Loading...
HomeMy WebLinkAbout16 - Underground Assessment District No. 750 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 February 24, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parciniega@city.newport-beach.ca.us SUBJECT: UNDERGROUND ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT) —STATUS REPORT RECOMMENDATION: Proceed with placing Assessment District No. 75 Balboa Business District on the Council Agenda for Resolution of Intention for March 9, 2004 meeting. DISCUSSION: • On January 27, 2004 a Public Hearing was held for AD — 75 Balboa Business District Underground Utilities Assessment District. The result of the ballot was a majority protest with 66 ballots being turned in by the end of the Public Hearing, with 54% voting against the district, and 46% voting for the district. Since that ballot, we have received information that several property and business owners have reconsidered and that the district may be supported if the vote could be retaken. In response to this information, the City requested that Bond Counsel, Bob Hessell, investigate how the City may proceed. Mr. Hessell's response letter (see attached) states that the City may proceed with bringing the matter to Public Hearing again per the Proposition 218 Omnibus Implementation Act. As a result of this Act, the City may proceed without delay to impose assessments for proposed Assessment District No. 75. The renewed proceedings require that a new Resolution of Intention be adopted, followed by the 45 day notice, protest, and hearing requirements established by the Implementation Act. The quickest timetable to bring AD — 75 to Public Hearing would require adoption of a Resolution of Intention at the March 9, 2004 City Council Meeting, with Public Hearing notices mailed out by Friday, March 12, 2004 for a Public Hearing scheduled for April 13, 2004. However, that schedule could be affected by the need to revise the Engineer's Report due to revised cost estimates. SUBJECT: Underground Assessment District No. 75 (Balboa Business District) —Status Report February 24, 2004 Page 2 In general, a Preliminary Engineers Report is presented to Council when adopting a • Resolution of Intention to begin Assessment District Hearing proceedings. The utility companies provide the City with Final Cost of Improvements and Underground Utility Agreements that are valid for a period of 180 days. The Final Costs from Southern California Edison for AD — 75 were received on November 18, 2003 and are valid until May 18, 2004. The Final Cost from SBC was received on October 3, 2003 and is valid until April 3, 2004. Even under the best of circumstances, the quote from SBC will need a time extension (keeping the existing quote) or need cost revisions. If a time extension is approved, the existing Final Costs from the Utilities Companies can be reconfirmed and the existing Final Engineer's Report can be utilized 'as is'. If the time extension is not approved and SBC revises their costs, then the Engineers Report will need to be revised and the schedule of the new hearing will need to be revised. However, the actual date of the hearing would not affect the starting date of a successful assessment district as the work would not be permitted to start until after Labor Day. Staff will make every effort to encourage the most expeditious process to minimize any delay to the proposed schedule. Environmental Review: This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption under Section 15302, item "d" of the Implementing Guidelines as follows: "Conversion of overhead electric utility distribution system facilities to • underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding." Prepared by: PqWk Arciy ga Associate Engineer Submitted by: geG. Badum Works Director Attachment — Letter from Bob Hessell dated February 10, 2004 • Law Office of Robert E. Hessell • 12707 HIGH STAFF Dluvr-., SLZTE 200, SAN DnEGo, CA 92130 PH: (858) 350 -4288 FAX: (858) 350 -4289 hessell @cabondlaw.mm February 10, 2004 Stephen G. Badum P.E. Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92568 Re: Assessment district majority protests — prior prohibition to further proceedings Dear Mr. Badum: On January 27, 2004, after a pubic hearing on the matter, property owner ballots were tabulated on the question of authorizing the imposition of assessments for proposed Assessment District No. 75. The ballots submitted in opposition to the assessments exceeded the ballots submitted in flavor of the assessments. As a consequence, there was a majority protest and the assessments may not be imposed. You now ask whether the City is precluded from renewing the proceedings for Assessment District No. 75 for a period of one year (or some other period) or whether the City may again seek authorization to impose the assessments without delay. • The short answer is that the City may proceed without delay if it chooses to again present the matter to property owners. Discussion: Assessment district proceedings are typically conducted under two acts: the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with section 2800 of the Streets and Highways Code) and the Municipal Improvement Act of 1913 (commencing with section 10000 of the Streets and Highways Code). Prior to the adoption of the Proposition 218 Omnibus Implementation Act, the notice, protest and hearing requirements of the 1913 Act and the 1931 Act were followed. The notice, protest and hearing requirements of the 1913 Act and the 1931 Act are substantially similar and were usually complied with through a joint proceeding. In general, the 1913 Act and the 1931 Act required mailed notice of the proposed assessment and a public hearing. The required notice also informed owners of property subject to the proposed assessment that they had a right to file a written protest against the improvements or assessments. In pertinent part the 1913 Act and the 1931 Act read as follows: 1931 Act, Section 2930: [IfJ ... a written protest filed with the clerk of the legislative body by the owners ... of a majority of the frontage of the property fronting on the acquisition or improvement in those cases where the cost in whole or part of the acquisition or improvement is to be assessed upon the property fronting on the • acquisition or improvement, or by the owners of more than one -half of the area of the property to be, assessed for the acquisition or improvement Stephen G. Badum, P.E. • Page 2, February 10, 2004 in those cases where the cost in whole or part of the acquisition or improvement is to be assessed upon the property within a district, and protests are not withdrawn so as to reduce the same to less than a majority, then the proposed proceedings shall be forthwith abandoned, and the legislative body shall not for one year from the filing of that written protest commence or carry on any proceedings for the same improvement or acquisition.... [emphasis added]. 1913 Act, Section 10310 Protests; filing; presentation: After the legislative body passes on the report pursuant to Section 10301, any interested person may object to the proposed improvement, the extent of the assessment district, or to the proposed assessment by filing a written protest with the clerk of the legislative body at or before the time set for the hearing.... 1913 Act, Section 10311 Majority protest; overruling protest; modification or confirmation of proposed assessment: If the protest is against the proposed improvement and the legislative body finds that the protest is made by the owners of more than one - half of the area of the land to be assessed for the improvements, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be taken for a period of one year from the date of the decision of the legislative body on the hearing, unless the protests are overruled by an affirmative vote of four - fifths of the members of the legislative body finding that the public health and • safety require that the improvements be made.... [emphasis added]. If a majority protest to the improvements was determined to exist, by the terms of the above quoted acts, the proceedings were to be terminated and no further proceedings were permitted for a period of one year.' Proposition 218 altered the conduct of assessment district proceedings. Among other things, Proposition 218 established new notice, hearing, and protest requirements with respect to any new or increased assessment regardless of the principal act being used to authorize the new or increased assessment. With the adoption of Proposition 218, a question arose as to whether or not the notice, hearing, and protest provisions of the 1913 Act and the 1931 Act remained applicable and were to be followed at the same time as the notice, hearing, and protest provisions of Proposition 218. To clarify matters, the Proposition 218 Omnibus Implementation Act was adopted. The Implementation Act answered the question pertinent to this discussion as follows: ' Both the 1913 Act and the 1931 Act allowed the legislative body to overcome the one -year limitation period. Section 2931 of the 1931 Act states:. .. Nothing in this act contained shall prohibit the legislative body, within said one -year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement or the acquiring of a portion of the acquisition so protested against if it finds, by the affirmative vote of four -fifths of its members, that the owners of a majority of the property within the area of the assessment district to be established under said new proceedings are in favor of going forward with said portion of the improvement or . acquisition. • Stephen G. Badum, P.E. Page 3, February 10, 2004 53753 (a): The notice, protest, and hearing requirements imposed by this section supersede any statutory provisions applicable to the levy of a new or increased assessment that is in existence on the effective date of this section, whether or not that provision is in conflict with this article. Any agency that complies with the notice, protest, and hearing requirements of this section shall not be required to comply with any other statutory notice, protest, and hearing requirements that would otherwise be applicable to the levy of a new or increased assessment, with the exception of Division 4.5(commencing with Section 3100) of the Streets and Highways Code. If the requirements of that division apply to the levy of a new or increased assessment, the levying agency shall comply with the notice, protest, and hearing requirements imposed by this section as well as with the requirements of that division. The Implementation Act applies to all assessment district proceedings; it is not limited to those under either the 1913 Act or the 1931 Act. By its terms, the Implementation Act supersedes all other notice, hearing and protest requirements in existence on the effective date of the statute. Following the requirements of Proposition 218, the Implementation Act calls for a ballot protest procedure. Specifically, section 53753 of the Implementation Act further states: (b) Prior to levying a new or increased assessment, ... an agency shall give notice by mail to the record owner of each identified parcel.... Each notice shall also include, in a • conspicuous place thereon, a summary of the procedures for the completion, return, and tabulation of the assessment ballots required pursuant to subdivision (c), including a statement that the assessment shall not be imposed if the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, with ballots weighted according to the proportional financial obligation of the affected property. An agency shall give notice by mail at least 45 days prior to the date of the public hearing upon the