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HomeMy WebLinkAbout04 - Proposed Assessment District 101CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 April 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher 949 - 644 -3316 or ptauscher @city.newport - beach.ca.us SUBJECT: Proposed Assessment District No. 101 — Area Generally Bounded by Buena Vista Avenue, Edgewater Avenue, Adams Street, and Balboa Boulevard - for Undergrounding Utilities and Designation as an Underground Utilities District Recommendations: 1. Adopt the following Resolutions for Proposed Assessment District No. 101: a. Resolution Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for Proposed Assessment District No. 101. b. Resolution Declaring Intention to Order the Construction of Certain Improvements in Proposed Assessment District No. 101; Declaring the Improvements to be of Special Benefit; Describing the District to be Assessed to Pay the Costs and Expenses Thereof; Providing for the Issuance of Bonds; and to Designate the Area an Underground Utilities District. c. Resolution Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 101, Setting a Time and Place for a Public Hearing as May 27, 2008; and Ordering the Initiation of Assessment Ballot Procedures. d. Resolution Approving Utility Improvement Contracts for Utility Improvements for Assessment District No. 101. 2. Approve the Bond Counsel Agreement with Robert Hessell and authorize the Mayor and City Clerk to execute the Agreement. Discussion: Proposed Assessment District No. 101 is for the conversion of existing overhead utilities to underground locations. Property owners within the proposed Assessment District boundary will bear the cost of the improvements and associated proceedings. Property owners located in Proposed Assessment District No. 101 submitted petitions to the City requesting formation of a special assessment district to underground Proposed Assessment District No. 101 —Area Generally Bounded by Buena Vista Avenue, Edgewater Avenue, Adams Street, and Balboa Boulevard - for Undergrounding Utilities and Designation as an Underground Utilities District April 8, 2008 Page 2 overhead utilities. To date, City Council has approved a total appropriation of $120,245 for the preliminary stages of this project including $22,745 to retain the firm of MuniFinancial as the assessment engineer, and $40,000 and $57,500 to SCE and AT &T, respectively, to prepare the engineering drawings for the District. On September 24, 2004, MuniFinancial certified signed petitions submitted by 60.6 percent of owners with assessable property within proposed Assessment District No. 101. The Municipal Improvement Act of 1913 governs the procedures used to create the Assessment District. Bonds issued under the Improvement Bond Act of 1915 carry a 15 year term and are issued to finance assessments not paid in cash within 30 days after confirmation of the assessment. The estimated total cost for Proposed Assessment District No. 101 is as follows: ITEM COST Cost of Construction $4,146,258 Incidental Costs and Expenses $285,420 Financing (Bond) Costs $469,716 Estimated Total Cost: $4,901,394 Estimated cost does not include the Federal Income Tax Component of Contribution (ITCC) tax, which is a betterment tax, which is 22 percent of the SCE construction cost ($555,546). The Bond Reserve for this district is estimated at 7.67 percent. Property owners paying their assessments in full during the 30 -day cash payment period waive the financial cost of issuing and servicing the bonds and receive a discount of approximately 10.6 percent. In addition to the payment of the assessment, each property owner is responsible for the costs of converting the overhead service connection to receive the new underground service. The cost to the property owner for this conversion varies depending on the condition and location of the current electrical service. Each property owners is encouraged to contact a licensed electrical contractor to assess the particular property needs. The following is a tentative schedule for proposed Assessment District No. 101: Resolution of Intention April 8, 2008 Property owner information meeting May 7, 2008 Public Hearing May 27, 2008 Public utilities commence work September 2008 Property owners notified to install service connections June 2009 Property owners complete conversions October 2009 Public utilities begin to remove overhead structures 2010 Public utilities finish removing poles and overhead structures -January March 2010 The Assessment Engineer used an equivalent benefit unit (EBU) methodology to Proposed Assessment District No. 101 —Area Generally Bounded by Buena Vista Avenue, Edgewater Avenue, Adams Street, and Balboa Boulevard - for Undergrounding Utilities and Designation as an Underground Utilities District April 8, 2008 Page 3 apportion assessments within this District. The EBU from undergrounding the overhead utilities were divided into three categories: 1) Improved safety, 2) Improved reliability, and 3) Improved neighborhood aesthetics Improved Safety Condominium complexes, multi - family residences, and non - residential properties may span more linear feet of frontage along the streets that have the overhead facilities and /or utility poles proposed to be undergrounded, when compared to the typical single - family residential lot within the District. For the benefit of Safety, one equivalent benefit unit (1.0 EBU) is equal to a single - family residential lot with 30 linear feet of frontage along any side of its property that is adjacent to overhead facilities. Therefore, some properties, including certain single - family residences, have been assigned additional EBU's to reflect the total frontage that is directly adjacent to overhead facilities, including multiple sides of the property. In identifying parcels that will be assigned a Safety EBU greater than or equal to 1 EBU, overhead facilities, including utility lines and poles, along alleyways are considered to be adjacent to all properties on both sides of the alleyway that front the overhead facilities. In addition, utility poles are considered a part of the overhead facilities and properties that front utility poles are assigned a minimum of 1 EBU. Properties that do not have any overhead facilities directly adjacent to their property along the public rights -of -way shall be assigned a minimum EBU equal to 0.5 to reflect the improved overall safety of the neighborhood that these properties specially benefit from. For each condominium complex, the EBUs calculated were evenly distributed to each condo within the complex. For single - family residences, multi - family properties, and non - residential properties, the EBUs calculated were assigned to the applicable Assessor's Parcel Number. Below is the formula to calculate a parcel's EBUs for the benefits of Safety. Parcels Frontage Safety Benefit EBU Calculation 1-30 linear feet 1 x SEBU = Parcel's EBU > 30 linear feet Parcel's Frontage Safety _ 30 x EBU - Parcel s EBU Proposed Assessment District No. 101 —Area Generally Bounded by Buena Vista Avenue, Edgewater Avenue, Adams Street, and Balboa Boulevard - for Undergrounding Utilities and Designation as an Underground Utilities District April 8, 2008 Page 4 Improved Reliability The distribution of electricity, other utilities, and the underground wires and cables are constant for each dwelling unit. However, since there are different zone designations and multiple land use and /or potential land use types within the District, the number of units varies from parcel -to- parcel. As such, since each unit benefits from the improved reliability of underground facilities, equivalent benefit units were assigned to each parcel based on the lot size of the parcel. The current number of units within the District is not constant and may change in the future. Therefore, assigning equivalent benefits units based on the lot size of a parcel, provides a means to capture the benefit associated with the highest potential use of each parcel. In assigning equivalent benefit units, one (1) EBU represents a typical parcel within the proposed District, with a lot size of 70 feet x 30 feet, or 2,100 square feet. All parcels, with a lot size equal to or less than 2,100 square feet, are assigned a minimum of 1 EBU. Parcels, with a lot size greater than 2,100 square feet, are assigned additional EBUs based on 1 EBU being equal to 2,100 square feet. Below is the formula to calculate a parcel's EBUs for the benefit of Reliability. Parcels Square Footage Reliability Benefit EBU Calculation <_ 2,100 sgft 1 x Reliability = Parcel's EBU > 2,100 Parcel's Sgft x Reliability = Parcel's EBU 2,100 EBU Improved Neighborhood Aesthetics Removing the overhead utilities will improve the overall neighborhood aesthetics for all properties within the District by eliminating a heavy concentration of electric lines and communication facilities. However, similar to reliability, all dwelling units in the District receive a special benefit from the improved neighborhood aesthetics. Properties will benefit from the overall beautification of the neighborhood through vehicle and pedestrian access. As such, since the current number of units within the District is not constant and may change in the future, equivalent benefit units were assigned to each parcel based on the lot size of the parcel. Assigning equivalent benefits units based on the lot size of a parcel, provides a means to capture the benefit associated with the highest potential use of each parcel. In assigning equivalent benefit units, one (1) EBU represents a typical parcel within the proposed District, with a lot size of 70 feet x 30 feet, or 2,100 square feet. All parcels, with a lot size equal to or less than 2,100 square feet, are assigned a minimum of 1 EBU. Parcels, with a lot size greater than 2,100 square feet, are assigned additional EBUs Proposed Assessment District No. 101 —Area Generally Bounded by Buena Vista Avenue, Edgewater Avenue, Adams Street, and Balboa Boulevard - for Undergrounding Utilities and Designation as an Underground Utilities District April 8, 2008 Page 5 based on 1 EBU being equal to 2,100 square feet. Below is the formula to calculate a parcel's EBUs for the benefits of Neighborhood Aesthetics. Parcels Square Footage Neighborhood Aesthetics Benefit EBU Calculation <_ 2,100 sgft 1 x Aesthet EBUICS _ Parcel's EBU > 2,100 Parcel's Saft x Aesthetics = Parcel's EBU 2,100 EBU These benefits were assigned EBUs for each parcel as follows: Category of Special Benefit Benefit Allocation Budget Improved Safety 33.33% $1,633,789 Improved Reliability 33.33% $1,633,789 Improved Aesthetics 33.33% $1,633,789 TOTAL 100% $4,901,394 For parcels located within the District boundaries; the three benefits described above were estimated to be of equal weight. Therefore, the total cost of assessment for the underground utility district formation will be distributed with approximately one -third of the costs to parcels that benefit from the conversion from an overhead to an added safety, one -third to the system reliability and one -third of the costs will be distributed to the parcels that receive the aesthetic view enhancement to the neighborhood area. The range for the estimated assessment costs per parcel is $3,888.35 to $121,646.62. Assessments vary over a wide range due to the variation of property sizes, uses, and the degree of undergrounding required. Some exceptions were taken for parcels that did not fall into the benefit factor criteria. The following were exceptions within AD -101: Parcels 048 - 051 -19, 048 - 051 -20, 048 - 051 -21, and 048 - 051 -22 were part of Assessment District 74, and therefore, are not part of this proposed District. Parcel 048 - 032 -14 does not have any potential for development and is not assessed. Parcels 048 - 104 -09, 048 - 104 -13, 048 - 111 -25, 048 - 113 -13, and 048 - 114 -16 are the land parcels for each of the condominium complexes within the District and are exempt from the assessment. Condominiums are assigned separate assessor's parcel numbers by the County and are assessed as part of this utility undergrounding. Proposed Assessment District No. 101 —Area Generally Bounded by Buena Vista Avenue, Edgewater Avenue, Adams Street, and Balboa Boulevard - for Undergrounding Utilities and Designation as an Underground Utilities District April 8, 2008 Page 6 Drawings and specifications for this assessment district were prepared by SCE, AT &T, and Time Warner Cable. Attached is a sketch showing the boundary of the proposed Assessment District No. 101 and the utilities to be undergrounded. Environmental Review: A Notice of Exemption was completed March 3, 2008 and filed with the County Recorder on March 4, 2008. Prepared by: VSJi�- Peter Tauscher Junior Engineer Attachments: Submitted by: 1. Exhibit showing proposed boundaries of Assessment District No. 101 2. Resolution Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for the Proposed District No. 101 3. Resolution Declaring Intention to Order the Construction of Certain Improvements; Declaring the Improvements to be of Special Benefit; Describing the District to be Assessed to Pay the Costs and Expenses Thereof; Providing for the Issuance of Bonds; and Designate the Area an Underground Utilities District 4. Resolution Giving Preliminary Approval to the Report of the Assessment Engineer, Setting a Time and Place for a Public Hearing as May 27, 2008; and Ordering the Intention of Assessment Ballot Procedures 5. Resolution Approving Utility Improvement Contracts for Utility Improvements 6. Utility Contracts for SCE and AT &T 7. Bond Counsel Agreement 8. Notice of Exemption 9. 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City of Newport Beach CITY OF NEWPORT BEACH RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RECEIVING A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR PROPOSED ASSESSMENT DISTRICT NO. 101 WHEREAS, this legislative body has received from certain property owners an executed petition (the "Petition ") requesting the formation of a special assessment district, to be designated as Assessment District No. 101 (the "Assessment District'), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the Petition, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the ordinances of the City of Newport Beach and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, this legislative body finds that the Petition has been signed by owners owning more than sixty percent (60 %) in area of all assessable property within the boundaries of the proposed Assessment District; and WHEREAS, this legislative body has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District. NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Petition shall be retained as a permanent record and remain open to public inspection. SECTION 3. The Map is hereby approved and adopted. The original map of the boundaries of the proposed Assessment District and one copy thereof are to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original Map and on at least one copy of the Map evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of a resolution fixing the time and place of hearing on the formation and extent of the Assessment District, a copy of the Map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of California. SECTION 5. Stephen G. Badum P.E., Director of Public Works for the City of Newport Beach, is hereby appointed to perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said duties are specified and designated in the Act. The place for recordation of the assessment roll and diagram shall be in the office of the appointed Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 6. The Daily Pilot is hereby designated as the newspaper for all publications as required by law and as necessary for the Assessment District proceedings. SECTION 7. The firm of MuniFinancial is hereby appointed the Assessment Engineer for the Assessment District. SECTION 8. The firm of Fieldman Rolapp & Associates is hereby appointed the Financial Advisor for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 9. Robert E. Hessell, attorney at law, is hereby appointed to act as Bond Counsel for the Assessment District and the contract for services submitted is hereby approved. SECTION 10. This legislative body hereby authorizes the establishment of a special improvement fund for the Assessment District and into the improvement fund shall be placed all proceeds from the sale of Assessment District bonds and cash collections. In order to expedite the improvements to be made underthe Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the special improvement fund. Any funds transferred into the special improvement fund (other than proceeds from the sale of Assessment District bonds and cash collections) shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of April, 2008, by the following vote: AYES: NOES: ABSENT: M. i ATTEST: City Clerk 2 Mayor CITY OF NEWPORT BEACH RESOLUTION NO. 2008 - RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 101, DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND TO DESIGNATE THE AREA AN UNDERGROND UTITLITES DISTRICT WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 101 (hereinafter referred to as the "Assessment District') to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, 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'); and WHEREAS, this legislative body desires to ascertain whether the area comprising the Assessment District should also be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "City "); and WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, togetherwith appurtenances and appurtenantwork in connection therewith, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; and WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District; and WHEREAS, the assessment proceedings forthe Assessment Districtwere initiated by owners of the real property within the Assessment District. NOW THEREFORE, BE IT Determined, Resolved, and Ordered as follows: DECLARATION OF INTENTION SECTION 1. The public interest and convenience require, and it is the intention of this legislative body to order, pursuant to the Act, the construction of the public improvements hereinafter described in and forthe Assessment District, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. DESCRIPTION OF IMPROVEMENTS SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: A. The improvements generally consist of the conversion of existing overhead electrical and communication facilities to underground locations within the area shown on the Map, togetherwith appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 101. B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineer's Report (described below) and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineer's Report. D. The description of the improvements contained in this Resolution is general and the plans and profiles of the work as contained in the Assessment Engineer's Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The improvements are of special benefit to the real property within the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District that is described as follows: All real property and other territory in the proposed Assessment District included within the exterior boundary lines shown on the Map described above, which Map, entitled "Proposed Boundaries Assessment District No. 101," was previously approved by this legislative body, exhibits the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements, and is on file with the transcript of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the boundary Map. 2 REPORT OF THE ASSESSMENT ENGINEER SECTION 3. The proposed improvements are hereby referred to MuniFinancial (the "Assessment Engineer') who is hereby directed to make and file a report as required by the Improvement Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California, and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750), such report (the "Assessment Engineer's Report ") shall be in writing and contain the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective real property and otherterritory within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the proposed improvements upon the real property in the Assessment District in proportion to the estimated special benefits to be received by the real property, respectively, from such improvements. Such assessment shall refer to such real property upon such diagram by the respective numbers thereof; E. The description of the improvements proposed to be constructed under these proceedings. When any portion or percentage of the assessable costs and expenses of the construction of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subparagraph D above. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500, et seq.), which bonds shall be issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their 191 date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officerto collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above, all of the improvements shall be constructed pursuant to the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements; or D. To call bonds. IMPROVEMENT FUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of.this Assessment District, and into such fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Peter Tauscher, Junior Engineer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 949 -644 -3316 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the Citywill not obligate itself to advance available funds from the City treasury to cure any deficiency that may occur in the bond redemption fund for the Assessment District. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is also the intention of this legislative body with respect to the improvements to be owned, managed, or controlled by any other public agency, regulated public utility, or mutual water company, prior to ordering the construction of improvements, 5 to enter into an agreement with each public utility company or public agency, or any combination thereof with respect to the improvements to be owned, controlled or managed by the utility or agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk N Mayor CITY OF NEWPORT BEACH RESOLUTION NO. 2008 - RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 101, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 101 (hereinafter referred to as the "Assessment District ") to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, 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 "); and WHEREAS, the Assessment District area should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "Ordinance "); and WHEREAS, a resolution of intention (the "Resolution of Intention ") forthe formation of the Assessment District and the utility conversion was previously adopted by this legislative body; and WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the "Report") as required by the Resolution of Intention, Sections 10203 and 10204 of the Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, 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 ") and the Ordinance. NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted and preliminarily approved, as follows: A. The plans and specifications for the proposed improvements to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective real property interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several property interests in the Assessment District, in proportion to the estimated special benefits to be received by such property interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district, the proposed assessments, and the designation of the area as an underground utilities district at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on May 27, 2008 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property that is subject to the assessment has the right to submit an assessment ballot in favorof or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each property interest located within the assessment district and subject to a proposed assessment. Each such owner may complete such ballot and thereby indicate their support for or opposition to the proposed assessment. All such ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 A postmark prior to such date and time will not be sufficient. 2 At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be opened and tabulated. If a majority protest exists, the City Council shall not impose an assessment within the assessment district. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the assessment district exceed the ballots submitted in favor of such assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 5. The City Clerk is hereby directed to mail or cause to be mailed, in the form and manner prescribed in the Assessment Law and at least 45 days prior to the date of the public hearing, notice of the public hearing and the adoption of the Resolution of Intention and of the filing of the Report, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 3 Mayor CITY OF NEWPORT BEACH RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CONTRACTS FOR UTILITY IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 101 WHEREAS, this City Council has, 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, by adoption of its Resolution of Intention, declared its intention to order the installation of certain works of improvement, together with appurtenances, in a special assessment district designated as Assessment District No. 101 (hereinafter referred to as the "Assessment District'); and WHEREAS, Streets and Highways Code Section 10110 specifies that before ordering any improvements which are to be owned, managed or controlled by another public agency or public utility, an agreement is required setting forth the terms and conditions of the installation, ownership, management and financing of the improvements; and WHEREAS, at this time, contracts have been submitted and reviewed pursuant to the authorization of Section 10110 of said Streets and Highways Code. NOW, THEREFORE, it is hereby Determined, Ordered, and Resolved as follows: SECTION 1: The above recitals are all true and correct. SECTION 2. The agreements submitted to this legislative body relating to the installation of certain improvement facilities for the Assessment District, which improvements will be under the ownership, management and control of other public agencies or regulated public utilities, are hereby approved for execution and delivery. The agreements are the following: Southern California Edison - utility agreement AT &T - letter agreement SECTION 3. Immediately upon execution, conformed copies of said agreements shall be transmitted to the office of the respective public agency or utility company, together with a copy of this Resolution. 0 PASSED, APPROVED, and ADOPTED this 8th day of April 2008. AYES: NOES: ABSENT: /NT. .1►k ATTEST: City Clerk 5 Mayor SOLAHERN CALIFORNIA E ®IS ®N® An BDMN WERNATIONAL® Company January 23, 2008 Iris Lee, CITY OF NEWPORT BCH 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 Subject: SCE Project Number: 6633 -7111, 47109 Project location: LINDO /EDGEWATER /ADAMS /BAL NEWPORT BEACH, CA 9266D Thank you for the opportunity to assist you with your electrical needs. The information provided below indicates requirements needed to complete your project. Please read and follow the directions so that your project may be completed in a timely manner. o Enclosed are two copies of our invoice. Return one copy of the invoice with your payment. o Please return all applications and /or agreements fully completed. o An Edison Inspector must approve all underground systems. Call (714)895 -0610 prior to construction. Please return the documents and /or payment in the enclosed self - addressed envelope. After receipt of the required documents, your project will be scheduled for construction. If you have any questions, feel free to call me at (714)895 -0292. Sincerely, TIM S MCGINNIS Customer.Service Planner Enclosures P. O. Box 11982 Santa Ana. CA 92711.1982 SOUTHERN CALIFORNIA EDISON® An EDISON TNTHRNATTONAL8 Company January 23, 2008 SALES INVOICE NAME: PROJECT LOCATION: CITY OF NEWPORT BCH LINDO /EDGEWATER /ADAMS /BAL NEWPORT BEACH, CA 92660 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: TIM S MCGINNIS 7333 BOLSA AVE WESTMINSTER, CA 92683 PROJECT DESCRIPTION: 47109 - RULE 20B AD #'101 STR All prices are applicable for a period of 90 days from this date and are subject to change thereafter. ------------------------------------------------------------------------ CUSTOMER INVOICE INFORMATION SCE ACCOUNTING ------------------------------------------------------------------------ Cust Adv Non -Ref - No ITCC NON - REFUNDABLE 142.110 = $ 2,202,860.00 Relocation Advance $ 2,202,860.00 TOTAL = $ 2,202,860.00 PLEASE PAY THIS AMOUNT $ 2,202,860.00 P. 0. Box 11982 Santa Ana. CA 92711 -1982 TOTAL $ 2,202,860.00 SCE PROJECT NUMBER: 6633 -7111, 47109 C.W.O.# C.J.O.# : Name: CITY OF NEWPORT BCH : Prj Loc LINDO /EDGEWATER /ADAMS/ NEWPORT BEACH, CA 9266 SOUTHERN CALIFORNIA E ®IS ®N® An EDISON INTERNATIONALa Company January 23, 2008 Iris Lee CITY OF NEWPORT BCH 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 Subject: SCE Project Number: 6633 -7112, 47110 Project location: LINDO /EDGEWATER /ADAMS /BAL NEWPORT BEACH, CA 92660 Thank you for the opportunity to assist you with your electrical needs. The information provided below indicates requirements needed to complete your project. Please read and follow the directions so that your project may be completed in a timely manner. o Enclosed are two copies of our invoice. Return one copy of the invoice with your payment. o Please return all applications and /or agreements fully completed. o An Edison Inspector must approve all underground systems. Call (714)895 -0610 prior to construction. Please return the documents and /or payment in the enclosed self- addressed envelope. After receipt of the required documents, your project will be scheduled for construction. If you have any questions, feel free to call me at (714)895 -0292. Sincerely, TIM S MCGINNIS Customer Service Planner Enclosures P. O. Box 11982 Santa Ana, CA 92711 -1982 z, SOUTHERN CALIFORNIA EDISON� An EDISON INTERNATIONAL® Company January 23, 2008 SALES INVOICE NAME: PROJECT LOCATION: CITY OF NEWPORT BCH LINDO /EDGEWATER /ADAMS /BAL NEWPORT BEACH, CA 92660 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: TIM S MCGINNIS 7333 BOLSA AVE WESTMINSTER, CA 92683 PROJECT DESCRIPTION: 47110 - RULE 2013 AD# 101 CABLE All prices are applicable for a period of 90 days from this date and are subject to change thereafter. ------------------------------------------------------------------------ CUSTOMER INVOICE INFORMATION SCE ACCOUNTING ------------------------------------------------------------------------ Cust Adv Non -Ref - No ITCC NON- REFUNDABLE 142.110 = $ 322,350.00 Relocation Advance $ 322,350.00 TOTAL = $ 322,350.00 PLEASE PAY THIS AMOUNT $ 322,350.00 TOTAL $ 322,350.00 -------- - - - - -- SCE PROJECT NUMBER: 6633 -7112, 47110 : C.W.O.# C.J.O.# : Name: CITY OF NEWPORT BCH : Prj Loc LINDO /EDGEWATER /ADAMS/ NEWPORT BEACH, CA 9266 P. O. Box 11982 Santa Ana, CA 92711 -1982 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Installation by Utility) THIS AGREEMENT, made this 23rd dayof January, 209 . between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility", and the party or parties whose names are subscribed hereunder as "Applicants ", WITNESSETH: WHEREAS, Applicants have requested Utility, pursuant to Section B. of Utility's Rule No. 20, Replacement of Overhead with Underground Distribution Facilities, to replace Utility's existing overhead with underground distribution facilities at the location or locations in the County of Orange County, Stan of California, substantially described as follows: Llndo I Edgewater I Adams I Bal Newport Beech, CA 92660 6633 -7111 4- 7109,6633.7112 4 -7[10 and as shown on the map attached hereto and made a part hereof; and a It isnecessary for all property owners served from Utility's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnished from Utility's underground distribution system. in. accordance with Ulilfryys rules and that Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities, or b. Suitable legislation is in effect requiring such property owners to make such necessary wiring changes and authorizing Utility to discontinue Utility's overhead service; and WHEREAS, Applicants have requested Utility to famish and install the pads and vaults for transformers and associated equipment, conduits, ducts; boxes and eleeirolier bases and to perform other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving required in connection with installation of the underground system; and WHEREAS, Underground service connections to each applicant from Utility's underground distribution system will be installed and maintained as provided In Utility's rules applicable thereto; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows, viz.: _ I. Applicants will pay to Utility concurrently with the execution hereof the nonrefundable amount of 52,186,820.43 which is the excess, if any, of the estimated costs, including breaking of pavement trenching, backfilling, and paving required In connection with installation of the underground system, and of $338,389.57, the excess, if any, of the estimated costs including transformers, meters, and services, of completing the underground system and building .& new equivalent overhead system.The amount contributed by each of said Applicants "is shown hereinafter. _ 2. Utility will complete the undergrounding of said overhead distribution facilities, provided, however, Utility has been granted rights of way therefore satisfactory to and without cost to Utility. SCE CSD 156 -1 REV 11/01 -3- 3. Said underground distribution facilities will be and will remain the property of Utility. 4. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service maybe famished from Utility's underground distribution system in accordance with Utility's rules, and Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities. 5. This contract is subject to the Rules of Utility. 6. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY By Re31oN oRnlvlsioxxraxnoist Huntington Beach MION OR DIMION SIGNATURE OF APPLICANTS ADDRESS AMOUNT CONTRIBUTED c� OWAMi Witness STR W/O # 6633 -7111 4 -7109 $2,202,860.00 CABLE W/O # 6633 =7112 4 -7110 $. 