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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. 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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