proposed assessment.... (c) Each notice given pursuant to subdivision (b) shall contain an assessment ballot. . . (d). . . (2) A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in its favor, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted [emphasis added]. (3) If there is a majority protest against the imposition of a new assessment, or the extension of an existing assessment, or an increase in an existing assessment, the agency shall not impose, extend, or increase the assessment.... The ballot protest procedure under the Implementation Act is significantly different than the majority protest procedures under the 1913 Act and the 1931 Act. Neither the 1913 Act nor the 1931 Act requires that a ballot be delivered to each property owner. Instead, those acts • simply require notice to the owners that they may submit a written protest. More importantly, a majority protest is determined under the 1913 Act only when the protest is made by the owners k Stephen G. Badum, P.E. Page 4, February 10, 2004 of more than one -half of the area of the land to be assessed for the improvements. Similarly, under the 1931 Act, a majority protest exists only when written protests are filed by owners owning more than one -half of the property fronting on the acquisition or improvement or more than one -half of the area of the property to be assessed for the acquisition or improvement, whichever is applicable. However, under the Implementation Act, a majority protest is determined by a ballot procedure and the assessment ballots are weighted by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. Front footage and area of land assessed are not considered.2 In addition, the notion of "majority" differs considerably between the Implementation Act and the 1913 Act and the 1931 Act. Under the 1913 Act and the 1931 Act a majority protest requires written protests from owners of more than half of the front footage or the land assessed. Under the Implementation Act a majority is determined based on the amount of weighted ballots actually received. A majority protest exists when the weighted ballots in opposition to the proposed assessment exceed the weighted ballots submitted in its favor. Thus, while the 1913 and 1931 Acts require at least a fifty percent protest, the Implementation Act may have a majority protest based on a single ballot irrespective of front footage or parcel size (e.g. a majority protest exists when only one ballot is returned and the ballot is in opposition). 40 Although not a controlling factor, the notice, hearing, and protest requirements of the • Implementation Act are, as discussed above, inconsistent with those of the 1913 Act and the 1931 Act. In any case, the notice, hearing, and protest requirements of the Implementation Act supersede those of the 1913 Act and the 1931 Act. The provisions found in the 1913 and 1931 Acts that prohibit any further proceedings for a period of one year following a majority protest are part of the protest requirements of those acts. Accordingly, the one -year prohibition period is also superseded. The Implementation Act does not contain a similar restriction. One may pose the argument that notwithstanding its connection to the superseded protest provisions of the 1913 Act and the 1931 Act, the one -year limitation should stand -alone and be applicable whenever there is a majority protest under the Implementation Act. The argument, however, lacks merit. First, as noted, the prohibition period results from and is part of the protest provisions of the 1913 Act and the 1931 Act. As such it is superseded whether or not it is inconsistent with the Implementation Act. Second, a majority protest under the Implementation Act may be, but more likely is not, equivalent to a majority protest under the 1913 Act and the 1931 Act. There often would be no way to determine that a majority protest under the 1913 Act and the 1931 Act existed from the results of a ballot procedure. Nothing in the 1913 Act and the 1931 Act or the Implementation Act suggests that the criteria for imposing the prohibition period should be changed. Third, the Implementation Act does not prohibit renewed proceedings after a Assessments in some instances may be based entirely on front footage or parcel size. In those instances, a correlation may exist between the weighted ballot and the front footage or parcel size. Nonetheless, the • Implementation Act does not take into consideration front footage or parcel size. Moreover, the Act does not suggest that one should analyze ballots to determine if a correlation may be possible in some instances. Stephen G. Badum, RE, Page 5, February 10, 2004 • maiority protest_ The Implementation Act is not limited to proceedings brought under the 1913 Act and the 1931 Act; the statute applies to all assessment proceedings in a uniform manner. In the absence of a statute that prohibits further proceedings to impose the assessments for proposed Assessment District No. 75, the City may proceed without delay. In general, renewed proceedings would begin with a new resolution of intent followed by the notice, protest, and hearing requirements established by the Implementation Act. Should you have any further question or comment regarding the matters discussed in this opinion, please do not hesitate to contact me. Respectfully submitted, Robert E. Hessell • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 March 9, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parcineiga @city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 75 - BALBOA BUSINESS DISTRICT (AREA BOUNDED BY OCEANFRONT BOULEVARD, ADAMS STREET, EDGEWATER PLACE, AND 'A' STREET) FOR UNDERGROUNDING UTILITIES RECOMMENDATIONS: 1. Adopt the following Resolutions for Proposed Assessment District No. 75: a. Resolution No. 2004- _ declaring intention to order the construction of certain improvements in proposed Assessment District No. 75; declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district. b. Resolution No. 2004- ` giving preliminary approval to the Report of the assessment engineer, setting the time and place for a public hearing as April 27, 2004; and ordering the intention of assessment ballot procedure for Assessment Distict No. 75. HISTORY: On January 23, 2001 City Council authorized $54,800.00 for the design of underground utility plans and a Professional Services Agreement with GFB Friedrich & Associates for assessment engineering services for proposed Assessment District No. 75. This action was recommended by staff prior to formally receiving petitions from property owners representing 60 percent of the land area, normally requested by City Council. At that time, authorization was recommended prior to receiving petitions so that the Utility Underground District could be processed concurrently with the Balboa Village redevelopment project. Petitions have not been submitted, nor does staff feel they are likely to be submitted, their absence does not legally affect the formation of this District. A Public Hearing was previously held for this District on January 27, 2004. The district failed at this time with a vote of 45.98% for the district and 54.02% against. SUBJECT: Proposed Assessment District No. 75 (Balboa Business District) for Undergrounding Utilities March 9, 2004 Page 2 Due to the amount of public interest in seeing this district move forward, including from w property owners who voted against the district on January 27, 2004, this project is being recommended again for adoption of a Resolution of Intention to set another Public Hearing date and ordering the intention of assessment ballot procedure to form this district. There is no legal restriction to prevent bringing this matter to a Public Hearing again. The Proposition 218 Omnibus Implementation Act, which supercedes the hearing, noticing and ballot requirements of the 1913 and 1931 Acts, does not contain a one -year prohibition period. DISCUSSION: Proposed Assessment District No. 75 is being formed 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 procedure being used to create the Assessment District is outlined in the Municipal Improvement Act of 1913. Bonds issued under the Improvement Bond Act of 1915, with a term of 15 years, will be issued to finance assessments that are not paid in cash within 30 days after confirmation of the assessment. The total assessment for Proposed Assessment District No. 75 is estimated as follows: • ITEM ESTIMATED COST Estimated Cost of Construction $937,664.00 Estimated Incidental Costs and Expenses $117,875.00 Estimated Financing (Bond) Costs $114,598.84 Federal Income Tax Component of Contribution (ITCC) $68,768.63 Estimated Total Cost: $1,238,906.47 The estimate includes the Federal Income Tax Component of Contribution (ITCC) Tax, which is a betterment tax. However, bonds will not be sold for the ITCC Tax since underground utility districts are undertaken at the request of the community for purposes of community aesthetics and public safety, and not for the benefit of particular customers of the utility in their capacity as customer of the utility. This underground district is not required as a condition for obtaining any electrical service. In the event the Internal Revenue Service (IRS), State, City and /or local government taxing authority determines that this project is taxable, Southern California Edison (SCE) will require the City to reimburse the full amount of the determined tax liability, plus interest, penalties, fees, and related costs. In that Case the City may need to sell a second issue of the bonds, if necessary, to pay SCE within 60 days after they notify the City of Newport Beach. The estimated ITCC tax amount is $68,768.63. • u SUBJECT: Proposed Assessment District No. 75 (Balboa Business District) for Undergrounding Utilities March 9, 2004 Page 3 The City Attorney's Office has reviewed SCE's request to have the preceding statement included in the Assessment District Report. It was determined that the City would not incur any tax liability. In addition to the assessment, each property owner will be responsible for converting their service connection to receive underground service. The Bond Reserve will be 5 percent for the subject district. Property owners who pay assessments in cash will receive a discount, which represents the cost of issuing and servicing bonds. The following is a tentative schedule for proposed Assessment District No. 75: • Resolution of Intention March 9, 2004 • Property Owner Information Meeting April 15, 2004 • Public Hearing April 27, 2004 • Public Utilities Commence Work September 2004 • City Notifies Property Owners to Install Service January 2005 Connections • Property Owners Complete Conversions May 2005 Public Utilities Begin to Remove Overhead August 2005 Structures • Public Utilities Finish Removing Poles and September 2005 Overhead Structures The Assessment Engineer chose a 'modified front footage' method of apportioning assessments within this District based on the variety of land uses and the similarity of lot width street frontage. The parcels and lots are assessed relative to a "standard" residence (27 feet of frontage) that receives a full measure of benefit within the Assessment District. Due to the fact that there are areas within the District that have varying degrees of utilities that are overhead and underground the Assessment Basis is divided into three parts to assess properties only for the facilities necessary to underground. This three -part formula takes into consideration the land use, number of facilites to underground and lot frontage. In no case has an assessment been imposed on any lot that exceeds the reasonable cost of the proportional