HomeMy WebLinkAbout2018-81 - Making Determinations, Confirming Assessments and Proceedings, and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Assessment District No. 113RESOLUTION NO. 2018-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, MAKING
DETERMINATIONS, CONFIRMING ASSESSMENTS AND
PROCEEDINGS, AND DESIGNATING THE
SUPERINTENDENT OF STREETS TO COLLECT AND
RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL
FUND FOR CITY OF NEWPORT BEACH ASSESSMENT
DISTRICT NO. 113
WHEREAS, this City Council has heretofore adopted Resolution No. 2018-68 (the
"Resolution of Intention") declaring its intention to order the construction of the improvements
described in the Resolution of Intention (the "Improvements") and to form Assessment District
No. 113 (the "Assessment District") under the provisions of the Municipal Improvement Act of
1913 (Division 12 of the California Streets and Highways Code, "the Act"),
WHEREAS, this City Council has heretofore preliminarily approved a report prepared
under and pursuant to the Act and, in particular, Section 10204 of the California Streets and
Highways Code (the "Engineer's Report");
WHEREAS, this City Council fixed November 27, 2018, at the hour of 7:00 p.m. at the
regular meeting place of the City Council, City Hall, 100 Civic Center Drive, Newport Beach,
California 92660, as the time and place of hearing protests and objections to the improvements
proposed in the Engineer's Report to be made, the extent of the Assessment District proposed
to be created and/or to the proposed assessment;
WHEREAS, the City Clerk has caused notice to be given of the passage of the
Resolution of Intention, the filing of the Engineer's Report and the time and place and purpose
of said hearing, all as required by the Act and by Section 53753(c) of the California
Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID");
WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting
forth the Improvements to be acquired and constructed, and the Final Report has been filed
with the City Council and has been available for review by the property owners within the
proposed Assessment District,
WHEREAS, at the time and place stated in the aforesaid notice, a hearing was duly
held by this City Council and, during the course of said hearing, the Final Report was duly
presented and considered, all written protests and objections received, if any, were duly
presented, read, heard and considered and all persons appearing at said hearing and desiring
to be heard in the matter of said Final Report were heard, and a full, fair and complete hearing
has been conducted;
Resolution No. 2018-81
Page 2 of 4
WHEREAS, this City Council has received all ballots filed with the City Clerk prior to
the conclusion of the hearing, and the Assessment Engineer, on behalf of the City Clerk, has
counted all ballots for and against the formation of the Assessment District as provided in
Article XIIID;
WHEREAS, this City Council has considered the assessment proposed in the Final
Report and the evidence presented at said hearing; and
WHEREAS, under the provisions of Section 10424 of the California Streets and
Highways Code, funds collected by the Director of Public Works acting as the Superintendent
of Streets (the "Superintendent of Streets") pursuant to an assessment under the Municipal
Improvement Act of 1913 are required to be placed in a special improvement fund designated
by the name of the assessment proceeding.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The public hearing referred to in the recitals hereof has been duly held, and
each and every step in the proceedings prior to and including the hearing has been duly and
regularly taken. This City Council is satisfied with the correctness of the Final Report, including
the assessment and diagram and the maximum annual assessment for administrative
expenses, the proceedings and all matters relating thereto.
Section 2: The property within the Assessment District to be assessed as shown in
the Final Report will be benefited by the Improvements.
Section 3: The City Council overrules and denies any and all protests, objections
and appeals made in regard to these proceedings; and it finds and determines that a majority
of the ballots received are in favor of the assessment. In tabulating the ballots, the ballots were
weighted according to the proportional financial obligation of the affected property.
Section 4: The amount of the assessments shown in the Final Report and the
proposed maximum annual assessment per parcel for administrative expenses shown are
confirmed and are fixed in said amounts.
Section 5: The amounts to be assessed against the individual parcels shown on the
assessment diagram contained in the Final Report are hereby approved and confirmed; and
the City Council is authorized and directed to endorse the fact and date of such approval on
the Final Report.
Resolution No. 2018-81
Page 3 of 4
Section 6: The assessment diagram and assessment is to be placed on file in the office
of the Superintendent of Streets, and the City Clerk is authorized and directed to record, or
cause to be recorded, the assessment diagram and assessment in the office of the County
Recorder of the County of Orange as required by Sections 3114, 10401 and 10402 of the
California Streets and Highways Code; and the City Clerk shall record, or cause to be recorded,
a Notice of Assessment as required by Section 3114 of said Code.
Section 7: The Superintendent of Streets is authorized and directed to give notice of
the recordation of the assessment, as provided in Section 10404 of said Code.
Section 8: This City Council hereby finds and determines that the information set
forth in Table 1 of the Final Report demonstrates compliance with the requirements of Part
7.5 of Division 4 of the California Streets and Highways 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 California Streets and
Highways Code.
Section 9: The Superintendent of Streets is designated to receive the assessments
paid during: (i) the thirty (30) day cash payment period which shall commence on the date of
filing the assessment diagram with the Superintendent of Streets; and (ii) approximately ninety
(90) days prior to the issuance of the limited obligation improvement bonds referenced in the
Resolution of Intention (the "Bonds").
Section 10: Following receipt of the Certificate Regarding Paid and Unpaid
Assessments, this City Council intends to proceed with authorization of the issuance and sale
of the Bonds, pursuant to the Improvement 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 (20) 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 Code of
Ordinances of the City, and in accordance with Section 15.32.040 of such Code, this City
Council hereby establishes the date which is one year from the date on which the Improvements
are released by the utility companies responsible for such Improvements (the "Utility
Companies") as a reasonable date by which all affected property owners must be ready to
receive underground service.
Section 12: The City Manager of the City, or any designees thereof, is authorized to
execute any and all contracts with the Utility Companies for the purpose of constructing or
funding the Improvements or otherwise carrying out the intentions of this Resolution.
Resolution No. 2018-81
Page 4 of 4
Section 13: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 14: 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 15: 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)
and 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.
Section 16: 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 27th day of November, 2018.
ATTEST:
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
aron C. Harp
City Attorney
J
arshall "Duffy" Duffi d
Mayor
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. 2018-81 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 27th day of November, 2018; and the same was so passed and adopted by the
following vote, to wit.-
AYES:
it:
AYES: Council Member Brad Avery, Council Member Diane Dixon, Council Member
Jeff Herdman, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill,
Mayor Duffy Duffield
NAYS: None
RECUSED: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 28th day of November, 2018.
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Leilani I. Brown
City Clerk
Newport Beach, California