proposed project (the "Project ") of
undergrounding existing overhead utility facilities within or adjacent to the boundary of the
Assessment District:
a. Resolution No. 2010 -32 — accepting petition and determining sufficiency
thereof;
b. Resolution No. 2010 -33 — approving and adopting a boundary map (the
"Boundary Map ") and making appointments for the Assessment District and directing
the recordation of the Boundary Map in the official records of the Orange County
Recorder; and
b. Resolution No. 2010 -34 (the "Resolution of Intention ") — among other
things (1) declaring the intention of this City Council to establish the Assessment
District and implement the Project; (2) directing Harris & Associates, as the designated
assessment engineer (the "Assessment Engineer ") for the Assessment District, to prepare
and submit to the City Clerk the engineer's report required by law for consideration by
this City Council; (3) declaring the intention of the City to issue limited obligation
improvement bonds (the "Bonds ") to finance a portion of the cost and expense of the
Project; and (4) declaring its intention to designate the area within the Assessment
District as an underground utilities district pursuant to Chapter 15.32 of the Code of
Ordinances of the City (the "Ordinance Code "); and
WHEREAS, as directed by the Resolution of Intention, the Assessment Engineer
prepared and submitted of its engineer's report, entitled "Preliminary Engineer's Report," dated
April 13, 2010 (the "Preliminary Engineer's Report"), and this City Council on April 13, 2010,
adopted its Resolution No. 2010 -35 (1) preliminarily approving the Preliminary Engineer's
Report and scheduling a public hearing for June 8, 2010, to consider the report and to hear
protests and expressions of support for the Assessment District and (2) directing the City Clerk
to provide for mailed notice of the hearing and assessment ballots to the affected property
owners in accordance with Section 4 of Article XIIID of the California Constitution and Section
53753 of the California Government Code; and
WHEREAS, notice of the public hearing on June 8, 2010, was given to property owners
by mail, accompanied by the property owner assessment ballots, as required by law, as
evidenced by a certificate of mailing which is on file with the City Clerk; and
WHEREAS, the Assessment Engineer has prepared and submitted for consideration at
the public hearing a final engineer's report, entitled "Final Engineer's Report," dated May 26,
2010 (the "Final Engineer's Report"); and
WHEREAS, the public hearing was conducted as scheduled on June 8, 2010, and
having provided opportunity for any interested person present to be heard, and the Mayor
having provided one last opportunity for any property owner present to either (1) submit an
assessment ballot or (2) change an assessment ballot previously submitted, and upon seeing that
there were no further actions to be taken with respect to either submission or changing of
assessment ballots, the hearing was closed; and
WHEREAS, following the close of the public hearing, the City Clerk opened, declared
and tallied the assessment ballots which were received prior to the close of the hearing, and the
City Clerk has reported to this City Council that the assessment ballots received in favor of
proceeding with the Assessment District exceed the assessment ballots received in opposition to
proceeding, as determined in accordance with Section 53753 of the California Government
Code, this City Council hereby finds and determines that there is not a majority protest
respecting the Assessment District; and
WHEREAS, based upon the recommendations of the Assessment Engineer, as set forth
in the Final Engineer's Report, and all of the testimony heard and written communications
received from interested persons, this City Council hereby finds and determines that (1) the
general benefits have been appropriately identified and separated from the special benefits, as
set forth in the Final Engineer's Report, (2) only that portion of the estimated cost of the Project
which represents local and special benefit has been assessed against the respective parcels of
land which are assessed and (3) the proposed assessment of the portion of the total estimated
cost and expense of the Project which represents local and special benefit upon the respective
parcels of land in the Assessment District, as set forth in the Final Engineer's Report, represents
a fair and equitable apportionment of such estimated cost and expense in proportion to the
estimated benefits to be received by each of the parcels, respectively from the improvements
which comprise the Project; and
WHEREAS, without limiting the generality of the foregoing, this City Council hereby
finds and determines that, under the facts and circumstances pertaining to the Assessment
District, the general benefits imparted by the Project, as recommended by the Assessment
Engineer in the Final Engineer's Report, are relatively incidental, and do not exceed and are
fully offset by the combined contributions from Southern California Edison and AT &T, with the
result that only that portion of the estimated cost of the Project which represents local and
special benefits has been assessed against the parcels of land which have been determined to be
specially benefitted;
NOW, THEREFORE, it is hereby Determined, Ordered and Resolved as follows:
SECTION 1. The foregoing recitals are all true and correct.
