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Home My WebLink About20 - Proposed Assessment District No. 113 - West Balboa Island, North Bayfront, South Bayfront and Agate AvenueQ SEW Pp�T CITY OF �m __ z NEWPORT BEACH C1-11:09 'P City Council Staff Report November 27, 2018 Agenda Item No. 20 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, Acting City Engineer PHONE: 949-644-3342 TITLE: Proposed Assessment District No. 113 — West Balboa Island, North Bayfront, South Bayfront and Agate Avenue ABSTRACT - The property owners on West Balboa Island between North Bay Front, South Bay Front and Agate Avenue have submitted a Petition requesting formation of an underground utility assessment district (AD -113). The City Council certified the Petition for AD -113 on February 14, 2017. On September 25, 2018, the City Council approved the Assessment Engineer's Report, declared its intention to levy assessments and to issue bonds to finance the undergrounding, and set November 27, 2018 as the time and place of a Public Hearing for AD -113. Ballots were mailed to each property owner and Council is requested to hold the Public Hearing, count ballots and determine if these property owners support or oppose forming AD -113. RECOMMENDATION: a) Open public hearing on the formation of Assessment District No. 113; b) Hear public testimony from those who desire to speak; c) Close the public hearing; d) Count ballots; and e) If there is greater than or equal to 50% of weighted "Yes" votes versus "No" votes submitted, a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: i. Adopt Resolution No. 2018-81, A Resolution of the City Council of the City of Newport Beach, California, Confirming Assessments and Proceedings, and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Assessment District No. 113; and ii. Approve Budget Amendment No.19BA-024 authorizing an advance from the General Fund in the amount of $485,000 to be repaid from Bond Proceeds and cash contributions from Assessment District No. 113 and appropriating $350,000 to Account No. 66302-941027 for electrical utility design by SCE, $25,000 to Account No. 66302-941005 for phone system design by AT&T, $45,000 to Account No. 66302-941006 for assessment engineering services, $50,000 to Account No. 66302-941008 for City Administration, and $15,000 to Account No. 66302-941012 for Bond Counsel. Funds remaining in any fiscal year will be carried forward to future annual budgets per Council Policy F-3. OR 20-1 Proposed Assessment District No. 113 November 27, 2018 Page 2 f) If desired not to form the District, adopt Resolution No. 2018-81, A Resolution of the City Council of the City of Newport Beach, California, Declaring Abandonment of Proceedings for City of Newport Beach Assessment District No. 113. FUNDING REQUIREMENTS: Funds will be provided by property owner contributions and/or bond proceeds if the Assessment District is approved. If AD -113 is formed, the City will be responsible for the estimated assessments for the Carol Beek Center/Balboa Island Park and the Public Restroom property near the ferry in the amount of $153,336. This amount will be included in a future Capital Improvement Program budget for Council approval. If the district is not successfully formed following the vote, General Funds previously appropriated and used for the preparation of the Engineer's Report and balloting effort, including legal fees from outside bond counsel, would not be recovered from the proposed district property owners. If the district is successfully formed, then these costs will be recovered from the respective property owners within the district. DISCUSSION: AD -113 Assessment District proposed to convert existing overhead utilities to underground locations. The property owners within the boundary of the proposed Assessment District will bear the cost of the improvements and associated proceedings. Owners of properties located in the Proposed Assessment District submitted a Petition to the City requesting the formation of a special assessment district to underground overhead utilities. On January 10, 2017 the assessment engineer certified that owners representing more than 60 percent of the assessable property area within AD -113 had signed the Petition for undergrounding overhead utilities. On February 14, 2017, the City Council approved Resolution No. 2017-11 certifying the Petition for AD -113. On September 25, 2018, the City Council approved the Assessment Engineer's Report, declared its intention to levy assessments and to issue bonds to finance the undergrounding, and set November 27, 2018 as the time and place of a Public Hearing. As a result of the high construction cost escalations witnessed this past year for AD -111, 116, 116b and 117, staff was unable to bring the Preliminary Engineers Report for AD - 113 forward. During the Petition stage of this project the estimated cost per parcel was $24,700. However, based on the AD -117 bids received this year, the cost is now estimated at $29,070 per parcel, which also assumes the City will be managing the construction instead of Southern California Edison (SCE). Municipal Improvement Act of 1913 of the Streets and Highways Code governs the procedures used to create assessment districts. The Improvement Bond Act of 1915 provides the proceedings to issue Limited Obligation Improvement Bonds. Such bonds can carry up to a 40 -year term and are issued to finance assessments not paid in cash within 30 days after confirmation of the assessment. Staff is recommending a 20 -year term for AD -113 bonds. 20-2 Proposed Assessment District No. 113 November 27, 2018 Page 3 Federal Income Tax Component of Contribution Tax (ITCC) has been eliminated pursuant to Council direction. The ITCC is a tax assessed whenever private party contributions in aid of construction (CIAC) are made for the benefit of utilities. To date, underground utility districts have not been assessed this tax as underground utility districts are viewed as providing public benefit by increasing community aesthetics and public safety. If following the public hearing and balloting, AD -113 is formed, an assessment lien would be recorded on the title of properties included in the District. Thereafter, a cash collection period would take place to provide property owners with an opportunity to prepay their assessment and remove the assessment lien. A second cash collection period is also anticipated prior to the bond sale, which is anticipated to occur prior to construction and after design is complete. The total assessment for Proposed Assessment District No. 113 is estimated as follows: Proposed Assessment District No. 113 ITEM COST Cost of Design and Construction $5,109,000.00 Incidental Costs and Expenses $712,500.00 Financing (Bond) Costs $428,000.00 Estimated Total Cost: $6,249,500.00 In addition to the payment of the assessment, each property owner will be responsible for the costs of connecting the main service conduit in the public right-of-way to the property owner's home or business. The cost to the property owner for this conversion varies depending on the condition and location of the current electrical service. Each property owner is encouraged to contact a licensed electrical contractor to assess its particular property needs. The following is a tentative schedule for proposed Assessment District No. 113: Resolution of Intention September 25, 2018 Public Hearing November 27, 2018 Utility Companies Design Completed December 2020 Tentative Bond Sale Period May thru July 2021 City managed utility construction work commences August 2021 Property owners notified to install service connections September 2022 Property owners complete conversions March 2023 Public Utilities begin to remove overhead structures April 2023 Public utilities finish removing poles and overhead structures October 2023 The assessment engineer used a lot size methodology to apportion assessments within each district considering that all properties are receiving the same safety, connection and aesthetic benefit. The special benefits from undergrounding the overhead utilities were defined as follows - 20 -3 Proposed Assessment District No. 113 November 27, 2018 Page 4 • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. For the purposes of this report, a street is defined as either a street or alley. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are directly adjacent to overhead facilities receive an aesthetic benefit. • Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in compact communities like Balboa Island, the negative effects of falling lines and poles are more widespread including blocked driveways and alleys, and property damage due to impact. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. • Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. When compared to overhead systems, fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a connection benefit. The following is a summary of properties with unique considerations: Assessment Nos. 1, 2, 3 and 60: Pole and guy wires will remain adjacent to these properties, but the properties will be connected to a new undergrounded system and power and cable lines will go underground adjacent to their properties. Therefore, these properties will be assigned zero (0) aesthetic benefits; all other benefits will be assigned. Assessment No. 57: The poles, wires and guy wires to be undergrounded are not in close proximity to the access point for this property and do not provide significant aesthetic benefit to this property. This property is directly oriented to the bay and receives no aesthetic benefit derived from undergrounding in the alleys. The poles, wires and guy wires to be underground are not in close proximity to this property and would not encroach on this property should they fall. Therefore, this property is assigned zero (0) aesthetic benefit and zero (0) safety benefit. It does connect to the new system and will be assigned a connection benefit. Assessment No. 61: Pole and guy wires will remain adjacent to this property; power and cable lines will go underground adjacent to the property. The property will not connect to the new underground system. Therefore, this property will not receive a connection benefit but aesthetic benefit is improved but not completely, so it is assigned a'/2 aesthetic benefit. It does receive the safety benefit as adjacent power and cable wires are being undergrounded. 20-4 Proposed Assessment District No. 113 November 27, 2018 Page 5 Ballot Tabulation Procedures: All assessment ballots submitted to the City Clerk prior to the close of the public hearing recommended to be set for November 27, 2018, will be tabulated per the ballot tabulation procedures directed by City Council Policy L-28. ENVIRONMENTAL REVIEW: On February 14, 2017 the City Council deemed this project exempt from the California Environmental Quality Act (CEQA) 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). z[9)t1INIkiLes The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the property owners of the proposed assessment district received notice of the Public Hearing a minimum of 45 days before the scheduled date along with their balloting information package. ATTACHMENTS: Attachment A — Council Report - September 25, 2018 (without attachments) Attachment B — Boundary Map Attachment C — Resolution Confirming Assessments Attachment D — Resolution Declaring Abandonment Attachment E — Final Engineer's Report Attachment F — Budget Amendment 20-5 pORr CITY OF NEWPORT BEACH �FOR�`r City Council Staff Report ATTACHMENT A September 25, 2018 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, Acting City Engineer PHONE: 949-644-3342 TITLE: Proposed Assessment District No. 113 —West Balboa Island, North Bayfront, South Bayfront and Agate Avenue ABSTRACT: The property owners on West Balboa Island between North Bay Front, South Bay Front and Agate Avenue have submitted a Petition requesting formation of an underground utility assessment district (AD -113). The City Council certified the Petition for AD -113 on February 14, 2017. City Council is asked to declare its intention to levy assessments and issue bonds to finance the undergrounding, approve the Assessment Engineer's Report, and set November 27, 2018, as the time and place of a Public Hearing for AD -113. NxK01LVA ILVA I:It•1171111101LlF a) Staff recommends the City Council acknowledge that on February 14, 2017, the City Council deemed this project exempt from the California Environmental Quality Act (CEQA) 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). b) Adopt Resolution No. 2018-68, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal Improvement Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain Findings and Determinations in Connection Therewith, all Relating to the Formation of Assessment District No. 113; c) Adopt Resolution No. 2018-69, 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. 