322,350.00 Contract Total $2,525,210.00 SCE CSD 156.1 REV 11/01 -4- Form ACW -F Rev. 6/19/06 AT &T Project # LE(11)11000 Make check payable to: AT &T Return signed Application with payment to: AT &T 3939 E. Coronado St. Anaheim, Ca. 92807 Attn:Jeff Merickel APPLICATION FOR CUSTOM WORK - FIXED PRICE BASIS January 8, 2008 City of Newport Beach Department of Public Works 8300 Newport Blvd. Newport Beach, Ca. 92663 -3884 ATTN: Iris Lee DESCRIPTION OF CUSTOM WORK: This is in response to the City of Newport Beach's request to convert all aerial facilities within Underground Assessment District No. 101 to underground. The Assessment District is comprised of Lindo Avenue, Edgewater Avenue, Adams Street and East Balboa Boulevard in Newport Beach. CHARGE FOR CUSTOM WORK: FIXED CONTRACT PRICE: $1,195,706.00 Applicant has asked AT &T to perform the above- described custom work for which Applicant shall pay AT &T the contract price of One Million One Hundred and Thirty-Eight Thousand Two Hundred and Six Dollars and No Cents / $1,138,206.00 in advance of the start of any AT &T work. This amount is less the deposit of $5,900.00 received on August 27,1999, $40,000.00 received on July 8, 2005 and $11,600.00 received on August 31, 2007. Applicant shall pay for work on a "Fixed Price" basis. Thus, the amount quoted above is the amount Applicant will pay for the work regardless of the actual cost of the work. Charges are computed in accordance with AT &T's ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and include allocated costs for labor, engineering, materials, transportation, motor vehicles, and tool and supply expenses and, if applicable, a 33 percent tax component collected for State and Federal Income Tax purposes in accordance with CPUC decision 87 -09 -026. The amount of One Million One Hundred and Ninety-Five Thousand Seven Hundred and Six Dollars and No Cents / $1,195,706.00 is valid for only two hundred and ninety -eight (298) days and is therefore subject to change after November 1, 2008 if AT &T has not received an executed copy of the Application and the advance payment by that date. The above date was agreed to by mutual agreement. Also, this pricing must remain valid until November 1, 2008 per the actual scope of the bid. Form ACW -F Rev. 6/19106 If the applicant cancels the work prior to completion, Applicant shall pay AT &T for all costs AT &T has incurred before being notified in writing to cease work. ACCEPTED FOR CUSTOMER: By: Printed Name: Title: Date signed: ACCE�PTJ�ED FOR AT &T: Printed Name: JEFFREY R. Fn/321UtFL Title: N1 PrNR6 fclZ — ffN(�I1J(£�2 Date signed: 1-9-09 S`r5 k FILED ! 0 4 2008 TOM IIAIARZBEhRDER DEPf7rY LITY OF NEWPORT BC.CCH POSTED 3300 Newport Boulevard - P.O. Box 1768 MAR 0.4 M Newport Beach, CA 92658 -8915 � (949) 644 -3311 rOMDAty c 8 �LfRKftoppER NOTICE OF EXEMPTION To: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange ❑X Public Services Division P.O. Box 238 From: City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR: Name of Project: Assessment District No. 101 Project Location: Balboa Boulevard, Newport Beach, CA Specific: generally includes the properties East of Buena Vista, South of East Edgewater Avenue, West of Adams Street, and North of Balboa Blvd, excluding certain properties located on Island Avenue that are included within Underground Utility Assessment District No. 74. Project Location-City Newport Beach Project Location - County: Orange Project Description: The project consists of an assessment district to underground existing overhead utilities. Recorded in Official Records, Orange County' Tom Daly, III I' Exempt Status: (check one) ��I���I�I���I���I��i� III NO FEE ❑ Ministerial (Sec. 21080(b)(1);15268); 20088500020710:13am 03104/08 ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); 190 267 z01 ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); -o.00 o.00 o.00 o.00 o.00 o.00 o.00 o.00 0 Categorical Exemption. State type and section number. Class 2: Replacement and reconstruction; Section 15302. ❑ Statutory Exemptions. State code number: ❑ General Rule (Sec. 15061(b)(3)) Reasons why project is exempt: The Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condition prior to undergrounding does not have a significant effect on the environment. Name of Public Agency Approving Project: City of Newport Beach Date of Approval: &M'C'3yj- Name of Person or Agency Carrying Out Project: Newport Beach Public Works Department -P30o&wPor4- evglarrw✓ 6 —F&O op'nu (A, C-4 9zssV Contact Person: Peter Tauscher Title: Junior Engineer Signature: Date: f G y . F. 1USersIPBKIS�afetMSBE55Y ,ENIDA5R11LiWgf fimmanfalEmpFADf01.DOC AGREEMENT FOR LEGAL SERVICES FOR BOND COUNSEL FOR UNDERGROUND ASSESSMENT DISTRICT NO. 101 THIS AGREEMENT, dated for purposes of identification only this first day of April, 2008, is made and entered into by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and ROBERT E. HESSELL, an individual hereinafter referred to as "ATTORNEY" WITNESSETH: WHEREAS, the CITY from time to time requires the advice and assistance of bond counsel in connection with the proceedings relating to the formation of an underground utilities assessment district designated assessment district No.101 (area generally bounded by Edgewater Avenue, Adams Street, Balboa Boulevard, and Lindo Avenue), to the establishment of an underground utilities district, and to any related bond or other debt issuance by, or for the benefit of the assessment district.; and WHEREAS, the CITY has determined that ATTORNEY is qualified by training and experience to perform the services of bond counsel in conjunction with City financings, and ATTORNEY is willing to provide such services to CITY; and WHEREAS, the CITY and the ATTORNEY desire to enter into this Agreement upon the terms hereinafter set forth. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. DUTIES OF ATTORNEY ATTORNEY shall (a) when engaged as bond counsel for underground utilities district No.101, perform all of the services set forth in Exhibit A "Scope of Services to be Provided by Bond Counsel" and, as may be requested and authorized from time to time by the City Attorney of CITY in connection with the authorization, issuance and consummation of certain City financings, and (b) provide general legal advice to the CITY, its departments, officers and employees concerning City financings, proposed City financings and other financial matters as requested of, or assigned to, ATTORNEY by the City Attorney of CITY. Performance of services by ATTORNEY may be requested by CITY by either telephone or in writing and such request shall be confirmed in writing by ATTORNEY. CITY shall specify in reasonable detail the scope of services requested with respect to each matter on which it engages the services of ATTORNEY. CITY shall also specify how such services or advice are to be billed to CITY pursuant to Paragraph 3 hereof. Unless otherwise expressly approved by CITY, services provided to CITY by ATTORNEY pursuant to this Agreement shall be provided solely by Robert E. Hessell. CITY shall have the right to personally interview any other individual whose services ATTORNEY proposes to utilize to provide services pursuant to this Agreement and shall have the right to reject any or all such individuals until CITY is satisfied that such persons have adequate credentials and experience to perform the required services for the CITY. This Agreement for services shall be non - exclusive and CITY shall, at any time, have the absolute right to use different bond counsel or disclosure counsel for matters or City financings other than those for which ATTORNEY have been specifically engaged. 2. TERM This Agreement shall continue in full force and effect until terminated by either of the parties hereto. CITY shall have the right at any time to terminate the services of ATTORNEY with regard to any matter or City financing for which ATTORNEY has previously been engaged by CITY. In the event this Agreement, or the services of ATTORNEY with regard to a particular matter or City financing, are terminated prior to the completion of any matter or City financing upon which ATTORNEY is engaged at the time of such termination, ATTORNEY shall be reasonably compensated for all services rendered to CITY, and allowable expenses incurred by ATTORNEY as set forth in Paragraph 3.A.3 hereof, on such matter(s) or City financing(s) prior to the date of such termination of services by the CITY. 3. COMPENSATION A. Bond Counsel Services. For the services of ATTORNEY as bond counsel to the CITY as described in Exhibit A hereof, the CITY will pay ATTORNEY, and ATTORNEY agrees to accept, compensation as follows: 1. Formation of AD and Debt Issuance. If the AD is formed and bonds or similar indebtedness are issued by or for the benefit of the AD, Counsel shall be paid a fee for all services computed on the principal amount of each series of bonds or similar indebtedness issued as follows: One -half of one percent (0.5 %) of the principal amount up to $5,000,000; plus N One - quarter of one percent (0.25 %) of the principal amount from $5,000,001 to $10,000,000; plus One - eighth of one percent (0.125 %) of the principal amount from $10,000,001 to $20,000,000; plus One - sixteenth of one percent (0.0625 %) of the principal amount above $20,000,001. Notwithstanding the foregoing, the minimum fee shall be $20,000. The fee for the bonds or similar indebtedness shall be due and payable upon the occurrence of the Closing. 2. If Debt Is Not Issued. In the event that the AD is formed and debt is not issued for any reason, Counsel shall be paid a fee of $5,000 for all services rendered with respect to the formation of the AD. The fee shall be due and payable upon invoice from Counsel, which may be transmitted to the City following a determination that debt will not be issued. 3. Costs and Expenses. In addition to the foregoing, all costs and expenses reasonably incurred in connection with the proceedings to form the AD are to be billed to, and payable by, City. Costs and expenses will be billed at cost, except the expenses stated below will be billed as follows: Photocopying Mileage: Facsimile: Computer Research: Transcript Preparation: Bond Preparation: $0.10 per page IRS Rate - (unless over one -half hour and billed hourly) $0.10 per page (sending only) Cost, plus 10% (not to exceed $300) Not to exceed $90 per transcript Not to exceed $300 per series of bonds Costs and expenses incurred in connection with the proceedings to form the AD shall be due and payable at the time the fee for the services is due and payable and shall be payable solely from the proceeds of the first issuance of bonds or similar indebtedness, collections from the Assessment District, or any combination thereof. Expenses incurred in connection with the issuance of bonds or similar indebtedness shall be due and payable at the time of the Closing of the issue for which such expenses were incurred and shall be payable from the proceeds of the issue. 3 4. RESPONSIBILITIES OF THE CITY The CITY shall cooperate with ATTORNEY and shall furnish ATTORNEY with certified copies of all proceedings taken by the CITY, or other documents or information deemed necessary by ATTORNEY to perform these services hereunder. All costs and expenses incurred incidental to the actual issuance and delivery of the financing instruments, including the cost and expense of preparing certified copies of proceedings required by ATTORNEY in connection with the issuance of the financing instruments, the cost of preparing the financing instruments for execution and delivery, all printing costs and publication costs, and any other expenses incurred in connection with the issuance of the financing instruments, shall be paid by the CITY. 5. INDEMNIFICATION HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement or Consultant's activities (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4 6. INSURANCE Without limiting Consultant's indemnification of City; and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less 5 than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for 0 each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 7. CONFLICTS OF INTEREST It is recognized that ATTORNEY may have clients who may, from time to time, have interests adverse to CITY. ATTORNEY reserves the right to represent such clients in matters not connected with the services to be provided to CITY pursuant to this Agreement. In the event that ATTORNEY represents or proposes to represent a client who may have interests adverse to CITY, in a matter connected with the services to be provided to CITY pursuant to this Agreement. ATTORNEY shall, immediately upon discovering said possible adverse interest, provide written notice to CITY of the possible adverse interest. ATTORNEY agrees to comply with any obligations they may have pursuant to California Government Code Section 87100 et seq. 8. TERMINATION OF AGREEMENT This Agreement may be terminated by the CITY at any time, with or without cause, by giving written notice to ATTORNEY. In the event of termination, all finished and unfinished documents, exhibits, data, reports, 7 and evidence shall, at the option of CITY, becomes its property and shall be delivered to it by ATTORNEY. 9. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. Upon approval of this Agreement by the City Council, all prior Agreements between the Parties shall be rescinded. 10. ASSIGNMENT Neither ATTORNEY nor CITY may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other party. 11. GOVERNING LAW: SEVERABILITY This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be and shall be deemed severable. The parties shall agree, if reasonably practicable, upon provisions which are equivalent from an economic point of view to replace any provision which is determined to be invalid. Any action brought relating to this agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12. COMPLIANCE WITH LAWS In the performance of this Agreement, ATTORNEY shall abide by and conform to any and all applicable laws of the United States, the State of California and the City Charter and Ordinances of CITY. 13. WAIVER No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion. 14. INDEPENDENT CONTRACTOR The performance of ATTORNEY'S services hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or 8 15. 16. 17 employee of CITY. In consideration for the compensation paid to ATTORNEY by CITY, ATTORNEY agrees that CITY shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and ATTORNEY agrees that ATTORNEY shall not sue or file a claim, petition or application therefore against CITY or any of its officers, employees, agents, representatives or sureties. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either parry by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. NO THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third parry as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. NOTICE Any notice or demand required or permitted to be given by the terms of this Agreement, or by any law or statute may be given by CITY by depositing said notice or demand in the U.S. Mail, postage prepaid, addressed to ATTORNEY at ATTORNEY'S address or any new address provided by ATTORNEY in writing to CITY. Service of said notice or demand on ATTORNEY shall be complete five (5) days after deposit of said notice or demand in the mail. Any notice or demand required or permitted by the terms of this Agreement or by any law or statute may be given by either party by either (1) personal delivery, (2) FAX transmission or (3) first -class United States Mail, postage prepaid. Notices and communication concerning this Agreement shall be delivered, faxed or mailed to the following addresses: City of Newport Beach Attn: City Attorney 3300 Newport Blvd. Newport Beach, CA 92663 Phone: (949) 644 -3131 FAX: (949) 644 -3139 0 Robert Hessell 13223 -1 Black Mountain Road Suite 310 San Diego, CA 92129 Phone: (858) 735-7228 Either party may, by notice to the other party, change the address specified above. Service of any notice or demand shall be complete when received at the designated address. 18. AUTHORITY AND EFFECTIVE DATE OF AGREEMENT ATTORNEY and ATTORNEY's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of ATTORNEY and to bind ATTORNEY hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event ATTORNEY fails to set forth a date of execution opposite the name(s) of ATTORNEY'S signator(s), ATTORNEY hereby authorizes CITY, by and through its representative, to insert the date of execution by ATTORNEY'S signator(s) as the date said Agreement, as executed by ATTORNEY, is received by CITY. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: �— �� By: City Attorney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachments: CONSULTANT: M Robert E. Hessell Exhibit A.— Scope of Services 10 Either party may, by notice to the other party, change the address specified above. Service of any notice or demand shall be complete when received at the designated address. 18. AUTHORITY AND EFFECTIVE DATE OF AGREEMENT ATTORNEY and ATTORNEY's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of ATTORNEY and to bind ATTORNEY hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event ATTORNEY fails to set forth a date of execution opposite the name(s) of ATTORNEY'S signator(s), ATTORNEY hereby authorizes CITY, by and through its representative, to insert the date of execution by ATTORNEY'S signator(s) as the date said Agreement, as executed by ATTORNEY, is received by CITY. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: A C11, (� - ff By: City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachments: Mayor for the City of Newport Beach CONSULTANT: Robert E. Hessell Exhibit A.