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HomeMy WebLinkAbout2001-13 - Assessment District 79 - Beacon BayRESOLUTION NO. 2001- 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING THE RESULTS OF THE BALLOT TABULATION, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF IMPROVEMENTS, AND APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 79 (BEACON BAY) WHEREAS, this City Council previously adopted its Resolution of Intention and instituted proceedings for the formation of a special assessment district designated as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (hereinafter referred to as the "Assessment District") to provide for street improvements including reconstructing, curbs, gutters, and storm drains and for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (as modified and supplemented by the Ordinance, the "Act'); and WHEREAS, the City of Newport Beach (the "City ") holds the right, title, and interest in and to the area of the City know as Beacon Bay, which area is encompassed by the Assessment District; and WHEREAS, the City divided the entirety of the area of Beacon Bay into lots and, pursuant to the approval of the majority of electors voting in elections held on November 3, 1987 and November 3, 1992, the City leased the lots for residential use or common use for periods of fifty years (which leasehold interests are herein referred to as the "Possessory Interests "); and WHEREAS, a report (the 'Report") of the Assessment Engineer for the Assessment District was prepared and presented to this City Council; and WHEREAS, the Report, as preliminarily approved, contained all the matters and items called for pursuant to the provisions of the Improvement Act and pursuant to Article XIIID of the Constitution of the State of California ( "Article XIIID") and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the 'Implementation Act') (the Improvement Act, Article XIIID and the Implementation Act are referred to herein collectively as the "Assessment Law "), including the following: 1. Plans and specifications of the improvements proposed to be acquired. 2. An estimate of the cost of acquisition of the improvements proposed to be acquired. 1 0 3. A diagram of the Assessment District identifying all Possessory Interests that will receive a special benefit conferred upon them from the acquisition of the improvements and upon which an assessment is proposed to be imposed. 4. An assessment proportionate to the special benefit to be conferred upon each Possessory Interest to be assessed. 5. A description of the works of improvement proposed to be acquired. WHEREAS, notices of said hearing accompanied by ballot materials were mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, and at this time all ballots submitted pursuant to the Assessment Law have been tabulated, and a full hearing has been given, all in the manner provided by the Assessment Law; and WHEREAS, at this time this City Council determines that the ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceeded the ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest does not exist; and WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the Assessment Engineer's Report as submitted; and NOW, THEREFORE, the City Council of the City of Newport Beach does hereby Determine and Resolve as follows: RECITALS SECTION 1. The above recitals are all true and correct. WRITTEN PROTESTS SECTION 2. All protests and objections of every kind and nature submitted pursuant to the Improvement Act be, and the same hereby are, overruled and denied. BALLOT TABULATION PURSUANT TO ARTICLE XIIID SECTION 3. The ballots submitted pursuant to the Assessment Law in favor of the assessment and weighted as required by the Assessment Law exceed the ballots submitted in opposition to the assessment and similarly weighted and it is therefore determined pursuant to the Assessment Law that a majority protest does not exist. 2' SPECIAL BENEFITS RECEIVED SECTION 4. Based upon the Assessment Engineer's Report and the testimony and other evidence received at the public hearing, it is hereby determined that: A. All assessed Possessory Interests within the boundaries of the Assessment District receive a special benefit from the works of improvement as proposed to be acquired for said Assessment District. B. The proportionate special benefit derived by each Possessory Interest proposed to be assessed has been determined in relationship to the entirely of the cost of the acquisition of the works of improvement; C. No assessment is proposed to be imposed on any Possessory Interest which exceeds the reasonable cost of the proportional special benefit to be conferred on such Possessory Interest. D. Only special benefits have been assessed and all property interests receiving a special benefit are to be assessed. PUBLIC INTEREST AND CONVENIENCE SECTION 5. The public interest and convenience require the acquisition of the improvements in and for the Assessment District and, therefore, it is hereby ordered that the improvements be acquired, together with appurtenances and appurtenant work in connection therewith, as the same are described in the Resolution of Intention previously adopted, and as set forth in the Assessment Engineer's Report presented and considered at the public hearing. ASSESSMENT ENGINEER'S REPORT SECTION 6. The Assessment Engineer's Report, as now submitted, updated and amended, is hereby approved and said Report shall stand as the report as required by the Assessment Law for all future proceedings for the Assessment District. CONFIRMATION OF ASSESSMENT SECTION 7. The assessments, as itemized in the Assessment Engineer's Report and diagram, are hereby confirmed. 