Loading...
HomeMy WebLinkAbout26 - CDBG One-Year Action Plans-Section 108 Loan-Application to HUDCITY OF NEWPORT BEACH �dE�P�Rr COMMUNITY AND ECONOMIC Hearing Date: August 14, 2001 DEVELOPMENT PLANNING DEP.AR'I;MENT Agenda Item No.: 26 3300 NEWPORT BOULEvARD Staff Person: Daniel R. Trimble C�ClF00.N`1' NEWPORT BEACH. CA 92658 (949) 644 -3230 (949) 644 -3200: FAX (949) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL PROPOSAL: Review and approval of amendments to the FY 2000 -2001 and FY 2001 -2002 Community Development Block Grant One -Year Action Plans; review and approval of a Section 108 Loan application; and adoption of Resolution 2001 -_; authorizing the City Manager to submit the application to the U.S. Department of Housing and Urban Development (HUD). SUMMARY: The City is required to conduct a public hearing when making a substantial amendment to an adopted Action Plan. The City is also required to hold a public hearing prior to the submission of a Section 108 Loan application. The purpose of the public hearing will be to review rwo proposed Amendments and to review the Draft 108 Loan Application. SUGGESTED ACTION: Backeround 1. After receiving public comments and recommendations on the Action Plan Amendments and the Draft 108 Loan Application, staff recommends that the Amendments and the 108 Loan Application be approved. 2. Adopt Resolution 2001 - authorizing submittal of the Section 108 Loan to HUD. In order to receive and spend federal funds under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG), the City of Newport Beach is required to prepare and file various planning and reporting documents, one of which is the One -Year Action Plan. The Action Plan is a planning document that specifically identifies where the CDBG allocation for the upcoming fiscal year will be spent and discusses how this will achieve the goals identified in the City's multi -year Consolidated Plan. HUD policy requires that a public hearing be held if the City is proposing any substantial amendments to an approved Action Plan. The City is also required to hold a public hearing prior to the submission of a Section 108 Loan application. CDBG Action Plan Amendments and Section 108 Loan Application AuEust 14. 2001 Page I Discussion Staff is proposing two substantial amendments. The first is an amendment to the 2000 -01 Action Plan for the City's Community Development Block Grant Program to reprogram $30,000 in unused project funds from the ADA Improvements project to assist with the partial funding of the design and construction of proposed Balboa Village Pedestrian and Streetscape Improvement Plan. The second is an amendment to the current 2001 -02 Action Plan for the City's Community Development Block Grant Program to include the submittal of a Section 108 Loan to assist with the partial funding of the proposed Balboa Village improvement project. The Loan Program was included in the City's approved Consolidated Plan and its omission from the current Action Plan was an oversight. Section 108 Loan Application The Section 108 Loan Program is administered through HUD and allows a grantee to borrow up to five times the CDBG entitlement received annually. Repayment of the loan is through the annual CDBG funds received and can be repaid over a period of up to twenty years. The interest rate for this program is usually at or below market rates. The actual rate will be determined at the time of issuance for the bonds securing the Section 108 funds. Staff is recommending a request of up to $2.4 million in Section 108 Loan Guarantee funds to assist with a portion of the capital costs for the Balboa Peninsula Public Facilities Improvements project. The Section 108 Loan Guarantee request is within the maximum loan amount of five times the City's Community Development Block Grant (CDBG) entitlement of $518,000 for the 2001- 2002 fiscal year. The City has no outstanding Section 108 loans. The loan would be repaid over twenty years. The City has previously approved a $7.5 million total budget for the Balboa Village Improvement Project. In addition to the 108 Loan, staff has identified several funding sources to pay for the public improvements including: CDBG Program Funds - $285,000; Off- Street Parking Fund - $1,043,942; Neighborhood Enhancement Fund - $985,000; Gas Tax Fund - $706,600; Certificates of Participation - $2,050,000; General Fund - $33,400. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: DANIEL R. TRIMBLE Associate Planner Attachments: 1. Draft Section 108 Loan Application (including Resolution 2001 -� RI UsersIPGVLSharedlCDBGIFy200 1- 20021108pobirearingrptdw Page 2 ATTACHMENT 1 DRAFT CITY OF NEWPORT BEACH SECTION 108 LOAN APPLICATION 1. Loan Request The City of Newport Beach is requesting up to $2.4 million in Section 108 Loan Guarantee funds to assist with a portion of the capital costs for the Balboa Peninsula Public Facilities Improvements project. The total project cost is projected to be $7.5 million. The Section 108 Loan Guarantee request is within the maximum loan amount of five times the City's Community Development Block Grant (CDBG) entitlement of $518,000 for the 2001 -2002 fiscal year. The City has no outstanding Section 108 loans. The loan will be repaid over twenty years. 