HomeMy WebLinkAbout11 - Assessment District 79 - Beacon Bay DevelopmentFebruary 27, 2001
CITY COUNCIL AGENDA
ITEM NO. 11
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: UNDERGROUNDING UTILITIES AND RECONSTRUCTING STREET
IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 (BEACON
BAY DEVELOPMENT)
RECOMMENDATIONS:
1. Open public hearing on the formation of Assessment District No. 79 (District).
2. Hear testimony from those who desire to speak.
3. Close the public hearing.
4. Count ballots.
5. If more "yes" votes than "no" votes have been submitted, and if it is determined to form
the district, take the following actions:
a. Adopt Resolution No. 2001 -_ approving contracts for ownership of utility
improvements.
b. Adopt Resolution No. 2001- _ declaring the results of the ballot tabulation,
confirming the Assessment, ordering the acquisition of improvements, and
approving the Assessment Engineer's Report for Assessment District No. 79
(Beacon Bay).
C. Reserve and establish public utility easements over the public areas within the
Beacon Bay development which include Cutter Road, Cape Cove, Ketch Road,
Schooner Road, Reef Cove, Yawl Road, and Beacon Bay as shown on Exhibit "B ",
and direct the City Clerk to have the Mayor execute the Grant of Easement.
Dedicate spot easements for electrical facilities to the Edison Company, as shown
on Exhibit "B ", and direct the City Clerk to have the Mayor execute the Grants of
Easements.
6. If more "no" votes than "yes" votes, abandon the proceedings.
DISCUSSION:
Proposed Assessment District No. 79 was initiated as a result of a petition signed by the
owners of over 60 percent of the assessable property.
On December 12, 2000, the City Council accepted a preliminary Engineer's Report for
proposed Assessment District No. 79, adopted a Resolution of Intention to form the District, and
set public hearing date as February 27, 2001.
SUBJECT: UNDERGROUNDING UTILITIES AND RECONSTRUCTING STREET IMPROVEMENTS IN PROPOSED
ASSESSMENT DISTRICT NO. 79 (BEACON BAY DEVELOPMENT)
Date: February 27, 2001
Page
On January 24, 2001, an informal information meeting was held at the City Council Chambers
to discuss the Proposed District.
The procedure being used is the Municipal Improvement Act of 1913. The project will be
financed by municipal bonds with a term not to exceed 20 years. Plans and specifications were
prepared by the public utilities that will own and operate the underground facilities being paid for
by the District.
The proposed district will underground all overhead electrical and telephone lines. However,
each property owner will be required to underground his or her individual house services. The
cost to convert the house services is not a part of the District and must be contracted
separately.
The total cost of the District is $1,647,727.00. Each parcel receives the same benefit from the
undergrounding of the overhead utilities and reconstructing the street improvements. The
assessments for all parcels are equal at $23,880.10.
In order for Edison and Pacific Bell to construct the underground utility district, easements are
required for the construction of the facilities. At present, there are no easements for public
utility purposes dedicated within the Beacon Bay development. The Grant of Easement for
public utility purposes is needed so that Edison and Pacific Bell can construct their facilities
within the common areas. Edison has also requested Grants of Easements for placement of
pull boxes and other facilities adjacent to the common areas. These easements are shown on
Exhibit "B ".
The location of the proposed District and overhead facilities to be removed are shown on the
attached sketch. Exhibit "C ".
Res ectfully submitted,
D n Webb
Public Works Director
By:
Richard L. offstadt, P.E.