3 W The assessments contained in the Assessment Engineer's Report are hereby levied and approved as follows: A. The final assessments are to represent the costs and expenses to finance acquisition of the works of improvement, together with appurtenances and appurtenant work in connection therewith, as authorized by these proceedings. B. The annual assessment to pay for administrative costs in an amount not to exceed the maximum annual assessment as set forth in the Assessment Engineer's Report. RECORDATION OF ASSESSMENT SECTION 8. The City Clerk shall forthwith deliver to the Superintendent of Streets the assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with the City Clerk's certificate of such confirmation attached and the date thereof; and the Superintendent of Streets shall immediately record said diagram and assessment in the Superintendent of Streets' office in a suitable book to be kept for that purpose and attach thereto the Superintendent of Streets' certificate of the date of such recording. COUNTY RECORDER NOTICE SECTION 9. Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be filed as soon as practicable in the Office of the County Recorder. Thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the time, manner and form prescribed by law including, specifically, Section 3114 of the Streets and Highways Code of the State of California. MAILED NOTICE SECTION 10. Upon recordation of the diagram and assessment, a notice shall be mailed to each owner of property assessed within the Assessment District at the owner's last known address, as said address appears on the last equalized tax rolls of the County. The notice shall include a statement containing a designation of the property assessed, the amount of the confirmed assessment, and a statement that bonds will be issued pursuant to the "Improvement Bond Act of 1915 ". PUBLICATION SECTION 11. Notice shall also be given by publication in the designated legal newspaper, said notice setting forth the amount of the final assessment 4 and indicating that said assessment is now due and payable, and further indicating that if said assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law. ASSESSMENT COLLECTION SECTION 12. The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into the county Auditor's assessment roll on which property taxes will next become due, opposite each property interest affected, in a space marked "public improvement assessment' or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that said entry then shall be made each year during the life of the bonds for the proceedings for the above - referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this legislative body may, by Resolution, designate an official other than the County Tax Collector or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure. In accordance with the provisions of Section 8685 of the Streets and Highways Code, if any property interest affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the County Auditor shall enter on the roll a description of the property interest affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners," and enter the proper installment opposite the same. ASSESSMENT VERIFICATION STATEMENT SECTION 13. The County Auditor is directed, within 90 days after any special assessment installment becomes delinquent, to render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for said delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This direction is specifically made pursuant to the authorization of Section 8683 of the Streets and Highways Code of the State of California. E ASSESSMENT DISTRICT FUNDS SECTION 14. The Treasurer is hereby authorized at this time, if not previously done, to establish the following funds as necessary for the payment of costs and expenses and administration of the proceedings for this Assessment District: A. Improvement Fund: All monies received from cash collections, proceeds from the sale of bonds, and applicable contributions shall be placed into the Improvement Fund. B. Reserve Fund: All monies as designated to assist in the payment of delinquencies shall be placed into the Reserve Fund. C. Redemption Fund: All monies received from the payment of assessments shall be placed in the Redemption Fund. For particulars as to the administration and handling of the funds, the specific terms and conditions shall be set forth in a Bond Indenture to be approved by the subsequent adoption of a Resolution Authorizing the Issuance of Bonds. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of February, 2001, by the following vote: AYES: NOES: ABSENT: ATTEST: M dwo City Clerk F: \Users\PBW \Shared \Resolubons\AD79 - Ballot Tabulabon.doc 0 Mayor w STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 2001 -13 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 27th day of February, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and of uced the official seal of said City this 28th day of February, 2001. (Seal) & 7 City Clerk Newport Beach, California