2. Project Description Several years ago the City identified the need for economic and physical renewal in the area surrounding the Balboa Pier. The City undertook an extensive planning process to establish development requirements for the area and develop incentives for economic revitalization. This planning process included public meetings that involved homeowners associations and business groups from the impacted area. The outcome of the planning process was the development of economic assistance programs and the adoption of the Balboa Village Business Improvement District (BID). The District boundaries run from Coronado Street on the west to A Street to the east, with Edgewater on the north and Ocean Front to the south. Attachment A indicates the location of the Balboa Village BID. As part of the implementation of the Balboa Improvement District, the City approved the Balboa Village Improvement Project. This project will construct new streets, sidewalks and landscaping in the heart of the Village area. The Section 108 funds will fund the demolition and construction of new curbs, gutters and sidewalks, street improvements, new storm drain and water lines improvements, new upgraded street lighting, landscaping and partial undergrounding of utilities. 3 3. Sources and Uses of Project Funding. The City will spend $7.5 million for the Balboa Village Improvement Project. The City has identified several funding sources to pay for the needed public improvements and include: CDBG Section 108 Off- Street Parking Fund Neighborhood Enhancement Fund Gas Tax Fund Certificates of Participation General Fund $285,000 $2,400,000 $1,043,942 $985,000 $706,600 $2.050,000 $33,400 The City has already expended $850,000 in funds for the final planning and project design. These funds came from the Off- Street Parking Fund ($480,000), Neighborhood Enhancement Fund ($330,000), Gas Tax Fund ($6,600), and General Fund ($33,400). The $2.4 million in Section 108 funds will be used on specific portions of the project that are identified as meeting area wide benefit. The project is located within a CDBG eligible area based on the percentage of low- moderate income persons. The elements of the project that might possibly be identified as benefiting more then the area will not be funded with the Section 108 funds. The non -area wide benefit elements of the project include the planned improvements to the Balboa Pier public parking lot, the adjacent frontage road, pier plaza and Peninsula Park. The street and sidewalk improvements to be paid by the Section 108 funds include: 1. Balboa Boulevard (sidewalks only) between Adams Street and A Street, 2. Palm Street between Ocean Front and Edgewater, 3. Washington Street between Ocean Front and Edgewater, 4. Main Street between Frontage Road and Bay Avenue, 5. Bay Avenue between Palm Street and Main Street, 6. Ocean Front between Adams Street and A Street, 7. Alley 221 between Balboa Boulevard and East Bay Avenue, and 8. Alley 256 -U between Washington Street and Main Street. 9. Purchase of parking lot at comer of Washington Street and Bay Avenue. Attachment B includes a map showing the streets that will be improved under the project. The map also indicates the portion of the improvements that will not include any Section 108 funding. `t 4. Project Structure and Participants The City of Newport Beach will retain the Section 108 funds and use those and the other identified funds to pay for the street improvements. The City will enter into an agreement with a contractor for construction of the improvements. The City will meet and comply with all CDBG regulations relating to bidding and prevailing wage requirements. 5. Repayment Schedule The Section 108 funds will be repaid over 20 years. The repayment of the Section 108 loan will come from the City's annual CDBG allocation. Attachment C is a projected repayment schedule. The repayment schedule anticipates that the initial principal payment will not occur until the 2003 -04 program year, with interest only payments occurring during the 2002 -03 program year. 6. Collateral The primary source of collateral for the repayment of the Section 108 funds will be the City's annual CDBG allocation. The secondary source of collateral for the repayment of the Section 108 funds will be the City's unreserved general fund reserves. 7. Project Implementation As was previously noted, the design phase of the project has been completed. The project will be constructed in three phases with Phase 1 occurring from October 2001 to May 2002. Due to the major increase in traffic into the project area during the summer months, no construction will occur during these months. Phases 2 and 3 will begin in September 2002 and 2003 respectively. Construction of all phases will be complete by May 2004. 