special benefit conferred on that lot. The estimated assessment without the ITCC tax component ranges from $919.20 to $51,066.81, with the average assessment being $9,380.07. The estimated assessment with the 1TCC tax componenet ranges from $979.09 to $54,393.83, with the average assessment being $9,991.18. SUBJECT: Proposed Assessment District No. 75 (Balboa Business District) for Undergrounding Utilities March 9, 2004 Page 4 Environmental Review: A Notice of Exemption was completed October 17, 2003 and filed with the County Recorder on October 17, 2003. A Certificate of Environmental Proceedings was completed February 27, 2004. Prepared by: Patrick L. Arciniega Associate Engineer Attachments: 1. Exhibit Showing Distric 2. Resolution Of Intention 3. Resolution Passing O n and Ordering Initiation 4. Engineer's Report Submitted by: J Stephen G. Badum Public Works Director Boundaries Report Of Assessment Engineer, Setting Public Hearing, Of Assessment Ballot Procedures P 0 1] z cw w Q O 3 U .a U f¢1 q 'r O H U UGH ~�V 8 Q m ,i z o t <o kn r- 0 z U cn cnNt A H z w W A 0 0 0 0 N U !Y J N 1 2O r�Z w� U z q Q z F ts: o� Q O U O w ti 0 i QJ q W q ❑ W o � U 2 ¢ � a o w N N £ 4 ❑ ❑ W ❑ Z Z 0 N N J H y J J q W Q 1 1 W H Z G C W ❑ O W N o ❑ o a LLI Z I I LLI i • O I O J I Ii 1��a1S =% l / 1 / / i / 1 I I / t/ .. Q O m Q CD H W LIJ Lou 0MIN: NIVN KlVd I I I I I I I 1 1 I 1 I I I I I I I RESOLUTION NO. 2004- 0 RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT), DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND TO DESIGNATE THE AREA AN UNDERGROND UTITLITES DISTRICT WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 75 (Balboa Business District) (hereinafter referred to as the "Assessment District') to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, this legislative body further desires to ascertain whether area comprising the Assessment District should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "City "); WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, togetherwith appurtenances and appurtenant work in connection therewith, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District; WHEREAS, the assessment proceedings forthe Assessment District were initiated by owners of the real property; NOW THEREFORE, Be it Determined, Resolved, and Ordered by the City Council of the City as follows: DECLARATION OF INTENTION SECTION 1. The public interest and convenience require, and it is the intention of this legislative body to order, pursuant to the Act, the construction of the public improvements hereinafter described in and forthe Assessment District, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. 9 DESCRIPTION OF IMPROVEMENTS SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: 0 A. The improvements generally consist of the conversion of existing overhead electrical and communication facilities to underground locations within the area generally described as Balboa Business District, which area is generally shown on the Map, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 75 (Balboa Business District). B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineers Report (described below) and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineers Report. D. The description of the improvements contained in this Resolution is general in nature, and the plans and profiles of the work as contained in the Assessment Engineer's Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The improvements are of special benefit to the real property within the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District, which is described as follows: All real property and other territory in the proposed Assessment District included within the exterior boundary lines shown on the map exhibiting the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements described above, which map is entitled "Proposed Boundaries Assessment District No. 75 (Balboa Business District)" and was previously approved by this legislative body and is on file with the transcript of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the boundary map. 2 REPORT OF THE ASSESSMENT ENGINEER 10 SECTION 3. The proposed improvements are hereby referred to GFB- Friedrich & Assoc., Inc. (the "Assessment Engineer„), who is hereby directed to make and file a report as required by the Improvement Act, Article XIIID of the Constitution of the State of California, and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750), such report (the "Assessment Engineer's Report") shall be in writing and contain the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective real property and otherterritory within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the proposed improvements upon the real property in the Assessment District in proportion to the estimated special benefits to be received by the real property, respectively, from such improvements. Such assessment shall refer to such real property upon such diagram by the respective numbers thereof; E. The description of the improvements proposed to be constructed underthese proceedings. When any portion or percentage of the assessable costs and expenses of the construction of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subparagraph D above. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500, et seq.), which bonds shall be issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. M 0 The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officerto collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above, all of the improvements shall be constructed pursuantto the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements; or D. To call bonds. IMPROVEMENTFUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. M PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Patrick Arciniega, Project Engineer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 (949) 644 -3347 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineers Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the 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. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is also the intention of this legislative body with respect to the improvements to be owned managed or controlled by any other public agency, regulated public utility, or mutual water company, priorto ordering the construction of improvements, to enter into an agreement with each public utility company or public agency, or any 5 combination thereof with respect to the improvements to be owned, controlled or managed by the utility or agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of March, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 91 Mayor RESOLUTION NO. 2004 0 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 75 (Balboa Business District) (hereinafter referred to as the "Assessment District') to provide for the conversion of certain overhead electrical and communication facilities to underground locations, togetherwith appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, the Assessment District area should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "Ordinance "); WHEREAS, a resolution of intention (the "Resolution of Intention ") for the formation . of the Assessment District and the utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the "Report") as provided for in and required by the Resolution of Intention, Sections 10203 and 10204 of the Act, Article XIIID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act') (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law ") and the Ordinance; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted, passed upon, and preliminarily approved, as follows: A. The plans and specifications for the proposed improvements to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; B. The Assessment Engineers estimate of the itemized and total costs and • expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective real property interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several property interests in the Assessment District, in proportion to the estimated special benefits to be received by such property interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district, the proposed assessments, and the designation of the area as an underground utilities district at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on April 27, 2004 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property that is subject to the assessment has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each property interest located within the assessment district and subject to a proposed assessment. Each such owner may complete such ballot and thereby indicate their support foror opposition to the proposed assessment. All such ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 A postmark prior to such date and time will not be sufficient. . At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be opened and tabulated. If a majority protest exists, the City Council shall not impose an assessment within the assessment district. A majority protest `a exists if, upon the conclusion of the public hearing, assessment ballots submitted in . opposition to the assessments within the assessment district exceed the ballots submitted in favor of such assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 5. The City Clerk is hereby directed to mail, in the form and manner prescribed in the Assessment Law and at least 45 days prior to the date of the public hearing, notice of the public hearing and the adoption of the Resolution of Intention and of the filing of the Report, togetherwith the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of March, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: mayor ATTEST: City Clerk 3 • 0 ENGINEER'S REPORT for UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 75 (Balboa Business District) for the CITY OF NEWPORT BEACH Preliminary: March 9, 2004 Confirmed: r 1 0 ENGINEER'S "REPORT" . CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) TABLE OF CONTENTS Citations and Contents of Report 1 PART I - PLANTS AND SPECIFICATIONS 4 PART II - ESTIMATE OF COSTS 5 PART III - ASSESSMENT ROLL 7 EXHIBIT IA - 1931 ACT TABLE OF VALUES IA -1 (Follows Page 9) EXHIBIT 1B - DEBT LIMIT VALUATION 10 • EXHIBIT "A" - METHOD AND FORMULA OF ASSESSMENT SPREAD 11 PART IV - ANNUAL ADMINISTRATIVE ASSESSMENT 17 PART V - BOUNDARY MAP AND ASSESSMENT DIAGRAN 18 PART VI(A) - DESCRIPTION OF WORKS OF IMPROVEMENT, TIME ESTIMATE 19 PART VI(B) - RIGHT -OF -WAX CERTIFICATE 21 PART VI(C) - CERTIFICATE OF COMPLETION OF ENVIRONMENTAL PROCEEDINGS 22 EXHIBIT R - ASSESSMENT ROLL (Follows Page 22) II -1 • 0 AGENCY: CITY OF NEWPORT BEACH PROJECT: UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 75 (Balboa Business District) TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTION 10204 OF THE STREETS AND HIGHWAYS CODE 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, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of said Streets and Highways Code, and Section 4(b) of Article XHID of the Constitution of the State of California, and in accordance with the Resolution of Intention, being Resolution No. adopted by the CITY COUNCIL of the CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, in connection with the proceedings for ASSESSMENT DISTRICT NO. 75, (Balboa Business District) (hereinafter referred to as the "Assessment District "), I, JOHN A. FRIEDRICH, authorized representative of GFB- FRIEDRICH & ASSOC., INC., the duly appointed ASSESSMENT ENGINEER, submit herewith the "Report" for the Assessment District, consisting of five (5) parts as follows: PART Plans and specifications for the proposed improvements. Said plans and specifications are hereby incorporated into and by this reference made a part of this Report. PART II An estimate of the cost of the proposed works of improvement, including capitalized interest, incidental costs and expenses in connection therewith. 