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HomeMy WebLinkAbout15 - Proposed AD 87 - Balboa Island - Ballot RecountCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. is May 12, 2009 TO: Mayor and Members of the City Council FROM: City Attorney Mynette Beauchamp, Assistant City Attorney 949 - 644 -3131 or MBeauchamp(cDcity .newport - beach.ca.us Public Works Department Michael J. Sinacori, Assistant City Engineer 949 - 644 -3342 or MSinacori(a)city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 87 ( BALBOA ISLAND) — AN AREA GENERALLY BOUNDED BY BAY FRONT NORTH AND SOUTH, AND BALBOA ISLAND WEST OF COLLINS ISLE AND EAST OF GRAND CANAL — FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT (CONTINUED FROM THE 4128/09 MEETING). [7:03 P.M. TIME CERTAIN] 1. Re -Count Ballots as directed at the April 28, 2009 Council Meeting. 2. If greater than or equal to 50% of weighted "No" votes versus "Yes" votes are submitted, then a majority protest by ballot procedure does exist and the District may not be formed and the following actions should be considered by Council: a. If desired, Abandon the assessment proceedings and Adopt a Resolution No. 2009- for the abandonment of Assessment District No. 87; b. Approve a Budget Amendment appropriating $770,000 from the un- appropriated General Fund balance to cover project design, engineering and other expenses incurred to date that will not be recovered by the City. Or, If greater than or equal to 50% of weighted "Yes" votes versus "No" votes are submitted, then a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: a. Adopt a Resolution making determinations, confirming assessments and proceedings and designating the Superintendent of Streets to collect and receive assessments and to establish a special fund for Underground Utility District No. 87 (Balboa Island) assessment for Assessment District No. 87, ordering the acquisition of improvements, and designating the area an Underground Utilities District. Proposed Assessment District No. 87 (Balboa Island) — Abandonment or Formation of an Underground Utilities District May 12, 2009 Page 2 b. Approve a Budget Amendment in anticipation of the formation and approval of Assessment District No. 87. The proposed Budget Amendment of $20,433,500 will provide $19,207,500 for the design, construction, financing and incidental contingencies, $1,226,000 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $19,207,500 and increase expenditure appropriations by $18,753,250. The difference of $454,250 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district. This Budget Amendment includes $104,058.97 for the related assessments on City - owned properties located at 124 Marine Avenue, 107 Agate Avenue and the Balboa Island Ferry property. c. Adopt a Resolution Approving Utility Improvement Contracts for Utility Improvements for Assessment District No. 87 (Balboa Island). DISCUSSION: On April 28, 2009 the Public Hearing was held for the proposed Assessment District 87 (Balboa Island). After the vote tabulation, the assessed value weighted ballot results showed a 50.2% majority protest, with 505 no votes against and 501 yes votes. At the time the vote counting was completed, Council had already finished its normal business and was in recess awaiting the results of the vote tabulation. With the vote being so close, the Council directed a re -count of the votes to insure the results are accurate. However, as it was too late in the evening to conduct a full recount and much of the staff needed for the recount had been sent home, the item was continued to conduct the full recount on May 12, 2009. To preserve the integrity of the ballots, chain of custody statements have been prepared by those staff members who accompanied the ballots on the evening of April 28 (attached hereto). The ballots since the time of the April 28 Council Meeting have remained sealed in the City Clerk's vault, where they will remain until the recount on May 12. For clarification, both the ballot counting on April 28 and the recount to be held on May 12 were and will be conducted in accordance with Government Code section 53753(e)(1), which governs the conduct of how assessment ballots should be tabulated. There is no case law or additional statutory authority which addresses the continuation of the ballot tabulation. Section 53753 does not specifically require that the completion of the ballot tabulation be concluded on the same day as the public hearing. The best and safest course for the City in light of the lack of statutory or case law on the topic is to follow the course that will lead to the most accurate ballot tabulation — in other words, a full recount conducted in accordance with Government Code section 53753(e) with a documented chain of custody of the ballots. Proposed Assessment District No. 87 (Balboa Island) — Abandonment or Formation of an Underground Utilities District May 12, 2009 Page 3 Similarly, there is little statutory or case law to guide the determination of valid ballots. Section 53753(c) of the Government Code provides in relevant part that: "Each assessment ballot shall be signed and either mailed or otherwise delivered to the address indicated on the assessment ballot." The Official Assessment Ballot provided by the City states "Please mark your ballot in ink ". Accordingly, all signed ballots marked in ink will be counted. Recognizing the space limitations and the necessity of ensuring the integrity of the ballot recounting, staff is requesting that only six (6) members of the public be allowed inside the Fire Conference Room (3 in favor, 3 against the issue, to be determined by the respective groups). The remaining people that wish to watch the proceedings may do so from the balcony and looking through the open windows of the Conference Room. Only eight (8) staff members will also be allowed: Assistant City Attorney, Bond Counsel, City Clerk staff (1), Assessment Engineer staff (4), and Public Works staff (1) inside the counting room. At the writing of this report, Staff is also requesting representatives to the proceedings from the County Registrar's office and the League of Women Voters in an effort to include as much objectivity and transparency as is possible. If both accept the invitation, sixteen (16) people in total would be inside the Fire Conference Room. Upon conclusion of the ballot re- count, result reporting to the City Council and, if a majority protest does exist, Staff recommends the City Clerk record the attached Resolution as notice of the abandonment of the Assessment District. If no majority protest exists, Staff recommends adoption of the Resolutions designating the area as an Underground Utilities District per Municipal Code Chapter 15.32, approving the Final Engineer's Report, confirming the assessments and approving Utility Improvement Contracts with SCE and AT &T — attached to the April 28, 2009 Staff report. Environmental Review: This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption under Section 15302, item "d" of the Implementing Guidelines as follows: "Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding." Funding Availability: Upon formation and approval of the District, funding will be provided by property owner contributions and bonded assessments. See attached Formation Budget Amendment. If the District is not formed, approval of the Abandonment Budget Amendment is required and sufficient funds would be then available to cover the costs incurred to date. Submitted by: avid R. Hunt City Attorney Prepared by: Mynetfe uQho p Assistant City Attorney Proposed Assessment District No. 87 (Balboa Island) — Abandonment or Formation of an Underground Utilities District May 12, 2009 Page 4 Attachments: Ballot Chain of Custody Affidavits Resolution Abandoning the Assessment District Budget Amendment Council Memo from April 28, 2009 and Attachments I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MIKE SINACORI 1. I, Mike Sinacori, am employed by the City of Newport Beach. I am the Assistant City Engineer for the City of Newport Beach. As part of my regular duties, I am assigned to work on Public Works engineering projects, including Assessment District 87. 2. On Tuesday, April 28, 2009, 1 attended the ballot counting for AD 87, held at the City of Newport Beach Fire Conference room after the Public Hearing conducted in City Council Chambers at the regularly scheduled City Council Meeting. 3. After the Public Hearing, City Clerk Leilani Brown handed me the box of sealed ballots and I walked them over to the Fire Conference Room. 4. 1 placed the box on the table in the fire conference room where the City's appointed Deputy City Clerk, Alfred Castanon; Joan Cox, Lisa Thompson, Carol Hill and Diana Shang from Harris & Associates were all sitting. Signed this 51h day of May, 2009 in Newport Beach, CA. d 2 M' a Sinacon, Assistant City Engineer -I- 05/05/09 16:10 „FA% 05(05:.2009 'TUE 15:•'45 FAX 6443139 NB City Attry' s Office .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 2'2 2.4 25 2G 27 28 DECLARATION OF DIANA SHENG [002 ®002 /002 1; I, Diana Sheng, am employed by Harris & Associates. I am a Project Analyst assigned to the Contract with the City of Newport Beach for Engineering and District formation services for proposed Assessment District 87, generally described as Big Balboa Island. 2. On Tuesday, April 28, 2009, 1 attended the ballot counting for AD 87, held at the City of Newport Beach Fire Conference room after the Public Hearing conducted in City Council Chambers at the regularly scheduled City Council Meeting. 3: Mike Sinacord, the City's Assistant City Engineer, arrived at the Fire Conference Room with the sealed ballots In a box. 4; The ballots were opened, sorted and counted, in full public view the entire time. I was present throughout the process. S. Present at various times during the ballot counting were: Dave Webb, City Engineer, Mike Sinacorl, Assistant City Engineer; Joan Cox, Lisa Thompson, Carol Hill and myself from Harris & Associates; Alfred Castanon, Associate Civil Engineer and the appointed Deputy'City Clerk; Brian Forbath, with Stradling, Yocca, Carlson &. Rauth; Aaron Harp, Assistant City Attorney and approximately 40 members of the public. 6: Once the ballots were counted, they were placed In a box. 7. All trash and miscellaneous ballot Items in the Fire Conference room were placed in a box S. Both boxes were In my presence at all times, both boxes were sealed in my presense and were handed over to Assistant City Attorney Aaron Harp and City Engineer David Webb sealed. Signed this 5h day of May, 2009 in Newport Beach, CA. AcA sko a Diana Shang, Harris & Associates 4- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF DAVID WEBB 1. I, David Webb, am employed by the City of Newport Beach as the City's Engineer. As part of my regular duties, I manage, direct, and supervise the City and Public Works engineering projects, including those for Assessment District 87. 2. On Tuesday, April 28, 2009, 1 attended the ballot counting for AD 87, held at the City of Newport Beach Fire Conference room after the Public Hearing conducted in City Council Chambers at the regularly scheduled City Council Meeting. 3. After the City Council took action, Assistant City Attorney Aaron Harp and I took possession of the ballots and the miscellaneous ballot items that were contained in two sealed boxes. 4. We walked from the Fire Conference room directly to the City Clerk's office and delivered the sealed boxes to Leilani Brown, City Clerk. 5. The City Clerk then opened the vault, took custody of the ballots, signed across the taped seal on both boxes, placed the sealed boxes in the vault and locked the vault. Signed this 5t' day of May, 2009 in Newport Beach, CA. David Webb, City Engineer -I- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LEILANI BROWN 1. I, Leilani Brown, am employed as the City Clerk for the City of Newport Beach. 2. As a regular part of my duties, I was present at the April 28, 2009 regularly scheduled City Council Meeting where a Public Hearing was held regarding AD 87. 3. After action was taken by the City Council on AD 87, 1 returned to the City Clerk's Office. 4. When Assistant City Attorney Aaron Harp and City Engineer David Webb arrived at the City Clerk's Office, I opened the City's Vault and took possession of the sealed ballot box and sealed miscellaneous ballot items box from Mr. Harp and Mr. Webb. 5. 1 signed across the taped seal on both boxes, placed the sealed boxes in the vault and locked the vault. Signed this 5t' day of May, 2009 in Newport Beach, CA. 4L � Leilani Brown, City Clerk 4- RESOLUTION NO. 2009 RESOLUTION DECLARING ABANDONMENT OF PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 87 (BALBOA ISLAND) WHEREAS, this City Council has previously adopted its Resolution of Intention and initiated proceedings for the acquisition of certain public works of improvement, namely, the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work, in a special assessment district designated as Assessment District No. 87 (Balboa Island) (hereinafter referred to as the "Assessment District") pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "), Article XIIID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act ") (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law"); WHEREAS, after notice of a public hearing, accompanied by ballot materials, was mailed, a full public hearing on the improvements and assessments was held on April 29, 2009, all in accordance with Assessment Law; WHEREAS, this City Council has received all ballots filed with the City Clerk prior to the conclusion of the hearing, and the Assessment Engineer on behalf of the City Clerk has counted all ballots for and against the formation of the Assessment District as provided in Article XIIID; and NOW, THEREFORE, the City Council of the City of Newport Beach does hereby Determine, Order and Resolve as follows: SECTION 1. The public hearing referred to in the recitals hereof has been duly held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. SECTION 2. This City Council finds and determines based upon the Certificate of Assessment Engineer who conducted the ballot tabulation that a majority of the ballots received are in opposition to the assessment. In tabulating the ballots, the ballots were weighted according to the proportional financial obligation of the affected property. SECTION 3. The proceedings had and taken under and pursuant to the Assessment Law for the work and improvements proposed by said Resolution of Intention in the Assessment District are hereby ordered abandoned. SECTION 4. The City Clerk shall immediately cause the recordation of a certified copy of this Resolution of Abandonment with the County Recorder. The certificate attached to the Resolution shall include a reference to the date of the adoption of this 1 Resolution, the date of the original Resolution of Intention, and the date the map of the Assessment District was previously filed with the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of May, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 2 Mayor STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned CERTIFIES as follows: 1. During all of the times herein mentioned, the undersigned was, and now is, the duly qualified and acting City Clerk of the City of Newport Beach, California. 2. The attached Resolution abandoning proceedings for the construction of certain improvements in Assessment District No. 87 (Balboa Island) was duly adopted on May 12, 2009. 3. Reference is hereby made to a Resolution of Intention, Resolution No. 2009 -12, adopted on the February 24, 2009 for a further and complete description of the works of improvement and assessments proposed for Assessment District No. 87. 4. A map of the proposed boundaries of Assessment District No. 87 was filed in the Office of the County Recorder of the County of Orange on February 27, 2009 in Assessment District Maps Book 93, Page(s) 31 - 47. EXECUTED this day of May, 2009. CITY CLERK City of Newport Beach BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND 8X PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 09BA -053 AMOUNT: $77o,aoo.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To appropriate $770,000 from the unappropriated General Fund balance to cover the project design and engineering expenses incurred to date that will not be recovered by the City for Assessment District 87. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance 4087 3605 Assessment District 87 - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description 4087 6000 Assessment District 87 - Transfers In EXPENDITURE APPROPRIATIONS (3603) Signed: Signed Signed: Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $770,000.00 $770,000.00 $770,000.00 Automatic $770,000.00 s� Date Date Date Description Division Number 9010 ND General Fund Account Number 9900 Transfer Out Division Number Account Number Division Number Account Number Signed: Signed Signed: Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $770,000.00 $770,000.00 $770,000.00 Automatic $770,000.00 s� Date Date Date t.: <. CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO:. Mayor & Members of. City Council FROM: David R. Hun MATTER: Assessment District No. 87; A09 =00034 DATE: May 12; 2009 SUBJECT:. Balloting and Recount SUMMARY A "recount" of the ballots received with respect to this Assessment District is scheduled on May 12, 2009 at the Council's regular meeting. This "recount" is intended to constitute tabulation. of votes under Government Code Section 53753. We address the issues STATEMENT OF FACTS The facts related to the balloting, in this matter Pre public record. All notice requirements under Proposition 218 and associated statutes were met. Assessment ballots were mailed to property owners via correspondence dated March 13, 2009. An exemplar of the correspondence is attached ° hereto as . Exhibit "A." The ballot itself and formal: public notice went enclosed in this correspondence. A copy of the notice is attached hereto as Exhibit "B." A copy of a sample ballot is attached hereto as Exhibit "C" and the enclosed envelope intended as an option for return of the ballot is attached as Exhibit "D." The voting procedures set out in the correspondence, notice, and the ballot are consistent with Proposition 218 and its implementing statutes, specifically Government Code Section 53753. The ballot tabulation was conducted after the public hearing. on April 28, 2009. Following the close of the public hearing, the ballots were counted in the Fire Conference Room. The count was conducted by the Assessment Engineer and her staff, under the supervision and direction of the City Clerk's Office and the Office of the City Attorney, with the assistance of bond counsel. Over 1,000 ballots, out of approximately 1,200, were returned and addressed. The public was allowed to observe the ballot tabulation process. The process itself took approximately two hours to complete. The initial tabulation was then presented to the City Mayor. and'Members of City Council May 12 200` Pagq,2. coo e proposed assessment had failed by a margin- of less than 0.2 %($57,446.50 total assessment of voted bf$l?i368,866.--14.. Inj 4of narrow rnar 2ig)) gia.pri the. assessment and the complicated. nature. of tabulation of ballots, the Assessment Engineer recommended to the Councilthat the tabulation not be finalized that evening. but that the votes be _recounted to confirm they...were correctly 6i6se4 136i ...... , tabulated. She also indicated that this was kiting she had 'ever participated in for an assessment district of this size. In light of the fact that the Assessment Engineer's staff who tabulated the votes had already returned -.home, the 06undl continued the matter to the next Council meeting, that being., May 12, 2009 for: final tabulation of the ballots. All ballot materials'were kept under supervision of City staff or: ts. representatives from the time of opening until the present , The ballot materials were sea . led � into..boxes and escorted to the City Clerk's vault; The. City Clerk signed the seals and confirmed. receipt, of the seated boxes containing the materials and then kicked,thei into thev;auft. 'The chain of custody:9fthe.ri atedals is established pursuant Jo,statements, under Onalty-of-perjury submitted with the staff report. GENERAL LEGAL PRINCIPLES Whilk an assessment ballot is. not an "election" under the Elections code of the`Staie,of California -(boverhment Code ' Secdbn� 53753(e)(4)), it is nonetheless an'"election dri, that votes are 1submitted to establish the desires (if 'the voters. The IegaLprinciples under girding 'elections Are clear. Ballots and election results are to be interpreted .in.&manner calculated to. ascertain the will of the people and to make certain' that mistake or'-� s not frustrated the public volition. (1411ks v. Mouton (1986) 42 Cal.3d 400. 404 [superseded )'208 CalApp on other groumij;', 14ardenian V. lhbrnds '(l 0 -89' 153, 1 6.) T _p ,3d 66 he'-pTopiew mu , st be cdnstrud . led a I nd executed in a' manner' most i . iost likely to result in a.clear and accurate determinattionof the voters preferences. We will: utilize this general,principle in analysing the issues related to this assessment ballot DISCUSSION OF ISSUES The following issues are pertinent to the City Council's action to be taken on May 12, 2009. Issue 1: Does the City Council have authority to complete the tabulation and confirm the vote at a subsequent hearing? Short Answer. Yes. The procedures for tabulation of ballots under Proposition 218 are established by Govemment Code Section 53753. Subsection (e)(1) of Section 53753 governs the manner in. which assessment ballots are to be tabulated. Specifically,. subsection (q)(1) of Section 53753 states in relevant part: Mayor and Members of City Council May 12, 2009 Page 3 At the conclusion of the public hearing conducted' pursuant to subdivision (d), an impartial person designated =by the agency who does not have a vested interest in the outcome of the proposed assessment shall -tabulate the assessment ballots submitted„ and not withdrawn, in support, of or opposition to the proposed assessment. In a city, the impartial person may include, but is not limited to, the clerk of the agency.. The impartial person may use technical methods of tabulating the assessment ballots, including, but not limited to, punchcard or optically readable (bar - coded) assessment ballots. During and after the tabulation, the assessment ballots shalt be treated as disclosable public records, as defined in [Government Codel Section 6252, and equally available for inspection by the proponents and the opponents of the proposed assessment. This is the full extent of the language under the Government Code that controls the balloting tabulation procedures. It has not been interpreted by case law. The goal at election, however, as discussed above, is to accurately tabulate the ballots in.order•to reflect the intent of the voters, here the record owners of the real property to be assessed. Section 53753 does not specifically require the completion of. the ballot tabulatiorr•on the same day as the public hearing. Many assessment:districts are so large that tabulation lasts well into the night and it may be impractical or even impossible to complete the tabulation of ballots immediately following a public.hearing. Additionally, the tabulation of ballots could be complicated by the different, issues raised in the actual presentation of the ballots themselves. Since the goal is to accurately tabulate the ballots so that the intent of the voters is achieved, the continuance of the tabulation to the next Council meeting is the best and the safest course -to follow. Therefore, it is not a violation of the Govemment Code or Proposition 218 tabulation procedures to complete the ballot count at the next regular agenda of the Council. This procedure provides the greatest likelihood of accurate tabulation of the ballots. Issue 2: Are the ballots being tabulated by "an impartial person ?" Short Answer: Yes By "impartial person" the Govemment Code is contemplating an individual "who does not have a vested interest in the outcome of the proposed assessment," i.e. an individual without a specific and direct stake in the actual assessment (Government Code Section 53753(e)(1).) It identifies the City Clerk of the agency as such an impartial person, but does not limit that designation to the Clerk. (Id.) Here, the City Clerk is ultimately responsible for the tabulation of the ballots and either she or her representatives have been involved in the entire procedure. While the actual tabulation is conducted by the Assessment District Engineer and her office that does not remove the impartiality. The Mayor and Members of City Council May 12, 2009 Page 4 Assessment District Engineer does not have a property interest with respect to the assessment nor does. she have a. significant contractual interest.' She is not a potential assessee.. Since the Assessment Engineer does not have a direct property interest and she is acting under the Office of the City Clerk, an "impartial person" has been designated by the City to conduct the tabulation. Issue 3: Are ballots.without "wet signatures" valid and should they be counted? Short Answer: Yes.. Again, there is no law under Proposition 218 that gives direction regarding this speck issue. We analyze the question, therefore, under the general principle of election law that we are to achieve the purposes of the voters and accurately. determine their intent. Therefore, where a ballot. is submitted in -a manner not inconsistent with the procedures established by the City, and where the ballot provides reasonable indicia for authenticity and accuracy, it should be counted. The City's procedures as •set forth in. its letter and ballot do not expressly require a °wet signature." Generally, the balloting materials referto marking, signing, and completing the ballot. (Exhibit. "A," page 1 and 2; Exhibit "C," page 1 and 2-) The, only specific reference to the method of marking or completing the actual: ballot is reflected on.tt a ballot itself. On pa9e one of the ballots it states, `Vlease mark. your battot in -ink. Do-not use pencil." It does not.state anywhere, however, that a.ballot- otherwise marked 10; be rejected. The purpose. of the statement actually is to.prevent the mod cation of,a ballot. Where a ballot is marked with "ink" it cannot.be modified in the same manneras if, it is marked with "pencil." That being the case, a voter would mark and execute a ballot: in ink, and send it via photocopy method, still creating a ballot that would not be easily modified upon receipt. The system is also protected from the risk.of duplicative ballots. The tabulation system employed by the Assessment Engineer identifies whether duplicative ballots have been submitted regarding any individual property. Thus there is no risk regarding. photo copies of ballots throwing off the vote. Each parcel is allowed one ballot. In fact 19 duplicate votes were identified in the counting procedures during the tentative tabulation and only the latest ballot was utilized. The latest ballot is utilized in order to most accuirately reflect the opinion of the voter of the ballot. Thus, absent some indicia from the ballot itself that it has been improperly modified or changed, it should be accepted in order allow for an expression of the voter's intent. 