— Scope of Services 10 EXHIBIT A Bond Counsel Services Scope of Services Legal services to be provided by Counsel shall include: (a) attending negotiation sessions and otherwise assisting City staff in the negotiation with utility companies; (b) preparing all resolutions, notices, agreements, bonds, and other papers and documents required in the proceedings; (c) examining the proceedings related to the formation of the AD (d) appearing at all hearings under the proceedings, and attending any other meeting where attendance is requested by the City; (e) reviewing and examining the map showing the boundaries of the AD; (f) reviewing the method and formula utilized by the Assessment Engineer for the apportionment of the special assessment; (g) reviewing the "Report" of the Assessment Engineer; (h) participating with the City's financing team to determine the structure of any bond or similar debt issuance; (i) assisting in the review of those sections of the official statement, if any, to be disseminated in connection with the issuance of any series of bonds related to authority and security for the bonds, tax - exemption, legal opinion, litigation, summary of bond indenture, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of any bonds or similar indebtedness; Q) preparing or reviewing any continuing disclosure agreement required under SEC Rule 15c2 -12; (k) consulting with any underwriter, rating agency and credit enhancement provider, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (1) consulting with any trustee, fiscal agent or paying agent, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (m) assisting in any ballot proceedings; (n) subject to the completion of the proceedings to Counsel's satisfaction, issuing an approving legal opinion attesting to the validity of the proceedings and the issuance of bonds or similar indebtedness, which legal opinion will be addressed to the City and will be delivered by Counsel on the date the bonds are exchanged for their purchase price (the "Closing "); (o) providing any necessary supplemental legal opinions as to the applicability of the registration requirements of federal securities laws and other matters related to the issuance of bonds or similar indebtedness; provided, however, such opinions do not include the rendering of a 10(b)5 opinion regarding any official statement or similar document; (p) providing advice and instruction to the City and its staff in connection with any of the foregoing. 11 CITY OF NEWPORT BEACH ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 INTENT MEETING: April 8, 2008 PUBLIC HEARING: May 27, 2008 �. =. e13a44.1 aglow Mun!Financial Corporate Office 27368 Via ludu nia Suite 110 Temea la, CA 92590 Tel: (951) 587 -3500 Tel: (900) 755 -MUNI (6664) F= (951) 5873510 Regional Off ces Anaheim. CA Industry, CA jacksonvinc, FL Lancastcr, CA Qakland, CA Phoma, AZ San Diego, CA Seattle, WA Washington, DC ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH TABLE OF CONTENTS CERTIFICATIONS ENGINEER'S REPORT ... ... ................................... _.. .............................. .. ........... _... ........ I... ii GENERAL DESCRIPTION OF ASSESSMENT DISTRICT NO. 101 ................................... ..............................1 DESCRIPTIONOF WORK ............ .. ............ .. .................................. .. ...... _. ....... ....................................... ....... 1 EXHIBIT A - PLANS AND SPECIFICATIONS ...... ....... ... .................................. .... ........................ ...... ...... ...A EXHIBIT B - COST ESTIMATE ...... ._ ............................................... ............. .. .................... . .. ............. ............ B EXHIBIT C - DEBT LIMIT REPORT ................................ _ ..................... .. ........................... . . .... ». ........ ..............0 EXHIBIT D - METHOD OF ASSESSMENT ... .. ..... » .......... .. ................................. .. .......................... ............ ........ D EXHIBITE - ASSESMENT ROLL._ ........................................................................................ ............................... E EXHIBIT F - ASSESSEMENT DIAGRAM ...... ...... ................................................................. ............................... F EXHIBIT G - MAXIMUM ANNUAL ADMINISTRATIVE COST ..... _ ............. .......... ........... ............... .........G EXHIBIT H - RIGHT -OF -WAY AND EASEMENTS .................. .. ...................................... .. ........... .. ........... ........H EXHIBIT 1 - PUBLIC PROPERTIES ...... .. ....... ..... ....................... . ....... _ ...... .......... ...... ............ ...... .................. 1 MunlPinanclal City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH The undersigned respectfully submits the enclosed report as directed by the City Council. 2008. Willdan Assessment Engineer I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was filed with me on the day of .2009. Clerk of the City Council, City of Newport Beach, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, received Preliminary approval by the City Council for the City of Newport Beach, California, on the day of , 2008. Clerk of the City Council, City of Newport Beach, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the .assessment and Assessment Diagram thereto attached, received Final approval and confirmation by the City Council for the City of Newport Beach, California, on the day of 2008. CIerk of the City Council, City of Newport Beach, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was recorded in my office on the day of . 2008. Superintendent of Streets City of Newport Beach, California MvniFinancial City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH Willdan/Munihinancial, Assessment Engineer of work for Assessment District No. 101 (the "District', writes this report, as prescribed by the City Council of the City of Newport Beach in accordance with the Resolution of Intention, and pursuant to the terms and provisions of Article X111D of the State Constitution, Part 7.5 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, which is Division 4 of the Streets and Highways Code of the State of California, the Municipal Improvement Act of 1913, which is Division 12 of the Streets and Highways Code of the State of California, Chapter 28 of the Improvement Act of 1911, and Chapter 15.32 of the Code of Ordinances of the City of Newport Beach. The improvements, which are the subject of this report, are briefly described as follows: GENERAL DESCRIPTION OF ASSESSMENT DISTRICT NO. 101 Assessment District No. 101 generally includes the properties East of Buena Vista, South of Fast Edgewater Avenue, West of Adams Street, and North of Balboa Blvd, excluding certain properties located on Island Avenue that are included within Assessment District No. 74. The District is made up of three hundred fifty-four (354) assessable parcels, of which 78 are condominiurns, 2 are non - residential, and the remaining 274 are either single - family residential or multi- family residential. DESCRIPTION OF WORK The following is a description of the planned improvements for the entire district UndcW,xgmnding of Overhead Utility 1 ine The undergrounding of overhead utility lines within the boundaries of the District includes trenching, installing the newutilityvaults needed to receive the conduits and transformers, laying the conduit lines into the trenches, re- paving the street, switching service to the underground system and removing the existing overhead poles and wires. This includes power lines owned by Southern California Edison, phone lines owned by AT &T, and cable television and fiber optic lines owned by Time Warner Communications. The proposed underground electric and communication improvements must be constructed within public right- of-way, land, or easements owned by the City of Newport Beach or the serving utility. � llS�J2SJ 1445'L�11F7 The public improvement portion of the undergrounding of utilities will terminate at a service lateral located at the front, rear, or side of each property to be served in the District. Each individual property owner will be responsible for all necessary work to connect facilities from the service lateral to the connection point at the house, including but not limited to, trenching, backfiiling, installation of conduits and conductors, and conversion panels. MunlFinancial n City of Newport Beach The estimated time of completion of the undergrounding of the utilities is 9 months after the sale of bonds. Property owners will need to complete all necessary work to access their utilities through undergrounded transmission within 120 days of the completion of the undergrounded facilities. Pursuant to Section 15.32 of the Municipal Code of the City of Newport Beach, if there are any remaining utility services accessed through overhead facilities after the timeframes specified above, the City Council may direct the public utilities to discontinue services to such properties. Once all utility services have been converted to underground or discontinued, the overhead facilities may be removed from the public rights -of -way. BONDS Bonds representing unpaid assessments, and beating interest at a rate not -to -exceed twelve- percent (12- percent) per annum, shall be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not -to- exceed thirty-nine (39) years from the second day of September next succeeding twelve (12) months from the bond issuance date. This report includes the following attached exhibits: 1~XHIBIT A - Plans and specifications for improvements to be constructed. Plans and specifications are a part of this report, separately bound, and are on file at the Office of the Superintendent of Streets of the City of Newport. EXHIBIT B - An estimate of the cost of the improvements. EXHIBIT -A debt limitation report showing the following: The total amount of Prior Assessment liens, as near as may be determined, and 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 this Assessment District No. 101, against the total area proposed to be assessed. 2. The total true value, as near as may be determined, of the parcels of land and the improvements that are proposed to be assessed by this District. EXHIBIT D - A statement of the method by which the Assessment Engineer determined the amount to be assessed against each parcel based on the special benefits to be derived by each parcel, respectively, from the improvements. EXHIBIT F. -An assessment roll, showing the amount to be assessed against each parcel of real property within this Assessment District No. 101. Each parcel is identified by an Assessor's Parcel Number. Each parcel is also assigned an "assessment number" for the purposes of this proceeding. EXHIBIT F -Boundary Map and Assessment Diagram showing all of the parcels of real property within this Assessment District No. 101. EXHIBIT G - Proposed maximum annual administrative cost per parcel. EXHIBIT H - Rights -of- -way Certificate. EXHIBIT I - A schedule showing the public property that will be included within the District. EXHIBIT I — Certificate of Completion of Environmental Proceedings. Muniiinanciai 1) City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT A- PLANS AND SPECIFICATIONS The plans and specifications for the improvements for this District are voluminous and will not be bound to this Report, but by this reference are incorporated as if attached to this Report. The plans and specifications are on file in the Office of the Superintendent of Streets of the City of Newport Beach. The plans and specifications for this District consist of utility undergrounding plans, Public Works encroachment permit, paving requirements, and special provisions. MunlFlnaneial Exhibit A - Page 1 City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT B - COST ESTIMATE CONSTRUCTION COSTS Preliminary 'relel.hrme Cwmstmetinn Cost $22,745 AT &T Civil Constrvctirm $1,138,206 Ctmtingency(- 10°•'.) $113,821 AT &T llmg a Enginecrng $57500 Financial .Advisor Subtotal $1,309527 Electrical Construction Crut $22,745 SCE Civil Construction $2,525,210 Contingency (- 10°.0) $252521 SCE Design Engineering $40,000 Financial .Advisor Suba>tak $2,817,731 Street Rehabilitation $19,000 Total Construction Cost: $4,146,258 INCIDENTAL EXPENSES Assessment Engineering, $22,745 Contract Inspection $74,000 Disclosure Counsel $30,000 C iy Admiristratim $46,000 Financial .Advisor $25,000 Filing Fees $3,000 Bond Counsel $35,000 Paying Agent 53 A00 Financial Printing, Registration, and Servicing $18,000 Cfmtinui ag Disclosure $3 PDO Incidental Contingencies $25,675 Total Incidental Expenses: $285,420 Total Construction & Incidental Expenses: $4,431,677 FINANCING COSTS Underwriter's Discount Capitalized Interest (1 month) Bond Reserve /Credit Ertbancement 2.00% $98,028 7.00% $28591 7.00% $343,098 Total Financial Costs: $469,716 TOTAL AMOUNT OF ASSESSMENT: $4,901,394 Final Munipinanciai Exhibit B - Page 1 City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT C - DEBT LIMITATION REPORT After reasonable search, we are not aware of any prior assessment liens on the properties located within Assessment District No_ 101. The total of the assessment liens for the Assessment District No. 101 is equal to $4,901,394. "True Value" as used herein is the estimated full cash value of the parcels as shown upon the last equalized assessment roll of the county. Alternatively, total true value may be determined by other reasonable means, including, but not limited to, by adjusting the value shown on the last equalized assessment roll to correct for deviations from market value due to Article XIIIA of the California Constitution. The gross property valuation (based on the 2007/08 County of Orange Secured Property Tax Roll) for properties located within Assessment District No. 101 totals $217,794,774. CERTIFICATION OF ASSESSMENT ENGINEER 1, the undersigned Assessment Engineer, do hereby certify that the total amount of the principal sum of the assessments proposed to be levied for the District, together with the principal amount of all other assessments levied or proposed to be levied on the properties within the District, as set forth above, does not exceed one-half (1/2) of the total true value of the parcels proposed to be assessed for the District. I further certify that the proposed assessment upon any parcel does not exceed one-half (1 /2) of the true value of the parcel Willdan /MuniFinan cial � rd� 'Assessment Engineer Ken Steele, P.E. MunlFlneneial Exhibit C • Page i City of Newport Beach 1 048 -031 -10 $2,294,373 $14,037 163: 1 2 048 -031 -12 $1.510,761 $14037 108:1 3 048 -031 -14 $1,057,907 $17,698 60:1 4 048 -031 -16 $2,633834 S17,608 150:1 5 048- 031 -18 $2.078,749 $14037 148:1 6 048 -031 -20 $1,598,485 $14,037 114: 1 7 068 -031 -22 $2,222,421 $14,037 158: 1 8 048 -031 -24 $1,758,809 $28,074 63.1 9 048 -031 -26 5458,628 $14,037 33:1 10 048-031 -28 $3197,657 $14,037 228:1 11 048 -031 -34 $1260653 $11,513 110:1 12 048.031 -36 $6118,554 $19332 316:1 13 048-031 -38 $2,443,225 $20059 122:1 14 048 -031-40 $274,407 $17,003 16:1 15 048 -032 -02 580,313 $17,812 5:1 16 048-032 -03 $161,194 $18531 9:1 17 048 -032-04 $52,047 $14.037 4:1 18 048- 032 -05 5482,079 $14,037 341 19 048 -032 -06 $1 628 954 $14,037 116: 1 20 048 -032 -07 $70,769 $17,003 4:1 21 048- 032 -08 $483.960 $14,037 33-1 22 048 -032 -09 $75.308 $17,003 4:1 23 048-032 -10 $292142 $17,003 17:1 24 048 -032 -11 $71455 $17,542 4:1 25 048 -032 -12 S36,958 $14,037 3: 1 26 048- 032 -13 $520.289 $14,037 37:1 27 048- 032 -14 $1064 $0 NA 28 048- 051 -01 $1333,826 $11513 116:1 29 048- 051 -02 $147,944 $11,513 13:1 30 048-051 -23 $659.420 $11,513 57:1 31 048- 051 -24 $60,155 $11.513 5:1 32 048-051 -25 $324,974 $11,513 28:1 33 048- 051 -26 1 $674,681 $11513 59:1 34 048 -051 -27 $553,002 $11,513 48:1 35 048 -051 -28 $299,225 $11.513 26:1 36 048-051 -29 $859409 $11513 75:1 37 048-051 -31 $105.533 $11 513 9' 1 38 048-051 -32 $689,413 $11,513 60 • 1 39 048-051 -33 $1,085,524 $11513 94:1 40 048 -052-04 S886,754 $14,037 63:1 41 048-052 -05 $547471 $23.025 24:1 42 048 -052 -06 $237,580 $14.037 17:1 43 048 -052 -07 $923460 $14,037 66:1 44 048-052 -08 $159363 $14037 11:1 45 046-052 -09 564.064 $15475 4:1 46 048- 052 -10 $116.838 $17.722 7:1 MunlFinanclal Exhibit C - Page 2 City of Newport Beach 47M 048 -052 -11 $124535 $14,037 9:1 48 048 -052 -12 S87,885 $14.037 6 : 1 49 04&052 -13 559.077 $14,037 4.1 50 048 -052 -35 $66,388 $14,037 5. t 51 048- 052 -36 $282.959 $14,037 20: 1 52 048-061 -Ot $811.790 $16,905 48:1 53 048-061 -03 $200 553 $15,377 13: 1 54 048-061-04 $95,260 $15377 1 6:1 55 048-061 -05 $1434,339 $15377 93:1 56 048-061 -06 $664,986 $15,377 56 : 1 57 048-061 -07 $67,335 $15377 4:1 58 048-061 -08 $90,654 $15.377 6:1 59 048-061 -09 $1.810500 $15377 118:1 60 048-061 -10 $59,687 $15377 4:1 61 048-061 -11 $297,471 $15,377 19:1 62 048-061 -12 $762518 $14119 54:1 63 048-061 -13 $358095 $12,771 28:1 64 048-061 -14 582,678 811,513 7:1 65 048 - 061 -15 $620,829 $14,037 44:1 66 048- 061 -16 5410701 $14037 29:1 67 04 &061 -17 $141,864 $11.513 12:1 68 048- 061 -18 51,048.961 515.377 68:1 69 048- 061 -19 $296,789 $21349 14:1 70 04 8-062 -01 $1,641,123 516.007 103:1 71 048- 062 -02 $919,394 St8,531 50:1 72 048- 062 -03 $354,937 514,037 25: 1 73 048- 062 -04 $219489 $14037 16:1 74 048- 062 -05 $547753 $14037 39:1 75 04&062 -06 1 $116.824 $14.037 8:1 76 048-062 -07 $606.451 $14,037 43: t 77 048-062-08 $68607 $14,037 511 78 04&062 -09 $952,162 $14,037 68:1 79 048-062 -10 $590.462 $14.037 42:1 80 O48- 062 -11 $259,984 $14,037 19:1 81 048- 062 -12 $228,733 $14037 16:1 82 048- 062 -14 $685223 576104 41:1 83 048-062 -15 $635450 $14037 45 1 84 048-062 -16 $285,729 514037 20:1 85 048-062 -17 $214877 512.322 17:1 86 048- 062 -18 $511078 $11,782 43:1 67 048- 062 -t9 $83 156 $14,037 6 :1 88 048-062 -20 $616179 $14,037 44:1 89 048062 -21 1 $1,196,460 $14,037 85:1 90 048062 -22 $61576 $14037 4:1 91 048-062 -23 $1,550000 $14037 110:1 92 048- 062 -24 $864,316 $14,037 63:1 93 048- 062 -25 $687,996 $14,037 49:1 94 048- 062 -26 $1,144,440 $14,037 1 82:1 MunlFlnanclal Exhibit C - Page 3 City of Newport Beach 95 048- 062 -27 $75,983 $14,037 5:1 96 048-062 -28 $1,229027 514037 88:1 97 048- 062 -29 563,753 $14.037 5: 1 98 048- 062 -30 $739.690 S14.037 53:1 99 048- 062 -31 $206,492 $14,037 15:1 100 048- 082 -32 559,546 $14,037 4 : 1 101 048- 062 -33 $248,204 $14,037 18 : 1 102 048- 072 -02 $159,961 $30868 5:1 103 048 -072 -03 $665,317 $19,086 35:1 104 048- 072 -04 W2,379 $19.086 23 :1 105 048 -072 -05 $334,757 M,086 18: 1 106 048- 072 -06 $59,416 319.086 3:1 107 048- 072 -07 $290,943 $19086 15:1 108 048 -072 -08 $560,192 S19.086 29:1 109 046-072 -09 $188,939 $19,086 10:1 110 048 -072 -10 $683,260 $19,086 36:1 111 048 -072 -13 $157204 $14,487 11 :1 112 048 -072 -14 $540,508 $14.037 39:1 113 048-072 -15 365364 $14,037 5:1 114 04&072 -16 Si 071 000 $14,037 76:1 115 648- 072 -17 5453691 $14037 32:1 116 048. 