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Home My WebLink About23 - Assessment District 103CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. a-3 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @city.newport- beach.ca.us SUBJECT: Proposed Assessment District No. 103 —Area Generally Bounded by G Street, East Balboa Boulevard, Channel Road, and Ocean Boulevard Recommendations: 1. Adopt the following Resolutions for Proposed Assessment District No. 103: a. Resolution No. 2009 - Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for, Proposed Assessment District No. 103. b. Resolution No. 2009- _ Declaring Intention to Order the Conversion of Certain Existing Overhead Electrical and Communication Facilities to Underground Locations in Proposed Assessment District No. 103, Describing the District to be Assessed to Pay the Costs and Expenses thereof by Reference to Approved Boundary Map, Providing for the Issuance of Bonds, and Declaring Intention to take Several Related Steps in Furtherance of Implementing the Proposed Underground District. c. Resolution No. 2009- _ Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 103 and an Underground Utilities District, Setting a Time and Place for a Public Hearing thereon, and Directing the Mailing of Notices of Hearing and Assessment Ballots to the Affected Property Owners. 2. Approve the Professional Service Agreement with Meyer Nave to provide bond counsel services at a not to exceed price of $25,000 and authorize the Mayor and City Clerk to execute the Agreement. History: Owners of property located in Proposed Assessment District No. 103 submitted petitions to the City, in Spring 2005, requesting the formation of a special assessment district to underground overhead utilities. On April 25, 2005, the assessment engineer certified that owners representing approximately 62 percent of the assessable property area within Proposed Assessment District No. 103 had signed a petition for undergrounding overhead utilities. Proposed Assessment District No. 103 -for Undergrounding Utilities and Designation as an Underground Utilities District June 9, 2009 Page 2 Discussion: Assessment District No. 103 is being proposed for the conversion of existing overhead utilities to underground locations. The property owners within the boundary of the proposed Assessment District will bear the cost of the improvements and 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 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 $301,800 for the preliminary stages of this project, including $64,000 to retain the firm of Harris & Associates as the assessment engineer, and $135,800 and $102,000 to SCE and AT &T, respectively, to prepare the engineering drawings for the District. If the District is formed, these costs will be incorporated into the project costs. If the District fails to form, the City will be responsible for these costs. The total assessment for Proposed Assessment District No. 103 is estimated as follows: ITEM COST Cost of Design and Construction $5,084,887 Incidental Costs and Expenses $348,113 Financing (Bond) Costs $812,000 Estimated Total Cost: $6,245,000 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 six (6) 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 percent. In an effort to reduce costs and minimize disruptions in the area, City staff is planning on a concurrent project to replace water lines within District limits. 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 will be responsible for the costs of connecting the main service conduit in the public right -of -way to the Proposed Assessment District No. 103 —for Undergrounding Utilities and Designation as an Underground Utilities District June 9, 2009 Page 3 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. The following is a tentative schedule for proposed Assessment District No. 103: Resolution of Intention June 9, 2009 Formal ro ert owner information meetin June 2009 Public Hearinq July 28, 2009 Public utilities commence work September 2009 Property Propeqy owners notified to install service connections June 2010 Property owners complete conversions October 2010 Public utilities begin to remove overhead structures January 2010 Public utilities finish removing poles and overhead structures March 2010 The assessment engineer used a lot size methodology to apportion assessments within this District, considering that all properties are receiving the same Safety, Connection and Aesthetic benefit. The special benefits from undergrounding the overhead utilities were defined as follows: • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are adjacent to, or in proximity of, overhead facilities receive an aesthetic benefit. ■ Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in compact communities like Balboa Peninsula, the negative effects of falling lines and poles are more widespread including blocked roadways and alleys, and property damage due to impact. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. • Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. When compared to overhead systems, fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a connection benefit. Proposed Assessment District No. 103 —for Undergrounding Utilities and Designation as an Underground Utilities District June 9, 2009 Page 4 The range for the estimated assessment costs per parcel is $6,282 to $56,002, with 52 percent of all the properties assessed $14,416 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: 1. Assessment Nos. 55 223, 238 275 and 354. The poles, wires and guy wires to be undergrounded are in close proximity to these lots, although not directly adjacent; therefore, these properties are assigned 1/2 Aesthetic Benefits. However, because the poles and wires are close enough to encroach on the property should they fall, these properties are considered to receive full Safety Benefits. Therefore, these parcels receive 2 -112 of 3 benefits and their rounded property area is multiplied by a factor of 5/6. 2. Assessment Nos. 54 and 286. The poles, wires and guy wires to be undergrounded are not in close proximity to these properties and do not provide significant aesthetic benefits to these properties, nor would they encroach upon these properties should they fall. Therefore, these properties are assigned 0 Aesthetic Benefits and 0 Safety Benefits. Therefore, these parcels receive 1 of 3 benefits and their rounded property area is multiplied by a factor of 1/3. 3. Assessment No. 325. The poles, wires and guy wires to be undergrounded are in close proximity to this parcel, although not directly adjacent; therefore, this property is assigned 1/2 Aesthetic Benefits. Excluding guy wires, which are support structures to the overhead facilities and poles, the poles and wires to be undergrounded are not in close proximity to this property, and would not encroach upon this property should they fall; therefore, this property is assigned 0 Safety Benefits. Therefore, this parcel receives 1 -1/2 of 3 benefits and its rounded property area is multiplied by a factor of 1/2. 4. Assessment Nos. 97 304 and the park property adjacent to Assessment No 54. These properties are small neighborhood pocket -parks with no potential for development that are not in close proximity to the poles and wires proposed to be undergrounded, nor are they connected to the system to be undergrounded. Therefore, these properties are assigned 0 Aesthetic Benefits, 0 Safety Benefits and 0 Connection Benefits. Drawings and specifications for this assessment district were prepared by SCE, AT &T, and Time Warner Cable. Ballot Tabulation Procedures: All assessment ballots submitted to the City Clerk prior to the close of public hearing will be tabulated per the ballot tabulation procedures that are being drafted by the City Attorney's Office. These procedures will be presented to City Council for consideration at the June 23, 2009 Council Meeting. Proposed Assessment District No. 103 —for Undergrounding Utilities and Designation as an Underground Utilities District June 9, 2009 Page S Public Notice: At the proponents' request, City staff held an informal Public Information Meeting for the property owners on May 28, 2009. The formal Public Information Meeting is tentatively scheduled for June 30, 2009 at the City Council Chambers. Property owners will be notified in their ballot that they receive in June 2009. Environmental Review: A Notice of Exemption was completed May 18, 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: nior Civil Engineer Attachments: Submitted G. Badum is Works Director 1. Resolution Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for, Proposed Assessment District No. 103. 2. Resolution Declaring Intention to Order the Conversion of Certain Existing Overhead Electrical and Communication Facilities to Underground Locations in Proposed Assessment District No. 103, Describing the District to be Assessed to Pay the Costs and Expenses thereof by Reference to Approved Boundary Map, Providing for the Issuance of Bonds, and Declaring Intention to take Several Related Steps in Furtherance of Implementing the Proposed Underground District. 3. Resolution Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 103 and an Underground Utilities District, Setting a Time and Place for a Public Hearing thereon, and Directing the Mailing of Notices of Hearing and Assessment Ballots to the Affected Property Owners. 4. Notice of Exemption 5. Preliminary Engineer's Report 6. Professional Service Agreement with Meyers Nave RESOLUTION NO. 2009 - RESOLUTION ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR, PROPOSED ASSESSMENT DISTRICT NO. 103 (G STREETIEAST BALBOA BULEVARD /CHANNEL ROAD /OCEAN BOULEVARD) WHEREAS, certain property owners owning more than sixty percent (60 %) of the area of all assessable lands within the proposed assessment district, including more than five such property owners, have submitted a signed petition to the City Clerk, requesting the formation of a special assessment district, to be designated as Assessment District No. 103 (G SUE Balboa Blvd /Channel Rd /Ocean Blvd) (the "Assessment District"), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the map hereinafter approved, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the ordinances of the City of Newport Beach (the "City ") and the "Municipal Improvement Act of 1913" (the "1913 Act "), being Division 12 of the California Streets and Highways Code (the "Code "), which incorporates by reference the provisions of Chapter 28 of Part 3 of the "Improvement Act of 1911," (the "1911 Act "), being Division 7 of the Code; and WHEREAS, the City Clerk has issued and has presented this City Council with a certificate of sufficiency pursuant to Section 5896.7 of the Code, certifying that the petitions have been signed by the requisite number of qualified signers as specified by Section 5896.5 of the Code; and WHEREAS, this City Council body has received a map (the "Boundary Map'), showing and describing the proposed boundary of the Assessment District; NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby finds and determines that the Boundary Map is in the form and contains the matters specified by Section 3110 of the Code, and the Boundary Map is hereby approved and adopted. The original and one copy of the Boundary Map are to be filed in the office of the City Clerk. SECTION 3. A certificate shall be endorsed on the original and at least one copy of the Boundary Map evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of a resolution fixing the time and place of hearing on the formation and extent of the Assessment District, a copy of the Boundary Map shall be filed with the correct and proper endorsements thereon with the Orange County Recorder, all in the manner and form provided in Section 3111 of the Code. SECTION 4. Stephen G. Badum P.E., Director of Public Works for the City, is hereby appointed to perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said duties are specified and designated in the 1913 Act. The place for recordation of the assessment roll and diagram shall be in the office of the DOCSOG 1329848x2/022459 -0020 appointed Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 5. The Daily Pilot is hereby designated as the newspaper for all publications as required by law and as necessary for the Assessment District proceedings. SECTION 6. The firm of Harris & Associates is hereby appointed the Assessment Engineer for the Assessment District proceedings. SECTION 7. This City Council hereby authorizes the establishment of a special improvement fund for the Assessment District (the "Improvement Fund ") and into the Improvement Fund shall be placed all cash collections and all proceeds from the sale of Assessment District bonds. In order to expedite the improvements to be made under the Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the Improvement Fund. Any funds transferred into the Improvement Fund (other than cash collections and proceeds from the sale of Assessment District bonds) shall be deemed a loan to the Improvement Fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 9h day of June, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 1238333.1 2 DOCSOG 1329848v2/022459 -0020 BOUNDARY MAP FOR ASSESSMENT DISTRICT NO. 103 (G Street /East Balboa Boulevard /Ghonnil R6od/ icean Baulevord} CITY Of NEWPORT 6EAdN CfWN7Y:OF attriFlC STATE of EkFORN.EA l m RESOLUTION NO. 2009- RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 103 (G STREET /E BALBOA BOULEVARD /CHANNEL ROAD /OCEAN BOULEVARD), DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND DECLARING INTENTION TO DESIGNATE THE AREA AN UNDERGROUND UTILITIES DISTRICT WHEREAS, certain property owners owning more than sixty percent (60 %) of the area of all assessable lands within the proposed assessment district, including more than five such property owners, have submitted signed counterparts of a petition (the "Petition ") to the City Clerk, requested the formation of a special assessment district, to be designated as Assessment District No. 103 (G SUE Balboa Blvd /Channel Rd /Ocean Blvd) (the "Assessment District "), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the map hereinafter approved, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the ordinances of the City of Newport Beach (the "City") and the "Municipal Improvement Act of 1913" (the "1913 Act "), being Division 12 of the Streets and Highways Code (the "Code"); and WHEREAS, the City Clerk has issued and has presented this City Council with a certificate of sufficiency pursuant to Section 5896.7 of the Code; and WHEREAS, this City Council intends to designate the area comprising the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City (the "Ordinance Code "); and WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, as requested by the Petition, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; and WHEREAS, this City Council has been presented and has adopted a map (the "Boundary Map ") showing and describing the boundary of the Assessment District; NOW THEREFORE, Be it Determined, Resolved, and Ordered as follows: SECTION 1. The public interest and convenience require, and it is the intention of this City Council to order, as requested by the Petition and pursuant to the 1913 Act, the conversion of the overhead electrical and communication facilities within the Assessment District to underground locations, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. 1 SECTION 2. The conversion project to be implemented (the "Project ") is generally described as follows: A. The Project generally consist of the conversion of existing overhead electrical and communication facilities to underground locations within the area shown on the Boundary Map, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within the Assessment District. B. All rights -of -way and easements required for the Project shall be shown upon the plans (the "Project Plans ") which shall be filed in the office of the Superintendent of Streets and incorporated by reference in the Assessment Engineer's Report (described below). C. All of the improvement work to be performed shall be performed in the locations and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the Project Plans, subject to such changes as made be authorized prior to or during the course of construction of the Project in accordance with the specifications and other contract documents. D. The Project Plans, as incorporated by reference in the Assessment Engineer's Report, shall be controlling as to the correct and detailed description of the Project. SECTION 3. The proposed Assessment District and the Project are hereby referred to Harris & Associates, designated by prior resolution of this City Council as the Assessment Engineer for the Assessment District, and directs the Assessment Engineer to make and file with the City Clerk for presentation to this City Council a written report (the "Assessment Engineer's Report") containing the matters prescribed by 10204 of the Code, as supplemented by Article XIIID of the California Constitution and Section 53753 of the Government Code. SECTION 4. Notice is hereby given that limited obligation improvement bonds to represent the unpaid assessments will be issued in accordance with the "Improvement Bond Act of 1915" (the "1915 Act"), being Division 10 of the Code, 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, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their date, and bearing interest at a rate or rates not to exceed the legal maximum. The provisions of Part 11.1 of the 1915 Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year. 2 Pursuant to Section 10603 of the Code, the City Treasurer is hereby designated as the officer to collect and receive the payments on account of assessments during the cash collection period. SECTION 5. In the event surplus funds shall remain in the Improvement Fund for the Assessment District following completion of the Project and payment of all claims from the Improvement Fund, this City Council shall determine the amount of such surplus, and it shall be used, in such amounts as this City Council may determine, in accordance with the provisions of Section 10427 of the Code for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5 %) of the total of the surplus in the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements which comprise the Project; or D. To call bonds. SECTION 6. By separate resolution adopted this same date, this City Council has established the Improvement Fund, which shall be identified and designated by the name of the Assessment District, and into such fund monies may be transferred at any time to expedite the implementation of the Project, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Iris Lee, P.E., T.E., Senior Civil Engineer City of Newport Beach Public Works Department Newport Beach, California 92658 (949) 644 -3323 SECTION 8. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for the Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. SECTION 9. Pursuant to Section 8769 of the Code, this City Council hereby declares that the City will not obligate itself to advance available funds from the City treasury to cure any deficiency that may occur in the bond redemption fund for the Assessment District. SECTION 10. This City Council hereby declares that it proposes to authorize the levy an annual assessment pursuant to subsection (f) of Section 10204 of the Code, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which 3 result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. SECTION 11. Pursuant to Section 10110 of the Code, it is the intention of this City Council with respect to those Project improvements to be owned, managed, or controlled by a regulated public utility, prior to ordering the construction of improvements, to enter into an agreement with each such regulated public utility with respect to those Project improvements to be owned, controlled or managed by the utility. SECTION 12. As a supplement to the Petition, this City Council hereby declares that it intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, being Division 4 of the Code, by proceeding under Part 7.5 of said Division 4. For that purpose, the Assessment Engineer is directed to include in the Assessment Engineer's Report the information prescribed by Section 2961 of the Code. SECTION 13. This City Council hereby declares that it intends to designate the area comprising the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Ordinance Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of June, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 1238437.1 Mayor RESOLUTION NO. 2009- RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 103 (G STREET /E BALBOA BOULEVARD /CHANNEL ROAD /OCEAN BOULEVARD) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND DIRECTING THE MAILING OF NOTICES OF HEARING AND ASSESSMENT BALLOTS TO THE AFFECTED PROPERTY OWNERS WHEREAS, this City Council has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 103 (G SUE Balboa Blvd /Channel Rd /Ocean Blvd) (the "Assessment District') to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith (the "Project'), pursuant to the terms and provisions of the "Municipal Improvement Act of 1913" (the "1913 Act'), being Division 12 of the Streets and Highways Code (the "Code "); and WHEREAS, a resolution adopting the boundary map for the Assessment District (the "Boundary Map") and the resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and implementation of the Project have been adopted by this City Council on this same date; and WHEREAS, as further indicated in the Resolution of Intention, this City Council intends to designate the area of the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach ( "Chapter 15.32 "); WHEREAS, this City Council has heretofore employed Harris & Associates to provide services to the City of Newport Beach (the "City ") as assessment engineer for the Assessment District (the "Assessment Engineer ") and directed the preparation and submission to the City Clerk of a written report (the "Assessment Engineer's Report') containing the matters required by Section 10204 of the 1913 Act, as supplemented by Article XIIID of the California Constitution and Section 53753 of the Government Code ( "Section 53753 ") (the 1913 Act, Article XIIID, and Section 53753 are referred to herein collectively as the "Assessment Law "), together with the information specified by Section 2961 of the Code and by Chapter 15.32; and WHEREAS, the Assessment Engineer's Report has been prepared and submitted to the City Clerk, and the City Clerk has submitted the report to this City Council for consideration in furtherance of the proceedings to establish the Assessment District; and WHEREAS, this City Council wishes to preliminarily approve the Assessment Engineer's Report, without modification, and to schedule the public hearing respecting the report; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. I SECTION 2. Pursuant to Section 10300 of the Code, the Assessment Engineer's Report is hereby preliminarily approved, without modification, for the purpose of conducting a public hearing as provided by the Assessment Law. Said report shall stand as the report for the purpose of subsequent proceedings under the Assessment Law, except that it may be confirmed, modified, or corrected as provided in the Assessment Law. SECTION 3. Pursuant to Section 10301 of the Code and Section 53753, this City Council hereby sets July 28, 2009, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, as the date, time and place for the public hearing with respect to the proposed Assessment District, the Project, the proposed establishment of the underground utilities district and any aspect of the Assessment Engineer's Report. Any interested person may appear and be heard with respect to said matters. SECTION 4. The City Clerk is hereby directed to mail or cause to be mailed a notice of hearing, together with an assessment ballot conforming to the provisions of Section 53753, to the property owners of the property proposed to be assessed, all in the time, form and manner provided by Section 53753, and upon completion of the mailing of the notice of hearing and the assessment ballots, the City Clerk is directed to file with this City Council an affidavit or certificate setting forth the manner of compliance with the requirements of Section 53753. SECTION 5. Upon receipt of a returned assessment ballot, whether by personal delivery or by return mail, the City Clerk shall place all such returned assessment ballots in safekeeping, with the contents of each such returned assessment ballot to be concealed until the public hearing has been completed and closed and the City Clerk is then directed to proceed with public opening and tally of such ballots for the purpose of determining and advising this City Council whether a majority protest has been established. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of June, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 1236622.1 Mayor FILED CITY OF NEWPORT BEA,..:.1ff POSTED MAY 18 2M 3300 Newport Boulevard - P.O. Box 1768 MAY 1 8'2W Newport Beach, CA 92658 -8915 TOIL DALY, CLFRN REGDRDER (949) 644 -3311 TOM DALY, (Y.M 'RECORDER DY DEPIM NOTICE OF EXEMPTION To: ❑ Office Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Public Services Division P.O. Box 238 From City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR: -1 Name of Project: Assessment District No. 103 Project Location: Peninsula Point, Newport Beach, CA Specific: Area Generally Bounded by G. Street, E. Balboa Boulevard, Channel Road, and Ocean Boulevard Project Location -City: Newport Beach Project Location- County: Orange Project Description: the project consists of an assessment district to underground existing overhead utilities. Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder Exempt Status: (check one) IlINIIIIIIIINIUIIIIINNIIIII III!IIIIINdIIiIIIINIIIIIIIIIN No FEE ❑ Ministerial (Sec. 21080(b)(1);15268); 200985000411 10:02am 05118/09 ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); 90 140 Z01 ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21 Categorical Exemption. State type and section number. Class 2: Replacement and reconstruction; Section 15302. ❑ Statutory Exemptions. State code number: _. ❑ General Rule (Sec. 15061(b)(3)) Reasons why project is exempt: The Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condition prior to undergrounding does not have a significant effect on the environment. Name of Public Agency Approving Project: City of Newport Beach Date of Approval: Name of Person or Agency Carrying Out Project: New ort Beach Public Works Department l '3 %t� ^, JZ 3 "Ib -44 p/ Nom' 1 (tk plc o Contact Person: Iris Lee Title: Senior Civil Enizinecr 76 S1 Signature: "� ~� '` Tel.No. (949) 644 -3323 Date: - 5-010`] 37 & \C(r H.0 WMBP, MOiealEnrironmeeleiErmplAa99 .POC Preliminary Engineer's Report for Underground Utility Assessment District No. 103 (G St / E Balboa Blvd / Channel Rd / Ocean Blvd) Prepared under the provisions of the Municipal Improvement Act of 1913 For the City of Newport Beach County of Orange, California June 9, 2009 City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 E Balboa Blvd I Channel Rd l Ocean Blvd) Preliminary Engineer's Report TABLE OF CONTENTS Introduction and Certifications..... Page I 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 ......................................................... ............................... 17 Exhibit 1 — Method and Formula of Assessment Spread ... ............................... 18 PART IV Annual Administrative Assessment PART V Diagram of Assessment District.... PART VI Description of Facilities .............................. ............................... Right -of -Way Certificate .............................. ............................... Certification of Completion of Environmental Proceedings ....... APPENDIX A. Excerpts from Assessment District No. 64 B. Assessment Calculations ............... 24 ..............25 32 33 34 Q:VJewpoo Beach\AD1031repons\ad103 prel rpt 21mayKdoc Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103(G St I E Balboa Blvd 1 Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 1 AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 103 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 bounded by G Street / East Balboa Boulevard / Channel Road / Ocean Boulevard. The proposed underground utility improvements will provide conversion to an upgraded utility system and will enhance neighborhood aesthetics, safety and reliability. 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. 103 (hereinafter referred to as the "Assessment District "), I, Joan E. Cox, P.E., a Registered Professional Engineer and authorized representative of Harris & 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 H 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 III 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. Q:Wewport Beach\AD103VreporOad 103 lxel rpr 2lmavKdoc Hams & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd 1 Channel Rd I Ocean Blvd) Preliminary 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. PART IV This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration and registration of any associated bonds and reserve or other related funds, or both. PART V This part contains a map showing the boundaries of the Assessment District, and a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention. The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. 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 June 9, 2009. HARRIS & ASSOCIATES J AN E. COX, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:Wewport BeachWDIQ3 \reports \ad 103 pre] rpt 21may09.doc I Hams & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St E Balboa Blvd 1 Channel Rd! Ocean Blvd) Preliminary Engineer's Report Page 3 Preliminary 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 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 QANewpon Bmch\AD1O3heportstad103 prel rpt2hnayKdoc I Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd 1 Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 4 Part I Plans and Specifications The plans and specifications to construct the utility undergrounding improvements, and any ancillary improvements thereof, for the area generally described as Assessment District No. 103, G Street / East Balboa Boulevard / Channel Road / Ocean Boulevard, 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 Beaeh\AD103lretwrts�ad103 prd rpt 21 mayKdoc M I Harris &Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 1103 (G St I E Balboa Blvd I Channel Rd f Ocean Blvd) Preliminary Engineer's Report Page 5 Part 11 Cost Estimate Estimated Costs Preliminary Confirmed DESIGN & CONSTRUCTION COSTS' Electrical Costs (Southern California Edison) $64,000 Electrical Construction Costs $3,053,100 Construction Contingency (-10%) $305,310 Edison Design Engineering $135,800 Financial Advisor $3,494,210 Telephone Costs (AT &T) $5,000 Telephone Construction Costs $992,998 Construction Contingency ( -10 %) $99,300 AT &T Design Engineering $102,000 $1,194,298 Street/ Alley Rehabilitation $1,000,000 Construction Contingency ( -7.5 %) $75,000 $1,075,000 Estimated Utility Contribution for Equivalent Overhead System - $678,621 Total Design & Construction Costs: $5,084,887 INCIDENTAL EXPENSES Assessment Engineering $64,000 Contract Inspection $75,000 Disclosure Counsel $20,000 City Administration $100,000 Financial Advisor $15,000 Filing Fees $5,000 Bond Counsel $25,000 Paying Agent $3,000 Dissemination Agent $3,000 Financial Printing, Registration and Servicing $10,000 Incidental Contingencies $28,113 Total Incidental Expenses: $348,113 Total Construction and Incidental Expenses: $5,433,000 FINANCING COSTS Underwriter's Discount 1.250Ja $78,000 Bond Reserve f Credit Enhancement 6.00 0l0 $375 ciao Funded Interest @ 12 months @ 5.75% $359,000 Total Financial Costs: $812,000 TOTAL AMOUNT TO ASSESSMENT: $6,245,000 ` Time Warner Cable is required to pay for undergrounding through the Franchise Agreement with the City. Q%Nmpoo 6eachW D103\reports\ad103prelrpt21may09 .doe H1 Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd 1 Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 6 Part III Assessment Roll and Method of Assessment Spread WHEREAS, on 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. , 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. 103 (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 XIIID of the California Constitution and the "Municipal Improvement Act of 1913 ", do hereby submit the following: Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto and incorporated herein. 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said 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 \Newport neacl V\D I Orepons\ad 103 pml rpt 21 may09.doe I Harris &Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 E Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 7 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, I hereby recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessmen( 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\Nmpori Beach41D103%reporlsrad103 pre) rp121may09.doc = Harris &Assoriates As Preliminarily As Approved Confirmed Estimated Cost of Construction: $5,084,887 Estimated Incidental Expenses: $348,113 Estimated Financial Costs: $812,000 Estimated Total to Assessment: $6,245,000 For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessmen( 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\Nmpori Beach41D103%reporlsrad103 pre) rp121may09.doc = Harris &Assoriates City of Newport Beach 048 - 201 -37 $1,485,691 June 9, 2009 Underground Utility Assessment District No. 103 (G St I Balboa Blvd I Channel Rd I Ocean Blvd) 95 Preliminary Engineer's Report 048 - 201 -52 $1,810,164 Page 8 _ $31,050.81 58 9 048- 201 -34 $1,555,500 $0 Table 1 100 10 048- 201 -33 Assessment Roll $0- Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 1 048 - 201-47 $2,235,837 $0 $23,842.59 94 2 048 -201A6 $1,012,999 $0 $19,406.75 52 3 048 - 201-41 $89,231 - .......... $0 ....- ._...$16,079.69 $0 4 - 048- 20140 $339,123 $0 - 048 -20144 5 048- 201.39 $919,017 -$0 -- $16,079.89 - 57- 6 048 - 201 -38 $465,839 $0 $16.079.89 29 7 048 - 201 -37 $1,485,691 $0 $15,525.41 95 8 048 - 201 -52 $1,810,164 $0 _ $31,050.81 58 9 048- 201 -34 $1,555,500 $0 $15,525.41 100 10 048- 201 -33 $848,343 $0- $14,970.93 57 11 048 301 -32 $67,780 - $0 _ $14,970.93 5 12 048- 201 -31 $959,294 $0$14,970.93 7 64 13 048 - 201 -30 $398,460 $0 $14,970.93 27 14 048- 201 -29 $774,349 $0 $14,970.93 15 048 -20144 _ 440,076 $265,579 _ $14,970.93 -52. _ 29 16 048 -201 -45 $127,651 $0 $28,832.89 _... - .....�__ 4 17 048 - 201 -26 $632,569_ - ,$0- .__,.$14,416.44 048 -201 -08 44 18 048 - 201 -25 $392,199 $0 $14,416.44 27 19 048 - 201 -24 $330,838 $0 $14,416.44 - - 23 - 20 048 - 201 -23 $275,419 $0 $16,634.36 17 22 048 -20148 $1,157,771 $0 $16,079,89 72 23 _ 048- 201 -51 $972,728 $0 $15,525.41 63 24 048- 201 -50 $269,255 $0 $15,525.41 19 25 048 - 201-02 $89,231 $0 $13,861.97 6 26 048- 201 --03- $94,130 $0 $13,861.97 7 27 048 - 201 -04 $674,814 $0 $13,861.97 49 28 048 - 201 -05 $1,011,926 $0 $13,861.97 73 29 048 - 201 -06 $265,579 $0 $13,861.97 19 30 048 -201 -07 $785,777 $0 $13,861.97 57 31 048 -201 -08 $73,089 $0 $13,861.97 5 32 048 - 201 -09 $819,088 $0 $13,861.97 59 33 048 - 201 -10 $829,636 $0 $13,861.97 60 34 048- 201 -11 $636,170 $0 $131861.97 46 35 048 - 201 -12 $311,052 $0 $13,861.97 _ _ 22 36 048- 201 -13 $3441459 $0 $13,861.97 25 37 048- 201 -14 _ $743,973 $0 $13,861.97 54 38 048- 201 -15 $1,043,551 $0 $13,861.97_ 75 39 048- 201 -16 $657,439 $0 0,861.97 47 40 048 - 201 -17 $592,362 $0 $13,861.97 43 41 048- 201 -18 $490,361 $0 $13,861:97 35 42 __.43 048- 201 -19 $7_0,817 $0 $13,861.97___ 5 048 - 201 -ZO $450,486 $0 $13,861.97 - -- _.... -_... 32 .._ _._. 44 048 - 201 -21 - $83,646 _ $0 $17,188.84 -_. 5 ..- 45 048 -192 -01 $290,094 ._.. $0 $26,614.98 - - - 11 Q:1Newpoq Beach\ADI03Ueports\adiO3 prel rpt 21may09.doc Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 9 66 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 46 048-192-02 $99,716 $0 $19,406.75 5 47 048-192-03 $414,955 $0 $39,922.48 10 -418 648-192-04 $2,086,920 $0__ $22,179.15 48 49 048-192-05 $1,043,551 _ $0 ___ $22,179.15 47 50 048-192-06 $1,135,938 -uo $nn&io- 23 51 o4i�--1OwbT $157,661 $0 $14,416.44 7 62 048-192-08 $835,469 $0 $24,951.55 32 -- 53 ' 6�8 -192-09 $1,816,379 $0 $56,002-34 32 54 048-191-19 $241,339 $0 $6,282.24 38 55 048-191-02 $502,585 $0 $15,246*16 33 56 048-191-03 $509,983 $0 $16,079.89 32 57 $616*,-068-- $0 $14,970.93 55 58 048-191-05 $96,721 $0 $14,970.93 6 59 048-191-06 $1.499.400 $0 $14,416.44 104 60 048-191-07 $431,053 $0 $14,970,93 29 61 048-191-08 $216,526 $0 $14,416.44 15— 62 048-191-09 $964,808 $0 $14,970.93 64 --- 63 048-191-10 $557,978 $16,6T9.89 36 64 048 -191-11 $113,166 $0 $17,743.32 6 65 930-504-15 $741,170 $0 $9,426.14 79 66 930-504-16 $770,744 $0 $9,426.14 82 67 930-504-17 $1,109,500 $o $4,42C1 4 -- ... . .. ..... 68 930-504-18 $770,744 $0 $9,426.14 82 66 - 048-161 -14 $1,045,302 to $18,297.8-0 57 70 048-191-15 $2,347:989 $0 $16,634.36 141 71 00-141-16- -2 - $877,24-2 $0 .. ..... --- ------ $18,297.80 48 72 60-221-01 $1,680,823 $0 $18,852.26 89 74 048-221-03 $338,112 $0 $14,416. 23 75 646-221-26 s152.829 $0 $29,387.37 5 76 0476-221 -06 t78.674 $0 $14,416.44 5 77 048-221-29 $111,092 $0 s21.624.68 5 78 048-221-24 $3.125,000 $0 V-1,62-4.68 145 79 646-2*21*-10 $4*6,816 $0 $14,416.44 28 80 048-221-11 $1,689,074 $0 $14,416.44 117 81 048-221-12 $332,946 $0 $14,416.44 23 82 048-221-13 $85,991 $0 $14,416.44 6 83 048-221-14 $535,537 $0 $16,634.36 32 85 048-221-35 $6,783,079 $0 $13,307.49 510 86 048- 221 -22 %86381 SO $13.861.97 6 88 048-221 -20 $601,376 $0 -- -- - - 43 66 048-221-19 $1,130,926 ---- $6 sl S861. 6 go ---- 048-221-18 $362,788 $o -$1-3,861.97 - s13,861.97 26 61 648-221 -33 s818X6 to $13,8697 59 92 048-221-32 $1,985,000 $0 $13,861.97 143 . ........... . M IQ:\Newporr Beach\AD I Meporis%ad 103 pre] rpi 21 may09,doc M Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I Balboa Blvd 1 Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 10 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 94 048 - 221 -30 $170,629 $0 $13,861.97 12 95 048- 221 -26 $443,754, $13,861.97_. 37 _ 96 048 - 221 -27 $116,067 _$0 $0 _ $13,307.49 - -_ -__ 9 97 048 -2 220 -01 NIA_ $0 $0.00 70 113 98 048 - 222 -01 $2,406,000 $0 $13,307.49 .... 181 99 048 -222 -02 $193,322_ $0 $13,861.97 115 14 100 048222 -03 $648,681 $0 $13,861.97 116 47 101 048 -222 -04 102 048 -222 -05 $1,679,000 $0 103 048 -222 -06 $579,914 $0 $13,861.97 _ $13,861.97 $13,861.97 $13,861.97 0,1 ems, n7 1 .97 97 $13,861.97 ,JJ 121 42 14 62 65 13 109 048- 222.32_ $164,489 $0 $1- 3,861.97 „- ...,,12 110 048- 222 -33 $510,117 $0 $13,861.97 37 111 048 - 222 -34 -$-3--7--6-,8- 3- 376,834 $0 _ _ $14,416.44 26 112 048 - 222 -35 $1,050,561 $0 $14,970.93 70 113 048 - 222 -27 $106,490 $0 $15,525.41 7 114 048- 222 -26 $865,309 $0.._- 60 115 048- 222 -25 $138,161 -.___- $0 __$14,416.44 $14,970.93 9 116 048 - 222 -24 $1,490,130 $0 $15,525.41 96 117 048 - 222 -23 $84,613 $0 $16,079.89 5 118 048 - 222 -22 $237,769_ $0 $16,634.36 14 119 048- 222 -21 $87,094 $0 $17,188.84 5 120 048 - 222 -20 $90,608 $0 $17,188.84 5 121 048 - 222 -19 $83,092 $0 $17,743.32 5 122 048 - 222 -31 $1,826,214 $0 $18297.80 100 123 048 - 222 -30 $171,808 $0 $18,297.80 9 124 048 - 222 -28 $94,820 - -$0 5 125 048 - 222 -29 $686,340 $0 _ _$18,852.28 $18,85228 36 126 048 - 222 -16 $752,117 $0 $17,188.84 44 127 048 - 222 -37 $1,850,000 $0 $17,188.84 108 128 048 - 222 -36 $646,894 $0 $18,297.80 35 129 048 - 211 -36 $860,389 $0 $14,970.93 57 130 048- 211 -35 $674,344 $0 $13,861.97 49 131 _ 048- 211 -34 _ $877,242 $0 $13,861.97 63 132 048 -211 -02 $75,222 $0 $13,861.97 5 133 -03 _ 87 134 _048.211 -_ 048 - 211 -37 -.- ._$1,212,902 $422,649 _$0 $0 _$13,861.97 $13,861.97 30 135 648-211-M $0 -- _--- -217 1 36 048 -211 -05 $94,54_2 $0 $13,861.97 7 137 048- 211 -06 $80,609 — $0 $13,861.97 6 138 -048- 211 -27 $857,212 - - -$0 - $13,861.97 62 Q:%Nmport BeaAD103 1repom%ad 103 prel rpt21mey09.doc M Harris &Associates ch1 y of Newport Beach 048 - 211 -14 $1,826,214 $0 June 9, 2009 derground Utility Assessment District No. 103 (G St I Balboa Blvd I Channel Rd 1 Ocean Blvd) 127 :liminary Engineer's Report $1,826,214.._ _ $0 $16,634.36 Page 11 ._._110 Assessor's Total $2,001,415 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 139 048 - 211 -28 $81,919 $0 164048- $13,861.97 6 140 048 -211 -08 $1,732,266_ $0 165 _ $13,861.97 125 141 048 - 211 -09 $418,094...... $0 166 $13,861.97 — — 30 142 048 - 211 -10 $728,909 - $0 -- $13,861.97 — 53 143 048- 211 -11 — $0_ — $13,861._97 — — - 37 — 144 048211 -12 _$514,578 $1,565,326 $o 169 $13,307.49 $1,144,344 145 048- 211 -39 $1,819,000_ $0 $16,634.36 109 146 _ 048- 211-40 $459,369 $0 $14,416.44 _ 32 147 048- 211 -23 $1,560,600 $0 $14,416.44 108 148 048 - 211 -22 $549,744_ - $0 $14,416.44 -- —_ 38 - 149 _ 048- 211 -21 $1,379,570 $0 _ $14,416.44 96 150 048- 211 -20 -. $954,279 $0 $14,416.44 - �- 66 151 048- 211 -19 - $89,167 $D_...,. $14,416.44 6 152 048 - 211 -18 $213,926 $0 $14,416.44 15 153 04_8- 211 -17 $142,317 $0 _ 10 154 048 -21130 _ $317,114 $0 _...,$14,416.44_ $14,416.44 22 155 048 -261 -02 $112,552 $0 $11,644.06 8 156 048- 211 -31 $3941187 $0 $14,416.44 27 157 048- 211 -25 $675,841 $0 $14,41644 — — 47__ -... 158 048 - 211 -15 $1,480,385 $0 $14,416.44 103 159 048 - 211 -14 $1,826,214 $0 $14,416.44 127 160 048.211- 13... -_... $1,826,214.._ _ $0 $16,634.36 —. .,_ ._._110 161 48 0- 261 -30 $2,001,415 $0 $17,743.32 113 162 048 - 261 -29 $85,648 $0 $14,4_16.44 6 163 048- 261 -28 $440,871 $0 $14,416.44 31 164048- 261 -33 $892,805 $0 $14,416.44 62 165 _ 048 - 261 -34 $106,753 $0 $14,416.44 7 166 048 - 261 -31 $1,653,959 $0 $14,416.44 .__167 048 - 261- 32_...- _$378,558 $0 $14,416.44 _115 26 168 048 - 261 -25 $88,820 $0 $14,416.44 6 169 048 -261 -24 $1,144,344 $0 $14,416.44 79 170 048- 26_1 -23 $166,009 $0 $14,416.44 12 171 048 - 261 -22 $84,959 $0 $14,416.44 6 172 048- 261 -21 $367,135 $0 $14,416.44 25 173 048- 261 -20 $1,800,000 $0 $14,416.44 125 -'174 048- 261 -19 _ $1,826,214 $0 $14,416.44 175 048 - 261 -18 $1,836,000 $0 $14,416.44 127 176 048 - 261 -17 $192,831 $0 $17,743.32 11 177 048- 261 -0 '-$i53,06 $753,270 $0 $16,634.36 45 178 048 -261 -02 $127,786 $0 $11,644.06 11 179 048 - 261-03 $1,095,098 $0 $11.644.06 ., -__.. 94 180 048 - 261 -04 $2,050,000 $0 -.. $11,644.06 176 181 048 -261 -05 $887,204 $0 $1.1,644.06 _ _ _.__.76 .. 182 261 -06 $2,395,000 _ $0 $11,644.06 206 183 __048- 048 -261 -07 $76,744 $0 $11,644.06 6 7...._... 184 048 -261 -08 $602,661 $0 $17,743.32 34 Q:mpon BmchlADi03treports1ad103 pml rpi 21mayKdoc Harris &Associates WN City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I Balboa Blvd / Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 12 1 198 Assessor's Total $0 Assessments as Assessments Value Asrnt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 185 048-261-09 $847,147 $0 $17,188.84 49 186 048-261-35 $416,927 $0 $11,644.06 36 187 646-261136— $133,098 $0 $22,179.15 11 188 048-261-11 $431,551 $0 644.06 37 In 048261 -12 -$ 401 ,09 8 $0 $11,644.06 34 160 048-261 -13 $834,521 $0 $11-,644.06 72 191 048-261-14 $2,734,000 $0 $11,644.06 235 192 048-261-15 $783,068 $0 $11,644.06 67 193 048-261-16 $83,188 $0 $16,634.36 5 194 048-252-12 $1,292,154 $0 $33268.72 39 195 048-252-11 $3,130,652 $0 $13,307.49 235 Iqr rI4A-I)52 -1n 815!1136 80 812753.02 12 1 198 048-252-14 $424,023 $0 $11,644.06 199 046-262-13 $73,019 $0 $11,644.06 200 048-252-19 $74.400 $0 $7,762.70 201 048-252-18 $74,611 --t0 $7J62-70 M - 646-252 -05 - s101,869 $o $15,525.41 203 048-252-21 $743,973 W723.94 -0.660-u 6 10 10 7 75 168 205 048-252-03 $95,785 $0 $17,743.32 5 ioii 046-252 :62 $69,847 W $11,644.06_._ -- 6..... 207 048-252-17 $1,778,000 $0 $14,416.4-- 4 i 208 048 -252 -16 $827,929 $0 s14416.4 57 209 048-251-21 $99,093 $6 W723.94 4 210 048-251-22 $84,471 $0 $22,179.15 4 211 048- 251 -16 . . .. . 07,757 $0 $221179.15 17 212 048-251-24 $467,118 —s0 $0 $22,179.15 21 M 048 - 251 -25 $1,294,673 $0 $22,179.15 58 214 048-251-26 $2,043,887 $0 $22,179.15 92 215 048-251-27 $2,247,000 $0 $22,179.15 101 216 048-251-28 $92.401 $0 $22,179.15 4 217 048-251-29 $80.195 $0 $22,179.15 4 218 048-251-30 $694,533 $0 $22.179-15 31 219 048-251-31 $386,456 $0 $22.179.15 17 220 048-251-32 $1,026,555 $o $22,179.15 46 221 048-251-33 $80,743 $0 $22,179.15 4 222 048-251-07 $186,148 $0 $22,179.15 8 223 648-251-06 $256,533 $0 $28,184.16 9 224 048-251-37 $1,716,922 $0 $32,159.76 53 226 --26136 $1,273,106 . .. ....... — $0 $28,832.89 --44 2H -646-261134 $419,569 1 1 $0 $27,723.94 15 227 048-251-M $599,027 $0 $27,M.94 22 272s- 64-6-251 -14 $477,870 .... $0 . .. ...... $22,179.15 22 kq oo-ni-i� $168,334 - ----- —$-6 $22,1T9.15 5 23 .. 0 -1-.- 048- 251 -16 . . .. . $ - 7 - 6 .. 3, . 4 . 63 $0 $22,179.15 . . - - 34 M I Harris & Associates Q:Wmpon Beacb\AD I WVq�� ns� 103 prel rpt 21 mayO.doc City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 13 Assessor's Total Ascot Parcel True Assessments as Existing Preliminarily Assessments Value as Confirmed to Lien 231 048- 251 -17 $190,275 $0 $22,179.15 9 232 048 - 251 -18 $194,204 $0 $22,179.1_5 9 233 - -- 048- 251 -19 - $820,237 $0- $22,179.15 — — -- 37 234 048- 251 -20 $1,427,241 $0 _ $22,179.15 — �....64 235 048 -251 -02 - $527,244 ......._..$0 $0 - $22,179.15 - -- 24 236 048 -251 -03 $129,966 $22,179.15 6 237 048 -251 -04 $957,220 $0 $22,179.15 43 238 048 -251 -05 $96.330 $0 $24.025.56 4 048 - 272 -28 $1,984,458 $0 $17,743.32 048- 272 -29 _ _ $1,114,952 $0_ _$17,743.32 _ 048 - 272 -20 $966,435 $0 $15,525.41 048 - 272 -19 $2,084,613 $0 $15,525.41 048- 272 -31 $568.930 $0 $15.525.41 244 048 - 272 -30 $1,284,165 $0 $15,525.41 245 048 -272 -04 $108,820 $0 .$15,525.41 246 048 -272 45 $557,395 _. $0 $15,525.41 247_ 048- 272 -24 $905,653 $0 _ $15,525.41 — 248 048- 272 -32 048 - 272 -10 $612,046 $D $15,525.41 249 048 -27233 256 $416,928 $0 $15,525.41 63 62 134 37 83 7 36 -__. 58 39 27 252 048 - 272 -27 $90,540 $0 - -_ - $15,525.41 —__6 253 048 - 272 -21 $1,105,601 -$0- $52,121.00 21._.- 21 254 048 -272 -09 $495,528 $0 $86 _13,1.97_ „ -,_„ _ 36 255 048 - 272 -10 $1,590,180 $0 $13,861.97 115 256 048- 272 -11 $111,027 $0 $13,861.97 8 257 048 - 272 -12 _ _ $1,098,275 $0 $13,307.49 83 258 048 - 272 -18 $758,935 $0 $16,079.89___ 47 259 048 - 272- 17 12 - $1,9,444 $0 $13,861.97 _ -- - 81 260 048 - 272 -16 $1,053,116 $0 $13,861.97 76 261 048- 272 -15 $499,909 $0 $13,861.97 36 262 048 - 272 -14 $1,567,038 $0 $13,861.97_ 113 263 048 - 272 -13 - -- $148,139 $0 $14,970.93 -_ -_- -10 264 048- 271 -30 $760,092 $0 $15,525.41 49 265 048- 271 -29 $1,357,284 $0 $15,525.41 87 266 048 - 271 -17 $527,343 $0 $13,861.97 -_ _ 38 267 048 - 271 -28 $184,631 $0 $17,188.84 11 268 048 - 271 -26 $9D,750 $0 $17,188.84 5 269 048 - 271 -25 $168,835 $0 $17,188.84 10 270 048- 271 -27 $167,460 $0 $17,188.84 10 271 048 - 271 -14 $423,837 _ -$0 $13,861.97__- 272 048- 271 -13 $94,681 $0 $13,861.9_7 7 273 _048- 271 -21 $3,008,994 $0 51 $20,5.72 147 274 048- 271 -23 $771,481 $0 _ $12,753.02 _ -- - -- 66 27 5 048- 271 -31 $380,588 $0 _.. _.. ..... -_._ 26 276 048- 271 -19 $484,534 $0 $15,525.41 _.._ 31_ -. Q:Wewporl BeacMAD1034eportslad103 pre) rpf 21mayKdoc Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 14 M Harris & Associates Q:%NmporiBeach\AD103\repoils\ad)03 pre I rpt 21 miyWdoc " I Assessor's Total Assessments as Assessments Value Asrnt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 277 048-271-01 $445,916 $0 $14,970.93 30 278 048-271-02 $152,273 $0 $27,169.46 6 271. -03 $71,712 -$0- $13,861.97 5 _279...048- 280 048-271-32 ^ $425,881 $0 $13,861.97 31 281 048 -27133- —$1,237-,995 282 m $2354,289 $0 $13,861.97 170 283 048-271-06 $972.514 $0 $27,169.46 36 — 284 ----- 648-271-07 $2,580,224 $O $26,060 .50 285 048-271-08 $350,784 $0 $12,753.02 28 286- --646-271-Z9 $1,346,1-38 fi $6,65335 262 287 048-302-01 $238,455 $6 $18297.80 13 -2F8-8--04-8-302-02 $757,406 $0 $16,634.36 �36-- —W6-- -289 048"302 T3 $914,679 $6 $16,634.36 55 290 048-302-04 $722,259 $16,634.36 43 291 048-302-05 $132,684 0 $16634.36 8 292 048-302-06 $105,991 $0 $16,634. 6 -T93 -60-Zi62:67 $126,413 $0 $16,634.36 8 294 648-302Z-8 �2 46,-000 —�-O �16,634i6 148 295 048-302-09 $877,501 $0 $16,634.36 53 296 048-302-10 $817,519 $0 $16,634.36 49 297 048-302-11 $129,861 $0 $18,297.80 7 --048 F30'2-17 $712,867 $22LI7�9:15 32 299 646-302-16 46 -466 --jo --- - $0 $18,297M 8 300 048462-15 $120,682 . . $18,297.80 7 301 048- 302 -14 $550,044 $0 $18,297.80 30 302 048-302-13 $322904 $0 $18,297.80 18 W3 048-302-12 -�T908 W - $21,070.19 - 11 304 048-290 -0I N/A $0 $0.00 N/A 309 048441161 $671,969 $0 $13,30.49 66 306 048-291-02 $171,163 $0 $13,307.49 13 307 048-241-22 $1,349,63-1 $0 $13,307.46- Idi 308 048-291-23 $2,340,600 $6 $13,861.97 166 W6 048-291-20 $575,452 $b $19,961.23 29 310 048-261-26 $997,268 .. $0 $13,861.97 72 311 048-291-19 $1,227,595 $0 $13,307.49 92 312 048-291-18 $104,681 $0 $13,861.97 8 313 048-291-17 �9,01 $0 $13,861.97 40 314 048-291-24 $1,975,865 $0 $13,861.97 143 315 Oii6:2F�1-25 $105,649- $0 --- $15,861.67 316 048-291-15 $138,002 $0 $13,861.97 10 317 648-291-14 $505,665 $0. $13,861.97 36 318 048-291-13 $1,167,027 $0 $13,-861.67 84 ..&. 319 046-T41-12 $94,332 �O $mug.n- - -326 Nii261�66 $2,646,000 $6 V6,634.T6 171 - -�Q 1 048-291-0-7- tF -$�1,525A1 157 -M 048-291-W _$_2,436,525 $1,364,761 $0 $15,525.41 88 M Harris & Associates Q:%NmporiBeach\AD103\repoils\ad)03 pre I rpt 21 miyWdoc " I City of Newport Beach 048-291-09 June 9, 2009 Underground Utility Assessment District No. 103 (G St I Balboa Blvd I Channel Rd I Ocean Blvd) $15,525.41 Preliminary Engineer's Report 324 Page 15 $1,114,061 $0 $15,525.41 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 323 048-291-09 $525,399 $0 $15,525.41 34 324 048-291-10 $1,114,061 $0 $15,525.41 72 2E5- 048- 291 -11 $2,500,000 $0 $9,148.90 $0 273 K6 646-292-28 $505,120 -16 $16,OT6.89 $0 31 327 -326 648-292-29 $1,924,740 $0 _12,1105,020 97 139 44 48-292-02 $1,196,981 $6 W,86147 $0 86 329 048-292-03 $727,807 $0 $13,861.97 $0 53 330 048-292-04 $716,117 048-292-22 $13,861.97 $0 $13,861.97 331 048-292-05 $1,750,000 $0 $13,861.97 $0 126 332 048-292-06 $137,932 $6 $13,861 .97 — io 333 048-292-07 $1,586,610 048 - 292 -19 $0 $13,861.97 $11,644M ------ 114 334 048-292-27 $89,164 $431,376 $o $14.970.93 6 n5646-292-26 048-2131-36 $727,613 $0 $14,970.93 6 49 336 048-292-32 $82,121 $0 $14,970-93 364 5 337 048-292-33 --$575,461 $0 $14,970.93 -048- 281- 10......... 38 338 048-292-10 $185,324 $0 $16,634.36 $992:191 11 334 —�O 048 - 292 -25__. —048292-24 _12,1105,020 $6 $14,416 44 $14,416.44 __.67. 368 $868,494 $0 $i-i,861.97 &,1441644 -- 63 341 048- 292 -23 $672,882 $0 $13,86 1.97 49 342 048-292-22 $88,676 $0 $13,861.97 6 343 -34i 048-292-21 $982,907 $0 $13,861.97 71 (548-292-20 -7$13,861.97 -�66,45 W - - 7 345 048 - 292 -19 $51046 $0 $11,644M ..346 048-292-18 $431,376 $0 $11,644.06 37 347 048 - 292 -17 $95,169 $0 $11,644.06 6, 348 048-292-35 $564,217 $0 $11,644.06 48 349 048-292-34 $1,066,457 $0 $13,861.97 77 350 048-292-15 $351,436 $0 $12,753.02 28 39-1 -048-292 -14 $162,762 $0 $12,753.62 13 352 048-292-13 $197,001 $0 $12,753.02 15 353 048 - 292 -12 s162,559 $0 $12,753.02 13 354 048- 292 -11 $1,263,768 $0 $12,015.55 in 255 -646- 281 -01 $122,735 $o $16,634136 7 356 048-281-02 066,667 $0 $13,861.97 55 357 048-281-03 *046-281-04 $2,075,598 $0 $13,861.97 150 358 $490,708 $0 $13,861.97 35 359 048-281-05 $1,677,769 $0 $13,861.97 121 360 048-281-06 $329,284 $0 $13,861.97 24 361 048-261-31 $118,675 $0 $12,196753 10 3112 048-2131-36 $87,026 $0 $14,970.93 6 W63 04-8-28136 ---- $219,398 $0 $14,416.44 15 364 048-281-66- $203.664 $0 $14,416.44 14 365.- -- -048- 281- 10......... h4 $0 $14,416.44._..__. F66 048 - 281 -11 $992:191 $6 $ 14,416.44 048- 281 -12 $960,218 $0 $14,416.44 __.67. 368 046-261-13 $80.952 S;0 &,1441644 6 Q:\Newpon 13each\ADI03\repo"s\adI03 prel rpt 2Itjiay09.dnc I Harris & Associates City of Newport Beach 048- 281-27 $286,911 $0 June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 Balboa Blvd I Channel Rd I Ocean Blvd) 375 Preliminary Engineer's Report $163,041 $0 $14,416.44 Page 16 11 376.... -048- 281 -25 $2,184,840 $0 Assessor's Total 152 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 369 048 - 281 -37 $477,515 $0 $16,634.36 29 370 048- 281 -38 $714,053 $0 $17,188.84 42 371 048 - 281 -30 _... _- —$0 $17,743.32 - -� -_ ..._ 60. 372 048 - 281 -29 _$_1,063,688 $146,961 $0 $14,416.44 — — 10 373 048- 281 -28 $1,768,680 95- 382 048- 281 -18 374 048- 281-27 $286,911 $0 $14,416.420 375 048 - 281 -26 $163,041 $0 $14,416.44 11 376.... -048- 281 -25 $2,184,840 $0 $14,416.44 152 377 048- 281 -24 $1,023,469 $0 $14,416.44 71 378 048- 281 -39 $780,653 $0 $18,297.80 43 379 _ 048- 281 -21 _ $103,028 $0 $18297.80 6 380 - 048- 281 -20 $0 — 1-7 -- 88.84 - 66— 381 048 - 281 -19 _$1,135,719 $2,468,400 $0_._ $26,060.50 95- 382 048- 281 -18 $715,083 $0 $23,842.59 30 363 281 -33 $1,071,606 $0 �. 64 384 _048- 048 - 281 -34 _ $159,178 _ $0 _ ,$16,634.36 - 8 385 048 - 281 -16 $138,345 $0 � -- 386 ......- - ----.. 048 -281 -15 .�..... $3425000 -.. .. - $0 -_$21,070.19— $24.951.55 _........ ..— .—.... 137 WNewpon BeachD103 \reports \ad103 prel rpt 21mayAdoc " Harris &Associates W City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 17 Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $6,245,000 B. UNPAID SPECIAL ASSESSMENTS $0 TOTAL A & B $6,245,000 C. TRUE VALUE OF PARCELS' $298,153,641 ** AVERAGE VALUE TO LIEN RATIO Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. CERTIFICATION 1, 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 June 9, 2009. HARRIS & ASSOCIATES R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q: \Newport Beach%AD l 03\reporlslad 103 prel rpt 21 may09.doc Hams & Associates of Newport Beach June 9, 2009 erground Utility Assessment District No. 103 (G St I E Balboa Blvd I Channel Rd I Ocean Blvd) minary Engineer's Report Page 18 Exhibit 1 Method and Formula of Assessment Spread Since the improvements are to be funded by the levying of assessments, the "Municipal Improvement Act of 1913" and Article XIIID of the State Constitution require that assessments must be based on the special benefit that the properties receive from the works of improvement. In addition, Section 4 of Article XIIID of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also provides that parcels within a district that are owned or used by any public agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District. Based upon an analysis of the special benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportionment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits received by each parcel within the Assessment District. Ballot tabulation will be done at that time and, if a majority of the returned ballots weighted by assessment amount are not in opposition to the Assessment District, the City Council may form the Assessment District. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. SPECIAL BENEFITS In further snaking 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 affected portions of streets and alleys within the District. These facilities are the direct source of service to die properties within the Assessment District. Q: \Nnvporl neach\AD103\repor1s%ad]03 pre) rpt 21mayMdoc I Harris &Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd 1 Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 19 The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing utility poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to, or in near proximity of, the facilities as follows: • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are adjacent to, or in proximity of, overhead facilities receive an aesthetic benefit. • Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in compact communities like Balboa Peninsula, the negative effects of falling lines and poles are more widespread including blocked roadways and alleys, and property damage due to impact. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. • Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. When compared to overhead systems,. fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a connection benefit. 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. GENEI,2AL BENEFITS Section 4 of Article XIIID requires that the general benefits imparted by the utility undergrounding project be separated from the special benefits and that only the special benefit portion of the costs of the project be assessed against those parcels which are identified as receiving special benefits. Separating the general from the special benefits requires an examination of the facts and circumstances of the project and the property being assessed. In this particular assessment district, the streets and alleys along which the existing overhead utility facilities are being undergrounded function as local and collector streets. No roadways are designated as an arterial, a major arterial or a scenic corridor in the Transportation Element of the City's General Plan. Furthermore, die City has an established network of arterial streets which appear to function as intended to provide for the movement of traffic around and through the community at large without the need to utilize local collector streets for such purposes. Under these circumstances, any use of the streets within the assessment district as "through" streets is incidental. With the exception of the City park properties, the properties situated within the assessment district are zoned exclusively as residential. Under this circumstance, the impacts, both visual and safety, are largely isolated to those properties (and the persons who inhabit them) which front on these local Q: \Newpen BeachWD1034epons \ad103 pre) rpt?ImayAdoc � Hams &Assoriates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 E Balboa Blvd 1 Channel Rd 1 Ocean Blvd) Preliminary Engineer's Report Page 20 streets and alleys, with only incidental impacts on those who visit homes within the assessment district or who pass through the assessment district on trips originating outside the boundary and having a destination outside the boundary. Based on these facts and circumstances, any general benefits to the property within the assessment district in general, to the surrounding community and to the public at large from the project of undergrounding these local overhead utility facilities on the local streets and alleys, such as to the general public visiting in cars, on bikes or on foot, are incidental. This general benefit portion of the cost is more than offset by the 13 +% utility company contribution. 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 residential and some have one or two dwelling units on them. There is a direct correlation between the size of a property and the extent to which a property may develop. Because parcel size is one of the main limiting factors for what can be built on a property, or the extent the property is developed, the size of each parcel is used as the base unit for measuring benefit. 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. Note: In 1995, Assessment Nos. 291, 292, 293, 294, 295, 296 and 297 were included in Assessment District No. 64. These properties were previously assessed for their improved view of Newport Harbor due to the wires and poles being removed adjacent to the City park across Balboa Boulevard I Channel Road. These properties were not assessed for improved neighborhood aesthetics, improved safety or connection benefits associated from the previous undergrounding of the overhead utilities, and were specifically given a credit, that was applied to their calculated assessment amount, to make sure they were not doubly assessed for the future undergrounding of the poles and wires serving their properties (reference is made to Q: \Newpon Beach\AD1031repods\ad 103 prel rpt 2lmayKdoc M I Harris &Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 21 pages 8 and 9 of Final Engineer's Report, dated June 1, 1995, which are provided in Appendix A). Therefore, these properties receive full benefits from this proposed undergrounding and are not considered to be assessed twice for the same benefits. Exceptions The following are parcels whose benefits do not fit the above methodology, as explained below 1. Assessment Nos. 55, 223, 238, 275 and 354. The poles, wires and guy wires to be undergrounded are in close proximity to these lots, although not directly adjacent; therefore, these properties are assigned 1/2 Aesthetic Benefits. However, because the poles and wires are close enough to encroach on the property should they fall, these properties are considered to receive full Safety Benefits. Therefore, theses parcels receive 2 -1/2 of 3 benefits and their rounded property area is multiplied by a factor of 5/6. 2. Assessment No. 54 and 286. The poles, wires and guy wires to be undergrounded are not in close proximity to these properties and do not provide significant aesthetic benefits to these properties, nor would they encroach upon these properties should they fall. Therefore, these properties are assigned 0 Aesthetic Benefits and 0 Safety Benefits. Therefore, these parcels receive 1 of 3 benefits and their rounded property area is multiplied by a factor of 1 /3. Assessment No. 325. The poles, wires and guy wires to be undergrounded are in close proximity to this parcel, although not directly adjacent; therefore, this property is assigned 1/2 Aesthetic Benefits. Excluding guy wires, which are support structures to the overhead facilities and poles, the poles and wires to be undergrounded are not in close proximity to this property, and would not encroach upon this property should they fall; therefore, this property is assigned 0 Safety Benefits. Therefore, this parcel receives 1 -1/2 of 3 benefits and its rounded property area is multiplied by a factor of 1/2. 4. Assessment Nos. 97, 304 and the park property adjacent to Assessment No. 54. These properties are small neighborhood pocket -parks with no potential for development that are not in close proximity to the poles and wires proposed to be undergrounded, nor are they connected to the system to be undergrounded. Therefore, these properties are assigned 0 Aesthetic Benefits, 0 Safety Benefits and 0 Connection Benefits. 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 Appendix B. For particulars to the Assessment Roll, reference is made to Table 1 in Part III of this report. Q:%Nmpon Beach\Ap1031reponslad103 prel rpl2hnay09.doc Harris &Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd 1 Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 22 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: June 9, 2009 HARRIS & ASSOCIATES FESS/e� tE. [ 4! J AN E COX, P.E. 41965 a R.C.E. No. 41965 3/31/10 * ASSESSMENT ENGINEER .IV o��`p CITY OF NEWPORT BEACH c eA "f COUNTY OF ORANGE, STATE OF CALIFORNIA Q:%Newpon Beaeh1AD103Gepons1ad103 prel rpt2lmay09.doc I Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 E Balboa Blvd I Channel Rd I Ocean Btvd) Preliminary Engineer's Report Page 23 I, , 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 I, , 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 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 approved and confirmed by the City Council of said City on the day of 12009. 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 (lie foregoing Assessment, together with the Diagram attached thereto, was recorded in my office on the day of , 2009. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q: \Newport Beach\AD103\reports \ad103 prd rpt 21mayWdoc Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd 1 Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 24 Part IV Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(f) 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. Q:\Nmport Beach\AM03rrepor0ad103 prel rpt V mayKdoc I Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No, 103 (G St I E Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 25 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 1. 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. Q:Wewpon B"chW1))03trepons\ad)03 pre) rp) 21= 09.doc Harris & Associates I 0 w° 9 O _ n 0 ti O G 1 O 40 a N N O 7. d P� [D N ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 103 (G Street /East Balboa Boulevard /Channel Road /Ocean Boulevard) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA LILLuLUJ L I i u r L— IL. M Gu'>•N55 Y IKWWC.v nsttSSMtV MMC. .' Mm[5A WN, 9d 15 RM:x'S : mu tY, eanvke SNJn W .N5 4V. [q[ WPquWrt [: tx.'[5 v0 Gu x5 Ci isYSUAY. Fn5a.5� w'(RM�Yf 15 +w+M :u sy[ �.+Y � M! au.CO ✓s �e �� r�(s �a -xx a wcK �s.x. u[ auw..no w.wn sc_t:`:se x rccf MRWV�1 / .as a n5ssssuuri wo ovw.+i lIM 1tt] 44 C+3 N M't+f4'O"'l14 R[CCO[4 Y ixC �:Y# WAkR, +r�a[Px vim+ue B' RF�Tf L q.M PFfYDaS XY. W IIICYOFO n LY PYYY Y"IVL SIVE4MNT[rt H SIKY� OIV,6 tdYR i Mf,{ryry -q N5 �� WY d� sYGrtafL6'[N!V 5'1VYf5' AN M.SC`.SUfxt va51CKD 9Y fxC 6h CWMtlt.O[ I+f[. IAR Mx[5 ua NA[fu M uw SN+Y'On Ap NEY9fxi &'f.Gw" ZV4 Y56[BSVfN, "/tl 1{WA Vi VC SI.Y ff�� f�i. MVO6w[L �S uNX [6, TC fP.[Spll:Yi Tll RWh4 a "n.F MKL u +K wnRxtrtnLW[ tt s*!¢tt rW F'q [RM* W W^f R EW149uYMM+ �SSV[NI gMRMB�M35 9RW W M6 w (kE V+XF R' MC IV CtdK d iN[ q1Y R'YiWORi OE�Ht tM� OYYY� 3dM MY atTh ?s<cssons n`,Kn uas �, _ nssssNew[ asmx:r "••.. sa,�a.s, GM4 fXCplj0.4 M [rtP1Ai. Yap..M% FAK �waiL G CIDIY +M . a� aZ d � d A i N N N m O N A Z W 0 N m 91 a 0 d W d n S A a_ O m n C n N m c N O 61 [O `G y R S b 0 K a 0 0 43 b N 3. D N N D 7. d eT (D N ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 103 (G Street /East Balboa Boulevard /Channel Road /Ocean Boulevard)' CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CAUFORNIA. Assessors Map gook 048 r E. BALBOA BOULEVARD /._..8_.. / 34 - \ `v1fl1 (251 ,24) . •' 107 \ `i1 l GRAPHIC SLUE W w x DIE. /._..8_.. / 34 - \ `v1fl1 (251 ,24) . •' 107 \ `i1 l GRAPHIC SLUE w V) Li Z J U Q 5_ w w s taI 2 x c> 2 LEOFNO: -'AS-a Gs l an ' ldt'. - - - - -- Lot UNC _•._ Asuswc I Mst m VMOWY CID As^JS!M'9 ?AQ sECTW 1SmsV s PMm u'. R • voles Ie K REMOVED tij; +ssCSSw.pr wwrcp ..... MRCS iO OC B .OU © W� i) f. iK ^JMi asa'.�NYR��K i+R{, 4'�4Hw.Tis (H9)6fS.ISN' C l7 n � 2 c � v n c� �W D � m m y m C7 2 O w ti Ll w E g a n n A A a_ 0 A m a C v f0 m !� � N O N O V tC W w x V) Li w V) Li Z J U Q 5_ w w s taI 2 x c> 2 LEOFNO: -'AS-a Gs l an ' ldt'. - - - - -- Lot UNC _•._ Asuswc I Mst m VMOWY CID As^JS!M'9 ?AQ sECTW 1SmsV s PMm u'. R • voles Ie K REMOVED tij; +ssCSSw.pr wwrcp ..... MRCS iO OC B .OU © W� i) f. iK ^JMi asa'.�NYR��K i+R{, 4'�4Hw.Tis (H9)6fS.ISN' C l7 n � 2 c � v n c� �W D � m m y m C7 2 O w ti Ll w E g a n n A A a_ 0 A m a C v f0 m !� � N O N O V tC _L:)OSmsSWm�� «t .2 � \ MA �GV e*w___m _a_, s a: � \ \a \ K �.� .ate [ ! � l oil § \ |> \� MATCHTINE SEE SHEET a [ k / \ \ \) a �$� 9 `32 �)>o � �E\ \ /§q . >r± .- .t «a, ce_2nJaUU640IP Loql@3 1 IS+mgpm@_m� a 2 mG mr # ? (.�.< §!_� [ ! � l oil § \ |> \� MATCHTINE SEE SHEET a [ k / \ \ \) a �$� 9 `32 �)>o � �E\ \ /§q . >r± .- .t «a, ce_2nJaUU640IP Loql@3 1 IS+mgpm@_m� a 2 mG mr (.�.< §!_� w�E� 3.�3•a\ Em [ ! � l oil § \ |> \� MATCHTINE SEE SHEET a [ k / \ \ \) a �$� 9 `32 �)>o � �E\ \ /§q . >r± .- .t «a, ce_2nJaUU640IP Loql@3 1 IS+mgpm@_m� a 2 mG mr 0 E a 0 ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 103 (G Street /Eost Balboa Boulevard /Channel Rood /Ocean Boulevard) G CITY OF NEWORT BEACH, COUNTY OF ORANGE STATE OF CAUFORNIA iAssessor's Mop Book 048 t MATC,I1i WNE SEE SHE l f a o 111 20 J to X116ai ?23 L i11E� (: a u LA � S �,) i � i25 � � �: (3S'• 15 ilk, � I 3 1�- V19� ai f 001 tail ov ?, <ildbl 9;�i_}z /�sJ / �+_ "S9dl!C.l �� CT , ry87 �i ✓/ 1 i< \\\ ! L5�, • 4$� � � _ / 199' �Cc 1155 7 \ai 5 ti y' r, t/- `n 1 IN S a 3. 70 N N O 7. d re fD R O GRAPHIC 5CAL2 is L"�ENP �� ASSESSpR"S PPRCCL t1NC wru� A54E54�ENi WS1M1C4 BPYN9ARY 111 � � AAjf55CA5 VACF SFC'R:q{ W`(� asus3oR's:'eAacn NUVBER S • nn rc [OBE REwb� N iT,i'L AssESSUwr nuaeR 9 Or Ha i A CINLfOIGY1893 LB9 N iQ fr.0 f.9[ $iX q0, •p;, d 9YM� -,gi- nw� ax Iwp .1 OVT, 9 1 ,O � W �C C1 n.� A p, fp Q ino c� =: m D n � s 3 O m z 0 W V) m W d O m a 0 m m z n 0 d m n N � � N N O CD l0 sappossy is suieH oop'601iemlZ lda laid CO I P6151aoda.�ZO I(IV\4oeag uodmaN\ :() SEE SHEET 3 r SEVILLEAVENU8 a ]Li 1 F � I I� 1 r� I 7 z M STREET �l I m� a F c m F D O C m 0 f y N O Ui 9 QI O T O 1_d?_ Le) m m 0 w 2 om a °omm a o gN FZK >� Om O ~Z D� NO3 pp o. O xt nW n 0 0 c co 0 a OE a6ed yodeN s,iaaw6u3 tieulwpaJd (PM9 U98301 PN Iauue401 PAIS eOgILG 31IS 0) £OL'ON 10,4910luawssassy 4mn puna6iapun 60OZ'6 aunt yaeag yodmaN 10 43 4 rL 0 m s g 0 m u 0 w rt N `C 0 o. O S d N ac D N N 0 �J. d m N Assessor's 'Mop Book 048 ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 103 (G Street /East Balboa Boulevard /Channel Road /Oceon Boulevard) CITY OF NEWPORT EEACN. COUNTY OF ORANGE STATE OF CAUFORNIA AAATCHUNE SEE SHEET 5 r�r�< 1 ""�" "- / /..� - -.. , DRIVE lit - la r.. J 2s9 , r3 ,a RD Zx Fq 0 17�7J °jU , 1 cl r,s t � I crueN[c scwc L'cG vD: -� ASSSSSOpk. PWCEl. tl!E • +� Bd.wB.9r 1 ]FSIRiCi ASSES l PAa acE �� ASSB ".±MYS P`�CQ WHpF' PMS';0 Be BEU0r4p �� A55E45uCVi >4W9iA ..... WIGS M or KEG o avu. cxc "064 or mw� nl � u xoa u. v r.++r.rxe I C 0 a � Z C n cy =W � d D � m N 3 O n Z O w m w W O co n n m n 0 m a c m _10 N O 0 f0 City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd I Channel Rd 1 Ocean Blvd) Preliminary Engineer's Report Page 32 Part A Description of Facilities Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be installed, or improved under the provisions of the Act, including the acquisition of required right -of -way and/or property. For the general location of the improvements to be constructed referenced is hereby made to the Plans and Specifications described in Part I of this report. The following improvements are proposed to be constructed and installed in the general location referred to as Assessment District No. 103. 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 have been 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 120 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. QMewport Beach\AD 1034eports1ad 103 pret tpt 21 tmy09.doc Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 E Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 33 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. 103 (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 NEWPORT BEACH. EXECUTED this day of California. QANewport 8each\ADI03lrepons\ad103 prel rpl 21mayKdoc 2009, at CITY OF NEWPORT BEACH, SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California By: Stephen Badum, PE Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 E Balboa Blvd I Channel Rd I Ocean Blvd) Preliminary Engineer's Report Page 34 Certificate of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of perjury, CERTIFIES as follows: 1. That I am the person who authorized to prepare and process all environmental documentation as needed as it relates to the formation of the special Assessment District being formed pursuant to the provisions of the "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, said special Assessment District known and designated as ASSESSMENT DISTRICT NO. 103 (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. 1 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 2009, at CITY OF NEWPORT BEACH, California. By: Stephen Badum, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:VNmport Beuch1AD103Lnpods\M103 pre] rpt 21may09.doc Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St! E Balboa Blvd! Channel Rd i Ocean Blvd) Preliminary Engineer's Report Appendix A Excerpts from Assessment District No. 64 Final Engineer's Report dated June 1, 1995 Harris & Associates Q: Wewport Be chWJ 1031reponAad 103 prel rpt 21 mayWdoc City of Newport Beach ..__...__. 2,900 -.. 1 June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd I Channel Rd I Ocean Blvd) ..__._- __._..._..._.- $2,090.77 Preliminary Engineer's Report -38 2,900 Appendix B - Page I 2,900 Appendix B - Assessment Calculations $89634 $2,09077 $16,079.89 _... -37 2,800 -- I _ 2,800 -- Assessor's Parcel Assessed Total - - -- $865.43 -- _ - $2,018.68 Property Asmt Parcel Size far) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 1500 E OCEAN BLVD 1 048 -201-47 4,300 4,300 $19,413.43_ $i.329.05 $23,842.59___ 1504E OCEAN BLVD 2 _ _1 _ 048 -201-46 3,500 ' 1 3,500 $15,801.63 $1,081.78 23 $2,5.J4 _ ' ' _$19,406175 1508 E OCEAN BLVD 3 _ 048 -20141 2900 - t - 2900 - - $11092.7A -- $R96.34 $2 090.77 $16079 89 1516 EOCEAN BLVD 1520 E OCEAN BLVD 1526 E OCEAN BLVD 1530 E OCEAN BLVD 1536 E OCEAN BLVD 1540 E OCEAN BLVD 1544 E OCEAN BLVD 13 -39 ..__...__. 2,900 -.. 1 2,900 _-.__-..._....___--..__._.. $13,092.78 $896.34 ..__._- __._..._..._.- $2,090.77 _.__-..... $16,079.89 -38 2,900 1 2,900 $13,09278 $89634 $2,09077 $16,079.89 _... -37 2,800 -- I _ 2,800 -- - $12,641 30 - - -- $865.43 -- _ - $2,018.68 $15,525.41- 52 5,600 1 5,600 $25,282.60 $1,730.86 $4,037.35 $31,050.81 -34 2,800 1 2,800 $772.70 $865.43 $1,802.39 $15,525.41 J3 -`- 2,700 _ 1 - -- - 2,700 _$12,641.30 $12,18983 _ - - -- $834.52 _$2,018.68 $1,94658- - $14970.93 32 2,700 , 1 2,706 $12_189.83 $834.52 _ $7,94658 _3 $14970.93 112 700 ._ 1 2,706 .- $12,189.83 _ $834.52 $1,946.58 $14,970.93 30 2.700 _ 1 _ 2.700 912.189.83 $834.52 $1.946.58 $14.970.93 2.600 .24 $2162.87 1505 MIRAMAR DR 23 048 -20151 2,800 1 2,800 $12,641.30 $865.43 $2,018.68 $15,525.41 1561 1511 MIRAMAR DR 24 048- 201 -59 2,800 1 2800 $72,641.30 $86543 $13,861.97 $2,01868 $15,525.41 DR 1513 MIRAMAR DR 25 048 -201 -02 2.500 1 2,500 $77,286.88 $772.70 MIRAMAR $1,802.39 $13,861.97 048 - 201 -76 _ ,1517 MIRAMAR DR _. 26 -... 048- 207.03 2,500 1 _ 2,500 $71,286.88 $772.70 DR $1,802.39 $13,861.97 2,500 1521. MIRAMAR DR 27 -201 -04 2,500 _ 1 2,500___ $71,286.88 $772.70 41 $1,802.39 $13,861.97 1 1525 MIRAMAR DR 28 .048 048 -201 -05 2,500 __ 1 2,560 $11,286.88 _ $772.70 048- 201 -19 _ _$1,802.39 $13,861.97 2,500 1529 LyRAMAR DR 29 048 -201 -06 _ _ 2,500 1 2,500 $11,286.88 $772.70 2,500 _ $7,802.39 $13,861.97 $11,286.88 1533 MIRAMAR DR 30 048 -201 -07 2,500 1 2,500 $11,286.88 1 3,160 $1,802.39 $13,861.97 $2,234.96 1537 MIRAMAR . .. DR ... 37 048 -201 -08 2,500 _ 1 _ 2.500 _ _ _ $11,286.88 _ _$772.70 $772.70 $4,483.59 $1,802.39 $13,861.97 7520 1541 MIRAMAR DR 32 048 -207 -09 2.500 1 ........ 2.560 ....ills . .... $71,286.88 $772.70 $19,406.75 $1,802.39 $13,861.97 DR 1547 MIRAMAR DR 33 048 - 201 -10 2,500 1 2.500 $11,286.88 $772.70 MIRAMAR $1,80239 113,861.97 048 -192 -04 1557 MIRAMAR DR 36 048- 201 -13 2,500 1 2,500 $11,286.88 $772.70 $1,802,39 $13,861.97 1561 MIRAMAR DR 37 048- 201 -14 2,500 1 2,500 $11,286.88 $772.70 $1,80239 $13,861.97 1565 MIRAMAR DR 38 048 - 201 -15 2,500 1 2,500 $11,286.88 $77230 $1,80239 $13,861.97 1569 MIRAMAR DR 39 048 - 201 -76 2,500 1 2,560 $11,266.88 $77230 $1,80239 $13,861.97 1573 MIRAMAR DR 40 046 - 201 -17 2,500 1 2,500 $11,266.88 $772.70 0 . $1,802.39 $13,861.97 1577 MIRAMAR DR 41 048 - 201 -18 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 1581 MIRAMAR DR 42 048- 201 -19 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 1585 MIRAMAR DR 43 048 - 201 -20 2,500 1 2,500 $11,286.88 $772.70 $1,80239 $13,861.97 1589 MIRAMAR DR 44 048 - 201 -21 3,100 1 3,160 $13,995.73 $95315 $2,234.96 $17,188.84 1512 MIRAMAR DR 45 048 -192 -01 4,800 1 4,800 $21,670.80 $4,483.59 $3,460.59 $26,614.96 7520 MIRAMAR DR 46 048 -192 02 3,500 1 3,500 __. .-. $15,801.63 $7,081.78 $2,523.34 $19,406.75 1530 MIRAMAR DR 47 048 -192 -03 7,200 1 7,200 $32,506.21 $2,225.39 $5,190.88 $39,922.48 1532 MIRAMAR DR 48 048 -192 -04 4,009 1 4,000 $18,059.00 $1,236.33 $2,883.82 $22,179.15 _ 1536 -1540 MIRAMAR DR 49 048 -192 -05 4,000 1 4,000 $18,059.00 $1,236.33 $22,179.15 MIRAMAR DR 50 048192_ -06 4,200 1 4,200 $18,961.95 $1,29814 _$2,883.82 $3,02801 $23,288.10 1544 MIRAMAR DR 51 048 -192 -07 4,300 1 4,300 $19,413.43 $1,329.05 $3,700.11 $23,842.59 ._- .._.,.. -1550 MIRAMAR DR 52 048 -192 -08 4,500 1 4,500 $20,316.38 $1,39087„ 1552 MIRAMAR DR 53 048492 -09 10,100 1 10,100_ $45,598.77 $3,121.87 ,$3,24430 $7,281.70 ,$24951,55 $56,002.34 1501 E ETOA BALBOA BLVD - -.54 048 - 197 -19 3,400 0.33 - - -1,133 - $5,it5.21 $350.19 $816.84 b6,282.24 _._. __ 1515 E BALBOA BLVD_ 1517 E BALBOA BLVD 2,70D 1 2,700 $12,189.83 $834.52 2,70D 1 2,700 $12,189.83 $834.52 W Harris & Associates Q:W=por Beach7AD I031reperlslad 103 prel rp121 may09.doc City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 109(G St/E Balboa Blvd / Channel Nd/ Ocean Blvd) Preliminary Engineer's Report Appendix B- Page 2 Appendix 8 Assessment Cal |ti avums*^ Parcel Assessed 7^m p/"p°ny «o^* pmuy Size (so Benefit pnvw/ o*ootr""aoo mcm^ota| pmuvuu Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessm( 1603 E BALBOA BLVD 59 048-191-06 2.600 1 2A00 $11.738.35 $803.61 $1.874.48 $14.416 IbIltbALU 1621 E AbLVD BALBOA BLVD 63 64 U48-191-10 048-191-11 2,900 3,200 1 1 2,900 3,200 $13,092.78 $14.44720 $896.34 $989.06 $2,090.77 $2,307.06 $16,079.89 $17,743.32 048-221-14 3,000 1 3,000 $13,544.25 $927.24 $2,162.87 $16,634.36 1637 E ALBOA BLVD 70 048-191-15 3000 1 3,000 $13,544.25 $927.24 $2.162.87 $1663436 1718 PLAZA DEL NORTE 88 048-221-20 2.500 1 2,500 $11,286.88 $772.70 $1 -- .80229 $13.861.97 M4 PLAZADELNORTE- -- 89 048-221-19 2.500 1 2,500 11,286.88 $772.70 $1.80229 $13,861.97 1705 E BALBOA BLVD 73 046-221-02 2,600 1 F600 $11*,738.35 $803.61 $1.874A8 $14,416." 1709 E BALBOA BLVD 74 048-221-03 2.600 1 2,600 $11,738.35 2,506 $803.61 $1.874A8 $14,416.44 1717 E BALBOA BLVD 75 048-221-28 5,300 1 5,300 $23,928.18 2.500 $1,638A3 $772.70 $1.802.39 1801 E BALBOA BLVD 76 048-221-06 2,600 1 2,600 $il,738.35 $772.70 $803.61 $1,874.48 $14,416.44 1748 PLAZA DEL NORTE 95 048-221-26 2,509 1 2.500 $11,286.88 $772.70 $1.80239 $13,861.97 17K PLAZA DEL NORTE M 048-221-27 2,400 1 -F9- W,835.40 $741.80 $0YO-A M,307.49 1817 E BALBOA BLVD 048-221-10 2,60D 1 -2,600 ti 1,738.35 $803.61 $1,874.48 $14,416.44 = |Harris&Associates 1911 E BALBOA BLVD 83 048-221-14 3,000 1 3,000 $13,544.25 $927.24 $2,162.87 $16,634.36 1718 PLAZA DEL NORTE 88 048-221-20 2.500 1 2,500 $11,286.88 $772.70 $1 -- .80229 $13.861.97 M4 PLAZADELNORTE- -- 89 048-221-19 2.500 1 2,500 11,286.88 $772.70 $1.80229 $13,861.97 1734 PLAZA DEL NORTE 92 0414-W-32 2,506 1 2.500 $11,286.88 $772.70 6.16134- S13,861.97 1740 PLAZA DEL NORTE 93 048-221-31 2.500 1 2.500 $11,286.88 $772.70 $1.802.39 $13,86197 1744 PLAZA DEL N 0 RTE 94 048-221-30 2,500 1 2.500 $11.286.88 $772.70 $1,80239 $13,861.97 1748 PLAZA DEL NORTE 95 048-221-26 2,509 1 2.500 $11,286.88 $772.70 $1.80239 $13,861.97 17K PLAZA DEL NORTE M 048-221-27 2,400 1 2.400 W,835.40 $741.80 $0YO-A M,307.49 1707 PLAZA DEL SUR 99 049-M-02 Z,500 1 2,500 $11,286.88 tMJO �IH139 $13,861.97 1711 PLAZA DEL SUR 100 048-222-03 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 1715 PLAZAP.E.L.SUR 101 048-222-0zi 2,500 1 2.500 $11 286.98 $772.70 $1,802.39 $13,8�i.67 1719 PLAZA DEL SUR 102 048-222-05 �,500 1 Z500 S`11286.88 $77270 $1,802.39 $13,8�i.97 1723 PLAZA DEL SU i R 103 048-222-06 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 1725 PLAZA DEL SUR 104 046-222�07 2,500 1 2,500 S 11.286.88 $772.70 $1,802.39 $13,861.97 17ji PLAZA DEL SUR ib� 048-222-08 2,500 1 �,50o $11,286.88 $772.70 $1,802.39 $13,861.97 1735 PLAZA DEL SUR 106 048-222-09 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 1737 PLAZA DEL SUR 107 048-222-10 2,500 1 2,500 $11.286.88 $772.70 $1,802.39 $13,861.97 1747 PLAFAB 109 048-222-32 2,500 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 1751 PLAZA DELSUR 110 048�222-33_ 2,500 1_2,500_ $11,266.88 $772.70 $1,802.39 $13.861.97 1753 PLAZA DEL SUR 111 048-222-34 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $11.416.44- -1 06MIFMIARDR 113 60-M-V 2,800 1 2 $12,641.30 $865.43 $2,018.68 $15,525.41 1706 MIRAMAR DR 114 048-222-26 2,600 1 2,600 $11,738.35 $803.61 Si,874.48 $14,4 16.44 l7io miP.�WA uiR 115 048-222-25 2,700 1 2,700 $12,186M W4.52 $1.946,58 $14,970.93 = |Harris&Associates City of Newport Beach 126 048 - 222 - 1_6__3,100 1 1756 MI RAMAR-DR 127 048 - 222 -37 3,100 1 June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 E Balboa Blvd I Channel Rd I Ocean Blvd) 3_,300 1 1701 MIRAMAR DR Preliminary Engineer's Report 2,700 1 1707 MIRAMAR DR 130 04A- 911 -35 2 5 -___ -1 $772.70 Appendix B - Page 3 1755 MIRAMAR DR 142 Appendix B - Assessment Calculations 2,500_ 1� -2,500 $17,286.88 Assessor's Parcel $13,861.97 Assessed Total 211 -11- 2,500 1._..__2,500 Property Asmt Parcel Size (sf) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 1718 MIRAMAR DR 117 048 - 222 -23 2,900 1 2,900 $13,092.78 $896.34 $2,090.77 $16,079.89 _ 1722 MIRAMAR DR 118 048- 222 -22 3,000 1 3,000 $13,544.25 $927.24 $2,162.87 $16.634.36 1726 MIRAMAR DR 119 048 - 222 -21 3,100 1- _ 3,100 $13,995.73 $958.15 $2,234.96 $17,198.84 1730 MIRAMAR DR 120 048- 222 -20 3,100 1 3,100 $13,995.73 $958.15 $2,234.96_ $17,188.84 1734 MIRAMAR DR 127 048- 22249 3200 1 $11,738.35 $14,447.20 $989.06 $2,307.06 $17,743.32 _ 1738 MIRAMAR DR 122 048 -22231 3,300 _- 1 _3_200 3,360 $14,898.68 $1,019.97 $2,379.15 $18,297.80 1742 MIRAMARDR 123 -048- 222 -30 3,300 1 3,300 $14,89868 $1,01997 $2,379.15 $18,297.80 1744 MIRAMAR DR 724 046 - 222 -28 3,400 7 3.400 $15.350.15 $1.050.88 $2.425 51. _ _ $18.852.28 1752 MIRAMAR DR 126 048 - 222 - 1_6__3,100 1 1756 MI RAMAR-DR 127 048 - 222 -37 3,100 1 1764 MIRAMAR DR 128 048_22236 3_,300 1 1701 MIRAMAR DR 129 048- 211 -36 2,700 1 1707 MIRAMAR DR 130 04A- 911 -35 2 5 -___ -1 1717 MIRAMAR DR 1721 MIRAMAR DR ,_$1,802.39 - ,.1747 MIRAMAR DR _ 140 048 -211-08 _ 2.500 _ 1 2,500 $11.286.88 $772.70 $1,802.39 $13,861.97 1751 MIRAMAR DR - 141 048- 211.09 2,500 1 2.500 $772.70 $1,802.39 $13,861.97 1755 MIRAMAR DR 142 048 - 271 -10 2,500_ 1� -2,500 $17,286.88 $772.76 $1,802.39 $13,861.97 _.,.. ..._1759 MIRAMAR OR 211 -11- 2,500 1._..__2,500 $11,286.88 $772.70 $1,802.39 „ __1761 MIRAMAR DR _143_....048- 144 048. 271- 12 2.400 1.... -___ 2,400 $10,835.40 $741.80 $1,730.29 - $73,307.49 1700E OCEAN BLVD 745 048 - 217 -39 3,000 1 3. 040 -- -- $73.544.25$927.24 $2.762.87-- $16,634.36- 1706 E OCEAN BLVD_ 146 048 - 21140 2,600 1 2.600 $11,738.35 $803.61 $1,87448 $14,416.44 1708 E OCEAN BLVD 147 048- 211 -23 _ _ 2.660 1 2,600 $11,738.35 $803.61 $1,874.46 $14,416.44 1714 E OCEAN BLVD 148 048 -21 142 _ 2.600 _ 1 2,600 $11,738.35 $1,87448 $14,416.44 1718 E OCEAN .... BLVD 149 048- 211 -21 2,600....1 2,600 $11,738.J5 $803.6$1,874.48 $14,416.44 1720 E OCEAN BLVD D 150 ... .. 048 - 211 -20 2.600 7 2,600 ....... .. $11,738.35 .............._.. $803.61 `1 ... .... .. $1,874.48 $14,416.44 1726 E OCEAN BLVD 151 048- 211 -19 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.44 1730 E OCEAN BLVD 152 048- 211 -18 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.44 1732 E OCEAN BLVD 153 048- 211 -17 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.44 1738 E OCEAN BLVD 154 048- 211 -30 2,600 1 2,600 $71,738.35 $803.61 $1,874.48 $14,416.44 1740 E OCEAN BLVD 155 048- 211 -32 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.44 1746 E OCEAN BLVD 156 048- 211 -31 2,600 i 2,600 $11,738.35 - _ $803.61 $1,874.48 $14,416.44 1750 E OCEAN BLVD 157 048- 217 -25 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.44 1754 E OCEAN BLVD 158 048- 211 -15 2,600 1 2600 $11,738.35 $803.61 $1,874.48 $14,416.44 1756 E OCEAN BLVD 159 048- 217 -14 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.44 1760 E OCEAN BLVD 160 048- 211 -13 3,000 1 3,600 $13,544.25 $927.24 $2,162.87 $16,634.36 2000 E OCEAN BLVD 161 048- 261 -30 3,200 _ 1 1200 $14,447.20 $989.06 $2,307.06 $17,743.32 2004 E OCEAN BLVD 162 048- 261 -29 2,600 1 2,600 $11,738.35 $803.61 $1,67448 $14,416.44 2008 E OCEAN BLVD 763 048 - 261 -28 2,600 7 2,600 - _ _ $11,738.35 _ $803.61 $1,674.48 $14,416.44 2012 E OCEAN BLVD 164 048- 261 -33 2,600 7 _ 2,6,6 00 $11,738.35 $803.61 $1,874.48 $14,416.44 2016 E OCEAN BLVD 165 048- 261 -34 2,600 2,600 $11.738.35 $803.61 2020E OCEAN BLVD 166 _ 048 - 261 -31 _ 2,600 -7 1 2,600 $11,738.35 _ _ $803.61 - _ _$1,87448 $1,874.48 _$14,416.44 $14,416.44 2024 E OCEAN ... BLVD 767 048- 267 -32 2,600 1 2,600 _ $11,738.35 $803.61 $1,874.48 $14,416.44 2028E OCEAN -N-BLVD BLVD 168 048- 261 -25 -_4. 2.600 1 2.600 $11.738.35 _. .. $803.61 $7_874.48-__,.. $14,416.41,,, 2032 EOCEAN BLVD 169 . -.. 048- 261 -24 -_ 2,600 1 ._. .._...- 2.600 $17.738.35 $80.3.61 $7,874.48 $14,416.44 2036 E OCEAN BLVD 170 048 - 267 -23 2,600_ _ _ 1 - 2.600 $17,738.35 $803.61 $1,874.48 $14,416.44 2040 E OCEAN BL VD _ 171 048- 261 -22 _ 2,600 1 2,600 $11,738.35 $803.67 $1,874.48 $14,416.44 2044 E OCEAN BLVD 172 048 -261 -21 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.44 2050 .... . ___ E OCEAN ... BLVD - ... -._. 173 048. 261 -20 2,600 1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.44 205 2 E E OCEAN BLVD 174 048. 261 -19 ._.. _ 2,600 -._ .. 1 2,600 $11,738.35 $803.61 $7,874.48 $14,416.44 Harris & Associates Q:1Nmpon Bcach\ADt03Vcpor1sW 103 prel rpt 21 may09.doc City of Newport Beach 176-048-26 1 -63- June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd / Channel Rd I Ocean Blvd) $9.480.98 Preliminary Engineer's Report $1,514.01 $11,644.06 Appendix B - Page 4 -190 Appendix B - Assessment Calculations 2,100 .1 1 2,100 Assessor's Parcel Assessed Total $649.07 $1,514.01 Property Asrnt Parent Size (at) Benefit Parcel Construction incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 2056 E OCEAN BLVD 175 048-261-18 2,600 1 2,600 $11,738.35 $803.61 $1.874.48 $14.416.44 2060 E OCEAN BLVD 176 048-261-17 3,200 1 - 3,206 $1-4,447.20 2.16-6- $17,74132 MIRAMAR DR 176-048-26 1 -63- Z100 1 2,100 $9.480.98 $649.07 $1,514.01 $11,644.06 Mlj�%MAR M -190 048-261-04 2,100 .1 1 2,100 $9.Z0.98 $649.07 $1,514.01 _.$11,644.06 $11,644.06 rwi-R-AWAR-DR - - -18-1 C4��72-si �o5 m-0-0- 1 -2,100 $9.480.N --U-4-907- - -TT514.61 111-,6-4406 MIRAMAR DR -M W8--M-06 2.16-6- 1 2.100 $9,480.98 $6Q.07 -fl-,514.01 M.F44-66 MIRAMAR DR 183 048-261-07 2.100 1 2,100 $9,480.98 $649.07 $1,514.01 $11.644.06 RAMW-DR W- 204 048-252-20 3,2&* " -1 2222. 7,-20-0 $14,447.20 sdff.'5F $2,�15TO6 $17,743.32 MIRAMAR DR 785 0 48 -2 6-1 -a j,1G'0---'-1 1 -3.100 W.995.73 $958.75 $2,234.96 $17,188.114 MIRAMAR D�F- iAF-'5Zl8-2-61-352,1GG 048-252-02 2,100 A 0 -2�16 2222 13480.98 $649.07 $1,514.01 $11,644.06 URAMAR 5-R-- 187 048- 261 -36 2,100 1 2,100 $9,480.98 $649.07 $1,514.01 $11,644.06 MIRAMAR DR 188 048-261-11 2,100 048-252--16 74fod' __ - $9,480.98 ----$649.07 2,600 $1,514.01 $11,644.06 MIRAMAR DR 189 048-261-12 2,100 1 2,100 -2222 $9,480-98 $649.07 $1,514.01 $11,644.06 MIRAMAR DR 190 048-261-13 2,100 1 2,100 $9,480.98 $649.U7 $1,514.01 $11,644.06 MIRAMAR DR 191 048-261-14 2,100 1 2,100 0.98 $649.07 $1,514.01 ,.,$71,84d.176 MIRAMAR DR 192 048-261-15 2,100 1 2,100 $9,480.98 $649.07 $1,514.01 $11,644.06 M11-FRIMAR DR-- 193 048-261-16 3.000 $2�883.82 3,02� 13,544�25 $627.24 - $2.162.87 $16,634.36 MIRAMAR DR 194 048-252-12 6,000 __I� 1 6,000 $27,088.50 $1, 654.49 $4.325.73 $33,268.72 1,644,06- 322 L ST 199 048-252-13 2,100 1 2,100 $9,480.98 $649,07 $1.514.01 $11,644.06 324 L ST 200 048-252-19 1,400 1 A.400 $6,320.66 $432.71 $7,7 2.70 2222 326 L ST 201 048-252-18 1,400 1 1,400 $6,320.65 $432.71 $1,009.34 $7,762.70 22222222 330 L ST 202 048-252-05 2,800 1 2,800 $12,641.30 8865.43 $2,018.68 $15,525.41 .. ... . .... . .. . ...... 332 L ST .... . .. 203 25 .. --- 048-252-21 . . ..... ...... 1,800 1 1,800 $8,126.55 $556.35 $1,297.72 334 L 5T 204 048-252-20 2.100 1 2,100 $9.480.98 $649.07 $1,514.01 $11,644.06 338 L St 205 648 -252 -03 3,200 1 3,200 $14,447.20 $089,06 340 L ST 206 048-252-02 2,100 1 2,100 $9.480.98 $649.07 .$2.307.06 $1,514.01 $11.644.06 2001 IF BALBOA 301) 207 048-25217 2,600 1 2,600 $11.738.35 $802.61 $1,874.48 $14.416.44 2005 E 6XL130A BLVD 268 048-252--16 2,606 1 2,600 S11.738.35 $TOMI $1.874.48 V4,416.44 429 BELVUE LN 209 048-251-21 5,000 1 5,000 $22,573.75 $1,545.41 $3.604.78 $27,723.94 427 BELVUE LN 210 048-251-22 4,000 1 4,000 $19,059.00 $1,236.33 $2,883.82 $22,179.15 425 BELVUE LN 211 048-251-23 4,000 1 4.000 $18,059,00 $1,236.33 $2.883.82 $22,17915 423 BIE IVOE LN M 046--ZI -24 4.006 1 4,000 $18,059�00 $1.236.33. $2�883.82 4 21 BE -�VUE _L11 213 04ii- 251-25 4.000 1 4.000 $18,059.00 $1.236.33 2222 $2.88182 $22,179,15 419 BELVUE LN 214 048-251-26 4.00O 1 4.000 $18,059-00 $1,236-33 $2,883S2 $22,179.15 417 2222 BELVILIE 114 215 04Y-261-27 4.600 1 4,000 19.059.00 $1.236.33 $2�883.82 $22,179.15 415 BELVUE LN 216 048-251-28 4,000 1 4,000 $18,059.00 $1,236.33 $2,883.82 $22,179.15 413 BELVUE LN 217 048-251 -26 4,000 1 4,000 $18,059-00 $1.23633 $2,883.82 $22,179.15 411 6i]'�V!Jr LN *2-18 048-251-36 4MO 1 4,000 $18,059.00 $1,2k33 $2,883.82 $22,179.15 40S BE�VUE LN 219 048-251-31 4,000 1 4,000 $18,059.00 $1,236.33 $2,883.82 �22,179.15 407 BELVILE LN 220 048251-32 4,000 1 4,000 $18,059�00 $1,236.33 $2,88182 $22,179.15 405 BELVOiE LN 221 OZ9-251-33 4.000 1 4,000 $16,659.00 51.236.33 $2,883�9� $22,J79.1'5 403 BELVUE LN 222 048-251-07 4.000 1 4,000 $1809.00 $1,23633 $2,883.82 $22,179.15 401 BELVUE LN 223 048-251-06 6,100 0.83 5,083 $22,948.48 $1,571.06 $3,664.62 $28,184,16 450 BELVUE LN 224 048-251-37 5,800 1 5,800 $26,185.55 $1.792.67 $4,181.54 $32.159.76 426 BELVUE LN 225 048-251-38 5,200 1 5.200 $23,476.70 $1,607.22 $3,748.97 $28,832.89 424 BELVUE LN 2W --048-251-34 5.003 1 5.000 $22A7175 $1.545.41 3,604.76 $27723.94 422 BELVUELN . 227 . . .. ...... 048-251,35 5,000 1 5.000 $22.573.75 $1.545.41 $3,604.78 $27,723.94 420 BELVUE LN 228 048-251-14 4,000 1 4,000 $18,059.00 3222 $1,236.33 2222 $2,883.82 $22,179.15 418 BELVUE LN 229 048-251-15 4,000 2222.. 1 4,000 $18,059.00 $1.236.33 $2,883.82 $22,179.15 416 BELVUE LN 230 048-251-16 4,000 1 4,000 $18.059.00 $1.236.33 $z,881.8.2- $ 2 �2, 1 �7.9�. 1 -5 414 BELVUE LN 231 048-251-17 4,000 2222 I 000 $18,059,00 $1,236.33 J2,88182 $22,179.15 412 BELVUE LN 232 048-251-18 4,000 .... 1 4,000 $18,059.00 $1,236.33 $2,883.82 $22,179.15 titii Harris & Associates Q�\Nmpoo Beach\ADI03\repons\adI03 peel rpi 21,nay09.doc City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St 1 E Balboa Blvd I Channel Rd l Ocean Blvd) Preliminary Engineers Report Appendix B - Page 5 Appendix B - Assessment Calculations Property Address 406 Assessor's Parcel Assessed Total Asmt Parcel Size (sf) Benefit Parcel Construction Incidental Financial Total No. Number Rounded Factor Area Costs Expenses Costs Assessment 402 BELVUE LN 2 237 0 048 -251 -04 4 4,000 1 1 4 4,000 400 BELVUE LN 2 238 0 048 -251 -05 _ 5,200 _ 0.83 _ 4,333 _ 2025 E BALBOA BLVD 2 239 0 048- 272 -28 3 _ 5 1 3 _ 4 .. ..._. .__ _ _1111__ _ _.. . 1 1111__ _ -... _ 1 3 ____ 445SEVILLEAVE 2 241 0 048- 272 -20 2 2,800 1 1 2 2,800 _. 408E .__ -. 4 42 0 04- _ _1112__ . .. 1 20 $989 O6 $2,307.06 _ - -. 4441_ , - ... -_- __ .. _ _....____.- __ 20395EVILLE AVE 256_ 048 - 272 -11 2,500 _ 1 2,501,._ $11,28688 $77270 $180239 $13861.97 -,. 2043 SEVILLE AVE 257 048- 272 -12 2,400 _ 1 2,400 $10,835.40 $741.80 $1,730.29 $13,307.49 .. 4444- ._.._..�. ....-,___ -. _ ... .._.__.,- ....�_ _._�.. _ 2022MIRAMAR DR 258 048 -DZ -18 2900 1 2,900 $13,19278 $89634 .. ._. -__�. .. _. _4_.111- ._ -. 2026 MIRAMAR OR _ 259 048 - 272 -17 2,500 1 2,500 $11,286 88 _ $772.70 _ $1,802.39 $13,861.97 2032 MIRAMAR DR - 260 046- 272 -i6 2,500 1 _ 2,5011 $11,28688 $77270 _$1,80239 $13 86 1.97 2034 MIRAMAR DR 261 048- 272 -15 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 2038 MIRAMAR DR 262 048 - 272 -14 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 4414 16 _ . ._. _ _. .. .. .. ....._._.._ 114 4 2042 MIRAMAR DP. 263 648- 272 -13 2,700 1 2,700 $12,18983 $63452 $1,946.58 $14,970.93 _. __ __. . .. 1111 .. ..., .. 1111 9-085EVILLE AVE 264 048- 271 -30 2.800 1 2,800 $12,64L30 $865.43 $2.018.68 $15,525.41 _.. .-. ... .. -... 2 _..._O $1814_... .. .1111 2037 E BALBOA BLVD 265 048- 271 -29 2,800 1 2,800 $12,641.30 $865.43 $2.018.68 $15,525.41 440 SEVILLEAVE 267 048- 271 -28 3,100 1 3,100 $13,995.73 $958.15 $2,234.96 $17,188.84 436 SEVILLE AVE 268 048 - 271 -26 3,100 1 3,100 $13,995.73 $958.15 $2,234.96 $17,188.84 432 SEVILLE AVE 269 048- 271 -25 3,100 1 3,100 $13,995.73 $958.15 $2,234.96 $17,188.84 424 SEVILLE AVE 270 048- 271 -27 3,100 1 3,100 $13,995.73 $958.15 $2234.96 $77,188.84 420 SEVILLE AVE 271 048- 271 -14 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 416 SEVILLE AVE -272 048- 271 -13 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 111. 4125EVILLE AVE 273 048 - 271 -21 3,700 1 3,700 $16,704.58 $1,143.60 $2,667.54 $20,515.72 408 SEVILLE AVE 274 048- 271 -23 2,300 1 2,300 $10,383.93 $710.89 $1,658.20 $12,753.02 402SEVILLE AVE 275 048 - 271 -31 3,200 0.83 2,667 $12,040.84 $82432 $1,922.79 $14,787.95 2047 E BALBOA BLVD 276 048- 271 -19 2.800 7 2.800 $12,641.30 $865.43 $2,018.68 $15,525.41 449MST 277 048 -271 -01 2,700 1 2,700 $12,189.83 $834.52 $1,946.58 $14,970.93 445M ST 278 048 -271 -02 4,900 1 4,900 $22122.28 $1,514.50 $3,532.68 $27,169.46 441 MST 279 048 -271 -03 2.500 1 2,500 $11,286.88 $772.70 $1,80239 $13,861.97 433 M ST 280 048- 271 -32 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 429M ST 281 048 - 271 -33 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 _.. ._. 425 M S7 - 282 048-271-05 2,500 _ 1 _ 2,500 $11_286 88 _ $77270 $1,80239 $13861.97 _ _ .__. _411.. 421 MST 283 048 -271 -06 4,900 1 4,900 $22,122.28 $1,514.50 $3,532.68 $27,169.46 1141__ 409 M ST__ 284 048 -271 -07 4,700 1 4,700 $21,219.33 $1,452,68 $3,388.49 $26,060.50, 405 M ST 285 048 -271 -08 2,300 __ 1 2,300 1144. ___ 1141 __. .1141. -_ _.. 2046 SEVILLE A_ VE 286 048 -271 -09 3,600 0.33 1,200 4141 -.. ... _.. 4141 _.. 1411 1411... 2701 E BALBOA BLVD 287 048 -302 -01 3,300 1 3,300 2105 E BALBOA BLVD 288 048 -302 -02 3.000 1 3,000 1114.. .- BLVD _4 _._ ... 1111 2109 E BALBOA BLVD 289 048302 -03 3.000 1 3,000 1441 .__ 100 .. 1411.. ... 2115 E BALBOA BLVD 290 048302 -04 3.000 1 3,000 QANewport Beach\AD 1034eportslad 103 prat spt 21 may09.doc 3.93 $710.89 $1,658.20 $12,753.02 7.70 $370.90 _ _ $86515 _ $6,653.75 8.68 $1019.97 $2.379.15 $18.297.80 $927.24 $927.24 Harris & Associates 440 SEVILLEAVE 267 048- 271 -28 3,100 1 3,100 $13,995.73 $958.15 $2,234.96 $17,188.84 436 SEVILLE AVE 268 048 - 271 -26 3,100 1 3,100 $13,995.73 $958.15 $2,234.96 $17,188.84 432 SEVILLE AVE 269 048- 271 -25 3,100 1 3,100 $13,995.73 $958.15 $2,234.96 $17,188.84 424 SEVILLE AVE 270 048- 271 -27 3,100 1 3,100 $13,995.73 $958.15 $2234.96 $77,188.84 420 SEVILLE AVE 271 048- 271 -14 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 416 SEVILLE AVE -272 048- 271 -13 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 111. 4125EVILLE AVE 273 048 - 271 -21 3,700 1 3,700 $16,704.58 $1,143.60 $2,667.54 $20,515.72 408 SEVILLE AVE 274 048- 271 -23 2,300 1 2,300 $10,383.93 $710.89 $1,658.20 $12,753.02 402SEVILLE AVE 275 048 - 271 -31 3,200 0.83 2,667 $12,040.84 $82432 $1,922.79 $14,787.95 2047 E BALBOA BLVD 276 048- 271 -19 2.800 7 2.800 $12,641.30 $865.43 $2,018.68 $15,525.41 449MST 277 048 -271 -01 2,700 1 2,700 $12,189.83 $834.52 $1,946.58 $14,970.93 445M ST 278 048 -271 -02 4,900 1 4,900 $22122.28 $1,514.50 $3,532.68 $27,169.46 441 MST 279 048 -271 -03 2.500 1 2,500 $11,286.88 $772.70 $1,80239 $13,861.97 433 M ST 280 048- 271 -32 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 429M ST 281 048 - 271 -33 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 _.. ._. 425 M S7 - 282 048-271-05 2,500 _ 1 _ 2,500 $11_286 88 _ $77270 $1,80239 $13861.97 _ _ .__. _411.. 421 MST 283 048 -271 -06 4,900 1 4,900 $22,122.28 $1,514.50 $3,532.68 $27,169.46 1141__ 409 M ST__ 284 048 -271 -07 4,700 1 4,700 $21,219.33 $1,452,68 $3,388.49 $26,060.50, 405 M ST 285 048 -271 -08 2,300 __ 1 2,300 1144. ___ 1141 __. .1141. -_ _.. 2046 SEVILLE A_ VE 286 048 -271 -09 3,600 0.33 1,200 4141 -.. ... _.. 4141 _.. 1411 1411... 2701 E BALBOA BLVD 287 048 -302 -01 3,300 1 3,300 2105 E BALBOA BLVD 288 048 -302 -02 3.000 1 3,000 1114.. .- BLVD _4 _._ ... 1111 2109 E BALBOA BLVD 289 048302 -03 3.000 1 3,000 1441 .__ 100 .. 1411.. ... 2115 E BALBOA BLVD 290 048302 -04 3.000 1 3,000 QANewport Beach\AD 1034eportslad 103 prat spt 21 may09.doc 3.93 $710.89 $1,658.20 $12,753.02 7.70 $370.90 _ _ $86515 _ $6,653.75 8.68 $1019.97 $2.379.15 $18.297.80 $927.24 $927.24 Harris & Associates 405 M ST 285 048 -271 -08 2,300 __ 1 2,300 1144. ___ 1141 __. .1141. -_ _.. 2046 SEVILLE A_ VE 286 048 -271 -09 3,600 0.33 1,200 4141 -.. ... _.. 4141 _.. 1411 1411... 2701 E BALBOA BLVD 287 048 -302 -01 3,300 1 3,300 2105 E BALBOA BLVD 288 048 -302 -02 3.000 1 3,000 1114.. .- BLVD _4 _._ ... 1111 2109 E BALBOA BLVD 289 048302 -03 3.000 1 3,000 1441 .__ 100 .. 1411.. ... 2115 E BALBOA BLVD 290 048302 -04 3.000 1 3,000 QANewport Beach\AD 1034eportslad 103 prat spt 21 may09.doc 3.93 $710.89 $1,658.20 $12,753.02 7.70 $370.90 _ _ $86515 _ $6,653.75 8.68 $1019.97 $2.379.15 $18.297.80 $927.24 $927.24 Harris & Associates 3.93 $710.89 $1,658.20 $12,753.02 7.70 $370.90 _ _ $86515 _ $6,653.75 8.68 $1019.97 $2.379.15 $18.297.80 $927.24 $927.24 Harris & Associates City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 103 (G St I E Balboa Blvd / Channel Rd I Ocean Blvd) Preliminary Engineer's Report Appendix B - Page 6 Appendix B - Assessment Calculations Assessor's Parcel Assessed Total Property Asmt Parcel Size (sf) Benefit Parcel Construction Incidental Financial Total Z IUo atVILLt AVt 3Z1 048- 292 -29 2,500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 2109 .3 SEVILLE AVE .VI .. - 328 048 -292 -02 2,500 1 2,500 $11,266.88 $772.70 $1,802.39 $13,861.97 2113 SEVILLE AVE 329 .. -.. 048 -292 -03 2,500 1 .. 2,500 $11,286.88 .. .... ._ $772.70 .. $1,802.39 __.6. $13,861.97 2117 SEVILLE AVE 330 048 -292 -04 2,500 1 2,500 $11,286.8 8 $772.70 $1,802.39 $13,8.97 61 2121 SEVILLE AVE 331 048 -292 05 2,500 1 2,500 $11,286.88 $772.70 $1,862.39 $13,861.97 2127 SEVILLE AVE 332 048 -292 -06 2,500 1 2.500 $11,286.88 $772.70 $1,802.39 $13,861.97 21293EVILLE AVE 333 048 -292 07 2,500 1 2,500 $11,286.88 $1,80239 $13,861.97 2133 SEVILLE AVE 334 048. 292 -27 2.700 1 2,700 $12,139.83 _$772.70 $834.52 _ $1,946.58 $14,970.93 2137 SEVILLE AVE 335 048 -29226 2.700 1 2,700 $12,189.83 _ $834.52 $1,946.58 $14,970.93 2141 SEVILLEAVE 336 048- 292 -32 2.700 1 2,700 $12,189.83 $834.52 $1.946.58 $14,970.93 2145 SEVILLE AVE _. 337 048 - 292 -33 2,700 1 2,700 $12,189.83 $834.52 $1,946.58 $14,970.93 2149 SEVILLE AVE 338 048- 292 -10 3.000 1 3,000 $13,544.25 $927.24 $2.162.87 $16,634.36 2100 MIRAMAR DR 339 048- 292 -25 2,600 '1 2,600 $11,738.35 $803.61 $1,874.48 $14,416.4_4 ._.. .2104 MIRAMAR DR _ _. -- -340 _ _ 048 - 292 -24 _ 2,500 1 -- 2,500 $11,286.88 _ $1;80239 $13861.97 2108 MIRAMAR DR - 341 _-. 048- 292 -23 2,500 _ 1 2,500 811,286.88 $772.70 _ $1,802.39 $13,861.97 ._ 2112 MIRAMAR DR 342 048- 292 -22 2,500 I 2,500 571,286,88 ..._.. $772.70 $1,802.39 $13,861.97 2116 MIRAMAR DR 343 046- 292 -21 2.500 1 2,500 $11,286.88 $772.70 $1,802.39 $13,861.97 2120 ... .. MIRAMAR DR- -..._ .... ..... 34-0 048 - 292 -20 2.500 1 2,5Q6 _ bi 1,286.88 $77270 $1:802.39 $13,861.97 2124 MIRAMAR DR ......_ 345 . -. 048- 292 -19 _ -.. 2.100 _ _... 1 2,100 . __. $9,480.98 $649.07 $1,514.01 _ $11,644.06 2126 MIRAMAR DR 346 048 - 292 -18 2.100 1 2,100 $9,480.98 $649.07 $1,514.01 $11,644.06 2128 MIRAMAR DR 347 N9-29-2-1- -7 2.100- 1 2,100 $9,480.98 $649.07_ $1,514.01 $11,644.06 2130 _ MIRAMAR DR 348 048 - 292 -35 2,100 1 2,100 $9,480.98 $649.07 $1,514.01 $11,644.06 Harris & Associates /1 Newport SeachWp 103keports\ad103 prel rpt 21 may09.doc City of Newport Beach June 9, 2009 Underground Utility Assessment District No. 108(G St/E Balboa Blvd / Channel Rd /Ocean Blvd) Preliminary Engineer's Report Appendix 8 Page 7 A000ndix8' Assessment Calculations Assessor's Parcel »,o°*^*: rom| Property Asrnt Parcel Size (sf) Benefit Parcel Construction Incidental Financial Total |Harris &Associates �� V/wr°y^^n,acm^ow3\rovo*s\,dw3 pie[ ,*z/mzy0v.*x 213? 1E OCEAN 6LV6 379 048-2BI -21 3,300 1 3,366 $14.89ZM $1,019.97 $2,379.15 $1097.80 2140 E OCEAN BLVD 3k 048-281-20 3,100 1 00 $13.995.73 $9.513.15 $Z,234.96 M4 E OCEAN SLVD 381 048-281-19 4JW 1 4,700 V1,219-33 — $1,45268 $3,388.49 $26,060.50 2156 E OCEAN BLVD 383 048-281-33 3,000 1 3,000 $13,544.25 5927.24 $z,162.87 $16,634.36 2164 E OCEAN BLVD 385 048-281-16 3,800 1 3,800 $17.156.05 $1,174.51 $2,739.63 $21,070.19 |Harris &Associates �� V/wr°y^^n,acm^ow3\rovo*s\,dw3 pie[ ,*z/mzy0v.*x PROFESSIONAL SERVICES AGREEMENT WITH MEYERS, NAVE, RIBACK, SILVER & WILSON FOR BOND COUNSEL SERVICES THIS AGREEMENT is made and entered into as of this day of 2009 ( "Effective Date'), by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and MEYERS, NAVE, RIBACK, SILVER & WILSON, a California Professional Law Corporation, whose address is: 555 12TH Street, Suite 1500, Oakland, California 94607( "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 Assessment District No. 103 (Peninsula Point) ( "AD 103 ") and to issue bonds in connection therein. C. City desires to engage Consultant to act as Bond Counsel in connection with the proposed AD 103 (the "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal attorney with the Consultant for purposes of the Project shall be Samuel Sperry. 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 Effective Date, and shall terminate upon either the issuance of the Bonds and completion of all Project work or on 316t day of December 2010, whichever is sooner. 2. SERVICES TO BE PERFORMED; EXCLUDED SERVICES Consultant shall diligently perform all the services described under the heading "Services Included" 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. Consultant shall not be responsible for the services described under the heading "Services Excluded" in Exhibit A. 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 Consultant's compensation for all work performed in accordance with this Agreement, contingent upon issuance of the bonds, shall be the total sum of Twenty - Five Thousand Dollars and no /100 ($25,000.00). The total sum shall not be exceeded 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 City shall reimburse Consultant 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: 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. C. Actual costs for Consultant's travel between Consultant's office in Oakland, California and Newport Beach, California after the fifth (5t') trip following the Effective Date. Consultant shall bear all travel costs for Consultant's first five (5) trips between Consultant's office in Oakland and Newport Beach following the Effective Date. 4.2 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. 2 :W 11111TJ 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 Samuel Sperry 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 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 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, 3 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 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. 4 11. 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 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 Employers Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, 5 Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of 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. 0 iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided , by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 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 %) 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 7 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. 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 terms 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 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. 93 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. 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: Samuel Sperry Meyers, Nave, Riback, Silver & Wilson, a PLC 55512 TH Street, Suite 1500 Oakland, CA 94607 Phone: (510) 808 -2000 Fax: (510) 444 -1108 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. 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 10 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. 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. 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. 11 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: ea'uc mp, Edward D. Selich, Mayor Assistant City A omey for the City of Newport Beach ATTEST: By: Leilani Brown, City Clerk CONSULTANT: M (Corporate Officer) Print Name: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Extra Work Billing Rates im EXHIBIT A SCOPE OF SERVICES Services Included 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) preparation of the resolutions, notices, affidavits and other documents required by the Municipal Improvement Act of 1913 (the "1913 Act'), the Improvement Bond Act of 1915, and by Section 4 of Article XIIID of the California Constitution governing the proceedings for establishment of the Assessment District and for authorization of issuance, sale, execution and delivery of the Bonds; (c) examining the proceedings related to the formation of the assessment district; (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 assessment ballot proceedings; A -1 (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, 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; (p) following a successful sale of the Bonds, preparation of the Bonds and customary closing documents to be executed by or on behalf of the City and required to effect delivery of the Bonds (including the Tax Certificate) and coordination of the closing; (q) rendering of Meyers Nave's customary final legal opinion on the validity of the Bonds and the tax - exempt status of interest thereon; and, (r) preparation of a transcript of proceedings and closing for the City and such other participants as designated by the City. Services Excluded (a) preparation or processing of any agreements to be entered into with utility companies, although Consultant will, at the request of City staff, review and comment on any such agreement; (b) preparation of the following required items, which shall be the responsibility of City staff or the City's consu@ing engineer retained to provide assessment engineering services (the "Assessment Engineer"), although Consultant will, at the request of the person or persons having responsibility for such items, review and provide comments on same: (i) the AD 103 boundary map; (ii) the written engineer's report, containing the matters specified by Section 10204 of the 1913 Act, as supplemented by Section 4 of Article XIIID of the California Constitution; (iii) the preparation or mailing of individual assessment ballots or, following City Council action to levy assessments, the preparation or mailing of individual notices of recording of assessments, provided that Consultant will provide the form of notice of hearing to be mailed with the assessment ballots, a ON blank form of assessment ballot, and the form of notice of recording of assessments; and (iv) the list of cash payments received by the City during the cash payment period preceding issuance of the Bonds; (c) services for the recording of the boundary map, assessment diagram and notice of assessment in the records of the Orange County Recorder; (d) services to publish the notice of assessment in the newspaper customarily used by the City for legal publications; (e) preparation of a Preliminary Official Statement ( "POS ") or an Official Statement ( "OS "), which shall be the responsibility of the City's retained Disclosure Counsel ( "Disclosure Counsel "), although Consultant will review those sections of the POS and the OS set forth in paragraph (i) under the heading "Services Included" above in this Exhibit A; (f) preparation of the continuing disclosure undertaking of the City, which shall be the responsibility of Disclosure Counsel, although Consultant will, at the request of City staff or Disclosure Counsel, review and comment on same; (g) any services pertaining to the utility undergrounding improvement project itself or the work relating to the conversion of individual service connections from overhead to underground locations, including but not limited to bidding documents or procedures, contract documents, plans and specifications, establishment of easements, rights of way or other property interests required for implementation of the improvement project or individual service connections, or award of contract or contracts; (h) any determination with respect to satisfaction of the California Environmental Quality Act with respect to the improvement project or individual service connections; (i) any form of financial advice or guidance, these services being the responsibility of the City's financial advisor, or, following the issuance, sale and delivery of the Bonds, guidance with respect to compliance with the arbitrage or rebate provisions of federal income tax law; (j) any services relating to administration of the assessment liens (including but not limited to calculation or submission to the Orange County Auditor of annual installments to be collected on the tax roll, calculation or handling of payoffs, apportionments in the event of parcel divisions, or monitoring of delinquencies on assessment installments or collection efforts or foreclosure on account of delinquencies); and (k) any services relating to the administration of the Bonds following the issuance, sale and delivery thereof, including but not limited to compliance with A -3 continuing disclosure obligations, procedures for advance redemption of Bonds, or registration or transfer of ownership of the Bonds." 1235991.1 A -4 EXHIBIT B SCHEDULE OF BILLING RATES FOR EXTRA WORK Senior Counsel and other Shareholders ...................... $300.00 Associate Attorney ........................ ............................... $250.00 Paralegal...................................... ............................... $ -.00- Legal Secretary ............................................ -.... $ -.00- B -t DOC SOC/ 1330982d2/022459 -0020 tuitubvcd In Puhh�h ukerri,crtR -il all kind% n¢ludmi public n,qi, (V ree iit the Supcnin 0unt •H Eh.ingc (ounty. E'aIiI nrm a Numhr \I r rI Scplcmher.1q 1061. and % -73S ?I June II. 190 RECR"i !c D PROOF OF PUBLICATION M9 AN X22 pM 9. 1111 STATE OF CALIFORNIA) CITY ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: June 13, 2009 I declare. under penalty of perjury, that the foregoing is true and correct. Executed on June 16. 2009 at Costa Mesa. California. Signatur A RESOIUTION Of THE cp (OIIHOL Of THE CITY Of NEWPORT BEACH RESOUITI01 9 NG PREUMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGVM F01 FSSMEHI DISTRICT NO. 103 iG STREET/[ BAIBOA BOULEVARD /(HANK IDAD, 0(EAN BOULEVARD; AND AN UNOFRGROUND UTILITIES DISTRICT, SETTING A HIRE AM PUCE FOR A PU8U( HEARING THEREON, AND DIRECTING THE AIJUUNG Of WM Of "a11G AND ASSSSMENB owls TO 1111 AFf"D PROPENEY OW119S WHEREAS, this City Council has instituted proceedings for the formation of a special assessment district designated as Assessment District No 103 (G SVE Balboa Blvd/Channel Rd /Oscan Blvd) (the 'Aasessmen District -) to provide fm the conversion of certain overhead electrical am communication facilities fo underground t"Allor s, together with apurte lances and appurtenant work in connection therewith (the 'Project') pursuant to the terms and provgrons of the 'Municipal Improvement Ac' of 1913' (the '1913 Act'), bang Division 12 of the Streets and Highway - Code (the 'Code-). and WHEREAS. a resolution adapting the boundary map for the Aasessmen District (the 'Boundary Mao) and the resarutun of intention (thi 'Resolution of Intention') for the formation of the Assessment Distrn and Implementation of the Project have been adopted by this City Cuunci on this same dale. and WHEREAS, as further indicated in the Resolution of Intention. this Cdj Council Intends to designate the area of the Assessment District as ar underground utilities district pursuant to Chapter 15.32 of the Code o Ordinances of the City of Newport Beach (-Chapter WHEREAS. this City Council has heretofore employed Harris 6 Assaciala to provide services to the City of Newport Beach (the'Citj) as assessment engineer for the Assessment District (the 'Assessment Engineer) am directed the preparation and submission to the City Clerk of a wrifit, report (the Assessment Engineers Report') containing the matlers required by Section 1020{ of the 1913 Act. as supplemented by Artick {1110 of the California Constitution and Section 53753 of the Govarnment Coda ('Section 53753'1 (the 1913 Act. Article kplD, and Section 53751 are referred to herein collectively as the'Assassment Law'), together wit; the information speicdied by Section 2961 of the Code and by Chapter 15.32. and WHEREAS, the Assessment Engineer's Report has been prepared and submitted to the City Clerk, and the City Clark has submitted the reporl to this City Council for consideration in furtherance of the pinceal to eslabush the Assessment District, and WHEREAS. this City Coupul wishes 10 Preliminarily approve the Assessment Engmery s Report. without modification. and to schedule the pubhc hearing IS hereby Determined. Resolved, and Cleared CTION 1 The above recitah are all true and correct CTION 2. Pursuant to Section 10300 of the Code, the Assessn pneer's Report is hereby preliminarily approved, without modd¢al the purpose of conducting a public hearing as provided by sessmenl Law Said report shall stand as the report for the pulp subsequent proceedings under the Assessment Law. except that it i confirmed, modified, or corrected as provided in the Assessment Law :TION 3. Pursuant to Secluon 10301 of the Code and Section 531 s City Council hereby sets July 28, 2009, at 700 pm or as s ueatter as the matter may be beard. in the Council Chambers at 3 wpott Boulevard, Newport Beach, California. As the dale. time and pt the pubhc hearing with respect to the proposed Assessment Ouh Project, the proposed establishment of the underground utilities dui I any aspect of the Assessment Engineer', Report Any interested per y appear and be heard with iesped to sad arattals. CTION A The City Clerk is hereby directed to mad or cause to ilea a notice of hearing la ether with an assessment ballot conforn the pr ovrswns of Section 53753, to the property owners of the propr posed to be assessed, all in the lime, form and manner provided :from 53753, and upon completion of the mailing of the notice of heal I the assessment ballots, the City Clark is directed to file with I Cpunul an afhdavn or certificate setting. forth the manner npbanro with the requirements of Section 53753 MON 5 Upon recarpt of a returned asavaament banal. whether sonal delivery or by return mail, the City Clerk small place all s urned assessment ballots in safekeeping, with the contents of e :h returned assessment ballot to be concealed unit the public heal been completed and closed and the City Clerk is Then directed teed with public opening and tally of such ballots for the purpose Will and advising this City Council whether a majority protest Clark AND ADOPTED at a regular meeting of the City t Beach held on the 9th day of June. 2009