Loading...
HomeMy WebLinkAbout00 - Closed Session Item III.A - Pitet LetterNEWPORT BEACH OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH, CA 92660 PH 949.502.7755 FAX 949.502.7762 CHRISTOPHER L. PITET, MANAGING PARTNER MICHAEL L. CHUNt JOSEPH P. BUSCH.4 III MUZNA ZEITOUNI$ CHASE C. CARLILE ALL ATTORNEYS ADMITTED IN CA tALSO ADMITTED IN HI *ALSO ADMITTED IN MI ATTORNEYS AND COUNSELORS APJURIS.COM LAS VEGAS OFFICE 6671 S. LAS VEGAS BLVD., SUITE 210 LAS VEGAS, NV 89119 PH 702.953.9617 FAX: 877.698.0678 JAY D. ADKISSON, MANAGING PARTNER ADMITTED IN AZ, CA, OK, NV & TX WRITER'S DIRECT E-MAIL WRITER'S DIRECT DIAL NUMBER cpitet@apjuris.com 949.502.7760 July 15, 2021 VIA EMAIL bavery@newportbeachca.gov; ddixonknewportbeachca. gov; ddu fflelnewportbeachca. o�v; kmuldoon(d),newportbeachca.gov; nblom(d),newportbeachca. i�v; ,ioynnewportbeachca.g woneill&newportbeachca.gov; lbrownknewportbeach.ca. e o�v; bgoodman knewportbeachca. gov Honorable Mayor Brad Avery Members of the City Council c/o Leilani I. Brown, City Clerk 100 Civic Center Drive Newport Beach, CA 92660 Re: Proposed Assessment District No. 124 (Undergrounding of Utilities on Central Balboa Island) Dear Honorable Mayor Avery and Members of the City Council: My firm represents a group of individuals who own properties on central Balboa Island ("Balboa") and who are deeply concerned about the formation of proposed Assessment District No. 124 ("AD 124"), which, if passed, will result in a substantial special assessment on all parcels on Balboa to fund the undergrounding of utilities in AD 124. The purpose of this letter is to: (1) make you aware of legal flaws with the voting process that is currently in progress to determine if there is a "majority protest" concerning AD 124; and (2) to respectfully request that the City of Newport Beach (the "City") re -set the hearing scheduled for July 27, 2021 so that the voting process can be conducted in conformity with the law. By way of background, on February 23, 2021, the City Council adopted Resolution No. 2021-12, in which it found that more than 60% of the owners on Balboa had signed and submitted a petition requesting the implementation of a project for the undergrounding of overhead utilities on Balboa. Based on the petition, the City Council resolved that "special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 ...." Letter to Newport Beach City Council RE: AD 124 July 15, 2021 Page 2 In connection with Resolution 2021-12, the Council also agreed to approve a Professional Services Agreement with NV5, Inc. ("NV5") for Assessment Engineering Services. According to the "Scope of Services" attached to the Agreement, the City delegated to NV5 responsibility for the process of determining whether there is a majority protest to AD 124, including, but not limited to, mailing ballots and other required information to all property owners on Balboa and counting those ballots at a public hearing. On June 8, 2021, the City Council adopted Resolution Nos. 2021-50 and 2021-51. Resolution No. 2021-50 constituted the City's "Declaration of Intention" to proceed with the formation of AD 124. Through the Council's adoption of Resolution No. 2021-51, the City approved NV5's "Assessment Engineer's Report" and set a public hearing on AD 124 for July 27, 2021. The purpose of the public hearing is to "hear and consider protests and objections to the proposed Assessment District and the Report and to receive and count the ballots for and against the proposed Assessment District." On or about June 10, 2021, NV5 purportedly mailed ballots and other information to all persons owning property on Balboa. Thus, as of the date of this letter, the ballot process is currently underway. According to the ballot materials that were mailed, owners must return the ballots to the City Clerk by 4:00 p.m. on July 27, 2021, which is the date of the public hearing referenced above. As the City Council undoubtedly knows, the formation of an assessment district such as proposed AD 124 is governed by a number of constitutional and statutory requirements. As California appellate courts have repeatedly made clear, strict compliance with these requirements is mandatory; any failure to comply renders the assessment district invalid. That said, I now turn to the provisions that are pertinent here. Article XIIID of the California Constitution, which was added to the Constitution when voters approved Proposition 218 in 1996, contains a number of provisions governing the ballot process for determining whether a "majority protest" to an assessment district exists. The pertinent provisions are as follows: (c) The amount of the proposed assessment for each identified parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire district, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time, and location of a public hearing on the proposed assessment. Each notice shall also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement that the existence of a majority protest, as defined in subdivision (e), will result in the assessment not being imposed. NEWPORT BEACH OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH, CA 92660 PH 949.502.7755 LAS VEGAS OFFICE 6671 S. LAS VEGAS BLVD., SUITE 210 LAs VEGAS, NV 89119 PH 702.953.9617 Letter to Newport Beach City Council RE: AD 124 July 15, 2021 Page 3 (d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c) shall contain a ballot which includes the agency's address for receipt of the ballot once completed by any owner receiving the notice whereby the owner may indicate his or her name, reasonable identification of the parcel, and his or her support