1 The Assessment Engineer's contract with the City provides only for $7,500 in further services after formation proceedings, leaving any other services as merely optional. Mayor and Members of City Council May 12, 2009 Page 5 Issue No. 4: May: ballots be delivered via facsimile? Short Answer. Yes. The'same interpretation would be effective regarding "faxed" ballots. Since it is not Gear that ballots must be presented .to the:Cle.rk in their original status, a faxed ballot, absent some indicia that it has been modified or falsified, is an accurate representation of a voter's intent. Therefore, it should be counted. To act otherwise absent .an express prohibition of either copied or faxed ballots is unfair to the voter who delivered the ballot via facsimile. This interpretation is consistent with the provisions of Government Code Section 53753. 'Subdivision (c) of that section addresses delivery stating in pertinent part, Each assessment ballot shall. be signed and either mailed or otherwise defivered to the address indicated omthe assessment ballot. Regardless of the method of delivery, all assessment ballots shall be received at the address indicated ... [Emphasis added.] Thus the Government Code does not express any preference or prohibitions on' methods of-delivery. Delivery methods reflected in the ballot materials also do not expressly prohibit delivery via facsimile. Certainly, they indicate that the ballots may:.be mailed or hand delivered. Only untimely delivery is expressly prohibited. Ballots received after.the close of the public hearing would not be counted. In our technologically savy environment, individuals may interpret the concept of "personal delivery" as encompassing, facsimile delivery. While that is not clear from the language, to exclude faxed delivery without an expressed prohibition of that method of delivery could unfairly penalized voters who otherwise interpreted the materials to allow for facsimile transmission. For the above reasons, facsimile delivery does not invalidate a ballot absent some other indicia of violation. Issue 5: Are persons with powers of attorney or trustees under a trust authorized to vote a parcel? Short Answer. Yes. Government Code Section 53753 designates that notice shall be given to the "record owner* of each parcel. It does not, however, require that the "record owner" vote the parcel. Subdivision (c) of Section 53753 identifies the individual voting in a general sense. It specifically designates them "the person returning the assessment ballot" and "the person submitting the assessment ballot." Thus, it is anticipated that a record owner may not be the one submitting the actual ballot. Mayor and Members of City Council May 12, 2009 Page 6 It would be inconsistent, however, with the intent of this section to conclude anyone could vote:a.parcel. Subdivision. (e)(2).addresses situations where more than:one of the. "record owners" submits ;a ballot.. Thus; since record owners -are given notice and it is anticipated. they will probably vote the ballot, .there must be.some.authority established in favorof,an actual voter. The law routinely recognizes powers of attorney to affect property interest. A,:power "of attorney 'may be. granted to even convey .or .sell real property. Thus, it would be inconsistent with standard law to:deny an individual who holds the power of attomey of a "record owner" the opportunity to vote a parcel. Therefore, if the power of attorney is identified, that individual should be entitled to vote the parcel. A trustee under a trust document should also be entitled to vote a parcel. A trust is considered a. "person" under law. A trustee of the trust has the powerpursuant to the trust document to affect the property held in: the trust.. As such, a 'trustee, so long as their powers have .been authenticated, it is entitled to vote _parcels that. are held in trust. If a trustee was not entitled to vote, no one could act on behalf of that parcel. For these reasons; individuals who hold the power to -vote the real property. on behalf of a "record owner" are entitled to submit ballots and the ballot should be counted. Issue 6: Short Answer. Yes. The final .Assessment Engineer's report presented at the public. hearing proposed the modification of Assessment No. 1130 (1300 South Bayfront) based upon new information. The new information established that the lot was approximately 1,000 square feet smaller than as proposed to be assessed in the preliminary Engineer's report. Accordingly, the final .Engineer's report reduced the proposed assessment by $6,500. The proposed correction and reduction in the assessment was represented to the Council and the public at the public hearing prior to the tabulation of the votes. While the final Engineers report had not yet been approved by the Council, there were no comments or protests to the modified assessment, the parcel's actual assessment, should the district proceed through assessment, will be the reduced amount. Government Code Section 53750 is clear that the determination of a majority of protest will be based upon ballots weighted based on the actual assessment value. Specifically, Government Code Section 53753(e)(2) states: A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, Mayor and Members of City Council May 12, 2009 Page 7 in its favor, weighting those assessment ballots by the amount of the..proposed assessment to be. imposed upon the identified parcel for which each assessment ballot. was.subrnitted. Thus, the weight is based upon the proposed assessment, here the. reduced amount submitted by the Assessment:Engineer. This result is consistent with the other provisions of, Goverriment Code Section 53753. The notice provisions under subdivision (b),identify the "amount chargeable to the record owner's: parcel" as necessary to be presented in the notice. The ballot material sent by the City identified the "maximum" amount to be assessed on page 1 of.Exhibit "B" (formal public notice) and the ..ballot itself identifies the. "proposed maximum . assessment." (Exhibit "C "page 1.) Thus there is nothing Inconsistent in the code section or the ballot materials with the correction of an assessment downward. Consistent with the intent of Proposition 218 and the G.ovemment Code for calculating a majority protest through the weighting of. votes based' upon the. actual assessment value, Assessment 1130 should have a .weighted .vote based upon the actual intended - assessment value, heie'the corrected the amount. OISICLat1SION The •Gouncit is "fully within its authority to :complete the tabulation through a recount at the Meq 12 , 2009, hearing. The tabulation should be completed consistent with the goals of the. statute related to the voter's intent and to weighting the ballot based upon assessed value. Please feel free to contact the undersigned should you have any questions or concems. Exhibit "A" Assessment Ballot mailed to property owners via Correspondence Exhibit "B" Formal Public Notice Exhibit "C" Sample Ballot Exhibit "D" Enclosing Envelope Cc: Homer Bludau, City Manager Leilani Brown, City Clerk Steve Badum, Public Works Director M&CC loom DRH 05.1208 re SaRoft & Recount EXHIBIT "A" (Assessment Ballot mailed to property owners via Correspondence) Memo to Mayor & City Council dated 05.12.09 Re: Balloting and Recount FOR March 13, 2009 Re: City of Newport Beach Proposed Assessment District No. 87 Dear Property Owner: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director The City Council of the City of Newport Beach has initiated proceedings to consider the formation of an assessment district, designated as Assessment District No. 87 (the "Assessment District') to finance the conversion of the overhead electrical and communication facilities to underground locations, together with appurtenant work in connection therewith, which improvements will specially benefit the properties within the boundaries of the proposed Assessment District. The City Council will also consider designating the Assessment District area an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach_ The City Council has scheduled a public hearing to receive testimony either in favor of or in opposition to the proposed Assessment and the designation of the Assessment District area as an underground utilities district. The public hearing will be held at the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California, on the following date and at the following time: Public Hearing: April 28, 2009 at 7:00 p.m. Enclosed with this letter you will find a copy of the formal legal notice for this public hearing. This notice contains important information regarding the rights of the record owners of property within the proposed Assessment District to be heard regarding the formation of the proposed Assessment District. It is recommended that you read this letter and the notice carefully. The record owners of property subject to the imposition of an assessment also have the right to express their support of or opposition to the proposed assessment through an assessment ballot procedure. In order to comply with this assessment ballot procedure, an assessment ballot and other materials are being sent to you as one of the record owners within the Assessment District to enable you to exercise your right to submit your ballot on the proposed assessment. The Assessment Ballot, which is the yellow piece of paper with your name and address on it, shows the maximum assessment amount proposed for your property. One of the most important documents in this material is the Assessment Ballot. It must be marked, signed and returned by mail or in person no later than the close of the.public hearing on Tuesday, April 28, 2009 to be counted. (Please see the enclosed documentation for where and when to return your Assessment Ballot.) The City will be authorized to form the Assessment District and impose the assessments only if fray percent (50 %) or more of the assessment ballots submitted are in favor of the levy of the assessments. The Assessment Ballots will be weighted based upon the amount of the assessment proposed to be levied against individual parcels. Therefore, whether you are in favor of or opposed to the Assessment District, it is important that all record owners complete,and submit their Assessment Ballots to the City so that your support of or opposition to the Assessment District will be tabulated (over) 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, Californla 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us Letter to Property Owner Proposed Assessment District No. 87 March 13, 2009 Page 2 Enclosed in this package you will find the following documents to assist you, as the record owner of property subject to a possible assessment, in exercising your right to submit an Assessment Ballot regarding this proposed assessment: 1. Notice of Public Hearing 2. Official Assessment Ballot (the yellow piece of paper with your name and address on it) 3. Instructions regarding submission of Assessment Ballots 4. Self - addressed Return Envelope In order for your assessment ballot to be tabulated, it must be completed as described on the official ballot and received either by mail or in person by the City Clerk, at any time prior to the conclusion of the Public Hearing to be held on April 28, 2009: • Mail Delivery: If by mail, place the ballot in the mail in sufficient time to be received no later than April 28, 2009. If your ballot is not received by this rime, the ballot will not be counted. Please mail the ballot to the City Clerk at 3300 Newport Boulevard, Newport Beach, CA 92663 -3884. Please note that postmarks will not be accepted • Personal Delivery: The ballot can be delivered to the City Clerk at any time up to the close of the Public Hearing on April 28, 2009. Please deliver the ballot to the City Clerk at 3300 Newport Boulevard, Newport Beach, California. The Public Works Department and the public utilities companies have scheduled an informal public meeting at which time plans will be made available and detailed questions may be asked about the project in general or about your specific property. This informal public meeting will be held at the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California the following date and at the following time: Informal Public Meeting: Tuesday, March 31, 2009, at 6:30 p.m. If you have questions regarding this information, please call Alfred Castanon, Associate Civil Engineer, at (949) 644 -3314 Monday through Friday, between 8:00 a.m. and 5:00 p.m. You may also email your questions to ACastanon @city.newport- beach.ca.us. For more information, please see the City's website at: www.city.newport- beach. ca. us /Pubworks/ Assessment ° /*20Districts /AD_87.htm Thank you for your consideration of this issue. EXHIBIT "B" (Formal Public Notice) Memo to Mayor & City Council dated 05.12.09 Re: Balloting and Recount Notice to Property Owners and Assessment Ballot for the proposed City of Newport Beach Assessment District No. 87 I. Notice This notice informs you, as a record owner of property within the proposed Assessment District, that on February 24, 2009, the City Council of the City of Newport Beach adopted a Resolution of Intention in which it declared its intention to form Underground Utility Assessment District No. 87 and has scheduled a Public Hearing concerning the proposed Assessment District. The Public Hearing will be held during a regular meeting of the City of Newport Beach City Council on April 28, 2009, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 3300 Newport Blvd., Newport Beach, Califomia. All interested persons are invited to attend the Public Hearing and express opinions on the matter of the proposed Assessment. Persons who wish to submit an assessment ballot should mail or personally deliver it to the address drown below and in accordance with the directions provided on the back of the ballot shown as: 'Summary of Assessment Ballot Procedures' • Mail Delivery: If by mail, place the ballot in the mail insufficient time to be received no later than April 28, 2009. If your ballot is not received by this time, the ballot will not be counted. Please mail the ballot to the City Clerk at 3300 Newport Boulevard, Newport Beach, CA 92663 -3884. Please note that postmarks will not be accepted. • Personal Delivery: The ballot can be delivered to the City Clerk on or before the close of the Public Hearing on April 28, 2009. Please deliver the ballot to the City Clerk at 3300 Newport Boulevard, Newport Beach, California. II. Assessment Information 1. Name of Assessment: Underground Utility Assessment District No. 87 2. The Total Proposed Assessment for the Whole Assessment District: $20,440,000. 3. Your Proposed Total Assessment: The proposed maximum assessment on your , property is shown on the enclosed yellow ballot. The proposed assessment.upon each parcel also includes an amourd to pay the annual administrative costs of the Assessment District incurred by the City and not otherwise reimbursed. The maximum annual assessment for admiriMirative costs shall not exceed $50 per parcel, subject to an annual increase based on the increase in the Consumer Price Index. Approval of the Assessment District by the ballot procedure will also approve the administrative cost assessment. 4. Duration of the Proposed Assessment: If the assessments are confirmed, you will be given a separate notice that you have the option to pay all or part of the assessment in cash for at least 30 days. This will allow you to save certain bond costs and clear the property of the assessment without any interest or penalty. If left unpaid, the assessments will continue to be collected against the properties in the Assessment District on the property tax bills as long as needed to pay installments of principal and interest on the proposed assessment bonds, but not to exceed 15 years from the date of such bonds. The proceedings for the fomration of the Assessment District, the levy of assessments, and the designation of the Assessment District area as an underground utilities district are being undertaken pursuant to the 'Municipal Improvement Act of 1913' (Division 12 of the Califomia Streets and Highways Code ), Article XIIID of the Constitution of the State of Califomia, and the Proposition 218 Omnibus Implementation Act (section 53750 et seq. of the California Government Code) and ordinances of the City of Newport Beach. The bonds to be issued will represent unpaid assessments in accordance with the 'Improvement Bond Act of 1915' (Division 10 of the California Streets and Highways Code). The assessments will be collected in installments over time. If the City Council approves the formation of the Assessment District and the levy of assessments, a thirty (30) day cash collection period will follow, and, thereafter,. bonds will be issued to represent the unpaid assessments. The interest rate on the bonds shall be determined at the time of their sale. 5. Reason for the Assessment: The City of Newport Beach is proposing to levy assessments for the conversion of existing overhead electrical and communication facilities to underground locations within the area generally described as Big Balboa Island, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties wi0rin Assessment District No. 87. 6. Calculation of the Assessment: The assessment is proposed on all parcels that receive direct and special benefit from the undergrounding of overhead utilities. The amount of each proposed assessment was calculated based upon the proportional special benefit received by each parcel to be assessed. The exact method and formula of spreading the assessment is set forth in the Assessment Engineers Report for the Assessment District, a copy of which is on file with the City Clerk, available for inspection, and on the City's website at: www. city.newport -beach.r-a.us/Pubworks/ Assessment %20D!stricts /AD_87.htm Notice to Property Owners and Assessment Ballot for the proposed City of Newport Beach Assessment District No. 87 Page 2 of 3 The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing wood poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to the facilities as follows: • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. • Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. • Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. Methodolosnr Based upon the findings described above, the special benefit received by the properties within the boundaries of the Assessment District is the conversion from an overhead to an underground utility system resulting in additional safety, enhanced reliability, and improved aesthetics to the adjacent properties. Based on these conditions, it is our conclusion that the improvements specially benefit all assessed properties in the Assessment District. To establish the benefit to the individual parcels within the Assessment District, The highest and best use of each property is considered. For example, a vacant property is considered developed to its highest potential and connected to the system. The more a property is developed, the more it benefits from the proposed improvements. Most of properties within this Assessment District are zoned for either residential or mixed -use commercial, and many are built out to cover virtually the entire property with buildings — basically having almost full utilization of the property. There is a direct correlation between the size of a property arid the extent to which a property may develop. Because parcel size is one of the main limiting factors for what can be built on a property, or the extent the property is developed, the size of each parcel is used as the base unit for measuring benefit. The area of each property has been rounded to the nearest 100 square feet (sf), which accounts for any mirror area calculation inconsistencies. The area of a condominium is calculated by taking the area of the base parcel and dividing by the number of condominiums. The special benefits from the undergrounding of overhead utilities are categorized into the three (3) distinct benefits identified above. All parcels within the District, except for the few exceptions identified below, receive 3 of the 3 benefits (which is a factor of 1). Therefore, their rounded parcel areas are multiplied by 1 to calculate the 'Assessed Parcel Area" on which costs are apportioned. Exceptions 1. Asmt No. 1181, City property located in the Main Channel at the intersection of Agate Avenue and South Bay Front, and is the docking point for the Balboa Island Ferry. This property is located entirely in the bay and has some pier structures for the ferry landing and fueling station. The bulk of this property is submerged and does not benefit from utility undergrounding. However, the piers within the boundaries of this property do receive special benefit from the improvements. These pier structures are approximately 5,000 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 5,000 sf. Each parcel will be apportioned its fair share of the construction costs based on the Benefit Units assigned to it. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. The assessment shown on the ballot is the maximum amount that can be assessed. The assessment may be reduced by the bond issuance amount of approximately 13.25 %d the property owner decides to prepay the assessment prior to the bond sale. 7. Assessment Balloting Results: If 50% or more of the weighted assessment ballots returned support the Assessment District, the Assessment District may be established, and the assessment amount shown on the enclosed ballot may be imposed. If a majority of the ballots returned oppose the Assessment District, the assessment will not be imposed and the utility undergrounding will not occur. Assessment ballots are weighted proportionally by each parcel's proposed assessment amount. (This essentially means 1 vote for each $1 of assessment.) Notice to Property Owners and Assessment Ballot for the proposed City of Newport Beach Assessment District No. 87 Page 3 of 3 111. Underground Utility District At the public hearing, the City will also consider whether or not to designate the area of the proposed Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach. In general, designation of the area as an underground utilities district would require that utility companies and property owners place utility lines and connections underground. Each owner of property located within the assessment district would be responsible for arranging for, and paying for, the work on his or her property necessary to connect facilities constructed by the public utilities on public rights -of- -way to the points of connection on their private property. The cost of the conversion of the individual service connections on private property is not included in the work to be financed through the assessment district. Failure to convert individual service connections on private property may result in a fine, an assessment for the conversion cost, or loss of service. IV. Questions Regarding These Proceedings If you have any questions about the proposed Assessment or this process, please call Alfred Castanon at (949) 644 -3314, Monday through Friday, 8:00 a.m. — 5:00 p.m. Questions may also be e- mailed to ACastanon @city.newport- beach.ca.us. EXHIBIT "C" (Sample Ballot) Memo to Mayor & City Council dated 05.12.09 Re: Balloting and Recount City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 «OWNER» «MSTREET» «MCITYSTZIP» OFFICIAL ASSESSMENT BALLOT City of Newport Beach Underground Utility Assessment District No. 87 Assessment Number: Assessor's Parcel Number: Parcel Address: «ASMT_NO» "APN,, «SADD» The proposed Maximum Assessment: «MAX_ASMT" The person completing and submitting this assessment ballot must be the record owner of the properly identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner. Please see "Summary of Assessment Balloting Procedures" on the back of this ballot for assistance in filling out the ballot. If there are two or more property owners, only one needs to sign and return the ballot. Please mark your ballot in ink. Do not use pencil. Upon completion, fold the assessment ballot, place it in the return envelope and seal the envelope. Mail or deliver the assessment ballot to the address shown on the return envelope pursuant to the instructions on the back of this ballot. Please see the "Summary of Assessment Ballot Procedures" on the back of this sheet. For additional information about Underground Utility Assessment District No. 87, please see the enclosed legal notice. This is not a bill. X Please cut along this line, fold the ballot, seal in the provided envelope, and return to the City Clerk X - --- -- --- - - ---- ------------------------------------------------------------------------------------------------------------------- PROPERTY OWNER ASSESSMENT BALLOT Assessment Number: "ASMT_NO» Assessor's Parcel Number: «APN» O Owner Name: «OWNER» Maximum Assessment for this Parcel: -MAX ASMT" IIJ Yes, I am IN FAVOR of Underground Utility Assessment District No. 87 and the levying of the Proposed Assessment IlJ and the annual administrative cost assessment IpIIi I111pl11fil11111l1tillED No, I am OPPOSED to Underground Utility Assessment Nt 9 District No. 87 and the levying of the Proposed Assessment and the annual administrative cost assessment The undersigned certifies under penalty of perjury that the undersigned W is entitled to complete and submit this assessment ballot. Signature of person completing assessment ballot Print name of person completing assessment ballot SUMMARY OF ASSESSMENT BALLOT PROCEDURES If you are the owner of the property described on the enclosed ballot, or the authorized representative of the record owner, you may submit the enclosed ballot to the City to support or oppose the Underground Utility Assessment District. Please follow the instructions below to complete and return your ballot. 