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HomeMy WebLinkAbout2016-104 - Preliminarily Approving the Assessment Engineers Report and Fixing the Time and Place of the Public Hearing for Assessment Districts No. 114 and 114BRESOLUTION NO. 2016-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PRELIMINARILY APPROVING THE ASSESSMENT ENGINEER'S REPORT AND FIXING THE TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 114 AND 114B WHEREAS, by Resolutions Nos. 2015-56 and 2016-57 (the `Resolution of Intention") in the proceedings for the formation of Assessment District No. 114 and 114b (the "Assessment District") this City Council ordered a report (the "Report") prepared by Harris & Associates, Inc. (the "Assessment Engineer") under and pursuant to the provisions of the Municipal Improvement Act of 1913 (the "1913 Act"), and, in particular, Section 10204 of the California Streets and Highways Code; and WHEREAS, the Assessment Engineer has prepared the Report and filed the same with the City Clerk, and the City Clerk has presented the Report to this City Council for consideration. NOW, THEREFORE, the Council of the City of Newport Beach does hereby resolve, as follows: Section 1: Recitals. The above recitals, and each of them, are true and correct and are incorporated into the operative part of this resolution Section 2: Approval of Report. The Report is preliminarily approved, and the City Clerk is directed to endorse the fact and date of such approval on the Report and to file the Report in her office. The Report shall stand as the report for the purpose of all subsequent proceedings under the 1913 Act and Article XIIID of the California Constitution ("Article XIIID") except that it may be conformed, modified or corrected as provided in the 1913 Act and Article XIIID. Section 3: Legal Findings. Pursuant to Section 2961 of the Streets and Highways Code and based on the information set forth in the Report, this City Council finds that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, other than contemplated by the present proceedings, plus the principal amount of the special assessment proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of Section 2961. Resolution No. 2016-104 Page 2 of 3 Section 4: Public Hearing. A public hearing shall be held on September 27, 2016 at 7:00 p.m. at the regular meeting place of the City Council at City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California 92660, to hear and consider protests and objections to the proposed Assessment District and the Report and to receive and count the ballots for and against the proposed Assessment District. Section 5: Notice. At least 45 days prior to the public hearing referred to in Section 4 hereof, the City Clerk shall cause a notice of the adoption of the Resolution of Intention, the filing of the Report and the setting of time and place for said public meeting and the public hearing referred to in Section 4 hereof to be mailed, postage prepaid, to all persons owning real property proposed to be assessed and whose names and addresses appear on the last equalized County of Orange assessment roll or the State Board of Equalization assessment roll, as the case may be, or who are known to the City Clerk. Such notice shall conform in all respects to the provisions of Section 53753 of the California Government Code and Article XIIID, Section 4 of the California Constitution. Section 6: Savings Clause. 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: Exemption from CEQA. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, even if subject to CEQA, it is exempt from CEQA pursuant to Section 15302(d) of the CEQA Guidelines, which applies to the conversion of overhead utility distribution system facilities to underground. Resolution No. 2016-104 Page 3 of 3 Section 8: City Clerk Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 9: Resolution Effective Immediately. This Resolution shall take effect immediately upon its adoption. ADOPTED, SIGNED AND APPROVED this 9th day of August, 2016. ATTEST: Diane B. Dixon Mayor e /M�ho�-' a Leilani I. Brown City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH ) I, Leilani 1. 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. 2016-104 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 gth day of August, 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, Council Member Petros, Mayor Dixon NAYS: None 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 10" day of August, 2016. Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)