SECTION 2. This City Council hereby finds and determines that there was not a
majority protest within the meaning of Section 53753 of the Government Code, and hereby
overrules all protests, whether written or oral, submitted prior to or at the public hearing.
SECTION 3. The Final Engineer's Report, dated May 26, 2010, is hereby approved
without modification.
SECTION 4. The proposed work and improvements which comprise the Project, as
described in the Final Engineer's Report, are hereby ordered.
SECTION 5. The individual assessments, in the amounts set forth in the Final
Engineer's Report, are hereby confirmed and levied, and this action is final as to all persons in
accordance with Section 10312 of the Streets and Highways Code (the "Code').
SECTION 6. This City Council hereby expressly finds and determines that the Project
is categorically exempt from the provisions of the California Environmental Quality Act
( "CEQA "). In the event that a Notice of Exemption has not previously been prepared and filed,
this City Council hereby directs the preparation of a Notice of Exemption, indicating that the
Project is categorically exempt from the provisions of CEQA, and further directs that said
Notice of Exemption be filed with the Orange County Clerk for posting in accordance with
CEQA.
SECTION 7. This City Council hereby finds and determines that the information set
forth at page 14 of the Final Engineer's Report demonstrates compliance with the requirements
of Part 7.5 of Division 4 of the Code, thereby dispensing with any further proceedings pursuant
to said Division 4, and this determination and action is final and conclusive as to all persons in
accordance with Section 3012 of the Code.
SECTION 8. A Notice of Assessment shall be prepared and recorded by the City Clerk
in the official records of the Orange County Recorder, together with an assessment diagram in
the form set forth in the Final Engineer's Report. Notice of recordation of assessment shall be
given by the City Clerk by publication and by mail in the form and manner required by Section
10404 of the Code. The notice of recordation of assessment given by mail shall also prescribe
the deadline for submission by or on behalf of any property owner of a cash payment to prepay,
either in whole or in part, the assessment levied upon the property of such owner, pursuant to
Sections 10403 and 10404 of the Code.
SECTION 9. Pursuant to Section 10603 of the Code, the Superintendent of Streets is
hereby designated to collect and receive the cash payments from property owners on account of
the assessments levied, and the Superintendent of Streets shall, upon the expiration of the
prescribed 30 -day cash payment period, submit to the City Clerk a Certificate re Paid and
Unpaid Assessments.
SECTION 10. Following receipt of the Certificate re Paid and Unpaid Assessments, this
City Council intends to proceed with authorization of the issuance and sale of the Bonds,
pursuant to the Irnprovement Bond Act of 1915 and upon the security of and in a principal
amount equal to the unpaid assessments, bearing interest at a rate not to exceed twelve percent
(12 %) per annum, with the last principal installment of the Bonds to mature not to exceed
twenty -four (24) years from the second day of September next succeeding twelve (12) months
from their date.
SECTION 11. The area within the Assessment District is hereby designated an
underground utilities district pursuant to and in accordance with Chapter 15.32 of the Ordinance
Code, and in accordance with Section 15.32.040 of the Ordinance Code, this City Council
hereby establishes the date which is one year from the date on which the Project facilities are
released by the Utility Companies as a reasonable date by which all affected property owners
must be ready to receive underground service.
SECTION 12. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED this 8th day of June, 2010.
Mayor
ATTEST:
1428030.1
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. 2010 -59 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 a day of June, 2010, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: Henn
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this 91" day of June, 2010.
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Newport Beach, California
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