072 -18 $315,888 $14,037 23:1 117 048- 072 -19 558402 $14,037 4:1 118 048 -072 -20 $350,166 $14037 25:1 119 048 - 072 -22 5567,548 $23.431 24:1 120 048- 072 -23 S89,308 $24,688 4:1 121 048- 072 -24 S1,012,085 $121.647 6: 1 122 048- 072 -25 $783,738 $14,037 56:1 123 046- 072 -26 $843,195 $14,037 1 60:1 124 04& 072 -27 $168,975 $14,037 12 : 1 125 04 8-091 -01 1 $539.175 $19.805 27:1 126 048 -091 -02 $186,577 $19,985 9:1 127 048- 091.03 $76,789 $20,345 4:1 128 048- 091-04 $68,851 $20,345 3:1 129 048-091 -05 $77,671 $20,345 4'1 130 048- 091.06 $92.079 $20,345 5 : 1 131 048-091.07 $539,261 520345 27:1 132 048.091-08 $79,753 $20,345 4: 1 133 648- 091 -09 $506.366 $20,345 25: 1 134 648- 091 -10 $601,860 $20,345 30:1 135 048- 091 -12 $817,946 $15,295 53:1 136 648-091 -14 $1,008,147 $15,295 66:1 137 048 -091 -15 $955087 $15.295 62:1 138 048- 091 -16 $329219 $15295 22:1 139 048- 091 -17 $771647 $15295 50:1 140 048-091 -19 $587,933 $15,295 38:1 141 648- 091 -20 5497,235 $15295 33:1 142 048- 091 -21 1 $1,507674 $15295 99:1 MunlFinancial Exhibit C - Page 4 City of Newport Beach 143 048-091 -22 $1,507,874 $15295 99:1 144 048-091 -23 $1507674 815295 99:1 145 D4 8-092 -01 S56,903 520.345 3 : 1 146 048-092 -02 $119,264 520,345 6:1 147 048-092 -03 $119,264 $20,345 6:1 148 048- 092 -D4 $62.521 S20.345 3:1 149 048- 092 -05 $340443 $20,345 17:1 150 048-092 -06 $59,886 1 $20.345 3:1 151 048- 092 -07 5394.885 $20,345 19:1 152 048-092 -08 $171272 $47.511 4:1 153 048- 092 -11 $105.669 $15295 7:1 154 048- 092 -12 $124,612 $30.681 a :1 155 048 - 092-14 S318,613 $15295 21:1 156 048- 092 -15 $79,092 $15,295 5:1 157 048. 092 -17 $111,214 $32.713 3 : 1 158 048-092 -18 $157613 $17093 9:1 159 048- 092 -19 $85,994 $18,390 5:1 160 048 -092 -20 $854,766 $17,222 50:1 161 048- 092 -21 5748342 $13,310 11 :1 162 048- 092 -23 $94919 $12,142 8:1 163 048- 092 -24 $401,513 $15,018 27:1 164 048- 092 -25 1 51,162,022 $15295 76:1 165 048 - 092 -26 $451,743 1 $15,295 30:1 166 048- 092 -27 $629,827 515195 41:1 167 04&092 -28 $339,772 $15295 22:1 168 048- 101 -02 $1,743,621 $14,307 122:1 169 048- 101 -D4 $1252199 $13939 90:1 170 048- 101 -06 5144,559 $14,666 10:1 171 048-101 -07 $84,699 $140A 6:1 172 048-101 -08 $273,516 $14,666 19:1 173 048- 101-09 $908,055 $14.666 62:1 174 D48- 101 -10 583,556 $14,666 6:1 175 04&101 -11 5803178 $14,666 55:1 176 048- 101 -12 S814917 $14,666 56'1 177 048- 101 -13 $389002 $14666 27:1 176 048-101 -14 $57,246 $19,715 3:1 179 D4 8.101-75 $250448 W1,366 12:1 180 D48- 101 -16 $303,214 $27,878 11:1 181 048-101 -17 $1,814,665 $23.915 78:1 182 048-101 -18 $711,545 $14,037 51 : 1 183 048- 101 -19 $555.882 $14,666 39:1 184 048- 102 -02 S4,500 DD0 516,644 270: 1 185 048,-102-04 $281,640 $12661 22:1 186 048-102-06 $181891 $13041 14:1 187 048- 102 -08 51383985 $11513 120:1 188 048-102 -10 $158,153 514037 11:1 189 04 &102 -11 $2as.729 $14!37 20:1 190 048- 702 -12 $134,067 $14,037 10:1 MuniFinanclal Exhibit C - Page 5 City of Newport Beach 191 048-102 -13 $65.972 $14037 5:1 192 048- 1D2 -14 $719,627 $14,037 51. 1 193 048- iD2 -15 560.089 $14,037 4:1 194 048- 1D2 -16 5458,874 $14037 33:1 195 048- 1D2 -17 $67,457 $14.037 5:1 196 048- iD2 -18 $1,660,969 $14037 118:1 197 048- iD2 -19 569,356 $14,037 5:1 198 048- iD2 -20 $1.861,500 $14,037 133:1 199 048- 102 -21 $287,340 $14,037 20:1 200 048-102 -22 $53189 $11,513 5:1 201 048 - 102 -23 $482,903 $13,041 37:1 202 048-102 -24 $671,642 $11513 58:1 203 048- 102 -25 $955,087 $14,037 68 : 1 204 048 - 102 -26 $45,758 $14,037 3: 1 205 048-102 -28 1 $737,895 574,037 53:1 206 048- 102 -29 $1,825,000 $14,037 130:1 207 048-102 -30 5912,012 $14,037 65:1 208 048-102 -31 $1,167,328 $14037 83:1 209 048- 102 -32 $93,D92 S14037 7 : 1 210 048 - 102 -33 5417,334 S14,037 30 :1 211 048- 102 -34 $700,782 $14,037 50:1 212 048- 102 -35 $631,657 $14,037 45:1 213 048- 102 -36 1 $1,019941 $14,037 73:1 214 048. 103 -02 $4.590,000 518,891 243: 1 215 048 - 10304 $1.682.192 $17,632 95:1 216 048 -10306 $1285823 $19,013 68:1 217 048 -10308 $2.661.509 $14936 178:1 218 048 -10310 $352.989 $14,037 25:1 219 048 -10311 $78,758 $14,037 6:1 220 048 -10312 $732.703 $11,513 64:1 221 048- 10313 $655,907 $11513 57:1 222 048-10314 5644,108 $11.513 47:1 223 048 -10315 $642423 $11.513 56:1 224 048 -10316 557,564 $11.513 5:1 225 048 -10317 $309,866 $11,513 27:1 226 048 -10318 1 $545365 $11513 47:1 227 048-10319 $87492 $11,513 8:1 228 048- 10320 $62,864 $13,041 5:1 229 048 -10321 $68,OD3 $14,037 5:1 230 046 -10322 $1,524,529 $14,037 109:1 231 048 -10323 $596,535 $14,D37 42:1 232 048 -10324 $392.864 $11,513 34:1 233 048 -10326 $526.&8 $11,513 46:1 234 1 048 -10327 $568648 $11,513 49:1 235 048 -10328 $1491D2 $14037 11:1 236 048- 103-29 51,309,050 $11513 114:1 237 048 -10330 $612,555 lllzLl3 53:1 238 048- 104-02 $104,224 $15.206 7 1 MunlFinancial Exhibit C - Page 6 City of Newport Beach 02319M 04&704 -03 5536,385 $14.037 38:1 240 048- 104-07 587.219 S20.769 4 : 1 241 o4a104 -09 so $0 NA 242 048-10410 $549,641 571,513 48:1 243 048 -10411 5497,473 $11,513 43:1 244 04 &704 -13 $0 s0 NA 245 048 -111 -02 S184,405 578,981 10:1 246 1 048 -111 -03 $1,775,359 $18891 94:1 247 048- 111-04 $1,294,012 $18,801 69:1 248 048 -111 -05 $145343 $18711 8:1 249 048- 111 -06 5720131 $18531 39:1 250 048-111 -07 $157,945 $18441 9:1 251 D48- 111 -10 $2,653,020 $18082 147:1 252 048- 111 -12 $875,496 514037 62:1 253 048 - 111 -13 S58,743 515385 4:1 254 048-111 -14 1 $478,301 $14846 32:1 255 048. 111 -15 $339,426 $15,026 23:1 256 D48- 111 -16 558,403 $20165 3:1 257 D48- 111 -21 $215.700 $19.070 11:1 258 048. 177 -22 5305169 538.066 8:1 259 048- 111 -25 $0 s0 NA 260 048- 111 -26 $729,981 $14307 51:1 261 048- 111 -27 $1.056,100 $14,397 73:1 262 D48- 111 -28 1 $684,524 $14127 46:1 263 048. 111 -29 $2.621,473 $18,172 144:1 264 048 - 111 -31 $2,702,560 $18,282 148'1 265 048. 117 -32 $2,529,586 $18,351 138:1 266 048113 -01 $659,989 $14 037 47 : 1 267 048- 113.02 $55695 $14,307 4:1 268 048113 -03 $1264800 $14,307 88:1 269 D48113 -04 $82,834 $14,307 6 : 1 270 048-113.13 50 s0 NA 271 04811401 $704,995 $57.551 12:1 272 $61,241 $14936 4:1 273 $307,9B9 $14936 21 : 1 274 $344060 $14,936 23:1 275 N048-114-06 1,300,500 $14,936 87:1 276 $61,448 $14,936 4' 1 277 $1529388 $14,666 104:1 278 $1,167,328 $15,475 75:1 279 04811411 $1350,000 $16,284 83:1 280 04811412 $626,858 $17,093 37:1 281 048 -11415 $923.484 $25,606 36:1 282 04811416 $0 so NA 283 932 -940.01 S349,380 $3 888 90 : 1 284 932 - 94002 $879,318 53888 159:1 285 932 -94003 $226,438 $3 BBB 56: 1 286 932 -94004 $587,826 53,888 151:1 MuniFinancial Exhibit C - Page 7 City of Newport Beach 287 932 -940.05 $673138 53,888 173:1 288 932 - 940-08 $75,290 53 888 19 : 1 289 932- 940-07 $567,746 53,888 146:1 290 932 - 940-08 $122,105 53,888 31:1 291 932 - 940-09 $113,519 $3,888 29:1 292 932 - 940-10 5431,047 $3,886 111:1 293 932- 940-11 $192,164 53888 49:1 294 932- 940-12 1 $130,630 53,888 34:1 295 932 - 940-13 $113,522 53,888 29'l 296 932 - 940-14 $206781 $3,888 1 53:1 297 932- 940 -15 $432407 $3,688 111:1 298 932 - 940-16 $239,822 S3.888 62: 1 299 932 - 940-17 5393,641 $3,888 101:1 300 932 - 940-18 $749,088 $3,888 193:1 301 932- 940-19 $378,569 $3.888 97:1 302 932- 940 -20 1 5403,881 $3,888 164:1 303 932 - 940-21 $120,823 $3888 31:1 304 932- 940-22 5822,436 $3.888 212:1 305 932 - 940-23 $225.846 $3888 58:1 306 932 - 940-24 $437.812 S3,888 113:1 307 932 - 940 -25 $442,857 $3,888 114:1 308 932 - 940-26 S745,736 $3.888 192: 1 309 932- 940-27 $192,345 $3.888 49:1 310 932 - 940-28 $107568 $3,888 28:1 311 932 - 940 -29 $432,406 53,888 111:1 312 932 - 940-30 $102427 $3,888 26:1 313 932 - 940-31 S138,609 $3,888 36:1 314 932- 940-32 $122,509 S3108 32: 1 315 932 - 940-33 $133,672 $3,888 34:1 316 932 - 940 -34 5429 884 $3 888 111:1 317 932- 940-35 $221,385 $3,888 57:1 318 932 - 940 -36 $452,899 $3,888 116:1 319 932 - 940.37 $1,642,646 $3888 268.1 320 932- 940.38 $864.814 $3.888 222:1 321 932 - 940-39 $124,536 $3888 32:1 322 932 -940.40 $98845 $3888 25:1 323 932- 940-41 $288354 $3888 74:1 324 932 -94612 $122,646 $3.888 32:1 325 932 - 940-43 $481817 $3,888 124:1 326 932- 94044 $864,826 $3.888 171:1 327 932 - 94045 $460,029 $3,888 118:1 328 932 -94046 $202,176 $3886 52:1 329 932940-47 $1,350,000 $3,888 347:1 330 932 -94048 S395,778 $3.688 1 D2 : 1 331 932 -940-49 $357,541 $3,888 92:1 332 932 -94062 $1.260,DD0 55.104 247:1 333 932 -94063 $631,000 $5,104 163:1 334 932 -94064 $353386 55,164 69:1 MuniFinancial Exhibit C - Page 8 City of Newport Beach 335 932 -940-65 4456.568 TOUI $5.104 69 1 336 932 - 940.66 $549,072 $5104 108:1 337 932- 940-67 $378,553 $5,104 74:1 338 932- 940 -68 $448,211 $5,104 88: 1 339 932 - 940-69 $345239 $5,104 58:1 340 932 - 940 -70 $407249 $5,104 80:1 341 938 - 52001 $223335 $5,428 41:1 342 936 - 520 -02 1 $787,000 55,428 145:1 343 936-520-03 $215,045 $5428 40:1 344 938- 520-06 $327.047 $5,428 80:1 345 936 -52005 $305.101 $5,428 56:1 346 936 -52006 $256,833 $5,428 49:1 347 936 -52007 $454.025 $5,428 84:1 348 936 -52008 $322,701 $5,428 59:1 349 936- 520 -14 $325.574 $10.332 32: 1 350 936-52015 $284,839 $10332 28:1 351 936- 520 -16 $420,057 $10,332 41:1 352 936 -52017 $257,006 $10332 25:1 353 M52018 S823,476 $10,332 80:1 354 936 -52019 S291334 $10,332 28:1 355 936 -52020 $780,300 $10,332 76:1 356 936 -52021 5106,152 $10.332 10:1 357 936 -52022 S795,906 $10,332 77:1 358 936 -52023 5497,268 $10,332 48:1 359 936 -52034 5458.874 $11,884 39:1 360 936 - 52035 $458,874 $11,884 39:1 $217,794,774 $4901,394 44:1 MuniFinaneial Exhibit C - Page 9 City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT D - METHOD OF ASSESSMENT M, The law requites that assessments levied pursuant to the Municipal Improvement Act of 1913 be based on the benefit that properties receive from the Improvements. However, the law does not specify the method or formula that should be used to apportion the assessments in the Assessment District No. 101 proceedings. In addition, Articles XIIIC and XIIID of the California Constitution require that only special benefits are assessable, that no assessment may exceed the proportional special benefit received by the parcel assessed, and that publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such public owned parcels receive no special benefits from the improvements or services for which the assessment is levied. Special benefit is a particular and distinct benefit over and above general benefits conferred to the public at large on real property located within the District. General enhancement of property value does not constitute special benefit. It is necessary to identify the special benefit that the Improvements will render to the properties within the Assessment District No. 101. It is also necessary to identify and separate any portion of the Improvements, which provide a general benefit to the public atlarge from the portion of Improvements that provide a special benefit to parcels within the District. Any cost of Improvements, or portion thereof, that is considered general benefit has not been included as part of the total assessment. It has been determined from the design plans, cost estimates, and boundaries of the District that all of the Improvements, for the undergrounding of the utilities, provide a direct and special benefit to the parcels within the District and there is no measurable general benefit to the public at large. The responsibility rests with the Assessment Engineer who is appointed for the purpose of analyzing the facts and determining the method of apportionment of the assessment to the benefiting properties, based on the amount of special benefit that each parcel receives, related to the District as a whole. For these proceedings, the City has retained the firm of %Villdan /Mun iFinancial as the Assessment Engineer. The Assessment Engineer makes the recommendation for the method of apportionment at the public hearing. The final authority and action rest with the City Council after hearing all testimony and evidence presented at the public hearing and completing the tabulation of assessment ballots. Upon conclusion of the public hearing, the City Council must make the final action in deterutining that the assessment has been apportioned equitably based on the special benefit received by each parcel. Ballot tabulation will then be completed, and if less than 50 percent of ballots returned and tabulated, weighted by assessment amount, are opposed to the assessment, then there is not a majority protest and the City Council may form the District, adopt the Final Engineer's Report, and Order the Work to commence. MuniFinaneiai Exhibit D - Page 1 City of Newport Beach The District is being formed to underground the existing overhead electrical and communication facilities within the boundaries of the District. The distribution of electricity and other utilities is available to all properties in the City of Newport Beach, including all properties within this District, and is considered a general benefit. While properties within the District already receive this general benefit through the access of overhead utilities, the methods and means of distributing electricity and other utilities through the undergrounding of utilities is not considered a general benefit, but rather is a direct and special benefit to the properties within the proposed District. Since residents of all of the lots within the District drive and walk the streets that have the utilities proposed for undergrounding, the owners of these lots receive all of the direct and special benefits of the improvements. There is no measurable general benefit since the primary function of the affected streets is to provide access for the residents within the District, and not to the public at large. In reviewing the design plans, cost estimates, and affected properties, it has been determined that all of the Improvements for the undergrounding of utilities provide a direct and special benefit only to the parcels within the proposed District and there is no measurable general benefit to the public at large. There are several distinct direct and special benefits that will be provided to the properties within the District as a result of this work: The removal of overhead utility poles and lines provides a safety benefit in that it reduces the potcntial of hazardous conditions in the event of natural disasters. Earthquakes, severe storms with high winds, and other natural disasters can cause poles or overhead lines to fall and potentially impact property within the District, and possibly cause five electric lines to be exposed. Downed electric lines pose a potential threat of fire and potential injury due to electric shock and can restrict ingress and egress of residents and emergency services. The undergrounding of existing overhead utilities will also improve the safety of motorists that drive in the neighborhood by removing existing utility poles that could cause damage and possible injury to the occupants of the vehicle and adjacent properties, in the event of an accident involving a utility pole. The undergrounding of the overhead facilities will also improve the reliability of the utility services received by properties in the District. Parcels will specially benefit from new upgraded utility lines, cables, and appurtenant facilities related to the utility undergrounding, which will provide a higher level of reliability of the utility services, and reduce exposure to the elements that could cause potential damage and deterioration to the facilities resulting in potential interruptions in utility services. In addition to the safety and reliability benefits provided by the undergrounding of utilities, removing the overhead facilities and utility poles will eliminate a heavy concentration of electric lines and communication facilities. This will improve the overall neighborhood aesthetics for all properties within the District. MunlFinaneial Exhibit D - Page 2 Cfty of Newport Beach The method of assessment is determined by an analysis of the benefit a property receives from the proposed undergrounding of the existing overhead utilities. There ate three categories of special benefit that properties widen the District receive as a result of the undergrounding of overhead utilities. These three categories of benefit include: I) the overall improved safety of the District, 2) improved reliability of utility services through modernization of the utilities serving each unit, lot, and parcel of land within the District, and 3) improved neighborhood aesthetics. To assess benefits equitably it is necessary to relate each property's proportional special benefits to the special benefits of all other properties within the District. The method of apportionment established for most districts formed under the Municipal Improvement Act of 1913 utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology that uses a single -family residence as the basic unit of assessment. Collectively, the three categories of special benefit listed above reflect the overall proportional special benefits that properties within the District will receive from the undergrounding of the overhead utilities, and the overall cost of the project will be evenly apportioned to these three categories of special benefit. Category of Special Benefit percent of Budget Budget Improved Safety 33.33% $1,633,798 Improved Reliability 33.33% $1,633,798 Im roved esthe_.tics 33.33% ;Sl,633.798 TOTAL 1000/0 $4,901,394 For each Category of Benefit, the following discussion identifies the parcels that benefit, the assignment of EBUs, and the related equations to determine a parcel's EBUs. SAFETY Condominium complexes, multi-family residences, and non - residential properties may span more linear feet of frontage along the streets that have the overhead facilities and /or utility poles proposed to be undergrounded, when compared to the typical single - family residential lot within the District. In addition, not all parcels are adjacent to overhead facilities and /or utility poles and, therefore, these parcels do not benefit at the same level as parcels that front overhead facilities along one or more sides of their property. As such, for the benefit of Safety, one equivalent benefit unit (1.0 EBU) is equal to a single -family residential lot with 30 linear feet of frontage along any side of its property that is adjacent to overhead facilities. Based on this equivalency, some properties, including certain single- family residences, have been assigned additional EBUs to reflect the total frontage that is directly adjacent to overhead facilities, including multiple sides of the property. In identifying parcels that will be assigned a Safety EBU greater than or equal to 1 EBU; overhead facilities, including utility lines and poles, along alleyways are considered to be adjacent to all properties on both sides of the alleyway that front the overhead facilities due to the narrow width of the alleyways. In addition, utility poles are considered a part of the overhead facilities and properties that front utility poles are assigned a minimum of 1 EBU. Properties that do not have any overhead facilities directly adjacent to their property along the public rights-of-way shall be assigned a minimum EBU equal to 0.5 to reflect the improved overall safety of the neighborhood that these properties specially benefit from. For each condominium complex, the EBUs calculated were evenly distributed to each condo within the complex. For single -family residences, multi- family properties, and non - residential properties, the EBUs calculated were assigned to the applicable Assessor's Parcel Number. Below is the formula to calculate a parcel's EBUs for the benefits of Safety. MuniFinancial Exhibit D - Page 3 City of Newport Beach Parcels Frontage Safety Benefit EBU Calculation 1 -30 linear feet > 30 linear feet RELIABILITY X Parcel's Frontaee 30 x Safety Parcel's EBU EBU Safety Parcel's EBU _ EBU The distribution of electricity, other utilities, and the underground wires and cables are constant for each dwelling unit. However, since there are different zone designations and multiple land use and /or potential land use types within the District, the number of units varies from parcel -to- parcel. As such, since each unit benefits from the improved reliability of underground facilities, equivalent benefit units were assigned to each parcel based on the lot size of the parcel. The current number of units within the District is not constant and may change in the future. Therefore, assigning equivalent benefits units based on the lot size of a parcel, provides a means to capture the benefit associated with the highest potential use of each parted. In assigning equivalent benefit units, one (1) EBU represents a typical parcel within the proposed District, with a lot size of 70 x 30, or 2,100 squared feet. All parcels, with a lot.size equal to or less than 2,100 square feet are assigned a minimum of 1 EBU. Parcels, with a lot size greater than 2,100 square feet, are assigned additional EBUs based on 1 EBU being equal to 2,100 square feet Below is the formula to calculate a parcel's EBUs for the benefit of Reliability. Parcels Square Footage Reliability Benefit EBU Calculation :5 2,100 Reliability 1 Parcel's sqft X EBU _ EBU > 2,100 Parcel's Safi Reliability Parcel's _ 2,100 X EBU Y EBU MuniFinanciai Exhibit D - Page 4 City of Newport Beach Removing the overhead utilities will improve the overall neighborhood aesthetics for all properties within the District by eliminating a heavy concentration of electric lines and communication facilities. However, similar to reliability, all dwelling units in the District receive a special benefit from the unproved neighborhood aesthetics. Properties will benefit from the overall beautification of the neighborhood through vehicle and pedestrian access. As such, since the current number of units within the District is not constant and may change in the future, equivalent benefit units were assigned to each parcel based on the lot size of the parcel. Assigning equivalent benefits units based on the lot size of a parcel, provides a means to captive the benefit associated with the highest potential use of each parcel. In assigning equivalent benefit units, one (1) F.BU represents a typical parcel within the proposed District, with a lot size of 70 x 30, or 2,100 squared feet. All parcels, with a lot size equal to or less than 2,100 square feet, are assigned a minimum of 1 EBU. Parcels, with a lot size greater than 2,100 square feet, are assigned additional EBUs based on 1 EBU being equal to 2,100 square feet. Below is the formula to calculate a parcel's EBUs for the benefits of Neighborhood Aesthetics. Parcels Square Footage Neighborhood Aesthetics Benefit EBU Calculation < 2,100 Aesthetics Parcels sgft 1 x EBU EBU > 2,100 Parcel's Sq[1 Aesthetics Parcels 2,100 x EBU EBU PDX" 4 WAMOMILS.10 E • Parcels 048- 051 -19, 048-051-20,048-051-21, and 048 -051 -22 were part of Assessment District 74, and therefore, are not part of this proposed District. Parcel 048- 032 -14 does not have any potential for development and is not assessed. Parcels 048 - 104 -09, 048- 104 -13, 048-111-25,048-113-13, and 048-114-16 are the land parcels for each of the condominium complexes within the District and are exempt from the assessment. Condominiums are assigned separate assessor's parcel numbers by the County and are assessed as part of this utility undergrounding. MuniFinanciai Exhibit D - Page 5 City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT E - ASSESSMENT ROLL An assessment of the total amount of the costs and expenses of the improvements upon the subdivisions of land within the Assessment District No. 101, in proportion to the estimated special benefit to be received by the subdivisions from the Improvements, is set forth upon the following Assessment Roll filed with and made pat of this Report. The Assessment Roll lists the assessor's parcel numbers within this Assessment District No. 101 by assessment number. The assessment numbers appearing on the Assessment Roll correspond with the subdivisions and parcels of land and their numbers shown on the Assessment Diagram (Exhibit F). Conclusion In conclusion, it is my opinion that the assessments for Assessment District No. 101 are allocated in accordance with the direct and special benefit that each parcel receives from the Improvements. Willda n /MuniFina ncial Assessment Engineer City of Newport Beach State of California Signed by Assessment Engineer Ken Steele, P.E. MuniFinanclal Exhibit E . Page 1 City of Newport Beach Assessme 1 048-031.10 Situs 314 BUENAVISTABLVD Frontage 30 Lot 2,100 Safety 1.00 Safety $5.049 Rellabilit 1.00 Reliability $4.494 Aesthetics 1.00 Aesthetics $4,494 Total $14,037 2 048-031.12 316 BUENAVISTABLVD 30 2.100 1.00 5,049 1.00 4.494 1.00 4,494 $14,037 3 048-031.14 319 BUENAVISTABLVD 40.00 2.555 1.33 6732 1.22 5.483 1.22 5,483 $17698 4 04&031.16 320 BUENAVISTABLVD 40.00 2.549 1.33 6,732 1.21 5.438 121 5,438 $17608 6 048- 031.18 322 BUENAVISTABLVD 30 2,100 1.00 5,049 1.00 4.494 1.00 4.494 $14,037 6 048-031 -20 324 BUENAVISTABLVD 30 2.100 1.00 5,049 1.00 4,494 1.00 4.494 $14,037 7 048- 031.22 326 BUENAVISTABLVD 30 2,100 1.00 5,049 1.00 4,494 1.00 4.494 $14,037 8 048-031.24 328 BUENAVISTABLVD 60.00 1 4,200 2.00 10,098 2.00 1 8,988 2.00 1 8,988 128,074 9 048-031.26 332 BUENAVISTABLVD 30 2,100 1.00 5.049 1.00 4,494 1.00 4.494 $14.037 10 1 048- 031.28 334 BUENAVISTABLVD 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14.037 11 048-031.34 342 BUENA VISTA BLVD 0.00 2 100 0.50 2.525 1.00 4.494 1.00 4.494 $11.513 12 048-031.36 350 BUENAVISTABLVD 0.00 3,935 0.50 2525 1.87 8.404 1.87 8404 $19332 13 048 -03138 336 BUENA VISTA BLVD 30 3,500 1.00 5,049 1.67 7,505 1.67 7,505 $20,059 14 048 -MI-40 338 BUENAVISTABLVD 30 2,800 1.00 5,049 1.33 5,977 1.33 5.977 $17.003 15 048 -032-02 301 UNDO AVE 30 2,989 1.00 5,049 1.42 6,381 1.42 6.381 $17,812 16 048032 -03 305 UNDOAVE 30 3,150 1.00 1 5,049 1,50 1 741 1.50 6.741 $18531 17 048032 -014 1 307 LINDOAVE 30 1582 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 18 048032.05 309 UNDO AVE 30 1,673 1.00 5,049 Z. 4,494 1.00 4,494 $14,037 19 048-032-06 311 L]NDO AVE 30 2,100 1.00 5,049 1.00 j 4,494 1.00 4,494 $14,037 20 048-032 -07 313 LINDO AVE 30 2.800 1.00 5.049 1.33 5,977 1.33 5,977 $17,003 21 048-032-08 315 UNDO AVE 30 2 100 1.00 5 049 1.00 4,494 1.00 4.494 $14,037 22 048-032.09 321 UNDO AVE 30 2,800 1.00 5,049 1.33 5.977 1.33 5,977 $17,003 23 048-032 -10 325 UNDO AVE 30 2.800 1.00 5,049 1.33 5.977 1.33 5,977 $17,003 24 048-032 -11 329 UNDO AVE 1 30 2,911 1.00 5.049 1.39 6.247 1.39 6,247 $17,642 25 048032 -12 331 UNDO AVE 30 1 1,093 1.00 1 5.049 1.00 4.494 1,00 4,494 $14,037 26 048. 032 -13 335 UNDO AVE 30 1,865 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 27 048 -032.14 300 LINDOAVE NA 0 0.00 0 0.00 1 0 0.00 0 $0 28 048 -051 -01 109 EDGEWATER AVE 0.00 2.100 0.50 2,525 1.00 4.494 1.00 4,494 $11513 29 048-051 -02 107 EDGEWATER AVE 0.00 2100 0.50 2.525 1.00 4,494 1.00 4.494 $11,513 30 048-051 -23 311 ANADE AVE 0.00 2.100 0.50 2.525 1.00 4,494 1.00 4,494 $11,513 31 048-051 -24 313 ANADE AVE 0.00 2,100 0.50 2,525 1.00 4,494 1.00 4,494 $11.513 MunlFinanclal Exhibit E - Page 2 City of Newport Beach nt Number 32 APN 048-051.25 Situ$ NumbCT 315 Situs Street ANADEAVE Frontage 0.00 Lot SqFi 2,100 Safety EBU 0.50 Safety Assessment 2,525 Rellabillt y ESU 1.00 Reliability Assessment 4.494 Aesthetics EBU 1.00 Aesthetics Assessment 4,694 Total Assessment $11,513 33 048- 051.26 317 ANADEAVE 0.00 2,100 0,50 2,525 1.00 6694 1.00 6,694 $11,513 34 048- 051.27 319 ANADEAVE 0,00 2100 0.50 2,525 1.00 6494 1.00 6,694 $11513 35 048-051.28 321 ANADEAVE 0.00 2,100 0.50 2,525 1.00 4,494 1.00 6,694 $11,513 36 048051.29 323 ANADEAVE 0,00 2,100 0.50 2,525 1.00 4,494 1.00 6,694 $11,513 37 048- 051.31 329 ANADEAVE 0.00 2100 0.50 2,525 1.00 4,694 1.00 6,494 $11,513 38 048- 051.32 327 ANADEAVE 0,00 2,100 0.50 2.525 1.00 4.494 1.00 4,694 $11,513 39 048-051.33 325 1 ANADE AVE 0.00 2,100 0,50 2,525 1.00 6,696 1.00 4,694 $11,513 40 048- 052-04 332 UNDO AVE 30 2,100 1,00 5049 1.00 4494 1.00 4,696 $14,037 41 048-052-05 330 UNDO AVE 30 6,200 1.00 5 049 2.00 8.968 2.00 8,988 423,025 42 048 -052-06 326 UNDO AVE 30 2,100 1.00 5,049 1.00 6,694 1.00 4,694 $16,037 43 048.052-07 324 UNDO AVE 30 2100 1.00 S.049 1.00 6,494 1.00 4,494 $16,037 44 048- 052.08 322 UNDO AVE 30 2100 1.00 5.049 1.00 4,494 1.00 6,494 $14,037 45 048-052.09 320 UNDO AVE 30 2,442 1.00 5,049 1.16 5,213 1.16 5,213 $15,675 46 048- 052.10 1 318 1 UNDO AVE 30 2,959 1,00 5,049 1A1 6.337 1.61 6,337 $17,722 47 048- 052.11 316 UNDOAVE 30 2,1 D0 1,00 5,049 1.00 4.694 1.00 6,494 $14,037 48 048- 052.12 316 UNDOAVE 30 2,1 D0 1.00 5,049 1.00 4,696 1.00 4,694 $14,037 49 048-052 -13 312 UNDOAVE 30 2,100 1,00 5.049 1.00 4.494 1.01) 1 6,694 $16037 50 048452.35 3D6 UNDOAVE 30 1,760 1.00 5,049 1.00 6,696 1.00 6,694 $16,037 51 048- 052 -36 310 UNDOAVE 30 1 2,100 1.00 1 5,049 1.00 1 6.494 1.00 6,696 $14,037 52 048 -061-01 129 EDGEWATER AVE 0.00 3,369 0,50 2,525 1.60 7,190 1.60 7,190 $16,905 53 048 -081-03 328 MONTEROAVE 0.00 3,000 0,50 2,525 1.63 6,426- 1.63 6,626 $15,377 54 048. 061-04 326 MONTERO AVE 0.00 3,000 0.50 2,525 1.63 6,426 1.63 6,626 $15,377 55 048.061-05 326 MONTERO AVE 0.00 3,000 0.50 2,525 1.43 6,426 1.43 6,626 $15,377 56 048. 061.06 322 MONTEROAVE 0,00 3,000 0,50 2,525 1A3 6,626 1.63 6,626 $15,377 57 048 -081-07 320 MONTERO AVE 0.00 3,000 0,50 2,525 1.63 6.426 1.63 6,626 $15377 58 048 -061-08 318 MONTERO AVE 0,00 3,000 0.50 2,525 1.63 6.626 1.63 6,426 $15.377 59 048 -081-09 316 MONTERO AVE 0,00 1 3,000 0,50 2,525 1.63 6,426 1.43 6.426 $15.3T7 60 048. 061.10 314 MONTEROAVE 0,00 3,000 0.50 2.525 1.63 6,426 1.63 626 $15,377 61 048- 061.11 312 MONTERO AVE 0.00 3 000 0,50 1 2,52s 1.43 6,426 1.43 6.426 $15,377 62 048-061.12 307 MEDINA WAY 0.00 2,700 0.50 2,525 1.29 1 5.797 1.29 5,797 $16119 63 048-061.13 126 E BAY AVE 0.00 2,602 0.50 2,525 1.16 5.123 1.14 5,123 $12,771 64 048- D61.14 122 E BAY AVE 0,00 1,8 8 0.50 21525 1.00 6,694 1.00 6,694 11,513 65 048. 081 -15 120 EBAY AVE 30.00 1,944 1.00 5,049 1.00 4,694 1.OD 6,494 $16,037 MuniFinancial Exhibit E - Page 3 City of Newport Beach nt Number APN 66 04&061.16 Numbor 308 Sites $tropr MONTERO AVE Fiontage 30 Lot SqFt 1,650 Safely ESU 1,00 Safety Assessment 5,049 Reliabilit y EEU 1.00 Reliability Assessment 4,494 Aesthetics ESU 1.00 Aesthelics Assessment 4,494 Total Assessment $14,037 67 04&061.17 310 MONTERO AVE 0.00 1,650 0.50 2 525 1.00 4,494 1.00 4,494 $11,513 68 048061.18 330 MONTERO AVE 0.00 3,000 0.50 2,525 1.43 6 426 1.43 6.426 $15,377 69 048.051 -19 123 EDGEWATER AVE 0.00 4,512 0.50 2,525 2.15 9662 2.15 9,662 $21111-49 70 048-062 -01 121 EDGEWATER AVE 0.00 3,150 0.50 2,525 1.50 6,741 1150 6.741 $16,007 71 048-062 -02 115 EDGEWATER AVE 30 3.150 1.00 5,049 1.50 6,741 1.50 6,741 $18,531 72 048 -062 -03 113 EDGEWATERAVE 30 2,100 1,00 5,049 1.00 4,494 1.00 4,494 $14,037 73 1 048- 062-04 111 I EDGEWATER AVE 30 1 2,100 1 1.00 5,049 1 1.00 4,494 1,00 1 4,494 $14,037 74 048 -082-05 326 ANADE AVE 30 2,100 1,00 5,049 1.00 1 4,494 1100 4.494 $14037 75 04&062.06 324 ANADE AVE 30 2,100 1,00 5,049 1.00 4,494 1.00 4,494 $14,037 76 04&062 -07 322 ANADEAVE 30 2,100 1.00 5,049 1,00 4.494 1.00 4,494 $14.037 77 048. 062 -08 320 ANADEAVE 30 2,100 1.00 5,049 1.00 4.494 1.00 4,494 $14,037 78 048 -M-09 318 ANADE AVE 30 2 100 1100 5 049 1,00 4 494 1.00 4,494 $14,037 79 048-062.10 316 ANADEAVE 30 2,100 1,00 5,049 1.00 4,494 1.00 4,494 $14,037 80 048- 062.11 1 314 ANADEAVE 30 2100 1.00 5,049 1.00 4 494 1.00 4494 $14,037 81 048- 062.12 312 ANADEAVE 1 30 2,100 1.00 5,049 1.00 4494 1.00 4,494 $14,037 82 04&062.14 306 ANADEAVE 30 2,590 1.00 5,049 1.23 5,528 1,23 5,528 $16,104 83 048-062.15 304 ANADEAVE 30 2100 1,00 5,049 1.00 4,494 1.00 4,494 $14,037 84 048- 062 -16 110 E BAY AVE 30 1,789 1.00 5,049 1 1,00 4,494 1.00 4,494 $14,037 85 048-062.17 112 E BAY AVE 0100 2.280 0.50 2,525 1.09 4,898 1.09 4,898 $12,322 86 04&082.18 114 E BAY AVE 0.00 2 165 0.50 2,525 1.03 4.629 1.03 4,629 $11,782 87 046-082.19 116 EBAY AVE 30 2,067 1.00 5,049 1.00 4,494 1,00 4,494 $14,037 88 048-062.20 1 305 MONTEROAVE 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 89 048462.21 307 MONTEROAVE 30 2,100 1.00 5,049 1.00 4,494 1.00 4A94 1 $14,037 90 048-062.22 309 MONTEROAVE 30 2,100 1.00 5,049 1,00 4494 1.00 4,494 $14.037 91 048-062.23 311 MONTERO AVE 30 2,100 1.00 5,049 1.00 4,494 1,00 4,494 $14,037 92 048-062.24 313 MONTERO AVE 30 2,100 1.00 5,049 1,00 4,494 1.00 4,494 $14,037 93 04&062 -25 315 MONTERO AVE 30 2,100 1,00 5,049 1.00 4,494 1.00 4,494 $14,037 94 04&082.26 317 MONTEROAVE 30 2,100 1.00 5,049 1.00 4494 1.00 4,494 $14,037 95 048-062.27 319 MONTEROAVE 30 2.100 1,00 5,049 1.00 4,494 1.00 4.494 $14037 96 048-062.28 321 MONTEROAVE 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14037 97 048- 082.29 323 MONTERO AVE 30 2,100 1.00 5,049 1.00 4.494 1.00 4.494 $14,037 98 048-062.30 325 MONTEROAVE 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 99 048-062.31 327 MONTERO AVE 30 2,100 1.00 5,049 1.00 4 494 1.00 4,494 $14 037 MunIFlaaaciai Exhibit E - Page 4 city of Newport Beach 100 048. 