1. Register your vote on the enclosed ballot in favor or against the proposed Underground Utility Assessment District by placing an "X" in the corresponding box. 2. Mark and sign your ballot in pen. (Assessment Ballots received without a signature will not be counted.) Do not use pencil. 3. Fold your ballot and place it into the provided return envelope, and seal the envelope. 4. Mail or personally deliver your ballot to the City Clerk of the City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 -3884. The City must receive mailed assessment ballots by April 28, 2009. Postmarks will not be accepted. 5. Assessment Ballots must be received by the City Clerk prior to the close of the Public Hearing concerning the proposed Underground Utility Assessment District on Tuesday, April 28, 2009, at the Newport Beach City Halt Council Chambers. Any ballots received after the close of the Public Hearing cannot legally be counted. 6. Following the close of the Public Hearing, the City Clerk or designee will tabulate the assessment ballots received. The ballots are weighted by the assessment amount for each property. (Simplified, this means one vote per each dollar of assessment.) 7. The Underground Utility Assessment District may be confirmed unless a majority protest exists. A majority protest exists if, upon the close of the April 28, 2009 Public Hearing, the monetary value of the ballots submitted in opposition to the Underground Utility Assessment District exceeds the monetary value of the ballots submitted in favor of the Underground Utility Assessment District. 8. If a majority protest exists based upon the value of the ballots received by the City Clerk, prior to the close of the April 28, 2009 Public Hearing, the Underground Utility Assessment District will not occur. 9. Your assessment ballot is not confidential and may be subject to public disclosure. The information in this notice and the accompanying materials were compiled and are distributed at public expense by the City of Newport Beach in compliance with Proposition 218. This information is presented in the public interest His not intended to influence or attempt to influence the actions of the voters to vote 'yes" or "no" on the enclosed ballot. EXHIBIT "D" (Enclosing Envelope) Memo to Mayor & City Council dated 05.12.09 Re: Balloting and Recount Assessment Ballot Enclosed Do Not Open until after the Public Hearing (Assessment District No. 87) CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 -3884 No. 9 Remm Envelope CI ANe"od BeachW871noticesTublic HeadnglAD 87 99 env FINAL 2mar09.doc Place stamp here 'RECElU DER AGENDA PRiNZ: RECEIVED � �alv9 ZE 5-1900 0 32 Mayor M QF City of Newport Beach � CITY ( NEWPORT 6EA(11 I was very disappointed with action of the City Council regarding Underground Utilities on Balboa Island. You stated in an open meeting to the people on Balboa Island, that the decision would be by the people and that if there was only one vote difference, that the vote of the people would stand. The Assessment Engineer provided very good factual information to help us make our decision. It was obvious that she strongly favored passage. It must have been disappointing to her when it failed. You accepted her recommendation to have recount. Was that because the staff was not competent enough to do it right the first time, or were there some other reasons for the recommendation? Generally, recounts come from a challenge from one of the sides involved in the vote. I have never heard a governmental agency conduct a vote, then say after the results of the vote are known that a recount is needed. It sounds very, very strange. When it was suggested that the recount be done right then, when you had all the ballots there in front of you, it was rejected. That causes suspicion to many people. At the neat City Council meeting will you ask the Council to accept the original vote as counted before the recount is taken ? If you do recount the vote, will you make sure that only the exact same ballots be included in the recount, no additions or deletions ? There are many citizens in our city watching how this is handled. Trust in our government is waning on the federal level. Let's hope that it doesn't happen at the local level. (ft G r 4"A.A Vic Sherreitt 400 S. Bay Front Balboa Island, Ca 92662 949 673 -6640 May 12, 2009 TO: Honorable Mayor and Newport Beach City Council Members SUBJECT: Existing Sewer and Water Utilities on Balboa Island Dear Honorable Mayor and City Council Members: With the possible close defeat of the project to put Edison Power Lines, Telephone and Cable Lines underground, the following measures can and should have design drawings and work undertaken within months of the following (the work is part of the $2,000,000 committed by the City if the voted under- ground work was approved.): 1. Replace the E -W sewer lines and manholes along the alleys at the North Bay and South Bay. In checking with a Public Works Engineer yesterday at City Hall, the existing sewer lines, some long ago constructed with brick, it was shown that the depth of the sewer lines sloped Eastward from 4 feet to 8 feet. Since the water table at the alleys are perhaps from 3 -1/2 feet to 4 -1/2 feet below grade, special shoring of trench walls and pumping of water, to drop the water table, will be required. Also, State Construction safety rules require side wall shoring when excavation depth exceeds 5 feet. The excavation width required at grade level may require removal of the entire alley paving progressively during the sewer replacement. 2. When the sewer lines and manholes are replaced and connections to N -S existing branch sewer lines in the alleys are re- connected, it would follow wisely that the power, telephone and cable lines in the E -W alleys be placed underground, permitting removal of the existing power lines. Owners of the homes on both North and South Bay fronts should be contacted for their majority favor to the underground work on their utilities be done in conjunction with the sewer replacement, at a very reduced cost due to ease of placement without the need to cut, remove and replace existing concrete alley paving. 3. The replacement of the main waterline under Park Avenue and perhaps Balboa Avenue will require removing existing, badly cracked and deteriorated concrete for trenching. The City should investigate the cost of sequentially removing the existing paving, compacting and underlying soil to a depth that will allow placing a six -inch layer of road base crushed rock and a four -inch, or thicker, two course asphalt paving. Honorable Mayor and Newport Beach City Council Members May 12, 2009 Page 2 of 2 The asphalt paving, similar to that on Bayside Avenue, will eliminate the cracking of concrete paving by uneven bearing capacity of the soil below. Replacing the paving with concrete with epoxy coated reinforcing steel, doweled pour joints and saw -cuts at 15 -foot maximum spacing is an expensive alternate paving. I was told that Alfred Castanon, Associate Civil Engineer, who is in charge of developing plans for the replacement of the major utility lines, was not in the office yesterday, and probably not today. A request is made that the City Council request the Public Works Department to evaluate and recommend the above, or alternate methods to modernize the major utilities. Respectfully yours, Ben L. Schmid, C.E. #8000 203 Pearl Avenue Balboa Island (Resident and Owner for the past 40 years) NOTICE OF APPOINTMENT AS DEPUTY CITY CLERK Notice is hereby given that David Webb is appointed Deputy City Clerk effective May 12, 2009. This appointment shall continue until May 13, 2009 and is for the purpose of tabulating ballots for proposed Assessment District No. 87 at the City Council meeting of May 12, 2009. �4� _ Leilani I. brown, City Clerk Date NOTICE OF APPOINTMENT AS DEPUTY CITY CLERK Notice is hereby given that Michael Sinacori is appointed Deputy City Clerk effective May 12, 2009. This appointment shall continue until May 13, 2009 and is for the purpose of tabulating ballots for proposed Assessment District No. 87 at the City Council meeting of May 12, 2009. coax �0,rowv-J Leilani I. Brown, City Clerk 5! n 101 Date f/5-- 51jt�,1I City of Newport Beach Utility Underground Assessment District No. 87 ASSESSMENT BALLOT TABULATION RESULTS (Re -Count on May 12, 2009) Total of Ballots Received Total "Yes" Ballots Total "No" Ballots No. of Ballots: 1, pD(o No. of Ballots: 5(3D No. of Ballots: 5O l Asmt Amt: $ 1-7.1 371, y5/ Asmt Amt: $ 8t (,3 a . L(7Y Asmt Amt: $ �, 738, 977 Asmt Amt Asmt Amt Percent Yes: 4 q , 7 % Percent No: 'S-D- 3 % Ballots tabulated by: Harris & Associates Joan E. Cox, P.E., Project Manager Date: (2- - Q: \Newport Beach \AdSAVotes \Re -Count l2May09 \6aliut results form by asmLdoc 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT CCh�r`S f:CEn:ry.P U1 r,'e;':.s :urt Pa�. / Agenda Item No. I5 April 28, 2009 TO: Mayor and Members of the City Council FROM: Public Works Department Alfred Castanon 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 87(BALBOA ISLAND) — AN AREA GENERALLY BOUNDED BY BAY FRONT NORTH AND SOUTH, AND BALBOA ISLAND WEST OF COLLINS ISLE AND EAST OF GRAND CANAL — FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT Recommendations: 1. Open public hearing on the formation of Assessment District No. 87. 2. Hear testimony from those who desire to speak. 3. Close the public hearing. 4. Count ballots. 5. If greater than or equal to 50% of weighted "Yes" votes versus "No" votes are submitted, then a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: a. Adopt a Resolution making determinations, confirming assessments and proceedings and designating the Superintendent of Streets to collect and receive assessments and to establish a special fund for Underground Utility District No. 87 (Balboa Island)assessment for Assessment District No. 87, ordering the acquisition of improvements, and designating the area an Underground Utilities District. b. Approve a Budget Amendment in anticipation of the formation and approval of Assessment District No. 87. The proposed Budget Amendment of $20,433,500 will provide $19,207,500 for the design, construction, financing and incidental contingencies, $1,226,000 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $19,207,500 and increase expenditure appropriations by $18,753,250. The difference of $454,250 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district. This Budget Amendment includes $104,058.97 for the related assessments on City - owned properties located at 124 Marine Avenue, 107 Agate Avenue and the Balboa Island Ferry property. Proposed Assessment District No. 87 — Area Generally Bounded by Bay Front North and South and Balboa Island West of Collins Isle and East of Grand Canal — for Underground Utilities and Designation as an Underground Utilities District April 28, 00 Page 2 2 C. Adopt a Resolution Approving Utility Improvement Contracts for Utility Improvements for Assessment District No. 87 (Balboa Island). d. Approve the Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth and authorize the Mayor and City Clerk to execute the Agreement. 6. If desired, abandon the proceedings. Discussion: On February 24, 2009, City Council accepted a Preliminary Engineer's Report for proposed Assessment District No. 87, and adopted a Resolution of Intention in order to form the District, and set a public hearing on April 28, 2009 for the Assessment District. The locations of the proposed District and overhead facilities to be removed are shown on the attached District Boundary Map. Public Notice for this Public Hearing was mailed out on March 13, 2009 to provide a minimum 45 -day noticing to property owners within the proposed district boundary. Two modifications have been made to the Engineer's Report since February 24: 1_ The parcel size for Assessment No. 1130 (1300 S Bay Front) was corrected to reflect a smaller size of 1,500 sf (versus 2,500 sf originally assigned). To accommodate this change and make sure no other assessments were increased, reductions were made in the construction and incidental contingencies. The Total Amount to Assessment was decreased by a total of $6,500. 2. The estimated contribution from the utilities for an Equivalent Overhead System has been increased to $2.7 million per information we received from Edison. The cost of the overall construction project was increased accordingly so there is no bottom -line change in the construction costs except as identified in (1) above. On March 31, 2009, a formal public information meeting was held with property owners in the City Council Chambers to discuss the proposed District with approximately eighty (80) people in attendance. Concerns were raised about the high costs in these economic times, construction timing and the impact of year -round construction on the tourist industry on the island. The procedure being used for the formation of this District is the Municipal Improvement Act of 1913. The project will be financed by municipal bonds over a period of 15 years. Plans and specifications for the project were prepared by the respective public utilities, which will own and operate the underground facilities that will be paid for by the Assessment District. 1: +q.,. Proposed Assessment District No. 87 —Area Generally Bounded by Bay Front North and South and Balboa Island West of Collins Isle and East of Grand Canal - for Underground Utilities and Designation as an Underground Utilities District April 28, 2009 Page 3 The proposed District will underground all overhead electrical, telephone, and cable TV lines. However, each property owner will be required to underground and connect his or her individual house services. The cost to convert the house services is not a part of the Assessment District and must be contracted separately by the private property owners. The total cost of the District is $20,433,500, which excludes the Federal Income Tax Component of Contribution (ITCC) Tax, similar to Assessment District Nos. 101 and 99 -2. The method of assessment is determined by an analysis of benefit a property receives from the proposed undergrounding of the existing overhead utilities. This assessment methodology assigns benefit factors based on three separate criteria: aesthetics, safety, and reliability. 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 lot size 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. The costs were then prorated to each parcel based on the number of benefit points assigned. The estimated assessments range from $5,809 to $78,740, with an average of $16,782. The following is a summary of each property with special consideration: • Assessment No. 1181, APN 050 - 052 -30 — This is City property located in the Main Channel at the intersection of Agate Avenue and South Bay Front, and is the docking point for the Balboa Island Ferry. This property is located entirely in the bay and has some pier structures for the ferry landing and fueling station. The bulk of this property is submerged and does not benefit from utility undergrounding. However, the piers within the boundaries of this property do receive special benefit from the improvements. These pier structures are approximately 5,000 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 5,000 square feet. If no majority protest exists, staff recommends adoption of the attached Resolutions designating the area as an Underground Utilities District per Municipal Code Chapter 15.32, approving the Final Engineer's Report, confirming the assessments and approving Utility Improvement Contracts with SCE and AT &T. Proposed Assessment District No. 87 —Area Generally Bounded by Bay Front North and South and Balboa Island West of Collins Isle and East of Grand Canal — for Underground Utilities and Designation as an Underground Utilities District April 28, 2009 Page 4 Environmental Review: This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption under Section 15302, item "d" of the Implementing Guidelines as follows: "Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding." Funding Availability: Upon formation and approval of the District, funding will be provided by property owner contributions and bonded assessments. See attached Budget Amendment. Prepared by: 4P**4 Alfred Castanon Associate Civil Engineer Submitted by: Stephen G. Badum f';\�ublic Works Director Attachments: February 24, 2009 Council Report (without attachments) District Boundary Map Resolutions Final Engineer's Report Professional Services Agreement with Stradling, Yocca, Carlson & Rauth Budget Amendment 0, CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No February 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: Proposed Assessment District No. 87 (Balboa Island) — Area Generally Bounded by Bay Front North and South and Balboa Island West of Collins Isle and East of Grand Canal Recommendations: 1. Adopt the following Resolutions for Proposed Assessment District No. 87: a. Resolution No. 2009 - Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for Proposed Assessment District No. 87. b. Resolution No. 2009- Declaring Intention to Order the Construction of Certain Improvements in Proposed Assessment District No. -87; 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 No. 2009- _ Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 87, Setting a Time and Place for a Public Heating as April 28, 2009; and Ordering the Initiation of Assessment Ballot Procedures. History: Owners of property located in Proposed Assessment District No. 87 submitted petitions to the City, in the Winter of 2003, requesting the formation of a special assessment district to underground overhead utilities. On January 5, 2004, Harris &_Associates certified that owners representing approximately 60.8% of the assessable property area within Proposed Assessment District No. 87 had signed a petition for undergrounding overhead utilities. Discussion: Assessment District No. 87 is being proposed for the conversion of existing overhead utilities to underground locations. The property owners within the boundary of the Proposed Assessment Distrct No. 87 —for Undergrounding Utilities and Designation as an Underground Utilities District February 24, 2009 Page 2 proposed Assessment District will bear the cost . of the improvements and their associated proceedings. 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 up to a 40 -year term and are issued to finance assessments not paid in cash within 30 days after confirmation of the assessment. Staff is recommending a 15 -year term for this District. Federal Income Tax Component of Contribution Tax (ITCC) has been eliminated pursuant to subsequent Council direction. The ITCC is a tax assessed whenever private party contributions in aid of construction (CIAC) are made. To date, Underground Utility Districts have not been assessed this tax as underground utility districts are viewed as providing public benefit by increasing community aesthetics and public safety. To date, City Council has approved a total appropriation of $669,250 for the preliminary stages of this project including $125,000 to retain the firm of Harris & Associates as the assessment engineer, and $454,250 and $90,000 to SCE and AT &T, respectively, to prepare the engineering drawings for the District. If the District is formed, these costs are incorporated into the project costs. If the District fails to form, the City is responsible for these costs. The total assessment for Proposed Assessment District No. 87 is estimated as follows: ITEM COST Cost of Construction $16,429,941 Incidental Costs and Expenses $1,302,059 Financing (Bond) Costs $2,708,000 Estimated Total Cost: $20,440,000 Estimated cost does not include the Federal Income Tax Component of Contribution (ITCC) tax, which is a betterment tax. Bond Reserve for this district is estimated at five and three - quarter 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 13.25 percent. In an effort to reduce costs and minimize disruptions in the area, City staff is planning on concurrent projects to replace water and sewer. lines within Balboa Island. The timing of these projects will enable a savings to both the assessment district and the City because of shared repaving costs. In addition to the payment of the assessment, each property owner is responsible for the costs of connecting the main service conduit in the public right -of -way to the property owner's home or business. The cost to the property owner for this conversion varies depending on the condition and location of the current electrical service. Each property owner is encouraged to contact a licensed electrical contractor to assess the particular property needs. Proposed Assessment District No. 87 —for Undergrounding Utilities and Designation as an Underground Utilities District February 24, 2009 Page 3 • The following is a tentative schedule for proposed Assessment District No. 87: Resolution of Intention February 24, 2009 Property owner information meeting mAac -A -3t 2009 Public Hearin April 28, 2009 Public utilities commence work _ July 6, 2009 Property owners notified to install service connections January3,2011 Property owners complete conversions Aril 19, 2013 Public utilities begin to remove overhead structures May, 2013 Public utilities finish removing poles and overhead structures August, 2013 The Assessment Engineer used a lot size" methodology to apportion assessments within this District, considering that all properties are receiving the same Safety, Connection (or reliability) and Aesthetic benefit. The special benefits from undergrounding the overhead utilities were defined as follows: 1) Additional Safety Benefit — This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. 2) Connection Benefit — This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. 3) Improved Aesthetic Benefit - This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. 'Parcel size rounded to the nearest 100 square feet to account for minor area calculation inconsistencies. The range for the estimated assessment costs per parcel is $5,875 to $79,632, but over 86% of all the properties are assessed $16,972 or less. Assessments vary over a wide range due to the variation of property sizes. The following is a summary of each property with special consideration: • Assessment No. 1181, APN 050- 052 -30 — This is City property located in the Main Channel at the intersection of Agate Avenue and South Bay Front, and is the docking point for the Balboa Island Ferry. This property is located entirely in the bay and has some pier structures for the ferry landing and fueling station. The bulk of this property is submerged and does not benefit from utility undergrounding. However, the piers within the boundaries of this property do receive special benefit from the improvements. These pier structures are approximately 5,000 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 5,000 square feet. Proposed Assessment District No. 87 —far Undergrounding Utilities and Designation as an Underground Utilities District February 24, 2009 Page 4 Drawings and specifications for this assessment district were prepared by SCE, AT &T, and Time Warner Cable. Public Notice: At the proponents request City staff held an informal Public Information Meeting for Balboa Island property owners on February 14, 2009 at the Balboa Island Fire Station. The formal Public Information Meeting is scheduled for 6:30 p.m. on March 31, 2009 at the City Council Chambers. Residents will be notified in their ballot that they receive in early March. Environmental Review: A Notice of Exemption was completed February 04, 2009 and filed with the County Recorder. The recorded copy has not been returned to the City. Funding Availability: Funds will be provided by property owner contributions and / or bond proceeds if the assessment district is approved. Prepared by: aim�CCvn6n Alfred Castanon Associate Civil Engineer Attachments: Submitte by: tephen G. Badum Public Works Director 1. Resolution Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for the Proposed District No. 87 2. 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 3. Resolution Giving Preliminary Approval to the Report of the Assessment Engineer, Setting a Time and Place for a Public Hearing as April 28, 2009; and Ordering the Intention of Assessment Ballot Procedures 4. Notice of Exemption 5. Preliminary Engineer's Report 11 • I [Bill MINIM-- octal= 1 �J o fi i7 Gi i!9 Gi E � i�l E.� i Fi(( � L•tY� 0� ! E i7 Glib Ilf am �'ii G7 flip Ci�� GijiMJ rC' f pC7 YIY Gi i5 Gl,�i w, © mil Gii�iE4Nl 6 i ©� w1�c cl t Gae w �II� lima iii Gi � l• iii f� � ��,i• t1i/ il.. ^1,�9 w i' Gi � G7 �i Gl�li Ii ` ���' . G• is w � ¢s: w �l ii Gl,� w w Gfr ��������`� � r® ow,� © � ,�,•� ;� � ��j� � w � w r� dr!�w w�i �© w � da © w art ©rci ,�ti� � , � l• C7 � l• ©mil hft� w ©!ten AP tJl� � � � w iiitl l• El.i� �tl � SSSSS Al SSSSS SSSSS SSSSS ASSESS gs!!