Development Engineer
Attachments:
1. Resolution approving contracts for ownership of utility improvements
2. Resolution declaring the results of the ballot tabulation, confirming the assessment, ordering the acquisition of
improvements, and approving Engineer's Report
3. Exhibit "B" — Sketch showing locations of easements to be dedicated for public utility purposes and to Edison
4. Exhibit "C" — Sketch showing location of the proposed District
5. Engineer's Report
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING CONTRACTS FOR
OWNERSHIP OF ASSESSMENT DISTRICT NO. 79 UTILITY
IMPROVEMENTS
WHEREAS, this City Council has, pursuant to the provisions of the "Municipal
Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the
State of California, by adoption of its Resolution of Intention, declared its intention to
order the installation of certain works of improvement, together with appurtenances, in a
special assessment district designated as ASSESSMENT DISTRICT NO. 79 (Beacon
Bay) (hereinafter referred to as the "Assessment District'); and
WHEREAS, Streets and Highways Code of the State of California, at Section
10110, specifies that before ordering any improvements through the Assessment
District proceedings, which improvements are to be owned, managed or controlled by a
public agency other than the City of Newport Beach or a regulated public utility, an
agreement is required setting forth the terms and conditions of the installation,
ownership, management and financing of the improvements; and
WHEREAS, at this time, contracts have been submitted and reviewed in
compliance with Section 10110 of said Streets and Highways Code;
NOW, THEREFORE, IT IS HEREBY Determined, Resolved, and Ordered as
follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Agreements, herewith submitted, relating to the ordering and installation
of certain improvement facilities through the Assessment District that will
be under the ownership, management and control of other public
agencies or regulated public utilities, are hereby approved and
authorized for execution by the Mayor and the City Clerk. The
Agreements relate to facilities to be owned by the following listed public
agencies or regulated public utilities:
Southern California Edison
Pacific Bell
SECTION 3. Upon execution, conformed copies of said contracts shall be transmitted
to the offices of the respective public agency or utility company, together
with a copy of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the
City of Newport Beach, held on the 27th day of February, 2001, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
F:\ Users \PBW\ Shared \Resolutions\AD79 - Utility Improvements.doc
Mayor
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING THE RESULTS OF THE BALLOT TABULATION,
CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF
IMPROVEMENTS, AND APPROVING THE ASSESSMENT
ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 79
(BEACON BAY)
WHEREAS, this City Council previously adopted its Resolution of Intention
and instituted proceedings for the formation of a special assessment district designated
as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (hereinafter referred to as the
"Assessment District ") to provide for street improvements including reconstructing,
curbs, gutters, and storm drains and for the conversion of certain overhead electrical
and communication facilities to underground locations, together with appurtenances and
appurtenant work in connection therewith, pursuant to the terms and provisions of
Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ",
being Division 12 of the Streets and Highways Code of the State of California (as
modified and supplemented by the Ordinance, the "Act "); and
WHEREAS, the City of Newport Beach (the "City ") holds the right, title,
and interest in and to the area of the City know as Beacon Bay, which area is
encompassed by the Assessment District; and
WHEREAS, the City divided the entirety of the area of Beacon Bay into
lots and, pursuant to the approval of the majority of electors voting in elections held on
November 3, 1987 and November 3, 1992, the City leased the lots for residential use or
common use for periods of fifty years (which leasehold interests are herein referred to
as the "Possessory Interests "); and
WHEREAS, a report (the "Report") of the Assessment Engineer for the
Assessment District was prepared and presented to this City Council; and
WHEREAS, the Report, as preliminarily approved, contained all the
matters and items called for pursuant to the provisions of the Improvement Act and
pursuant to Article XIIID of the Constitution of the State of California ( "Article XIIID") and
the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of
the Government Code) (the "Implementation Act ") (the Improvement Act, Article XIIID
and the Implementation Act are referred to herein collectively as the "Assessment
Law "), including the following:
1. Plans and specifications of the improvements proposed to be acquired.
2. An estimate of the cost of acquisition of the improvements proposed to
be acquired.
3. A. diagram of the Assessment District identifying all Possessory
Interests that will receive a special benefit conferred upon them from
the acquisition of the improvements and upon which an assessment is
proposed to be imposed.
4. An assessment proportionate to the special benefit to be conferred
upon each Possessory Interest to be assessed.
5. A description of the works of improvement proposed to be acquired.
WHEREAS, notices of said hearing accompanied by ballot materials were
mailed in the time, form and manner required by the Assessment Law and as evidenced
by a certificate on file with the transcript of these proceedings, and at this time all ballots
submitted pursuant to the Assessment Law have been tabulated, and a full hearing has
been given, all in the manner provided by the Assessment Law; and
WHEREAS, at this time this City Council determines that the ballots
received by the City in favor of the proposed assessment and weighted as required by
the Assessment Law exceeded the ballots received in opposition to the assessment and
similarly weighted and, therefore, a majority protest does not exist; and
WHEREAS, this legislative body is now satisfied with the assessment and
all matters contained in the Assessment Engineer's Report as submitted; and
NOW, THEREFORE, the City Council of the City of Newport Beach does
hereby Determine and Resolve as follows:
RECITALS
SECTION 1. The above recitals are all true and correct.
WRITTEN PROTESTS
SECTION 2. All protests and objections of every kind and nature submitted pursuant to
the Improvement Act be, and the same hereby are, overruled and denied.
BALLOT TABULATION PURSUANT TO ARTICLE MID
SECTION 3. The ballots submitted pursuant to the Assessment Law in favor of the
assessment and weighted as required by the Assessment Law exceed
the ballots submitted in opposition to the assessment and similarly
weighted and it is therefore determined pursuant to the Assessment Law
that a majority protest does not exist.
SPECIAL BENEFITS RECEIVED
SECTION 4. Based upon the Assessment Engineer's Report and the testimony and
other evidence received at the public hearing, it is hereby determined
that:
A. All assessed Possessory Interests within the boundaries of the Assessment
District receive a special benefit from the works of improvement as proposed to
be acquired for said Assessment District.
B. The proportionate special benefit derived by each Possessory Interest proposed
to be assessed has been determined in relationship to the entirely of the cost of
the acquisition of the works of improvement;
C. No assessment is proposed to be imposed on any Possessory Interest which
exceeds the reasonable cost of the proportional special benefit to be conferred
on such Possessory Interest.
D. Only special benefits have been assessed and all property interests receiving a
special benefit are to be assessed.
PUBLIC INTEREST AND CONVENIENCE
SECTION 5. The public interest and convenience require the acquisition of the
improvements in and for the Assessment District and, therefore, it is
hereby ordered that the improvements be acquired, together with
appurtenances and appurtenant work in connection therewith, as the
same are described in the Resolution of Intention previously adopted,
and as set forth in the Assessment Engineer's Report presented and
considered at the public hearing.
ASSESSMENT ENGINEER'S REPORT
SECTION 6. The Assessment Engineer's Report, as now submitted, updated and
amended, is hereby approved and said Report shall stand as the report as
required by the Assessment Law for all future proceedings for the
Assessment District.
CONFIRMATION OF ASSESSMENT
SECTION 7. The assessments, as itemized in the Assessment Engineer's Report and
diagram, are hereby confirmed.
3
The assessments contained in the Assessment Engineer's Report are
hereby levied and approved as follows:
A. The final assessments are to represent the costs and expenses to
finance acquisition of the works of improvement, together with appurtenances and
appurtenant work in connection therewith, as authorized by these proceedings.
B. The annual assessment to pay for administrative costs in an amount
not to exceed the maximum annual assessment as set forth in the Assessment
Engineer's Report.
RECORDATION OF ASSESSMENT
SECTION 8. The City Clerk shall forthwith deliver to the Superintendent of Streets the
assessment, together with the diagram attached thereto and made a part
thereof, as confirmed, with the City Clerk's certificate of such
confirmation attached and the date thereof; and the Superintendent of
Streets shall immediately record said diagram and assessment in the
Superintendent of Streets' office in a suitable book to be kept for that
purpose and attach thereto the Superintendent of Streets' certificate of
the date of such recording.
COUNTY RECORDER NOTICE
SECTION 9. Upon confirmation of the assessments and recordation of the
assessment roll and diagram, a certified copy of the assessment
diagram shall be filed as soon as practicable in the Office of the County
Recorder. Thereafter, a copy of the notice of assessment shall be
recorded in the Office of the County Recorder in the time, manner and
form prescribed by law including, specifically, Section 3114 of the
Streets and Highways Code of the State of California.
MAILED NOTICE
SECTION 10. Upon recordation of the diagram and assessment, a notice shall be
mailed to each owner of property assessed within the Assessment
District at the owner's last known address, as said address appears on
the last equalized tax rolls of the County. The notice shall include a
statement containing a designation of the property assessed, the amount
of the confirmed assessment, and a statement that bonds will be issued
pursuant to the "Improvement Bond Act of 1915 ".
PUBLICATION
SECTION 11. Notice shall also be given by publication in the designated legal
newspaper, said notice setting forth the amount of the final assessment
0
and indicating that said assessment is now due and payable, and further
indicating that if said assessment is not paid within the allowed thirty (30)
day cash collection period, bonds shall be issued as authorized by law.
ASSESSMENT COLLECTION
SECTION 12. The County Auditor is hereby authorized and directed, in accordance
with the provisions of Section 8682 of the Streets and Highways Code
of the State of California, to enter into the county Auditor's assessment
roll on which property taxes will next become due, opposite each
property interest affected, in a space marked "public improvement
assessment' or by other suitable designation, the next and several
installments of such assessment coming due during the ensuing fiscal
year covered by the assessment roll and that said entry then shall be
made each year during the life of the bonds for the proceedings for the
above - referenced Assessment District. This authorization is continual
until all assessment obligations have been discharged and the bonds
terminated.
As an alternate, and when determined to be in the best interests for bondholders of the
Assessment District, this legislative body may, by Resolution, designate an official other
than the County Tax Collector or other agent, to collect and maintain records of the
collection of the assessments, including a procedure other than the normal property tax
collection procedure.
In accordance with the provisions of Section 8685 of the Streets and Highways Code, if
any property interest affected by any assessment is not separately assessed on the tax
roll so that the installment of the assessment to be collected can be conveniently
entered thereon, then the County Auditor shall enter on the roll a description of the
property interest affected, with the name of the owners, if known, but otherwise the
owners may be described as "unknown owners," and enter the proper installment
opposite the same.
ASSESSMENT VERIFICATION STATEMENT
SECTION 13. The County Auditor is directed, within 90 days after any special
assessment installment becomes delinquent, to render and submit a
detailed report showing the amounts of the installments, interest,
penalties and percentages so collected, for the preceding term and
installment date, and from what property collected, and further identify
any properties which are delinquent and the amount and length of time
for said delinquency, and further set forth a statement of percentages
retained for the expenses of making such collections. This direction is
specifically made pursuant to the authorization of Section 8683 of the
Streets and Highways Code of the State of California.
5
ASSESSMENT DISTRICT FUNDS
SECTION 14. The Treasurer is hereby authorized at this time, if not previously done,
to establish the following funds as necessary for the payment of costs
and expenses and administration of the proceedings for this
Assessment District:
A. Improvement Fund: All monies received from cash collections, proceeds
from the sale of bonds, and applicable contributions shall be placed into
the Improvement Fund.
B. Reserve Fund: All monies as designated to assist in the payment of
delinquencies shall be placed into the Reserve Fund.
C. Redemption Fund: All monies received from the payment of assessments
shall be placed in the Redemption Fund.
For particulars as to the administration and handling of the funds, the specific terms and
conditions shall be set forth in a Bond Indenture to be approved by the subsequent
adoption of a Resolution Authorizing the Issuance of Bonds.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the
City of Newport Beach, held on the 27th day of February, 2001, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
F:\ Users \PBW \Shared \ResolUtlons\AD79 - Ballot Tabulation.doc
11
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CITY OF NEWPORT BEACH
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79
(BEACON BAY)
MAYOR
Gary Adams
MAYOR PRO TEM
Tod Ridgeway
COUNCIL
Steve Bromberg —Gary Proctor —Norma Glover
Dennis O Neil —John Heffernan
Homer Bludau
Don Webb
Robert Burnham
LaVonne Harkless
Dennis Danner
City Manager
Superintendent of Streets
City Attorney
City Clerk
City Treasurer
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
TABLE OF CONTENTS
Page
GENERAL DESCRIPTION OF THE DISTRICT ................................ ..............................1
DESCRIPTION OF WORK ................................................................ ..............................1
BONDS.............................................................................................. ..............................1
EXHIBIT A
PLANS AND SPECIFICATIONS
EXHIBIT B
COST ESTIMATE
EXHIBIT C
FACILITIES LOCATION MAP
EXHIBIT D
ASSESSMENT ROLL
EXHIBIT E
METHOD OF ASSESSMENT
EXHIBIT F
ASSESSMENT DIAGRAM
EXHIBIT G
MAXIMUM ANNUAL ADMINISTRATIVE COST ADD -ON
EXHIBIT H
RIGHT -OF -WAY CERTIFICATION
EXHIBIT I
ENVIRONMENTAL PROCEEDINGS CERTIFICATION
ORepon 200118ea" Bey ER.RMI TlMAW
Willdan i City of Newport Beach
CERTIFICATIONS
I, LaVonne Harkless, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was filed in my office on the _ day of
,200—.
City Clerk
City of Newport Beach
State of California
I, LaVonne Harkless, as City Clerk, do hereby certify that the foregoing assessment,
together with the assessment diagram attached thereto, was approved and confirmed by
the City Council of said City on the _ day of 200_
City Clerk
City of Newport Beach
State of California
I, Donald Webb, as Superintendent of Streets of said City, do hereby certify that the
foregoing assessment, together with the diagram attached thereto, was recorded in my
office on the _ day of 200—.
Superintendent of Streets
City of Newport Beach
State of California
Willdan ii City of Newport Beach
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
Willdan, Engineer of Work for the City of Newport Beach Assessment District No. 79
(Beacon Bay) (hereinafter referred to as the "District ") makes this report, as directed bythe
City Council of the City of Newport Beach (hereinafter referred to as the "City ") in
accordance with the Resolution of Intention, Resolution No. 2001 -105, and pursuant to the
"Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", which is
Division 4 of the Streets and Highways Code of the State of California, the "Municipal
Improvement Act of 1913 ", which is Division 12 of the Streets and Highways Code of the
State of California, and Article XIIID of the Constitution of the State of California.
The improvements, which are the subject of this report, are briefly described as follows:
GENERAL DESCRIPTION OF THE DISTRICT
The District improvements are to benefit a contiguous area in the City known as the
Community of Beacon Bay located between Pacific Coast Highway and the Balboa Island
Channel. The District consists of sixty-nine residential leasehold parcels and three
recreational parcels owned by the City.
DESCRIPTION OF WORK
The improvements proposed for this District consist of the construction and /or acquisition
of street, storm drain, and underground utility improvements along Beacon Bay Drive,
Cutter Road, Ketch Road, Schooner Road, and Yawl Road located within the Community
of Beacon Bay in the City of Newport Beach. Street improvements primarily include
construction of curb and gutter, street resurfacing, and speed bump reconstruction. Storm
drain improvements primarily include installation of drainage catch basins and installation
of storm drains. Undergrounding of utilities primarily include the undergrounding of existing
overhead telephone and electrical lines and the upgrading of existing street lighting
facilities within the District togetherwith appurtenances and appurtenant work. The details
of the District improvements are included in this report as Exhibit A - Plans and
Specifications, and as Exhibit B - Cost Estimates.
BONDS
Bonds representing unpaid assessments, and bearing interest at a rate not -to- exceed
twelve- percent (12- percent) per annum, shall be issued in the manner provided by the
Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last
installment of the bonds shall mature not -to- exceed thirty -nine (39) years from the second
day of September next succeeding twelve (12) months from their date.
Willdan 1 City of Newport Beach
This report includes the following attached exhibits:
EXHIBIT A— Plans and Specifications. Plans and specifications for improvements to be
constructed. Plans and specifications are a part of this report, separately bound, and are
available for review at the Office of the City Clerk.
EXHIBIT B — Cost Estimate. An estimate of the cost of the improvement.
EXHIBIT C — Facilities Location Map. A diagram illustrating the general location of the
proposed District facilities.
EXHIBIT D — Assessment Roll. An assessment roll showing the amount to be assessed
against each parcel of real property within the District. Each parcel is described by
Assessors Parcel Number or other designation. Each parcel is also assigned an
"assessment number" for the purposes of this proceeding.
EXHIBIT E — Method of Assessment. A statement of the method by which the
Assessment Engineer determined the amount to be assessed against each parcel in the
District based on special benefits derived by each parcel, receptively, from the District
improvements.
EXHIBIT F — Assessment Diagram. An assessment diagram showing all of the parcels
of real property within the District. The diagram is keyed to Exhibit D by assessment
number.
EXHIBIT G — Maximum Annual Administrative Cost Add -on. A proposed maximum
annual assessment per parcel for costs and expenses for administering the District.
EXHIBIT H — Right -of -Way Certification. Certification that the City has secured the
easements and right -of -way necessary to complete the improvements.
EXHIBIT I — Environmental Proceedings Certification. Certification that the
improvements are exempt from provisions of the California Environmental Quality Act
and that a Notice of Exemption has been filed.
Date February 9, 2001
NO.
30514
EXP. 3 -31
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,111174 FNG1N
LTIVOWITTNT
By V C�_ J. cis. 6<t �ti`k
David L. Hunt, P.E.
Engineer of Work
Willdan z City of Newport Beac
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT A — PLANS AND SPECIFICATIONS
The plans and specifications for the improvements forthis District are voluminous and will
not be bound in this Report, but by this reference, are incorporated as if attached to this
Report. The plans and specifications are on file in the office of the City Engineer /Director
of Public Works of the City of Newport Beach. The plans and specifications for this District
consist of street, storm drain, and underground utilities improvements.