113; d) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine that the City will not participate in the AD -113 balloting process for the Carol Beek/Balboa Island Park or the public restroom property near the Ferry Crossing by neither voting for nor against the assessment; and 20-6 Proposed Assessment District No. 113 — West Balboa Island, North Bayfront, South Bayfront and Agate Avenue September 25, 2018 Page 2 e) Approve Budget Amendment No.19BA-009 appropriating $30,000 to Account No. 66302-941006 for Engineering Services to ballot and tabulate voting for AD -1 13. FUNDING REQUIREMENTS: Funds will be provided by property owner contributions and/or bond proceeds if the Assessment District is approved. If AD -1 13 is formed, the City will be responsible for the estimated assessments for the Carol Beek Center/Balboa Island Park and the Public Restroom property near the ferry ($153,336). Based on City Council input, a $61,620 Professional Services Agreement with Penco Engineering was executed to complete the Engineer's Report for property owners to consider undergrounding for AD -113 formation. Approximately $50,000 of these funds are expended to date. During preparation of the Engineer's Report, the Assessment Engineer resigned from Penco Engineering and is now with a new firm, NV5. Since the District's Assessment Engineer is now with NV5, staff is working on a Professional Services Agreement with NV5 to complete the assessment engineering effort (mainly for balloting and addressing resident questions). These services cost $30,000 and require a budget amendment to fund balloting and tabulation services. If the district is not successfully formed following the vote, the General Funds utilized for the preparation of the Engineer's Report and balloting effort, including legal fees from outside bond counsel, would not be recovered from the proposed district property owners. If the district is successfully formed, then these costs will be covered from the respective property owners within the district. DISCUSSION: Owners of properties located in the Proposed Assessment District submitted a Petition to the City requesting the formation of a special assessment district to underground overhead utilities. On January 10, 2017 the assessment engineer certified that owners representing more than 60 percent of the assessable property area within AD -113 had signed the Petition for undergrounding overhead utilities. On February 14, 2017, the City Council approved Resolution No. 2017-11 certifying the Petition for AD -113. AD -113 Assessment District is being proposed for the conversion of existing overhead utilities to underground locations. The property owners within the boundary of the proposed Assessment District will bear the cost of the improvements and associated proceedings. As a result of the high construction cost escalations witnessed this past year for AD -111, 116, 116b and 117, staff was unable to bring the Preliminary Engineers Report for AD - 113 forward. During the Petition stage of this project the estimated cost per parcel was $24,700. However based on the AD -117 bids received this year, the cost is now estimated at $29,070 per parcel, which also assumes the City will be managing the construction instead of SCE. The proponents of this district have been patiently awaiting completion of the Engineer's Report and now have asked Staff to move this project forward to a vote before the end of the year. They also understand the increased cost since the petition approval. 20-7 Proposed Assessment District No. 113 — West Balboa Island, North Bayfront, South Bayfront and Agate Avenue September 25, 2018 Page 3 Municipal Improvement Act of 1913 governs the procedures used to create assessment districts. Bonds issued under the Improvement Bond Act of 1915 carry up to a 40 -year term and are issued to finance assessments not paid in cash within 30 days after confirmation of the assessment. Staff is recommending a 20 -year term for this AD -113. Federal Income Tax Component of Contribution Tax (ITCC) has been eliminated pursuant to Council direction. The ITCC is a tax assessed whenever private party contributions in aid of construction (CIAC) are made for the benefit of utilities. To date, underground utility districts have not been assessed this tax as underground utility districts are viewed as providing public benefit by increasing community aesthetics and public safety. If following the public hearing and balloting, AD -113 is formed; an assessment lien would be recorded on the title of properties included in the District. Thereafter, a cash collection period would take place to provide property owners with an opportunity to prepay their assessment and remove the assessment lien. A second cash collection period is also anticipated prior to the bond sale, which is anticipated to occur prior to construction and after design is complete. The total assessment for Proposed Assessment District No. 113 is estimated as follows: Proposed Assessment District No. 113 ITEM COST Cost of Design and Construction $5,109,000.00 Incidental Costs and Expenses $712,500.00 Financing Bond Costs $428,000.00 Estimated Total Cost: $6,249,500.00 In addition to the payment of the assessment, each property owner will be responsible for the costs of connecting the main service conduit in the public right-of-way to the property owner's home or business. The cost to the property owner for this conversion varies depending on the condition and location of the current electrical service. Each property owner is encouraged to contact a licensed electrical contractor to assess its particular property needs. The following is a tentative schedule for proposed Assessment District No. 113: Resolution of Intention September 25, 2018 Public Hearing November 27, 2018 Utility Companies Design Completed December 2020 Tentative Bond Sale Period May thru July 2021 City managed utility construction work commences August 2021 Property owners notified to install service connections September 2022 Property owners complete conversions March 2023 Public Utilities begin to remove overhead structures April 2023 Public utilities finish removing poles and overhead structures October 2023 Kff: Proposed Assessment District No. 113 — West Balboa Island, North Bayfront, South Bayfront and Agate Avenue September 25, 2018 Page 4 The assessment engineer used a lot size methodology to apportion assessments within each district considering that all properties are receiving the same safety, connection and aesthetic benefit. The special benefits from undergrounding the overhead utilities were defined as follows: • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. For the purposes of this report, a street is defined as either a street or alley. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are directly adjacent to overhead facilities receive an aesthetic benefit. • Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in compact communities like Balboa Island, the negative effects of falling lines and poles are more widespread including blocked driveways and alleys, and property damage due to impact. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. • Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. When compared to overhead systems, fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a connection benefit. The following is a summary of properties with unique considerations: Assessment Nos. 1, 2, 3 and 60. Pole and guy wires will remain adjacent to these properties, but the properties will be connected to new undergrounded system and power and cable lines will go underground adjacent to their properties. Therefore, these properties will be assigned zero (0) aesthetic benefits; all other benefits will be assigned. Assessment No.57. The poles, wires and guy wires to be undergrounded are not in close proximity to the access point for this property and do not provide significant aesthetic benefit to this property. This property is directly oriented to the bay and receives no aesthetic benefit derived from undergrounding in the alleys. The poles, wires and guy wires to be underground are not in close proximity to this property and would not encroach on this property should they fall. Therefore, this property is assigned zero (0) aesthetic benefit and zero (0) safety benefit. It does connect to the new system and will be assigned a connection benefit. 20-9 Proposed Assessment District No. 113 — West Balboa Island, North Bayfront, South Bayfront and Agate Avenue September 25, 2018 Page 5 Assessment No. 61. Pole and guy wires will remain adjacent to this property; power and cable lines will go underground adjacent to the property. The property will not connect to the new underground system. Therefore, this property will not receive a connection benefit but aesthetic benefit is improved but not completely, so it is assigned a % aesthetic benefit. It does receive the safety benefit as adjacent power and cable wires are being undergrounded. Ballot Tabulation Procedures: All assessment ballots submitted to the City Clerk prior to the close of the public hearing recommended to be set for November 27, 2018, will be tabulated per the ballot tabulation procedures directed by City Council Policy L-28. NVIRONMENTAL REVIEW: On February 14, 2017 the City Council deemed this project exempt from the California Environmental Quality Act (CEQA) 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). NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the property owners of the proposed assessment district will receive notice of the Public Hearing a minimum of 45 days before the scheduled date along with their balloting information package. ATTACHMENTS: Attachment A — Resolution of Intention No. 2018-68 Attachment B — Resolution No. 2018-69 Attachment C — Preliminary Engineer's Report for AD 113 Attachment D — Budget Amendment 20-10 &Aom(PT ;PC-yoV 00t>E Z}583 At -D cod dote ZT3E$.1 C^Mco) FILED IN THE OFFICE OF THE CITY CLERK OF NEWPORT BEACH, THIS DAY OF f_1X_ 20_ k��,�m CITY CLERK CITY OF NEWPORT BEACH v 11: 0 P, I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 117, CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF 20, BY ITS RESOLUTION No. gj/I f. DoU+1�1£NT xo/$dt�b 35209.3 /2 : o3 *u••1. FILED THIS DAY OF r, 20 /$ , AT THE HOUR OF O'CLOCK 6-3 M. IN BOOK /Pi? OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 27 , IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. COUNTY RECORDER OF COUNTY OF ORANGE '40614 NyVyGjEpJ, ARK-RECOA.DM NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ORANGE COUNTY ASSESSOR, WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. I it; 7_17,71L ATTACHMENT B ASSESSMENT DISTRICT No. 113 no] oil]II1111"All:0 CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA AUTO FERRY SIGN 1776 71 '�f 70 6 40161111,0111.1m /0 GRAPHIC SCALE SHEET 1 OF 1 200 2,1 PARCELS: 214 DISTANCE: 8860 LF POWER POLES TO BE REMOVED: 46 NEW RISER POLES: 2 20-11 POWER POLE TO BE REMOVED �- GUY WIRE TO BE REMOVED POWER POLE TO REMAIN IN PLACE ;�- - GUY WIRE TO REMAIN IN PLACE C NEW RISER POLE ..............................