8. Eligibility Activity The public improvements are eligible under Section 570.703(1) — "Acquisition, construction, reconstruction, rehabilitation or installation of public facilities (except for buildings for the general conduct of government), public streets, sidewalks, and other site improvements and public utilities ". 9. National Objective The proposed project satisfies the primary national objectives stipulated in the Community Development Block Grant (CDBG) entitlement regulations. The project meets the CDBG program national objective outlined at 24 CFR 570.208 (a)(1)(i), Activities benefiting- low and moderate income persons. specifically through area benefit activities. The Balboa Improvement District is located within Census Tract 0628, which has a population that is over 51 % low /moderate income. 10. Loan Request Restrictions The Section 108 Loan Guarantee request is within the maximum loan amount of five times the City's annual Community Development Block Grant entitlement of $518,000 for the 2001 -02 program year. The City has no outstanding Section 108 loans. The City is aware that the fixed interest rate for the Section 108 loan funds will be established at the time HUD conducts a public offering that includes the City's Section 108 allocation. The City will establish a separate bank account into which loan repayments will be deposited. From this account, the required payments will be made to HIED twice a year, in August and February. 11. Relocation, Displacement and Acquisition Compliance With the exception of one parcel, all of the public improvements will be constructed within existing public rights -of -way and/or public easements. The one parcel being acquired by the City is located at the southwest comer of Washington Street and East Bay Avenue. The parcel is currently used for off - street parking and contains no structures. The implementation of the project will not require any residential or commercial relocation activity. The property acquisition will be done pursuant to rules and regulations as set forth in Section 570.606 of the CDBG Entitlement Regulations. 12. Certifications and Citizen Participation The City Council conducted a public hearing on August 14, 2001 on the Section 108 application. In addition, the City Council at the same meeting conducted a public hearing to amend the City's Annual Action Plan to include the project being assisted with Section 108 funds. At the August 14th public hearing, the City Council authorized the submittal of the Section 108 application and adopted the resolution included as Attachment D. The Resolution includes the required HUD certifications. I Attachment E contains the copy of the proof of publication of the public hearing notice covering the amendment to the Action Plan and submittal of the Section 108 application. 13. Contact Person If you have any questions concerning this proposed Section 108 Loan Guarantee request, please contact: Mr. Daniel R. Trimble Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3230 (949) 644-3250 e -mail: dtrimble @city.newport- beach.ca.us F. I UsersIPLNI SIrameCDBGIFy200 1- 20021CDBG108app 2.doc I >s cu m L. Z �& 0 ATTACHMENT A NY, Ae4o A U) En 0 c 0 cU a)'D Ln Ln 0 V A Ids Ull a) J. L PIER PARKING LOT ATTACHMENT B BALBOA VILLAGE IMPROVEMENT PROJECT NOT TO SCALE AREAS ELIGIBLE FOR 108 FUNDING mNO 108 FUNDING ATTACHMENT B 7 a -07 -2'001 10: 24 rlfF RI. BRIGGS "o. ASSOCIATES ATTACHMENT C TOTPL P, 021 I° A B C D E F 1 CITY OF NEWPORT BEACH j 2 SECTION 108 REPAYMENT 3 newportbeach108repayiI 4 June 22,2001 6 Drawdown Assumptions I I 7 8 9 August 1,2002 Fees Underwriter $ 2,400,000 5 ?4,400 ( _- -� JHistoric costs for fees 1/55 to 60 basis points) i(S300 per $1M of notes) :i=_ 10 Legal E Accounting S 720 11 Trustee Fees ! $ 6,000 _ (5250 to $300 per years in term of repayment) 12 13 Wire Transfer Fees _j S 50 Total Fees $ 21,170 (($50 per draw down j -+ 14 Total 5 2,421,1701 15 16 Repayment Assumptions--i j 17 Average Interest Projected at 6.5q; 18 Principal amortization over 20 years ,J `i r_- 6.50 °0 Interim Interest based on June 18, 2001 3 -Month LIBOR plus 20 basis points j 3.95% - Assumed Public Offering Date for Funding I -_ !August 1,2003 -- Section 108 1 g 20 21 22 .Repayment 24 August I Principal August I February ! Fiscal Year i 25 I Interest Interest I Total Ending 26 Fiscal Year Payment Payment Payment I Payments J Balance 27 ._. I 28 29 30 2002 -03 Payment of Fees) $ 21,170 2002 -03 (3 Quarterly Payments) $ 71,100 2003 -04 i a" _ 600010T -s23,70-0-F-$' 76,050 2004 -OS 15 64,000 16,05 S _ 73,970 j 20OS -06 1 $ 69,000 i 5 73,970 J $ 71,728 1 2006 -07 I $ 73.000 ! S 71,728 S 69,355 1 $ 21,170 I $ 92,270 S 2,400,000 1 S 159,750 1 S 2,340,000 31 $ 214,020 I1 $ 2,276,000 32 33 S 214,698 i $ 2,207,000 $ 214,083 I $ 2,134,000 34 2007 -08 S 78,000 J $ 69,355 j $ 66,820 S 214,175 ' S 2,056,000 35 2008 -09 S 84,000 i $ 66,820 j S 64,090 $ 214,910 I $ 1 972,000 36 2009 -10 89,000 1 $$ 6 67,198 1 5 214,288 ITS 1 883,000 37 2010 -11 1 S 95,000 1 S 61,198 1 S 58,110 J$ 214,308 1 S 1,788,000 38 2011 -12 -�$ 102,000 j $ 58,110 $ 54,795 j $ 214,905 $ 1,686,000 13 14 S 08,000 $ 116,000 I S 54.795 1 S 5128 $$ 51,285 t$ 47,515 i5 $ 214,080 1 $ 1,5 ?8,000 S 214,800 j $ 1,462,000 15 16 J 17 1 V42019-20 S 123,000 i $ 132,000 I $ 47,515 ' $ 43,518 i S 43,518 $ 39,220 $ 214,033 ! S 1,339,000 $ 214,745 1 $ 1,207_000 S 141,000 $ 39,228 1 $ 34,645 $ 214,873 ; 5 1,066,000 18 �_ -� 19 $ 1 0,000 5 160,C00 ; 5 34,fi456 -2 ,770 . S 29,770 S 24.570 $ 214,41575 516,000 214,340 ; S 756,000 20 ��S_ 24,570 $ 19,013 I $ 214,583 j S 585,000 47 202041 2021 -22 ,1711,,00000 $ ;82,000 ! 