Willdan Exhibit A - 1 City of Newport Beach
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT B - COST ESTIMATE
Preliminary Confirmed
Description Amount Amount
CONSTRUCTION ,COSTS .... : ;... ..,
Street Improvements and Appurt enances
Storm Drain Improvements and Appurtenances
Undergrounding Utilities Improvements
Underground Electrical
Underground Telephone
Subtotal Undergrounding Utilities Improvements
$284,209 $284,209
$159,240 $159,240
$463,755 $463,755
$270,529 $270,529
$734,284 $734,284
PROJECT INCIDENTAL COS_ TS
Mobilization $15,000 $15,000
Engineering Costs (Design, Survey, Soils) $75,000 $75,000
Subtotal Construction and Project Incidental Costs $1,267,733 $1,267,733
12% Contingency $152,128 $152,128
Total Construction Costs: $1,419,861 $1,419,861
GENERAL INCIDENTAL COSTS
Assessment Engineer & Other Engineering Costs $6,333
City Administration $1,000
Printing, Advertising and Notes $500
Contingency (10 %) $783
Total General Incidental Costs $8,616
,BOND ISSUANCE,COSTS -:
Bond Council
Bond and Official Statement Printing
Bond Registrar and Paying Agent
Bond Discount (2.0 %)
Bond Reserve (5.0 %)
Capitalized Interest (4.0%)
Total Bond
$25,000
$12,000
$1,000
$32,955
$82,386
$65,909
Issuance Costs $219,250
$6,333
$1,000
$500
$783
$8,616
$25,000
$12,000
$1,000
$32,955
$82,386
$65,909
$219,250
TOTAL ESTIMATED COSTS $1,647,727 $1,647,727
Cost per Unit (based on 69 SFR units) $23,880.10 $23,880.10
Willdan Exhibit B -1 City of Newport Beach
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT C — FACILITIES LOCATION MAP
The following is a diagram illustrating the general location of the proposed District facilities.
Willdan Exhibit C - 1 City of Newport Beach
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FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT D —ASSESSMENT ROLL
An assessment of the total amount of the costs and expenses of the improvements upon
the subdivisions of land within the District in proportion to the estimated special benefit to
be received by the subdivisions from the improvements, is set forth upon the following
Assessment Roll filed with and made part of this Report.
The Assessment Roll lists the assessor's parcel numbers within this District by assessment
number. The assessment numbers appearing on the Assessment Roll correspond with the
subdivisions and parcels of land and their numbers shown on the Assessment Diagram
(Exhibit F).
Willdan Exhibit D - 1 City of Newport Beach
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FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT E — METHOD OF ASSESSMENT
Background
The law requires that assessments levied pursuant to the Municipal Improvement Act of
1913 must be based on the direct benefit properties received from the Works of Improve-
ment. The statute does not specify the method or formula that should be used to apportion
the assessments in special Assessment District proceedings.
The responsibility rests with the Assessment Engineer who is appointed for the purpose of
analyzing the facts and determining the apportionment (spread) of the assessment
obligation. For these proceedings, the City has retained the firm of Willdan.
The Assessment Engineer makes his recommendation at the public hearing on the
Assessment District, and the final authority and action rest with the City after hearing all
testimony and evidence presented at the public hearing. Upon conclusion of the public
hearing, the City must make the final action in determining whether or not the assessment
spread has been made in direct proportion to the benefits received.
It is necessary to identify the benefit that the Works of Improvement will render to the
properties within the Assessment District. It is also necessary that the properties receive a
special and direct benefit as distinguished from benefit to the general public.
Since the residential leasehold parcels within the District are subject to a land lease with
the City for a term of fifty years, the approximate useful life of the improvements, the
special benefit is deemed to be received entirely by the residential leasehold parcels within
the District.
Benefit
General Benefit
The District is a residential community with ingress /egress limited to the intersection of
Harbor Island Road and Beacon Bay. All streets within the District are local public streets
serving only the residents of the District. Therefore, the District improvements provide no
general benefit to the public at large.
Special Benefit
The improvements to the District include street and storm drain improvements and the
undergrounding of existing telephone and electrical utilities. All residential leasehold
parcels within the District receive direct and special benefit from the District improvements.
The three recreational parcels owned by the City receive no direct and special benefit from
Willdan Exhibit E -1 City of Newport Beach
the District improvements. Furthermore, since the flow of storm water along the entrance
of Beacon Bay and Cutter Road is being directed away from the residential leasehold
parcels and toward the recreational parcels, flooding within the recreational parcels could
be worsened should the catch basins improvements become obstructed. As such, the
residential leasehold property owners are allocated 100% of the direct and special benefit
from the District improvements. The special benefit received by each improvement will be
discussed separately.
Street and Storm Drain Improvements
The street and storm drain improvements to be constructed along Beacon Bay, Cutter
Road, Ketch Road, Schooner Road and Yale Road will provide a direct and special benefit
to all residential leasehold properties within the District by improving drainage flow away
from the properties and reduce ponding of storm water in the streets. This will provide
safer streets, better aesthetics and improve ingress /egress into the residential leasehold
properties within the District.
Undergroundina of Utilities
The undergrounding of utilities provide a direct and special benefit to all residential
leasehold properties within the District even though there may not be a particular
improvement immediately adjacent to a particular parcel. All residential leasehold parcels
within the District will benefit from the undergrounding of existing overhead utility poles and
lines. The District is composed of narrow, grade level residential streets. Existing
overhead utility poles and lines within the streets affect neighborhood streetscapes and the
aesthetic quality of the District. Overhead utility poles and lines cause disruption to views
for certain residential structures within the District. The removal of overhead utility poles
and lines will increase the safety of streets and neighborhood by removing potentially
hazardous conditions in the event of a natural disaster. The improvements consist of the
removing of physical and visual impediments thus aesthetically enhancing the nature of the
District. Based on the uniform configuration of the streets and the relatively standard
spacing of the existing overhead utility poles and lines, all residential leasehold parcels
within the District will benefit the same from the undergrounding of existing overhead poles
and lines.
The District Improvements render a direct and special benefit to the residential leasehold
parcels located within the District and the levy of a special assessment for the
improvements is appropriate.
Method of Assessment
A review of the District parcels and parcel configurations, as provided by the County
Assessor and the City, was made in connection with determining the method of
assessment for the District. The District is comprised of sixty-nine single - family residential
leasehold parcels and three recreational /homeowners association parcels.
The single - family residential structures are all located at street level and are all relatively
the same lot size and configuration. All such parcels within the District receive an equal
Willdan Exhibit E -2 City of Newport Beach
benefit from the District improvements and will be assessed equally. The
recreational /homeowner's parcels, as discussed under Special Benefit above, receive little
or no special benefit from the District improvements and will not be assessed for the
District improvements.
The following are the two (2) basic types of parcels within the District:
Units Assigned
SFR - Single- family residential leasehold parcels 1.0
COM - Common area or recreational use parcels 0
Assessment Calculation
The assessment levy to each SFR parcel will be calculated by dividing total District
improvement costs plus financing costs by the total SFR units: The cost of the District
improvements plus financing costs is estimated to be $1,647,727.
Individual Assessments
The individual assessments are tabulated for each Assessors Parcel Number, as shown
on Exhibit D - Assessment Roll, which is on file with the City Clerk of Newport Beach.
In conclusion, it is my opinion that the assessments for Underground Utility Assessment
District No. 79 (Beacon Bay) are allocated in accordance with the benefits which the land
received from the Works of Improvement.
Date February 9. 2001
D L.F
N0.
30514
EXP. 3 -31 -04
W ILLDAN
By O-J 4
David L. Hunt, P.E.
Engineer of Work
Willdan Exhibit E - 3 City of Newport Beach
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT F— ASSESSMENT DIAGRAM
The Assessment Diagram in a reduced -scale format is as follows.
Willdan Exhibit F - 1 City of Newport Beach
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FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT G — MAXIMUM ANNUAL ADMINISTRATIVE COST ADD-ON
In addition to or as a part of the assessment lien levied against each parcel of land within
the District, each parcel of land shall also be subject to an annual administrative cost add -
on to pay costs incurred by the City and not otherwise reimbursed which results from the
administration and collection of assessments or from the administration or registration of
any bonds and /or reserve or other related funds. The maximum total amount of such
annual administrative cost add-on for the entire Assessment District will not exceed 5% of
the annual debt service on the bonds, subject to an increase annually by the positive
change, if any, in the consumer price index for the Los Angeles area. Each assessed
parcel's share of the administrative cost add -on shall be computed by dividing the total
annual administrative cost by the total number of assessed parcels.
Willdan Exhibit G - 1 City of Newport Beach
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT H — RIGHT -OF -WAY CERTIFICATION
The following is a certification that the City has secured the easements and right -of -way
necessary to complete the improvements.
Willdan Exhibit H -1 City of Newport Beach
CITY OF NEWPORT BEACH
ASSESSMENT DISTRICT NO 79
(Beacon Bay)
RIGHT -OF -WAY CERTIFICATE
CITY OF NEWPORT BEACH
COUNTY OF ORANGE
STATE OF CALIFORNIA
The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is
true and correct.
At all times herein mentioned, the undersigned was, and now is, the duly appointed
SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA.
That there have now been instituted proceedings under the provisions of the "Municipal
Improvement Act of 1913," being Division 12 of Streets and Highways Code of the State of
California, for the construction of certain public improvements in a special assessment
district known and designated as ASSESSMENT DISTRICT NO. 79 (Beacon Bay)
(hereinafter referred to as the "Assessment District ").
THE UNDERSIGNED STATES AND CERTIFIED AS FOLLOWS:
That all easements, right -of -way, or land necessary for the accomplishment of the works of
improvement for the above - referenced Assessment District have been obtained and are in
the possession of the City.
It is further acknowledged that works of improvement as proposed to be constructed within
said Assessment District must be constructed within public right -of -way, land, or
easements as owned by said City at the time of the construction of the works of
improvements.
EXECUTED this /,Z Tu day of 20 00 , at Newport Beach, California
SUPERINTENDENYtW STREETS
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
FINAL ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 79 (BEACON BAY)
CITY OF NEWPORT BEACH
EXHIBIT I — ENVIRONMENTAL PROCEEDINGS CERTIFICATION
The following is a certification that the improvements are exempt from provisions of the
California Environmental Quality Act and that a Notice of Exemption has been filed.
Willdan Exhibit I - 1 City of Newport Beach
CITY OF NEWPORT BEACH
ASSESSMENT DISTRICT NO 79
(Beacon Bay)
CERTIFICATION OF COMPLETION OF ENVIRONMENTAL PROCEEDINGS
CITY OF NEWPORT BEACH
COUNTY OF ORANGE
STATE OF CALIFORNIA
The undersigned, under penalty of perjury, CERTIFIES as follows:
The improvements to be constructed under the proceedings in Assessment District
No. 79 are categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) under the provisions of Paragraph 15302, Class 2 (d) of
"Guidelines for Implementation of the California Environmental Quality Act," as
adopted by the Secretary for Resources of the State of California, June 1992.
2. The undergrounding to be done under Assessment District No. 79 is categorically
exempt from the requirement for the preparation of environmental documents under
the California Environmental Quality Act guidelines because the Secretary of
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 the undergrounding, does not have a significant effect on the environment,
and are declared to be categorically exempt.
3. A Notice of Exemption has been filed in the office of the County Clerk of Orange
County, California. A copy of the Notice of Exemption is attached.
4. All environmental evaluation proceedings necessary for the formation of
Assessment District No. 79 have been completed to my satisfaction, and no further
environmental proceedings are necessary.
EXECUTED this /�2-A, day of ZleQ _„A� , 20.JZ, at Newport Beach, California
PATRICIA L. TEMPLE
PLANNING DIRECTOR
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
i
C --rY OF NEWPORT BEA "R
POSTED3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
MAR 2 3 2000 (714) 644-3311
GARY L. GRI�jV� LE, Clerk-Recorder NOTICE OF EXEMPTION
0.
FILED
MAR 2 2000
OWL. ctm Reeder
e DEPUTY
To:
From: City of Newport Beach
❑ Office of Planning and Research
1400 Tenth Street, Room 121
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Sacramento, CA 95814
Newport Beach, CA 92658 -8915
(Orange County)
County Clerk, County of Orange
X Public Services Division
❑
P.O. Box 238
Date received for filing at OPR:
Santa Ana, CA 92702
Name of Project: Assessment District No. 79.
Project Location: Beacon Bay, Newport Beach
Specific: Area southerly of Harbor Island Dr. and Easterly of Harbor Island
Rd.
Project Location -City: Newport Beach Project Location- County: Orange
Project Description: The project consists of an assessment district to underground overhead utilities
and reconstruction of streets, lighting and drainage system within the
development. Recorded in the County of orange, cantor
Gard� L Granville, Clerk /Recorder
No Fee
Exempt Status: (check one) 20008500308 9:17AM 03/23
• Ministerial (Sec. 21080(b)(1); 15268); 004 00185195 170 52
• Declared Emergency (Sec. 21080(b)(3); 15269(a)); 000 00 0 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00
• Emer g enc y Pro j ect ( Sec. 21080 (b)(4 ) ; 15269(b) c); a , T, 0C • aaa
e Categorical Exemption. State type and section number. Class 2: Replacement and reconstruction
❑ 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 electrical
Utility distribution system facilities to underground locations and reconstruction of existing street, lighting and storm
drain facilities where the surface is restored to the condition prior to andergroanding do 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: Newport Beach Public Works Department
Contact Person ickeHoffstadt Title: Development Engineer
Signature: Tel.No. (949) 644 -3324 Date:
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