1941,14 sill This Part shall consist 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. 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. C. The total true value, as near as may be determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. D. Exhibit IA indicates the total of the proposed assessment combined with any previously unpaid assessment on any parcel of land in the proposed district. 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 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. PART VI This Part consists of the following information: A. Description of the work for the proposed improvements. B. Right -of -way certificate. C. Environmental certification. Dated this � day of 20 P~ FRS GFB- FRIEDRICH & ASSOC., INC. 7/z �Ivlzyl 0 P No C27861 Exp. 3/31/05 * N A. PkILDR11CII, P.E.r CNIL tea.* ASSESSMENT ENGINEER Cr r-W 2 0 0 Preliminary Approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, California, on the day of , 20 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 20 3 CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA ENGINEER'S "REPORT" PART CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) PLANS AND SPECIFICATIONS The plans and specifications which describe the general nature, location, and extent of the improvements for this Assessment District are filed in the office of the City Clerk and in the office of the Public Works Department; and are hereby incorporated into this "Report" by reference as if attached. 0 0 F1 I] F-7 �J • ENGINEER'S "REPORT" PART II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) COST ESTIMATE Prelim Estimate Costs without with Confirmed SCE ITCC Tax SCE ITCC Tax Assessment A. CONSTRUCTION COSTS I- Southern California Edison Structures $206,213.00 $206,213.00 Underground Cabling & Equipment $113,209.00 $113,209.00 (Less Design Engineering Advance) ($15,000.00) ($15,000.00) SCE ITCC Tax (22.59 %)* 68,768.63 Subtotal, SCE Costs w/o ITCC Tax $304,422.00 Subtotal, SCE Costs w/ ITCC Tax $373,190.63 2• SBC Rough Estimate $548,000.00 $548,000.00 Subtotal, SBC Costs $548.000.00 $548.000.00 Subtotal, Construction $852,422.00 $921,190.63 Construction Contingencies 85.242.00 85.242.00 TOTAL CONSTRUCTION COSTS $937,664.00 $1,006,432.63 B. INCIDENTAL COSTS 1. Design Engineering (SCE) $15,000.00 $15,000.00 2• Design Engineering (SBC) 7,400.00 7,400.00 3. Assessment Engineering 31,175.00 31,175.00 4• Construction Inspection 9,900.00 9,900.00 5. City Administration 11,400.00 11,400.00 6. Printing, Advertising, Notices 4,000.00 4,000.00 7. Bond Printing, Registration & Servicing 1,000.00 1,000.00 8. Filing Fees 500.00 500.00 9. Bond Counsel 20,000.00 20,000.00 10. Paying Agent 2,500.00 2,500.00 11. Contingencies 15.000.00 15,000.00 Subtotal, Incidentals $117,875.00 $117,875.00 Subtotal, Construction & Incidentals $1,055,539.00 $1,124,307.63 (Continued - Next Page) * Adelphia Cable is required to pay for undergrounding through their Franchise Agreement with the City. ** ITCC = Income Tax Component of Contribution (22.59% of SCE Costs). [Section 18(b) of IRS Code] * ** 2nd bond issue for Federal Income Tax Component of Contribution (ITCC) - 6.12% of the Preliminary Estimate "with SCE ITCC Tax" Balance to Assessment which will only be issued if the Federal Govetnmen implements the tax. The 2nd bond issue (ITCC issue) amount is the difference between the Balance to Assessment in the "with ITCC Tax" column above and the Balance to Assessment in the "without ITCC Tax" column above. • ENGINEER'S "REPORT" PART II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) COST ESTIMATE Prelimin Estimate Costs without with Confirmed SCE ITCC Tax SCE ITCC Tax Assessment Subtotal Forward, Construction & Incidentals $1,055,539.00 $1,124,307.63 C. FINANCING COSTS 1. Bond Discount (2.5 %) $29,078.21 $30,972.66 2. Bond Reserve (5 %) 58,156.42 61,945.32 3. Capitalized Interest (1.75 %) 20,354.75 21,680.86 Subtotal, Financing Costs $107,589.38 $114,598.84 TOTAL DISTRICT COSTS $1,163,128.38 $1,238,906.47 D. CASH CONTRIBUTION 0.00 Sam E. BALANCE TO ASSESSMENT $1,163,128.38 $1,238,906.47 * Adelphia Cable is required to pay for undergrounding through their Franchise Agreement with the City. ** ITCC = Income Tax Component of Contribution (22.59% of SCE Costs). [Section 18(b) of IRS Code] * ** 2nd bond issue for Federal Income Tax Component of Contribution (ITCC) - 6.12% of the Preliminary Estimate "with SCE ITCC Tax" Balance to Assessment which will only be issued if the Federal Govetnmen implements the tax. The 2nd bond issue (ITCC issue) amount is the difference between the Balance to Assessment in the "with ITCC Tax" column above and the Balance to Assessment in the "without ITCC Tax" column above. • ENGINEER'S "REPORT" PART III CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) ASSESSMENT ROLL WHEREAS, on , 20 , the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, did, 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, and as amended, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of said Streets and Highways Code, and Article XIIID of the Constitution of the State of California, adopt its Resolution of Intention No. for the 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. 75 (Balboa Business District), hereinafter referred to as the "Assessment District"); and, WHEREAS, said Resolution of Intention, as required by law, did direct GFB- Friedrich & Assoc., Inc., as Assessment Engineer, to make and file a 'Report ", consisting of the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective real property and other territory within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the proposed improvements upon the real property in the Assessment District in proportion to the estimated special benefits to be received by the real property, respectively, from such improvements. Such assessment shall refer to such real property upon such diagram by the respective numbers thereof; and E. The description of the improvements proposed to be constructed under these proceedings. 7 For particulars, reference is made to the Resolution of Intention as previously adopted. is NOR', THEREFORE, 1, JOHN A. FRIEDRICH, a licensed engineer of GFB- Friedrich & Assoc., Inc., the duly appointed Assessment Engineer, pursuant to the "Municipal Improvement Act of 1913" and Article XIIID of the Constitution of the State of California, do hereby submit the following: I . I, pursuant to the provisions of law and the Resolution of Intention, 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 to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. 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. 3. The subdivisions and parcels of land with numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers 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, and the last installment of said bonds shall mature a maximum of THIRTY -NINE (39) YEARS from the 2nd 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. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913" and the requirements contained in Article XIIID, and by further direction and order of the City Council, I hereby make 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: THIS SPACE INTENTIONALLY LEFT BLANK 0 9 M AS PRELIMINARILY AS APPROVED CONFIRMED Estimated Cost of Construction: $ 1,006,432.63 $ i Estimated Incidental Costs and Expenses: $ 117,875.00 $ Estimated Financing (Bond) Costs: $ 114,598.84 $ Estimated Total Cost: $ 1,238,906.47 $ Estimated Contribution: $ 0.00 $ Balance to Assessment: $ 1,238,906.47 $ For particulars as to the individual assessments, reference is made to Exhibit II attached hereto. 6. The Method and Formula of Assessment Spread is as set forth in Exhibit "A ", which is attached hereto, referenced and so incorporated. THIS SPACE INTENTIONALLY LEFT BLANK 0 0 0 � C � E w [ � U Q � o � > o a r o0 O i!1 O w w w w w 7 1.0 C� '7 C� c G O [, .D .D .D .D .D M .O [, M w C1 C1 C1 C1 C1 [� O C r 7 ti.. .. .. .. .. .. M 7 [r- N o9 M v1 [� yr r O) t t t N N q F c N C� 1.0 O M� .+ O O M oQ �!1 O 9 O O M M m M N N 7 D\ m D\ 7 m M O O N [, M D\ N O M r, [� \0 � O 7 F O O � W � ^-� O M M [� [� i!1 O M -+ i!1 O 00 � @ Mr^ N r O v1 Q, V1 r. C O M 7 O ICE z F w C F O � F U 'd `" " O ^-� �D V O\ N O\ 'V 7 ^-� [� O O v1 i!1 O M O [� O O •V v1 �D W .y y O ti N r h M O\ [� �D O\ O O'D v1 M W 7 O w �S N O N O 7 i!1 .r 'D � N O O N � h w i!1 �D O o0 i!1 .r �D �D 'D ti ¢ y ti X 7 7 C) D\ m 0 7 w Iy o D\ . v1 1.0 1.0 M ¢ N v1 7 v1 D\ m .. [, .. V O 7 N oo N , F .[ N .N_ 7 D\ O .. D\ D\ m M �D oo O D\ O N r N D\ r N O D\ � m N y 7 M [, 7 v1 O O w .. N N <t N o0 00 0o M 7 M M O O N[^ N u A O 7 W N v1 m r, D\ w O O m v1 r N .D M 7 D [- O O rn w , rr N ti [ RI F t!1 Q� �D 00 �D �O �!1 �--i �D 00 Q� �!1 �!1 �!1 ^-� �!1 7 �!1 �D [l 10 Q� _ [l ti C) N M 7 v1 .D r- .. N M v1 "D -+ N M 7I. N M l. v1 O 0 N N O O O O O O O O O O m m — m m m m 0 0 0 O 0 p.' N N N N N N N M M M O O M 0 0 0 0 0 0 0 0 0 ti N N N N N N N_ N N N N.. N........ u o6 c� c� c� c� o6 ��� o6 W o6 N N� N N N N N N N N N Q ¢ a O 7 �y 7 7 7 7 7 7 "T 7 -t 7 M M 7 M M M M M M M O\ M O\ M O p 0 0 0 0 0 0 0 0 0 0 O\ O\ O O\ O\ O\ O\ O\ O\ O\ d w Q w U A Q w U A w E o ^-� N M 7 V1 �D [� rn O z N . . . b � z ¢ .. .M. .M. .. ... ... ... .h. 0 0 0 0 N Q w� U Q � o � o � T T T T T Ol T T T T a T T T O, Q\ T T T w M M M M O o 0 0 0 0 G T Ot T T T T T T O\ T Oa T T T T O\ D\ D\ T V' %c �O �o �o • ti C,C,C,C,C,C,C,C,C,C,C,C,C,C,C,C,C,C,C, 0o 0o 0o 0o rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn �o �o �o �o _ nyi Q O N f� N r ^� h •--� O h M T cd a io O T M O M vi N .• T W W in p,•� 0 000000000000000000 00000 � W]� o� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q p � u O M M Vl 00 M W N M O V N M o0 'V lzr •--� OO Z Vt N h T o7 m M-i V' z 07 07 r- r , O O Cl oc O M N N o0 w o7 M c T Vt M Vt V' 00 N f� T f, V N o7 aV T "t T N --� M --� N N r- h .-i �o T N T V a G w V N N �-i M T 00 07 h Q y .�-i .�-i .'V-i .�-i .�-i t+00i z N o C V � V r •--� O 'V Vt O� �O .V c N V M Vt T \0 O o7 V� .r o7 r W y ti M M M O �V O T �O f� M M 'V 'V 'V N O O N �O .�-i f- V r U ti y N N f- T �O T fr- N M M Vt Vt 00 V oc h r N oc T �` y y v- o0 v- N �O M v- V h O M M o0 V r ^•� r O N T •--� N f- w 60 O N O M M r- O k r r O N r r M V O , F ° �D �D 00 �D O in M iD 00 M O� •--� in M T •--� M N O O N o7 T O O 07 h M DO O N CO O\ V N M M 00 r--i r W 7 f- M � y y O c lO Vt N M c N o0 T M O lO ": Vt T lO Vt Vt r- -i o0 ti O '� T M �o M M O V h N N V� T w � m T O M4A M N f- w r 00 � w w r M 00 f- r 00 00 M �O \o � r h V Q , 07 --� M O O o7 M M �/t N O �D f� O� •--� Vt •--� �O T y M M N O\ M N 01 Vt N V 07 M Vt 07 r O y G 7 h N o0 N O Vt r- o0 T M N M T T N V �D W •--� O h r .N-i v N iv M M o0 �D Vt .,. f� •--� N O� N oo c c, V N •--� O M w w ti a, N O N a h h r M M N '• 07 ON 1.0 w 69 M N N N N N N N N M N N N •--� �D f� V h ti O 00 T O N-i mlzr lz- r--i o0 T O N M V W�o -� O O O .�-i O - - - - - - b - - - - - - - b - ti M - — — Q ti N N N N N N N N N N N N N N N N N N N w w 00 00 w Q a 0 M M M M M M M M M M M M M M M M M M M V V 7 O O O _ D\ T O, T T T T D\ T T T T D\ T T T T Ot D\ O O O A [J. .,xa Z wdav F�> 3x o7rnON N Q 0 El N C O w U ¢ a M M N O V V M 0 0 01 ON �D 01 M M M M V1 O O' C' M O M OO W 01 m M M l— r O O r r r M O T T O 00 W V1 00 M 0) ON V T W W M m C V r m 01 00 00 1D D r- r C r- b b 00 W l� r 00 00 00 \O 00 N V V N T ON r- T"T r r .fir .fir .Mw .