HomeMy WebLinkAbout2016-57 - Accepting Petition of Assessment District No. 114bRESOLUTION NO. 2016-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ACCEPTING
PETITION OF ASSESSMENT DISTRICT NO. 114b
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; and
WHEREAS, the petition 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; and
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 fifty percent
(50%) in area of the land subject to assessment within the proposed assessment
district.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: PETITION ACCEPTED. The petition, as filed with the City Clerk, is
hereby found to be legally sufficient and is accepted.
Section 2: DETERMINATION TO UNDERTAKE PROCEEDINGS. The special
assessment proceedings shall be undertaken by the terms of the petition, pursuant to
the Municipal Improvement Act of 1913 and the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 commencing with Section 2960 of the
Streets and Highways Code.
Resolution No. 2016-57
Page 2 of 2
Section 3: PUBLIC INTEREST AND CONVENIENCE SERVED. 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 not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3 because the activity is not a project as defined in
Section 15378 and has no potential for resulting in physical change to the environment,
directly or indirectly.
Section 5: ACTION IS FINAL. This action is " final' within the meaning of
Streets and Highways Code Section 3012.
Section 6: 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 24`h day of May, 2016.
ATTEST:
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Leilani I. Brown
City Clerk
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Diane B. Dixon
Mayor
Attachment: Assessment Engineer Certificate of Sufficiency of Petition
ATTACHMENT A
t'ERTIFICATF OI SUF`FICIENC'1 OF PETITION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACII
The undersigned hereby CERTIFIES as follows:
That I am the duly appointed ASSESS\iI'NT ENGINEER of the CITY OF NEWPORT BEACII.
CALIFORNIA.
That on the 25th day of April. '016, 1 r viewod a Petition for the formation of an Assessment District
for certain public works of inrprotcnicnw tourther with appurtenances. appurtenant work and
acquisition. where in a slicoal as,,:ssmem district knowtl and designated as
ASSESSNII \ I DI5rRl( f `v() 114b thcrcucrfter teferred fo ac the "Assessment District"). a copy
ofwbich a oii file in the 01114c of the Cinf fled.
The undersigned hereby !further specifically certifies as follows!
I . That I caused said Petition to he examined and my examination revealed that qud Petition was
signed by not less than rive (5) owners of assessable land in the proposed Assc,incnt District as
shown by the last cyualized asbessment roll used by the City, owning lands constituting more
than fitly percent (50%) of the area of all assessable lands within the proposed Assessment
District, all as prescrthed by Section 5896.6 of the Streets and highways Code of the State of
California.
2, Said Petition did reprr.enn filly nine and seventy one hundredths of a percent (59,71 °a) of the
assessable area ofpnolmt% w nthnt the proposed houndarir. (it the Assessment District
Executed this 25th day of April. 2016 at Imine. California.
L
_
AI.IS7( IN 13-0 1, LEY, P. E.
HARR IS d. ASSOCIATES t
ASSESSMENT ENGINEER
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
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; that the foregoing resolution, being Resolution
No. 2016-57 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 24`" day of May, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Mayor Dixon
NAYS: Council Member Petros
RECUSED: Mayor Pro Tem Muldoon, Council Member Curry
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of May, 2016.
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)