� SSSS® 0 . .. . . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS AND DESIGNATING THE SUPERINTENDENT OF STREETS TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 87 (BALBOA ISLAND) AND DESIGNATING THE AREA AN UNDERGROUND UTILITY DISTRICT WHEREAS, this City Council has heretofore adopted Resolution No. 2009 -12 (the "Resolution of Intention ") declaring its intention to order the construction of the improvements described in the Resolution of Intention (the "Improvements ") and to form Underground Utility Assessment District No. 87 (Balboa Island) (the "Assessment District") under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, "the Act "); and WHEREAS, this City Council has heretofore preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the "Engineer's Report"); and WHEREAS, this City Council fixed April 28, 2009, at the hour of 6:00 p.m. at the regular meeting place of the City Council, City Hall, 330 Newport Blvd., Newport Beach, California, as the time and place of hearing protests and objections to the improvements proposed in the Engineer's Report to be made, the extent of the Assessment District proposed to be created, and/or to the proposed assessment; and WHEREAS, the City Clerk has caused notice to be given of the passage of the Resolution of Intention, the filing of the Engineer's Report and the time and place and purpose of said hearing, all as required by the Act and by Section 53753(c) of the California Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID "); and WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth the Improvements to be acquired and constructed, and the Final Report has been filed with the City Council and has been available for review by the property owners within the proposed Assessment District; and WHEREAS, at the time and place stated in the aforesaid notice, a hearing was duly held by this City Council and, during the course of said hearing, the Final Report was duly presented and considered, all written protests and objections received, if any, were duly presented, read, beard and considered and all persons appearing at said hearing and desiring to be heard in the matter of said Final Report were heard, and a full, fair and complete hearing has been conducted; and WHEREAS, this City Council has received all ballots filed with the City Clerk prior to the conclusion of the hearing, and the Assessment Engineer, on behalf of the City Clerk, has counted all ballots for and against the formation of the Assessment District as provided in Article XIIID; and DOCSOC/1339788v 1/022459 -0020 DOCSOC/ l3 39788v2/022459 -0020 n u WHEREAS, this City Council has considered the assessment proposed in the Final Report and the evidence presented at said hearing; and WHEREAS, it appears that the Superintendent of Streets is covered by a blanket fidelity band covering the faithful performance of the duties imposed by law in an amount deemed by this City Council to be adequate; and WHEREAS, under the provisions of Section 10424 of the California Streets and Highways Code, funds collected by the Superintendent of Streets pursuant to an assessment under the Municipal Improvement Act of 1913 are required to be placed in a special improvement fund designated by the name of the assessment proceeding; and BE IT RESOLVED by the City Council of the City of Newport Beach that it does hereby find, determine, resolve and order as follows: Section 1. The public hearing referred to in the recitals hereof has been duly held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This City Council is satisfied with the correctness of the Final Report, including the assessment and diagram and the maximum annual assessment for administrative expenses, the proceedings and all matters relating thereto. Section 2. The property within the Assessment District to be assessed as shown in the Final Report will be benefited by the Improvements. Section 3. City Council overrules and denies any and all protests, objections and appeals made in regard to these proceedings; and it finds and determines that a majority of the ballots received are in favor of the assessment. In tabulating the ballots, the ballots were weighted according to the proportional financial obligation of the affected property. Section 4. The amount of the assessments shown in the Final Report and the proposed maximum annual assessment per parcel for administrative expenses shown are confirmed and are fixed in said amounts. Section 5. The amounts to be assessed against the individual parcels shown on the assessment diagram contained in the Final Report are hereby approved and confirmed; and the City Council is authorized and directed to endorse the fact and date of such approval on the Final Report. Section 6. The assessment diagram and assessment is to be placed on file in the office of the Superintendent of Streets, and the City Clerk is authorized and directed to record, or cause to be recorded, the assessment diagram and assessment in the office of the County Recorder of the County of Los Angeles. as required by Sections 3114, 10401 and 10402 of the California Streets and Highways Code; and the City Clerk shall record, or cause to be recorded, a Notice of Assessment as required by Section 3114 of said Code. Section 7. The Superintendent of Streets is authorized and directed to give notice of the recordation of the assessment, as provided in Section 10404 of said Code. Section 8. The Superintendent of Streets is designated to receive the assessments paid during the 30 day cash payment period which shall commence on the date of recording the assessment diagram with the County Recorder. A -2 DOCS00 1339788v 1 /022459 -0020 DOCSOC/1339788v2/022459 -0020 Section 9. The City Council hereby finds and determines that public necessity, health • and safety require the removal of the overhead utilities within the Assessment District and the underground installation thereof The area within the Assessment District as shown in the Final Report is hereby designated an underground utilities district pursuant to and in accordance with Chapter 15.32.040 of the Municipal Code of the City of Newport Beach.. In accordance with Chapter 15.32.040 of the Municipal Code of the City of Newport Beach, the City Council hereby determines and fixes one (1) year from the date the completed improvements are released by the respective utility companies as a reasonable date by when all affected property owners must be ready to receive underground service. Section 10. This Resolution shall take effect immediately upon its adoption. DULY AND REGULARLY ADOPTED this _ day of _ ATTEST: City Clerk A -3 DOCSOC11339788v 1/022459 -0020 DOCSOC/1 339788x2/022459 -0020 CITY OF NEWPORT BEACH Mayor 2 • CERTIFICATION 0 El I, , City Clerk of the City of Newport Beach, do hereby certify, under penalty of perjury, that the foregoing is a full, true and correct copy of City Council Resolution No. 2009 -12, adopted by the City Council for the City of Newport Beach at a regular meeting held on the _ day of , 2009 at its fully noticed and posted location by the vote therein stated, the original of which resolution is on file in the office of the City Clerk of said city. M m DOCSOC /1339788v M22459 -0020 DOCSOC/ 1339788x2/022459 -0020 City Clerk CITY OF NEWPORT BEACH • RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CONTRACTS FOR UTILITY IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 87 (BALBOA ISLAND) 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 No. 2009 -12, 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. 87 (Balboa Island) (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. DOCSOC/1340367v2/022459 -0020 •, PASSED, APPROVED, and ADOPTED this 28th day of April 2009. 01 AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk DOCS00 1340367v2/022459 -0020 Mayor SOtiRIM CALWORI" EDISON' M EDISUN IJr7PaP+AROHAL+' (�Dra. Southern California Edison Company 7333 BOLSA AVENUE WESTMINSTER CA 92683 MIKE SINACORI 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 1133894 Invoice # 52665 • Iovoire Date: 01/232009 SCE Contact: Bobby Kimbrell Telephone: (714 )-796 -9818 - Billing Option: RULE20B -AD #87- CITY OFNEWPORT BEACH REPLACES REMOVAL W/O # 6133.7102 4 -7105 Item 55383 87114 123678 1 $8,954,408.31 280919 - RULE 20B - UG INSTALL SCE's pricing does not include the *m of bandling, remediation, or disposal of contaminated soil or water. SCE will i include language on the invoice and Rule 20B contract that these are the = responsibility of the city- This has been discussed with the city who has agreed to aoeapiresponsibiGty and include eomingency in their oveatl Project pricing Previous Payment :I 5o • Enclosed are 2 copies of our invoice. Please return 1 copy of the invoice with your payment • All prices are applicable far a period of90 days from this dare and an subject to change thereafter. • Please rebhm alt applications and/or comracts fully complerW. • Easement documents will be mailed directly to you that out Right of Way department Please complete and return them as soon as possible, as we will not be able to proceed with the pmject without clearance ' An Edison Inspector must approve all underWound systems. Please call your designated inspector 48 hours prior to construction to schedule an inspection. • Cali the Edison company at 144- 655 -4555 to make application for electrical service. Invoice Total 1 $8,954,40 &31 Please detach and return payment stub with payment Payment Please pay total amount now due: $8,954,40831 Stub Invoice #: 52665 Thank you for paying promptly Make check payable to Southern California MACE SINACORI Edison 3300 NEWPORT BLVD 7333 BOLSA AVENUE _ NEWPORT BEACH CA 92663 WESTMINSTER CA 92693 . - AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Installation by Utility) THIS AGREEMENT, made this 23rd day of January , 2009, between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility ", and the party w 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, State of California, substantially described as follows: Balboa Island S/0 Pacific Coast Hwy Nervport Beach, CA. 92663 6633- 7135,8 -7114 and as shown on the map attached hereto and made a part hereof, and WHEREAS, a. It is necessary 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 Utility's 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 furnish and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes and electrolier bases and to perform other work related to structures and substructures including breaking of pavement, trenching back811ing, 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 62,917,664.94 , 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 $6,036,743.37 1 the excess, if any, of the estimated costs including transformers, meters, and services, of completing the underground system and building a 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 may be furnished 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. S. 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 r By It 6A--t,7 REGION OR DIVISION MANAGER Huntington Beach REGION OR DIVISION SIGNATURE OF APPLICANTS ADDRESS AMOUNT CONTRIBUTED S TOTAL SCE CS 156 -1 REV I M1 -4- 5 61 C aw AT &T Project No. 5602116 January 29, 2009 City of Newport Beach Department of Public Works 3300 Newport Blvd. Newport Beach, Ca. 92663 -3884 Re: Custom Work Request Dear Mike Sinacon, This letter is in regard to your request for AT &T to perform custom work for you. Enclosed is an Application For Custom Work. This application describes the custom work you have asked AT &T to perform and the conditions that must be met in order for AT &T to do the work. If you decide to cancel your request please notify our engineering office at 714- 666 +5710,. and reference the AT &T Project Number at the top. of your application to assist us in locating your file. If you have. any questions regarding this matter please contact. me. at 714 -237- 6945. $incereiy, Mark Rush Manager— Engineer AT &T Form ACW -F Rev. 6/19/06 at &t AT &T Project I Invoice Number 5602116 Make check payable to: AT &T Return signed Application with payment to: AT &T 3939 Coronado St. Anaheim, CA 92807 Attn: Mark Rush APPLICATION FOR CUSTOM WORK - FIXED PRICE BASIS January 29, 2009 City of Newport Beach bepartmentof Public Works 3300 New Blvd. Newport Beach, CA 92658 -891.5 ATTN: Mike Sinacon DESCRIPTION OF.CUSTOM WORK: This is in response to the City of Newport Beach's request to convert all aerial facilities on Balboa Island (Big Island) within Underground. Assessment District No. 87 to ie underground. CHARGE FOR'CUSTOM WORK: FD(ED CONTRACT PRICE: $2,749,533.00 Applicant has asked AT &T to perform the above -described custom vx& for which Applicant shall pay AT&T two million seven hundred and forty -nine thousand and five hundred thirty -three dollars and no cents42,749,533.00 in advance of the start of any AT &T work. This amount, is less the.depositof ninety thousand dollars and no cents $90,000.00 received on July.11, 2005.. Applicant shall pay for.. work on a Tixed:POW 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 &Ts ordinary accounting practices under the.Uniform System of Accounts for Class A telephone companies and include allocated costs for labor, engineering, materials, .. transportation,.motorvehicies; and toot and supplyexpenses 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 two.million, seven: hundred and forty -nine thousand five hundred and.thirty three dollars and no centrd$2,749,633:00 valid for only Ulree.hundred and twenty =one (321) days and is therefore. subject to change after December,15, 2009 if AT &T has 'not: received an exeduted copy of the Application and the advance payment by that date If the applicant, cancels the work prior to completion, Applicant shall pay AT &T for all costs AT &T has himrad before being notified in writing to cease work 0 ACCEPTED FOR CUSTOMER r By. Printed Name: Title: Date signed: Form ACW-F Rev. 6/19106 ACCEPTED FOR AT &T: By: �GL2a vf�. bGu a-r� Printed Name: Mark Rush Title: MANAGER, ENGINEER Date signed: 1/29/09 Final Engineer's Report for Underground Utility Assessment District No. 87 (Balboa Island) Prepared under the provisions of the Municipal Improvement Act of 1913 For the City of Newport Beach County of Orange, California April 28, 2009 E I City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report TABLE OF CONTENTS C� APPENDIX Assessment Calculations Q:1Newport BeachWd874eporlsW87 fnl rpt 10apr09.doc Page Introduction and Certifications ............................................................. ............................... 1 PART I Plans and Specifications ..................................................... ..............................4 PARTII Cost Estimate ....................................................................... ..............................5 PART III Assessment Roll and Method of Assessment Spread ....... ..............................6 Table 1 —Assessment Roll ................................................... ............................... 8 Debt Limit Valuation ......................................................... ............................... 34 Exhibit 1 — Method and Formula of Assessment Spread ... ............................... 35 PART IV Annual Administrative Assessment ............................... ............................... 39 PART V Diagram of Assessment District ........................................ .............................40 PART VI Description of Facilities ..................................................... .............................58 Right -of -Way Certificate ...................................... .......................... .................. 59 Certification of Completion of Environmental Proceedings ............................ 60 C� APPENDIX Assessment Calculations Q:1Newport BeachWd874eporlsW87 fnl rpt 10apr09.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Page I AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 87 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE The purposes of this Assessment District is to provide financing to underground power, telephone and cable facilities in the area generally described as Balboa Island. The proposed underground utility improvements will provide conversion to an upgraded utility system and will improve neighborhood aesthetics. The construction of these improvements will conform to existing City of Newport Beach, Southern California Edison, AT &T and Time Warner Cable standards. By virtue of such improvements, the proposed improvements are of special and direct benefit to these properties. Pursuant to the provisions of Article XIIID of the State Constitution, Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code of the State of California, and the "Municipal Improvement Act of 1913 ", being Division 12 of said Code, and the Resolution of Intention, adopted by the City Council of the CITY OF NEWPORT BEACH, State of California, in connection with the proceedings for Assessment District No. 87 (hereinafter referred to as the "Assessment District "), 1, Joan E. Cox, P.E., a Registered Professional Engineer and authorized representative of Hams & Associates, the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated below. PART This part contains the plans and specifications which describe the general nature, location and extent for the proposed improvements to be constructed, and are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Superintendent of Streets. PART II This part contains an estimate of the cost of the proposed improvements, including capitalized interest, if any, incidental costs and expenses in connection therewith as set forth herein and attached hereto. PART Ill This part consists of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the special benefits to be received by such subdivisions from said improvements, which is set forth upon the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sum of all unpaid special Q \Newport Bwch\Ad87Vepor1sW87 fnl rpt 10aprftdoc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report _ Page 2 B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true value, determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration and registration of any associated bonds and reserve or other related funds, or both. PART V This part contains a map showing the boundaries of the Assessment District, and a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention. The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. ' PART VI This part shall consist of the following information: A. Description of facilities B. Right -of -Way Certificate C. Environmental Certificate This report is submitted on April 28, 2009. HARRIS & ASSOCIATES JOAN E. C X, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA QANewport BeuhWd874eportsW87 fnl rpt l0apr09.dx City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Page 3 _ Preliminary approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the 24th day of February, 2009. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Final approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the day of , 2009. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:Wewport neach\AdMmp0rts\ad87 fnl rpt 1 oaprMcbc 0 E City of Newport Beach April 28, 2669 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Page 4 Part Plans and Specifications P 1 The plans and specifications to construct the utility undergrounding improvements, and any ancillary improvements thereof, for the area generally described as Assessment District No. 87, Balboa Island, describe the general nature, location and extent of the improvements for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. Said Plans and Specifications for the improvements are on file in the office of the Superintendent of Streets. Q:Wewpon 13mchWd87heporls\ad87 in] ro IOapr09.doc City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report $125,000 April 28, 2009 Page 5 • Part II $500,000 $500,000 Cost Estimate $60,000 $60,000 City Administration Estimated Costs $400,000 Preliminary Confirmed CONSTRUCTION COSTS' Filing Fees $20,000 Electrical Construction Costs (Southern California Edison) $8,833,158 $11,200,158 Telephone Construction Costs (AT &T) - $2,749,533 $2,749,533 Estimated Utility Contribution for Equivalent Overhead System - $333,000 - $2,700,000 Street/ Alley Rehabilitation $3,436,000 $3,436,000 Contingency $1,200,000 $1,194,815 Edison Design Engineering $454,250 $454,250 AT &T Design Engineering $90,000 $90,000 Total Construction Costs: $16,429,941 $16,424,756 INCIDENTAL EXPENSES Assessment Engineering $125,000 $125,000 Contract Inspection $500,000 $500,000 Disclosure Counsel $60,000 $60,000 City Administration $400,000 $400,000 Financial Advisor $40,000 $40,000 Filing Fees $20,000 $20,000 Bond Counsel $75,000 $75,000 Paying Agent $5,000 $5,000 Dissemination Agent $5,000 $5,000 Financial Printing, Registration and Servicing $15,000 $15,000 Incidental Contingencies $57,059 $56,344 Total Incidental Expenses: $1,302,059 $1,301,344 Total Construction and Incidental Expenses: $17,732,000 $17,726,100 FINANCING COSTS Underwriter's Discount 1.50° $307,000 $306,500 Bond Reserve 1 Credit Enhancement 6.00% $1,226,000 $1.226,000 Funded Interest @ 12 months @ 5.75% $1,175,000 $1,174,900 Total Financial Costs: $2,708,000 $2,707,400 TOTAL AMOUNT TO ASSESSMENT: $20,440,000 $20,433,500 [1] Q:Wewport Be chWd87\mponslad87 fnl rpt IOapre9.doc • E City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Part III Assessment Roll and Method of Assessment Spread April 28, 2009 WHEREAS, on February 24, 2009 the City Council of the CITY OF NEWPORT BEACH, State of California, did, pursuant to the provisions of the 1913 Act "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code, of the State of California, adopt its Resolution of Intention No. 2009 -12, for the installation and construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 87 (hereinafter referred to as the "Assessment District "); and WHEREAS, said Resolution of Intention, as required by law, did direct the Engineer of Work to make and file a 'Report ", consisting of the following as required by Section 10204 of the Act: a. Plans b. Specifications c. Cost Estimates d. Assessment Diagram showing the Assessment District and the subdivisions of land therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels within the boundaries of the Assessment District; f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted. NOW, THEREFORE, I, Joan E. Cox, the authorized representative of HARRIS & ASSOCIATES, pursuant to Article XMD of the California Constitution and the "Municipal Improvement Act of 1913 ", do hereby submit the following: Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto and incorporated herein. 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. Q.NewpoH Beach Ad87veport W87 fal rpt 10aprOAac City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Enaineer's Renort April 28, 2009 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915 "), to represent all unpaid assessments, which bonds shall be issued in one or more series, each with a term not to exceed the legal maximum term as authorized by law, THIRTY -NINE (39) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. The bonds may be issued in more than one series, depending upon duration of the improvement work and related considerations. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913 ", and by further direction and order of the legislative body, 1 hereby recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q:1Nmpoa BmdMd&7kepWs\ad87 fn1 rpt 10ap09.dm 0 As Preliminarily Approved As Confirmed Estimated Cost of Construction: $16,429,941 $16,424,756 Estimated Incidental Expenses: $1,302,059 $1,301,344 Estimated Financial Costs: $2,708,000 $2,707,400 Estimated Total to Assessment: $20,440,000 $20,433,500 For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q:1Nmpoa BmdMd&7kepWs\ad87 fn1 rpt 10ap09.dm 0 City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report April 28, 2009 Page 8 Asmt No. 1 Assessor's Parcel Number 050 -021 -09 Total True Value $1,400,116 Table 1 Assessment Roll Assessments as Existing Preliminarily Liens Approved $0 $14,845.74 Assessments as Confirmed and Recorded $14,845.71 Value to Lien Ratio _ 94 2 050 - 021 -08 $3,156,900 $0 $16,782.14 $16,782.11 188 3 050 -021 -18 $2,387,066 $0 $16,782.14_ $16,782.11 142 4 050 - 021 -19 $1,214,386 $0 $16,782.14 $16,782.11 72 5 050 - 021 -06 $263,203 $0 $16,782.14 $16,782.11 16 6 050- 021 -05 $4,435,917 $0 $16,782.14 $16,782.11 264 7 050 - 021 -21 $1,623,028 $0 $16,782.14 $16,782.11 97 8 050 -021 -22 $358,534 $0 $16,782.14 $16,782.11 21 9 050 -021 -03 $4,221,485 $0 $26,464.15 $26,464.08_ 160 10 050 -021 -02 $223,884 $0 $16,782.14 $16,782.11 13 11 050 - 021 -01 $2,128,489 $0 $29,691.47 $29,691.41 72 12 050 - 021 -23 $2,856,000 $0 $16,782.14 $16,782.11 170 13 050 - 021 -24 $3,995,910 $0 $23,236.81 $23,236.76 172 14 050 - 021 -12 $136,281 $0 $16,782.14 $16,782.11 8 15 050 - 021 -13 $828,241 $0 $16,782.14 $16,782.11 _ 49 16 050- 021 -14 $917,812 $0 $16,782.14 $16,782.11 55 17 050 - 021 -15 $295,861 $0 $16,782.14 $16,782.11 18 18 050 -021 -16 $1,232,429 $0 $16,782.14 $16,782.11 73 19 050 -021 -17 1245,643 $0 $16,136.67— $16,136.63 15 20 050- 022 -01 $4,987,677 $0 $19,364.01 $19,363.97 258 — 21 050 -022 -23 $3,448,926 $0 $19,364.01 $19,363.97 178 _ 22 050-022 -22 $953,565 $0 $19,364.01 $19,363.97 49 23 050 - 022 -21 $1,493,937 $0 $19,364.01 $19,363.97_ 77 24 050 - 022 -20 $2,078,465 $0 $19,364.01 $19,363.97 107 25 050- 022 -19 $832,381 $0 $19,364.01 $19,363.97 43 26 050- 022 -08 $186,984 $0 $16,782.14 $16,782.11 11 27 050-022 -07 $626,349 $0 $16,782.14 $16,782.11 37 28 050-022 -06 $268,776 $0 $16,782.14 $16,782.11 16 29 050 - 022 -24 $647,955 $0 $16,782.14 $16,782.11 39 30 050 - 022 -25 $551,762 $0 $16,782.14 $16,782.11 33 31 050 - 022 -04 $196,013 $0 $16,782.14 $16,782.11 12 32 050 -022 -03 $1,257,820 $0 $16,782.14 $16,782.11 75 33 050 -022 -02 $2,033,009 $0 $27,755.08 $27,755.02 73 34 050 -022 -09 $365,550 $0 $16,782.14 $16,782.11 22 35 050 - 022 -10 $184,426 $0 $16,782.14 $16,782.11 11 36 050 - 022 -11 $752,528 $0 $16,782.14 $16,782.11 45 37 050 -022 -26 $534,675 $0 $16,782.14 $16,782.11 32 38 050 -022 -27 $1,043,551 $0 $16,782.14 $16,782.11 62 39 050 -022 -13 $167,379 $0 $16,782.14 $16,782.11 10 40 050 - 022 -14 $1,124,691 $0 $16,782.14 $16,782.11 67 41 050 -022 -15 $2,067,451 $0 $16,782.14 $16,782.11 123 42 050 -022 -16 $466,203 $0 $16,782.14 $16,782.11 28 43 050 -022 -17 $556,513 $0 $16,136.67 $16,136.63 34 44 050 -022 -18 $1,271,857 $0 $12,909.34 $12,909.31 99 45 050 -011 -01 $1,104,939 $0 $14,845.74 $14,845.71 74 46 050-011 -02 $2,104,290 $0 $25,173.21 $25,173.16 84 0 Q:Wcwpon 8mchkAd87VWomkad87 fnl" IOaprO9.