-r ."r a ¢ � N M T M O O 1 00 1D O � 01 01 01 N •--� ,n M N N i N v1 M i V M 1p N eq \0 1p N V O1 01 m M > O � ,n 4 •U � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U w z° U PZ H U 5 M oo r M M O ,r1 O oo N (`. (` N V N ,/1 l� M O T l� O 1D M 1D M 0 0 0 0 00 M M DO O F O x> N 4 T l w ,/1 O V l- 10 ,/1 M W O �-+ M l w O v1 v1 O V1 V l r M 01 Pr V7 h A N cl. V W V M O C M M 00 r_ 16 r r ,n r -+ O O 1D V G Z N y 13+ w V N V1 N m ON V h M 00 00 O V l� M 1p �i M N .mow N r z w O ? F y O 10 1 N V ,/1 ,/1 T O\ O 'V 7 o V 00 M O O O O O W ,.y y h o0 ,r1 O N 1D O l— V O M 10 N N 1D N 0 0 0 0 10 M U 07 M y R' 00 V 00 V M 1D l� O M l w V 0 0 0 0 0 01 V V 10 T N y �' v1 v1 M W i0 M T l— O M 10 V 10 N ,/1 h O h N -+ N 0 N N !� M V .may r r ,�i1 \MD M\0 C 1\0 m .N-, M N 6 > U D F O •p N M 1D M -+ O N V 01 10 w C m 01 O M V1 N o0 00 l- N N M Q\ h 1D .+ '+ N O 1O - ,n M N l� o0 b y N ,/1 1D 00 V O N ,/1 1D M C M V v1 l� W W 01 N ,n 00 O 01 V M l� O 1D T N M 1D 01 1D N O O 00 O M 00 l� 1D h v. > N rr N M 01 00 Oo O m 01 V1 m 01 m DO N F 1D T V M 1D V O l w M V O V N .Mi O DD 10 h 01 ,P ep M N V 0o v1 to v1 0, W oo 1D .c O O M l� r 00 00 00 10 00 00 O 01 O h > V 00 N 1D m M V W O Q` 1D 7 N *�+ O1 N b b N DD O N N V l� O ¢ Vffl M N V N t V 1D v1 1p 1p M v1 N O N ..r N h M T V1 V M T T N 1. O •.-• •.-• N l� 00 01 l� .+ .�i 0 0 0 0 �o--oq .V � .M. .N. vvMMOOOo o Z N N v1 v1 v1 v1 v1 N N N N N N N O O O O N N N h N. N M..... M.. M. h h W OO 00 OO GD OO OO OD OD OD 00 00 W DO DO 1D 1D 1D 00 00 00 Oo 'IT 00 '-' ¢a O V V V V- V V V a V C M M M m M V V N 0000�o0 o o 00000000,0,0,0,0000 0 0 O Q W W Oi CJ N M (S� Z N N N N N N N N N M M M M M M M M M M M M �T Q 0 El 0 11 0 7 Q i w� U Q � � o > o � fi o 0 00 as o0 as w V) w V) m o0 w r 00 w vi vi w m M w v o0 ti c NM roor�rrr�rroo0oroor�Dr E M V O N O v1 O O O O O O C o0 00 C7 00 0o O C N P, Q N C � O C ' V „N� l� b r 00 V1 � � > Off+ 00 M .�. eq N V1 1 V' M N V1 l� r .N.. C �n o, '� � 00000000000000000000000 � U¢ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U F V %� ,.. O Ol l� O\ N l� V •--i N m V' O V1 Q u N A 4 .-. N N -. h T N V N I.D V �D W W •-. O� --. N T W .•. �D C C O� 0J V oc h 0 W M W V1 M V M M l� M . 7 D V 16 N N lr lz V3 M l� V M �D M N V l� O V' r- r� O+ M M V l� h C� O O V' V1 W \0 �D O l� -+ O M N Y1 C •-� U V] M h a y N V V1 M �+ 00 V 00 M N N l� b M 00 M. N r M N� V' m l� M m m W m b N h h N t�1 O d' Q C¢ O O M r M O r W V O �D O V1 m � �o C7, l� M 7 VJ 00 > U y^j �, F O L M �O [f O V1 l— b r W .-+ Y'7 O l� N R l� co fib O� O l� ¢bj E y N V �o V M �o M v1 0 0 0 V \0 O �D O N �D l� ON O C N V 7 CO O OC O� O� V -. M C r- 0c N M r- V M O r O N M n-r Nb O � •-+ O� .r .r Q\ M Vl 01 00 V ti0 V1 O V V O b 7 V l� .N.n O V V� .�i � •. r r r� M T N O O 01 01 .�.n O W � C m m --� - M l- N N oc � oc .. V O� O� O\ r- \O oc � O •. •. O O� y a> N O O m r- M l� V V NN M N O M M M G�3 `M - rn oo .n .n O N M 00 C o c o C o c o 0 O 0 N N O N N O O 2 N M M M O O 0 0 'O + M M. M M M M M M M M M M M M N N M N N M M M h y n .r V1 Vl "^ Vl Vl �-' 00 00 00 00 00 Co 00 00 00 00 00 00 00 W 00 00 'O K0 00 V^ \O 00 00 w V V V V V V V V V V V V V V V M M V M M V V V c o o O O O O O C o c o 0 0 0 m m O m� O O O p 7 Q 0 Cl E 4 C � U y 4 u o > o a rn o0 0 h M I'D v h o0 00 m O I'D M m t- r- 0 h h r- o0 c m m O l- m O r� 0o O O� l- O ut O� m l- V t � 00 00 00 �o O� • M Ic m h r m �o h h �--� m O+ m ON m l- a, m h O V V O l� v1 h N r v1 v m m l- �o m m m V v1 O\ v1 v1 v1 cl kr kr h C C � �6 O N v1 U N 5V9 .^.. N N V N a ¢ G "T N ON 0\ > oa o 0 0 0 0 0 0 0 0 0 0 0 0 cc cc c o o cc 0 0 � Lr c N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ate¢ ¢ z°, w ¢ M ut 0 m m .. O a a r m O 07 m u oo N N O a0 N ao 00 r- D v 7 00 v eq N m O� h m � h O� O� NV . 'V m m O l� O = a G y W eq NH3 m y n U a Ln N O m ut m 0\ U Ln m h R' y l^ N N v1 l� 00 .-� l w N O o0 00 v1 N O, CII) Q O« a r V N oo v1 N N N m oo l� N N-+ O > U r v F p zy u N D m D Q r p 00 v1 V O oo b m O� O O oo N o0 � O O a r 00 - O oo M m N N y a oo O� O� O� oo �D h r � o0 7 O �-+ V O 00 a N O� r- v'i m O N O� rl N H O > h b b O r 00 m O .fir -+ V� � m O h m r �o m O l� V ON m V �o ¢ — N .-w p l� O V DO O V V V V l� r DD N y y m oo .fir m CC N O l) N N O, .�i m m O lqT O h G 7 O, m m N h DO m m m DD m 00 O, DD O N O O, DD r V m NqT h ee A O O 00 O, r r" 00 00 m T C - q; -+ N m 7 m oo kr > ON O O O\ l� O� O N m m l� DO r T r DO m O\ m V h T� ¢ mm T v'i m m .-. m O N �o 00 � N � �o m N h .-. O� N v'i Nr m w O\ N O, m m O v'i Nr b V m N N ^-� O, O 0 0 0 0 0 0 .-+ N N O N �-+ N O C? 0 0 0 0 Cp O V R 4 V 7 cN N cN N cN N o �o ,D .N.. .N-. .yyr .+ � i i i i Q Q a 0 R V R `7 R C C C R V V V R V R V V R 0 0 ��}} 0 0 _ O O O O O O O O O O O O O O O O O O 0 a K E o �� porno Nmv vi o�w rno c�mv n o�000 w C z ,c 0o 00 m m m m m 00 0o w 0 Cl � 0 � } \\ u< \jk \\ \ \ \� \ �< _ 2 )}) @»w= $ r L '2 \ { a ° wk- � Qa c a asa \ e2 en § CN @ �$} \ _R»^ \ \k @) ) o. 60.1 \ )�� \ //� \ \2\ 6 § ))k \\\\ 0 ( mr 7 } CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 75 (Balboa Business District) Exhibit IB DEBT LIMIT VALUATION A. Estimated Balance to Assessment $1,238,907 B. Unpaid Special Assessments 0.00 Total A & B $1,238,907 C. True Value of Parcels $60,120,094 ** Average Value to Lien Ratio 49: 1 • * Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. • ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County. 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 I, the undersigned Assessment Engineer, do hereby certify that (i) the total amount of the principal sum of the special assessments proposed to be levied, together with the principal amount of previously levied special assessments, as set forth above, does not exceed one -half (1/2) of the true value of the parcels proposed to be assessed and (ii) the proposed assessment on each parcel does not exceed one -half (1/2) of the true value of the parcel. GFB- FRIEDRICH & ASSOC., INC. ' N D ' E. Z//ASSESS ENT 10 ENGINEER'S "REPORT" EXHIBIT "A" CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) METHOD AND FORMULA OF ASSESSMENT SPREAD Article XIIID requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Municipal Improvement Act of 1913 ", must be based on the special benefit that the properties receive from the works of improvement. It is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. The law does not specify the method or formula that should be used in any special assessment district proceedings, and that responsibility rests with the Assessment Engineer, who is appointed for the purpose of making the analysis of the facts and determining the correct apportionment of the assessment obligation. The goal is to apportion the assessments to each parcel in direct proportion with the special benefit that the parcel will receive from the improvements. For these proceedings, GFB- Friedrich & Assoc., Inc. has been appointed to perform the functions of Assessment Engineer. The special benefits that inure to the properties within the boundary of Assessment District No. 75 are threefold; first, the undergrounding of existing overhead electrical and telephone lines, the removal of supporting poles, and the construction of a new and improved underground electrical and telephone. system will result in enhanced service, reliability and capacity; second, the improvements increase safety; and third, removal of existing poles and overhead wires will aesthetically enhance all parcels adjacent to the improvements. There are a variety of land uses within the District boundary. Because many of the parcels receiving special benefit from the proposed improvements contain residences with similar lot widths fronting on their streets, a "modified front footage" method of apportioning assessments is being used for this Assessment District. If a lot or parcel has a structure with more than one story, the formula is adjusted to reflect the benefit received by type of use on said lot or parcel with multilple residential units or commercial uses. The modified front footage method of spreading assessments generally reflects the size of the lot or parcel, which in turn reflects the level of use of the facilities, and therefore the special benefit that they receive. The modified front footage method also is a measure of the amount of utility trench crossing in front of said lot or parcel. It is reasonable and our conclusion to spread assessments • using a modified front footage formula where each parcel or lot is assessed relative to a "standard" residence (27 feet of frontage) within the Assessment District that receives a full measure of benefit (all three parts of special benefit as described below). The construction cost and proportionate share of the incidental costs for bid items will, therefore, be spread on a 11 modified front footage basis to those areas or subareas of the Assessment District that benefit from the works of improvement. Because the benefit from the improvements is specific to each parcel, there is no general benefit component that is received by parcels outside of the Assessment District boundary or by the general public. The special benefit received from the above -cited works of improvement is estimated to be in proportion to the modified front footage allocated to each parcel as described below. In the Balboa Business District, there are a variety of existing conditions regarding electric, telephone and overhead utility lines with poles. For example, some lots already have underground electric service but not underground telephone service; other lots already have both underground electric and telephone services, but have overhead lines that require undergrounding; other lots require all services to be undergrounded; and still others have all of their services and utility lines undergrounded already. Apparently, some of the developers of the lots within the District paid to have the utilities undergrounded as part of the development process while others did not. Consequently, in order to assess properties only for the facilities or work necessary, the modified front footage formula used in this District is divided into 3 equal parts; 1) underground electric service (E) is required, 2) underground telephone service (T) is required, and 3) overhead utility lines (OLR) must be undergrounded. The modified front footage formula to be used throughout the Assessment District is given below with one, two, three or none of the three parts considered for each lot or condominium. Please refer to the Assessment Diagram for the location of existing overhead facilities. Land Use Code 14 15 29 30 31 32 34 38 39 52 76 85 88 110 121 122 * 125 land Use Recreational, Amusement Park Residential, Apartment Commercial, Commercial Building Commercial, Commercial Condominium Commercial, Commercial Lot Commercial, Miscellaneous Uses Residential, Condominium Residential, Duplex Miscellaneous, Exempted Fully Commercial, Hotel Vacant, Multi Family Acreage Commercial, Office Building Commercial, Parking Lot Commercial, Restaurant Commercial, Shopping Center - Supermarket Residential, Single Family Residential Commercial, Storage - Warehouse 12 , Assessment Basis Front Footage _ 3 x # of Facilities 1.5 x Front Footage _ 3 x # of Facilities Front Footage -. 3 x # of Facilities Front Footage - 3 x # of Facilities Front Footage = 3 x # of Facilities Front Footage + 3 x # of Facilities 0.8 x Front Footage + 3 x # of Facilities 1.0 x SFR + 3 x # of Facilities Front Footage + 3 x # of Facilities 2.0 x Front Footage + 3 x # of Facilities Front Footage + 3 x # of Facilities Front Footage + 3 x # of Facilities 0.5 x Front Footage +3 x # of Facilities Front Footage r 3 x # of Facilities Front Footage + 3 x # of Facilities Front Footage (27' min) _ 3 x # of Facilities Front Footage r 3 x # of Facilities 0 0 Land Use Code Land Use 126 Commercial, Store Building 127 Commercial, Store Franchise 128 Commercial, Stores & Offices 129 Commercial, Stores & Residential 133 Recreational, Theater - Walk in 135 Residential, Triplex Assessment Basis Front Footage - 3 x # of Facilities Front Footage _ 3 x # of Facilities Front Footage + 3 x # of Facilities 1.5 x Front Footage -.3 x # of Facilities Front Footage -. 