062.32 Etas 310 ANADE AVE Frontage 30 Lot 2.100 Safety 1.00 Safety 5,049 Refiabilit 1.00 Reliability 4 494 Aesthetics 1.00 Aesthetics 4,494 Total $14,037 101 048 -M-33 308 ANAIDE AVE 30 1.610 1.00 5 049 1.00 4 494 1.00 4.494 $14.037 102 048-072 -02 100 E BALBOA BLVD 130.00 2,100 4.33 21,880 1.00 4,494 1.00 4,494 $30,868 103 048-072.03 111 EBAY AVE 60.00 2100 2.00 10,098 1.00 4.494 1.00 4,494 $19,088 104 048-072 -04 113 EBAY AVE 60.00 2.100 2.00 10,098 1.00 4.494 1.00 4,494 $19,086 105 048-072.05 115 EBAY AVE 60.00 2,100 2.00 10,098 1.00 4.494 1.00 4.494 $19,086 106 048-072 -06 117 EBAY AVE 60.00 2100 2.00 10,098 1.00 4.494 1.00 4.494 $19,088 107 048 -072 -07 1 119 E BAY AVE 60.00 1 2,100 2.00 1 10,098 1.00 1 4,494 1.00 4.494 1 $19.086 108 048.072 -08 121 EBAY AVE 60.00 1 2,100 2.00 10,098 1.00 4,494 1.00 4.494 $19,086 109 048-072.09 123 E BAY AVE 60.00 2,100 2.00 10,098 1.00 4,494 1.00 4,494 $19,086 110 048-072.10 125 E BAY AVE 60.00 1 A02 2.00 10.098 1.00 4,494 1.00 4,494 $19,086 111 048-072.13 132 E BALBOA BLVD 30 2198 1.00 5,049 1.05 4,719 1.05 4,719 $14,487 112 04607214 130 E BALBOA BLVD 30 2.100 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 113 048-072.15 128 E BALBOA BLVD 30 2.100 1.00 5,049 1.00 4.494 1.00 4,494 $14,037 114 048-072.16 126 E BALBOA BLVD 30 2.100 1.00 5,049 1.00 4.494 1.00 4,494 $14,037 115 048-072.17 124 E BALBOA BLVD 30 2.100 1100 5,049 1.00 4,494 1.00 4,494 $14.037 116 048 -072.18 122 E BALBOA BLVD 30 2.100 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 117 048-072.19 120 E BALBOA BLVD 30 2.100 1.00 5,049 1.00 4,494 1.00 4.494 $14,037 118 048-072.20 118 E BALBOA BLVD 30 2,100 1.00 5.049 1.00 4.494 1.00 41494 $14,037 119 048-07242 127 E BAY AVE 73.00 2,607 2.43 12,266 124 51,573 1.24 5.573 $23.431 120 048072.23 129 E BAY AVE 82060 2.519 2.75 13,902 120 5,393 1.20 5,393 $24,688 121 048-07224 110 EBALBOA BLVD 130.00 23,300 4.33 21,880 11.10 49,684 11.10 49,684 121.647 122 048-07225 112 E BALBOA BLVD 30 2,100 1.00 5,049 1.00 4.494 1.00 4,494 $14.037 123 04807246 114 EBALBOA BLVD 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 124 048-07247 116 EBALBOA BLVD 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14.037 125 048091 -01 201 E BAY AVE 60.00 1 2,269 2.00 10,098 1.08 4.854 1.08 4,854..... $19.805 126 048- 091.02 203 E BAY AVE 80.00 2,305 2.00 10,098 1.10 4,943 1.10 4,943 $19 985 127 048-091 -03 205 E BAY AVE 60.00 2.400 2,00 10.096 1.14 6123 1.14 5 123 $20,345 128 048-091-04 207 E BAY AVE 60.00 2.400 2.00 10 098 1.14 5.123 1.14 5,123 $20.345 129 048-091 -05 209 E BAY AVE 60.00 2,400 2.00 10.098 1.14 5,123 1.14 5.123 $20.345 130 046 -091-06 211 EBAY AVE 60.00 2,400 2.00 10,096 1.14 5.123 1 1.14 5,123 $20,345 131 046. 091.07 213 EBAY AVE 60.00 2.400 2.00 10098 1,14 5,123 1.14 5.123 $20345 132 048-091.08 215 EBAY AVE 60.00 2400 2.00 10.098 1.14 5.123 1.14 6,123 $20345 133 048-09109 217 EBAY AVE 60.00 2.400 200 10.098 1.14 5.123 1.14 5,123 $20.345 MuniFlnancial Exhibit E • Page 5 City of Newport Beach nt Number APN 134 048. 091 -10 Silas Numbu, 219 Situs Street E BAY AVE Fruntajo 60.00 Lot SqFt 2,400 Safely EDU 2.00 Safety Assessment 10.098 Rellabilit V EBU 1.14 Reliability Assessment 5,123 Aesthetics OBLI 1,14 A,,sthetics Assessment 5,123 Total Assu�sjrient $20,345 135 048-091.12 212 E BALBOA BLVD 30 2,400 1.00 5,049 1.14 5.123 1.14 5.123 $15,295 136 048-091 -14 204 E BALBOA BLVD 30 2,400 1.00 5,049 1.14 5 123 1.14 5,123 $15,295 137 048- 091.15 202 E BALBOA BLVD 30 2.400 1.00 5 049 1.14 5.123 114 5.123 15,295 138 048-091.16 200 EBALBOA BLVD 30 2,400 1.00 5,049 1.14 5,123 1.14 5,123 $15295 139 048 -091.17 214 EBALBOA BLVD 30 2,400 1.00 5.049 1.14 5,123 1.14 5,123 $15,295 140 048-091 -19 218 E BALBOA BLVD 30 2,400 1.00 5,049 114 5123 1.14 5,123 $15,295 141 048-091 -20 216 E BALBOA BLVD 30 2,400 1.00 1 5,049 1,14 1 5,123 1.14 5,123 $15,295 142 048-091-21 206 EBALBOA BLVD 30 2,400 1.00 5,049 114 5,123 1.14 5.123 $15295 143 048- 091 -22 208 EBALBOABLVD 30 2,400 1,00 5,049 114 5,123 1.14 5,123 $15295 144 0484)91 -23 210 E BALBOA BLVD 30 2.400 1.00 5,049 1.14 5,123 1.14 5,123 $15.295 145 048 -092 -01 301 E BAY AVE 60.00 2,400 2.00 10,098 1.14- 5,123 1.14 5,123 $20,345 146 048092 -02 303 EBAY AVE 60.00 2400 2.00 10,098 1.14 5.123 1.14 1 5,123 $20,345 147 048-092 -03 305 EBAY AVE 60.00 2,400 2.00 10,098 1.14 5,123 1.14 5,123 $20,345 148 048-092-04 307 EBAY AVE 60.00 2,400 2.00 10,098 1.14 5,123 1.14 5,123 $20,345 149 1 048-092 -05 309 EBAY AVE 60.00 1 2.400 2.00 10,098 1.14 1 5,123 1.14 5,123 $20345 150 048-092.06 311 E BAY AVE 60.00 2,400 2.00 10,098 1.14 5,123 1.14 5,123 $20,345 151 048-092 -07 313 E BAY AVE 60.00 2,400 2.00 '10,098 1.14 5123 1.14 5,123 $20,345 152 048092 -M 315 E BAY AVE 160.00 4,800 5.33 26,929 229 10291 2.29 10,291 $47,511 153 048-092.11 320 E BALBOA BLVD 30 2,400 1.00 5,049 1.14 5,123 1.14 5,123 $15,295 154 048-092 -12 310 E BALBOA BLVD 60 4,800 2.00 '10,098 2.29 10,291 2.29 10,291 $30,681 155 048-092.14 302 E BALBOA BLVD 30 2,400 1.00 5,049 1.14 5,123 1.14 5.123 $15,295 156 048092.15 300 E BALBOA BLVD 30 2,400 1.00 5,049 1.14 5,123 1.14 5,123 $15,295 157 048092 -17 401 E BAY AVE 118 2,997 3.93 19,860 1.43 1 6,426 1.43 6,426 $32.713 158 048- 092 -18 331 E BAY AVE 30 2,813 1.00 5,049 1.34 6,022 1.34 6.022 $17,093 159 048 -09219 211 CYPRESS AVE 31,3 3,076 1.04 5,268 1.46 6 561 1.46 6,561 $11390 160 048-092 -20 209 CYPRESS AVE 31.3 2,796 1.04 5,268 133 5,977 1.33 5,977 $17,222 161 048-092 -21 207 CYPRESS AVE 0.00 2,517 0.50 2,525 1.20 5,393 1.20 5,393 $13,310 162 048-092.23 205 CYPRESS AVE 0.00 2,238 0.50 2,525 1.07 4,809 1.07 4,809 $12,142 163 048092 -24 330 E BALBOA BLVD 0.00 2 917 0.50 2,525 1.39 6,247 1.39 6.247 $15,010 164 048-092.25 306 EBALBOA BLVD 30 2,400 1,00 5.049 114 5,123 1.14 5,123 $15 95 165 048092 -26 304 E BALBOA BLVD 30 2,400 1.00 5,049 1.14 5.123 1.14 5,123 $15,295 166 048.092.27 328 EBALBOA BLVD 30 2,400 1.00 5,049 1.14 5,123 1.14 5,123 $15,295 167 040 -092.28 324 E BALBOA BLVD 30 2,400 1.00 5,049 1.14 5,123 1.14 5,123 $15,295 MuniFinancial Exhibit E - Page 6 City of Newport Beach Asse�srno ntNtiniber APN 168 048.101 -02 Silas Number 201 8itus stroot EDGEWATER AVE Frontage 30.00 Lot S4F1 2,155 Safety EBU 1.00 S afety Assessment 5,049 Rellabilit yE6U 1.03 Reliability Assessment 4,629 Aesthetics Aesthetics EBU Asseszmont 1.03 4,629 1 Total Assessment 169 048.101-04 205 EDGEWATER AVE 0.00 2675 0.50 2,525 1,27 5,707 1.27 5707 170 048.101.M 325 ALVARADO PL 30 2,250 1.00 5,049 1.07 4,809 1.07 4,809 171 048.101 -07 323 ALVARADO PL 30 2250 1.00 5049 1.07 4.809 1.07 4,809 172 048.101 -08 321 ALVARADO PL 30 2,250 1.00 5,049 1.07 4,809 1.07 4,809 M$14666 173 048.101 -09 319 ALVARADO PL 30 2,250 1.00 5,049 1.07 4.809 1.07 4,809 174 048.101.10 317 ALVARADO PL 30 2,250 1.00 5.049 1.07 4.809 1.07 4,809 175 048101.11 315 ALVARADO PL 30 2,250 1.00 5,049 1.07 4.809 1.07 4,809 176 048.101.12 313 ALVARADO PL 30 2,250 1,00 5,049 1.07 4.809 1.07 4,809 1 $14,666 177 048.101.13 311 ALVARADO PL 30 2,250 1.00 5,049 1.07 4,809 1.07 4,809 $14,666 178 048.101.14 309 ALVARADO PL 60.00 2,250 2.00 10.098 1.07 4,809 1,07 4,809 $19,715 179 048.101.15 307 ALVARADO PL 65.00 2.432 2.17 10,940 1.16 5,213 1.16 5,213 $21,366 180 048.101.16 305 ALVARADO PL 85.00 3,1 80 2.83 14,306 1.51 6,786 1.51 6,786 $27,876 181 048.101.17 301 ALVARADO PL 70.00 2,840 2.33 11,781 1.35 ' 6,067 1.35 6067 $23915 182 048.101.18 1 329 ALVARADO PL 30 1875 1.00 5,049 1.00 4,494 1A0 4,494 $14037 183 048. 101.19 327 ALVARADO PL 30 2,250 1.00 5.049 1.07 4,809 1.07 1 4,809 514,666 184 048.102.02 207 EDGEWATER AVE 30 1 2,716 1.00 6,049 1,29 1 5.797 1.29 5,797 $16,644 185 048- 102-04 209 EDGEWATER AVE 0.00 2,420 0.50 2,525 1.15 5.168 1,15 5,168 $12,861 186 048 -102-08 211 EDGEWATER AVE 0.00 2,449 0.50 2,525 1.17 5,258 1.17 5,258 $13,041 187 048 -102_08 215 EDGEWATER AVE 0.00 1,780 0.50 2,525 1.00 4,494 1.00 4,494 $11,513 188 048.102.10 217 EDGEWATER AVE 30 1,484 1100 5,049 1.00 4,494 1.00 4,494 $14 037 189 048.102.11 325 CORONADO ST 30 1,750 1,00 5,049 1.00 4,494 1.00 4,494 $14,037 190 048.102.12 323 CORONADOST 30 2,100 1600 5.049 1.00 4,494 1.00 4,494 $14,037 191 048.102.13 321 CORONADOST 30 2,100 1.00 5.049 1.00 4,494 1.00 4.494 $14,037 192 048.102.14 319 CORONADOST 30 1 2,100 1.00 1 5.049 1.00 4,494 1.00 4,494 $14037 193 048.102 -15 317 CORONADO ST 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 194 048.102.16 315 CORONADOST 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 195 048.102.17 313 CORONADOST 30 2,100 1,00 5,049 1.00 4.494 1.00 4,494 $14037 196 048.102.18 311 CORONADOST 30 2,100 1,00 5,C)49 1.00 4 494 1.00 4,494 $14,037 197 048-102.19 309 CORONADOST 30 2,100 1,00 5,049 1.00 4:494 1.00 4,494 $14.037 198 048 -102 -20 307 CORONADO ST 30 1,750 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 199 048- 102.21 216 EBAY AVE 30 2100 1.00 5,049 1,00 4,494 1.00 4,494 $14037 200 048- 102.22 212 E BAY AVE 0.00 2,100 0.50 2,525 1.00 4,494 1.00 4,494 $11,513 201 048.102.23 210 E BAY AVE 0.00 2,450 0.50 2,525 1.17 5,258 1.17 5,258 $13,041 MuniFinanciai Exhibit E • Page 7 City of Newport Beach Assess= nt Number APN 202 048-102.24 �itU5 Number 208 Situs Str"t EBAY AVE Frontago, 0.00 Lot SCIFt 2,100 Safety EBLJ 0.50 Safety Assessment 2,525 Roliabilit y EBU 1.00 Reliability Assessment 4,494 Aesthetics EBU 1.00 A o%thp. ties Assessment 4,494 Total Assessment $11,513 203 048-102-25 206 E BAY AVE 30 2-100 1.00 5,049 1.00 4.494 1.00 4.494 $14,037 204 048- 102 -26 306 ALVARADO PL 30 1 750 1.00 5 049 1.00 4,494 1.00 4,494 $14,037 205 048- 102-28 312 ALVARADO PL 30 2 100 1.00 5.W 1.00 4,494 1.00 4,494 $14,037 206 048-102 -29 314 ALVARADO PL 30 2100 1.00 5,049 1.00 4,494 1.00 4,494 $14.037 207 048- 102-30 316 ALVARADO PL 30 2.100 1.00 5,049 1.00 4.494 1.00 4,494 $14.037 208 048-102 -31 318 ALVARADO PL 30 2,100 1.00 5049 1.00 4,494 1.00 4,494 $14.037 209 1 048- 102 -32 320 1 ALVARADO PL 30 2,100 1 1.00 1 5,049 1.00 1 4.494 1 1.00 4494 1 $14.037 210 048102 -33 322 ALVARADO PL 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14.037 211 048102.34 324 ALVARADO PL 30 1,750 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 212 048102 -35 310 ALVARADO PL 30 2,100 1.00 5,049 1.00 4,494 1.00 4,494 $14,037 213 048102.36 308 ALVARADO PL 30 2,100 1.00 5,049 1.00 4,494 1.00 4.494 $14037 214 04810302 301 EDGEWATER AVE 30 3,241 1.00 5.049 1.54 6,921 1.64 6.921 $18,891 215 048 -10304 303 EDGEWATER AVE 30.00 2,946 1.00 5,049 1.40 6,292 1A0 6,292 $1702 216 048 -10306 307 EDGEWATER AVE 35.00 3,003 1.17 5.891 1.46 6.561 1.46 6,561 $19,013 217 04810308 1 309 EDGEWATER AVE 30 1 2,306 1.00 5,049 1.10 4,943 1.10 1 4,943 $14,936 218 04810310 j 311 EDGEWATER AVE 30.00 2.011 1.00 5.049 1.00 4A94 1.00 4.494 $14,037 219 04810311 319 FERNANDO ST 30.00 2.100 1.00 5,W 1.00 4,494 1.00 4,494 $14,037 220 04810312 317 FERNANDO ST 0.00 2.100 0.50 2,525 1.00 4.494 1.00 4.494 $11,513 221 04810313 315 FERNANDO ST 0.00 2100 0.50 2.525 1.00 4,494 1.00 4494 $11513 222 04810314 313 FERNANDO ST 0.00 2,100 0.50 2,525 1.00 4,494 1.00 4.494 $11,513 223 04810315 311 FERNANDO ST 0.00 2,100 0.50 2,525 1.00 4,494 1.00 4,494 $11,513 224 04810316 309 FERNANDO ST 0.00 2.100 0.50 2.525 1.00 4,494 1.00 4,494 $11513 225 048.10317 307 FERNANDO ST 0.00 1,750 0.50 2.525 1.00 4,494 1.00 4,494 $11.513 226 048103 -18 305 FERNANDO ST 0.00 2.100 0.50 2,525 1.00 4,494 1.00 4,494 $11,513 227 04810319 306 E BAY AVE 0.00 2.100 0.50 2.525 1.00 4.494 1.00 4,494 $11.513 228 04810320 304 E BAY AVE 0.00 2,450 0.50 2 525 1.17 5,268 1.17 5,258 $13.041 229 048. 10321 302 E BAY AVE 30-00 2,100 1.00 5,049 1.00 4.494 1.00 4,494 $14.037 230 048 -10322 300 E BAY AVE 30 2,100 1.00 5.W 1.00 4,494 1.00 4,494 $14.037 231 04810323 306 CORONADO ST 30 1 750 1.00 5.049 1.00 4.494 1.00 4,494 $14.037 232 04810324 308 CORONADO ST 0000 2100 0.50 2.525 1.00 4,494 1.00 4,494 $11,513 233 046.10326 314 CORONADO ST 0.00 2,100 0.50 2.525 1.00 4,494 1.00 4,494 $11,513 234 04810327 318 CORONADO ST 00 2,100 0.60 2.525 1.00 4,494 1.00 4,494 $11,513 235 04810328 318 C20RONE ST 30 2 100 1.00 5.049 1.00 4494 1..00 4,494 $14.037 MuniFinaneial Exhibit E - Page 8 City of Newport Beach Assessma mt Numb" 236 048- 103.29 Situs 312 CORONADOST 0.00 Lot 2,100 Safety 0.50 Safety 2,525 Rellabilif 1.00 Relialhilfty, 4,494 Aesthetics 1.00 Aesth�ticS 4,494 Total $11,513 237 048- 103.30 310 CORONADOST 0.00 2,100 0.50 2,525 1,00 4,494 1.00 4,494 $11,513 238 048 -104-02 308 FERNANDO ST 30 2,368 1.00 5.049 1.13 5,078 1.13 5,078 $15,206 239 048.104-03 306 FERNANDO ST 30 1.970 1.00 5,049 1.00 4,494 1.00 4,494 $14 037 240 048 -104-07 310 E BAY AVE 70.00 1.750 2.33 11,781 1.00 4,494 1 -00 4,494 $20,769 241 048.104-09 0100 0 0 0.00 0 0100 0 $0 242 048 -10410 312 E BAY AVE 0.00 1,750 0.50 2,525 1.00 4 494 1.00 4.494 $11,513 243 048- 104-11 314 EBAY AVE 0,00 1 1,919 0.50 1 2,525 1.00 4,494 1.00 1 4,494 $11,513 244 048-104-12 0'00 0 0 0.00 0 0.00 0 $0 245 048- 111 -02 409 EDGEWATER AVE 30 3 252 1.00 5,049 1.55 6,968 1.55 6,966 $18,981 246 048- 111-03 411 EDGEWATER AVE 30 3,228 1.00 5,049 1.54 6,921 1.54 8,921 $18891 247 048- 111.04 413 EDGEWATER AVE 30.00 3,205 1.00 5,049 1.53 6,876 1.53 6,876 418,801 248 048.111-05 415 EDGEWATER AVE 30.00 3,182 1.00 5,049 1.52 6.831 1.52 6,831 18711 249 048- 111-06 417 EDGEWATER AVE 30.00 3,159 1.00 5,049 1.50 6,741 1.50 6.741 $18,531 250 048 -111 -07 419 EDGEWATER AVE 30 3,135 1.00 5,049 1 -49 6,696 1.49 6,696 $18,441 251 048- 111 -10 427 EDGEWATER PL 30 3,043 1,00 5,049 1.45 6,516 1.45 6,516 $18.082 252 048- 111 -12 424 E BAY AVE 30 2,069 1.00 5,049 1,00 4,494 1.00 4,494 $14,037 253 048- 111 -13 422 EBAY AVE 30 2,410 1.00 5,049 1 115 5,168 1.15 5.168 $15,385 254 048- 111 -14 420 EBAY AVE 30 2,285 1.00 5,049 1.09 4,898 1.09 4,898 $14848 255 048- 111.15 418 EBAY AVE 30 2,321 1,00 5.049 1.11 4.988 1.11 4,988 $15026 256 048- 111.16 416 EBAY AVE 60.00 2.357 2.00 10,098 1.12 5,033 1.12 1 5,033 $20,165 257 048. 111.21 407 EDGEWATER AVE 30.00 3,275 1.00 5,049 1.56 7,011 1.56 7,011 $19070 258 048- 111.22 405 EDGEWATER AVE 4100 7,203 1.43 7,237 143 15.414 3.43 15,414 $38,066 259 048- 111.25 0.00 0 0 0330 0 0.00 0 $0 260 048- 111-26 428 EBAY AVE 30 2,160 1100 1 5,049 1,03 4,629 1.03 4,629 $14,307 261 048- 111-27 426 EBAY AVE 30 2.179 1.00 5,049 1.04 4,674 1.04 4,674 $14,397 262 048- 111-28 430 EBAY AVE 30 2,124 1.00 5,049 1 1,01 4,539 1.01 4,539 $14,127 263 048- 111.29 425 EDGEWATER PL 30 3,065 1.00 5,049 1,46 6,561 1.46 6,561 $18,172 264 048. 111.31 423 EDGEWATER PL 30 3,089 1 -00 5,049 1.47 6,606 1.47 6,608 $18,262 265 048. 111.32 421 EDGEWATER PL 30 3,113 1.00 5049 1.48 6.651 1.48 6,651 $18.351 266 048- 113-01 413 EBAY AVE 30 1,989 1100 5049 1.00 4.494 1.00 4,494 $14,037 267 048 -113 -02 415 EBAY AVE 30.00 2,156 1.00 5,049 1.03 4.629 1,03 4,629 $14,307 26$ 048 -113-03 417 E BAY AVE 30.00 2,156 1.00 5,049 1.03 4,629 1.03 4,629 $14,307 269 048 -113-04 419 E BAY AVE 30 2,156 1.00 5,049 1.03 4,629 1.03 4,629 $14,307 MunlFlnancial Exhibit E - Page 9 City of Newport Beach ,it NUmber 270 APN 048- 113.13 Silus Number Sittis Strout Frontage 0.00 Let SqFt 0 safety EBU Safety Assessment 0 Reliabilit y EBU 0.00 Reliability Assessment 0 Aesthetics EBU 0.00 Aostholi�q Assessmont 0 Total Assssmom $0 271 048- 114 -01 409 HARDING ST 166.25 6,900 5.54 27.981 3.29 14,785 3.29 14,785 7551 272 048.114-02 413 HARDING ST 30.00 2.300 1.00 5 049 1.10 4.943 1.10 4r943 $14,936 273 048.114.03 415 HARDING ST 30 2 300 1.00 5 049 1.10 4,943 1.10 4.943 $14,936 274 048.114.04 417 HARDING ST 30.00 2,300 1.00 5.049 1.10 4,943 1.10 4,943 $14,936 275 048 -114-05 419 HARDING ST 30 2,300 1.00 5,049 1.10 4,943 1.10 4,943 $14,936 276 I 048- 114-06 421 KARDING ST 30.00 I 2,300 1.00 5,049 1.10 4,943 1.10 4.943 $14,936 277 048 -114-09 410 E BALBOA BLVD 30.00 2,244 1.00 5,049 1.07 4,609 1.07 4.809 $14,886 278 048- 114.10 408 E BALBOA BLVD 30 2,435 1.00 5,049 1.16 5.213 1.16 1 5,213 $15,475 279 048- 114.11 406 E BALBOA BLVD 30.00 2,624 1.00 5.049 1.25 5,61 B 125 5,618 $16,284 280 048- 114.12 404 E BALBOA BLVD 30.00 2,814 1.00 5,049 1.34 6,022 1.34 6,022 $17.093 281 048- 114.15 418 E BALBOA BLVD 63.49 3.485 2.12 10.688 1.66 7,460 1.66 7,460 $25.606 282 048- 11446 0.00 0 0 0.00 0 0.00 0 $0 283 932.940-01 310 FERNANDOST#100 1 154.77 3BA20 0.11 532 0.37 1 1678 (137 1.678 $1888 284 932.940.02 310 FERNANDO ST #101 1 154.77 38A20 0.11 532 0.37 1,678 0.37 1,678 $3888 285 932.940-03 310 FERNANDO ST #102 1 154.77 1 38,420 0.11 532 0.37 1,678 0.37 1,678 $3,888 286 932.940 -04 310 FERNANDO ST #103 1 154.77 38,420 0.11 1 532 0.37 1678 0.37 1,678 $3.888 287 932.940-05 310 FERNANDO ST #104 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1,678 $3,888 288 932.940.06 310 FERNANDO ST 9105 1 154.77 38.420 0.11 532 0.37 1,678 0.37 1.678 $3,886 289 932.940 -07 310 FERNANDO ST 9106 1 154.77 38,420 0.11 532 0.37 1 678 0.37 1.678 $3,888 290 932.940-08 310 FERNANDO ST #107 1 154.77 38.420 0.11 532 0.37 1,678 0.37 1.678 $3,888 291 932.940-09 310 FERNANDO ST #108 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1 1.678 $3,888 292 932.940.10 310 FERNANDO ST 0109 1 154.77 38,420 0.11 532 0.37 1.678 0.37 1.678 $3,888 293 932.940.11 1 310 FERNANDO ST #110 1 154.77 38,420 0.11 532 0.37 1 1,678 0.37 1,678 $3,888 294 932.940 -12 310 FERNANDO ST #111 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1.678 $3888 295 932.940.13 310 FERNANDO ST #112 1 154.77 38,420 0.11 532 0.37 1.678 0.37 1,678 $3,888 296 932.940 -14 310 FERNANDOST4201 1 154.77 38,420 1 0.11 532 0.37 1,678 0.37 1.678 $3,888 297 932.940.15 310 FERNANDO ST #202 1 154.77 38,420 0.11 532 0.37 1.678 0.37 1.678 $3888 298 932 - 940-16 310 1 FERNANDO ST#203 1 154.77 38,420 0.11 532 0.37 1.678 0.37 1,678 $3,888 299 2.940.17 310 FERNANDO ST #204 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1,678 $3,888 300 932.940 -18 310 FERNANDO ST #205 1 154.77 38,420 011 532 0.37 1,678 0.37 1,678 $3,888 307 932•&10.19 310 FERNANDO ST #206 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1,678 $3,886 302 932.94420 310 FERNANDO ST lF207 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1,678 $3,888 303 932.940.21 310 FERNANDO ST #208 1 154.77 38420 0.11 532 0.37 1678 0.37 1,678 $3,888 MunlFlnancial Exhibit E - Page 10 City of Newport Beach Assessale oil INUmbor 304 APN 932 - 940.22 Situs Number 310 Situs Street FERNANDO ST 92091 Frontage 154,77 Lot SqFt 38,420 Safety Eau 0.11 Safety Assessment 532 Reliabilit Y Eau 0.37 Reliability Assessment 1,678 Austbotics Eau 0.37 Aesthetics Assessment 1,678 Total Assessment $3,888 305 932- 940-23 310 FERNANDO ST 92101 154.77 38420 0.11 532 0.37 1,678 0.37 1,678 $3,888 306 932 - 940-24 310 FERNANDO ST 8211 1 154.77 38.420 0.11 532 0.37 1.678 0.37 1.678 $3888 307 932.940 -25 310 FERNANDO ST #212 1 154.77 38.420 0.11 532 0.37 1.678 0.37 1.678 $3,888 308 932. 940-26 310 FERNANDO ST #301 1 154.77 38.420 0.11 532 0.37 1,678 0.37 1.678 $3.888 309 932 - 940-27 310 FERNANDO ST #302 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1,678 $3,888 310 932 - 940-28 310 FERNANDO ST #W3 1 154.77 38,420 0.11 532 0.37 1.678 0.37 1.678 $3.888 311 932. 