••• OVERHEAD UTILITY GUY WIRE TO REMAIN POWER LINE TO BE REMOVED - - - POWER LINE TO REMAIN - ASSESSMENT DISTRICT AREA BOUNDARY ON-SITE PARCEL OFF-SITE PARCELS AUTO FERRY SIGN PARCELS: 214 DISTANCE: 8860 LF POWER POLES TO BE REMOVED: 46 NEW RISER POLES: 2 20-11 ATTACHMENT C RESOLUTION NO. 2018-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND DESIGNATING THE SUPERINTENDENT OF STREETS TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 113 WHEREAS, this City Council has heretofore adopted Resolution No. 2018-68 (the "Resolution of Intention") declaring its intention to order the construction of the improvements described in the Resolution of Intention (the "Improvements") and to form Assessment District No. 113 (the "Assessment District") under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, "the Act"); WHEREAS, this City Council has heretofore preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the "Engineer's Report"); WHEREAS, this City Council fixed November 27, 2018, at the hour of 7:00 p.m. at the regular meeting place of the City Council, City Hall, 100 Civic Center Drive, Newport Beach, California 92660, as the time and place of hearing protests and objections to the improvements proposed in the Engineer's Report to be made, the extent of the Assessment District proposed to be created and/or to the proposed assessment; WHEREAS, the City Clerk has caused notice to be given of the passage of the Resolution of Intention, the filing of the Engineer's Report and the time and place and purpose of said hearing, all as required by the Act and by Section 53753(c) of the California Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID"); WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth the Improvements to be acquired and constructed, and the Final Report has been filed with the City Council and has been available for review by the property owners within the proposed Assessment District; 20-12 Resolution No. 2018 - Page 2 of 5 WHEREAS, at the time and place stated in the aforesaid notice, a hearing was duly held by this City Council and, during the course of said hearing, the Final Report was duly presented and considered, all written protests and objections received, if any, were duly presented, read, heard and considered and all persons appearing at said hearing and desiring to be heard in the matter of said Final Report were heard, and a full, fair and complete hearing has been conducted; WHEREAS, this City Council has received all ballots filed with the City Clerk prior to the conclusion of the hearing, and the Assessment Engineer, on behalf of the City Clerk, has counted all ballots for and against the formation of the Assessment District as provided in Article XIIID; WHEREAS, this City Council has considered the assessment proposed in the Final Report and the evidence presented at said hearing; and WHEREAS, under the provisions of Section 10424 of the California Streets and Highways Code, funds collected by the Director of Public Works acting as the Superintendent of Streets (the "Superintendent of Streets") pursuant to an assessment under the Municipal Improvement Act of 1913 are required to be placed in a special improvement fund designated by the name of the assessment proceeding. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The public hearing referred to in the recitals hereof has been duly held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This City Council is satisfied with the correctness of the Final Report, including the assessment and diagram and the maximum annual assessment for administrative expenses, the proceedings and all matters relating thereto. Section 2: The property within the Assessment District to be assessed as shown in the Final Report will be benefited by the Improvements. Section 3: The City Council overrules and denies any and all protests, objections and appeals made in regard to these proceedings; and it finds and determines that a majority of the ballots received are in favor of the assessment. In tabulating the ballots, the ballots were weighted according to the proportional financial obligation of the affected property. 20-13 Resolution No. 2018 - Page 3 of 5 Section 4: The amount of the assessments shown in the Final Report and the proposed maximum annual assessment per parcel for administrative expenses shown are confirmed and are fixed in said amounts. Section 5: The amounts to be assessed against the individual parcels shown on the assessment diagram contained in the Final Report are hereby approved and confirmed; and the City Council is authorized and directed to endorse the fact and date of such approval on the Final Report. Section 6: The assessment diagram and assessment is to be placed on file in the office of the Superintendent of Streets, and the City Clerk is authorized and directed to record, or cause to be recorded, the assessment diagram and assessment in the office of the County Recorder of the County of Orange as required by Sections 3114, 10401 and 10402 of the California Streets and Highways Code; and the City Clerk shall record, or cause to be recorded, a Notice of Assessment as required by Section 3114 of said Code. Section 7: The Superintendent of Streets is authorized and directed to give notice of the recordation of the assessment, as provided in Section 10404 of said Code. Section 8: This City Council hereby finds and determines that the information set forth in Table 1 of the Final Report demonstrates compliance with the requirements of Part 7.5 of Division 4 of the California Streets and Highways Code, thereby dispensing with any further proceedings pursuant to said Division 4, and this determination and action is final and conclusive as to all persons in accordance with Section 3012 of the California Streets and Highways Code. Section 9: The Superintendent of Streets is designated to receive the assessments paid during: (i) the thirty (30) day cash payment period which shall commence on the date of filing the assessment diagram with the Superintendent of Streets; and (ii) approximately ninety (90) days prior to the issuance of the limited obligation improvement bonds referenced in the Resolution of Intention (the "Bonds"). Section 10: Following receipt of the Certificate Regarding Paid and Unpaid Assessments, this City Council intends to proceed with authorization of the issuance and sale of the Bonds, pursuant to the Improvement Bond Act of 1915 and upon the security of and in a principal amount equal to the unpaid assessments, bearing interest at a rate not to exceed twelve percent (12%) per annum, with the last principal installment of the Bonds to mature not to exceed twenty (20) years from the second day of September next succeeding twelve (12) months from their date. 20-14 Resolution No. 2018 - Page 4 of 5 Section 11: The area within the Assessment District is hereby designated an underground utilities district pursuant to and in accordance with Chapter 15.32 of the Code of Ordinances of the City, and in accordance with Section 15.32.040 of such Code, this City Council hereby establishes the date which is one year from the date on which the Improvements are released by the utility companies responsible for such Improvements (the "Utility Companies") as a reasonable date by which all affected property owners must be ready to receive underground service. Section 12: The City Manager of the City, or any designees thereof, is authorized to execute any and all contracts with the Utility Companies for the purpose of constructing or funding the Improvements or otherwise carrying out the intentions of this Resolution. Section 13: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 14: 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 15: 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. Section 16: 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 day of 12018 Marshall "Duffy" Duffield Mayor 20-15 Resolution No. 2018 - Page 5 of 5 FWAINU N Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ,� op- 6�- - P,, - Aaron C. Harp City Attorney 20-16 ATTACHMENT D RESOLUTION NO. 2018-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ABANDONMENT OF PROCEEDINGS FOR CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 113 WHEREAS, this City Council has previously adopted Resolution No. 2018-68 (the "Resolution of Intention") and initiated proceedings for the acquisition of certain public works of improvement, namely, the conversion of certain overhead electrical, cable and communication facilities to underground locations, together with appurtenances and appurtenant work, in a special assessment district designated as "City of Newport Beach Assessment District No. 113" (hereinafter referred to as the "Assessment District") pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California (the "Act"), 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 Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law"); WHEREAS, after notice of a public hearing, accompanied by ballot materials, was mailed, a full public hearing on the improvements and assessments was held on November 27, 2018, all in accordance with Assessment Law; and WHEREAS, this City Council has received all ballots filed with the City Clerk prior to the conclusion of the hearing, and the Assessment Engineer on behalf of the City Clerk has counted all ballots for and against the formation of the Assessment District as provided in Article XIIID. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The public hearing referred to in the recitals hereof has been duly held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. Section 2: This City Council finds and determines based upon the Certificate of Assessment Engineer who conducted the ballot tabulation that a majority of the ballots received are in opposition to the assessment. In tabulating the ballots, the ballots were weighted according to the proportional financial obligation of the affected property. 20-17 Resolution No. 2018 - Page 2 of 3 Section 3: The proceedings heretofore taken under and pursuant to the Assessment Law for the work and improvements proposed by said Resolution of Intention in the Assessment District are hereby ordered abandoned. Section 4: The City Clerk shall immediately cause the recordation of a certified copy of this Resolution of Abandonment with the County Recorder. The certificate attached to the Resolution shall include a reference to the date of the adoption of this Resolution, the date of the original Resolution of Intention, and the date the map of the Assessment District was previously filed with the County Recorder. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: 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: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQX) 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. 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 day of , 2018 Marshall "Duffy" Duffield Mayor 20-18 Resolution No. 2018 - Page 3 of 3 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 20-19 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned CERTIFIES as follows: 1. During all of the times herein mentioned, the undersigned was, and now is, the duly qualified and acting City Clerk of the City of Newport Beach, California. 2. The attached Resolution abandoning proceedings for the construction of certain improvements in City of Newport Beach Assessment District No. 113 was duly adopted on November 27, 2018. 3. Reference is hereby made to a Resolution of Intention, Resolution No. 2018- 68, adopted on the September 25, 2018 for a further and complete description of the works of improvement and assessments proposed for the Assessment District. 4. A map of the proposed boundaries of the Assessment District was filed in the Office of the County Recorder of the County of Orange County on September 26, 2018, as Orange County Assessor Parcel Maps Recorded Document 2018000 352093. EXECUTED this day of , 2018. Leilani I. Brown City Clerk 20-20 C T Ilk FINAL ENGINEER'S REPORT FOR UNDERGROUNDING UTILITY - ASSESSMENT DISTRICT NO. 113, WEST BALBOA ISLAND PREPARED UNDER THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913 CITY OF NEWPORT BEACH r - ,1I — ��'-� �� O _�� +ter \ y�`t� .��F• 43 I � Attachment E 20-21 TABLE OF CONTENTS Page Introduction and Certifications........................................................................................1 PART I Plans and Specifications................................................................................... 6 PARTIICost Estimate...................................................................................................7 PARTIII Assessment Roll and Method ofAssessment Spread ....................................... 8 Table1 -Assessment Roll.............................................................................. 10 DebtLimit Valuation...................................................................................... 14 Exhibit I -Method and Formula of Assessment Spread .................................. 15 PARTIV Annual Administrative Assessment...............................................................21 PART V Diagram of Assessment District.....................................................................22 PART VI Description of Facilities..................................................................................24 Right -of -Way Certificate................................................................................26 Certification of Completion of Environmental Proceedings .......................... 27 APPENDIX A. Assessment Calculations 20-22 AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 113 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE The purpose of this Assessment District is to provide financing to underground power, telephone and cable facilities in the area known as West Balboa Island. The proposed underground utility improvements will provide conversion to an upgraded utility system and will enhance neighborhood aesthetics, safety and reliability. The construction ofthese improvements will conformto existing City ofNewportBeach, Southern California Edison, AT&T and Time Warner Cable standards. By virtue of such improvements, the proposed improvements are of special and direct benefit to these properties. Pursuant to the provisions of Article XIIID of the State Constitution, Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California, and the "Municipal Improvement Act of 1913", being Division 12 of said Code, and the Resolution of Intention, adopted by the City Council of the CITY OF NEWPORT BEACH, State of California, in connection with the proceedings for Underground Utility Assessment District No. 113 (hereinafter referred to as the "Assessment District"), I, Jeffrey M. Cooper, P.E., a Registered Professional Engineer and authorized representative of NV5, Inc., the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated below. PART I This part contains the plans and specifications which describe the general nature, location and extent for the proposed improvements to be constructed, and are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Superintendent of Streets. PART II This part contains an estimate of the cost of the proposed improvements, including capitalized interest, if any, incidental costs and expenses in connection therewith as set forth herein and attached hereto. 20-23 This part consists of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the special benefits to be received by such subdivisions from said improvements, which is set forth upon the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true value, determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. PART IV This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration and registration of any associated bonds and reserve or other related funds, or both. PART V This part contains a map showing the boundaries of the Assessment District, and a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention. The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. 20-24 PART VI This part shall consist of the following information: A. Description of facilities B. Right -of -Way Certificate C. Environmental Certificate This report is submitted on November 27, 2018 NV5, INC. 0 1 E�: JEFFREY M. COOPER, P.E. R.C.E. No. 31572 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 20-25 Final approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the _ day of , 2018. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Final approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the _ day of , 2018. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 20-26 Plans and Specifications The plans and specifications to construct the utility undergrounding improvements, and any ancillary improvements thereof, for the area generally described as Underground Utility Assessment District No. 113 known as West Balboa Island describe the general nature, location and extent of the improvements for Assessment District are referenced herein and incorporated as if attached and a part of this Report. Said Plans and Specifications for the improvements are shown on the assessment diagram. Final plans and specifications will be prepared by the City in conjunction with the utility companies and will be on file in the office of the Superintendent of Streets when completed. 20-27 Part II Cost Estimate ASSESSMENT DISTRICT 113 ESTIMATE - WEST BALBOA ISLAND 10a3U1401101_10WNW4►ly;W Assessment Engineering CALCULATION Final Estimate $300,000.00 Lenqth in ft. Cost per ft. Financial Advisor Utility Engineering & Construction Bond and Disclosure Counsel $55,000.00 Underwriter's Counsel Southern California Edison 7,800 $50 $390,000.00 AT&T 7,800 $10 $78,000.00 Civil Utilitiy Construction Cost 7,800 $456 $3,554,000.00 Paving Restoration Cost (50% Contribution) Subtotal Incidental & Construction $5,821,500.00 $421,000.00 $4,443,000.00 Contingecy 15.0% $666,000.00 TOTAL CONSTRUCTION $5,109,000.00 10a3U1401101_10WNW4►ly;W Assessment Engineering $200,000.00 Contract Inspection $300,000.00 City Administration $100,000.00 Financial Advisor $20,000.00 Bond and Disclosure Counsel $55,000.00 Underwriter's Counsel $15,000.00 Paying Agent $2,500.00 Credit Rating Fee $15,000.00 Printing, Advertising, Notices $2,500.00 Miscellaneous $2,500.00 Subtotal Incidential Expenses $712,500.00 Construction $5.109.000.00 Subtotal Incidental & Construction $5,821,500.00 FINANCIAL COSTS Underwriter's Discount Bond Reserve Capitalized Interest - 5.0% for 3 Months Subtotal & Financial Costs TOTAL ESTIMATE 1.0% $59,000.00 5.0% $295,000.00 1.3% $74,000.00 7.3% $428,000.00 $6,249,500.00 20-28 Part III Assessment Roll and Method of Assessment Spread WHEREAS, on September 25, 2018 the City Council ofthe CITY OF NEWPORT BEACH, State of California, did, pursuant to the provisions of the 1913 Act "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code, of the State of California, adopt its Resolution of Intention No. 2018-68, for the installation and construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith (the "improvements"), in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 113 (hereinafter referred to as the "Assessment District"); and WHEREAS, said Resolution of Intention, as required by Law, did direct the Engineer of Work to make and file a "Report", consisting of the following as required by Section 10204 of the Act: a. Plans and Specifications b. A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances, or property are to be acquired as part of the improvement. c. Cost Estimates d. Assessment Diagram showing the Assessment District and the subdivisions of land therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels within the boundaries of the Assessment District; f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted. NOW, THEREFORE, I, JEFFREY M. COOPER, P.E., the authorized representative ofNV5, pursuant to Article XIIID of the California Constitution and the "Municipal Improvement Act of 1913", do hereby submit the following: Pursuant to the provisions of Law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto and incorporated herein. 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said 20-29 District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as containedherein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 ofthe Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments, which bonds shall be issued in one or more series, each with a term not to exceed the legal maximum term as authorized by law, THIRTY-NINE (3 9) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913", and by further direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: For particulars as to the individual assessments and their descriptions, reference is made to Table 1(Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit I), which is attached hereto, referenced and so incorporated. 20-30 As Preliminary Approved As Confirmed Estimated Cost of Design and Construction: $5,109,000.00 Estimated Incidental Expenses: $712,500.00 Estimated Financial Costs: $428,000.00 Estimated Contribution: $ Estimated Total to Assessment: $6,249,500.00 For particulars as to the individual assessments and their descriptions, reference is made to Table 1(Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit I), which is attached hereto, referenced and so incorporated. 20-30 Assessments as Assessments as To Asmt No. Assessor's Total True Value Existing Preliminarily Confirmed and Value Parcel Number Liens Approved Recorded Lien Ratio 1 050-043-17 $ 598,325.00 $ 19,079.27 $ 31 2 050-043-16 $ 588,608.00 $ 18,516.28 5,473,461.00 32 3 050-043-15 $ 680,183.00 $ 18,899.82 $ 36 4 050-043-14 $ 1,395,629.00 $ 29,547.47 $ 47 5 050-043-13 $ 554,036.00 - $ 45,930.63 1,268,617.00 12 6 050-042-29 $ 1,940,948.00 $ 28,562.23 050-011-24 68 7 050-042-28 $ 4,084,064.00 $ 28,562.23 26,042.82 143 8 050-042-26 $ 275,727.00 $ 28,090.72 60 10 9 050-042-27 $ 5,221,505.00 $ 27,689.58 30 189 10 050-042-12 $ 1,278,354.00 $ 28,801.50 050-021-19 44 11 050-042-11 $ 4,503,937.00 $ 28,379.25 $ 159 12 050-041-13 $ 407,196.00 $ 29,575.62 5,223,280.00 14 13 050-041-12 $ 432,330.00 $ 29,322.27 $ 15 14 050-041-11 $ 7,000,000.00 $ 659,636.00 $ 28,562.23 23 15 050-041-10 $ 25,571.31 $ 5,473,461.00 $ 36,781.96 149 16 050-041-09 113 23 $ 6,755,907.00 $ 37,950.17 178 17 050-011-11 050-011-04 $ $ 3,306,776.00 $ 30,068.24 110 18 050-011-10 1,268,617.00 $ $ 769,439.00 $ 27,457.35 28 19 050-011-24 35,571.52 68 $ 1,478,337.00 $ 28,942.25 51 20 050-011-25 $ 7,000,000.00 $ 29,139.30 240 21 050-011-07 $ 1,638,129.00 $ 25,571.31 64 22 050-011-06 $ 3,212,793.00 $ 28,449.63 113 23 050-011-05 $ 6,439,454.00 $ 28,449.63 226 24 050-011-04 $ 5,780,447.00 $ 31,236.45 185 25 050-011-03 $ 1,268,617.00 $ 37,471.63 34 26 050-011-02 $ 2,429,210.00 $ 35,571.52 68 27 050-011-01 $ 1,275,546.00 $ 26,042.82 49 28 050-021-09 $ 1,616,304.00 $ 27,147.70 60 29 050-021-08 $ 3,644,351.00 $ 27,647.36 132 30 050-021-18 $ 2,755,648.00 $ 27,844.41 99 31 050-021-19 $ 1,401,895.00 $ 27,844.41 50 32 050-021-06 $ 3,986,274.00 $ 27,492.53 145 33 050-021-05 $ 5,223,280.00 $ 39,723.61 131 34 050-021-21 $ 1,873,632.00 $ 27,914.78 67 35 050-021-22 $ 413,889.00 $ 27,844.41 15 36 050-021-03 $ 5,307,986.00 $ 38,987.66 136 37 050-021-02 $ 258,449.00 $ 27,844.41 9 38 050-021-01 $ 2,457,144.00 $ 40,307.72 61 39 050-022-28 $ 11,173,602.00 $ 52,714.72 212 40 050-022-22 $ 4,473,462.00 $ 33,403.98 134 41 050-022-21 $ 1,724,611.00 $ 33,403.98 52 42 050-022-20 $ 2,399,397.00 $ 33,403.98 72 43 050-022-19 $ 960,904.00 $ 33,403.98 29 44 050-032-05 $ 657,074.00 $ 48,133.35 14 45 050-032-04 $ 3,705,000.00 $ 29,019.66 128 46 050-032-03 $ 4,143,000.00 $ 29,448.94 141 47 050-032-02 $ 307,065.00 $ 28,801.50 11 48 050-032-01 $ 312,430.00 $ 29,033.73 11 49 050-031-06 $ 2,486,024.00 $ 29,019.66 86 50 050-031-05 $ 4,389,447.00 $ 28,745.20 153 51 050-031-04 $ 4,150,000.00 $ 28,245.54 147 52 050-031-03 $ 479,663.00 $ 28,498.89 17 53 050-031-02 $ 3,857,050.00 $ 29,019.66 - 133 54 050-031-01 $ 1.741.510.00 $ 29.019.66 - 60 *City owned 20-31 Assessments as Assessments as Assessor's Existing Value To Asmt No. Total True Value Preliminarily Confirmed and Parcel Number Liens Lien Ratio Approved Recorded 55 050-072-39 $ 2,027,436.00 $ 29,012.62 70 56 050-072-40 $ 927,702.00 - $ 29,012.62 32 57 050-072-44 $ 267,125.00 - $ 9,800.41 27 58 050-072-43 $ 1,792,212.00 - $ 26,788.79 67 59 050-072-48 $ 165,910.00 $ 28,674.82 6 