Loading...
HomeMy WebLinkAbout2010-35 - Preliminary Approval for AD 100RESOLUTION NO. 2010-35 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 100 (13th ST/ BALBOA BLVD /ADAMS ST /OCEAN FRONT) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND DIRECTING THE MAILING OF NOTICES OF HEARING AND ASSESSMENT BALLOTS TO THE AFFECTED PROPERTY OWNERS WHEREAS, this City Council has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 100 (13th St/Balboa Blvd /Adams St /Ocean Front) (the "Assessment District ") to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith (the "Project "), pursuant to the terms and provisions of the "Municipal Improvement Act of 1913" (the "1913 Act "), being Division 12 of the Streets and Highways Code (the "Code "); and WHEREAS, a resolution adopting the boundary map for the Assessment District (the "Boundary Map ") and the resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and implementation of the Project have been adopted by this City Council on this same date; and WHEREAS, as further indicated in the Resolution of Intention, this City Council intends to designate the area of the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach ( "Chapter 15.32 "); WHEREAS, this City Council has heretofore employed Harris & Associates to provide services to the City of Newport Beach (the "City ") as assessment engineer for the Assessment District (the "Assessment Engineer") and directed the preparation and submission to the City Clerk of a written report (the "Assessment Engineer's Report") containing the matters required by Section 10204 of the 1913 Act, as supplemented by Article XIIID of the California Constitution and Section 53753 of the Government Code ( "Section 53753 ") (the 1913 Act, Article XIIID, and Section 53753 are referred to herein collectively as the "Assessment Law"), together with the information specified by Section 2961 of the Code and by Chapter 15.32; and WHEREAS, the Assessment Engineer's Report has been prepared and submitted to the City Clerk, and the City Clerk has submitted the report to this City Council for consideration in furtherance of the proceedings to establish the Assessment District; and WHEREAS, this City Council wishes to preliminarily approve the Assessment Engineer's Report, without modification, and to schedule the public hearing respecting the report; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. Pursuant to Section 10300 of the Code, the Assessment Engineer's Report is hereby preliminarily approved, without modification, for the purpose of conducting a public hearing as provided by the Assessment Law. Said report shall stand as the report for the purpose of subsequent proceedings under the Assessment Law, except that it may be confirmed, modified, or corrected as provided in the Assessment Law. SECTION 3. Pursuant to Section 10301 of the Code and Section 53753, this City Council hereby sets June 8, 2010, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, as the date, time and place for the public hearing with respect to the proposed Assessment District, the Project, the proposed establishment of the underground utilities district and any aspect of the Assessment Engineer's Report. Any interested person may appear and be heard with respect to said matters. SECTION 4. The City Clerk is hereby directed to mail or cause to be mailed a notice of hearing, together with an assessment ballot conforming to the provisions of Section 53753, to the property owners of the property proposed to be assessed, all in the time, form and manner provided by Section 53753, and upon completion of the mailing of the notice of hearing and the assessment ballots, the City Clerk is directed to file with this City Council an affidavit or certificate setting forth the manner of compliance with the requirements of Section 53753. SECTION 5. Upon receipt of a returned assessment ballot, whether by personal delivery or by return mail, the City Clerk shall place all such returned assessment ballots in safekeeping, with the contents of each such returned assessment ballot to be concealed until the public hearing has been completed and closed and the City Clerk is then directed to proceed with public opening and tally of such ballots for the purpose of determining and advising this City Council whether a majority protest has been established. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of April, 2010, by the following vote: Mayor ATTFCT- STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH I 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; that the foregoing resolution, being Resolution No. 2010 -35 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 13th day of April, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: Henn IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of April, 2010. do&g P. V � City C erk Newport Beach, California (Seal)