5 195,000 �S_ $ 19,013T 13,098 I $ 13,09 6,760 1 $ 214,110 i S 403,000 S 214,85e , 5 208,000 48 49 2022.23 S 208,000 S 6,7601$ - $ 214,760 1 S 50 1 - '$ -- - - 5 2,460,000 $ 929,215 $ 997,;85 � 4,348,176 . TOTPL P, 021 I° ATTACHMENT D RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANGER TO SUBMIT A SECTION 108 LOAN GUARANTEE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Newport Beach has determined that a high priority exists for public facilities improvements on a portion of the Balboa Peninsula in order to stimulate economic revitalization and residential neighborhood improvements and that the implementation of the Balboa Village Pedestrian and Streetscape Improvement Plan is an activity that meets these priorities; and WHEREAS, the proposed project is included in the City's adopted One Year Action Plan of the Consolidated Plan: and WHEREAS, the Section 108 Loan Guarantee program, implemented by the United States Department of Housing and Urban Development (HUD), is designed to provide funds to assist with these types of projects; and WHEREAS, under the Section 108 Loan Guarantee program, the City can borrow up to five years worth of its annual Community Development Block Grant allocation, and can take up to twenty years to repay the principal and interest; and WHEREAS, the City is requesting a total of up to $2.4 million in Section 108 Loan Guarantee funds to assist with the implementation of the Balboa Village Pedestrian and Streetscape Improvement project; and WHEREAS, the City Manager is authorized to submit the Section 108 Loan Guarantee application and amendments thereto and all understandings and assurances contained therein, and to act in connection with the application to provide such additional information as may be required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION I. The City hereby certifies and assures with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it posseses the legal authority to make the pledge of grants required under 24 CFR 570.705 (b) (2). SECTION 2. As prerequisites for submission of the application to HUD, the City certifies that it has: (a) Furnished citizens with information required by Section 570.704(a) (2)(i) of Title I of the Housing and Community Development Act of 1974, as amended; (b) Held at least one public hearing, on August 14, 2001, to obtain the views of citizens on community development and housing needs; and (c) Prepared its application in accordance with Section 570.704(a)(1)(iv) of Title I of The Housing and Community Development Act of 1974, as amended, and made the application available to the public. SECTION 3. The City has and will continue to follow a detailed citizen participation plan that meets the requirements described in Section 570.704(a)(2) of Title I of the Housing and Community Development Act of 1974, as amended. SECTION 4. The City has and will continue to affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Public Law 88 -352, 42 U.S.C. 2000d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601 -20). SECTION 5. The City will expend in the aggregate, at least 70 percent of all CDBG funds, as defined in Section 570.303(e) of Title I of The Housing and Community Development Act of 1974, as amended, during the one, two, or three consecutive years specified by the City for its CDBG program on activities which benefit low /moderate income persons, as described in criteria in Section 570.208(a) of the Act. SECTION 6. The City has and will continue to comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low and moderate - income housing described in Section 570.606. SECTION 7. The City has and will continue to comply with other provisions of the Act and with other applicable laws. SECTION 8. The City has and will continue to certify regarding debarment, suspension, and other responsibility as follows: (a) The prospective recipients of the Section 108 Loan Guarantee funds and all of their contractors will certify to the best of their knowledge and belief, that they: 1). Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2). Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ) i; ) 3). Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)2 of this certification; and 4). Have not within a three year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. SECTION 9. The City hereby assures and certifies with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it has made efforts to obtain financing for the activities described herein without the use of such guarantee, that it will maintain documentation of such efforts for the term of the loan guarantee, and that it cannot complete such financing consistent with the timely execution of the program plans without such guarantee. SECTION 10. The City has and will continue to hereby certify, to the best of its knowledge and belief, the following: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any or cooperative agreement, and the extension, continuation, renewal amendment, or modification of any /Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (c) It will require that the language of paragraph (a) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. SECTION 11. Continue to maintain a drug -free workplace by (a) Publishing a statement notifying employees that the unlawful manufacture, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about the following: 1). The dangers of drug abuse in the workplace; 2). The grantee's policy of maintaining a drug -free workplace; 3 �� 3). Any available drug counseling, rehabilitation, and employee assistance programs; and 4). The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee engaged in grant activity be given a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1). Abide by the terms of the statement; and 2). Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency (HUD) in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position and title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)2, with respect to any employee who is so convicted: 1). Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, and any other applicable federal and state laws; and 2). In appropriate circumstances, require an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency. SECTION 12. This Resolution shall be effective immediately upon its adoption. Adopted this 14' day of August 2001. ATTEST: City Clerk 0 Mayor NOTICE OF PUBLIC HEARING AMEND 2001 -2002 CDBG ACTION PLAN AUTHORIZATION TO SUBMIT SELECTION 108 LOAN APPLICATION Notice is hereby given that a public hearing will be conducted by the City Council of the City of Newport Beach to consider the following actions regarding the planned public works improvements as set forth in the Balboa Village Pedestrian and Streetscape Improvement Plan: - Amend the current 2001 -02 Action Plait for the City's Community Development Block Grant Program to include the submittal of a Section 108 Loan to assist with the partial funding of the proposed public works improvement project. - Authorize the submittal of a Section .108 Loan Guarantee Application of up to $2.4 million to the U.S. Department of Housing and Urban Development for assistance in funding implementation of the Balboa Village- Pedestrian and Streetscape Improvement Plan. - Amend the 2000 -2001 Action Plan for the City's Community Development. Block Grant Program to reprogram $30,000 from the ADA Improvements project to assist with the partial funding of the proposed Balboa Village Pedestrian and Streetscape Improvement Plan. The purpose of the hearing is to provide citizens an opportunity to comment on the proposed actions to be taken. The public hearing will be on Tuesday, August 14, 2001, 7:00 PM, in the City Council. Chambers located in the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, CA 92658 -8915. Notice is hereby further given that all persons interested in reviewing the Amended Action Plan and the Draft Section 108 Loan Application may inspect copies at the City of Newport Beach Planting Department at City Hall after July 25, 2001; Comments or requests for additional information should be directed to •the City of Newport Beach Planting Department at (949) 64-4-3230, prior to August 14, 2001. . LaVonne Harkless, City Clerk, City of Newport Beach Published in the Newport Beach -Costa Mesa Daily Pilot July 13, 2001. ttnairt News �ecLion) I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 13 , 2001 at Cosa Mesa, California. Signature ATTACHMENT E FILE COPY a News Section) Authorized to Publish Advertisements of all kinds including public notices by Decuee of the superior Court of Orange County, California. Number A -6211, 9 September 29. 1961, and A -21831 June 11, 1963. PROOF OF PUBLICATION .i STATE OF CALIFORNIA) ) SS. FILE COPY County of Orange ) I am a Citizen of the.United States and a resident of the County aforesaid; I am over the age o f.eichteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT (Main News Section) BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City, of Costa Mesa, County oP Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: July 13, 2001 (Main News Section) I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 13 2001 at Costa Mesa, California. (o Signature