60 050-072-47 $ 1,992,801.00 $ 19,068.72 105 61 050-072-35 $ 792,296.00 $ 13,459.11 59 62 050-031-36 $ 443,503.00 $ 35,156.31 13 63 050-031-35 $ 3,411,738.00 $ 27,745.88 123 64 050-031-34 $ 609,188.00 $ 27,471.42 22 65 050-031-33 $ 1,086,878.00 $ 148,633.00 $ 29,111.15 5 66 050-031-32 $ 27,745.88 $ 988,113.00 $ 27,147.70 36 67 050-031-38 59 74 $ 1,830,615.00 $ 27,745.88 66 68 050-031-37 050-031-25 $ $ 2,298,989.00 $ 27,745.88 83 69 050-031-30 713,022.00 $ $ 239,174.00 $ 28,688.90 8 70 050-031-29 27,886.63 74 $ 217,830.00 $ 27,189.92 8 71 050-031-39 $ 1,086,878.00 $ 27,745.88 39 72 050-031-40 $ 921,827.00 $ 27,745.88 33 73 050-031-27 $ 1,615,045.00 $ 27,204.00 59 74 050-031-26 $ 659,707.00 $ 29,660.07 22 75 050-031-25 $ 1,162,219.00 $ 27,745.88 42 76 050-031-24 $ 713,022.00 $ 29,315.23 24 77 050-031-42 $ 2,058,853.00 $ 27,886.63 74 78 050-031-41 $ 940,239.00 $ 34,199.22 27 79 050-043-34 $ 2,595,798.00 $ 29,638.95 88 80 050-043-33 $ 1,588,245.00 - $ 27,745.88 57 81 050-043-32 $ 2,899,339.00 - $ 27,745.88 - 104 82 050-043-25 $ 125,288.00 - $ 27,267.34 - 5 83 050-043-24 $ 136,847.00 $ 27,499.57 - 5 84 050-043-31 $ 2,088,944.00 $ 62,222.31 - 34 85 050-043-29 $ 610,552.00 $ 91,786.60 - 86 050-043-12 $ 963,507.00 $ 31,602.40 - 30 87 050-043-11 $ 142,177.00 $ 27,745.88 - 5 88 050-043-10 $ 2,350,191.00 $ 27,365.86 - 86 89 050-043-09 $ 981,702.00 $ 27,133.62 - 36 90 050-043-08 $ 162,400.00 $ 27,745.88 - 6 91 050-043-07 $ 2,681,012.00 $ 27,344.75 - 98 92 050-043-06 $ 1,066,544.00 $ 127,209.00 $ 27,957.01 5 93 050-043-05 $ 27,745.88 $ 165,908.00 $ 27,745.88 6 94 050-043-04 82 101 $ 2,637,626.00 $ 27,745.88 95 95 050-043-03 050-031-18 $ $ 227,464.00 $ 27,098.44 8 96 050-043-02 966,995.00 $ $ 1,989,000.00 $ 27,647.36 72 97 050-043-01 27,105.47 - 48 $ 236,467.00 $ 27,450.31 9 98 050-031-22 $ 1,066,544.00 $ 27,450.31 39 99 050-031-21 $ 1,513,033.00 $ 27,745.88 55 100 050-031-20 $ 2,288,880.00 $ 27,745.88 82 101 050-031-19 $ 2,150,000.00 $ 26,697.30 81 102 050-031-18 $ 180,963.00 $ 27,795.14 7 103 050-031-17 $ 966,995.00 $ 26,929.54 36 104 050-031-16 $ 1,302,608.00 $ 27,105.47 - 48 105 050-031-15 $ 1,966,199.00 - $ 27,745.88 - 71 106 050-031-14 $ 871,526.00 - $ 26,831.01 - 32 107 050-031-13 $ 460,260.00 $ 27,745.88 - 17 108 050-031-12 $ 385,901.00 $ 27,745.88 - 14 20-32 Assessments as Assessments as Asmt No. Assessor's Total True Value Existing Preliminarily Confirmed and Value To Parcel Number Liens Lien Ratio Approved Recorded 109 050-031-11 $ 910,916.00 - $ 26,950.65 34 110 050-031-10 $ 1,951,531.00 - $ 27,745.88 70 111 050-031-09 $ 273,215.00 - $ 27,745.88 10 112 050-031-08 $ 2,586,099.00 - $ 26,683.23 97 113 050-031-07 $ 1,866,898.00 - $ 31,947.23 58 114 050-032-33 $ 631,500.00 - $ 20,314.34 31 115 050-032-32 $ 748,120.00 - $ 27,745.88 27 116 050-032-31 $ 422,179.00 - $ 26,739.53 16 117 050-032-30 $ 228,232.00 - $ 27,415.12 8 118 050-032-29 $ 2,450,000.00 - $ 27,070.29 91 119 050-032-28 $ 458,226.00 - $ 27,569.95 17 120 050-032-27 $ 749,934.00 - $ 27,513.65 27 121 050-032-26 $ 1,336,590.00 - $ 27,274.37 49 122 050-032-25 $ 1,298,335.00 - $ 27,457.35 47 123 050-032-24 $ 2,279,564.00 - $ 27,710.69 82 124 050-032-23 $ 1,071,591.00 - $ 27,745.88 39 125 050-032-22 $ 3,187,500.00 - $ 27,745.88 115 126 050-032-21 $ 1,836,000.00 - $ 27,415.12 67 127 050-032-35 $ 173,631.00 - $ 27,830.33 6 128 050-032-34 $ 535,559.00 - $ 27,745.88 19 129 050-042-25 $ 159,063.00 - $ 27,042.14 6 130 050-042-24 $ 2,642,616.00 - $ 27,745.88 95 131 050-042-23 $ 2,308,629.00 $ 27,745.88 83 132 050-042-22 $ 2,553,967.00 $ 27,006.95 95 133 050-042-21 $ 618,649.00 $ 27,274.37 23 134 050-042-20 $ 232,430.00 - $ 27,745.88 - 8 135 050-042-19 $ 186,119.00 - $ 27,028.06 - 7 136 050-042-18 $ 700,085.00 - $ 28,245.54 - 25 137 050-042-17 $ 652,794.00 $ 26,978.80 - 24 138 050-042-16 $ 743,345.00 $ 28,900.02 - 26 139 050-042-15 $ 2,500,356.00 $ 30,138.61 - 83 140 050-042-10 $ 2,110,505.00 $ 26,943.61 78 141 050-042-09 $ 2,674,529.00 $ 27,745.88 96 142 050-042-08 $ 1,029,430.00 $ 27,745.88 37 143 050-042-07 $ 226,267.00 $ 28,280.73 8 144 050-042-06 $ 116,380.00 $ 27,745.88 4 145 050-042-05 $ 231,844.00 $ 26,894.35 9 146 050-042-04 $ 2,365,000.00 $ 27,541.80 86 147 050-042-03 $ 118,608.00 $ 27,745.88 4 148 050-042-02 $ 2,056,295.00 $ 27,408.08 75 149 050-042-01 $ 2,325,000.00 $ 27,745.88 84 150 050-032-19 $ 178,504.00 $ 27,745.88 6 151 050-032-18 $ 507,549.00 $ 26,774.71 19 152 050-032-17 $ 1,075,544.00 $ 27,745.88 39 153 050-032-16 $ 2,900,526.00 $ 27,745.88 105 154 050-032-15 $ 2,077,364.00 $ 27,745.88 75 155 050-032-14 $ 2,249,222.00 $ 27,281.41 82 156 050-032-13 $ 2,547,263.00 $ 28,013.30 91 157 050-032-12 $ 1,013,099.00 $ 29,765.63 34 158 050-032-11 $ 113,120.00 - $ 27,745.88 - 4 159 050-032-10 $ 211,145.00 - $ 27,724.77 - 8 160 050-032-09 $ 940,913.00 - $ 27,112.51 - 35 161 050-032-08 $ 225,639.00 $ 27,584.02 - 8 162 050-032-07 $ 1,203,346.00 $ 28,942.25 - 42 20-33 Asmt No. Assessor's Parcel Number Total True Value Existing Liens Assessments as Assessments as Preliminarily Confirmed and Approved Recorded Value To Lien Ratio 163 050-032-06 $ 280,556.00 $ 15,993.35 18 164 050-022-18 $ 1,468,240.00 - $ 25,191.29 58 165 050-022-17 $ 642,439.00 - $ 28,935.21 22 166 050-022-16 $ 538,184.00 - $ 27,745.88 19 167 050-022-15 $ 2,386,681.00 $ 27,745.88 86 168 050-022-14 $ 1,298,348.00 $ 27,745.88 47 169 050-022-13 $ 1,457,913.00 $ 28,048.49 52 170 050-022-27 $ 1,371,265.00 $ 27,921.82 49 171 050-022-26 $ 617,228.00 $ 27,745.88 22 172 050-022-11 $ 868,721.00 $ 25,571.31 34 173 050-022-10 $ 212,898.00 $ 27,745.88 8 174 050-022-09 $ 2,876,211.00 $ 27,745.88 104 175 050-041-22 $ 1,060,718.00 $ 28,484.81 37 176 050-041-21 $ 206,354.00 $ 27,562.91 7 177 050-041-20 $ 2,948,234.00 $ 27,745.88 106 178 050-041-19 $ 2,478,600.00 $ 28,428.51 87 179 050-041-18 $ 196,528.00 $ 26,155.42 8 180 050-041-17 $ 4,029,000.00 $ 27,745.88 145 181 050-041-16 $ 2,495,676.00 $ 27,745.88 90 182 050-041-15 $ 153,007.00 $ 28,850.76 5 183 050-041-14 $ 105,544.00 $ 25,353.15 4 184 050-041-08 $ 105,551.00 $ 25,353.15 4 185 050-041-07 $ 2,830,000.00 $ 27,745.88 102 186 050-041-06 $ 1,725,589.00 $ 27,745.88 62 187 050-041-05 $ 3,199,745.00 $ 27,492.53 116 188 050-041-04 $ 2,328,000.00 $ 27,745.88 - 84 189 050-041-03 $ 3,519,000.00 $ 27,745.88 - 127 190 050-041-02 $ 419,112.00 $ 27,640.32 - 15 191 050-041-01 $ 820,523.00 $ 27,921.82 - 29 192 050-022-08 $ 215,849.00 $ 25,697.99 - 8 193 050-022-07 $ 3,600,000.00 $ 26,042.82 - 138 194 050-022-06 $ 2,731,050.00 $ 27,745.88 - 98 195 050-022-24 $ 1,442,384.00 $ 29,547.47 - 49 196 050-022-25 $ 636,954.00 $ 27,745.88 - 23 197 050-022-04 $ 226,273.00 $ 28,738.16 - 8 198 050-022-03 $ 1,452,037.00 $ 27,745.88 - 52 199 050-022-02 $ 3,901,500.00 $ 40,307.72 - 97 200 050-021-17 $ 283,567.00 $ 26,852.13 - 11 201 050-021-16 $ 1,350,541.00 $ 27,745.88 - 49 202 050-021-15 $ 341,537.00 $ 27,640.32 - 12 203 050-021-14 $ 1,171,759.00 $ 27,358.82 - 43 204 050-021-13 $ 956,123.00 $ 26,922.50 - 36 205 050-021-12 $ 3,672,910.00 $ 27,745.88 - 132 206 050-011-21 $ 2,330,918.00 $ 27,745.88 - 84 207 050-011-20 $ 161,609.00 $ 28,294.80 - 6 208 050-011-19 $ 2,311,697.00 $ 27,745.88 - 83 209 050-011-14 $ 1,829,019.00 $ 27,900.71 - 66 210 050-011-13 $ 396,242.00 $ 27,745.88 - 14 211 050-011-12 $ 2,003,131.00 $ 24,156.79 - 83 212 050-011-29 $ 1,031,469.00 - $ 55,522.66 - 19 213 050-021-24 $ 3,676,007.00 - $ 35,177.42 - 104 214 050-021-23 $ 2,927,559.00 - $ 28,358.14 - 103 215 050-052-30 $ 184,224.00 $ 61,550.23 - *City owned 20-34 Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT (Not including city ownedparcels) $6,096,163.17 B. UNPAID SPECIAL ASSESSMENTS $0 TOTAL A& B $6,096,163.17 C. TRUE VALUE OF PARCELS (Not including city owned parcels) $355,991,538.00 AVERAGE VALUE TO LIEN RATIO 57:1 * Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. * * True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. CERTIFICATION I, the undersigned Assessment Engineer, do hereby certify that (i) the total amount of the principal sum of the special assessments proposed to be levied, together with the principal amount of previously levied special assessments, as set forth above, do not exceed one-half (1/2) the total true value of the parcels proposed to be assessed, and (ii) the amount proposed to be assessed upon any parcel does not exceed one-half of the true value of the parcel. EXECUTED ON November 27, 2018 NV5, INC. ?/� i�-' JE EY M. tOOPER, P.E. R.C.E. No. 31572 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 20-35 Exhibit 1 Method and Formula of Assessment Spread Since the improvements are to be funded by the levying of assessments, the "Municipal Improvement Act of 1913" and Article XIIID of the State Constitution require that assessments must be based on the special benefit that the properties receive from the works of improvement. In addition, Section 4 of Article XIIID of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also provides that parcels within a district that are owned or used by any public agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District. Based upon an analysis of the special benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportionment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits received by each parcel within the Assessment District. Ballot tabulation will be done at that time and, if a majority of the returned ballots weighted by assessment amount are not in opposition to the Assessment District, the City Council may form the Assessment District. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. SPECIAL BENEFITS In further making the analysis, it is necessary that the properties receive a special benefit distinguished from general benefits conferred on real property located in the District or to the public at large. 20-36 The purpose ofthis Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities as well as rehabilitate the affected portions of streets and alleys within the District. These facilities are the direct source of service to the properties within the Assessment District. The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing utility poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to, or in near proximity of, the facilities as follows: ❑ Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. For the purposes of this report, a street is defined as either a street or alley. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are directly adjacent to overhead facilities receive an aesthetic benefit. This benefit is based on the area of the parcel. ❑ Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in compact communities like Balboa Island, the negative effects of falling lines and poles are more widespread including blocked driveways and alleys, and property damage due to impact. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. This benefit is based on the area of the parcel. ❑ Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due' to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. When compared to overhead systems, fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a connection benefit. This benefit is based upon connecting for each property. By virtue of such special benefits, the proposed improvements will provide a higher level of service, increase the desirability of the properties and will specifically enhance the values of the properties within the Assessment District. Therefore, the proposed improvements are of direct and special benefit to these properties. The following is a summary of each property with special consideration: 20-37 Assessment Nos. 1, 2, 3 and 60. Pole and guy wires will remain adjacent to these properties, but the properties will be connected to new undergrounded system and power and cable lines will go underground adj acent to their properties. Therefore, these properties will be assigned zero (0) aesthetic benefits; all other benefits will be assigned. Assessment No.57. The poles, wires and guy wires to be undergrounded are not in close proximity to the access point for this property and do not provide significant aesthetic benefit to this property. This property is directly oriented to the bay and receives no aesthetic benefit derived from undergrounding in the alleys. The poles, wires and guy wires to be underground are not in close proximity to this property and would not encroach on this property should they fall. Therefore, this property is assigned zero (0) aesthetic benefit and zero (0) safety benefit. It does connect to the new system and will be assigned a connection benefit. Assessment No. 61. Pole and guy wires will remain adjacent to this property; power and cable lines will go underground adjacent to the property. The property will not connect to the new underground system. Therefore, this property will not receive a connection benefit but aesthetic benefit is improved but not completely, so it is assigned a'/2 aesthetic benefit. It does receive the safety benefit as adjacent power and cable wires are being undergrounded. GENERAL BENEFITS Section 4 of Article XIIID requires that the general benefits imparted by the utility undergrounding project be separated from the special benefits and that only the special benefit portion of the costs of the project be assessed against those parcels which are identified as receiving special benefits. Separating the general from the special benefits requires an examination of the facts and circumstances of the project and the property being assessed. In this particular assessment district, the streets and alleys along which the existing overhead utility facilities are being undergrounded function as local and collector streets. No other roadways are designated as an arterial, a major arterial or a scenic corridor in the Transportation Element of the City's General Plan. Furthermore, the City has an established network of arterial streets which appear to function as intended to provide for the movement of traffic around and through the community at large without the need to utilize local collector streets for such purposes. Under these circumstances, any use of the streets within the assessment district as "through" streets is incidental. The properties situated within the assessment district are used almost exclusively as residential. Under this circumstance, the impacts, both visual and safety, are largely isolated to those properties (and the persons who inhabit them) which front on these local streets and alleys, with only incidental impacts on those who visit homes within the assessment district or who pass through the assessment district on trips originating outside the boundary and having a destination outside the boundary. 20-38 Based on these facts and circumstances, any general benefits to the property within the Assessment District in general, to the surrounding community and to the public at large from the project of undergrounding these local overhead utility facilities on the local streets and alleys, such as to the general public visiting in cars, on bikes or on foot, are incidental and do not exceed five percent (5%) of the estimated project costs. This general benefit portion of the cost is more than offset by the approximate 20% percent utility company contribution. Therefore, the remainder of the project design and construction costs represents the local and special benefits to the parcels within the Assessment District. Because only the net amount of $6,249,500.00 is apportioned to the parcels within the District, no parcel is assessed more than its proportional share of the special benefits from the improvements. METHODOLOGY Based upon the findings described above, the special benefit received by the properties within the boundaries of the Assessment District is the conversion from an overhead to an underground utility system resulting in additional safety, enhanced reliability, and improved aesthetics to the adjacent properties. Based on these conditions, it is our conclusion that the improvements specially benefit all assessed properties in the AssessmentDistrict. To establish the benefit to the individual parcels within the Assessment District, the highest and best use of each property is considered. For example, a vacant property is considered developed to its highest potential and connected to the system. The more a property is developed, the more it benefits from the proposed improvements. Most of properties within this Assessment District are zoned residential and some have one or two dwelling units on them. There is a direct correlation between the size of a property and the extent to which a property may develop. Because parcel size is one of the main limiting factors for what can be built on a property, or the extent the property is developed, the size of each parcel is used as the base unit for measuring benefit. Consideration was given to reducing the amount of area assigned to parcels based upon the building setbacks applicable to each parcel. Due to the combined factors of (a) significant variations in the setback requirements, including front, side and rear setbacks, (b) availability of future variances from currently applicable setback requirements as well as existing variances already in place, and (c) significant variations in the ratios between building size and lot size, it was concluded that adjustments to parcel areas on account of setback requirements would not improve upon the assessment methodology. Accordingly, no reductions have been made to parcel area based upon applicable setback requirements or the existence of easements within those setbacks. 20-39 The area of a condominium is calculated by taking the area of the base parcel and dividing by the number of condominiums. The special benefits from the undergrounding of overhead utilities are categorized into the three (3) distinct benefits identified above. All parcels within the District, except for those few exceptions identified above, receive 3 of the 3 benefits. For the Improved Aesthetics Benefit and the Additional Safety Benefit the parcel area is multiplied by 1 to calculate the "Aesthetics Benefit Area" and the "Safety Benefit Area". For the Connection Benefit, the average parcel area within the district is multiplied by the number of connections (with a maximum of one) on each parcel to determine "Connection Benefit Area". The Assessed Benefit Area per parcel is equal to the Aesthetics Benefit Area plus the Safety Benefit Area plus the Connection Benefit Area, divided by 3. ASSESSMENT APPORTIONMENT Each parcel will be apportioned its fair share of the construction costs based on the Assessed Benefit Area calculated for eachproperty. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. The individual assessment calculations are provided in Appendix A. For particulars to the Assessment Roll, reference is made to Table 1 in Part III of this report. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. Dated: November 27, 2018 NV5, INC. QROFESS/pN4 � <11, ?/� i �� orn � c� JEIVREY M. WOPER, P.E. 31572 R.C.E. No. 31572 * * ENGINEER OF WORK s�q civic CITY OF NEWPORT BEACH rF OF c N0 °� STATE OF CALIFORNIA 20-40 as CITY CLERK ofthe CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of 2018. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA as CITY CLERK ofthe CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF NEWPORT BEACH, CALIFORNIA, on day of , 2018. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, as CITY CLERK ofthe CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council ofthe CITY OF NEWPORT BEACH, CALIFORNIA, on day of , 2018. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA as SUPERINTENDENT OF STREETS ofthe CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was recorded in my office on day of , 2018. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA 20-41 Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(£) of the Streets and Highways Code and shall not exceed fifty dollars ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. 20-42 Diagram of Assessment A reduced copy of the Assessment Diagram is attached hereto. Full-sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the City Clerk, of the City of Newport Beach. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Part III Table I. The Assessor's Parcel Number is also shown for each parcel as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel ofland. 20-43 N V 5 14$EXHIBIT41, 391 9 706 a ® 2O� S Q' '0B U- M124 > 2°y 2pp 3 � � 22 22s S 314 315 'I/2 h3f1 O ® r 'rS RVO y]°20� a �2r' ]2r9 22> 3 p� 23j1 U) 312 315 LEGEND POWER POLE TO BE REMOVED >-- GUY WIRE TO BE REMOVED `-) POWER POLE TO REMAIN IN PLACE GUY WIRE TO REMAIN IN PLACE NEW RISER POLE 1> 6 > 7 3p a 2> 2> °" >sy ]2 2s > °e s --•--•-•••-•••-•••-•--• OVERHEAD UTILITY GUY WIRE TO REMAIN ry O 0 , 26 2° 2p3 21 2j4 72 ]2Q O 222rs e 2,2 POWER LINE TO BE REMOVED 76 O 779 '� z 2°j 2]° POWER LINE TO REMAIN ASSESSMENT DISTRICT AREA BOUNDARY ON-SITE PARCEL OFF-SITE PARCELS , ]Q 91 '2s Y2R°6 s2]i2 y� ASSESSMENT NO. >o fi9� �JvL>s�4� °],"s � � 2G20j PARCELS: 215 2p s DISTANCE: 7,800 LF 'Os �;z o <o res >3� 'a 2 2p a POWER POLES TO BE REMOVED: 46 NEW RISER POLES:2 O �'m�Q� O P 2 > 26' ° CITY OF NEWPORT BEACH ']�� >2j ASSESSMENT DISTRICT - 113 1 b'' '2s AUTO FERRY '' Y SIGN WEST BALBOA ISLAND N.T.S. A ro>p '9y�2> s 8/22/2018 City of Newport Beach Underground Utility Assessment District No. 113 (West Balboa Island) Final Engineer's Report November 27, 2018123 20-44 Part VI Description of Facilities Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be installed, or improved under the provisions of the Act, including the acquisition of required right-of-way and/or property. For the general location of the improvements to be constructed referenced is hereby made to the Plans and Specifications described in Part I of this report. The following improvements are proposed to be constructed and installed in the general location referred to as Assessment District No. 113. 1. Acquisition of any required easements orrights-of-way. 2. Removal of existing utilitypoles. 3. Removal of overhead resident service drops. 4. Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes and pullboxes, and installation of cabling, wiring and other facilities. 5. Construction of service conduit and appurtenances. The improvements will be designed by the Southern California Edison Company, AT&T and Time Warner Cable. The utility companies will be responsible for inspecting the work for their facilities and the City of Newport Beach will inspect the work to ensure conformance to City standards and specifications where applicable. The City will also construct additional pavement rehabilitation as needed for the project. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company, AT&T, and Time Warner Cable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work done by the Assessment District. The estimated time for completion of the undergrounding of the utilities is 36 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 120 days of the completion of the underground facilities. 20-45 Failure to convert individual service corrections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 ofthe Municipal Code. Overhead facilities cannot be removed until all overhead service has been discontinued. 20-46 Right -of -Way Certificate STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. That at all time herein mentioned, the undersigned was, and now is, the authorized representative of the dulyappointed SUPERINTENDENT OF STREETS ofthe CITYOFNEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of Article XIIID of the California Constitution, and the "Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 113 (hereinafter referred to as the "Assessment District"). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: All easements or right-of-way necessary for the construction and installation of the public improvements of the Assessment District either have been obtained or are in process of being obtained and will be obtained and in the possession of the affected utility company, the City, the County of Orange or the State of California prior to commencement of the construction and installation of such public improvements. EXECUTED this _ day of , 2018 at CITY OF NEWPORT BEACH, California. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California By: David Webb, PE 20-47 Certificate of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of perjury, CERTIFIES as follows: 1. That I am the person who authorized to prepare and process all environmental documentation as needed as it relates to the formation of the special Assessment District being formed pursuant to the provisions of the "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, said special Assessment District known and designated as UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (hereinafter referred to as the "Assessment District"). 2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows: CEQA compliance review: The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstructions). 3. I do hereby certify that all environmental evaluation proceedings necessary for the formation of the Assessment District have been completed to my satisfaction, and that no further environmental proceedings are necessary. EXECUTED this day of , 2018 at CITY OF NEWPORT BEACH, California. By: David Webb, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA 20-48 APPENDIX A. Assessment Calculations 20-49 Property Address Asmt No, Assessor's Parcel Number Parcel Area (sf) Assigned Connections Aesthetics Benefit (YESINO) Aesthetics Benefit Area Safety Benefit (YES/NO) Safety Benefit Area Connection Benefit Area Assessed Benefit Area Total Construction Costs Incidental Expenses Financial Costs Preliminary Total Assessment 4105 BAY FRONT 1 050-043-17 050-011-10 2,637 1 NO 0 YES 2,637 2,78522 1,80741 $ 1559741 $ 2,175.21 $ 1306.65 $ 19,079.27 408 S BAY FRONT 2 050-043-15 2,720 1 2,477 1 NO 0 YES 2,477 2,78522 1,754.07 $ 15,137.15 $ 2,111.02 $ 1258.10 $ 18,516.28 4065. BAY FRONT 3 050-043-15 YES 2,586 1 NO 0 YES 2,586 2,78522 1,79041 $ 15,45070 $ 2,154.75 $ 129436 $ 18,899.82 404S BAY FRONT 4 050-043-14 2241 2,805 1 YES 2805 YES 2,805 2,785.22 2,799.07 $ 24,15521 $ 3,368.58 $ 2,023.57 $ 29,547.47 4005 BAY FRONT 5 050-043-13 YES 5,134 1 YES 5134 YES 5,134 2,785.22 4,351.07 $ 37,548.54 $ 5,236 51 $ 3,145.58 $ 45,930.63 310 S BAY FRONT 6 050-042-29 2,550 2,666 1 YES 2666 YES 2,566 2.785 22 2,705.74 $ 23,349 77 $ 3,256,35 $ 1,956.10 $ 28,562.23 3085 BAY FRONT 7 050-042-28 2,785 22 2,565 1 YES 2666 YES 2,666 2,785.22 2,705..74 $ 23,349.77 $ 3,256.,35 $ 1,956.10 $ 28,552.23 3065 BAY FRONT 8 050-042-26 3,54974 2,599 1 YES 2599 YES 2,599 2,78522 2,661.07 $ 2296431 $ 3,202.60 $ 1923.81 $ 28,090.72 3045 BAY FRONT 9 050-042-27 2,542 1 YES 2542 YES 2,542 2,78522 2,623.07 $ 22,63638 $ 3,156.86 $ 1,89633 $ 27,689.58 302 S BAY FRONT 10 050-042-12 21,290.15 2,700 1 YES 2700 YES 2,700 2,78522 2,728 41 $ 23,545 38 $ 3,283.63 $ 1,97248 $ 28,801.50 300 S BAY FRONT 11 050-042-11 YES 2,540 1 YES 2640 YES 2,540 2,785.22 2,588 41 $ 23,200.19 $ 3,235.49 $ 1,943.57 $ 28,379.25 210S BAY FRONT 12 050-041-13 3,354 2,810 1 YES 2810 YES 2,810 2.,785 22 2,801.74 $ 24;178 23 $ 3,371,89 $ 2,025.50 $ 29,575.62 208 S BAY FRONT 13 050-041-12 $ 2,774 1 YES 2774 YES 2,774 2,785.22 2,77774 $ 23,971.11 $ 3,343.01 $ 2,008.15 $ 29,322.27 206 S BAYFRONT $ 14 050-041-11 $ 1,98743 2,565 1 YES 2666 YES 2,666 2,785.22 2,705.74 $ 23,349.77 $ 3,256.35 $ 1,956.10 $ 28,552.23 2045 BAYFRONT $ 2,016.82 15 050-041-10 47 3,834 1 YES 3834 YES 3,834 2,785.22 3,48441 $ 30,06945 $ 4,193.48 $ 2519.03 $ 36,781.96 144 SBAYFRONT 29 17 050-011-11 2,880 1 YES 2880 YES 2,880 2,78522 2,84841 $ 24�580�95 $ 3,428 05 $ 2,05924 $ 30,068.24 1405 BAY FRONT 18 050-011-10 2,509 1 YES 2509 YES 2,509 2,785.22 2,601..07 $ 22,446.53 $ 3,130..39 $ 1,880.43 $ 27,457.35 136S BAY FRONT 19 050-011-24 2,720 1 YES 2720 YES 2,720 2,785 22 2,741 74 $ 2366044 $ 3,299.68 $ 1 982.12 $ 28 942.25 132S BAY FRONT 20 050-011-25 2,748 1 YES 2748 YES 2,748 2,785 22 276041 $ 23,82153 $ 3,322.15 $ 1 995.62 $ 29,139.30 1305 BAY FRONT 21 050-011-07 2,241 1 YES 2241 YES 2,241 2,78522 2,42241 $ 20904.69 $ 2,915.36 $ 1,75126 $ 25571.31 1245 BAY FRONT 22 050-011-06 2,650 1 YES 2650 YES 2,650 2,78522 2,695.07 $ 23257.72 $ 3,243.52 $ 1,94839 $ 28,449.63 120 8 BAY FRONT 23 050-011-05 2,550 1 YES 2650 YES 2,550 2,785.22 2,595,07 $ 23,25772 $ 3,243 52 $ 1,948.39 $ 28,449.63 118S BAY FRONT 24 050-011-04 3,046 1 YES 3046 YES 3,046 2,785 22 2,959.07 $ 25,535.97 $ 3,561,24 $ 2,139 24 $ 31 236.45 112 S BAY FRONT 25 050-011-03 3,932 1 YES 3932 YES 3,932 2,785.22 3,54974 $ 30,63326 $ 4,272.11 $ 2,56626 $ 37,471.63 105 S BAYFRONT 26 050-011-02 3,562 1 YES 3662 YES 3,662 2,785.22 3,369.74 $ 29,079.91 $ 4,055.48 $ 2,436.13 $ 35,571.52 1005 BAY FRONT 27 050-011-01 2,308 1 YES 2308 YES 2,308 2,785.22 2,467.07 $ 21,290.15 $ 2,969.12 $ 1783,56 $ 26,042.82 105 N BAY FRONT 29 050-021-08 2,536 1 YES 2536 YES 2,536 2,78522 2,619,07 $ 22,601,86 $ 3,152.05 $ 1,89344 $ 27,647.36 109 N BAY FRONT 30 050-021-18 2,564 1 YES 2564 YES 2,564 2,78522 2,637,74 $ 22,76295 $ 3,174.52 $ 190694 $ 27,844.41 115 N BAY FRONT 31 050-021-19 2,564 1 YES 2564 YES 2,564 2,78522 2,637.74 $ 22,762.95 $ 3,174.52 $ 1,906.94 $ 27,844.41 117 N BAY FRONT 32 050-021-06 2,514 1 YES 2514 YES 2,514 2,785.22 2,604.41 $ 22,47529 $ 3,134.40 $ 1,882.84 $ 27,492.53 121 N BAY FRONT 33 050-021-05 4,252 1 YES 4252 YES 4252 2,78522 3753.07 $ 32,47425 $ 4,528.85 $ 2720.49 $ 39,723.61 125N BAY FRONT 34 050-021-21 2,574 1 YES 2574 YES 2,574 2,785.22 2,64441 $ 22,82048 $ 3,182.54 $ 1,91176 $ 27,914.78 129 N BAY FRONT 35 050-021-22 2,564 1 YES 2564 YES 2,564 2,785.22 2,637:74 $ 22,762.95 $ 3,174.52 $ 1,906.94 $ 27,844.41 135 N BAY FRONT 36 050-021-03 4,147 1 YES 4147 YES 4,147 2,785.22 3,693.36 $ 31,872.62 $ 4,444.95 $ 2,670.09 $ 38 987.66 139 N BAY FRONT 37 050-021-02 2,564 1 YES 2564 YES 2,564 2,785.22 2,637..74 $ 22,762.95 $ 3,174..52 $ 1,906.94 $ 27,844.41 145N BAY FRONT 38 050-021-01 4,335 1 YES 4335 YES 4,335 2.78522 3,81841 $ 32 951 77 $ 4,595.45 $ 276049 $ 40307.72 201 N BAY FRONT 39 050-022-28 6,093 1 YES 6098 YES 6,098 2,785.22 4,993.74 $ 43,094.57 $ 6,009.96 $ 3,610.19 $ 52,714.72 205N BAY FRONT 40 050-022-22 3,354 1 YES 3354 YES 3,354 2,785.22 3,16441 $ 2730794 $ 3,808.36 $ 2287.69 $ 33,403.98 207 N BAY FRONT 41 050-022-21 3,354 1 YES 3354 YES 3,354 2,785.22 3,164.41 $ 27,307.94 $ 3,808.36 $ 2,287.69 $ 33,403.98 209 N BAY FRONT 42 050-022-20 3,354 1 YES 3354 YES 3,354 2,785.22 3,16441 $ 27307.94 $ 3,808.36 $ 2287.69 $ 33,403.98 211 N BAY FRONT 43 050-022-19 3,354 1 YES 3354 YES 3,354 2,785.22 3,16441 $ 27307.94 $ 3,808.36 $ 2287.69 $ 33,403.98 301 NBAY FRONT 44 050-032-05 5,447 1 YES 5447 YES 5,447 2,785.22 4,559.74 $ 3934927 $ 5,487.64 $ 3296.44 $ 48,13335 305 N BAY FRONT 45 050-032-04 2,731 1 YES 2731 YES 2,731 2,785.22 2,749.07 $ 2372373 $ 3,308.51 $ 1,98743 $ 29,019.66 307 N BAY FRONT 46 050-032-03 2,792 1 YES 2792 YES 2,792 2,785.22 2,78974 $ 24,074.67 $ 3,357.45 $ 2,016.82 $ 29,448.94 309 N RAY FRONT 47 050-037-09 9700 1 YFS 9700 YFS 7.700 2.785.22 272841 $ 23.54538 $ 3.283.53 $ 1.97248 $ 28.801.50 405 N BAY FRONT 51 050-031-04 2.621 1 YES 2621 YES 2.621 2.785.22 2.675.74 $ 23.090.33 $ 3.220.25 $ 1.934.41 $ 28.245.54 409 N BAY FRONT 53 050-031-02 2,731 1 YES 2731 YES 2,731 2,78522 2,749.07 $ 23,723 73 $ 3,308 51 $ 198743 $ 29,019.66 411 N BAY FRONT 54 050-031-01 2,731 1 YES 2731 YES 2;731 2.78522 2,749,07 $ 23,723 73 $ 3,308 51 $ 198743 $ 29,019.66 501 NBAY FRONT 55 050-072-39 2,730 1 YES 2730 YES 2,730 2,78522 2,74841 $ 23,717.97 $ 3,307.70 $ 1,986.94 $ 29,012.62 503 N BAY FRONT 55 050-072-40 2,730 1 YES 2730 YES 2,730 2,785.22 2,74841 $ 23717.97 $ 3,307.70 $ 1,986.94 $ 29,012.62 505N BAY FRONT 57 050-072-44 3,000 1 NO 0 NO 0 2,78522 92841 $ 8,011.88 $ 1,117.34 $ 671.19 $ 9,800.41 325 COLLINS AV 58 050-072-43 2,414 1 YES 2414 YES 2,414 2,785.22 2,53774 $ 21,899.98 $ 3,054.17 $ 1,834.64 $ 26788.79 20-50 223 AGATE AV 67 050-031-38 2.550 1 YES 2550 YES 2.550 2.785.22 2.628.41 $ 22.682.41 $ 3.163.28 $ 1.900.19 $ 27.745.88 219 AGATE AV 69 050-031-30 3.467 1 Aesthetics YES Safety YES 2,684 2,78522 2,717.74 $ 23,453.33 Preliminary Property Asmt Assessors Parcel Parcel Assigned Benefit Aesthetics Benefit Safety Benefit Connection Assessed Total Construction Incidental Financial Total Address No. Number Area (sf) Connections (YES/NO) Benefit Area (YESINO) Area Benefit Area Benefit Area Costs Expenses Costs Assessment 319COLLINSAV 59 050-072-48 2,682 1 YES 2682 YES 2,682 2,78522 2,71641 $ 23,441.82 $ 3,269.19 $ 1,963.81 $ 28,674.82 237OPALAV 50 050-072-47 2,634 1 NO 0 YES 2,534 2,785.22 1,80541 $ 15,588.78 $ 2,174.01 $ 1,305.93 $ 19,06872 236AGATEAV 61 050-072-35 2,550 0 YES 1275 YES 2,550 000 1,275.00 $ 11,002.89 $ 1,534.46 $ 92175 $ 13,459.11 233AGATE AV 62 050-031-36 3,603 1 YES 3603 YES 3,503 2,785.22 3,33041 $ 28,740.47 $ 4,008.14 $ 2,407.70 $ 35,156.31 223 AGATE AV 67 050-031-38 2.550 1 YES 2550 YES 2.550 2.785.22 2.628.41 $ 22.682.41 $ 3.163.28 $ 1.900.19 $ 27.745.88 219 AGATE AV 69 050-031-30 3.467 1 2,684 1 YES 2684 YES 2,684 2,78522 2,717.74 $ 23,453.33 $ 3,270.80 $ 1964,77 $ 28,68890 217 AGATE AV 70 050-031-29 2.471 1 YES 2471 YES 2,471 2,78522 2,575.74 $ 2222791 $ 3,099.90 $ 1,862.11 $ 27,18992 215 AGATE AV 71 050-031-39 YES 2,550 1 YES 2550 YES 2,550 2,785 22 2,628 41 $ 22,682.41 $ 3,16328 $ 1,900.19 $ 27,745.88 213 AGATE AV 72 050-031-40 2550 2,550 1 YES 2550 YES 2,550 2,785.22 2,52841 $ 22,582.41 $ 3,15328 $ 1,900.19 $ 27,745.88 211 AGATE AV 73 050-031-27 YES 2.473 '1 YES 2473 YES 2,473 2,78522 2,577.07 $ 22239.42 $ 3,101.50 $ 1,863.08 $ 27204.00 209 AGATE AV 74 050-031-26 2,515 2,822 1 YES 2822 YES 2,822 2,785.22 2,809.74 $ 24,247.26 $ 3,381.52 $ 2,031.28 $ 29,660.07 207 AGATE AV 75 050-031-25 2,78522 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900:19 $ 27,745.88 205 AGATE AV 7G 050-031-24 8,695.07 2,773 1 YES 2773 YES 2773 2,7^05.22 2777.07 $ 23 905.36 $ 3,34220 $ 2,007.67 $ 29,31523 498 PARK AV 78 050-031-41 3.467 1 YES 3467 YES 3,467 2,78522 3,239.74 $ 27958.04 $ 3.899.02 $ 2342.15 $ 34 199 133 AGATE AV 79 050-043-34 2,819 1 YES 2819 YES 2,819 2,785.22 2,807.74 $ 24,230.00 $ 3,379.11 $ 2,029.84 $ 29,638.95 131 AGATE AV 80 050-043-33 2.550 1 YES 2550 YES 2,550 2,785 22 2,628 41 $ 22,682.41 $ 3,163.28 $ 1 900.19 $ 27 745.88 129 AGATE AV 81 050-043-32 2,550 1 YES 2550 YES 2,550 2,78522 2,62841 $ 22,682.41 $ 3,163.28 $ 1900.19 $ 27,745.88 127 AGATE AV 82 050-043-25 2.482 1 YES 2482 YES 2,482 2,785 22 2,583: 07 $ 22 291. 19 $ 3,108.72 $ 1 86742 $ 27 267 34 125 AGATE AV 83 050-043-24 2,515 1 YES 2515 YES 2,515 2,785 22 2,605.07 $ 22,481.05 $ 3,13520 $ 1,883 32 $ 27,49957 119 AGATE AV 84 050-043-31 7.449 1 YES 7449 YES 7,449 2,78522 5,89441 $ 50,857.07 $ 7,093.91 $ 4 251 32 $ 5222231 107 AGATE AV 85 050-043-29 11,650 '1 YES 11650 YES 11,650 2,78522 8,695.07 $ 75,036.04 $ 10464.51 $ 6286.05 $ 91,786.60 108PEARLAV 87 050-043-11 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 110PEARL AV 88 050-043-10 2496 1 YES 2496 YES 2.496 2.785.22 2.59241 $ 22.371.74 $ 3.119.96 $ 1.874.16 $ 27.365.86 114PEARL AV 90 050-043-08 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.38 116PEARLAV 91 050-043-07 2,493 1 YES 2493 YES 2,493 2,785.22 2,590.41 $ 22,354.48 $ 3,117.55 $ 1,872.72 $ 27,344.75 118PEARL AV 92 050-043-06 2.580 1 YES 2580 YES 2,580 2,78522 2,64841 $ 22,855.00 $ 3,187.35 $ 1914.65 $ 27957.01 126 PFARI AV 96 050-043-02 2,636 1 YF,; 2536 YFS 2 535 2 785 22 2 519 07 $ 72 501 86 $ 3,167 05 $ 1 89344 $ 77 547 35 130PEARL AV 97 050-043-01 2.508 '1 YES 2508 YES 2.508 2.78522 2.60041 $ 22440.78 $ 3.129.59 $ 1.879.95 $ 2745031 202 PEARL AV 99 050-031-21 2,550 1 YES 2550 YES 2,550 2,785.22 2,628 41 $ 22,682.41 $ 3,163.28 $ 1 900.19 $ 27745.88 204PEARL AV 100 050-031-20 2,550 1 YES 2550 YES 2,550 2,785.22 2,52841 $ 22,582.41 $ 3,15328 $ 1,900.19 $ 27745.88 206PEARLAV 101 050-031-19 2,401 1 YES 2401 YES 2,401 2,785.22 2,529..07 $ 21,825.19 $ 3,043..74 $ 1,828.38 $ 26,697.30 208PEARLAV 102 050-031-18 2,557 1 YES 2557 YES 2,557 2,785.22 2,633.07 $ 22,722.68 $ 3,168.90 $ 1,903.56 $ 27,795.14 210PEAR -AV 103 050-031-17 2,434 1 YES 2434 YES 2,434 2,785.22 2,551.07 $ 22,015.04 $ 3,070.21 $ 1,844.28 $ 26,929.54 216PEARL AV 106 050-031-14 2420 1 YES 2420 YES 2.420 2.78522 2.541.74 $ 21934.50 $ 3.058.98 $ 1.83753 $ 26.831.01 220 PEARL AV 108 050-031-12 2,550 1 YES 2550 YES 2,550 2,785 22 2,628 