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Page 9 Asmt No. Assessor's Parcel Number Total True Value Existing Liens Assessments as Preliminarily Approved Assessments as Confirmed and Recorded Value to Lien Ratio 47 050 -011 -03 $1,098,936 $0 $25,173.21 $25,173.16 44 48 050 -011 -04 $5,894,334 $0 $16,782.14 $16,782.11 351 49 050 -011 -05 $1,043,551 $0 $16,782.14 $16,782.11 62 50 050 - 011 -06 $2,783,066 $0 $16,782.14 $16,782.11 166 51 050- 011 -07 _ $1,419,077 $0 J$16,782.14 $16,782.11 85 52 050 -011 -25 $8,150,000 $0 $18,073.07 $18,073.03 451 53 050- 011 -24 $1,280,604 _ $0 $18,073.07 _ $18,073.03 71 54 050 - 011 -10 $666,526 $0 $16,782.14 $16,782.1_1 40 55 050 -011 -11 _ $2.864.478 s0 916.136.67 _ $16.136.63 176 56 050 - 011 -18 57 050 -011 -28 58 050 - 011 -12 60 050 -011 -14 $1,187,855 $0 $16,782.14 $16,782.11 71 61 050 - 011 -19 $2,002,498 $0 $16,782.14 $16,782.11 119 62 050 - 011 -20 $139,998 $0 $16,782.14 $16,782.11 8 63 050 -011 -21 $148,792 $0 $16,782.14 $16,782.11 9 64 050 -041 -09 $5,199,283 $0 $25,818.68 $25,818.62 201 65 050 - 041 -10 $4,741,353 $0 $25,818.68 $25,818.62 184 66 050 -041 -11 $571,409 $0 $17,427.60 $17,427.57 33 67 050 -041 -12 $341,490 $0 $17,427.60 $17,427.57 20 68 050- 041 -13 $352,736 $D $17,427.60 $17,427.57 20 69 050 -041 -08 $91,439 $0 $14,200.28 $14,20024 6 70 '050 -041 -07 $2,347,989 $0 $16,782.14 $16,782.11 140 71 050 -041 -06 $1,494,784 $0 $16,782.14 $16,782.11 89 72 050 -041 -05 $2,728,500 $0 $16,782.14 $16,782.11 163 73 050 -041 -04 $2,400,000 $0 $16,782.14 $16,782.11 143 74 050 -041 -03 $2,205,278 $0 $16,782.14 $16,782.11 131 75 050 - 041 -02 $363,058 $0 $16,782.14 $16,782.11 22 76 050 -041 -01 $115,719 $0 $16,782.14 $16,78211 7 77 050- 041 -14 $91,433 $0 $14,200.28 $14,200.24 6 78 050 -041 -15 $132,546 $0 $16,782.14 $16,782.11 8 79 050 - 041 -16 $1,507,500 $0 $16,782.14 $16,782.11 90 80 050-041 -17 $100,817 $0 $16,782.14 $16,782.11 6 _ 81 050 -041 -18 $170,247 $0 $16,782.14 $16,782.11 10 82 050. 041 -19 $1,488,564 $0 $16,782.14 $16,782.11 89 83 050 -041 -20 $2,228,536 $0 $16,782.14 $16,782.11 133 84 050- 041 -21 $178,758 $0 $16,782.14 $16,782.11 11 85 050 -041 -22 $6,783,079 $0 $16,782.14 $16,782.11 404 86 050 -032 -05 $569,191 $0 $35,500.68 $35,500.60 16 87 050 -032 -04 $302,384 $0 $17,427.60 $17,427.57 17 88 050-032 -03 $376,411 $0 $17,427.60 $17,427.57 22 89 050 -032 -02 $265,998 $0 $17,427.60 $17,427.57 15 90 050 -032 -01 $270,646 $0 $17,427.60 $17,427.57 16 91 050 -032 -19 $154,633 $0 $16,782.14 $16,782.11 9 92 050 -032 -18 $439.667 $0 $16.782.14 $16,78211 26 Q:\NMpon BeachWd871reponslad87 rnl rpl IOaprKdoc 0 I] City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Page 10 �,I] Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien Q: Wewpon Be MAdMcpWsW87 &I rpt 10aprW.d" City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report 050 -031 -30 $207,188 April 28, 2009 Page 11 • Asmt No. 139 Assessor's Parcel Number 050- 031 -09 Total True Value $236,675 Assessments as Existing Preliminarily Liens Approved $0 $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 14 140 050- 031 -08 $2,343,222 $0 $16,782.14 $16,782.11 140 141 050 - 031 -07 $136,274 $0 $20,009.47 $20,009.43 7 _142 050 -031 -01 $814,482 $0 $16,782.14 $16,782.11 49 143 050 - 031 -42 $790,166 $0 $16,782.14 $16,782.11 47 144 050- 031 -24 $1,565,326 $0 $16,782.14 $16,782.11 93 _ 145 050 - 031 -25 $1,006,770 $0 $16,782.14 $16,782.11 60 146 050 031 -26 $571,472 $0 $16,782.14 $16,782.11 34 147 050 - 031 -27 $1,399,028 $0 $16,782.14 $16,782.11 83 148 050- 031 -40 $798,531 $0 $16,782.14 $16,782.11 48 _149 050 -031 -39 $941,505 $0 $16,782.14 $16,782.11 56 150 050 - 031 -29 $188.700 $0 $16.782.14 $16.782.11 11 151 050 -031 -30 $207,188 $0 $16,782.14 $17,427.57 $16,782.11 160 12 _ 152 050- 031 -37 $111,560 $0 $16,782.14 161 $16,78211 $40Q,679 7 153 050 - 031 -38 $1,585,762 $0 $16,782.14 $238,851 $16,782.11 $17,427.60 94 154 050- 031 -32 $850,950 $0 $16,782.14 $17,427.60 $16,782.11 84 51 155 050 - 031 -33 $128,758 $0 $16,782.14 - $16,782.11 056-042 -10 8 _ 156 050- 031 -34 $527,710 $0 $16,782.14 $535,906 $16,782.11 $16,782.14 31 157 050 - 031 -35 $113.791 _ s0 $16.78214 $0 _ $16.782.11 $16,782.11 _ 7 159 050 -042 -11 $1,826,214 $0 $17,427.60 $17,427.57 105 160 050- 042 -12 $1,826,214 $0 $17,427.60 $17,427.57 105 161 050 - 042 -27 $40Q,679 $0 $17,427.60 $17,427.57 23 162 050- 042 -26 $238,851 $0 $17,427.60 $17,427.57 14 163 050 - 042 -28 $1,464,527 $0 $17,427.60 $17,427.57 84 164 050 -042 -29 $1,681,338 $0 $17,427.60 $17,427.57 96 165 056-042 -10 $1.812.555 $0 $18.71854 $18.718.50 97 _167 050 - 042 -08 $891,742 $0 $16,782.14 $16,782.11 53 168 050-_ 042 -07 $196,007 $0 $16,782.14 $16,782.11 _ 12 169 050 - 042 0- 042 06 $100,817 $0 $16,782.14 $16,782.11 6 170 050 - 042 -05 $200,839 $0 $16,782.14 $16,782.11 12 171 050 -042 -04 $893,875 $0 $16,782.14 $16,782.11 53 172 050 - 042 -03 $102.749 $0 $16.782.14 $16.782.11 6 175 050 -042 -15 $115,724 $0 $18,718.54 $18,718.50 6 _176 050- 042 -16 $643,922 $0 $16,782.14 $16,782.11 38 177 050 -042 -17 $565,484 $0 $16,782.14 $16,78211 34 178 050-042 -18 $606,449 $0 $16,782.14 $16,782.11 36 179 050 - 042 -19 $161,229 $0 $16,782.14 $16,782.11 10 180 050 - 042 -20 $201,346 $0 $16,782.14 $16,782.11 12 181 050- 042 -21 $535,906 $0 $16,782.14 $16,782.11 32 182 050 - 042 -22 $516,187 $0 $16,782.14 $16,782.11 31 183 050 - 042 -23 $1.929.619 $0 $16782.14 $16.78211 115 LOA QANewpon BeachWVVcpoas1adV tint rpt I OaprO9.dm 0 Q:\Newport RmchVAd874eponshtd87 fal rpt leaprWdoc City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report April 28, 2009 Page 12 • Assessor's Asmt Parcel No. Number 185 050- 042 -25 Total True Value $137,794 Assessments as Existing Preliminarily Liens Approved $0 $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 8 _ 18_6_ 050- 043 -13 $489,363 $0 $33,564.28 $33,564.20_ 15 187 050 - 043 -14 $1,208,959 - _ - $0 $16,782.14 _ $16,782.11 72 188 050- 043 -15 _ $589,209 $0 $16,782.14 $16,782.11 35 189 050- 043 -16 $509,882 $0 $16,782.14 $16,782.11 30 190 050 - 043 -17 $518,300 $0 $16,782.14 $16,782.11 31 191 050 - 043 -12 $834,636 $0 $20,009.47 $20,009.43 42 192 050- 043 -11 $123,165 $0 $16,782.14 $16,782.11 7 193 050- 043 -10 $276,541 $0 $16,782.14 $16,782.11 16` 194 050 - 043 -09 $850,396 $0 $116,782.14---'---$l 6,782 .11 51 195 050 - 043 -08 $3,130,652 $0- $16,782.14 $16,782.11 187 196 050 -043 -07 $156,829 $0 $16,782.14 $16,782.11 9 197 050 -043-06 $110,199 _ $0 $16,782.14 $16,782.11 7 198 050 -043 -05 $143,722 $0 $16,782.14 $16,782.11 9 199 050 -043 -04 $1,659,243 $0 $16,782.14 $16,782.11 99 200 050 - 043 -03 $197,043 $0 $16,782.14 $16,782.11 12 _ 201 050 - 043 -02 $398,612 $0 $16,782.14 $16,782.11 24 202 050- 043 -01 $204,843 $0 $16,782.14 $16,782.11 12 203 050- 0_43 -29 $528,894 $0 $78,746.25 $78,739.76 7 204 050- 043 -31 $1,809,540 $0 $49,700.96 $49,700.85 36 205 050 -043 -24 $118,549 $0 $16,782.14 $16,782.11 7 206 050- 043 -25 $108,267 $0 $16,782.14 $16,782.11 6 207 050 -043-32 $2,078,000 $0 $16,782.14 $16,782.11 124 208 050 -043-33 $1,270,084 $0 $16,782.14 $16,782.11 76 209 050 -043-34 $1,229,187 $0 $16,136.67 $16,136.63 76 210 050 -072 -39 $1,756,257 $0 $17,427.60 $17,427.57 101 211 050 -072-40 $205,250 $0 $17,427.60 $17,427.57 12 212 050 -072 -43 $740,324 $0 $15,491.20 $15,491.17 48 213 050 -072 -44 $231,400 $0 $18,718.54 $18,718.50 12 214 050 -072 -50 $1,290,086 $0 $16,782.14 $16,782.11 77 215 050 -072 -49 $587,128 $0 $16,782.14 $16,782.11 35 216 050 -072 -20 $1,870,168 $0 $16,782.14 $16,782.11 111 217 050 - 072 -21 $126,410 $0 $16,782.14 $16,782.11 8 218 050 - 072 -22 $335,837 $0 $16,782.14 $16,782.11 20 219 050 - 072 -23 $868,361 $0 $16,782.14 $16,782.11 52 220 050 -072 -24 $218,504 $0 $16,782.14 $16,782.11 13 221 050 - 072 -25 $358,959 $0 $16,782.14 $16,782.11 21 222 050 - 072 -38 $1,575,893 $0 $16,782.14 $16,782.11 94 223 050 - 072 -37 $325,209 $0 $16,782.14 $16,782.11 19 224 050 - 072 -27 $170,217 $0 $16,782.14 $16,782.11 10 225 050 -072 -28 $710,149 $0 $16,782.14 $16,782.11 42 226 050- 072 -29 $607,174 $0 $16,782.14 $16,782.11 36 227 050 -072 -30 $1,024,453 $0 $16,782.14 $16,782.11 61 228 050 - 072 -31 $1,374,901 $0 $16,782.14 $16,782.11 82 229 050- 072 -32 $1,081,953 $0 $16,782.14 $16,782.11 64 230 050- 072 -33 $742.954 $0 $16.782.14 $16.782.11 44 0 Q:\Newport RmchVAd874eponshtd87 fal rpt leaprWdoc City of Newport Beach Underground Utility Assessment Final Engineer's Report District No. 87 (Balboa Island) April 28, 2009 Page 13 • Asmt No. 231 Assessor's Parcel Number 050 -072 -34 Total True Value $102,615 Assessments as Existing Preliminarily Liens Approved $0 $16,7827 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 6 _ 232 050- 072 -35 $686,326 $0 $16,782.14 $16,782.11 41 __ 233 ___ 050 - 072 -18 $299,625 _ $0 $16,782.14 $16,782.11 _ 18 234 050 -072 -17 $106,338 $0 $16,782.14 $16,782.11 6 235 050- 072 -16 _ $648,485 $0 $16,782.14 $16,782.11 39 236 050 - 072-42 $847,406 $0 $16,782.14 $16,782.11 50 237 050 -072-41 $1,644,872 $0 $16,782.14 $16,782-11 238 050- 072 -14 $925,121 $0 $16,782.14 _ $16,782.11 55 239 050 - 072 -13 $1,919,095 $0 $16,782.14 $16,782.11 114 _ 240 050 -072-45 $219,301 $0 $16,782.14 $16,78211 13 241 050- 072 -46 $731,328 $0 $16,782.14 $16,782.11 44 242 050- 072 -11 $1,105,771 $0 $16,782.14 $16,782.11 _ 66 243 050 -072 -10 $2,560,644 $0 $16,782.14 $16,782.11 153_ 244 050 - 072 -09 $335,242 $0 $16,782.14 $16,782.11 20 245 050- 072 -08 $1,627,000 $0 $16,782.14 $16,782.11 97 246 050 -072 -07 $182,909 $0 $16,782.14 $16,782.11 11 247 050 - 072 -06 $2,184,840 $0 $16,782.14 $16,782.11 130_ 246 050 -072 -05 $153,863 $0 $16,782.14 $16,782.11 9 249 050 -072-04 $1,775,000_ $0 $16,782.14 $16,782.11 106 _ 250 050 -072 -03 $720,594 $0 $16,782.14 $16,782.11 43 251 050 - 072 -47 $1,726,255 $0 $16,782.14 $16,782.11 103 _ 252 050 -07248 $143,724 $0 $16,136.67 $16,136.63 9 253 050 -071 -13 $638,574 $0 $16,782.14 $16,782.11 38 254 050 - 071 -14 $255,257 $0 $16,782.14 $16,782.11 15 255 050- 071 -15 $1,029,911 $0 $16,782.14 $16,782.11 61 256 050-071 -16 $663,296 $0 $16,782.14 $16,782.11 40 257 050 -071 -17 $149,245 $0 $16,782.14 $16,782.11 9 - 258 050 - 071 -18 $1,961,154 $0 $16,782.14 $16,782.1.1 117 259 050-071 -19 $134,343 $0 $16,782.14 $16,782.11 8 260 050 -071 -20 $154,069 $0 $16,782.14 $16,782.11 9 261 050 -071 -21 $722,027 $0 $16,782.14 $16,78211 43 262 050 - 071 -28 $381,110 $0 $16,782.14 $16,782.11 23 263 050 -071 -27 $755,627 $0 $16,782.14 $16,782.11 45 264 050- 071 -23 $243,823 $0 $16,782.14 $16,78211 15 265 050 - 071 -24 $874,317 $0 $16,782.14 $16,78211 52 266 050 -071 -25 $106,473 $0 $16,136.67 $16,136.63 7 267 937 -170 -50 $196,082 $0 $5,809.19 $5,809.19 34 268 937 - 170 -51 $787,283 $0 $5,809.19 $5,809.19 136 269 050 -071 -29 $1,850,000 $0 $11,618.41 $11,618.38 159 270 050 -071 -12 $537,323 $0 $16,782.14 $16,782.11 32 271 050 -071 -11 $117,511 $0 $16,782.14 $16,782.11 7 272 050 - 071 -10 $456,321 $0 $16,782.14 116,782.11 27 273 050 - 071 -09 $1,090,951 $0 $16,782.14 $16,782.11 65 274 050 -071 -08 $152,621 $0 $16,782.14 $16,782.11 9 275 050- 071 -07 $1,003,787 $0 $16,782.14 $16,782.11 60 276 050 -071 -06 1134.343 10 116.78214 $16.782.11 8 .v r Q \Newpan BeacMAd67ucponsW97 fnl rpt 10apt09.&c City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report April 28, 2009 Page 14 Asmt No. 277 Assessor's Parcel Number 050 - 071 -05 Total True Vatue $128,758 Assessments as Existing Preliminarily Liens Approved $0 $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 8 278 050- 071 -04 _ $926,917 $0 $16,782.14 $16,782.11 55 279 050- 071 -03 $100,819 $0 $14,845.74 $14,845.71 7 280 050 - 071 -02 $80,264 $0 $10,327.48 $10,327.45 8 281 050 - 071 -01 $90,193 $0 $8,391.06 $8,391.05 11 282 050 - 052 -37 $457,307 $0 $33,564.28 $33,564.20 14 283 050- 052 -15 $2,497,660 $0 $33,564.28 $33,564.20 74 284 050- 052 -14 $233,398 $0 $16,782.14 $16,782.11 14 285 050- 052 -13 $1,397,518 $0 $16,782.14 $16,782.11 83 286 050 - 052 -18 $619,977 $0 $25,173.21 $25,173.16 25 287 050 - 052 -19 $511,874 $0 $16,782.14 $16,782.11 31 288 050- 052 -20 $151,175 $0 $16,782.14 $16,782.11 9 289 050- 052 -21 $585,063 $0 $16,782.14 $16,782.11 35 290 050 -052 -22 $371,929 $0 $16,782.14 $16,782.11 22 291 050 -052 -23 $573,592 $0 $16,782.14 $16,782.11 34 292 050 -052 -24 $641,251 $0 $16,782.14 $16,782.11 38 293 050- 052 -25 $416,418 $0 $16,782.14 $16,782.11 25 294 050-052 -26 $250,194 $0 $16,782.14 $16,782.11 15 _ 295 050 - 052 -27 $522,724 _ $0 $16,782.14 $16,782.11 31 296 050 - 052 -28 $439,557 $0 $16,782.14 $16,782.11 26 297 050- 052 -36 $387,940 $0 $16,782.14 $16,782.11 23 298 050 - 052 -35 $387,940 $0 $16,782.14 $16,782.1f 23 , 299 050- 052 -33 $1,320,493 $0 $18,073.07 $18,073.03 73 300 050 - 052 -34 $442,868 $0 $16,782.14 $16,782.11 26 301 050- 052 -38 $1,399,830 $0 $27,755.08 $27,755.02 50 302 050- 052 -09 $1,063,787 $0 $21,945.88 $21,945.83 48 _ 303 050 -052 -08 $418,189 $0 $16,782.14 $16,782.11 25 304 050- 052 -07 $687,484 $0 $16,782.14 $16,78211 41 305 050- 052 -31 $136,269 $0 $16,782.14 $16,782.11 8 306 050 - 052 -32 $_165,297 $0 $16,782.14 $16,782.11 10 307 050- 052 -05 $575,231 $0 $16,782.14 $16,782.11 34 308 050 - 052-04 $206,293 $0 $16,782.14 $16,782.11 12 309 050 -052 -03 $695,107 $0 $16,782.14 $16,782.11 41 310 050 -052 -02 $108,267 $0 $16,782.14 $16,782.11 6 311 050 -052 -01 $676,776 $0 $16,782.14 $16,782.11 40 312 050 -051 -21 $2,073,801 $0 $16,782.14 $16,782.11 124 313 050 -051 -20 $4,396,921 $0 $16,782.14 $16,782.11 262 314 050 - 051 -19 $1,451,847 $0 $16,782.14 $16,782.11 87 315 050 - 051 -18 $5,202,000 _ $0 $16,782.14 $16,782.11 310 316 050- 051 -17 $1,909,654 $0 $16,782.14 $16,782.11 114 317 050 - 051 -16 $5,125,199 $0 $16,782.14 $16,782.11 305 318 050 - 051 -22 $654,228 $0 $13,554.80 $13,554.77 48 319 050 - 051 -23 $217,353 $0 $16,782.14 $16,782.11 13 320 050 - 051 -24 $181,109 $0 $16,782.14 $16,782.11 11 321 050- 051 -25 $2,014,000 $0 $16,782.14 $16,782.11 120 322 050- 051 -26 $867.970 $0 $16.782.14 $16.782.11 52 n Q:\Nmport Beach\Ad87treponsW87 fnl rpl 10aprWdoc City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report 050 - 051 -36 $139,104 April 28, 2009 Page 15 • Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 323 050 - 051 -27 $151,171 $0 $16,782.14 $16,782.11 9 324 050 -051 -28 $570.849 $0 $16.782.14 $16,782.11 34 326 050 - 051 -36 $139,104 $0 $16,782.14 $16,782.11 8 327 050 -051 -37 .$1,518,335 $0 $16,782.14 $16,782.11 90 328 050- 051 -31 $194,213 $0 $16,782.14 $16,782.11 12 329 050 - 051 -32 $144,486 $0 $16,782.14 $16,782.11 9_ 330 050 -051 -33 $1,864,000 _ $0 $16,782.14 $16,782.11 111 331 050- 051 -34 $181,256 $0 $16,782.14 $16,782.11 11 _ 332 050 -051 -38 $343,107 $0 $8,391.06 $8,391.05 41 333 050 - 051 -39 $61,503 $0 $7,745.61 $7,745.59 8 334 050- 051 -15 $121,240 $0 $23,236.81 $23,236.76 5 335 050 -051 -14 $188,496 $0 $16,762.14 $16,782.11 11 336 050 - 051 -13 $143,722 $0 $16,782.14 $16,782.11 9 337 050- 051 -12 $2,564,157 $0 $16,782.14 $16,782.11 153 338 050 -051 -11 $102,749 $0 $16,782.14 $16,782.11 6 339 050- 051 -10 $1,841,684 $0 $16,782.14 $16,782.11 110 340 050-051 -09 $716,381 $0 $16,782.14 $16,782.11 43 341 050- 051 -08 $537,180 $0 $16,782.14 $16,782.11 32 342 050- 051-07 $816,057 $0 $16,782.14 $16,782.11 49 343 050 - 051 -06 $800,062 $0 $16,782.14 $16,782.11 48 344 050 -051 -05 $100,817 $0 $16,782.14 $16,782.11 6 345 050 -051 -04 $583,704 $0 $16,782.14 $16,782.11 35 346 050 -051-03 $151,171 $0 $16,782.14 $16,782.11 9 347 050 - 051 -02 $272,707 $0 $16,782.14 $16,782.11 16 348 050 - 051 -01 $161,860 $0 $16,782.14 $16,782.11 10 349 050- 063-16 $2,846,833 $0 $25,173.21 $25,173.16 113 350 050 - 063 -15 $1,337,767 $0 $20,654.94 $20,654.89 65 351 050 -063-33 $613,335 $0 $29,691.47 $29,691.41 21 352 050 -063 -34 $397,785 $0 $32,918.81 $32,918.74 12 353 050 - 063 -17 $108,266 $0 $17,427.60 $17,427.57 6 354 050 - 063 -18 $195,876 $0 $24,527.74 $24,527.69 8 355 050 - 063 -19 . $282,529 $0 $16,782.14 $16,782.11 17 356 050 -063-20 $131,852 $0 $16,782.14 $16,782.11 8 357 050- 063 -21 $907,216 $0 $16,782.14 $16,782.11 54 358 050 -063 -22 $187,872 $0 $16,782.14 $16,782.11 11 359 050 - 063 -23 $2,515,349 $0 $16,782.14 $16,782.11 150 360 050 - 063 -24 $2,449,355 $0 $16,782.14 $16,782.11 146 361 050 -063 -25 $918,551 $0 $16,782.14 $16,782.11 55 362 050-063 -26 $1,055,004 $0 $16,782.14 $16,782.11 63 363 050- 063 -27 $688,178 $0 $16,782.14 $16,782.11 41 364 050- 063 -28 $199,733 $0 $16,782.14 $16,782.11 12 365 050-063 -29 $207,017 $0 $16,782.14 $16,782.11 12 366 050 -063-30 $948,202 $0 $16,782.14 $16,782.11 57 367 050 - 063 -31 $1.144.440 $0 $7.745.61 $7.745.59 148 r w Q:Wewport neach4 MNeports1aM7 Cnl (pt 10apA9, m City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report 050- 081 -20 April 28, 2009 Page 16 -- - Asmt No. 369 Assessor's Parcel Number 050 -061 -06 Total True Value $188,492 Existing Liens $0 Assessments as Preliminarily Approved $26,464.15 Assessments as Confirmed and Recorded $26,464.08 Value to Lien Ratio 7 _370 050- 061 -07 $151,103 $0 _ $23,236.81 $23,236.76 7_ 371 050- 061 -03 $1,820,513 $0 _ $15,491.20 _ $15,491.17 118 372 050- 061 -02 $1,491,342 $0 $11,618.41 $11,618.38 128 373 050 - 061 -01 $1,266,445 $0 $10,972.93 $10,972.91 115 374 050-063 -35 $143,586 $0 $16,782.14 $16,782.11 9 375 050 - 063 -36 $326,789 $0 $16,136.67 $16,136.63 20 376 050 - 063 -11 $834,355 $0 $24,527.74 $24,527.69 34 377 --37-9 050 -063 -10 $363,712 $0 $24,527.74 $24,527.69 15 050 -063 -09 $193,867 $0 $16,782.14 $16,782.11 12 379 050- 063 -08 $646,779 $0 $16,782.14 $16,782.11 39 380 050- 063 -07 $1,112,986 $0 $16,782.14 $16,782.11 66 381 050- 063 -06 $149,380 $0 $16,782.14 $16,782.11 9 382 --Y83 050 -063 -05 $742,081 $0 $16,782.14 $16,782.11 44 050- 063 -04 $482,668 $0 $16,782.14 $16,782.11 29 384 050 -063-03 $1,664,640 $0 $16,782.14 $16,782.11 99 385 050 - 063 -02 $496,655 $0 $16,782.14 $16,782.11 30 386 050- 063 -01 $124,961 $0 $16,782.14 $16,782.11 7 387 050 - 061 -05 $992,937 $0 $17,427.60 57 388 050 -062 -08 $1,581,881 $0 $16,136.67 _$17,427.57 $16,136.63 98 389 050 -062 -09 $210,911 $0 $16,136.67 $16,136.63 13 390 050 - 062 -10 $2,592,576 $0 $16,136.67 $16,136.63 161 391 050- 062 -11 $3,867,486 $0 $16,136.67 $16,136.63 240 392 050- 062 -12 $272,439 $0 $16,136.67 $16,136.63 17 393 050 -062 -13 $1,348,156 $0 $16,136.67 $16,136.63 84 394 050 -062 -14 $1,572,917 $0 $16,136.67 $16,136.63 97 395 050 -062 -15 $246,364 $0 $16,136.67 $16,136.63 15 396 050 -062 -07 $1,911,977 $0 $20,654.94 $20,654.89 93 397 050- 062 -06 $993,697 $0 $20,654.94 $20,654.89 48 398 050- 062 -05 $1,875,000 $0 $24,527.74 $24,527.69 76 399 050- 062 -04 $141,936 $0 $16,782.14 $16,782.11 8 400 050 - 062 -03 $185,871 $0 $16,782.14 $16,782.11 11 401 050-062 -02 $238,852 $0 $15,491.20 $15,491.17 15 402 050- 062 -Ot $1,242,391 $0 $21,300.41 $21,300.36 58 403 050- 062 -16 $206,695 $0 $16,782.14 $16,782.11 12 404 050 - 062 -17 $404,434 $0 $11,618.41 $11,618.38 35 405 050 -081 -01 $1,243,094 $0 $16,782.14 $16,782.11 74 406 050 - 081 -24 $449,038 $0 $16,782.14 $16,782.11 27 407 050 -081 -23 $1;910,613 $0 $16,782.14 $16,782.11 114 408 050 - 081 -22 $233,399 $0 $16.782.14 $16,782.11 14 Ell 410 050- 081 -20 $261,404 $0 $16,782.14 $16,782.11 16 411 050 - 081 -10 $1,408,243 $0 $16,782.14 $16,782.11 84 412 050 -081 -30 $924,984 $0 $16,782.14 $16,782.11 55 413 050 -081 -29 $836,999 $0 $16,782.14 $16,782.11 50 414 050 -081 -08 $1.750.000 $0 $16.782.14 $16.782.11 104 Q:1Newport 9eacMAd8Ngwtskad87 fni W Jospp09.do City of Newport Beach 050 - 081 -11 $100,615 $0 $16,782.14 April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) 17 6 422 Final Engineer's Report $127,310 $0 $16,782.14 $16,782.11 Page 17 •. 438 8 423 050 - 081 -26 $926,647 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 415 050- 081 -07 $2,372,031 $0 $16,782.14 $16,782.11 141 416 050 - 081 -06 $498,311 $0 $16,78214 $16,782.11 30 417 050 -081 -05 $154.962 _ $0 $16.782.14 _ $16.782.11 9 421 050 - 081 -11 $100,615 $0 $16,782.14 $16,782.11 $16,782.11 17 6 422 050- 081 -12 $127,310 $0 $16,782.14 $16,782.11 $16,782.11 438 8 423 050 - 081 -26 $926,647 $0 $16,782.14 29 $16,782.11 050 - 082 -09 55 424 050- 081 -25 $1,219,739 $0 $16,782.14 440 $16,782.11 $685,824 73 425 050 - 081 -15 $142,760 $0 $16,782.14 $26.464.08 $16,782.11 30 9 426 050 - 081 -16 $1.376.623 $0 $24.527.74 $24.527.69 56 429 'USU -081.27 $678,053 $0 $15,491.20 $16,782.11 $15,491.17 17 44 430 050 -081 -19 $3,060,000 $0 $21,300.41 $16,782.11 $21,30036 438 144 431 050- 082 -01 $3,147,163 $0 $16,782.14 29 $16,782.11 050 - 082 -09 188 432 050-082 -28 $246,364 $0 $16,782.14 440 $16,782.11 $685,824 15 433 050 -082 -27 $845.327 $0 $16.782.14 $26.464.08 51678211 30 50 435 050- 082 -24 $280,913 $0 $16,782.14 $16,782.11 $16,782.11 17 437 050 -082 -11 $675,275 $0 $16,782.14 $16,782.11 $16,782.11 40 438 050 - 082 -10 $490,809 $0 $16,782.14 $16,782.11 $17,427.60 29 439 050 - 082 -09 $261,694 $0 $16,782.14 $16,782.11 $0 16 440 050 -082 -08 $685,824 $0 $16,782.14 $16,782.11 $553,244 41 13 1 446 050- 082 -32 $106,473 $0 $16,782.14 $16,782.11 6 447 050 - 082 -31 $313,911 $0 $16,782.14 $16,782.11 $16,782.11 162 19 448 050 - 082 -02 $227,191 $0 $17,427.60 $16,782.11 $17,427.57 37 13 449 050 - 082 -12 $498,800 $0 $16,782.14 $16,782.11 $16,782.11 29 30 450 050 -082 -13 $553,244 $0 $16,782.14 $26.464.08 $16,782.11 30 33 451_ 050 - 082 -14 $1,035,208 $0 $16,782.14 $16.782.11 62 456 050 -082 -19 $568,544 -050-082-20$2,720,312 $0 $16,782.14 $16,782.11 34 457 $0 $16,782.14 $16,782.11 162 458 050 -082 -21 $621,311 $0 $16,782.14 $16,782.11 37 459 050- 082 -22 $479,700 $0 $16,782.14 $16,782.11 29 460 050 -082 -23 $792,580 $0 $26.464.15 $26.464.08 30 Q W—Porl Beach\AA74eports1ad87 fnl rpt 10ap+09.dm City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report April 28, 2009 Pace 18 465 Assessor's Total $0 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to lien No. Number Value Liens Approved and Recorded Ratio 461 050-083 -01 $250,088 $0 $16,782.14 $16,782.11 15 462 050 - 083 -30 $1,543,363 $0 $16,782.14 $16,782.11 92 465 050- 083 -27 $483,910 $0 $16,782.14 $16,782.11 29 466 050 - 083 -14. $132,544 _ $0 $16,782.14 $16,782.11 8 467 050 -083 -13 $492,833 $0 $16,782.14 $16,782.11 29 468 050- 083 -12 $1,187,674 $0 $16,782.14 $16,782.11 71 469 050 -083 -11 $1,073,270 $0 $16,782.14 $16,782.11 64 470 050 -083 -10 $1,872,720 $0 $16,782.14 $16,782.11 112 471 050 - 083 -09 $1,009,194 $0 $16,782.14 $16,782.11 60 472 050 -083 -08 $265,341 $0 $16,782.14 $16,782.11 16 473 050- 083 -07 $1,726,000 $0 $16,782.14 $16,782.11_ 103 474 050 -083 -06 $1,821,191 $0 $16,782.14 $16,782.11 109 475 050 -083 -05 $97,089 $0 $16,782.14 $16,782.11 6 476 050 -083 -04 $126,957 $0 $16,782.14 $16,782.11 8 477 050 -083 -03 $931,976 $0 $16,782.14 $16,782.11 56 478 050 - 083-02 $944,383 $0 $22,591.34 $22,591.29 42 479 050 - 083.15 $1,000,808 $0 $16,782.14 $16,782.11 60 480 050 -083-16 $1,332,909 $0 $16,782.14 $16,782.11 79 481 050 -083-17 $2,433,000 $0 $16,782.14 $16,782.11 145 482 050 -083-18 $231,261 $0 $16,782.14 $16,762.11 14 483 050 -083-33 $1,036,642 $0 $16,782.14 $16,782.11 62 484 050 -083 -34 $1,742,670 $0 $16,782.14 $16,782.11 104 485 050 -083-32 $173,658 $0 $16,782.14 $16,782.11 10 486 050 -083-31 $906,315 $0 $16,782.14 $16,782.11 54 487 050 -083-21 $789,835 $0 $16,782.14 $16,782.11 47 488 050 -083-22 $820,558 $0 $16,782.14 $16,782.11 49 489 050- 083-23 $162,482 $0 $16,782.14 $16,782.11 10 490 050 -083-24 $1,956,000 $0 $16,782.14 $16,782.11 117 491 050 - 083-25 $173,658 $0 $16,782.14 $16,782.11 10 492 050 -083-26 $915,305 $0 $15,491.20 $15,491.17 59 493 050 - 091 -13 $3,315,000 $0 $32,918.81 $32,918.74 101 494 050- 091 -12 $1,277,269 $0 $16,782.14 $16,782.11 76 495 050- 091 -11 $139,997 $0 $16,782.14 $16,782.11 8 496 050- 091 -10 $123,171 $0 $16,782.14 $16,782.11 7 497 050- 091 -09 $175,665 $0 $16,782.14 $16,782.11 10 498 050 -091 -08 $102,609 $0 $16,782.14 $16,782.11 6 499 050 - 091 -07 $115,719 $0 $16,782.14 $16,782.11 7 500 050-091 -06 $123,172 $0 $16,782.14 $16,782.11 7 501 050- 091 -05 $886,395 $0 $16,782.14 $16,782.11 53 502 050- 091 -04 $750,659 $0 $16,782.14 $16,782.11 45 503 050- 091 -03 $131,943 $0 $16,782.14 $16,782.11 8 504 050-091 -02 $111,993 $0 $16,782.14 $16,782.11 7 505 050-091 -01 $130,616 $0 $16,782.14 $16,782.11 8 506 050-091 -14 $197.733 $O $16782.14 $16.782.11 12 U, Q:\Nmpm 13 cMAdMeportsW87 fhl rpt 10apr09.doc City of Newport Beach U50- 091 -20 $900,133 $0 $16,78214 April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) 54 514 050 -091 -21 Final Engineer's Report $0 $16,782.14 $16,782.11 531 Page 19 • Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 507 050- 091 -15 $1,019,177 $0 $1_6,782.14 $16,782.11 61 508 050- 091 -16 $805,229 $0 $16,782.14 $16,782.11 109 509 050 - 091 -17 $206,981 -- $0 - -- $16,782.14 $16,782.11 _4_8 12~ 510 050 091 -27 $546,372 $0 $16,782.14 $16,782.11 33 511 050- 091 -28 $1.044.839 $0 $16.782.14 $16782.11 62 513 U50- 091 -20 $900,133 $0 $16,78214 $16,782.11 $16,782.11 54 514 050 -091 -21 $172,836 $0 $16,782.14 $16,782.11 531 10 515 050 - 091 -22 $146,970 $0 $16,782.14 $16,782.11 $16,782.14 9 516 050 -091 -23 $1,022,964 $0 $16.782.14 $16.782.11 $0 61 52U 050 - 092 -14 $435,052 $0 $16,782.14 $16,782.11 $16,782.11 530 26 521 050 -092 -13 $2,014,500 $0 $16,782.14 531 $16,782.11 $632,856 120 522 050 - 092 -12 $490,503 $0 $16,782.14 $552,073 $681,974 $16,782.11 $16,782.14 $16,782.14 29 523 050 -092 -11 $153,037 $0 $16,782.14 $16.782.14 $16,782.11 101 9 524 050- 092 -10 $1,836,000 $0 $16,782.14 _ $16,782.11 109 525 050-092 -09 $119,447 $0 $16.782.14 $16.782.11 7 529 050 -092 -05 $128,826 $0 $16,782.14 $16,782.11 8V 530 050 - 092-04 $750,478 $0 $16,782.14 $16,782.11 45 531 050-092 -03 $632,856 $0 $16,782.14 $16,782.11 38 532 533 050 -092 -02 050 -092 -01 $552,073 $681,974 $0 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 33 41 534 050- 092 -15 $1,699,417 $0 $16.782.14 $16.782.11 101 538 050 - 092 -19 $706,002 $0 $16,782.14 $16,782.11 $16,782.11 549 42 539 050 -092 -20 $2,340,900 $0 $16,782.14 550 $16,782.11 $118,977 139 540 050 -092 -21 $899,336 $0 $16,782.14 $132,556 $16,782.11 $16,782.14 54 541 050- 092 -22 $115,719 $0 $16,782.14 $16.782.14 $16,782.11 38 7 542 050 - 092 -23 $173,528 $0 $16.782.14 $16.782.11 10 1 546 050 -093 -14 $1,623,648 $0 $16,782.14 $16,782.11 97 549 050 - 093 -13 $1,707,368 $0 $16,782.14 $16,782.11 102 550 050- 093 -12 $118,977 $0 $16,782.14 $16,782.11 7 551 050 -093-11 $132,556 $0 $16,782.14 $16,782.11 8 552 050 - 093-10 $643,765 $0 $16.782.14 $16.782.11 38 [a Q:WmPort Beachwd87VtWMlad87 rnl tpt loeprGU. City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report April 28, 2009 Page 20 Asmt No. 553 Assessor's Parcel Number 050 - 093 -09 Total True Value $1,422,734 Assessments as Existing Preliminarily Liens Approved $0 $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 85 554 050 - 093 -08 $742,436 $0 $16,782.14 _ 44 555 050 - 093 -07 $828,943 $0 $16,782.14 $16,782.11 49 556 050- 093 -06 $575,461 $0 $16,782.14 $16,782.11 34 557 050- 093 -05 $379,629 $0 $16,782.14 $16,782.11 23 558 050 - 093 -04 $0 $16,782.14 $16,782.11 116 559 050-093 -03 _$1,951,364 $110,064 $0 $16,782.14 $16,782.11 7 560 050- 093 -02 $158,008 $0 $16,782.14 $16,782.11 9 _ 561 050- 093 -01 $1,697,932 $0 $16,782.14 $16,782.11 101 562 050 - 093 -31 $643,571 $0 $7,745.61 $7,745.59 83 563 050 -093 -30 $66,154 $0 $9,036.54 $9,036.52 7 564 050 -093 -17 $97,095 $0 $16,782.14 $16,782.11 6 565 050 -09318 $196,012 $0 $16,782.14 $16,782.11 12 566 050 -093-19 $174,559 $0 $16,782.14 $16,782.11 10 567 050 -09320 $1,981,210 $0 $16,782.14 $16,782.11 118 568 050 -09321 $342,653 $0 $16,782.14 $16,782.11 20 569 050-09322 $168,489 $0 $16,782.14 $16,782.11 10 570 050-093 -23 $648,043 $0 $16,782.14 $16,782.11 39 571 050 - 093 -24 $113,783 $0 $16,782.14 $16,782.11 7 572 050- 093 -25 $1,950,000 $0 $16,782.14 $16,782.11 116 573 050- 093 -26 $1,433,431 $0 $16,782.14 $16,782.11 85 574 050- 093 -27 $892,930 $0 $16,782.14 $16,782.11 53 575 050 -093 -28 $597,548 $0 $16,782.14 $16,782.11 36 576 050- 093 -29 $1,677,769 $0 $16,782.14 $16,782.11 100 577 050- 101 -26 $5,609,384 $0 $24,527.74 $24,527.69 229 578 050 - 101 -27 $5,517,363 $0 $24,527.74 $24,527.69 225 579 050- 101 -14 $1,122,090 $0 $16,136.67 $16,136.63 70 580 050 - 101 -15 $448,002 $0 $32,918.81 $32,918.74 14 581 050 - 101 -10 $4,161,600 $0 $21,945.88 $21,945.83 190 582 050- 101 -09 $622,410 $0 $16,782.14 $16,782.11 37 583 050- 101 -08 $580,119 $0 $16,782.14 $16,782.11 35 584 050 -101 -07 $442,808 $0 $16,782.14 $16,782.11 26 585 050 - 101 -06 $192,286 $0 $16,782.14 $16,782.11 11 586 050- 101 -05 $1,836,000 $0 $16,782.14 $16,782.11 109 587 050 - 101-04 $115,724 $0 $16,782.14 $16,782.11 7 588 050- 101 -03 $146,969 $0 $16,782.14 $16,782.11 9 589 050- 101 -02 $2,061,987 $0 $16,782.14 $16,782.11 123 590 050- 101 -01 $590,654 $0 $16,782.14 $16,782.11 35 591 050- 101 -16 $402,152 $0 $21,945.88 $21,945.83 18 592 050 - 101 -17 $112,067 $0 $16,782.14 $16,782.11 7 593 050 - 101 -18 $930,676 $0 $24,527.74 $24,527.69 38 594 050- 101 -19 $548,329 $0 $24,527.74 $24,527.69 22 595 050- 101 -25 $272,720 $0 $16,782.14 $16,782.11 16 596 050 - 101 -24 $119,134 $0 $16,782.14 $16,782.11 7 597 050- 101 -21 $208,985 $0 $16,782.14 $16,782.11 12 598 050- 101 -22 $121242 in $16.782.14 $16.782.11 7 Q:\Nmport Beach Wd8Trcports\ad87 fnl rpt ldaprftdoc City of Newport Beach 050- 102 -12 $953,969 $0 $16,136.67 April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) 59 604 050- 102 -14 Final Engineer's Report $0 $32,918.81 $16,782.14 $32,918.74 Page 21 81 605 050- 102 -10 $609,419 $0 $21,945.88 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio _ 599 _ 050- 101 -23 $601,741 $0 $16,782.14 $16,782.11 36 1 604 050- 102 -12 $953,969 $0 $16,136.67 $16,136.63 $16,136.63 59 604 050- 102 -14 $2,659,945 $0 $32,918.81 $16,782.14 $32,918.74 $16,762.11 81 605 050- 102 -10 $609,419 $0 $21,945.88 $16,782.14 $21,945.83 $16,782.11 28 606 050 - 102 -09 $1,764,223 $0 $16,782.14 $16.782.14 $16,782.11 $16.782.11 105 607 _ 050- 102 -08 $1,010,595 $0 $16,782.14 $16,782.14 $16.782.11 $16,782.11 60 121 1 611 050- 102 -04 $491,826 $0 $16,782.14 $16,136.63 - -- $16,782.11 628 29 612 050 - 102 -03 $158,627 $0 $16,782.14 629 $16,762.11 $1,378,668 9 613 050- 102 -02 $205,533 $0 $16,782.14 $4,499,721 $16,782.11 $16,136.67 12 614_ 050- 102 -01 $113,791 $0 $16.782.14 $21,945.88 $16.782.11 39 7 618 050 - 102 -18 $2,703,000 $0 $16,782.14 $16,136.63 $16,782.11 628 161 619 050- 102 -19 $602,055 $0 $16,782.14 629 $16,782.11 $1,378,668 36 620 050- 102 -20 $170,833 $0 $16,782.14 $4,499,721 $16,782.11 $16,136.67 10 621 050- 102 -21 $241,469 $0 $16,782.14 $21,945.88 $16,782.11 39 14 622 050 - 102 -22 $869,864 $0 $16,782.14 29 $16,782.11 050- 103 -08 52 623 050- 102 -23 $364,142 $0 $16,782.14 050 - 103 -07 $16,762.11 $0 22 624 050 - 102 -24 $802,521 $0 $16,782.14 $0 $16,782.11 $16,782.11 48 wit] 627 050- 103 -29 $552,487 $0 $16,136.67 $16,136.63 34 628 050- 103 -13 $1,286,895 $0 $16,136.67 $16,136.63 80 629 050- 103 -14 $1,378,668 $0 $16,136.67 $16,136.63 85 630 050- 103 -15 $4,499,721 $0 $16,136.67 $16,136.63 279 631 050- 103-27 $860,547 $0 $21,945.88 $21,94533 39 632 050 - 103 -26 $482,667 $0 $16,782.14 $16,782.11 29 633 050- 103 -08 $169,804 $0 $16,782.14 $16,782.11 10 634 050 - 103 -07 $102,615 $0 $16,782.14 $16,782.11 6 635 050- 103 -06 $674,790 $0 $16,782.14 $16,782.11 52 636 050 - 103-05 $1,747,872 $0 $16,782.14 $16,782.11 104 637 050- 103 -04 $228,088 $0 $16,782.14 $16,782.11 14 638 050 - 103 -03 $123,173 $0 $16,782.14 $16,782.11 7 639 050- 103-02 $674,842 $0 $16,782.14 $16,782.11 40 640 050 -103 -01 $808,402 $0 $16,782.14 $16,78211 48 641 050- 103 -16 $1,063,039 $0 $21,945.88 $21,945.83 48 642 050- 103 -17 $922,655 $0 $16,782.14 $16,782.11 55 643 050 - 103 -18 $382,986 $0 $16,782.14 $16,782.11 23 644 050 - 103-19 $110,065 $0 $16,782.14 $16,782.11 7 Q:\Newport OcwMAd874eporlslad87 fnl rpt 10apM,doc •I 0 C ullit Q:\Nmport eeachwd871repons\ad87 fnl rpt I OaprO9.dm City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report April 28, 2009 Page 22 Asmt No. 645 Assessor's Parcel Number 050- 103 -20 Total True Value $787,939 Assessments as Existing Preliminarily Liens Approved $0 $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 47 _ 646 050- 103 -21 $613,858 $0 $16,782.14 $16,782.11 37 _ 647 050 - 103 -22 $154,902_ _ - -$0 $16,782.14 $16,782.11 050 - 103 -23 $898,169 $0 $16,782.14 $16,782.11 54 649 050- 103 -24 $182,132 _ $0 $16,782.14 $16,782.11 _ 11 _ 650 050 - 103-25 $1,482,570 $0 $16,782.14 $16,782.11 88 651 050- 132 -05 $1,477,208 $0 $16,782.14 $16,782.11 88 652 050- 132 -04 $1,828,941 $0 $33,56428 $33,564.20 54 653 050 - 132 -03 $2,779,436 _ $0 $16,782.14 $16,782.11 166 _ 654 050 - 132 - 02$257,678 $0 $16,782.14_ $16,782.11 15 655 050- 132 -01 $251,959 $0 $16,782.14 $16,782.11 15 656 050- 132 -19 _ $1,261,905 $0 $16,782.14 $16,782.11 75 657 050 - 132 -18 $328,011 $0 $16,782.14 $16,782.11 20 658 050 7132 -17 $1,157,771 $0 $16,782.14 $16,782.11 69 659 050 - 132 -16 $110,194 $0 $16,782.14 $16,782.11 7 660 050- 132 -15 $577,590 $0 $16,782.14 $16,782.11 34 661 050- 132 -14 $910,789 $0 $16,782.14 $16,782.11 54 662 050 - 132 -13 $1,697,932 $0 $16,782.14 $16,782.11 101 663 050 - 132 -12 $1,629,995 $0 $16,782.14 $16,782.11 97 �92 664 050 - 132 -11 $1,543,696 $0 $16,782.14 $16,782.11 -- - -- 665 050 - 132 -10 $130,343 $0 $16,782.14 $16,782.11 8 666 050- 132-09 $190,284 $0 $16,782.14 $16,782.11 11 667 050- 132 -08 $469,995 $0 $16,782.14 $16,782.11 28 668 050- 132 -07 $1,855,743 $0 $16,782.14 $16,782.11 111 -"' 669 050- 132 -06 $3,672,000 $0 $27,755.08 $27,755.02 132 670 050 - 132 -20 $212,707 $0 $32,918.81 $32,918.74 6 671 050- 132 -21 $404,815 $0 $16,782.14 $16,782.11 24 672 050- 132 -22 $292,671 $0 $16,782.14 $16,782.11 17 673 050- 132 -23 $160,549 $0 $16,782.14 $16,782.11 10 674 050- 132 -24 $143,721 $0 $16,782.14 $16,782.11 9 675 050- 132 -25 $650,976 $0 $16,782.14 $16,782.11 39 676 050- 132 -26 $106,473 $0 $16,782.14 $16,782.11 6 677 050 - 132 -27 $240,987 $0 $16,782.14 $16,782.11 14 678 050- 132 -28 $941,387 $0 $16,782.14 $16,782.11 56 679 050 -132 -29 $154,962 $0 $16,782.14 $16,782.11 9 680 050- 132 -30 $1,185,004 $0 $16,782.14 $16,782.11 71 681 050- 132 -31 $1,976,760 $0 $16,782.14 $16,782.11 118 682 050 - 132 -33 $699,352 $0 $16,782.14 $16,782.11 42 683 050- 132 -34 $403,658 $0 $20,654.94 $20,654.89 20 684 050 - 131 -06 $352,041 $0 $16,782.14 $16,782.11 21 685 050 - 131 -05 $1,335,113 $0 $16,782.14 $16,782.11 80 686 050 - 131 -04 $318,379 $0 $16,782.14 $16,782.11 19 687 050 - 131 -03 $4,911,416 $0 $16,782.14 $16,782.11 293 688 050- 131 -02 $220,295 $0 $16,78214 $16,782.11 13 689 050 - 131 -01 $1,611,946 $0 $16,782.14 $16,782.11 96 690 050 - 131 -21 $187.447 $0 $16.782.14 $16,782.11 11 ullit Q:\Nmport eeachwd871repons\ad87 fnl rpt I OaprO9.dm City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report 050- 131 -12 $111,992 April 28, 2009 Page 23 • Assessors Asmt Parcel No. Number 691 050- 131 -20 Total True Value $823,012 Assessments as Existing Preliminarily Liens Approved $0 $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 49 692 050- 131 -19 $409,270 $0 $16,782.14 $16,782.11 24___ 693 050- 131 -18 $3,029,400 ^ $0--- $161782.14 $16,782.11 181 694 050- 131 -17 $115,711 $0 $16,782.14 $16,782.11 7 695 050 - 131 -16 $128,817 _ $0 $16,782.14 $16,782.11 8 696 050- 131 -15 $679,350 $0 $16,782.14 $16,782.11 40 697 050- 131 -14 8651390 $0 $13.554.80 $13.554.77 48 699 050- 131 -12 $111,992 $0 $16,782.11 7 700 050 - 131 -11 $910,789 $0 _$16,782.14 $16,782.14 $16,782.11 54 701 050 - 131 -10 $154,962 $0 $16,782.14 $16,782.11 9 702 050 - 131 -09 $401,154 $0 $16,782.14 $16,782.11 24 703 050- 131 -08 $480,784 $0 $21,945.88 $21,945.83 22 704 050 -131 -07 $1,638,181 $0 $21,945.88 $21,945.83 75 705 050- 131 -38 $905,168 $0 $16,782.14 $16,782.11 54 706 050- 131 -37 $2,662,200 $0 $16,782.14 $16,782.11 159 707 050 - 131 -24 $132,415 $0 $16,782.14 $16,782.11 8 708 050 - 131 -25 $2,030,256 $0 $16,782.14 $16,782.11 121 709 050- 131 -26 $366,738 $0 $16,782.14 $16,782.11 22 710 050- 131 -27 $2,193,000 $0 $16,782.14 $16,782.11 131 711 050 - 131 -28 $595,978 $0 $16,782.14 $16,782.11 36 712 050- 131 -29 $244,539 $0 $16,782.14 $16,782.11 15 713 050- 131 -30 $158,212 $0 $16,782.14 $16,782.11 9 714 050- 131 -31 $1,116,268 $0 $16,782.14 $16,782.11 67 715 050- 131 -32 $1,696,688 $0 $16,782.14 $16,782.11 101 716 050- 131 -33 $1,109,245 $0 $16,782.14 $16,782.11 66 717 050 -131 -34 $338,592 $0 $16,782.14 $16,782.11 20 718 050- 131 -35 $1,543,888 $0 $21,945.88 $21,945.83 70 719 050- 131 -36 $233,674 $0 $21,945.88 $21,945.83 11 720 050 - 142 -06 $494,112 $0 $16,782.14 $16,782.11 29 721 050 - 142 -05 $2,302,281 $0 $16,782.14 $16,782.11 137 722 050 - 142-04 $266,057 $0 $16,782.14 $16,782.11 16 723 050- 142 -03 $1,510,539 $0 $16,782.14 $16,782.11 90 724 050- 142 -02 $704,431 $0 $16,782.14 $16,782.11 42 725 050 - 142 -01 $2,351,732 $0 $16,782.14 $16,782.11 140 726 050- 142 -36 $245,606 $0 $16,782.14 $16,782.11 15 727 050- 142 -35 $740,458 $0 $16,782.14 $16,782.11 44 728 050 - 142 -18 $1,743,000 $0 $16,782.14 $16,782.11 104 729 050- 142 -17 $164,420 $0 $16,782.14 $16,782.11 10 730 050- 142 -16 $111,992 $0 $16,782.14 $16,782.11 7 731 050 - 142 -15 $418,511 $0 $16,782.14 $16,782.11 25 732 050- 142 -14 $1,967,423 $0 $16,782.14 $16,782.11 117 733 050 - 142 -13 $170,552 $0 $16,782.14 $16,782.11 10 734 050 - 142 -12 $102,747 $0 $16,782.14 $16,782.11 6 735 050 - 142 -11 $108,266 $0 $16,782.14 $16,782.11 6 736 050 - 142 -10 $2.324.490 s0 $16.782.14 $16.782.11 139 0 Q \Nmport 13mch\Ad87VgwtsW97 rnl W MpM.dm City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report April 28, 2009 Page 24 Asmt No. 737 Assessor's Parcel Number 050- 142 -09 Total True Value $128,817 Existing Liens $0 Assessments as Preliminarily Approved $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 8 738 050 - 142 -37 $1,060,840 $0 $16,782.14 $16,78211 63 739 050- 142 -38i $764,647 $0 $21,945.88 $21,945.83 35 740 050- 142 -07 $147,451 $0 $21,945.88 $21,945.83 7 741 050- 142 -20 $191,437 $0 $16,782.14 $16,782.11 11 742 050 - 142 -21 $1,597,014 $0 $16,782.14 $16,782.11 95 743 050 142 -22 $802,323 $0 $16,782.14 $16,782.11 48 744 050- 142 -23 $137,447 $0 $16,782.14 $16,782.11 8 745 050 - 142 -24 $668,600 $0 _ $16,782.14 $16,782.11 40 746 050- 142 -25 $2,153,232 $0 $16,782.14 $16,782.11 128 747 050 - 142 -26 $768,613 $0 $16,782.14 $16,782.11 46 748 050- 142 -27 $1,421,541 $0 $16,782.14 $16,782.11 85 749 050 - 142 -28 $0 $16,782.14 $16,782.11 34 750 050- 142 -29 _$574,965 $514,222 $0 $16,782.14 $16,782.11 31 751 050- 142 -30 $119,435 $0 $16,782.14 $16,78211 7 752 050- 142 -31 $106,473 $0 $16,782.14 $16,782.11 6 753 050- 142 -32 $780,062 $0 $16,782.14 $16,782.11 46 754 050 - 142 -33 $2,260,411 $0 $21,945.88 $21,945.83 103 755 050 - 142 -34 $3,302,500_ $0 $21,945.88 $21,94533 150 756 050 - 121 -13 $3,595,500 $0 $16,136.67 $16,136.63 223 757 050- 121 -27 $145,518 $0 $16,782.14 $16,782.11 9 758 050- 121 -28 $1,156,108 $0 $16,782.14 $16,782.11 69 759 050 - 121 -11 $416,184 $0 $16,782.14 $16,782.11 25 760 050 - 121 -10 $1,567,223 $0 $16,782.14 $16,782.11 93 761 050 -121 -09 $929,595 $0 $16,782.14 $16,782.11 55 762 050 - 121 -08 $993,315 $0 $16,782.14 $16,782.11 59 763 050.121 -07 $891,155 $o $16,782.14 $16,782.11 53 764 050 - 121 -06 $435,278 $0 $16,782.14 $16,782.11 26 765 050 - 121 -05 $318,193 $0 $16,762.14 $16,782.11 19 766 050- 121 -04 $11608,000 $0 $16,782.14 $16,782.11 96 767 050- 121 -03 $571,948 $0 $16,782.14 $16,782.11 34 768 050 - 121 -02 $179,617 $0 $16,782.14 $16,782.11 11 769 050- 121 -01 $865,309 $0 $16,782.14 $16,78211 52 770 050- 121 -30 $889,178 $0 $16,782.14 $16,782.11 53 771 050 - 121 -29 $901,114 $0 $16,782.14 $16,782.11 54 772 050- 121 -15 $1,311,906 $0 $16,782.14 $16,782.11 78 773 050- 121 -16 $1,804,053 $0 $16,782.14 $16,782.11 107 774 050 - 121 -17 $744,580 $0 $16,782.14 $16,782.11 44 775 050- 121 -18 $1,594,000 $0 $16,782.14 $16,782.11 95 " 776 050 - 121 -19 $2,067,451 $0 $16,782.14 $16,782.11 123 777 050- 121 -20 $104,547 $0 $16,782.14 $16,782.11 6 778 050- 121 -21 $126,890 $0 $16,782.14 $16,782.11 8 779 050- 121 -22 $801,040 $0 $16,782.14 $16,782.11 48 780 050 - 121 -23 $546,493 $0 $16,782.14 $16,782.11 33 781 050- 121 -24 $1,366,500 $0 $16,782.14 $16,782.11 81 782 050 - 121 -25 $504,752 $0 $16,782.14 $16.782.11 30 �'?aJ Q:Wewpon BeachWSTrep sW97 fnl rpt loapp09,doc City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineers Report 050 - 122 -03 $680,433 April 28, 2009 Page 25 Asmt No. Assessor's Parcel Number Total True Value Assessments as Existing Preliminarily Liens Approved Assessments as Confirmed and Recorded Value to Lien Ratio 783 050- 121 -26 $1,185,042 $0 $16,782.14 $16,782.11 71 105 122 -30 $166,349 $0 $16,782.14_ $16,782.11 10 _784_050- 785 050- 122 -29 $1,002,906 _ $0 $16,782.14 $16,782.11 60 786 050- 122 -12 $188,014 $0 $16.782.14 $16,782.11 11 787 050- 122 -11 $837,528 $0 $16,782.14 $16,782.11 50 788 050- 122 -10 $613,186 $0 $16,782.14 $16,782.11 37 789 050- 122 -09 $315,145 $0 $16.782.14 $16,782.11 19 790 050- 122 -08 $786,919 $0 $16,782.14 $16,782.11 47 791 050 - 122 -07 $174,479 $0 $16,782.14 $16,782.11 10 792 050 - 122 -06 $425,295 $0 $16,782.14 $16,782.11 25 793 050122 -27 $115,719 $0 $16,782.14 $16,782.11 7 794 050- 122 -28 $487.125 $0 $16.782.14 $16.782.11 29 795 050 - 122 -03 $680,433 $0 $16,782.14 $16,782.11 41 796 050- 122 -37 $2,703,000 $0 $25,518.68 $25,818.62 105 797 050- 122 -26 $44,805 $0 $7,100.13 $7,100.11 6 798 050- 122 -14 $279,893 $0 $17,427.60 $17,42757 $16,782.11 16 799 050- 122 -15 $848,154 $0 $15,49120 $16,782.14 $15,491.17 $16,782.11 55 800 050- 122 -35 $188,560 $0 $16,782.14 $13.554.80 $16,782.11 $13.554.77 11 801 050- 122 -36 $199.481 $0 $18.073.07 $16,782.14 $18,073.03 $16,782.11 11 803 050 -122 -34 $627,016 $0 $16,782.14 $16,782.11 37 804 050 - 122 -18 $166,553 $0 $24,52714 $24,527.69 7 805 050- 122 -19 $596,369 $0 $16,782.14 $16,782.11 36 806 050 - 122 -20 $153,037 $0 $16,782.14 $16,782.11 9 807 050 - 122 -21 $2,317,500 $0 $16,782.14 $16,782.11 138 808 050- 122 -22 $133.422 s0 $13.554.80 $13.554.77 10 100.13 812 050- 123 -14 $608,006 $0 $7,745.61 $7,745.59 78 813 050- 123 -13 $370,768 $0 $9,036.54 $9,036.52 41 814 050 - 123-12 $553,232 $0 $16,782.14 $16,78211 33 815 050- 123 -11 $122,338 $0 $16,782.14 $16,782.11 7 816 050 - 123 -10 $1,459,161 $0 $16,782.14 $16,782.11 87 817 050- 123 -09 $2,353,905 $0 $16,782.14 $16,782.11 140 818 050 -123 -08 $181,736 $0 $16,782.14 $16,782.11 11 819 050- 123-07 $609,593 $0 $16,782.14 $16,782.11 36 820 050- 123 -06 $807,205 $0 $16,782.14 $16,782.11 48 821 050 - 123 -05 $180,975 $0 $16,782.14 $16,782.11 11 822 050 -123 -04 $1,477,860 $0 $16,782.14 $16,78211 88 823 050 - 123 -30 $950,051 $0 $16,782.14 $16,782.11 57 824 050 - 123 -31 $805,633 $0 $16,782.14 $16,782.11 48 825 050 -123 -02 $381,652 $0 $16,782.14 $16,782.11 23 826 050 - 123-01 $291,953 $0 $16,782.14 $16,782.11 17 827 050 - 123 -15 $614,652 $0 $16,782.14 $16,782.11 37 828 050- 123 -16 $104.547 $0 $16.782.14 $16.782.11 6 Q:1Nmport BeachW87Veponatad87 fnt rpt teapi09.40c CJ `f 11 4� C City of Newport Beach 050 -12323 $147,040 $0 $16,782.14 April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) 9 Final Engineer's Report _ 050- 123 -24 $170,034 $0 $16,782.14 Page 26 Assessor's Total 10 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 829 050- 123 -17 $102,609 $0 $16,782.14 $16,782.11 6 _ 830 050 - 123 -18 $395,323 $0 $16,782.14 $16,782.11 24 831 050- 123 -19 _ $2,377,314 $0 $16,782.14 $16,782.11 142 832 050- 123 -20 $524,087_ $0 $16,782.14 $16,782.11 31 833 050- 123-21 $1,937,000 $0 $16,782.14 $16,782.11 115 834 050- 123-22 $1.774.301 $0 $16.782.14 $16,782.11 106 0 El 835 050 -12323 $147,040 $0 $16,782.14 $16,782.11 9 836 _ 050- 123 -24 $170,034 $0 $16,782.14 $16,782.11 10 837 050 - 123 -25 $115,761 $0 $16,782.14 $16,782.11 7 838 050 - 123 -26 $658,025 $0 $16,782.14 $16,782.11 39 839 050- 123 -27 $1,283,044 $0 $16,782.14 $16,136.63 $16,782.11 20 76 840 050- 123 -29 $49,713 $0 $5,809.19 $21,945.83 $5,809.19 24 9 841 050- 123 -28 $189252 $0 $10.327.48 $16,782.11 $10.327.45 850 18 843 050- 111 -12 $494,703 $0 $16,136.67 $16,136.63 31 844 050- 111 -13 $274,303 $0 $16,136.67 $16,136.63 17 845 050- 111 -14 $1,776,509 $0 $16,136.67 $16,136.63 110 846 050- 111 -15 $1,737,368 $D $16,136.67 $16,136.63 108 847 050 - 111 -16 $328,710 $0_ $16,136.67 $16,136.63 20 848 050- 111 -10 v $530,329 $0 $21,945.88 $21,945.83 24 849 050- 111 -09 $171,940 $0 $16,782.14 $16,782.11 10 850 050 - 111 -08 $117,511 $0 $16,782.14 $16,782.11 7 851 050- 111 -07 $732,791 $0 $16,782.14 $16,782.11 44 852 050 - 111 -06 $2,542,500 $0 $16,782.14 $16,782.11 152 853 050- 111 -05 $1,693,000 $0 $16,782.14 $16,782.11 101 854 050 -111 -04 $170,907 $0 $16,782.14 $16,782.11 10 855 050 - 111-03 $113,791 $0 $16,782.14 $16,782.11 7 856 050 - 111 -02 $121,110 $0 $16,782.14 $16,782.11 7 857 050 - 111 -01 $169,803 $0 $16,782.14 $16,782.11 f0 858 050- 111 -17 $1,366,347 $0 $21,945.88 $21.945.83 62 859 050 - 111 -18 $124,967 $0 $16,782.14 $16,782.11 7 860 050 - 111 -19 $117,511 $0 $16,782.14 $16,782.11 7 861 050- 111 -20 $1,024,044 $0 $16,782.14 $16,782.11 61 862 050- 111 -21 $1,383,161 $0 $16,782.14 $16,782.11 82 863 050 - 111 -22 $1,653,000 $0 $16,782.14 $16,782.11 98 864 050 - 111 -23 $743,661 $0 $16,782.14 $16,782.11 44 865 050 - 111 -24 $1,756,299 $0 $16,78214 $16,782.11 105 866 050 - 111 -25 $2,142,000 $0 $16,782.14 $16,782.11 128 867 050- 111 -26 $801,537 $0 $16,782.14 $16,782.11 48 868 050 - 112 -11 $2,066,601 $0 $16,136.67 $16,136.63 128 869 050 - 112 -12 $2,029,005 $0 $16,136.67 $16,136.63 126 870 050- 112 -26 $281,633 $0 $16,136.67 $16,136.63 17 871 050 - 112 -27 $319,073 $0 $16,136.67 $16,136.63 20 872 050 - 112 -14 $2,242,956 $0 $16,136.67 $16,136.63 139 873 050 - 112 -15 $7.147.140 $0 $16.136.67 $16.136.63 443 Q: Wcwport BwMAd87beportslad87 fni rp( 10aprQ9.dm City of Newport Reach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report 050 - 112 -21 $652,024 April 28, 2009 Page 27 Asmt No. Assessor's Parcel Number Total True Value Assessments as Existing Preliminarily Liens Approved Assessments as Confirmed and Recorded Value to Lien Ratio 875 050- 112 -09 $217,328 $0 $16,7827 $16,782.11 13 876 050- 112 -08 $1,543,695 $0 $16,782.14 $16,782.11 92 877 050-112-07 9 - _ -- `$16,782.14 $16,782.11 67 878 050 - 112 -06 $2,499,000 $0 $16,782.14 _ $16,782.11 149 879 050 - 112 -05 $188,558 $0 $16,782.14 $16,782.11 11 880 050 -112 -04 $835,923 $0 $16,782.14 $16,782.11 50 881 050- 112 -03 $965,355 050- 113 -26 $16,762.14 $16,782.11 58 882 050- 112 -02 $642,434 _$0 _ $0 $16,782.14 $16,782.11 38 883 050- 112 -01 $1 257 887 $0 $16782.14 $16,782.11 75 884 050 - 112 -16 $1,118,946 $0 $21,945.88 $21,945.83 51 885 050- 112 -17 $1,934,489 $0 $16,782.14 $16,782.11 115 886 050- 112 -28 $1.087.741 $0 $32.918.81 $32,918.74 33 888 050 - 112 -21 $652,024 $0 $16,782.14 $16,782.11 10 39 889. 050- 112 -22 $1,295,381 $0 $16,782.14 $16,782.11 $16,782.11 7 77 890 050- 112 -23 $148,569 $0 $16,782.14 $16,782.11 $16,782.11 22 9 891 050 - 112 -24 $2,712,819 $0 $16,782.14 $16,782.11 $16,782.11 48 162 892 050- 112 -25 $164,142 $0 $16,782.14 $16,782.11 $16,782.11 36 10 893 050-113-27 $0 $0 $16,782.11 $16,136.63 19 93 894 050- 113 -26 $1,133,996 __$16,136.67 $0 $16,136.67 $16,782.11 $16,136.63 21 70 895 050- 113 -12 $261,266 $0 $16,136.67 $16,782.11 $16,136.63 41 16 896 050- 113-13 $2,570,001 $0 $16,136.67 $21,945.83 $16,136.63 33 159 897 050 - 113 -14 $2,925,327 $0 $16,136.67 $16,782.11 $16,136.63 11 181 898 050- 113 -15 $352,220 $0 $16,136.67_______116,136-63 10 22 899 050 - 113.10 $877,596 $0 $21,945.88 $16,782.11 $21,945.83 82 40 900 050 -113 -09 $211.949 $0 $16.782.14 $16,782.11 $16.782.11 8 13 901 050- 113-08 $171,736 $0 $16,78214 $16,78211 10 902 050 -113 -07 $113,791 $0 $16,782.14 $16,782.11 7 903 050 - 113 -06 $367,931 $0 $16,782.14 $16,782.11 22 904 050 - 113 -05 $801,418 $0 $16,782.14 $16,782.11 48 905 050- 113 -04 $601,327 $0 $16,782.14 $16,782.11 36 906 050- 113-03 $327,213 $0 $16,782.14 $16,782.11 19 907 050 -113 -02 $349,815 $0 $16,782.14 $16,782.11 21 908 050 - 113 -01 $694,374 $0 $16,782.14 $16,782.11 41 909 050 - 113 -16 $727,739 $0 $21,945.88 $21,945.83 33 910 050 - 113 -17 $180,973 $0 $16,782.14 $16,782.11 11 911 050- 113-18 $166,968 $0 $16,782.14 $16,782.11 10 912 050 - 113-19 $1,376,623 $0 $16,782.14 $16,782.11 82 913 050 - 113 -20 $134,287 $0 $16,782.14 $16,782.11 8 914 050- 113-21 $1,099,761 $0 $16,782.14 $16,782.11 66 915 050- 113-22 $758,852 $0 $16,782.14 $16,782.11 45 916 050 -11323 $151,176 $0 $16,782.14 $16,782.11 9 917 050 - 113 -24 $867,970 $0 $16,782.14 $16,782.11 52 918 050- 113 -25 $117,511 $0 $16,782.14 $16,782.11 7 919 050 - 141 -05 $408,402 $0 $16,782.14 $16,782.11 24 920 050 - 141 -36 $3.500.883 $0 $16.782.14 $16.782.11 209 QANMpon BeachW97kmp r s1ad87 rnl q% 10apA9.dm L 0 1. 