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Home My WebLink About2021-12 - Accepting Petition of Assessment District No. 124RESOLUTION NO. 2021-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACCEPTING PETITION OF ASSESSMENT DISTRICT NO. 124 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, the cost of which is to be specifically assessed against each parcel of land benefiting 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 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 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 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 Section 2800 of the Streets and Highways Code). Section 3: This City Council hereby finds and determines that the public interest and convenience will be served by the taking of such proceedings. Resolution No. 2021-12 Page 2of2 Section 4: 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 5: The City Council finds the adoption of this resolution exempt from the California Environmental Quality Act ("CEQX) 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 6: This action is "final" within the meaning of Streets and Highways Code Section 3012. Section 7: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 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 23rd day of February, 2021. ATTEA '. ' cam lNU Leilani I. B City Clerk APPROVED AS TO FORM: CIT ATTORNEY'S OFF E Aa on C. Harp City Attorney Attachment: Exhibit A - Certificate of Sufficiency of Petition -2- 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 22"d day of February, 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. 124 (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-three and thirty-one hundredths of a percent (63.31 %) of the assessable area of property within the proposed boundaries of the Assessment District. Executed this 22nd day of February, 2021, at Irvine, California. Jeffrey M. Coo} r, P.E. V NV5, Inc. l ASSESSMENT ENGINEER CITY OF NEWPORT BEACH STATE OF CALIFORNIA eaaa��e aa� NMIa d��a6 ��d�aw .. A�PPBPPNMI H8 . A.`P9l�Pl�9�A �!!PPPPAPP dHOW Mi- A�9PAPPPPg AAA IN PP Pl A9PA NMI- PP WHOM��W o ffibf ll Mi MMU ENE MOMNNON�, i hill l�BBPPPPPPPP-91 9PPAl9P PPPPPP�hA �APPPPPPPP lPPPPPPPPPBPP PPP9PPPMIV PPR ifilhold pimp NO ' PPPPPPPPPPP�P� 9P�PPPPPP�9 ' lv � ON didy��N��i�� b��f a�LU UJ z uj NOW W"d `�PAAAPPPPP • �.� � • . . 14 NOW IN 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. 2021-12 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 23rd day of February, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None RECUSED: Council Member Noah Blom ABSENT: Mayor Pro Tem Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 241h day of February, 2021. dhi &W,,- Leilani I. Brown City Clerk Newport Beach, California 9 ®fORN\P