3 x # of Facilities 1.0 x Front Footage + 3 x # of Facilities * Basic assessment for a 27' wide single - family residential lot A service drop is defined as an electric service line and a telephone service line constructed to the property line of a parcel or lot. A single residential service drop is based on service to a "standard" residence with 27 feet of frontage. A service drop for a multiple -unit residential /apartment complex or a larger commercial use may require larger service lines to meet user demands. A lot with buried electrical and /or telephone transmission lines on two or more of it's sides shall only be assessed for one side frontage; said side frontage shall be the same side that is used to assess other nearby parcels with similar land uses. Said side is generally the side of the parcel represented by it's address. The rationale for this is that the buried transmission lines on the non - assessed side(s) of a parcel are necessary to make the entire underground utility system functional, and therefore constitutes a measure of special benefit for each of the parcels within the assessment district boundary. The costs for the installation of said non - assessed transmission lines are therefore shared by each property owner proportionately. In anticipation that a lot or parcel that receives no assessment or a partial assessment in this Assessment District has a residence or commercial building constructed on it in the future that requires electric and telephone service, the City in conjunction with the utility companies, will charge sufficient fees and construction costs to the property owner(s) of such a lot or parcel to effect equity with the other lots or parcels that received assessments for similar facilities in this Assessment District. Some or all of said fees and construction costs may be used to pay down the assessments on the other parcels within the Assessment District on a pro -rata basis. Some of the lots and parcels, identified by their Assessor Parcel Numbers, within the boundary of the proposed assessment district require special consideration, as follows: 13 Assessor Parcel No. Land Use Description 048 - 121 -20 Residential, This parcel requires electric and telephone drops Duplex and utility line undergrounding, but will have a new pole and cable added at it's westerly property line. Therefore, it will receive a 34% reduction in it's assessment due to having a pole remaining. 048- 121 -21 Residential, This parcel requires a telephone drop and utility Duplex line undergrounding only, but will have a new guy pole added at it's southeast corner. Therefore, it will receive a 20% reduction in it's assessment due to having a guy pole remaining. 048 - 121 -09 Residential, This parcel requires electric and telephone drops Triplex and utility line undergrounding, but will have a new guy pole added directly across the street. Therefore, it will receive a 20% reduction in it's assessment due to having a guy pole remaining. 932 - 160 -01 Residential, This series of condominium units is in a large through Condominiums three -story building. Fifty -four feet of overhead 932 - 160 -24, utility line and two poles require undergrounding inclusive in the alley behind the building. Each condo- minium unit is being assessed for 1.80 feet of modified front footage to pay for their share of the cost of undergrounding said line and poles. 048 - 135 -02 Recreational- Theater Each of these parcels share an existing pole in the 048 - 135 -03 Commercial, Stores alley behind their buildings. Because this pole has 048 - 135 -07 Commercial, Hotel no existing utility lines, it is reasonable and our 048 - 135 -11 Residential, Duplex conclusion to have each property be assessed for 9.00 equivalent front feet for the removal of the pole (OLR) and undergrounding of any equipment affixed to it (the properties identified by Assesor's Parcel No. 048 - 135 -03 and 048 - 135 -11 already have undergrounded electric (E) and telephone (T) services). Furthermore, the two other properties, identified by Assessor's Parcel Nos. 048 - 135 -02 and 048 - 135 -07, also require underground tele- phone service drops (T). Therefore, the two properties which require the pole removal and telephone service drops, and which each have at least 54 feet of frontage are each being assessed for 18.00 equivalent front feet for telephone service plus the aforementioned 9.00 equivalent front feet for the pole removal. 14 0 L_1 Several lots that front on the north side of Balboa Boulevard have wedge shapes. The average of the lot front and back lot dimensions is used to determine the front footage used in the assessment formula. During the time that this Engineer's Report was being written, a variety of other assessment formulae were considered. Assessment units (AU) or Equivalent Dwelling Units (EDU) were considered as a method of spreading assessments. This is often a viable method of spreading assessments but was rejected because of the difficulty in assigning AU's or EDU's to the variety of land uses found on the lots and parcels within the proposed assessment district boundary. Acreage was rejected as a method of spreading assessments because of the difference in size among the lots within the District. The use of an acreage formula would not reflect the special benefit derived from undergrounded electrical and telephone improvements. In conclusion, it is my opinion that the assessments for the above - referenced Assessment District have been spread in direct proportion to the special benefits that each lot or parcel receives from the works of improvement. It is my further opinion that: a. The proportionate special benefit derived by each identified lot has been determined in relationship to the entirety of the cost of the construction of the works of improvement. b. No assessment has been imposed on any lot that exceeds the reasonable cost of the proportional special benefit conferred on that lot. c. Only special benefits have been assessed. DATED: 20 0 15 GFB- FRIEDRICH & ASSOC., INC. A. FM D CH, P.E. ASSESSMENT ENGINEER i� , atCITY 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 2 -/ day of _�d��iZ�'l�iC� —20 -04—. CITY CLERIC 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 approved and confirmed by the City Council of said City on the day of , 20 CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, STEPHEN G. BADUM, P.E., as SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing assessment, together with the Diagram attached thereto, was recorded in my office on the day of . 20 SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA 16 0 ENGINEER'S "REPORT" PART IV CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) ANNUAL ADMINISTRATIVE ASSESSMENT A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land with 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 Orange, Los Angeles, and Riverside 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. 17 ENGINEER'S "REPORT" PART V CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) BOUNDARY MAP AND ASSESSMENT DIAGRAM Full -sized copies of the Boundary Map and the Assessment Diagram are on file in the Office of the City Clerk of the City of Newport Beach. Please refer to the following pages for reduced copies of said maps. As required by the Act, the Assessment Diagram shows the exterior boundary of the District and the assessment number assigned to each parcel of land that appears in the 1931 Act Table of Values (Exhibit IA) and the Assessment Roll (Exhibit II). The Assessor's parcel number is also shown for each parcel or lot as they existed at the time of the adoption 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 or lot within the District IN 0 0 0 A 0 (( - #r /� R iI � - -G J-- -� w : - u � V \� ;u §0 »� y/ w§§ (D EE \w :{ )�] 2 2» w E �E ! E E§ ° ` / \ \ uz « \ m �w g /® §§ y I I b $ oa a w a a w m m a w a w N £ 133HS 33S YI N 1 Z n _ 133!!15 z cc w LL U W 3 J 6 1 9p- Rla - %p m Q LL CC- 0914[6 W W I W Lu Cc I- rp -LLb %4 az =OF Jb�iD XI Sti o Z `- - WZ 03ui LLZ Z ^4 Oa W NZ ac c rO G ap =LL C m U (!) & a N 1 W .11 0 N i u N tt -M - %D Q 1 n _ 133!!15 NOlONiHStlM w I rC- DJI -LCB 1 9p- Rla - %p l I j CC- 0914[6 I 1XDItl 1[ I rp -LLb %4 I 01- LL1 - %p Jb�iD XI Sti 1 - 1 LC -M -L[6 l3'1tlYG $$355v 335 tl0 333 1 IC- 091 -M 1 1 10- LL1 -Yr0 .11 n- E21 - %0 ry ca i ca tt -M - %D I ; e 1 I Ki Q W J m i � l7 H W W I N 'n W p w N I a O m J 'jl Q mI R 091 iC cc -osl -ice [0- [i1 -BrD LO -21 ^ %0 IZ t0- 61 -9r0 I p 1 1 _ 133Ei15 1— N1Yd I � 1 1 <o -Rl -pro 1 Vo -RI -Gm Z r 1 — 133a1s ' swvav FY ° 2 ^lL l - %0 � 60 ^LLI - %0 ul.u� m f � o � � Z s W W 'J � n Y Y � Y i I w I 1 9p- Rla - %p l I 91 -Lb-%p so- LL1 - %o I cI- LLl -ero I rp -LLb %4 I 01- LL1 - %p 1 [p-L21 - %0 1 tt- LLt - %4 � 1 1 1 1 10- LL1 -Yr0 111 n- E21 - %0 ry ca f° ca r 1 — 133a1s ' swvav FY ° 2 ^lL l - %0 � 60 ^LLI - %0 ul.u� m f � o � � Z s W W 'J � n Y Y � Y i I �A 13 ItId • 0 N O N -Br0 eo -sn -wo io- sn -vrJ .S6 [0- SCl -TO 11- Stt -Gr0 A ro- sCl -wo al- sn -v.o so-scl -wo it -scl -vro w .A i6 J ItItI � 133a1S, :Z I - I � SI- iCl -Yr0 W i 6 E5 .SI i,St U J I ^ 1 1 1 F I _ io -in -vro I � I I 1 ss I I � u- xcrvrJ 1 I i I 1 .� 1 c6 Ir- Oii-9C6 � C ar- Ji4 -9C6 1 > I y ic- 024 -SC6 J 1 1 it � Ic- JZS -9[6 1 6�- iil -Gr0 Im nI� I 1 2 �0 I� N {o ss aN Al r 133HIS NPVW O 1 Iz Z Q a a Io € O L W O W m J 1 } 1— U U/ Q m my uu I C€ � oLc �' m Q W - iUZI c mO C �¢ F— N "3 wCC mop Q az H % € O z ; r < O W W sc sc W Z rc v LL = O 4 W �a >O \, N w c p F- U WO - 133H15 NOIONIHSVM - Z Z 133HS 33S W O =„ W (A u - ° "Z G�- = �A:.ti'sy3- Q4=. ti 5 I y z kK'S U � � i 6 $ U'b o� V° -Br0 eo -sn -wo io- sn -vrJ .S6 [0- SCl -TO 11- Stt -Gr0 A ro- sCl -wo al- sn -v.o so-scl -wo it -scl -vro w .A i6 -Br0 eo -sn -wo io- sn -vrJ .S6 [0- SCl -TO 11- Stt -Gr0 A ro- sCl -wo al- sn -v.o so-scl -wo it -scl -vro w .A i6 N N O w N R °2-ozs - °rs W � i 7 7 z- Ri M ro p I of I J I - \ 33d'1S \ I Nlyry W r/ - o N , 8 O Y U 10- rr, U R M m G -%o a 0 W Yr0 ml Nn w W Q a a f6q o :? Q oo a r R 3 I x In .n , ,tt F o W W LL Z O n3NN3/IY \ '� LV � U p S 133H5 335 N m > v z W O pR V WW Ut c— 8 �Wg' i • 4 133HS 33S mg � !- 8 n R C' J I ov p "3l7N3'n y l � N019N1HSbjry ,"_ v rcLe E Jj I t I a ro, W t � ti I � v ° -LU_L� l II a Y/ .CD L0.Ci1_ m - +_. n e I,OL 8 O• 1` v I cl R ° o i Z R / l 133y1 � a ° se,v e sc sc LL z O 1 S Sryy� \.r _ i W U_ mr 4 U. M r m W 0 li W 1 IIL L F m w 1 N we �W y _ I R Qi =0� 8 pa Hay '-a m� w O W LL '..� W U. c a W= W �$ Z Occ s �R W aw �O LL o N ~ z_, -°`fie W w 5..a w � �e ) / ®= I \ m . {/ ) / Z. | ] || \ \| _ ) �' ; |[)\ ;| / \ ( | ! (�(!! §| ! q \(j�| ( r . ; :§ , <�� \ +m° § \/ / \ . . \ �° ha y , p . z . = J bid / I \ � � / / —_ LO i ) I � - - -\ \ �! f - -- U \; §\ , G` I 0 !