4 City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report April 28, 2009 050- 141 -02 925 Assessor's Total $0 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 921 050- 141 -37 $3.895.171 s0 116 782.14 %1678211 232 050- 141 -02 925 050- 141 -01 $2,236,860 $0 $9,036.54 $9,036.52 6 248 926 050- 141 -20 $115,711 $0 $16,782.14 $24,527.69 $16,782.11 7 927 050- 141 -19 $1,237,585 $0 $16,782.14 $21,945.88 $16,78211 $21,945.83 74 928 050- 141 -18 $110,194 $0 $16,782.14 $21,945.88 $16,782.11 $21,945.83 7 929 050- 141 -17 $99,022 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 6 930 050- 141 -16 $102,747 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 6 931 050 - 141 -15 $154,000 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 9 932 050 - 141 -14 $1,899,562 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 113 933 050- 141 -13 $1,515,404 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 90 934 050- 141 -12 $846,638 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 50 935 050- 141 -11 $164,275 $0 $16,782.14 $16,782.14 $16,782.11 10 936 050 - 141 -10 $2,424,500 $0 $16,782.14 $0 $16,782.11 144 937 050- 141 -09 $126,846 $0 $16,782.14 $0 $16,782.11 8 938 050 - 141-08 $104,539 $0 _ $16,782.14 $0 $16,782.11 6 9_39050- _ 141 -07 $263,196 $0 _ $21,945.88 $0 $21,945.83 12 940 050- 141 -06 $2,315,500 $0 $21,945.88 $0 $21,945.83 _ 106 941 050- 141 -21 $119.435 $0 $16.782.14 $16.782.11 7 942 050 - 141 -22 $108,266 $0 $16,782.14 $16,782.11 6 943 050- 141 -23 $1,043,374 $0 $24,527.74 $16,782.14 $24,527.69 $16,782.11 43 944 050 - 141 -24 $182,907 $0 $24,527.74 $21,945.88 $24,527.69 $21,945.83 7 945 050- 141 -25 $697,288 $0 $16,782.14 $21,945.88 $16,782.11 $21,945.83 42 946 050- 141 -26 $1,685,216 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 100 947 050- 141 -27 $475,642 $0 $16,782.14 $16,782.14 $16,78211 $16,782.11 28 948 050- 141 -28 $349,822 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 21 949 050 - 141 -29 $155,456 $0 $16,782.14 $16,782.14 $16,782.11 $16,782.11 9 950 050 - 141 -30 $987.102 $0 $16782.14 $16,782.14 $16.782.11 $16,782.11 59 951 050- 141 -31 $174,640 $0 $16,782.14 $16,782.11 10 952 050- 141 -32 $649,751 $0 $16,782.14 $16,782.11 39 953 050- 141 -33 $165,900 $0 $21,945.88 $21,945.83 8 954 050 -141 -34 $1,046,155 $0 $21,945.88 $21,945.83 48 955 050 - 152-06 $1,002,855 $0 $16,782.14 $16,782.11 60 956 050- 152 -05 $1,085,819 $0 $16,782.14 $16,782.11 65 957 050 - 152 -04 $1,517,875 $0 $16,782.14 $16,782.11 90 958 050- 152 -03 $1,324,128 $0 $16,782.14 $16,782.11 79 959 050 - 152 -02 $874,355 $0 $16,782.14 $16,782.11 52 960 —961 050 - 152 -01 $205,162 $0 $16,782.14 $16,782.11 12 050 - 152 -20 $158,753 $0 $16,782.14 $16,782.11 9 962 050 - 152 -19 $569,299 $0 $16,782.14 $16,782.11 34 963 050- 152 -18 $1,304,693 $0 $16,782.14 $16,782.11 78 964 050- 152 -17 $113,917 $0 $16,782.14 $16,782.11 7 965 050- 152 -16 $176,524 $0 $16,782.14 $16,782.11 11 966 050- 152 -15 $164.272 $0 $16.782.14 $16.78211 10 Q: Wewport RMCM4d8TreporfsW87 fnl rpt 10apr09.doc City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report 050 - 152 -21 $2,005,134 April 28, 2009 Page 29 Assessor's Asmt Parcel Ho. Number 967 050 - 152 -14 Total True Value $117,643 Assessments as Existing Preliminarily liens Approved $0 $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 7 968 050 - 152 -34 $1,023,46_9 $0 $16,782.14 _$16,782.11 61 _ J 969 050 - 152 -35 $160,549 $0 $16,782.14 $16,782.11 10 970 050- 152 -12 $415,065 $0 $16,782.14 $16,782.11 25 971 050- 152 -11 $174,768 $0 $16,782.14 $16,782.11 10 972 050- 152 -10 $155,132 $0 $16,782.14 $16,782.11 9 973 050 - 152 -09 $132,544 $0 $16,782.14 $16,78211 8 976 050 - 152 -21 $2,005,134 $0 $29,046.01 $14,845.71 $29,045.94 11 69 977 050 - 152 -22 $143,803 $0 $14,845.74 $14,845.71 984 10 978 050 - 152 -23 $1,521,168 $0 $29,046.01 9 $29,045.94 050 - 152 -30 52 979 050- 152 -24 $143,803 $0 $14,845.74 986 $14,845.71 $165,321 10 , 980 050- 152 -25 $135,394 $0 $14,845.74 050- 152 -32 $14,845.71 $0 9 982 050 - 152 -27 $162,424 $0 $14,845.74 $14,845.71 11 983 050 - 152 -28 $456,969 $0 $14,845.74 $14,845.71 31 984 050- 152 -29 $131,170 $0 $14,845.74 $14,845.71 9 985 050 - 152 -30 $415,605, $0 $14,845.74 $14,845.71 28 986 050 - 152 -31 $165,321 $0 $14,845.74 J $14,845.71 11 987 050- 152 -32 $186,627 $0 $19,364.01 $19,363.97 10 988 050- 152 -33 $248,156 $0 $19,364.01 $19,363.97 13 989 050 -151 -05 $1,095,522 $0 $16,782.14 $16,782.11 65 990 050 - 151 -04 $2,902,155 $0 $16,782.14 $16,782.11 173 991 050- 151 -03 $210,914 $0 $16,782.14 $16,782.11 13 992 050- 151 -02 $279,897 $0 $24,527.74 $24,527.69 11 993 050 -151 -01 $1,182,582 $0 $24,527.74 $24,527.69 48 994 050- 151 -19 $178,247 $0 $14,845.74 $14,845.71 12 995 050- 151 -18 $911,876 $0 $14,845.74 $14,845.71 61 996 050 - 151 -17 $228,221 $0 $14,845.74 $14,845.71 15 997 050- 151 -16 $158,698 $0 $14,845.74 $14,845.71 11 998 050- 151 -15 $145,663 $0 $14,845.74 $14,845.71 10 999 050- 151 -14 $645,145 $0 $14,845.74 $14,845.71 43 1000 050 - 151 -13 $559,963 $0 $14,845.74 $14,845.71 38 1001 050- 151 -11 $265,129 $0 $29,046.01 $29,045.94 9 1002 050 - 151 -10 $607,577 $0 $14,845.74 $14,845.71 41 1003 050 - 151 -09 $948,269 $0 $14,845.74 $14,845.71 64 1004 050- 151 -08 $489,632 $0 $14,845.74 $14,845.71 33 1005 050 - 151 -38 $626,602 $0 $14,845.74 $14,845.71 42 1006 050- 151.39 $891,654 $0 $19,364.01 $19,363.97 46 1007 1008 050 - 151 -06 050 - 151 -36 $2,325,600 $2,186,512 $0 $0 $19,364.01 $16,782.14 $19,363.97 $16,782.11 120 130 1009 050 - 151 -35 $164,657 $0 $16,782.14 $16,782.11 10 1010 050 - 151 -21 $2,417,859 $0 $16,782.14 $16,782.11 144 1011 050- 151 -22 $259,790 $0 $16,782.14 $16,782.11 15 1012 050 - 151 -37 $169.936 $0 $16.782.14 $16,782.11 10 Q:1Newport 13each\Ad87 epoMW87 Cnt rpt t0apr09,dm City of Newport Beach 050- 151 -40 $1,823,946 $0 $16,782.14 April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) 1019 050- 151 -29 $502,585 Final Engineer's Report $16,782.14 $16,782.11 30 1020 Page 30 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 1013 050 - 151 -24 $177,391 $0 $16,782.14 $16,782.11 11 1014 050- 151 -25 i $924,984 $0 $16,782.14 $16,782.11 55 1015 050 - 151 -26 _ $164.279 so 116.711214 116.78211 10 1018 050- 151 -40 $1,823,946 $0 $16,782.14 $16,782.11 109 1019 050- 151 -29 $502,585 $0 $16,782.14 $16,782.11 30 1020 050 - 151 -30 $790,166 $0 $16,782.14 $16,782.11 47 1021 050 - 15142 $1,103,563 $0 $16,782.14 $16,782.11 66 _1022 -050-151A3$702,805 $411,941 $0 $16,782.14 $16,782.11 42 1023 050 - 151 -33 $456,524 $0 $10,972.93 $10,972.91 42 1024 050- 161 -14 $910,439 $0 $16,782.14 $16,782.11 54 1025 050- 161 -13 $2,185,678 $0 $16,782.14 $16,782.11 130 1026 050- 161 -12 $195.870 s0 $16.782.14 $16.782.11 12 1028 050- 161 -10 $117,511 $0 $16,782.14 $16,782.11 7 1029 050- 161 -09 $2,754,000 $0 $16,782.14 $16,782.11 164 1030 050- 161 -08 $139,058 $0 $16,78114 $16,762.11 8 1031 050 - 161 -07 $1,062,552_ $0 $16,782.14 $16,78211 63 1032 050 - 161 -06 $411,941 $0 $16,782.14 $16,78211 25 1033 050 - 161 -05 $896,432 $0 $16,782.14 $16,782.11 53 1034 050 - 161-04 $627,451 $0 $16,782.14 $16,782.11 37 1035 050 -161 -03 $892,930 $0 $16,782.14 $16,782.11 53 1036 050 - 161 -02 $139,997 $0 $16,782.14 $16,782.11 8 1037 050- 161 -01 $605,824 $0 $16,782.14 $16,782.11 36 1038 050- 161 -15 $861,319 $0 $16,782.14 $16,782.11 51 1039 050- 161 -16 $0 $16,782.14 $16,762.11 7 1040 050- 161 -17 _$121,803 $167,664 $0 $16,782.14 $16,782.11 10 1041 050 - 161 -18 $110,064 $0 $16,782.14 $16,782.11 7 1042 050- 161 -19 $176,672 $0 $16,782.14 $16,78211 11 1043 050- 161 -20 $157,866 $0 $16,762.14 $16,782.11 9 1044 050- 161 -21 $128,117 $0 $16,782.14 $16,782.11 8 1045 050- 161 -22 $254,057 $0 $16,782.14 $16,782.11 15 1046 050 - 161 -23 $2,152,193 $0 $16,782.14 $16,78211 128 1047 050 - 161 -24 $110,064 $0 $16,782.14 $16,78211 7 1048 050- 161 -25 $670,376 $0 $16,782.14 $16,782.11 40 1049 050 - 161 -26 $115,725 $0 $16,782.14 $16,782.11 7 1050 050- 161 -27 $115,719 $0 $16,782.14 $16,782.11 7 1051 050- 161 -28 $119,447 $0 $16,782.14 $16,782.11 7 1052 050 - 162 -14 $1,840,134 $0 $16,782.14 $16,782.11 110 1053 050- 162 -13 $1,611,090 $0 $16,782.14 $16,782.11 96 1054 050 - 162 -12 $537,190 $0 $16,782.14 $16,782.11 32 1055 050- 162 -11 $742,354 $0 $16,782.14 $16,78211 44 1056 050- 162 -10 $134.342 s0 $16.782.14 $16.782.11 8 1 Q:WewporI D=hW37veports1ad87 fnl rpt I Oapro9.doc City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report 050- 162 -23 $582,777 April 2B, 2009 Page 31 • Asmt No. 1059 Assessor's Parcel Number 050- 162 -07 Total True Value $781,171 Assessments as Existing Preliminarily Liens Approved $0 $16,782.14 Assessments as Confirmed and Recorded $16,782.11 Value to Lien Ratio 47 1060 050 - 162 -06 $1,434,222 $0 $16,782.14 $16,782.11 85 1061 050- 162 -05 $789,835 $0 $16,782.14 $16,782.11 47 1062 050- 162 -04 $121,240 $0 $16,782.14 $16,782.11 7 1063 050- 162 -03 $96,126 $0 $16,782.14 $16,782.11 6 1064 050 - 162 -02 $692,247 $0 $16,782.14 $16,782.11 41 1065 050- 162 -01 $133,868 $0 $16,782.14 $16,782.11 8 1066 050 - 162 -15 $1,648,446 $0 $14,845.74 $14,845.71 111 1067 050 - 162 -16 $847,406 $0 $29,046.01 $29,045.94 29 1068 050- 162 -17 $158,698 $0 $14,845.74 $14,845.71 11 1069 050- 162 -18 $136,347 $0 $14,845.74 $14,845.71 9 1070 050- 162 -19 $1,342,428 $0 $14,845.74 $14,845.71 90 1071 050 - 162 -20 $1,299,979 $0 $14,845.74 $14,845.71 88 1072 050- 162 -21 $630,952 $0 _ $14,845.74 $14,845.71 43 1073 050- 162 -22 $735.926 $0 $14.845.74 $14.845.71 50 1074 050- 162 -23 $582,777 $0 $14,845.74 $14,845.71 39 1075 050- 162 -24 $1,638,630 $0 $14,845.74 $14,845.71 110 1076 050- 162 -25 $202,722 $0 $14,845.74 $14,845.71 14 1077 050- 162 -26 $790,714 $0 $14,845.74 $14,845.71 35 1078 050 - 162 -30 $648,375 $0 $14,645.74 $14,845.71 44 1079 050- 163-13 $280,030 $0 $29,046.01 $29,045.94 10 1080 050 - 163 -12 $475,645 $0 $14,845.74 $14,845.71 32_ 1081 050- 163 -11 $149,455 $0 $14,845.74 $14,845.71 10 1082 050 - 163-10 $296,037 $0 $14,845.74 $14,845.71 20 1083 050 -163 -08 $2,546,899 $0 $29,046.01 $29,045.94 88 1084 050- 163 -07 $214,019 $0 $14,845.74 $14,845.71 14 1085 050- 163 -06 $812,050 $0 $14,845.74 $14,845.71 55 1086 050- 163 -05 $136,347 $0 $14,845.74 $14,845.71 9 1087 050 - 163-04 1471 R70 so $1454574 $14.845.71 32 1091 050 - 163 -14 $854,310 $0 $16,782.14 $16,78211 51 1092 050 - 163-15 $1,287,143 $0 $16,782.14 $16,782.11 77 1093 050- 163 -16 $279,339 $0 $16,782.14 $16,782.11 17 1094 050- 163 -17 $581,338 $0 $16,782.14 $16,78211 35 1095 050- 163 -27 $2,199,120 $0 $16,782.14 $16,782.11 131 1096 050- 163 -26 $141,930 $0 $16,782.14 $16,782.11 8 1097 050- 163-19 $468,079 $0 $16,782.14 $16,782.11 28 1098 050- 163-20 $252,237 $0 $16,782.14 $16,782.11 15 1099 050- 163 -29 $2,754,000 $0 $16,782.14 $16,782.11 164 1100 050 - 163 -28 $708,126 $0 $16,782.14 $16,782.11 42 1101 050- 163 -22 $537,083 $0 $16,782.14 $16,782.11 32 1102 050- 163-23 $822,090 $0 $16,782.14 $16,782.11 49 1103 050 - 163 -24 $1,758,710 $0 $16,782.14 $16,782.11 105 1104 050 - 163-25 $189.672 $0 $16.782.14 $16,782.11 11 Q %Nmporl f)=MAd87report WS7 fnl qH leaprtl9.do City of Newport Beach 050- 171 -16 $3,556,281 $0 $16,136.67 April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) 1129 220 1111 • Final Engineer's Report $4,265,640 $0 $21,945.88 050- 172 -10 Page 32 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 1105 050 - 171 -11 $1,983,428 $0 $16,136.67 $16,136.63 123 1106 05_0_- 171 -12 $382,666 050 - 172 -05 $16,782.11 $16,136.63 24 _ 1107 050- 171 -13 $5,037,000 _$0_ $0 __$16,136.67 $16,136.67 $16,136.63 _ 312 1108 050- 171 -14 $1,347,488 $0 $16,136.67 - $16,136.63 84 1109 050- 171 -15 $1,745,558 $0 $16,136.67 $16,136.63 108 1110 050- 171 -16 $3,556,281 $0 $16,136.67 050- 171 -25 $16,136.63 1129 220 1111 050- 171 -10 $4,265,640 $0 $21,945.88 050- 172 -10 $21,945.83 1132 194 _ 1112 050 - 171-09 $2,095,885 $0 $16,782.14 149 $16,782.11 050 - 172 -26 125 1113 050- 171 -08 $126,900 $0 $16,762.14 1141 $16,782.11 $136,281 8 1114 050 - 171 -07 $1,033,548 $0 $16,782.14 050 - 172 -05 $16,782.11 $0 62 1115 050- 171 -06 $777,370 $0 $16,782.14 $98,893 $16,782.11 $16,782.14 46 1116 050 - 171 -05 $724,010 $0 $16,782.14 $0 $16,782.11 $16,782.11 43 1117 050 -171 -04 $115,724 $0 $16,782.14 $16,782.14 $16,782.11 7 1118 050 -171 -03 $120.719 $0 $16,782.14 $9,036.52 $16.782.11 8 7 1120 050 - 171 -01 1121 050- 171 -17 1122 050 - 171 -18 112_3 050- 171 -19 1124 050 - 171 -20 746 139 106 14 14 136.67 136.67 945.83 55 782.11 44 918.74 10 782.11 35 100.11 166 136.63 17 136.63 73 1137 1127 050- 171 -23 $0 1128 050- 171 -25 1129 050 - 171 -24 050 -172-08 1130 050 - 172 -11 $19,364.01 1131 050- 172 -10 46 1132 050- 172 -12 746 139 106 14 14 136.67 136.67 945.83 55 782.11 44 918.74 10 782.11 35 100.11 166 136.63 17 136.63 73 1137 050 -172 -09 $914,783 $0 $19,364.01 $19,363.97 47 1138 050 -172-08 $898,359 .$0 $19,364.01 $19,363.97 46 1139 050 - 172 -07 $2,507,364 $0 $16,782.14 $16,782.11 149 1140 050 - 172 -26 $164,281 $0 $16,782.14 $16,782.11 10 1141 050 - 172 -25 $136,281 $0 $16,782.14 $16,782.11 8 1142 050 - 172 -05 $1,115,951 $0 $16,782.14 $16,782.11 66 1143 050- 172 -04 $98,893 $0 $16,782.14 $16,782.11 6 1144 050 -172 -03 $875,086 $0 $16,782.14 $16,782.11 52 1145 050 - 172 -02 $807,563 $0 $16,782.14 $16,782.11 48 1146 050- 172 -01 $69,092 $0 $9,036.54 $9,036.52 8 1147 050 - 172 -24 $900.000 s0 $7.745.61 $7.745.59 116 1 Q:Wewport Bea&h Ad874epon%WS7 fni rpt 10aprO%doc 14 City of Newport Beach 050- 172 -23 $2,277,166 $0 $29,Q46.01 April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) 214 78 1157 Final Engineer's Report $337,980 $0 $16,136.67 56 Page 33 • Assessors Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien _ No. Number Value Liens Approved and Recorded Ratio 1151 050 - 172 -18 1337,692 $0 $16,782.14 $16,782.11 20 _ 1152 050 - 172 -19 $1,376,623 $0 $16.782.14 $16.782.11 82 1155 050- 172 -23 $2,277,166 $0 $29,Q46.01 $16,136.63 $29,045.94 214 78 1157 050- 173 -10 $337,980 $0 $16,136.67 56 $16,136.63 1166 21 1158 050- 173 -11 1285,544 $0 $16,136.67 13 $16,136.63 050 -173 -04 18 1159 050 - 173-12 $365,627 $0 $16,136.67 1168 $16,136.63 $1,323,167 23 1160 050 - 173 -13 $1,158,317 $0 $16.136.67 050 - 173 -02 $16.136.63 $0 72 1164 050- 173-07 $119,446 $0 $16,136.67 $16,136.63 7 214 1165 050 - 173 -23 -050-173-06$903,223 $0 $16,136.67 $16,136.63 56 43 1166 050- 173-05 $1,036,500 $0 $16,136.67 $16,136.63 64 13 1167 050 -173 -04 $789,835 $0 $16,136.67 $16,136.63 49 5 1168 050- 173-03 $1,323,167 $0 $16,136.67 $16,136.63 82 1169 050 - 173 -02 $176,283 $0 $16,136.67 $16,136.63 11 1170 050 -173-01 $1,310,187 $0 $29,046.01 $29,045.94 45 1171 050- 173 -15 $918,347 $0 $21,945.88 $21,945.83 42 1172 050 - 173-16 $191,734 $0 $16,136.67 $16,136.63 12 1173 050 - 173 -17 $258,697 $0 $16,136.67 $16,136.63 16 1174 050 - 173 -18 $1,766,413 $0 $16,136.67 $16,136.63 109 1175 050- 173 -19 $222,088 $0 $16,136.67 $16,136.63 14 1176. 050- 173 -20 $646,323 $0 $16.136.67 $16.136.63 40 1178 050 - 173 -22 $3,450,000 $0 $16,136.67 $16,136.63 214 1179 050 - 173 -23 $700,931 $0 $16,136.67 $16,136.63 43 1180 050 - 173 -24 $214,689 $0 $16,136.67 $16,136.63 13 1181 050 -052 -30 $159,588 $0 $32.273.34 $32.273.27 5 C: Q:N—pw Bmh1Ad87\rq=ts1ad87 fnl rpt 10apo09.dm City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Page 34 El Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $20,433,500 B. UNPAID SPECIAL ASSESSMENTS $0 ' TOTAL A& B $20,433,500 C. TRUE VALUE OF PARCELS $1,049,662,006 " AVERAGE VALUE TO LIEN RATIO 51 :1 Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibilii3, as that is not the responsibility of the Assessment Engineer. CERTIFICATION I, the undersigned Assessment Engineer, do hereby certify that (i) the total amount of the principal sum of the special assessments proposed to be levied, together with the principal amount of previously levied special assessments, as set forth above, do not exceed one -half (1/2) the total true value of the parcels proposed to be assessed, and (ii) the amount proposed to be assessed upon any parcel does not exceed one -half of the true value of the parcel. EXECUTED on April 28, 2009. HARRIS & ASSOCIATES R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q:Wewport neachlAd87V W0rts1ad87 61 rpt 10apr09.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Page 35 Exhibit 1 Method and Formula of Assessment Spread Since the improvements are to be funded by the levying of assessments, the "Municipal Improvement Act of 1913" and Article XIIID of the State Constitution require that assessments must be based on the special benefit that the properties receive from the works of improvement. In addition, Section 4 of Article XIIID of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also provides that parcels within a district that are owned or used by any public agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District. Based upon an analysis of the special benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportionment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the. conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits received by each parcel within the Assessment District. Ballot tabulation will be done at that time and, if a majority of the ballots weighted by assessment amount are not in opposition to the Assessment District, the City Council may form the Assessment District. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. SPECIAL BENEFITS In further making the analysis, it is necessary that the properties receive a special benefit distinguished from general benefits conferred on real property located in the District or to the public at large. The purpose of this Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities as well as rehabilitate the streets within the District. These facilities are the direct source of service to the properties within the Assessment District. El Q INImport Be ch\Ad87repws\ad87 fnl rpl 1 Oaprn9.doc City of Newport Beach April 28,209 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Page 36 The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing wood poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to the facilities as follows: I] • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. • Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. • Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. In this Assessment District, 100% of the cost allocation for the improvements is special benefit to the parcels within the Assessment District. By virtue of such special benefits, the proposed improvements will provide a higher level of service, increase the desirability of the properties and will specifically enhance the values of the properties within the Assessment District. Therefore, the proposed improvements are of direct and special benefit to these properties. GENERAL BENEFITS General benefits to the surrounding community and public in general from undergrounding of these local overhead utilities, such as to the general public visiting Balboa Island in cars, on bikes or on foot, are incidental and are adequately offset by the 19% contribution from the utility companies to the utility construction budget. METHODOLOGY Based upon the findings described above, the special benefit received by the properties within the boundaries of the Assessment District is the conversion from an overhead to an underground utility system resulting in additional safety, enhanced reliability, and improved aesthetics to the adjacent properties. Based on these conditions, it is our conclusion that the improvements specially benefit all assessed properties in the Assessment District. To establish the benefit to the individual parcels within the Assessment District, The highest and best use of each property is considered. For example, a vacant property is considered developed to its highest potential and connected to the system. The more a property is developed, the more it benefits from the proposed improvements. Most of properties within this Assessment District are zoned for either residential or mixed -use commercial, and many are built out to cover virtually the entire property with buildings — basically having almost full utilization of the property. There is a direct correlation between the size of a property and the extent to which a property may develop. Because parcel size is one of the main limiting factors for what can be built on a property, or the extent the property is developed, the size of each parcel is used as the base unit for measuring benefit. Q \Nmport 8eachWd874eports\ad87 fni rM 10apfflUm City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Page 37 The area of each property has been rounded to the nearest 100 square feet(sf), which accounts for any minor area calculation inconsistencies. The area of a condominium is calculated by taking the area of the base parcel and dividing by the number of condominiums. The special benefits from the undergrounding of overhead utilities are categorized into the three (3) distinct benefits identified above. All parcels within the District, except for the few exceptions identified below, receive 3 of the 3 benefits (which is a factor of 1). Therefore, their rounded parcel areas are multiplied by 1 to calculate the "Assessed Parcel Area" on which costs are apportioned. Excentions There is one parcel whose benefits do not fit the above methodology, and it is explained below_ 1. Asmt No. 1181, City property located in the Main Channel at the intersection of Agate Avenue and South Bay Front, and is the docking point for the Balboa Island Ferry, This property is located entirely in the bay and has some pier structures for the ferry landing and fueling station. The bulk of this property is submerged and does not benefit from utility undergrounding. However, the piers within the boundaries of this property do receive special benefit from the improvements. These pier structures are approximately 5,000 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 5,000 sf. ASSESSMENT APPORTIONMENT Each parcel will be apportioned its fair share of the construction costs based on the Assessed Parcel Area calculated for each property. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. The individual assessment calculations are provided in the Appendix. For particulars to the Assessment Roll, reference is made to Table 1 in Part III of this report. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. DATED: April 28, 2009 41965 3/31/10 Q:%Newpon Be hWd87trep0nstad67 fnl rpt MpA9 dm HARRIS & ASSOCIATES lJ /I JJAN E COX, P.E. R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA • 0 a r� U City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Enoineer's Renort April 28, 2809 38 1, , as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the ` day of , 2009. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 1, , as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF NEWPORT BEACH, CALIFORNIA, on the day of 2009. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA PI, , as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of , 2009. d CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, _ , as SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was recorded in my office on the _ day of , 2009. Q:\Nmport Beach\Ad87Veports\ad87 fnl rpt I0epr09.dM SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Part IV Annual Administrative Assessment April 28, 2009 39 0 A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(4) of the Streets and Highways Code and shall not exceed fifty dollars ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. rJ Q:Newporl neach\Ad87\cepnnslad87 ful ryrt 10apr0g.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) IsFinal Engineer's Report Page 40 Part V Diagram of Assessment A reduced copy of the Assessment Diagram is attached hereto. Full -sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the City Clerk, of the City of Newport Beach. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Part III Table I. The Assessor's Parcel Number is also shown for each parcel as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel of land. 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U Q."Nmpon BmRAd874epons\ad67 fni tpt I OaprKdoc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Page 55 W z Co Q 0 y O 0 z zZ O ~Co H N =U W Q'Q M F W W Q o m yy ¢� W y W to o Q U o s EMU P f q o Y a s' ir '� r Y i Vim. - ❑!''• 'e: �• r t2 rr c H � 4 3 W z Co Q 0 y O 0 z zZ O ~Co H N =U W Q'Q M F W W Q o m yy ¢� W y W to o Q U iG � EMU P © Y n Y \ n '� r Y i Vim. - ❑!''• 'e: �• r iG � iG P © Y n Y \ n '� r Y i Vim. - ❑!''• 'e: �• r Q:%Nmpon 9mchtAd874cportslad87 rnl tpt 10aprKdoc t H W W (n W w m w z 2 U r ZI 133HS 33S 3MIHOIWY .+. © Y Y 6 <a Q:%Nmpon 9mchtAd874cportslad87 rnl tpt 10aprKdoc t H W W (n W w m w z 2 U r ZI 133HS 33S 3MIHOIWY 0 J 6 <a V 0 J • 0/ I] City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Page 56 n � o C; 0 Z� urZ ii QUQ o0 ern —� m m� tNnwa �< � M m 01;; Q z N o Q V i w S v� w w v� w z x MW L I a ll1` 04HI a p�� AM I Not M; I IL SMM x a a n � o C; 0 Z� urZ ii QUQ o0 ern —� m m� tNnwa �< � M m 01;; Q z N o Q V i w S v� w w v� w z x U H _ --' - -3Atl XAN6- Q _ __ __ -._ MW L I � ll1` 04HI Alf p�� AM I Not M; I U H _ --' - -3Atl XAN6- Q _ __ __ -._ MW ll1` p�� IL SMM U H _ --' - -3Atl XAN6- Q _ __ __ -._ Q \Newport 8mcMAd87treponslad87 &d ryi lNprO9.doc - -�AV-- #H3WM— Cl 133HS 33S 3NIIHD1VA i I F w w S w w w z x U Q M' -g Z cF 6 is VR ll1` p�� Q \Newport 8mcMAd87treponslad87 &d ryi lNprO9.doc - -�AV-- #H3WM— Cl 133HS 33S 3NIIHD1VA i I F w w S w w w z x U Q M' -g Z cF 6 is VR City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Page 57 W co z n I p LL O ci�z ZE CUQ -S 0 I z U W °Q `� �F0 m �Z� wWQ of Atn t� NLL (n o a Z F W N (n W Z 2 U a- bl 133HS 33S 3NIIHD1bW QMmport Beach41dS7WWrtstad87 ful rpt 10ap(09.doc �• q t _s V !• N .11 # Q ` I W co z n I p LL O ci�z ZE CUQ -S 0 I z U W °Q `� �F0 m �Z� wWQ of Atn t� NLL (n o a Z F W N (n W Z 2 U a- bl 133HS 33S 3NIIHD1bW QMmport Beach41dS7WWrtstad87 ful rpt 10ap(09.doc �• q t _s V !• Z j] ` rc E Ll City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Renort Part VI Description of Facilities April 28, 2009 Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be installed, or improved under the provisions of the Act, including the acquisition of required right -of -way and/or property. For the general location of the improvements to be constructed referenced is hereby made to the Plans and Specifications described in Part I of this report. The following improvements are proposed to be constructed and installed in the general location referred to as Assessment District No, 87. 1. Removal of existing utility poles, 2. Removal of overhead resident service drops. 3. Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes and pullboxes. 4. Construction of service conduit and appurtenances. The improvements will be designed by the Southern California Edison Company, AT &T and Time Warner Cable. The City of Newport Beach will inspect the work to ensure conformance to City standards and specifications where applicable. The City will also construct additional pavement rehabilitation as needed for the project. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company, AT &T, and Time Warner Cable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work done by the Assessment District. The estimated time for completion of the undergrounding of the utilities is 36 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 300 days of the completion of the underground facilities. Failure to convert individual service connections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 of the Municipal Code. Overhead facilities cannot be removed until all overhead service has been discontinued. Q: Wewpon Sm WMVVeports)ada7 fnl rpl 1 Oap Kdw City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Page 59 Right -of -Way Certificate STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. That at all time herein mentioned, the undersigned was, and now is, the authorized representative of the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of Article XIIID of the California Constitution, and the "Municipal Improvements Act of 1913;' being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 87 (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: It is acknowledged that the proposed Works of Improvement must be located within public rights -of- way, land, or easements owned by or licensed to the CITY OF NEWPORT BEACH, County of Orange, State of California, at the time of the construction of the Works of Improvement, and the undersigned hereby further certifies that all rights -of -way necessary for the Works of Improvements will be obtained and in possession of the City, County, or State prior to construction by the CITY OF NEW PORT BEACH. EXECUTED this day of California. Q:Newport BeachW87Veports\ad87 Chl rpt 10aprKdoc 2009, at CITY OF NEWPORT BEACH, SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California M7 Stephen Badum, PE LJ C City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Reoort Certificate of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of perjury, CERTIFIES as follows: April 28,2W9 R0 That I am the person who authorized to prepare and process all environmental documentation as needed as it relates to the formation of the special Assessment District being formed pursuant to the provisions of the "municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, said special Assessment District known and designated as ASSESSMENT DISTRICT NO. 87 (hereinafter referred to as the "Assessment District "). 