or opposition to the proposed assessment. (e) The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. Cal. Const., art. XIIID, § 4 (emphasis added). California Government Code Section 53753 sets forth the procedures for the ballot process and determining whether a majority protest to a proposed assessment district exists. The statute provides, in pertinent part, the following: (b) Prior to levying a new or increased assessment, or an existing assessment that is subject to the procedures and approval process set forth in Section 4 of Article XIIID of the California Constitution, an aggency shall give notice by mail to the record owner of each identified parcel. Each notice shall include the total amount of the proposed assessment chargeable to the entire district, the amount chargeable to the record owner's parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, and the date, time, and location of a public hearing on the proposed assessment. 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. On the face of the envelope mailed to the record owner, in which the notice and ballot are enclosed, there shall appear in substantially the following form in no smaller than 16-point bold type: "OFFICIAL BALLOT ENCLOSED." An agency may additionally place the phrase "OFFICIAL BALLOT ENCLOSED" on the face of the envelope mailed to NEWPORT BEACH OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH, CA 92660 PH 949.502.7755 LAS VEGAS OFFICE 6671 S. LAS VEGAS BLVD., SUITE 210 LAs VEGAS, NV 89119 PH 702.953.9617 Letter to Newport Beach City Council RE: AD 124 July 15, 2021 Page 4 the recorded owner, in which the notice and ballot are enclosed, in a language or languages other than English. (c) Each notice given pursuant to subdivision (b) shall contain an assessment ballot that includes the agency's address for receipt of the ballot and a place where the person returning the assessment ballot may indicate his or her name, a reasonable identification of the parcel, and his or her support or opposition to the proposed assessment. Each assessment ballot shall be in a form that conceals its contents once it is sealed by the person submitting the assessment ballot. Each assessment ballot shall be signed and either mailed or otherwise delivered to the address indicated on the assessment ballot. Regardless of the method of delivery, all assessment ballots shall be received at the address indicated, or the site of the public testimony, in order to be included in the tabulation of a majority protest pursuant to subdivision (e). Assessment ballots shall remain sealed until the tabulation of ballots pursuant to subdivision (e) commences, provided that an assessment ballot may be submitted, or changed, or withdrawn by the person who submitted the ballot prior to the conclusion of the public testimony on the proposed assessment at the hearing required pursuant to subdivision (d). An agency may provide an envelope for the return of the assessment ballot, provided that if the return envelope is opened by the agency prior to the tabulation of ballots pursuant to subdivision (e), the enclosed assessment ballot shall remain sealed as provided in this section. (4) 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. Cal. Gov't Code § 53753 (emphasis added). Especially pertinent here, under Government Code Section 53750, "agency" is defined as "any local government ...." Further, a "record owner" means "the owner of a parcel whose name and address appears on the last equalized secured property tax assessment roll, or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the agency." Cal. Gov't Code § 53750(a) and 0). NEWPORT BEACH OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH, CA 92660 PH 949.502.7755 LAS VEGAS OFFICE 6671 S. LAS VEGAS BLVD., SUITE 210 LAs VEGAS, NV 89119 PH 702.953.9617 Letter to Newport Beach City Council RE: AD 124 July 15, 2021 Page 5 Considering the above requirements and the facts that we have uncovered as a result of our investigation, it is abundantly clear that the ballot process that the City has employed for AD 124 is fatally defective. As a threshold matter, the City did not perform the mailing of ballots as required by Government Code Section 53753(b). To the contrary, a third party — NV5 — carried out the mailing. While the City might take the position that it had the ability to delegate the mailing of the ballot materials to NV5, the position would have no merit. The statute says that the "agency" must mail the ballot materials. Although the statute expressly states that the City may use a third -party vendor to tabulate the ballots provided that certain procedures are followed — see Cal. Gov't Code § 53753(e)(1), there is no statutory authorization for the City to use a third party to handle the critical task of mailing the ballot materials to parcel owners. The City's use of NV5, especially given its role as the Assessment Engineer and the financial benefits it stands to receive if AD 124 is formed (as admitted by Jeff Cooper of NV5), renders the ballot process fatally defective. Putting aside the fact that NV5 should not have performed the mailing of the ballots in the first place, the evidence we have uncovered demonstrates that NV5 unquestionably failed to mail in the manner required by law. As stated above, the City is required to mail the ballot materials to all "record owners." Cal. Gov't Code Section § 53753(b). The identity of record owners must be determined by using the "name and address [that] appears on the last equalized secured property tax assessment roll." Cal. Gov't Code Section § 537500). That is not what happened here. And as I demonstrate below, NV5's failure to use the last tax assessment roll has resulted in property owners not receiving the ballot materials. According to the City, NV5 determined the identity of owners for purposes of mailing by using data obtained from yet another third party — a company named ParcelQuest. While it is presently unclear where ParcelQuest obtained its data, the evidence we have uncovered makes it clear that it did not obtain the data from the "last assessment roll" as required by law. The examples set forth below show that wherever NV5 obtained its data for mailing ballot materials, the data was unquestionably erroneous and/or stale by as much as two years. 