� 7E ! N 2( ■k§ Ece ;`$f , §gym . . ) Z (k U. �.4 �! �§ §» - x w zw M -z % 2t9 {� z 0 z g o i N N O 0 0 0 o 0 0 0 0 0 0 O o O e 3 b e S e m P P a m a a� m nn a a 0 0 0 0 0 0 0 0 o O V o LO O Z a z 0 F- IZJ o IL lu 'w Z Q mY U CC CC m Q LL L— F z`c m O N h y° F W ui az xo� � om Haq Q W a W W Fi u�U. Z ^� 0 W%� Q W Q 0 a� U. o N C � N v Z W o N u Q U) N W w N £ 133HS 33S j-- r 133815 NOlONIHSVM I rC- o9l -ic6 psI Cf -09t .E6 JCt 1NOi8 iv I I.D NI Cl38WIN iC- 091 -if6 fist Z3Jtl/d 60[[3[CY 33[ j IC-09,M v51 S91 O n9t I11v 10 p9! L9l $9i a tl9t p91 d91 e 1 CC -mi 4:6 vCt 09t N91 n9t I a' I Cp-CZt - %p l91 N9t f91 ? it 151 N9{ p9{ i WD iG- 6tO -Br0 f91 3[I 03t J I I t Q I >9l 991 Y5{ $ m 1 Ip -EZ B/0 I � O Ot to � 1 I -133als I rviva i 1 i M1 Lo -ZL/t -warp I vri•t -9r0 1 i • �=/ nlll n LLI IW� J` C) so -m -ero J m I r0- iil -Br0 �B ro -m -Brp F i0- CCI - %0 d x x I tp -al - %p ©m I � M1 3Y 133e. 09 li-ti PBrO OS ,R of -,(D Fa I ot- iitoi %o n- zzl -vro ti fl- zzl - %o d rt -ii l -ero n slvvav 60-til -Pr0 ri f t 310d and Q3 I m ' n O • 0 ' ' o F F C J UR �1 e a R Li w V'� r Z9 zr 1 S'6L az I ” LO- S[I -BW O I Lt- Z[: -pW I ^„ I >[ L� -ttt -Bro � N O n YE � Zf- OLS49f6 BB co-sn -aro 1 " :C- OZL -9f6 I 6:401 - %0 pC ,A G z Of OH S(I- C[L - %p El -fl - %0 LL Q �I .S6 A M Di .SY 1 g Y Y L� L R 1331115 I „V�J � S .LI L1 I w IVj , i j J j I ' o 1 1 O I I >� + W I J 1 0 I m K I Ir 1A �+/ N 1 W I - � _ V 133a1S NIVW O I 1 Z Q �0 8 � m J 1 I Vw � J u Q N m� r uu u 4 IL I R Y/ �3 az wQQ =O H �- Oo Q3 W H O W W Zzo wZ N � LL 04 0 Q pl },SI �Y W aW >O a p U. U o _ 133N15 NOlONIHSVM r— (n z Z 133HS 33S W o �R c W Eq w u. E ESl Q C � E Z9 zr 1 S'6L az I ” LO- S[I -BW O I Lt- Z[: -pW I ^„ I >[ L� -ttt -Bro � I L6 I .n I•- ozs -5fs acf YE � Zf- OLS49f6 BB co-sn -aro 1 " :C- OZL -9f6 I 6:401 - %0 pC ,A .Si Of OH S(I- C[L - %p El -fl - %0 LL Q �I .S6 A M Di .SY so Ln - %o az LO- S[I -BW O L� -ttt -Bro � YE Lb co-sn -aro a -sn -wo •o -Lf -WD a4-SL YM IL OH S(I- C[L - %p El -fl - %0 LL Q A S6 0 0 E VI O r/ N 0 Z Q w LL U_ m; U 1 wm aLL W O ' ¢ ¢ �a m W N ' 3 W 2 ~ az SOS I w wz z O w LL ZZ Z0, a OLLQ W Nz �a > 2 O C c a ~ LL U N� fA i W O' N / Q x 0 W I Sc O 0o Ib _- , IW R /m I o B0. - ` 13aau R < $ I 1 1 e 0 1 ' 0 1 N x N W pR cz��x w �a8 oh � I 2 I 1 m 1 .Bro - 1r vB I c / x 0 W I Sc 1-3 N�3A Y •� I N NIHSbM � S 133HS 33S pR cz��x w �a8 oh N `o VI Y/ O Z 4 z cc w m; u� ws aLL mo W YI =az 00 SOa yam ~a ¢w �i w U. 0 Z y tt LL Q Om W �z <w r O C 2 Q U F LL uo �� > W u a 92 4 133HS 33S A 8 Sc I Sc Xr -- 1JN/NSb,N I h26 I� 1 12 h� W I � � I Wl In 1 � J I LL a �•f< I � 60- S9 ° n .Lt frB•0 �O^ r a sr sc 1 133aiS1� ss'•o I" 6 W < Z5R E � es • ENGINEER'S REPORT PART VI(A) CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) DESCRIPTION OF WORKS OF IMPROVEMENT, TIME ESTIMATE The following improvements are proposed to be constructed and installed in streets and alleys roughly bounded by Adams Street, Ocean Front, "A" Street, and Bay Avenue in the City of Newport Beach. 1. Removal of 27 existing power and telephone poles, and addition of one utility pole and one guy pole at the periphery of the District. 2. Removal of all overhead service drops for both electric and telephone service. 3. Construction of approximately 2,308 linear feet of mainline underground power and telephone conduit, with appurtenant vaults, manholes and pullboxes. 4. Construction of underground cable television conduit with appurtenant facilities. 5. Construction of required service conduit and appurtenances to private property lines for 85 "standard" lots and 7 lots containing condominiums within the District. The improvements will be designed and constructed by the Southern California Edison Company (electric), SBC (telephone) and Adelphia (cable TV). The City of Newport Beach will inspect the work for conformance to applicable City standards and specifications. Once completed, the underground electric, telephone and cable TV facilities will become the property and responsibility of Southern California Edison, SBC and Adelphia respectively. 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 or easements to the points of connection on 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 six (6) months after the sale of bonds. Property owners will be required to provide necessary underground connections within 120 calendar 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 utility companies be directed to discontinue service to that property. Overhead facilities cannot be removed until all overhead service has been discontinued. 19 The general locations of the existing facilities to be undergrounded are shown on the Assessment Diagram in Part V of this 'Report ". THIS SPACE INTENTIONALLY LEFT BLANK F 1] • ENGINEER'S "REPORT" PART VI(B) CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) 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. 75 (Balboa Business District) (hereinafter referred to as the "Assessment District "). L J THE UNDERSIGNED STATES AND CERTIFIED AS FOLLOWS: That all easements, rights -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 rights -of -way, land or easements as owned by said City at the time of the construction of the works of improvement. EXECUTED this 27 day of 200 A, at NewR�ABeach, California. 21 �PHRK G— BADUM, P.E. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA ENGINEER'S "REPORT" PART VI(C) CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 75 (Balboa Business District) 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: 1. The improvements to be constructed under the proceedings in Assessment District No. 75 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. • 1 The undergrounding to be done under Assessment District No. 75 is categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act guidelines because 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 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 marked Exhibit "C" is attached to this Report and is hereby made a part of this Report. 4. All environmental evaluation proceedings necessary for the formation of Assessment District No. 75 have been completed to my satisfaction, and no further environmental proceedings are necessary. EXECUTED this day of Ff1WVW,/ -,20L4, at Newport Beat , California. m ST E BADUM, P.E. • IRE OF PUBLIC WORKS CITY F NEWPORT BEACH STATE OF CALIFORNIA 22 L, 0 0 Exhibit "C" Lx�— r•ti'T KECOIZ.Duky P 0 S T E D CI_ V OF NEWPORT BEALA 6 c'v. GDS OCT 1 12003 3300 Newport Boulevard - P.O. Box 1768 F Newport Beach, CA 92658 -8915 (949) 644 -3311 �� ( TINA UALY. DEPUTY T TO TOM DALY, U04,`nEC; FJcR NOTICE OF EXEMPTION ay, —o= To: F1 Office of Planning and Research 1400 Tenth Street, Room 122 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: Name of Project: Assessment District No. 75 Project Location: Balboa Village, Newport Beach, CA Specific: Area bounded by Adams St., Edgewater Plc., A St., and West Ocean Front Project Location -City: Arewport Beach Project Location- County: Orange Project Description: The project consists of an assessment district to underground existing overhead utilities. Recorded in official Records, County of oram Tom Daly, Clerk- Recorder Exempt Status: (check one) IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIiIIIIIIIIIIIIIIII�IIIIIIIINO FEE ❑ Ministerial (Sec, 21080(b)(1);15268); 200385001348 02 .'39pm 10/17/0; ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); 9D 83 ZD1 ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); 0.00 D.DD D.DD D.DD D.DD D.DD D.DD 0.00 0 Categorical Exemption. State type and section number. Class 2: Replacement and reconstruction: Section 15302. ❑ Statutory Exemptions. State code number: ❑ General Rule (Sec. 15061(b)(3)) Reasons why project is exempt: The Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condition prior to undergrounding does not have a significant effect on the environment. Name of Public Agency Approving Project: City of Newport Beach Date of Approval: Name of Person or Agency Carrying Out Project: Newport Beach Public Works Department Contact Person: Patrick L. Arciniega Title: Associate Engineer Signature: r— e1.No. (949) 644 -3311 Date: 10. 1 % • 03 F:\ USERS\ PHVMMiniepaUDUD ]SNOUrcotFanp�- A6]O.DOe le 0 0 O N O a � n N •-� n V h b n r n b rn rn O w h�� S rNi > O O v C O C N y 9 .. p y O .. Fa Q 4 � v y O U : c 0 q ,O � h O rn rn rn rn rn �O o0 V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N h O o0 00 00 00 V 'V O� V O� to Vi v3 fA v3 v3 v3 h h h h h h h h h N .-Fy. O h b b b b � 'C D M _� .Ni O 69 69 fP 69 69 69 69 F� F7 T R_ Q z y r .vi. h .�-i W W 00 00 00 O� O O� O� O� Vl 69 69 69 69 69 fA x � F � F Z p � > O 0 0 0 0 0 0 0 vi o o �? 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 00 o [L, �° CC F ' " aaaa�aa��aaaxx U o 0 0 0 o axxxxxaxx C 0 0 a o o a a a a a a a a a a Q �.° o ua F W eS U ua eS O F F 0 0. . . . . . . 0 0 0 0 0 0 0 0 0 o F F F F F yti ti 00000 ti ti "eo. .ev. . . . . . . .v. . . a� a x x 0° � � �° �° O r-1 N NN-� ti ti n ti W ti n C S S S S S S S S S S S S S S O O O S O O O S O O O .IJ2 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O P O .a ss ss ss ss vi ss ss ss ss ss ss vpp, ss ss ss ss ss ss sppps ss ss .n ss ss .n ss ss vpp, � b V V O •-i O� M O V o0 •-i �O O� h b b O .-i N r N� h o0 h N O y m N b h V h O� 00 h b O V N o0 N oo N h h O h h h O� V O N O a°. N N O O O O O O O O O O rn rn r rn rn rn rn 0 0 0 0 O� O O O O Z N N N N N N N n n n O O rn O O O O O O O O O O O O O O O N N b �� 00 00 .. 00 00 � 00 00 00 00 00 00 00 N N o0 N N N N N N N N N N N N N Q 0 0 E N m m m m m m m m m m m b U c � G N ti C Q 8 � G O U � � 0 ro a a a a a a a a a a a a a a a o0 m m m m m m N O a a m O ,O y O O O O O O O O O O O O O O O O v a m 0 N y r r r r r r r r r r r r r r r o op op o0 00 00 0o v� 69 a s o0 69 _ .;' 0 69 69 ds 69 69 69 69 69 69 q W m a a a a a a a a a a a a a a O W W W W a a W Opp v�j 609 609 Q ,� al . ry a a a a a a a a a a a a a a a .-i r r r r r r N V•1 '/? r y u a Q" ^y' � 69 69 69 69 69 69 69 fA 69 69 69 69 69 69 69 P � ti m ti ti F .m-i• .mi of ti � � U� 5 � L1 6N°, of 6v of of of of of O O F Q 0W 0� O O O S O S O S zF C > W 000 000 pop o0C W 000 000 000 W 000 W W O 0 0 C 0 F '� Q � O O O O O 0 0 0 0 0 0 O O O O R.1 W W L•-1 W W O ' E°. a E o o o 'd x x x x x x x x x x x x x x x x 0.x a c v v v v v v v v v v v v v v v� oo ao 00 00 U 0o U U U U �j 00 can o 00 � o0 m ^, DD G 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �D v'1 a b b b N �D m v'1 a b o0 •a b� -. op r �D h N a h h a a 0V� W C a m a a r N cmi b ran Vi h W W h r N W .N. rrn U O W O Om a r�� F y F N m N m mm m m Vi Vi 64 Vi Vi Vi Vi Vi Vi Vi Vi Vi Vi Vi Vi Vi Vi Vi Vi Vi fA Vi Vi Vi Vi Vi .-� N m a CO lD O .-i N N N N O -� .mi 0 0 0 0 0 0 b b-- N N N N N N N m m m m m O -- - - - - - - - - - - N N N N N N N N N N N N N N N N Co W p0 0p W m pp m w w w P t2 b d b z N N N N N N N N N N 0 0 v O p v C C N c Ea, 0 U .-+ O q a r o r �o r r w Ca w 0 0 0 r r r r r r G y b O O O\ O lDV N N O\ O\ 00 00 00V v'1 O O 00 O\ 00 O\ 00 v'1 00 v'1 00 00 E ;�, ❑ ,� qo cn fH fH fH fH fH fH fH fH fH ... •.• fH fH fH fH fH fH fH fH fH fH fH fH N fH fH �n fH fH fH u T N R G U 00 lD lD 00 V lD lD V o C� 0 C� 0 0 0 0 0 �o M � . M v v O O in M in M in M o 00 0 lD 0 O 0 OVV � in ti in M in M w N in M �o O in M in ti Q z y a �O O\ O\ v'1 O\ W r 00 r v'1 h c�1 c�1 O 00 O\ fH fH O O v'1 c�1V y^ o0 cn cn O N N N r v'1 C N h N o0 N V N N F a° - ^= - o 0 0 o C4 o N o r o 0 U .y O F � fH fH fn fH fn fn fH fn fH fn fH fH fH fH fH fH fH pUO F 3 Q y w g W F C U m o �°. °o S o° o° °o °o °o °o °o °o °o 05 a° a° o° o° o° a Oo C0 Oo Oo can Oo C0 vo u" W W W ran N N N N N N N O' O O N N a N U N N O V] w N F CIO m U �.- x x h -1 ,.- .1 ..1 co O O O O O O O a 0 o F U E0 E0 E0 O W E E u u y y E E E E E E E E E 8 u u N 0. a rs a z a V U U rs a rs V V V U V V V V N N V . U U m p p p p p o Wa 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fig fH NY fH fA fH !H fH fA fSS9 fropo9 fH fH fig fH fig H fH fH fH fA fH fH fH fiNOg fH !A 49 r v v 0 r a O S 0 0 0 a a b U N a h c��1 .�. Oro a oc V ran N N O 7 h cn fH v'1 fH a fH b fH n b r fH r a b fH n fH cn N fH fH r fH cn fH fH cn fH cn fH �D fH \O fH O\ fH fA fH fH fH fH fH fH fH � .. fA fH fH OZ a O O O O vt M M tV tV tV tV tV tV tV tV tV tV v'1 0'1 0'1 M N1 N1 N1 N1 N1 N1 N1 cn cn cn cn cn cn cn N N N N- n n n n n n n n n n n n n n- n N NNo op o0 00 00 o0 m OO V lD lD lD o0 Op o0 00 00 00 00 00 a0 06 a0 00 00 00 06 00 t0t{0{ { p in in in in in in in r r m w in a a a a a a a a a a h h in �n �n �n Q n n rn cn 0 0 0 r N u O A m N �n r r e a m m N ro in e N e -• > oa �v �y C E�.. N w C y N � ° E U E 7 C N 0 q 7 r o0 0o r O O r O� r O m e m N G o0 o0 vi O O m ao ^� oo r � or o in vi oo m rri oo v oo a a o r M, o v r W, 6 o a r o vi oa ri �'v h r r r co 0o r o o r n r� m vi m in r oo — in in ev — n a U 00 r- r 00 00 P P 00 r r 00 h 00 00 e O r vl vl N r h e n R� E y c N b9 b9 69 b9 b9 b9 b9 b9 b9 69 � N � eA N e Vi n v -. O q b9 b9 b9 b9 b9 b9 69 b9 b9 b9 b9 b9 b9 b9 W n kn o N w N N r N vi vi .-. r O r a V W� 0 69 69 69 69 69 69 W F9 Vi Vi Vi Vi Vi Vi 0= 1 - y y o- N N N --� N N N V1 G C 9 V q a a a a a a a a a a a a ¢ _ O O O O O O O O O O O O F �� � p F F F 0� 0 O 0 0 0 W U 0 0 0 0 0 0 0 a o U U a a a a a U° V U U U° U U V U V V V V V V V V U � � N ren ren ran cen ren ran � � N n _. W .FO-1 .�N-r .N. ti .Nr M � ti rNn rNn cNn rNn cNn .Ny �� o000000go800080080o8000S0000 y = a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Wa «s bs �, �, .n bpps bs bs bs bs bs bs bs by by by bs bs cv «, bs bs bs w bs bs bs w b y u r lD m 00 m e 00 b m m 00 00 r N N �1 r 00 .-i r r N O CO 00 v'1 N °� _ N w'1 h N m O C \D r °� 00 e h °� °� N e r N .. .• F > i» ss ss b9 ss �i ¢ vi bs bs vi bs cs bs bs Fry ss ss ss ri ri M ri � ,� ss ss •• R^ r C° r m oo a ... o as a ... N �n e m oo a N a m ° O R O O N N O N N N .m. N 9 O N m N N m m m m m m m m m � N o0 00 00 a0 lD �D 00 lD �O a0 00 OO 00 00 00 00 00 00 00 00 00 0yy0 0QQ0 00 00 00 00 Q r- O O O O a a O a a O 0 �0a}0 0 0 0 0 O O O O O a c O N 0 O O E r b v E W 0 a 01 y v U C 4 N h 4 N � N L G � w O ` > m U O A 71 0 9 d v o > O Pi N T v'1 cn N •-� 9 N G h y _y ry •Vy y � Q 9 E � C N U " o 0 q ,d y o in in r a in r r a n a U � 00 hV M M 00 � 00 00 M E y O VN9 � � L9 b9 69 6N9 � b9 b9 di � N ^ '� r •-� O O O cn a v' n n NV n v .y. h O a N N cn O Ot O N (� F y vn vi sry sn «i «i a9 wi sv sv ., ai .w F A o A z cp '"° h o 0 0 0 0 0 0°• z c 0 m o r Ln w N Ln 4 �. w = � x x a x a x x U � d =�� j x o000000�000 j 0 j 0 0 0 0 0 o 0 0 0 E' ¢ w Fo- o ai ui ui ui ra pi w 5 o d d a o d v d o E g a o a a a c o U U U UP4 U U G C S S S S S S S S S S S S d y 0 0 6 0 0 6 0 0 0 0 0 6 W N y v'1 cn r r 0 cn a 0 N a r O a b r: T O F w > Q vi vi rf vi rf rf rf rf rf ea c � O O O N O O O �1 y O rl M :o b v E W 0 a 01 y v U C 4 N h 4 N � N L G � w O ` > m U O A 71 0 9 RESOLUTION NO. 2004 -'1 RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT), DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND TO DESIGNATE THE AREAAN UNDERGROND UTITLITES DISTRICT WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 75 (Balboa Business District) (hereinafter referred to as the "Assessment District') to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, this legislative body further desires to ascertain whether area comprising the Assessment District should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "City "); WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, togetherwith appurtenances and appurtenant work in connection therewith, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District; WHEREAS, the assessment proceedings for the Assessment District were initiated by owners of the real property; NOW THEREFORE, Be it Determined, Resolved, and Ordered by the City Council of the City as follows: DECLARATION OF INTENTION SECTION 1. The public interest and convenience require, and it is the intention of this legislative body to order, pursuant to the Act, the construction of the public improvements hereinafter described in and for the Assessment District, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. DESCRIPTION OF IMPROVEMENTS SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: A. The improvements generally consist of the conversion of existing overhead electrical and communication facilities to underground locations within the area generally described as Balboa Business District, which area is generally shown on the Map, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 75 (Balboa Business District). B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineer's Report (described below) and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineer's Report, D. The description of the improvements contained in this Resolution is general in nature, and the plans and profiles of the work as contained in the Assessment Engineer's Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The improvements are of special benefit to the real property within the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District, which is described as follows: All real property and other territory in the proposed Assessment District included within the exterior boundary lines shown on the map exhibiting the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements described above, which map is entitled "Proposed Boundaries Assessment District No. 75 (Balboa Business District)" and was previously approved by this legislative body and is on file with the transcript of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the boundary map. 7 REPORT OF THE ASSESSMENT ENGINEER SECTION 3. The proposed improvements are hereby referred to GFB- Friedrich & Assoc., Inc. (the "Assessment Engineer "), who is hereby directed to make and file a report as required by the Improvement Act, Article MID of the Constitution of the State of California, and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750), such report (the "Assessment Engineer's Report") shall be in writing and contain the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective real property and otherterritory within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the proposed improvements upon the real property in the Assessment District in proportion to the estimated special benefits to be received by the real property, respectively, from such improvements. Such assessment shall refer to such real property upon such diagram by the respective numbers thereof; E. The description of the improvements proposed to be constructed under these proceedings. When any portion or percentage of the assessable costs and expenses of the construction of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subparagraph D above. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500, et seq.), which bonds shall be issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) 3 months from their date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officerto collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above, all of the improvements shall be constructed pursuant to the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements; or D. To call bonds. IMPROVEMENT FUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. Il PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Patrick Arciniega, Project Engineer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 (949) 644 -3347 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the 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. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is also the intention of this legislative body with respect to the improvements to be owned managed or controlled by any other public agency, regulated 5 public utility, or mutual water company, prior to ordering the construction of improvements, to enter into an agreement with each public utility company or public agency, or any combination thereof with respect to the improvements to be owned, controlled or managed by the utility or agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of March, 2004, by the following vote: AYES: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway NOES: None ABSENT: None ABSTAIN: Nichols ATTEST: City Clerk �w �!u Mayor STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -21 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of March, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: None Absent: None Abstain: Nichols IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of March. 2004. (Seal) City Clerk Newport Beach, California RESOLUTION NO. 2004- RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 75 (Balboa Business District) (hereinafter referred to as the "Assessment District') to provide forthe conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, the Assessment District area should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "Ordinance "); WHEREAS, a resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and the utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the "Report") as provided for in and required by the Resolution of Intention, Sections 10203 and 10204 of the Act, Article XI I ID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act') (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law ") and the Ordinance; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted, passed upon, and preliminarily approved, as follows: A. The plans and specifications for the proposed improvements to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective real property interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several property interests in the Assessment District, in proportion to the estimated special benefits to be received by such property interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineers Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district, the proposed assessments, and the designation of the area as an underground utilities district at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on April 27, 2004 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property that is subject to the assessment has the right to submit an assessment ballot in favorof or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each property interest located within the assessment district and subject to a proposed assessment. Each such owner may complete such ballot and thereby indicate their support for or opposition to the proposed assessment. All such ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 A postmark prior to such date and time will not be sufficient. E At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be opened and tabulated. If a majority protest exists, the City Council shall not impose an assessment within the assessment district. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the assessment district exceed the ballots submitted in favor of such assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 5. The City Clerk is hereby directed to mail, in the form and manner prescribed in the Assessment Law and at least 45 days prior to the date of the public hearing, notice of the public hearing and the adoption of the Resolution of Intention and of the filing of the Report, togetherwith the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of March, 2004, by the following vote: AYES: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway NOES: None ABSENT: None ABSTAIN: Nichols ATTEST: ��bVA-1 City Clerk 3 Mayor / STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF NEWPORT BEACH L LaVonne M. Harkless, City Clerk of the Citv of Newport Beach. California, do hereby certify that the whole number of members of the City Council is seven: that the foregoing resolution. being Resolution Nlo. 3004 -33 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of March, 3004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: None Absent: None Abstain: \ichols IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of ;March, 3004. (Seal) Ctty lerk Newport Beach, California