2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows: CEQA compliance review. The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstructions). 3. I do hereby certify that all environmental evaluation proceedings necessary for the formation of the Assessment District have been completed to my satisfaction, and that no further environmental proceedings are necessary. EXECUTED this day of California. Q: Wmport BeacMAdMeponsW87 rN tpt I OaW9.doc 2009, at CITY OF NEWPORT BEACH, Stephen Badum, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Cal Assessor's Parcel Total April 28, 2069 Appendix Page t • Property Asmt Parcel Size (sQ Construction Incidental Financial Total Q'Nb pon l3eacMAd&7Vepons\sd97 tat rpt 10ap09.doc k* City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Appendix Page 2 Assessment Calculations Assessor's Parcel Total Property Asmt Parcel Sue (sf) Construction Incidental Financial Total Q:\Nmport Beach\Ad87Vcporis\ad87 fnl rW IOapr09.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Appendix Page 3 Assessment Calculations Assessor's Parcel Total Property Asmt Parcel Size(sf) Construction Incidental Financial Total Q \Nmport B=WAd87keports\ad87 fnl rpt WaprO9.doc 0 r� u f 0 City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Calculations Assessor's Parcel Total April 28, 2009 Appendix Page 4 Property Asmt Parcel Size(st) Construction Incidental Financial Total Q:\Nmpm BeacM.4d87Uep=s\ad87 ral qx IoaprO9.tim City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Appendix Page 5 • Assessment Calculations Assessor's Parcel Total Property Asmt Parcel Size (at) Construction Incidental Financial Total Q.Wcwport Beach\Ad87Vepwtstad87 fat rpt 1napt09.doc C City of Newport Beach 298 050 - 052 -35 2,600 $13,489.71 $l,uiuzu April Z8, 2999 Underground Utility Assessment District No. 87 (Balboa Island) 299 050-052 -33 2,800 Final Engineer's Report $1,151.01 $2,394.64 $18,073.03 111 OPALAV 300 Appendix Page 6 • $13,489.71 $1,068.80 Assessment Calculations $16,782.11 115 OPALAV 301 050 - 052 -38 4,300 Assessor's Parcel Total $3,677.49 $27,755.02 117 OPAL AV Property Asmt Parcel Size (sf) Construction Incidental Financial Total Address No. Number Rounded Costs Expenses Costs Assessment 118 AGATE AV 291 050-052 -23 2,600 $13,489.71' $1,068.80 $2,223.60 $16,782.11 120 AGATE AV 292 050- 052 -24 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 122 AGATE AV 293 050 - 052 -25 2.600 $13.489.71 $1,068.80 $2,223.60 $16,782.11 501 PARK AV 298 050 - 052 -35 2,600 $13,489.71 $l,uiuzu U,ZZ3.bu 310.fuzrI 107 OPALAV 299 050-052 -33 2,800 $14,527.38 $1,151.01 $2,394.64 $18,073.03 111 OPALAV 300 050 - 052 -34 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 115 OPALAV 301 050 - 052 -38 4,300 $22,309.90 $1,767.63 $3,677.49 $27,755.02 117 OPAL AV 302 050- 052 -09 3,400 $17,640.39 $1,397.66 $2,907.78 $21,945.83 119 OPAL AV 303 050-052 -08 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 121 OPALAV 304 050 -052 -07 2.600 $13.489.71 $1,068.80 $2,223.60 $16,782.11 9. 120 OPAL AV 135 OPAL AV 311 050 -052 -01 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 326 512 S BAY FRONT 312 050- 051 -21 2.600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 050-051 -37 514 S BAY FRONT 313 050 - 051 -20 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 2,600 516 S BAY FRONT 314 050- 051 -19 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 214 4A0 71 518S BAY FRONT 315 050 - 051 -18 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 $1,068.80 5215 BAY FRONT 316 050 - 051 -17 2,600 $13,489.71 11,068.80 $2,223.60 $16,782.11 $2,223.60 522S BAY FRONT 317 050-051 -16 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 $16,782.11 106 OPAL AV 318 050-051 -22 2,100 $10,895.53 $863.26 $1,795.98 $13,554.77 123 TOPAZ AV 108 OPAL AV 319 050-051 -23 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 342 110 OPALAV 320 050 - 051 -24 2.600 $13.489.71 $1,068.80 $2,223.60 $16,782.11 9. 120 OPAL AV 325 050-051 -29 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 122 OPAL AV 326 050-051 -36 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 124 OPAL AV 327 050-051 -37 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 126 OPAL AV 328 050 - 051 -31 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 19A r1Pal 41/ 490 r%R J Ri -49 9 AM 214 4A0 71 21 nrA An S222360 $16.782.11 134 OPAL AV 332 050-051 -38 1,300 $6,744.85 $534.40 $1,111.M aa,.ial.uo 511 PARKAV 333 050.051 -39 1,200 $6,226.02 $493.29 $1,026.28 $7,745.59 107 TOPAZAV 334 050-051 -15 3,600 $18,678.06 $1,479.87 $3,078.83 "$23,236.76 111 TOPAZAV 335 050 - 051 -14 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 113 TOPAZ AV 336 050-051 -13 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 115 TOPAZAV 337 050- 051 -12 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 117 TOPAZ AV 338 050- 051 -11 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 119 T0PAZ AV 339 050- 051 - 102,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 121 TOPAZ AV 340 050451 -09 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 123 TOPAZ AV 341 050-051 -08 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 125 TOPAZ AV 342 050-051 -07 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 127 TOPAZAV 343 050 -051 -06 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 129 TOPAZ AV 344 050. 051.05 2.600 $13.489.71 $1.068.80 $2,223.60 $16,782.11 Q:\Nmpon 8rach\Ad871rcports\ad87 fiat rpt I0apr09.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Appendix Page 7 Assessment Calculations Assessor's Parcel Total Property Asmt Parcel Size (at) Construction incidental Financial Total Q:Wmport eeacMAd87vepoM\ad87 Cal rpt 10,W9.doc ILI C] • City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Calculations 050 - 082 -08 2,600 April 28, 2009 Appendix Page 8 $1,068.80 Property Address 605 N BAY FRONT Asmt No. 407 Assessors Parcel Number 050- 081 -23 Parcel Size(sf) Rounded 2,600 Total Construction Costs $13,489.71 Incidental Expenses $1,068.80 Financial Costs $2,223.60 Total Assessment $16,782.11 $2,223.60 607 N BAY FRONT 408 050- 081 -22 2,600 $13,489.71 $1,068.80 $2,223.60 $16.782.11 $16,782.11 609 N BAY FRONT 409 050- 081 -21 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 314 RUBYAV 611 N BAY FRONT 410 050- 081 -20 2,600 $1,068.80 $1,068.80 $2,223.60 $16,782.11 445 600 BALBOA AV 411 050 - 081 -10 _ 2,600 _ `$13,48971 $13,489.71 $1,068.80 $2,223.60 - -- $16,782.11 050-082 -32 302 COLLINS AV 412 050 - 081 -30 2,600 _ $13,489.71 $1,068.80 $2,223.60 $16,782.11 2,600 304 COLLINS ST 413 050-081 -29 2,600 $13,489.71 $1,068.80 $2,22160 $16,782.11 $14,008.54 306 COLLINS AV 414 050 -081 -08 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 $1,068.80 308 COLLINS AV 415 050 -081 -07 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 $2,223.60 310 COLLINS AV 416 050 - 081 -06 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 $16,782.11 312 COLLINS AV 417 050- 081 -05 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 309 DIAMOND AV 314 COLLINS AV 418 050 - 081 -04 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 454 316 COLLINS AV 419 050 -081 -03 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 _ 050 - 082 -18 _ _ 320 COLLINS AV 420 050- 081 -02 4,400 $22,828.74 J _ $1,808.74 $3.763.01 $28,400.49 . 301 RUBYAV 421 050 - 081 -11 2,600 $13,489.71 457 $2,223.60 . $16,782.11 $13,489.71 303 RUBY AV 422 050-081 -12 2,600 $13,489.71 _$1,068.80 $1,068.80 $2,223.60 $16,782.11 $1,068.80 305 RUBY AV 423 050- 081 -26 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 $2,223.60 _ 307 RUBY AV 424 050-081 -25 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 $26,464.08 309 RUBY AV 425 050 - 081 -15 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 803 N BAY FRONT 311 RUBYAV 426 050- 081 -16 3,800 $19,715.73 $1,562.09 $3,249.87 $24,527.69 463 315 RUBYAV 427 050- 081 -17 3,800 $19,71513 $1,562.09 $3,249.87 $24,527.69 050 -083 -211 317 RUBYAV 428 050 - 081 -28 2,700 $14,008.54 $2,309.12 $17,427.57 319 RUBYAV 429 050 - 081 -27 _ 2,400 $12,452.04 _$1,109.91 $986.58 $2,052.55 $15,491.17 _ 321 RUBYAV 430 050 - 081 -19 3,300 $17,121.55 $1,356.55 $2,822.26 $21,30036 701 N BAY FRONT 431 050 -082 -01 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 703 N BAY FRONT 432 050 - 082 -28 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 705 N BAY FRONT 433 050 - 082 -27 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 707 NBAY FRONT 434 0501-082 -26 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 709 N BAY FRONT 435 050 -082 -25 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 711 N BAY FRONT 436 050- 082 -24 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 300 RUBY AV 437 050 - 082 -11 2,600 $13.489.71 $1,068.80 $2,223.60 $16,782.11 302 RUBY AV 438 050 - 082 -10 2.600 $13.489.71 $1.068.80 $2.223.60 $16,782.11 K11, 306 RUBYAV 440 050 - 082 -08 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 308 RUBYAV 441 050- 082 -30 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 310 RUBYAV 442 050 - 082 -29 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 312 RUBY AV 443 050-082 -06 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 314 RUBYAV 444 050- 082 -05 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 316 RUBYAV 445 050 - 082 -04 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 318 RUBY AV 446 050-082 -32 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 320 RUBYAV 447 050-082 -31 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 322 RUBY AV 448 050-082 -02 2,700 $14,008.54 $1,109.91 $2,309.12 $17,427.57 747 BALBOA AV 449 050- 082 -12 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 303 DIAMOND AV 450 050 -082 -13 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 305 DIAMOND AV 451 050 - 082 -14 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 307 DIAMOND AV 452 050 - 082 -15 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 309 DIAMOND AV 453 050 - 082 -16 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 311 DIAMOND AV 454 050 - 082.17 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 313 DIAMOND AV 455 050 - 082 -18 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 315 DIAMOND AV 456 050 - 082 -19 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 317 DIAMOND AV 457 050 - 082 -20 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 319 DIAMOND AV 458 050-082 -21 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 321 DIAMOND AV 459 050-082 -22 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 325 DIAMOND AV 460 050- 082 -23 4,100 $21,272.23 $1,685.41 $3,506.44 $26,464.08 801 NSAY FRONT 461 050 -083-01 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 803 N BAY FRONT 462 050 - 083-30 2,600 $13,489.71 $1,068.80 $2,223.60 $16,782.11 805 N BAY FRONT 463 050-083 -29 31900 $20,234.56 $1,603.20 $3,335.40 $25,173.16 809 N BAY FRONT 464 050 -083 -211 3 900 120 734.56 91.603.20 $3.335.40 $25.173.16 Q:\Nmpmt Beach VAd871rgmM\ad87 in] rpt 10apr09.doc City of Newport Beach April 28. Z009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Appendix Page 9 Assessment Calculations Assessor's Parcel Total Property Ascot Parcel Size(sf) Construction Incidental Financial Total Q:Wewport 8eachlAd87reporslad87 fnl tpt [Oapr09.doc City of Newport Beach . Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Cal April 28, 2009 Appendix Page 10 Assessor's Parcel Total Property Asmt Parcel Size (sr Construction Incidental Financial Total Q; Wmport 8eacMAd871repons%ad87 fnl rpt l0aprWdoc City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Calculations Assessor's Parcel Total April 28, 2009 Appendix Page II • Property Asrat Parcel Size tsf) Construction Incidental Financial Total Q:Wewpon 8eachWd87Wwrrs\ad87 tat rpt 10apr09.doc A 0, City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Calculations Assessor's Parcel Total April 28, 2009 Appendix Page 12 Property Asmt Parcel Size (sf) Construction Incidental Financial Total Q:\NmponBeachVAdg74mwrialadg7fnirpt 10aprn9.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Appendix Page 13 Assessment Calculations Assessors Parcel Total Property Asmt Parcel Size tsf) Construction Incidental Financial Total Q:Wmpon Beach Ad87\rgxntsW87 in] rpt I Oapr09.doc Lj u City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report _Assessment Cal Assessor's Parcel Total April 28, 2009 Appendix Page 14 Property Asmt Parcel Size (sf) Construction Incidental Financial Total Q \Newpw DeachlAd874eports\ad87 rnl rpl I OaprO9.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Appendix Page 15 Assessment Calculations Assessor's Parcel Total Property Asmt Parcel Size (s0 Construction Incidental Financial Total Q:%Nmport BeachWd87treports\ad87 rnl rpl Ioapr09.doc 0 s City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Appendix Page 16 Assessment Calculations LM-1 1-0 Assessor's Parcel Total Property Asmt Parcel Size(st) Construction Incidental Financial Total Q:\Nmpm Brach\Ad87Ueporlslnd87 in] rpt I OaprO9.do City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Cal Assessor's Parcel Total April 28, 2009 Appendix Page 17 . Property Asmt Parcel Size (sf) Construction Incidental Financial Total Q'.Wewporl 8nch\Ad%7Vtpons\ad%7 fnl rpl IOaprO9.doc �j City of Newport Reach Underground Utility Assessment District No. 87 (Balboa Island) • Final Engineer's Report Assessment Cal � Assessor's Parcel Total April 28. 2009 Appendix Page 18 Property Asmt Parcel Size (sf) Construction Incidental Financial Total Q:1Newporr 8eachUd87heponsiad87 fn1 rpt 10apc09.doc City of Newport Beach April 28, 2009 Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Appendix Page 19 Assessment Calculations Assessor's Parcel Total Property Asmt Parcel Size (ef) Construction Incidental Financial Total QANewport Beach\Ad97vcpons\ad97 fn1 rµ I0apr09.dm a 0 I Ex City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Calculations Assessor's Parcel Total April 28, 2009 Appendix Page 20 Property Asmt Parcel Size (sf) Construction Incidental Financial Total Q:Wewporl Beach1Ad87Uepons\ad67 fat rpi IOaFO9,doc City of Newport Beach Underground Utility Assessment District No. 87 (Balboa Island) Final Engineer's Report Assessment Calculations Assessor's Parcel Total April 28, 2009 Appendix Page 21 • Property Asmt Parcel Size (sf) Construction Incidental Financial Total G Q NNewport 6each\Ad871rcio W&d87 fni cpt l0aprKdoc • PROFESSIONAL SERVICES AGREEMENT WITH STRADLING YOCCA CARLSON & RAUTH FOR BOND COUNSEL SERVICES THIS AGREEMENT is made and entered into as of this _ day of 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and STRADLING YOCCA CARLSON & RAVTH, A California Professional Corporation, whose address is: 660 Newport Center Dr., Suite 1600, Newport Beach California, 92660 -6422 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to form Underground Utility Assessment District No. 87 (Balboa Island) ( "AD 87 ") and to issue bonds in connection therein. C. City desires to engage Consultant to act as Bond Counsel in connection with the proposed AD 87 (the "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal Bond Counsel for purposes of the Project shall be David McEwen. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate upon either the issuance of the Bonds and completion of all Project work or on 31' day of December 2010, whichever is sooner. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. DOCSOC/ 1330982v2/022459 -0020 3. TIME OF PERFORMANCE • Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 4. COMPENSATION TO CONSULTANT City shall pay a fee for each series of Bonds issued in accordance with the following schedule: A. Consultant will charge a fee in connection with the formation proceedings of AD 87 based on our hourly rates of $395 for Mr. McEwen or other shareholders $250 to $275 for associates and $120 for paralegals. Such portion of the fee will not exceed $15,000. B. Assuming the assessments are approved by the property owners, consultant will charge a fee for each issue based upon the total principal amount of each issue of the Bonds authorized and sold, computed in accordance with the following schedule 1. For One Million Dollars and 00 /100 ($1,000,000) or less in total principal amount of Bonds sold, the fee shall not exceed $15,000; 2. For One Million One Dollars and 00/100 ($1,000,001) to Five Million Dollars and 00 /100 ($5,000,000) in total principal amount of Bonds sold, the fee shall not exceed $15,000 plus .20 of 1% of the excess of $1,000,000; 3. For Five Million One Dollars and 00 /100 ($5,000,001) to Ten Million Dollars and 00 /100 ($10,000,000) in total principal amount of Bonds sold, the fee shall not exceed $23,000 plus .15 of 1% of the excess over $5,000,000; or 4. For Ten Million One Dollars and 00 /100 ($10,000,001) or more in total principal amount of Bonds sold, the fee shall not exceed $30,500 plus .10 of 1% of the excess over $10,000,000, up to a total fee maximum of $40,000. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items, shall not exceed Fifty-Eight Thousand Five Hundred Dollars and no /100 ($58,500.00) without prior written authorization from City. In the event that no Bonds are sold, Consultant shall only be entitled to be reimbursed for reimbursable items set forth herein and shall not be entitled to any fees or other compensation under this Agreement. 4.1 Fees payable under Section 4A shall be billed and paid monthly Fees payable in accordance with Section 4B of this Agreement shall be billed upon the issuance of the Bonds and payable at closing. 4.2 City shall reimburse Consultant up to Three Thousand Five Hundred Dollars and no /100 ($3,500.00) for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: DOCS 0C/1330982v2/022459 -0020 A. Document reproduction charges, overnight delivery and messenger charges, •; telecommunication charges, printing costs, filing fees, and long distance telephone calls. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. No billing rate changes shall be made during the term of this Agreement. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated DAVID McEWEN to be its Project Manager. Consultant shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Administrative Services Department. Dan Matusiewicz shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the 3 DOCSOC/1330982v2/022459 -0020 requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. 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 including, without limitation, Consultant's presence or activities conducted on the Project (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. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the 4 DOCSOC/ 1330982v2/022459 -0020 • performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. it. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. 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 5 DOCSOC/ 13 30982v2/022459 -0020 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 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 Coverat?e. 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 five million dollars ($5,000,000). 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 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. :7 6 DOCSOC/1330982v2/022459 -0020 • 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 1/o) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING • The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 7 DOCSOC/ 1330982v2/022459 -0020 18. CONFIDENTIALITY All Documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 20, WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terns of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any ilk, withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 23. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 0 DOCS00 1330982v2/022459.0020 • If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dan Matusiewicz Administrative Services Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3126 Fax: 949 -644 -3339 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: David McEwen Stradling Yocca Carlson & Rauth 660 Newport Center Dr., Suite 1600 Newport Beach, CA 92660 -6422 Phone: 949-725-4162 Fax: 949 -523 -5162 25. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred, up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. DOCSOC/ 1330982v2/022459 -0020 26. COMPLIANCE WITH ALL LAWS • Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. r 30. 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 party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 10 DOCSOC/ 1330982x2/022459 -0020 • 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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, OFFICE OF THE CITY ATTORNEY A Municipal Corporation By: By: hftynettW. Bea Edward D. Selich, Mayor Assistant City Atto ey for the City of Newport Beach ATTEST: By: Leilani Brown, City Clerk Attachments: CONSULTANT: C Print Name: IC Print Exhibit A — Scope of Services Exhibit B — Extra Work Billing Rates DOCSOC/ 1330982v2/022459 -0020 (Corporate Officer) (Financial Officer) EXHIBIT A 0 SCOPE OF SERVICES The legal services to be provided by the Firm 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 assessment district or underground utility districts; (d) appearing at all hearings related to the proceedings, and attending any other meetings where attendance is requested by the City; (e) reviewing and examining the map showing the boundaries of the district; (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) consulting with any underwriter and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (k) 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; (1) assisting in any ballot proceedings; (m) 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 "); (n) 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, A -1 DOCSOC/ 1330982v2/022459 -0020 Ok similar indebtedness, or related funding; provided, however, such opinions do not include the rendering of a 10(b)5 opinion regarding any official statement or similar documents; (o) providing advice and instruction to the City and its staff in connection with any of the foregoing. A -2 DOCSOC/ 1330982v21022459 -0020 EXHIBIT B SCHEDULE OF BILLING RATES FOR EXTRA WORK Senior Counsel and other Shareholders .... Associate Attorney Paralegal ................ B -1 DOCSOC/ 1330982v2/022459 -0020 $395.00 $250 -275 $120 0 0 This budget amendment is requested to provide for the following: To increase revenue estimate and expenditure appropriations for proposed Assessment District # 87 - Bay Front North and South, Balboa Island west of Collins Isle and east of Grand Canal. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 74087 3605 REVENUE ESTIMATES (3601) FUndIDiyI51on Account 4087 6987 EXPENDITUREAPPROPRIATIONS (3603) Division Account Account Account Account Account Account Account Account Account Account Account Account Account Account Account Account Account Account Division Account isigned: as Signed: Signed: Amount Description Debit Credit General Fund - Fund Balance $104,059.00 Assessment District 87 Fund - Fund Balance $454,250.00 Description Assessment District 87 - AD 87 Bond Sale $19,207,500.00 City of Newport Beach NO. BA- 09BA -048 BUDGET AMENDMENT 74087 Assessment District 87 2008 -09 9801 AMOUNT: $20,433,500.00 ON BUDGETARY FUND BALANCE: 9802 AD Phone •EFFECT X Increase Revenue Estimates X Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance $1,194,815.00 Transfer Budget Appropriations 9812 No effect on Budgetary Fund Balance SOURCE: Number 9811 AD Phone Design $90,000.00 from existing budget appropriations 9813 AD Construction Inspection X from additional estimated revenues 9814 AD City Administration $400,000.00 from unappropriated fund balance 9815 AD Underwriter's Discount EXPLANATION: Number 9816 This budget amendment is requested to provide for the following: To increase revenue estimate and expenditure appropriations for proposed Assessment District # 87 - Bay Front North and South, Balboa Island west of Collins Isle and east of Grand Canal. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 74087 3605 REVENUE ESTIMATES (3601) FUndIDiyI51on Account 4087 6987 EXPENDITUREAPPROPRIATIONS (3603) Division Account Account Account Account Account Account Account Account Account Account Account Account Account Account Account Account Account Account Division Account isigned: as Signed: Signed: Amount Description Debit Credit General Fund - Fund Balance $104,059.00 Assessment District 87 Fund - Fund Balance $454,250.00 Description Assessment District 87 - AD 87 Bond Sale $19,207,500.00 Approval: Administratnre Services Director in' alive Approval: City ager City Council Appro City Clerk Date W cp ryry Description Number 74087 Assessment District 87 Number 9801 AD Electric $8,500,158.00 Number 9802 AD Phone $2,749,533.00 Number 9804 AD Street Rehabilitation $3,436,000.00 Number 9805 AD Construction Contingency $1,194,815.00 Number 9812 AD Assessment Engineering $125,000.00 Number 9811 AD Phone Design $90,000.00 Number 9813 AD Construction Inspection $500,000.00 Number 9814 AD City Administration $400,000.00 Number 9815 AD Underwriter's Discount $306,500.00 Number 9816 AD Capitalized Interest $1.174,900.00 Number 9817 AD Bond Counsel $75,000.00 Number 9818 AD Paying Agent Fees $5,000.00 Number 9827 AD Dissemination Agent $5,000.00 Number 9819 AD Filing Fees $20,000.00 Number 9820 AD Printing, Advertising, Notices $15,000.00 Number 9822 AD Disclosure Counsel $60,000.00 Number 9823 AD Financial Advisor $40,000.00 Number 9825 AD Incidental Contingency $56,344.00 Number 7014 Misc &Studies Number C5200742 Assessment District 87 $104,059.00 Approval: Administratnre Services Director in' alive Approval: City ager City Council Appro City Clerk Date W cp ryry