HomeMy WebLinkAbout2020-101 - Accepting the Petition for the Formation of Underground Utility Assessment District No. 120RESOLUTION NO. 2020-101
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
WHEREAS, the owners of certain real property situated in the City of Newport
Beach ("City") have filed with the City Clerk several signed counterparts of a petition
requesting the implementation of a project for the undergrounding of certain existing
overhead utility facilities, together with appurtenant work and improvements, as described
therein ("Petition"), the cost of which is to be specifically assessed against each parcel of
land benefitting from such improvements as shown on an exhibit map attached to the
Petition;
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 Section 2804 of the Streets and Highways Code of the State of California
and satisfies the requirements for instituting proceedings for the conversion of existing
overhead electric and communication facilities to underground locations in accordance
with Section 5896.5 of the Streets and Highways Code of the State of California;
WHEREAS, the City Clerk has also received a Certificate of Sufficiency of Petition
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, which is attached hereto as Attachment 1; 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 (5) of the subject parcels, have signed such Petition
and that the Petition contains the matters required by Sections 2804 and 2804.5 of the
Streets and Highways Code.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby find that the Petition, as filed with the
City Clerk, is 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 Section 2800 of the Streets and Highways Code).
Resolution No. 2020-101
Page 2 of 3
Section 3: This City Council hereby finds and determines that the public interest
and convenience will be served by the taking of such proceedings.
Section 4: This action is "final' within the meaning of Streets and Highways
Code Section 3012.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 6: 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 7: 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, Chapter 3, because it has no potential to have a
significant effect on the environment.
Resolution No. 2020-101
Page 3 of 3
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 24th day of November, 2020.
ATTEST:
no'.WIM111 W
�L111L�1
BrownLeilAn-i 1.
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
aron C. Harp
City Attorney
iyor
Attachment: Attachment 1 - Certificate of Sufficiency of Petition
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 5"' day of November, 2020, 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 (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 seventy-two and eighty-two hundredths of a percent (72.82%) of
the assessable area of property within the proposed boundaries of the Assessment District.
Executed this 5' day of November, 2020 at Irvine, California.
ALISON BOULEY, P.E. c
HARRIS & ASSOCIATES
ASSESSMENT ENGINEER
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
0
N
�107 O �� 400 Q _ _
S)
U� 406 0�
OQ 400 3S
"'
I
BEACON ST
o Ln
Z
R
33) �p 344 3115 ^ /
343
I
M N ��
�i
p� 338 3 ��` /
39 3110
337
3 Z
36 /
33? 333 /
333
33 /
329
Z I
324 j
o
326 327 3 2 330
325
Q
320 9
�Q
D
320 32 3225 318
321
131
,� `'9•�cP
o
320 316
317
I
�'�q� �'
U
v1 M 31S'316 314
315
c,9A0 s
u~i
��cLo 307 31, 3�3 308
/ l3p8 9
311
�•
294
z
M
N
6\ i
3 ■
O 300 306 0S N
0
E
G�\�
♦
\
w
2
U
Q
w
&j
w
O
312 O 30p 303 M M M
zi
M
v
U_<
3 06 >O 258 30j • 3IAWG J�I10
/
Q
Q
a
1249 —E
24 24S �/ o
3001
N
co O
Lo
N P
I
30 0 / 2S0 0
24 241 : M "� 237
6 237 230 233
N
/
1
24 4 ]]
233 v 226 231
I
240 v
229 �O 222 225
N
,r 232 225 218 221
d0
�
d
z
�
LL
J
22a 214 217
> Lo
00
Lo
222 210 215
2
z
v
206 09 /
af
:;z
_
N 202 01 Q/
>
�
?�
OO
Z
2
O
U)
O
U)
F-
z
o� �n�p
w
Z
Z
�O /
w
c
c
w
m
J
0
J
r)
O
0
0' 0
U)
0
cA
0
U)
W
2
W
2
Cn
O
w
O
O>
w
0
a
O
O
a
a
o
00e
o
a
o
w
Q
a
�
E
x
U'
e
c
v
°
m
d
v�
°
n
€
U
h
3
20
�LL
a3
S E
a g
r
O
w
�
0
tt
0
z
o
rc
N
(7
z
N
w
z
J}
w
3
O
a
x
}
LL
2
w
m°
O~
p
¢
g
_
2
awp
z
�
4
Z
= Y
w
F
w
Y J
N
LL
3
a
Q
=
z0
w
a
�>
w
¢
�m
>
z
w
i
a0
m
w
x
U
rc
¢°m
zgw
gNF
O
Nm
¢
O
ZKm
arc
Z
Paw,
°°w
NFN
¢
Qw
y
mK0
>H
LL�
i
2~
< K
W
°F
Q
J ¢
0
a
O x
V ZF
i O
K
w w
�
W 00E -
i
3
> N
¢z
LL
Q
all
U
O�>
z
LLW
z>
Qw
om
zo0
k
w
°N
KN
W°
m
¢Yo
LLU
ow
mF2
m
W
0Qa
S
0
0' 0
=zaJon
n.YNOS
H
Z-
�z
.01
z
a w¢¢
S°
O
0
m
F¢
� a
Nw
° W
0 w¢
mS
U'
0
O
W w
O u
KOLL'
m
O
>
HFZZN
w»
2i Se
G¢
N
m
N
o
m
_ods
O
NV
c c
'c°mc
V
�
Q
YD
10 t0
wU2
1N0 �_
�
Zw
10 (00
N-'aw
l00 �
`<
t0
Y6LL�'
M
N
N
ZIL�QZ
N 10
O
C
v
C
i
iii
i
iz
i
ziiii
i
iii
i
z>.,!iiz
d
C
�a
N
NDN
N_
aNN�Q
y N
O
MO
M
C
N Z
o
z
Z O
NNN
SNi m
\
E2 Q
Z
N Z
>>>
Qaa
>
a
>
aaa
> >
a
>
¢
E
x
aaa
zzz
a
z
aaa
z z
Q
z
a
fq
w
°
of wK
° O
° °
° °
N
LLK
° °
QQQ
Q
QQQ
z
Q
z
Q xcc
°
LL
LL
LL LL
LLLLLL
LL LL
LL
LL LL
gx
LLLL
Q
N
LL LL
ILILZ
F
z
F r
Z
F F
ZZz
F r
Z
f LL
zLL:
LL LL LL
U
UUU
U
UU
zi
J
UU
a Q
NNN
Q Q
N
Q Q
NNN
Q QQ
N
Q J
NUUUU
J J J
Z
MMM
A O
N N
N N
NNN
N
O
rz00-1
Z
0 0
O
N M
M Aih
O
NbNN�i9
0 0
0 V
0 0
Nv N
6,h
O V
LA
V N
.A��
N O
O O
N N
V Y
�a
.4 E
N
N
N N
RJRN
NNN
N
N N
N N
N N
N
° z
2
C
d
E
dE
°^
o
NNN
N Z
Q
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. 2020-101 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 24th day of November, 2020; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin
Muldoon
NAYS: None
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 251h day of November, 2020.
44i�4_
4-%R�
Leilani I. Brown
City Clerk
Newport Beach, California