1. APN 050-123-11 According to information produced by the City, the ballot was addressed to "Visel Jon J & Patricia L." (See Exhibit 1.) Patricia Visel has been dead for approximately 20 years, and the property has not been in her name since 2019 (according to a chain of title search). The assessor's roll, as evidenced by the attached property tax bill, shows the property to be in the name of "Visel John J TR JJ Visel Family Trust." (See Exhibit 2.) If the assessor's roll had been used, the ballot would have been addressed to the latter. NEWPORT BEACH OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH, CA 92660 PH 949.502.7755 LAS VEGAS OFFICE 6671 S. LAS VEGAS BLVD., SUITE 210 LAs VEGAS, NV 89119 PH 702.953.9617 Letter to Newport Beach City Council RE: AD 124 July 15, 2021 Page 6 2. APN 050-161-12 According to information produced by the City, the ballot was sent to an address in Anaheim, which is incorrect and explains why this owner did not receive a ballot. The assessor's roll, however, as evidenced by the attached property valuation notice, has the correct address in Fullerton. (See Exhibit 3.) Had NV5 used the last assessor's roll as it was required to do, the parcel owner would have received a ballot. 3. APN 050-063-02 According to information produced by the City, the ballot was addressed to "Von Kleinsmid, Lauren" at a mailing address in the City of Costa Mesa. The last assessor's roll, as evidenced by the attached property tax bill, shows the property to be in the name of "Von Kleinsmid, Marilyn Fyke TR M F Von Kleinsmid F" with the correct property address in Newport Beach. (See Exhibit 4.) This explains why this owner did not receive a ballot. Again, if the last assessor's roll had been used, the ballot would have been addressed to the latter. Again, I am not sure where NV5 got its data, but it was not from the assessor's roll. Or, if it was from the assessor's role, it was not the "last" one as required by California law. It is critical for you to understand that the above examples came from a small group of about 14 parcel owners who just happened to attend an informal gathering of owners. Thus, NV5 used incorrect mailing information for approximately 21% of the owners who attended this meeting. If we apply that percentage to the total number of parcels on Balboa, NV5 used incorrect mailing information for approximately 193 parcels (20% * 966 parcels). While that would not necessarily mean that 193 owners did not receive ballots, it clearly demonstrates that a substantial number of owners did not receive ballots as required by law. As the Council knows, there is a lot at stake here. If AD 124 is formed, all Balboa parcels will be subject to an assessment of an amount averaging $33,971. If the majority of property owners truly want AD 124 formed and to be subject to such an assessment, then my clients are willing to accept that result. But given how the voting process has been carried out for AD 124, there is no doubt that many owners are being deprived of the ability to have a say in the matter. This is improper and illegal. The City Council has a unique opportunity to remedy the above problems and make sure that all property owners have an opportunity to be heard on the formation of AD 124. The Council can do this by canceling the July 27, 2021 hearing, conducting the ballot process in conformity with the laws set forth above, and holding a new hearing where the votes can be properly tabulated. In sum, if there is a problem with the ballot process (and there is), it should be fixed now before the City incurs additional costs for an invalid assessment district. NEWPORT BEACH OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH, CA 92660 PH 949.502.7755 LAS VEGAS OFFICE 6671 S. LAS VEGAS BLVD., SUITE 210 LAs VEGAS, NV 89119 PH 702.953.9617 Letter to Newport Beach City Council RE: AD 124 July 15, 2021 Page 7 We look forward to the City's response. Respectfully, given that the date of the hearing is on July 27, 2021, we would ask the City to provide a response no later than the close of business July 19, 2021. Thank you in advance for your consideration of this matter. Very truly yours, Christopher L. Pitet cc: Aaron Harp (aharp@newportbeachca.gov) Brian P. Forbath (bforbath@stradlinglaw.com) NEWPORT BEACH OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH, CA 92660 PH 949.502.7755 LAS VEGAS OFFICE 6671 S. LAS VEGAS BLVD., SUITE 210 LAs VEGAS, NV 89119 PH 702.953.9617 EXHIBIT I mo - � � Q < n p Q W CDH Z 7 i 11 v � d j 30 0 w ;o 10 rn 4A C o ft'i m D r � m y - `� i u� t'1 a'3 _ z o f, J a O r mrm n p z CG T c fn N 4 642 City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 VISEL JON J & PATRICIA L 204 APOLENA NEWPORT BEACH, CA 92662 OFFICIAL ASSESSMENT BALLOT City of Newport Beach Assessment District No. 124 Assessment Number: 642 Assessor's Parcel Number: 050-123-11 Parcel Address: 204 APOLENA AVE The proposed Maximum Assessment: $ 33.630.95 The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner. Please see "Summary of Assessment Balloting Procedures' on the back of this ballot for assistance in filling out the ballot. If there are two or more property owners, only one needs to sign and return the ballot. Please mark your ballot in ink. Do not use pencil. BALLOTS MUST BE SIGNED TO BE VALID, Upon completion, fold the assessment ballot, place it in the return envelope and seal the envelope. Mail or deliver the assessment ballot to the address shown on the return envelope pursuant to the instructions on the back of this ballot. Please see the "Summary of Assessment Ballot Procedures" on the back of this sheet. For additional information about City of Newport Beach Assessment District No. 124, please see the enclosed legal notice. This is not a bill. Please eut along this line. , fold the ballot. seal in the provided envelope, and return to the Citv Clerk 5<' PROPERTY OWNER ASSESSMENT BALLOT Assessment Number: 642 Assessor's Parcel Number: 050-123-1 1 Owner Name: VISEL JON J & PATRICIA L J Maximum Assessment for this Parcel: $ 33.630.95 ❑ Yes, I am IN FAVOR of City of Newport Beach Assessment District No. 124 and the levying of Jthe proposed Assessment and the annual administrative cost assessment Q ❑ No, I am OPPOSED to City of Newport Beach Assessment District No. 124 and the levying of the proposed Assessment and the annual administrative cost assessment The undersigned certifies under penalty of perjury that the undersigned is entitled to complete and submit this assessment ballot. Signature of person completing assessment ballot Print name of person completing assessment ballot SUMMARY OF ASSESSMENT BALLOT PROCEDURES If you are the owner of the property described on the enclosed ballot, or the authorized representative of the record owner, you may submit the enclosed ballot to the City to support or oppose the formation of the City of Newport Beach Assessment District No. 124 (the "Assessment District"). Please follow the instructions below to complete and return your ballot. I. Register your vote on the enclosed ballot in favor or against the formation of the proposed Assessment District by placing an "X" in the corresponding box. Mark and sign your ballot in pen. (Assessment Ballots received without a signature will not be counted.) Do not use pencil. 3. Place your ballot into the provided return envelope and seal the envelope. Mail or personally deliver your ballot to the City Clerk of the City of Newport Beach, 100 Civic Center Drive. Newport Beach, CA 92660. The City must receive mailed assessment ballots by 4:00 p.m., July 27, 2021. Postmarks will not be accepted. 5. Assessment Ballots must be received by the City Clerk prior to the close of the Public Hearing concerning the proposed Assessment District on Tuesday, July 27, 2021, at the Newport Beach City Hall Council Chambers. The Public Hearing is scheduled for 4:00 p.m. Any ballots received after the close of the Public Hearing cannot legally be counted. 6. Following the close of the Public Hearing, the City Clerk or designee will tabulate the assessment ballots received. The ballots are weighted by the assessment amount for each property. (Simplified, this means one vote per each dollar of assessment.) 7. The formation of the Assessment District may be confirmed unless a majority protest exists. A majority protest exists if.. upon the close of the July 27, 2021 Public Hearing, the monetary value of the ballots submitted in opposition to the formation of the Assessment District exceeds the monetary value of the ballots submitted in favor of the formation of the Assessment District. 8. If a majority protest exists based upon the value of the ballots received by the City Clerk, prior to the close of the July 27, 2021 Public Hearing, the Assessment District will not be formed. 9. Your assessment ballot is not confidential and may be subject to public disclosure. The information in this notice and the accompanying materials were compiled and are distributed at public expense by the Citv of Newport Beach in compliance with Proposition 218. This information is presented in the public interest. It is not intended to influence or attempt to influence the actions of the voters to vote "yes " or "no " on the enclosed ballot. Re: 100 Civic Center anve, Bay 2p Newport Beach, California 92660 949 644-3330 1 949 644-3308 FAX new port beach ca.gov June 10, 202I Assessment Ballot — City of Newport Beach Assessment District No. 124 NOTICE OF PUBLIC HEARING — JULY 27, 2021 Dear Property Owner: Enclosed with this letter is the official Assessment Ballot for the City of Newport Beach Assessment District No. 124. Please complete the ballot and return it to the City Clerk of the City of Newport Beach sealed in the envelope provided by 4:00 p.m., July 27, 2021. Your sealed ballot may be sent via US Mail or hand delivered to the City Clerk of the City of Newport Beach, but it must be received prior to the time and date specified, The votes will be tabulated at a regular meeting of the City Council of the City of Newport Beach on July 27, 2021 at 4:00 p.m. As a property owner, you arc voting for or against the proposed assessment clearly indicated in the top portion of the ballot. This figure represents the maximum amount that may be assessed for the portion of the underground utilities improvement that will benefit your property. The total is based on construction cost estimates prepared by a licensed civil engineer which includes soft costs such as design, permitting, legal expenses, and other necessary expenses. The assessment amount also includes the cost to issue municipal bonds (the "Bonds") to provide long term financing. The assessment district formation process is governed by State law. The assessment will be approved if a majority of respondents vote in favor of the assessment. It is important that you submit your ballot to ensure that your vote is considered in the tabulation. If the assessment is approved, you will have the option of paying the total assessment over a period of 20 years, with payments collected as a line item on your bi-annual property tax bill. Alternatively, you will have the options of making a one-time cash payment for the assessment, less financing costs, on two separate occasions: (1) within thirty (30) days after the assessment is approved and (2) approximately ninety (90) days prior to the issuance of any Bonds. The City shall provide notice to all property owners of the opportunity to make such one-time cash payment prior to the periods set forth in the preceding sentence. These options will be communicated to you in a letter that will be sent following the vote. To ensure that adequate funds are collected to complete the desired underground utilities improvements, the cost estimates and the assessment amounts are conservative in nature. The actual assessment amount may be reduced if cost savings are realized during the financing stage. In this case, future assessments would be appropriately reduced and rebates would be issued to property owners who paid cash during the cash payment periods. This would occur upon completion of the project. Details of the proposed assessment district, including cost estimates and detailed boundary diagrams, are provided in the Preliminary Engineer's Report which is available on-line under the June 10, 2021 Page 2 of 2 Assessment District 124 tab on the City's Assessment District website page that can be found at httr):rhiewportbeachca.gov/ADstatus. You may contact Michael J. Sinacori, Assistant City Engineer of the City of Newport Beach directly with any questions or inquiries. Mr. Sinacori can be reached by telephone at (949) 644-3342 or by email at msinacori@newportbeachca.gov. Your cooperation in this matter is greatly appreciated. Attachments: Sincerely, Y-6L, Michael J. Sinacori, P.E. Assistant City Engineer 1) Official Ballot 2) Summary of Assessment Ballot Procedures 3) Notice of Proposed New Assessments and Assessment Ballot 4) Method of Assessment 5) Boundary of Proposed Assessment NOTICE OF PROPOSED NEW ASSESSMENTS and ASSESSMENT BALLOT for the City of Newport Beach Assessment District No. 124 The CITY OF NEWPORT BEACH GIVES NOTICE that 1. Purpose of Assessments. The City of Newport Beach is proposing to levy new assessments in the proposed City of Newport Beach Assessment District No. 124 that includes your property. The purpose of the assessment is to fund the estimated costs of underground utility improvements within Assessment District No. 124 and all related administrative, financing and incidental costs, including the costs of forming Assessment District No. 124. 2. The Assessments. The total of the proposed assessments for the whole Assessment District No. 124 will not exceed $32,815,700.00. The provosed total assessment on your 12roperly is identified on the ballot included herein. Information on the way the assessments are calculated is included as an attachment to this Notice. Please read it carefully. If the assessments are confirmed, the unpaid assessments, unless paid in cash, will continue to be collected against the properties in Assessment District No. 124 on the property tax bill as long as needed to pay installments of principal and interest on the proposed bonds, but not for more than 20 years from the second day of next September. If the assessments are confirmed, you will receive new notices telling you of your option to pay all or part of the final assessment in cash, or allow it to go to bond over a period of not more than 20 years from the second day of next September. The proposed total assessment assumes an interest rate on the bonds of approximately 5.00%. However, currently interest rates are approximately 2.50%. Annual City administrative fees shall not exceed one hundred dollars ($100) per parcel per year, subject to an annual increase based on the Consumer Price Index during the preceding year ending in January for all Urban Consumers in the Los Angeles, Riverside and Orange County areas. It should be expressly understood that the annual administrative assessment, as set forth above, is separate from and is in addition to the $1 b.00 per parcel collection fee which will be added to each annual installment pursuant to Section 8682 of the California Streets and Highways Code, and is further separate from and in addition to specific fees payable to the City in connection with (a) prepayments of assessments by property owners, (b) apportionments of assessments to reflect divisions of parcels and (c) late charges and penalties which become payable in the event of delinquency in the payment of assessment installments by December 10 and April 10 of each year. The proposed total assessment on your property as identified on the ballot included herein cannot be increased without another assessment hearing and ballot. Each owner of property located within the assessment district would be responsible for arranging for, and paying for, the work on his or her property necessary to connect facilities constructed by the City on public rights - of -way to the points of connection on their private property. The cost of the conversion of the individual service connections on private property to the systems is not included in the work to be financed through the assessment district. Failure to convert individual service connections on private property may result in a fine, an assessment for the conversion cost, or loss of service. 3. Public Hearing. On July 27, 2021, at 4:00 p.m., the City Council of the City of Newport Beach will hold a public hearing at its regular meeting place City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California, to take public testimony, hear protests, tabulate the Assessment Ballots and take final action on the levy the assessments. 4. Assessment Ballot. Any time before the end of the public hearing, any property owner in the Assessment District may submit the Assessment Ballot, which is part of this Notice, to the City Clerk. To do so, the owner must cut off the Ballot portion; mark the Ballot either "I am in Favor" or "I am Opposed". SIGN THE BALLOT and put it in the return envelope provided with this Notice. Seal the envelope and return it and the Ballot by mail or by hand delivery to the City Clerk. ANY BALLOT RETURNED UNMARKED, UNSIGNED OR NOT ENCLOSED IN THE RETURN ENVELOPE WILL BE REJECTED AND NOT COUNTED. The Ballot may be submitted, changed or withdrawn at any time before the end of the public hearing. If you need a replacement Ballot, contact the person shown below. The Assessment District may not be formed and the Assessment may not be imposed if the Ballots submitted in opposition to the assessment outweigh the Ballots submitted in favor of the assessments, with each Ballot weighted according to the amount of the proposed assessment on the property to which that Ballot relates. (This means I vote for each $1 of assessment.) 5. More Information. For additional information about the assessments, the Ballot or Assessment District No. 124, contact Michael J. Sinacori, Assistant City Engineer of the City of Newport Beach at 100 Civic Center Drive, Newport Beach, California 92660, or by telephone at (949) 644-3342. The Preliminary Engineer's Report and other written material about the Assessment District may be reviewed at the City Clerk's offices at the above address during regular business hours. The report is also available online under the Assessment District 124 tab on the City's Assessment District website page that can be found at littp:./inewl2ortbeachea.gov/ADstatus. Dated as of June 10, 2021 Leilani I. Brown City Cleric, City of Newport Beach T m Zm cn cn CC O CD m m O N O m o m p p m p ^, Dm m ^p0' Z z C D Z m r)- m COLLINS AV'CNUE 1, �"7 no0 6 - - _ - - - N B COLLINS AVE T ',1 Z mmmmmmmm.'a mmm?mC©mmmmmmm mmmmmmmm0 p 0 Ln m mmm m mmmmm mmmWl mmmmmmmma mmmm m m m r'n m ' RUBY AVENUE - _ mmm � RUBY AVE e mmmmOmmmmm� mmmmmmmmmmmammmmm@mm m ID mmaWD m m m mmm m m m m m rl„ ,DIAMOND m jT AVENUE _DIANEDtJD z O O D m mmmammmmm mmmmammammmmm ammmmmmmmmmm m Inz m 0 o m mmm m mm > f mmm m a m®m mmm m m m mLn m W m m 5APPRIRE AVENUE _ m r D D Z Z Z m m m mmmmmmmmmm mmmmmmmmmmmm m" mmmmmmmmmmmmmm m m o pLei m m® m$ mmmemommmam m m lr/1 X co m m m CDRAL j v 3 m 9= m m AVENUE CORALY AVE T m Yw+ m m m m m m m m m m m m m m m m m m m m m m m e D Z m mmm ommmmmm mmmm m m X uq O m mmm m mmm mmmm mmmmmmmmmmmmmmm D m n m n APOLENA Ay£NllE - O Z m 4 v o- '. O APOLENA J AVE C � �� m mmmmmmmmmm � •- � c � "' _ =� Z mmOmmmmmmmmmm mmmcSmmmmmOmmma - � "0' m mm mmm m m mmlIDmmmmmm mmmmc4mmm mmmmmm V AMETh'Y$T & AVENUE ~ - �uo m o = - _ - - AME-,ST AVE © 6 3 i 8 '7 8 E�. �A4¢ � mmm®mmmmm � mmmm Qmm Qmm mmm - .• + ^ 0 r —I a m mm m m mmommammo Dp© o O J., D m mmmmm mmm4m mmmm n mm m ®ammrtimm m m mMzyn OcDn D n z rm- nNrx u AVENUET p QNYK C (/) �r Sn(A m �z € 92 a � � y�2ez"a c ep - A Zm p �^ �'T' wn m m mmammmmm mmmmo _ u y cn {n �' m oo©a moammmmmmmmmmm F N O O m m m O m m m m mmmmmmm mmmm m m m Omm mmm m z O m ♦— m r ® 6 MARINE - AvENu vi TI m R P£ E a R L m m ommmaomm o m mmm m mmmmmmm mmmmmmm (ID ID mmm m m �m m mm m mm mmmm m m m V U'i cD n_ m V) 0 K T1 M z Z m � C �0 1 1' D N^ _ T E Ln V) m Ln K m z City of Newport Beach Utility Improvements Assessment District No. 124 METHOD OF ASSESSMENT A. Back ound Assessment District jurisprudence requires that assessments levied pursuant to the Municipal Improvement Act of 1913 be based on the "special benefit" properties receive from the Works of Improvement. However, the law does not specify the method or formula that should be used to apportion the assessments in Assessment District proceedings. In addition, Article XIIID of the California Constitution, added in November 1996 through the passage of Proposition 218 by voters of the State of California, requires. inter alia, that (i) only special benefits be assessable, (ii) no assessment may exceed the proportional special benefit conferred on the parcel assessed, and (iii) publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such publicly owned parcels receive no special benefits from the improvements for which the assessment is levied. "Special benefit" is a particular and distinct benefit over and above general benefits conferred on real property located in the Assessment District or to the public at large. Importantly, the general enhancement of property value does not constitute special benefit. Methodologically, it is necessary and essential to identify the special benefit that the improvements will render to the properties within the Assessment District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to the general public. All costs associated with the financing of the improvements are to be fairly distributed among the lots and parcels within the Assessment District based upon the special benefit received by each lot and parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred upon it. In sum, each of the properties benefiting from the improvements proposed for the Assessment District will be assessed only for the special benefit conferred on such properties. The Assessment Engineer is appointed for the purpose of analyzing the facts and determining the method and formula for apportionment of the assessment obligation to the benefited properties. For these proceedings. the City has retained the firm of NVS, Inc. as the Assessment Engineer. The Assessment Engineer makes his or her recommendation for the method of apportionment in this Preliminary Engineer's Report for consideration at the public hearing. The final authority and action rests with the City after hearing all testimony and evidence presented at the public hearing and the tabulation of the assessment ballots. Upon conclusion of the public hearing, the City must make the final action in determining that the assessment has been made in direct proportion to the special benefit received. Ballot tabulation will then be completed, and if a majority of ballots received, weighted by assessment amount, do not protest the assessment, then the City may establish the Assessment District. B. Special Benefit In further making the analysis, it is necessary that the properties receive a special benefit distinguished from general benefits conferred on real property located in the District or to the public at large. The purpose of this Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities as well as rehabilitate the affected portions of streets and alleys within the District, including some street light replacements. These facilities are the direct source of service to the properties within the Assessment District. The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing utility poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to, or in near proximity of, the facilities as follows: • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. For the purposes of this report, a street is defined as either a street or alley. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are directly adjacent to overhead facilities receive an aesthetic benefit. This benefit is based on the area of the parcel_ • Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in areas like Central Balboa Island, the negative effects of falling lines and poles are widespread including blocked driveways and property damage due to impact. Many of the streets are narrow with one-way only designations. Alleys are often used as a travelway rather than just ingress and egress to properties. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. This benefit is based on the average area of the parcels in the District. • Reliability Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due' to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. When compared to overhead systems, fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a reliability benefit. This benefit is based on the average area of the parcels in the District. By virtue of such special benefits, the proposed improvements will provide a higher level of service, increase the desirability of the properties and will specifically enhance the values of the properties within the Assessment District. Therefore, the proposed improvements are of direct and special benefit to these properties. ON -t- Good I co�� C. Apportionment Methodology Based upon the findings described above, the special benefit received by the properties within the boundaries of the Assessment District is the conversion from an overhead to an underground utility system resulting in additional safety, enhanced reliability, and improved aesthetics to the adjacent properties. Based on these conditions, it is our conclusion that the improvements specially benefit all assessed properties in the Assessment District. /} To establish the benefit to the individual parcels within the Assessment District, the highest and best use of each_property is considered. For example, a vacant property is considered developed to i s ig est potential and connected to the system. The more a property is developed, the more it benefits from the proposed improvements. All of the properties within this Assessment District are zoned residential. There is a direct correlation between the size of a property and the extent to which a property may develop. Because parcel size is one of the main limiting factors for what can be built on a property, or the extent the property is developed, the size of each parcel is used as the base unit for measuring benefit. The special benefits from the undergrounding of overhead utilities are categorized into the three (3) distinct benefits identified above. All parcels within the District receive 3 of the 3 benefits. For the Improved Aesthetics Benefit, the parcel area is multiplied by 1 to calculate the "Aesthetics Benefit Area." For the Reliability Benefit and Safety Benefit, the average parcel area within the district is determined and applied to the parcel, the "Reliability Benefit Area" and "Safety Benefit Area" are the average size of parcels in the District. The Assessed Benefit Area per parcel is equal to the Aesthetics Benefit Area plus the Safety Benefit Area plus the Reliability Benefit Area, divided by 3. Each parcel will be apportioned its fair share of the construction costs based on the Assessed Benefit Area calculated for each property. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. O co CD N C Q m a. C a)� U [0 �Z.-v U b L) ' a m UU,Z co�� W V j (� p I CN � 7 CO o z E T, to O N 5) V) (a w ¢a M ? EXHIBIT 2 o Shari L. Freidenrich, CPA Orange County Treasurer - Tax Collcctor _ O P.O. BOX 1438 • Santa Ana, CA 92702-143B 0 601 N. Ress Street, Building 16, Santa Ana Office Hours:8:00 AM-5:00 PM Monday - Friday 9t Phone Hours; 00 AM-5:00 PM (714) 834 3411 Ogg orgm.comleclaxhilI 2020-21 SECURED PROPERTY TAX BILL For Fiscal Year Beginning July 1, 2020 and Ending June 30, 2021 w 791tS-W1-,91eSTMT----- 92469100'013 #BWNLBHV ""*"AUTO"SCH 5-DIGIT 92625 #050.1 2311 2020 6# 11111111rlrilIrrIIIIIIIrl"Il111111rilulrlrllllurl��lllirlrir VISEL, JON J TR J J VISEL FAMILY TR 204 APOLENA AVE NEWPORT BEACH CA 92662-1216 R OWNER OF RECORD AS Or 12:01 AM, JANUARY 1, 2020 JON J TR J J VISEL FAMILY TR . 050-123-11 07-067 $987.07 IMPORTANT*R• you so �s pr e y o 0 on er own I , you c n Isr ga ' gAS1C LL'V' Property taxes are the responsibility of the new owner. Contact the COAST COI Office of the Assessor at (714) 834-2727 regarding ownership changes, NEWPORT i METRO WA SPECIAL A: MOSQ,FtRS VECTOR Ci MWD WATE I/ h OCSD SEW ! V TOTAL CHI No N HOMEOWNER CLAIMANT IS VISEL, JON J v v n FOR D THERE WILL BE A $26.00 FEE FOR EACH PAYMENT F _ REFAIN TOP_PORTION FOR yogR fiECQRDS- IF PAYING erY CHECK yCl R CANOE EXHIBIT 3 �� 97 OFFICE OF THE ASSESSOR o 0 CLAUDE PARRISH 9NFOR� PROPERTY VALUE NOTICE 2021-2022 TAX YEAR #BWNKSXT *Auto* 100,934/371 #0501 6112 4# ALLEN, SCOTT H TR SKMC FAMILY TR 2829 DEL ORO LN FULLERTON CA 92835-1812 I��P11�Irrl�llll111�11�1�11111n�111111n1n11�11111111�u1�11 SECURED PROPERTY VALUATION (THIS IS NOT A TAX BILL) P.O. Box 149 Santa Ana, CA 92702-0149 (714) 834-2727 .ic�w.c�m!asc�wi Date: JUNE 25, 2021 Property Address: 204 AMETHYST AVE Owner on January 1: ALLEN, SCOTT H TR SKMC FAMILY TR The property referenced above has been reviewed by the Assessor Department for the 2021-2022 tax year. Market conditions, comparable sales information and any new construction that occurred between January 1 and December 31, 2020 have been considered during our review. The property tax bill you receive this fall will be based on the 2021-2022 Proposition 13 Factored Base Year Value listed below. The Proposition 13 Value is based on the market value of your property when it was acquired, PLUS any new construction, PLUS an inflation rate of no more than 2% per year. Under certain circumstances your taxable value can increase by more than 2% per year (such as a change of ownership, new construction, market value restoration, because of a Prop 8 reduction). The Proposition 13 Value is the maximum taxable value to which your assessment can be increased. The market value of this property was greater than the Proposition 13 Value on lien date, January 1, 2021. THE 2021-2022 CALIFORNIA CONSUMER PRICE INDEX (CPI) INFLATION RATE OF +1.036% IS INCLUDED IN THIS ASSESSMENT. UNDER PROPOSITION 13, THE CPI INFLATION CAN BE UP TO A MAXIMUM OF +2.00%PER YEAR. 2021-2022 PROPOSITION 13 FACTORED BASE YEAR VALUE (YOUR TAXABLE VALUE) Land 1,876,907 Buildings & Improvements 123,093 Other Improvements 0 Personal Property 0 Total Assessed Value 2,000,000 Net Assessed Value PLEASE READ THE BACK OF THIS PAGE FOR ADDITIONAL INFORMATION Percentage Change Prot). 13 Base Year Assessor Parcel From Last Year: Land: 2021 Number (APN)• 050-161-12 750.188% Improvements: 2021 EXHIBIT 4 �y o Shari L» Freidenrich, CPA ? � Orange County Treasurer - Tax Collector O m P.O. BOX 1438 • Santa Ana, CA 92702-1438 601 N. Ross Street, Building 16, Santa Ana 1Q• Office Hours:8:00 AM-5:00 PM Monday - Friday �lr fFOR� Phone Hours: 9:00 AM-5:00 Phi (714) 834-3411 ocguv.com/actaxbiil 2020-21 SECURED PROPERTY TAX BILL For Fiscal Year Beginning July 1, 2020 and Ending June 30. 2021 0037791-003,NI SThIT--- 92.1o41 OC'I'o13 #BWNLBHV "-'""AUTO' SCH5-DIGIT92625 #0500 6302 2020 9# 'IIIII'I'III"'IIIIIIII'IIII'Illlrlllllrlllllllll'I'IIIII"IIIIII VON KLEINSMID, MARILYN FYKE TR M F VON KLEINSMID F 133 TURQUOISE AVE NEWPORT BEACH CA 92662-1036 OWNER OF •-D AS OF 2020 VON KLEINSMID, MARILYN FYKE TR M F VON KLEINSMID F DID YOU KNOW? Sign up to receive a text/email due date reminder at gqv com/octaxreminder Pay online at ocgov01111000AIll to receive same day credit, no service fee by eCheck and an entailed receipt. Mailed payments must have a uSPS postmark on or before the last timely payment date. If you wart until the last day to mail your payment, get your envelope hand -stamped with a postmark to ensure it is timely. PROPERTY• • 133 TURQUOISE AVE NEWPORT BEACH EXEMPTIONSASSESSED VALUES & OF 020 DESCRIPTION FULL VALUE COMPUTED LAND 116,638 TAX IMPROVEMENTS - BUILDING 479,862 TOTAL VALUES: 696,500 6,781.18 TOTAL NET TAXABLE VALUE: 596,500 6,781.18 050-063-02 07-067 $3,390.59 I + 1 $3,390.69 I = I $6,781.18 VOTERR IMPORTANT•` • you so Is grope or no onger own ,you can sregar 1s 1 • BASIC LEVY RATE 1.00000 596,500 5,965.00 Property taxes are the responsibility of the new owner. Contact the COAST COMM COLLEGE DIST .03181 596,500 189.74 Office of the Assessor at (714) 834-2727 regarding ownership changes. NEWPORT MESA UNIFIED .01754 596,500 104.63 METRO WATER D-MWDOC .00350 596,500 20.88 SPECIAL ASSESSMENT CHARGES PHONE NO. MOSCI,FIRE ANT ASSMT (800)273-5167 8.01 VECTOR CONTROL CHG (800)273-5167 6.72 MWD WATER STDBY CHG (866)807-6864 11.60 OCSD SEWER USER FEE (714)593-7281 474.60 TOTAL CHARGED 1.05285 6,781.18 FOR DETAILS OF TAX TYPES, VISIT OUR WEBSITE AT OCGOV.COM/OCTAXBILL F' THERE WILL BE A $26.00 FEE FOR EACH PAYMENT RETURNED UNPAID BY YOUR BANK FOR ANY REASON _ v____ _ RETAIN TOP PORTION FOR YOUR RECORDS - IF PAYING BY CHECK, YOUR CANCELLED CHECK IS YOUR RECEIPT OR PAY ONLINE AND RECEIVE AN EMAILED RECEIPT _VA Ir �i . s.