41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 222PEARL AV 109 050-031-11 2.437 '1 YES 2437 YES 2,437 2,78522 2,553.07 $ 22,032.30 $ 3,072.62 $ 1,84573 $ 26950.65 224PEARLAV 110 050-031-10 2,550 1 YES 2550 YES 2,550 2,78522 2,52841 $ 22,582.41 $ 3,153.28 $ 1,900.19 $ 27745.88 226 PEARLAV 111 050-031-09 2,550 1 YES 2550 YES 2,550 2,785.22 2,628 41 $ 22,682.41 $ 3,163.28 $ 1 900.19 $ 27745.88 228PEARLAV 112 050-031-08 2,399 1 YES 2399 YES 2,399 2,785.22 2,527.74 $ 21,813.68 $ 3,042.13 $ 1,82741 $ 26,68323 230PEARLAV 113 050-031-07 3,147 1 YES 3147 YES 3,147 2,785.22 3,026.41 $ 26,117..04 $ 3,642..28 $ 2,187.92 $ 31,947.23 229PEARLAV 114 050-032-33 1,494 1 YES 1494 YES 1,494 2,785.22 1,924.41 $ 16,607.09 $ 2,316.02 $ 1,391.24 $ 20,314.34 227PEARLAV 115 050-032-32 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 225PEARL AV 116 050-032-31 2,407 1 YES 2407 YES 2,407 2,785.22 2,533.07 $ 21,859.71 $ 3,048.55 $ 1,831.27 $ 26,739.53 20-51 Property Address Asmt No. Assessor's Parcel Number Parcel Area (sf) Assigned Connections Aesthetics Benefit (YESINO) Aesthetics Benefit Area Safety Benefit (YESMO) Safety Benefit Area Connection Benefit Area Assessed Benefit Area Total Construction Costs Incidental Expenses Financial Costs Preliminary Total Assessment 223PEARL AV 117 050-032-30 2,503 1 YES 2503 YES 2,503 2,78522 2,597.07 $ 22,412.01 $ 3,125.57 $ 1,877.54 $ 27,41512 221 PEARLAV 118 050-032-29 2,454 1 YES 2454 YES 2,454 2,78522 2,56441 $ 22,130.11 $ 3,086.26 $ 1,853.92 $ 27,07029 219PEARL AV 119 050-032-28 2,525 1 YES 2525 YES 2,525 2,78522 2,611-74 $ 22,538.58 $ 3,143.23 $ 1,888.14 $ 27,569.95 217PEARL AV 120 050-032-27 2,517 1 YES 2517 YES 2,517 2,78522 2,60641 $ 22,492.55 $ 3,136.81 $ 1,88429 $ 27,513.65 215 PEARLAV 121 050-032-26 2,483 1 YES 2483 YES 2,483 2,78522 2,58374 $ 22,296.95 $ 3,109.53 $ 1,857.90 $ 2727437 213PEARLAV 122 050-032-25 2,509 1 YES 2509 YES 2,509 2,78522 2,601-07 $ 22,446.53 $ 3,130,39 $ 1,88043 $ 27,457.35 211 PEARLAV 123 050-032-24 2,545 1 YES 2545 YES 2,545 2,785.22 2,625..07 $ 22,653.64 $ 3.l 59.27 $ 1,897.78 $ 27,710.69 209PEARL AV 124 050-032-23 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 207PEARL AV 125 050-032-22 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 205PEARL AV 126 050-032-21 2,503 1 YES 2503 YES 2,503 2,78522 2,597.07 $ 22,412.01 $ 3,125.57 $ 1,87754 $ 27,415.12 203PEARL AV 127 050-032-35 2,562 1 YES 2562 YES 2,562 2,78522 2,63641 $ 22,751.45 $ 3,172.91 $ 1 905 97 $ 27,83033 201 PEARLAV 128 050-032-34 2,550 1 YES 2550 YES 2,550 2-,78522 2,62841 $ 22,682.41 $ 3,163.28 $ 1 900 19 $ 27,745.88 129PEARL AV 129 050-042-25 2,450 1 YES 2450 YES 2,450 2,78522 2,561.74 $ 22,107.09 $ 3,083.05 $ 1,851.99 $ 27,042_14 127PEARL AV 130 050-042-24 2,550 1 YES 2550 YES 2,550 2,78522 2,62841 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 125PEARL AV 131 050-042-23 2,550 1 YES 2550 YES 2,550 2,78522 2,62841 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 123 PEARLAV 132 050-042-22 2,445 1 YES 2445 YES 2,445 2,78522 2,55841 $ 22,078.33 $ 3,079.04 $ 1,849.58 $ 27,006.95 121 PEARLAV 133 050-042-21 2,483 1 YES 2483 YES 2,483 2,785.22 2,583:74 $ 22,296.95 $ 3,109.53 $ 1,867.90 $ 27,274.37 119PEARLAV 134 050-042-20 2,550 1 YES 2550 YES 2,550 2.785 22 2,62841 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27745.88 117PEARL AV 135 050-042-19 2,448 1 YES 2448 YES 2,448 2,785.22 2,560.41 $ 22,095.59 $ 3,081.45 $ 1,851.03 $ 27,028.05 115PEARL AV 136 050-042-18 2,621 1 YES 2621 YES 2,621 2,785.22 2,675.74 $ 23,090.88 $ 3,220.25 $ 1,934.41 $ 28,245.54 113PEARL AV 137 050-042-17 2,441 1 YES 2441 YES 2,441 2,785.22 2,555.74 $ 22,055.32 $ 3,075.83 $ 1,847.66 $ 26,978.80 111 PEARLAV 138 050-042-16 2,714 1 YES 2714 YES 2,714 2,78522 2,737 74 $ 23,625.92 $ 3,294.87 $ 1 979 23 $ 28 900.02 107PEARL AV 139 050-042-15 2,890 1 YES 2890 YES 2,890 2,78522 2,855,07 $ 24,638.48 $ 3,436.08 $ 2,064.06 $ 30,138.61 106 GARNET AV 140 050-042-10 2,436 1 YES 2436 YES 2,436 2-,78522 2,552 41 $ 22,026.55 $ 3,071.82 $ 1,845 25 $ 26943.61 108 GARNET AV 141 050-042-09 2,550 1 YES 2550 YES 2,550 2,78522 2,628 41 $ 22,682.41 $ 3,163.28 $ 1900.19 $ 27,745.88 110 GARNET AV 142 050-042-08 2,550 1 YES 2550 YES 2,550 2,78522 2,52841 $ 22,682.41 $ 3,153.28 $ 1,900.19 $ 27,745.88 112 GARNET AV 143 050-042-07 2,626 1 YES 2626 YES 2,626 2,78522 2,679.07 $ 23,119.65 $ 3,224.26 $ 1,93682 $ 28 280 73 114 GARNET AV 144 050-042-05 2,550 1 YES 2550 YES 2,550 2,78522 2,52841 $ 22,682.41 $ 3,163.28 $ 1,90019 $ 27745.88 116 GARNETAV 145 050-042-05 2,429 1 YES 2429 YES 2,429 2,785.22 2,547:74 $ 21,986.28 $ 3,066.20 $ 1,841.87 $ 26,894.35 118 GARNET AV 146 050-042-04 2,521 1 YES 2521 YES 2,521 2.785 22 2,609.07 $ 22,515.57 $ 3,140.02 $ 1,88621 $ 27,541-80 120 GARNETAV 147 050-042-03 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 122 GARNETAV 148 050-042-02 2,502 1 YES 2502 YES 2,502 2,785.22 2,596.41 $ 22,406.26 $ 3,124.77 $ 1,877.06 $ 27,408.08 124 GARNETAV 149 050-042-01 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 200 GARNET AV 150 050-032-19 2,550 1 YES 2550 YES 2,550 2,78522 2,628 41 $ 22,682.41 $ 3,163.28 $ 1900.19 $ 27745.88 202 GARNETAV 151 050-032-18 2,412 1 YES 2412 YES 2,412 2,78522 2,53641 $ 21,888.47 $ 3,052.56 $ 1,833.68 $ 26,774.71 204 GARNET AV 152 050-032-17 2,550 1 YES 2550 YES 2,550 2-,78522 2,628 41 $ 22,682.41 $ 3,16328 $ 1900.19 $ 27745.88 206 GARNET AV 153 050-032-16 2,550 1 YES 2550 YES 2,550 2,78522 2,628 41 $ 22,682.41 $ 3,163.28 $ 1900.19 $ 27,745.88 208 GARNET AV 154 050-032-15 2,550 1 YES 2550 YES 2,550 2,78522 2,52841 $ 22,682.41 $ 3,153.28 $ 1,900.19 $ 27,745.88 210 GARNET AV 155 050-032-14 2,484 1 YES 2484 YES 2,484 2,78522 2,58441 $ 22,302.70 $ 3,110.33 $ 1,86838 $ 27 281 41 212 GARNET AV 155 050-032-13 2,588 1 YES 2588 YES 2,588 2,78522 2,553.74 $ 22,901.03 $ 3,193.77 $ 1,918.50 $ 28,013.30 214 GARNETAV 157 050-032-12 2,837 1 YES 2837 YES 2,837 2,785.22 2,819:74 $ 24,333.56 $ 3,393.55 $ 2,038.51 $ 29,765.53 216 GARNETAV 158 050-032-11 2,550 1 YES 2550 YES 2,550 2.785 22 2,62841 $ 22,682.41 $ 3,16328 $ 1,900.19 $ 27745.88 218 GARNETAV 159 050-032-10 2,547 1 YES 2547 YES 2,547 2,785.22 2,626.41 $ 22,665.15 $ 3,160..88 $ 1,898.74 $ 27,724.77 220 GARNET AV 160 050-032-09 2,460 1 YES 2460 YES 2,460 2,785.22 2,568.41 $ 22,164.63 $ 3,091.07 $ 1,856.81 $ 27,112.51 222 GARNETAV 161 050-032-08 2,527 1 YES 2527 YES 2,527 2,785.22 2,613.07 $ 22,550.09 $ 3,144.83 $ 1,889.10 $ 27,584.02 224 GARNET AV 162 050-032-07 2,720 1 YES 2720 YES 2,720 2,78522 2,741.74 $ 23,660.44 $ 3,299.68 $ 1982.12 $ 2894225 217 GARNET AV 166 050-022-15 2,550 1 YES 2550 YES 2,550 2,78522 2,52841 $ 22,682.41 $ 3,153.28 $ 1,90019 $ 27,745.88 215 GARNET AV 167 050-022-15 2,550 1 YES 2550 YES 2,550 2,78522 2,628 41 $ 22,682.41 $ 3,163.28 $ 1 900 19 $ 27,745.88 213 GARNET AV 158 050-022-14 2,550 1 YES 2550 YES 2,550 2,78522 2,52841 $ 22,682.41 $ 3,153.28 $ 1,900.19 $ 27745.88 211 GARNETAV 169 050-022-13 2,593 1 YES 2593 YES 2,593 2,78522 2,657.07 $ 22,929.79 $ 3,197 78 $ 1 920 91 $ 28,04849 209 GARNETAV 170 050-022-27 2,575 1 YES 2575 YES 2,575 2.785 22 2,545.07 $ 22,826.24 $ 3,183.34 $ 1 912 24 $ 27,92182 207 GARNETAV 171 050-022-26 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163..28 $ 1,900.19 $ 27,745.88 205 GARNETAV 172 050-022-11 2,241 1 YES 2241 YES 2,241 2,785.22 2,422.41 $ 20,904.69 $ 2,915.36 $ 1,751.26 $ 25,571.31 203 GARNETAV 173 050-022-10 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,153.28 $ 1,900.19 $ 27,745.88 201 GARNETAV 174 050-022-09 2,550 1 YES 2550 YES 2,550 2,785.22 2,628.41 $ 22,682.41 $ 3,163.28 $ 1,900.19 $ 27,745.88 20-52 Aesthetics fr Sap� Pmllminary Property Asmt assessors Parcel Parcel Assigned Aesthetics Safety tie nett Cori nectivn Assessed Total Construction IncidentalFinan ctal Address No. Number Aree[af) Connec6ona Benefit Ben efit Arae Benefit Arae Benefit Area Benefit Area Coete Expenses Coate Total fYE9JN01 f4E9rNdi assessment 1:•1 -akar i nN 177 117 GARNET AV 1T9 050-[41-18 2.324 1 YES 2324 YES 2,324 2785.22 2477?4 $. 21,332.20 $ 2,98193 $ 1,791.27 $ 26,155.42 IISGARNE77 160 0SOG41 17 2,SS0 1 YES 2550 YES 2,SS0 2:55 22 282841 $ 22,882.41 $ 5,18$16 $ 1,OU0.'J $ 27,745.88 113 GARNETAV 161 050-CG11-16 2557 1 YES 2550 YES 2,550 2785.22 2628.41 $ 22,682.41 $ 3,16323 $ 1,900.'9 $ 2T,T45.86 111 GARNETAV 182 054C11-15 2 777 1 YES 2707 YES 2,70T 2 785.22 2 733.OT $ 23585.65 1 3,289 25 $ 1,975.86 $ 28,850 76 1107 GARNET AV 163 051CfU41-14 4110 1 YLS 2210 YES 111. 210 215522 24:11.+4 $ 20,728.34 1 2,89049 $ 1,f36.52 $ 25,359.15 106 EMERALD AV 164 050-C41-063 2,210 1 YES 2210 YES 2,210 2735.22 241.74 $ 20,726.34 4 2,89049 $ 1,736.32 $ 25353.15 108 EMERALD AV 185 05"}011-U7 2 550 1 YES 2550 YES 2 550 2 785.22 2 628.41 a 22.632.e 1 9 3.163 29 1 1.900.' 9 $ 27.745 88 118 EMERALD AV 190 05L}C11-02 2.535 1 YES 2535 YES 2.535 2 785.22 2 616.41 $ 22.596.11 8 3.15' 25 $ 1.892.96 $ 271640.32 206 EMERA-1- AV 195 050-C22-24 2,606 1 YES 2806 YES 2,806 2 785.22 2 799.OT $ 24,155.21 $ 3,368 68 $ 2,023.57 $ 29547.47 2C.-8 Ft: FRA. r] 107 196 050.022-25 2.5-50 1 YES 2550 YES 2.550 2 785.22 2.628.41 $ 22,68241 $ 3,'e3 28 $ 1,900.' 9 $ 27,745.88 2"]EMERA�D1W 197 050-022-04 2,691 1 YES 2651 YES 2,691 2785.22 2.72241 $ 23,493.60 1 3.77641 $ 1,968.'5 $ 28,73816 2'2 EME RALD AV 198 05.}[22-U3 2,550 1 YES 2550 YES 2,550 2785.22 2628.11 $ 22,63'x-1 $ 3,'16326 $ 1,900.'9 $ 277+15.86 214 EMERALD AV 199 05ac2:-m 4,335 1 YES 4335 YES 4.335 7 785 22 3 818 41 $ 32,9 i• 77 $ 4 596 45 $ 2 76:0.49 $ 40307 72 211 EMERALD AV 200 050 -C21 -t 7 2,423 1 YES 2423 YES 2,423 2 785.22 2 543.74 $ 21,95'.76 $ 3.06' 33 $ 1,838.98 $ 26,85? 13 209 EMERALD AV 201 050-C21-16 2.550 1 YES 2550 YES 2.550 2785.22 2628.41 $ 22,63241 1 3,'P329 $ 1,900.'9 $ 2774588 207 EMERALD Ay 202 050-021-15 2.535 1 'IFS 2535 YES 2.535 2 785.22 2 618 41 $ 22.596.' 1 1 -• 2' $ 1.89296 $ 27.640 32 205 EMERALD AV 203 059021 14 2,495 1 Yt5 2495 YtS 2,495 2 785 212 2 591.74 $ 22,365.9`<� $ ;,' 15 I4- $ 1,B7S.69 $ 27,358.82 203 EMERALD AV 204 050-C21-13 2.433 1 `IFS 7433 YES 2431 2.785.22 2 550 41 $ 22,039.79 1 3:10941 $ 1 843.80 $ 26972 50 201 EMERALD RV 205 135�)-C21-12 2.550 1 7E'� 35`0 YES 2.550 2 785.22 2 628.41 $ 22,632.41 1 3.153 23 $ 1 400.'9 $ 27,74-5 88 121 EMERALD AV 206 0S1C1121 2,SS11 1 YLS 2`Sv0 rtS 2,550 2.795.22 2526.41 $ 22,631.41 $ 3,'6323 $ 1,900.9 $ 21,145.98 119 EMERALD AV 207 P. 5'iC11-7t] ^ f 7R 1 YFS 2F78 YFS 7.1108 7 785.22 9 H1141 3 7,,13"': $ 3,7:5 87 $ 1 437.78 $ <28.?94 8f1 117 EMERALD RV 208 6S 11 •9 2. S Al 1 YES 25`0 YES 2.550 2 785.22 2 626.41 8 12.88141 5 3.163 23 $ 1.900.'9 S 27.745.88 179 PARD AV 212 05'}C 11-29 5,497 1 YES f*197 YES 5,49T 2 795.22 5 259.74 $ 45,370'.0;; $ E,"a9C' 09 $ 3,602.50 $ 55522.66 1h$PAP'F. AV 113 -24 3.606 1 YES 36C6 YES 5,606 2765.'_2 333241 $ 28,757. r3 i 4,01055 $ 2,409.'4 $ 55,11742 17fi PARK AV 214 051 C21 23 4637 1 YES 2837 YES 2,63T 2 :05.22 2 636.41 $ 23,132.13 $ ::,25:1 0:] $ 1,942.'2 $ 28,350 14 5C 1 8 9A.'( FRONT 215 C5') -05"e -?0 T.354 1 YES 73" YES 7,354 2 7e5.22 5 8:0.74 $ 50,317.Cc $ 7,017 29 $ 1,2 I5.?0 $ 41,550 2$ Totals 692,023.85 4 6.1091000.00 } 712,500.00 ¢ 42SPOO.DU 4 6,249,500.00 20-53 Jeffrey M. Cooper, PE Director of Municipal Services NV5 Phone: (949) 585-0477 Email: Jeff.Cooper@nv5.com 20-54 ATTACHMENT F City of Newport Beach BUDGET AMENDMENT 2018-19 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 19BA-024 AMOUNT: I $485,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To authorize the formation and design associated with Assessment District #113. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object Description 663 300000 Assessment District #113 - Fund Balance REVENUE ESTIMATES Org Object Description EXPENDITURE APPROPRIATIONS Ong Obiect 66302 941027 66302 941005 66302 941006 66302 941008 66302 941012 Signed: Signed: Description Assessment District #113 - Electrical Design Assessment District #113 - AD Phone Design Assessment District #113 - Engineering Assessment District #113 - City Administration Assessment District #113 - Bond Counsel Finance Di City Council Approval: City Clerk Amount Debit Credit $485,000.00 . Automatic $350,000.00 $25,000.00 $45,000.00 $50,000.00 $15,000.00 Date Date 20-55