940-29 1 310 FERNANDO ST #304 1 154.77 1 38.420 0.11 532 0.37 1.678 0.37 1.678 $3,888 312 932. 940-30 310 FERNANDO ST #305 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1.678 $3.888 313 932 - 940-31 310 FERNANDO ST #306 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1.678 $3.888 314 932- 940-32 310 FERNANDO ST #3071 154.77 38,420 0.11 532 0.37 1,678 0.37 1.678 $3,868 315 932. 940-33 310 FERNANDO ST #308 1 154.77 38.420 0.11 532 0.37 1,678 0.37 1.678 $3 868 316 932. 940-34 310 FERNANDO ST#3091 154.77 38,420 0.11 532 0.37 1.678 0.37 1,678 $3,888 317 932 -940-35 310 FERNANDO ST 9310 1 154.77 38,420 0.11 532 0.37 1.678 0.37 1,678 $3,888 318 932 -940-36 310 FERNANDO ST #311 1 154.77 38.420 0.11 532 0.37 1.678 0.37 1,678 $3.888 319 932 -940-37 310 FERNANDO ST #312 1 154.77 38.420 0.11 532 0.37 1.678 0.37 1.678 $3,868 320 932 -94038 1 310 FERNANDO ST 9401 1 154.77 38.420 0.11 532 0.37 1,678 0.37 1,678 $3.888 321 932 - 940-39 310 FERNANDO ST #402 1 154.77 1 38,420 0.11 532 0.37 1.678 0.37 1.678 1 $3,888 322 932 - 94040 310 FERNANDO ST #403 1 154.77 38.420 0.11 532 0.37 1678 0.37 1,678 $3,868 323 932 - 940.41 310 FERNANDO ST#4041 154.77 38,420 0.11 532 0.37 1.678 0.37 1,678 $3888 324 932 - 940.42 310 FERNANDO ST 94051 154.77 38.420 0.11 532 0.37 1,678 0.37 1,678 $3888 325 932- 940.43 310 FERNANDO ST 9406 1 154.77 38.420 0.11 532 0.37 1.678 0.37 1,678 $3.888 326 932- 940.44 310 FERNANDO ST 9407 1 154.77 38,420 0.11 532 0.37 1.678 0.37 1,678 $3.888 327 932.94045 310 FERNANDO ST #408 1 154.77 38,420 0.11 532 0.37 1,678 1 0.37 1.678 $3888 328 93254046 310 FERNANDO ST #409 1 154.77 38,420 0.11 532 0.37 1,678 0.37 1.678 $3.868 329 932 -94047 310 FERNANDO ST #410 1 154.77 38.420 0.11 1 532 0.37 1,678 0.37 1 1,678 $3,888 330 932 -94048 310 FERNANDO ST #411 1 154.77 38.420 0.11 532 0.37 1,678 0.37 1.678 $3,888 331 932.94049 310 FERNANDO ST #412 1 154.77 38,420 0.11 532 0.37 1.678 0.37 1,678 $3888 332 932540-62 319 CYPRESSST 0.00 10,149 0.06 281 0.54 2412 0.54 2,412 $5104 333 932 - 940-83 317 CYPRESS ST 0.00 10,149 0.06 281 0.54 2.412 0.54 2,412 $5,104 334 932 -94081 315 CYPRESS ST 0.00 10 149 0.06 281 0.54 2.412 0.54 2,412 $5.104 335 932 -94" 311 CYPRESS ST 0.00 10,149 0.06 281 0.54 2,412 0.54 2,412 $6,104 336 932.940$8 309 CYPRESS ST 0.00 10,149 0.08 281 0.54 2,412 0.54 2.412 $5,104 337 932540 -87 307 CYPRESS ST 0.00 10.149 0.06 281 0.54 2.412 0.54 1 2,412 $5,104 MunIFlnanclal Exhibit E - Page 11 City of Newport Beach nt Number 338 APN 932 - 94088 NUmbur 303 Situs Street CYPRESS ST Frontage 0.00 Lot SqFt 10,149 Safety EBU 0.06 Safaty, Assessment 281 Reflabilit V EBU 0.54 Reliability Assessment 2,412 Aesthetics Austhe6cs EBLI Assessment 0.54 2,412 Total Assessment $5.104 339 932 -940-69 305 CYPRESS ST 0.00 10,149 0.06 281 0.54 2.412 0.54 2,412 $5.104 340 932- 94070 301 CYPRESS ST 0.00 10,149 0.06 281 0.54 2,412 0.54 2.412 $5104 341 936.52001 421 E BAY AVE #1 2 30.00 8.973 0.13 631 0.53 2.399 0.53 2,399 $5,428 342 936.520-02 414 E HARPING ST #2 1 30.00 8.973 0.13 631 0.53 2.399 0.53 2.399 $5428 343 936 -520-03 416 E HARPING ST #3 1 30.00 8.973 0.13 631 0.53 2.399 0.53 2,399 $5.428 344 93632004 423 E BAY AVE #4 2 30.00 8.973 0.13 631 0.53 2,399 0.53 2,399 $5,428 345 1 936 -520-05 425 1 E BAY AVE #5 2 30.00 8,973 1 0.13 1 631 0.53 1 2,399 0.53 2.399 $5.428 346 936520.06 4181 HARPING ST #6 1 30.00 8.973 0.13 631 0.53 2,399 0.53 2.399 $5,428 347 93052007 420 HARPING ST #7 2 30.00 8.973 0.13 631 0.53 2.399 0.53 2,399 $5,428 348 930520 -08 427 BAY AVE #8 2 30.00 8,973 0.13 631 0.53 2,399 0.53 2.399 $5,428 349 936 - 52014 406 EBAY AVE #1 0 297.19 12.458 099 5,002 0.59 2,665 0.59 2,665 $10,332 350 936 -52015 406 E BAY AVE #2 0 297.19 12,458 0.99 5,002 0.59 2.665 0.59 2665 510,2 '3 351 936 -52016 406 E BAY AVE #3 0 297.19 12.458 0.99 5.002 0.59 2,665 0.59 2.665 $10,332 352 93652017 406 E BAY AVE #4 0 297.19 1 12.458 0.99 5,002 0.59 2,665 0.59 2,665 $10.332 353 936. 52018 1 406 E BAY AVE #5 0 297.19 12.458 0.99 5,002 1 0.59 2,665 0.59 1 2.665 $10.332 354 93652019 406 E BAY AVE #6 0 297.19 12.458 0.99 5.002 0159 2,665 0.59 2,665 $10,332 355 936 - 52020 406 EBAY AVE #7 0 297.19 12,458 0.99 5,002 0.59 2.665 0.59 2.665 $10,332 356 936 - 52021 406 EBAY AVE #8 0 297.19 12.458 0.99 5,002 0.59 2,665 0.59 2,665 $10,332 357 930520 -22 406 EBAY AVE #9 0 297.19 12.458 0.99 5002 0.59 2,665 0.59 2,665 $10.332 358 93652023 406 E BAY AVE #10 0 207.19 12,458 0.99 5 002 0.59 2,665 0159 2 665 $10,332 359 930520-34 51.50 3,528 0.86 4.334 0.84 3,775 0.84 3.775 $11,884 960 93652035 1 1 51.50 3,528 0.86 1 4,334 0.84 3775 0.84 3,775 $11,884 NA 323.68 1 $1,633.798 363.55 $1,633.798 363.55 1 $1.633,798 $4.901.394 MuniFinancial I Exhibit E - Page 12 City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT F - BOUNDARY MAP / ASSESSMENT DIAGRAM A Boundary Map and Assessment Diagram showing die Assessment District No. 101, the boundaries, and the dimensions of the subdivisions of land within the Assessment District No. 101, as they existed at the time of the passage of the Resolution of Intention, is filed with and made a part of this Report and part of the assessment. Each of the subdivisions of land, parcels, or lots will be given a separate number on the Assessment Diagram, which corresponds with the assessment number shown on the Assessment Roll (Exhibit E). The Boundary Map and Assessment Diagram in a reduced -scale format follows. MuniFinaneiai Exhibit F - Page I City of Newport Beach PROPOSED BOUNDARIES OF UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 109 em o. xEwxareEwnl aaunr�owwae mna anrusnTalu „iYM3/,df/WUna�(V�� 0 svarnvKVwNw��F p. �w�i 4°wLe�m..�i�YL'on'ew�eEa �Y sw�aAwsu�.msn A��mwKx1— Y1.VYY19Yp1� WWILCITMYR�EQSRP�'Q .5fT01ElY1 � YK RYROMRrgI to MIVyORk __ RR WN.OgN�YFYp.M{ Erb.... vSilKNL C.S1P3I' ➢YImpMY 155C180R'S MPCC4 4IM. - tiNiCARi W KR • J1YIllE3 C LE GCROJLO ®N..Wmanclal r CW VATER :/E 'I 6 W • Y Q III I L .61I BA4PliF $I.VA - .- I V NIanIFInaneiat Exhibit F - Page 2 City of Newport Soaeh PROPOSED BOUNDARIES OF UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 909 MY OF NEWPQIW SFACN 00 H OF OnANGE STATE OF CAL1FORM r 1 � kkk I w ' •% I _ _ MuniFinancial r I r r iGC D Pi \ "ES�W.NI (f:_i Pl(i BOWPPF! P.TE:: S PQC@ LINE CEWE LIHE - - -.. LOT LINE LOT NMPEP • aiR IT!" 14 R PLIWVLL MuniFinancial Exhibit F - Page 3 City of Newport Boach ASSESSMENT DIAGRAM, ASSESSMENT DISTRICT NO. 101 vnm�+HaRVwM`..P,mnmwmwn C" OF!@i^R'ORTBF.ACH OIY�14fMPwIR.1lNIXlIP�MP COIR WORAWW . 3rAMF CAIIfOPl1N P arcw�owv�.w Ay�MwlilP9lpRgq(wMOMw.M!¢1fi%{ ll��PnO� - -r9.i .r..� _ _- • 6 M rw�iPwia:ertP mr4+su �' I �_ 3 C�H7 I��JF1 v I O, U--' +i IpAIP,NTVV (�� ,�� @ �••, O a � p wavne�OwarRwR PSwaiP .v I .i°I�v 1 II� ` I =>�• m.�Maa>Mwwwwn.. / � � � t• �,� T � .. � J �� d . , © 1 `-� I U � wn Rw MntPx�wvuawvrrrP �- 'E ? � _/ - - Q', • 8 -j- - ©O 1�1 � osrnmaaPOx�r , �i _ m aloFic'c7 �; o���f� a ve MuninaaaciaF 1 MunlFlnaneial Exhibit F - Page 4 City of Newport Beach MunlFlnancial Exhibit F - Page 5 C" of Newport Beach ASSESSMENT DISTRICT, ASSESSMENT DISTRICT NO. 767 rmoFrafurortrerr�a+ courrrcaF Oawvae bTATE OF CW.FN@IM - - flilt gig —16 ®MuniFinancial MunlFlnancial Exhibit F - Page 5 C" of Newport Beach ASSESSMENT DIAGRAM, ASSESSMENT DISTRICT NO. 101 gIYOP POLtTB q (p1.MYOF p1iN1(JE SR.etEIF GLPiR1M ASM T XD q ➢SL9]0It R0. 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RCE4 XO IDP Da B.lnl.n} Idp 8a6+ 17 n ln9 4 n lid 6 9h Gag -Ill r- pd Tnr 4.8�1B1 1u 190 1 4 1 Q aS..V} 2 la• p.4 -I OJC. I1f I6 • u.- l 1 2.Yr . 18b Tnrru 9l� 20. OaB •U2 IC TnrOy 9n @a9 11 20 n _ @r r r,y •] Pa : } ;E r n « n r.an 1. uJ.lf :1< pa 8.111 l •.4J TI' Da @1G3 -Pa 118 1a r..10 a.4E }I' IF. 5..n..lra :]'4 Tn 2J1 atl 10] rl�su�•1 Gad IP. -aJ n .(G l a } -I tla -r.pa Tnr� op:a3 rat -r ila -pp 111- On Pa B•Ba.i1 .a n. el Patl :.V rnG" r.:sG n.1- I1 1.12 rirey Ir n. @ -t 11 -111 4 1 1 P.6. 111.10 5) I rnv On :5Y 4.5- 111 -I: 1 1.tnu in n. 8-11 1 11 ­69h =:C 41-1 I�1 9 II, yOn G. p-1 11.22 }Sn r ou9n M13 y,8 -11-,I fnrny0li f.. e.1I I -:q 26. 1nrru Dn }d5 .e- 111.11 TI- h n..- 111 -35 ;DO T111au'n P4 4.8.113,01 I . @.I I] -D] ?)1 u01. =90 1. nl Tnrnu Bn L.6 11. -Cp II!I. 4e-I 0.@ -: I..O] Tnrp.,n C. B�`I. -12 1 t,. rl I, II } @I l iil On Je) ld Tnrr..h B. B�•I.�I@ Je'1 uD ^'S1 9 2-.1.a De2-:.0 Tprny6n v1:-5. 1321 nrD.4n :.0 -6 nun ai „D.C-i4 0Ii- 'J.0-f T 0 J.I rlliuy Dn Bap hI 95:�s JP- P 1: Tnrn 40r' U.9 = -]20 p @.V 1 lR 5}D Tn1 6 c 3 3 ] . e. }24 23 1, 1 3SU TM1•uv DL i4C 133 ?9 s 20 C 2. Tn.vu•n MuniFinanelal Exhibit F - Page 6 City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT G— MAXIMUM ANNUAL ADMINISTRATION COST ADD -ON In addition to, or as a part of the assessment lien levied against each parcel of land within the District, each parcel of land shall also be subject to an annual administrative cost add -on to pay costs incurred by the City, and not otherwise reimbursed, which result from the administration or registration of any bonds and or /reserve or other related funds. The maximum annual total amount of such annual administrative cost add -on for each parcel within the District will not exceed $100.00. Each parcel's share of the administrative cost add -on shall be computed based on the parcel's proportionate share of its annual assessment (not to exceed $100.00.) MuniFinancial Exhibit G - Page 1 Clty of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT H — RIGHT -OF -WAY CERTIFICATE CITY OF NEWPORT BEACH COUNTY OF ORANGE STATE OF CALIFORNIA The undersigned hereby certifies under penaky of perjury that the following is true and correct. At all times herein mentioned, the undersigned was, and now is, the duly appointed Superintendent of Streets of the City of Newport Beach, California. The city of Newport Beach has instituted proceedings under the provisions of the "Dlunicipal Improvement Act of 1913 ", being Division 12 of 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. IOI (hereinafter referred to as the " District"). All easements, rights-of-way or land necessary for the accomplishmentof the works ofimprovement for the above, referenced District have been obtained and are in the possession of the City. All works of improvement as proposed to be constructed within said District will be constructed within public rights•of•way, land or easements owned by said City at the time of the construction of the works of improvement. EXECUTED this day of 2005, at Newport Beach, California Stephen G. Badum, P.E. Superintendent of Streets MunlFinancial Exhibit H • Page 1 City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 101 CITY OF NEWPORT BEACH EXHIBIT I — PUBLIC PROPERTIES There are two publicly owned properties within the bouncLi ies of the District (Iabrary and Fire Station / Assessment Numbers 106 and 125) that specially benefit from the undergrounding of overhead facilities and have been assessed based on the methodology presented herein. MuniFinaneiai Exhibit I - Page 1 City of Newport Beach ENGINEER'S REPORT ASSESSMENT DISTRICT NO, 101 CITY OF NEWPORT BEACH EXHIBIT J CERTIFICATION OF COMPLETION OF ENVIRONMENTAL PROCEEDINGS CITY OF NEV TORT BEACH COUNTY OF ORANGE SA'L'E OF CALIFORNIA The undersigned, under penalty of perjury, certifies as follows: 1, The unprocements to be constructed under the proceedings in assessment District No. 101 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under the provisions of Paragraph 15302, Class 2 (d) of "Guidelines For Implementation of die California Environmental Quality Act ", as adopted by the Secretary for Resources of die State of California, June 1992. 2. The undergrounding to be done under Assessment District No. 101 is categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act guidelines because die Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to widerground locations where the surface is restored to the condition prior to the undergrounding, does not have a significant effect on the environment, and are declared to be categorically exempt. 3. A Notice of Exemption has been filed in the office of the County Clerk of Orange County, California. 4. All environmental evaluation proceedings necessary for the formation of Assessment District No. 101 have been completed to my satisfaction, and no further environmental proceedings are necessary. EXECUTED this day of 2008, at Newport Beach, California. Stephen G. Barium, P.E. Superintendent of Street MuniFinanefal Exhibit J - Page 1 City of Newport Beath Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1%1, and A -24831 June 11, 1963. ' PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: April 12, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 14, 2008 at Costa Mesa, California. �M(` /R /!h Ca G1 r7/Yf/J7 Signafure OF THE CITY COUNCIL OF THE CITY OF NEWPORT PRELIMINARY APPROVAL TO THE REPORT OF T has instituted proceedings for the n of a special assessment district designated as Assessm No. 101 (hereinafter referred to as the "Assessment Distric fide for the conversion of certain overhead electrical t (cation facilities to underground locations. together with app r and appurtenant work in connection therewith, pursuant to id provisions of the "Municipal Improvement Act of 1913 ", be 12 of the Streets and Highways Code of the State of Califor EAS, the Assessment District area should be designated mnd utilities district pursuant to Chapter 15.32 of the Code :es of the City of Newport Beach (the "Ordinance "): and EAS, a resolution of intention (the "Resolution of Intention') ration of the Assessment District and the utility conversion v ly adopted by this legislative body; and EAS, there has been prepared and filed with this legislative br onsideration a Report of the Assessment Engineer (the "Repo, red by the Resolution of Intention, Sections 10203 and 10204 the on Act ") (the Act, Article to herein collectively as It Is hereby Determined, Resolved, and Ordered SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted and preliminarily approved, as folio, A. The plans and specifications for the proposed improvements to constructed, as contained In the Report, are hereby preliminarily appro, and adopted; B. The Assessment Engineer's estimate of the itemized and total co and expenses of the construction of the Improvements and of incidental expenses in connection therewith contained in the Report. I each of them are hereby preliminarily approved and adopted: C. The. diagram showing the Assessment District referred to described in the Resolution of Intention, and also the boundaries dimensitins of the respective real property interests within the Assessm District. as the same existed at the time of the passage of said Resolut of Intention, each of which have been given a separate number ul the diagram. as contained In the Report, is hereby preliminarily spore, and adopted; D. The proposed assessment upon the several property Interests in Assessment District, in proportion to the estimated special benefits be received by such property interests, respectively, from the provements to be constructed, and of the incidental expenses therr as contained in the Report, are hereby preliminarily . approved adopted; E. The descriptions of the improvements to be constructed contali in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer s I for the purpose of all subsequent proceedings had pursuant to Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of City Of Newport Beach will hold a public hearing on the assessm district, the proposed assessments, and the designation of the of as ea underground utilities district at Its regular meeting plo Beach, California, an May 27, 2008 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record ow of property that is subject to the assessment has the right to sub an assessment ballot in favor of or In opposition to the propo assessment. Assessment ballots will be mailed to the record owner of each prope Interest located within the assessment district and subject to a prope assessment. Each such owner may complete such ballot and ther indicate their support for or apposition to the proposed assessment. such ballots must be received by the City Clerk at the following addr at or before the time set for the close of the public hearing: Newport Beach, CA 92658 A postmark prior to such date and time will not be sufficient. At the conclusion of the public hearing, the City Council shall cau ie assessment ballots timely received to be opened and tabulated. If ajority protest exists, the City Council shall not impose an assessme ;thin the assessment district. A majority protest exists If, upon tl mclusioh of the public hearing, assessment ballots submitted tnnsdinn to the assessments within the assessment district exceed h nitted in favor of such assessments. In tabulating the ball shall be weighted according to the proportional finan f the affected property. The City Clerk Is hereby directed to mail or cause to ;he form and manner prescribed in the Assessment Law days prior to the date of the public hearing, notice of ing and the adoption of the Resolution of Intention and I the Report, together with the assessment ballot mater; it owners of all real property proposed to be assessed. The City Clerk is hereby further directed to file 'a copy W boundary map In the Office of the County Recorder wP days of the adoption of this resolution; said boundary r in the manner and form as set forth In Division 4.5 of Highways Code of the State of California. APPROVED AND ADOPTED at a regular meeting of the I the City of Newport Beach held on the 8th day of April, 2( Bing vote: . Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich a