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HomeMy WebLinkAbout07 - Assessment District 74 (Island & West Bay Avenues)May 22, 2001 CITY COUNCIL AGENDA ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 74 (ISLAND AVENUE FROM EDGEWATER AVENUE TO BAY AVENUE AND WEST BAY AVENUE FROM ISLAND AVENUE TO 7T" STREET ON THE BALBOA PENINSULA) FOR UNDERGROUNDING UTILITIES RECOMMENDATIONS: 1. Consider adoption of the following resolutions for Proposed Assessment District No. 74: a. RESOLUTION No. 2001- _ MAKING FINDINGS ON A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR ASSESSMENT DISTRICT NO. 74. RESOLUTION No. 2001- DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 74, DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, AND PROVIDING FOR THE ISSUANCE OF BONDS. c. RESOLUTION No. 2001- GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING as JULY 10, 2001, AND ORDERING THE INTENTION OF ASSESSMENT BALLOT PROCEDURE FOR ASSESSMENT DISTICT NO. 74. 2. Approve the Special Counsel agreement with Robert Hessell HISTORY: Owners of property located in Proposed Assessment District No. 74 submitted petitions to the City requesting the formation of a special assessment district to underground overhead utilities. In response to petitions submitted by owners representing approximately 64 percent of the assessable property area within Proposed Assessment District No. 74, the City Council appropriated $40,000.00 on April 28, 1997, to facilitate the undergrounding of utilities. $13,414.00 was expended to prepare engineering plans and submit guaranteed prices to underground the utilities. $18,950.00 is being expended by the assessment engineer for preparation of the engineer's report and processing of the assessment district. SUBJECT: UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 74 May 22, 2001 Page 2 DISCUSSION: Proposed Assessment District No. 74 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 all associated proceedings. The procedure being used to create the assessment district is outlined in the Municipal Improvement Act of 1913. Bonds 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. 74 is estimated as follows: ITEM ESTIMATED COST Estimated Cost of Construction: $400,785.00 Estimated Incidental Costs and Expenses: 59,797.00 Estimated Financing (Bond) Costs: 38,599.38 Federal Income Tax Component of Contribution (ITCC) 47.489.41 Estimated Total Cost: $546,670.79 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 because it is the belief of the City that underground utility districts are undertaken at the request of the community for purposes of community aesthetics and public safety, 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. If the Internal Revenue Service (IRS), state, city and /or local government taxing authority determines that this project is taxable, Southern California Edison requires the City of Newport Beach to reimburse Edison for the full amount of the tax liability determined by the IRS, state, city and /or local government authority, plus interest, penalties, fees, and related costs. The City will sell a second issue of the bonds, if necessary, to pay Edison within 60 days after they notify the City of Newport Beach. The ITCC tax associated with this district is approximately $47,489.41, which the City would be liable for, plus penalties if the IRS should determine the district was not exempt from the tax. The Assistant City Attorney reviewed Edison's request to have the preceding statement included in the assessment district report and felt it was unlikely the City would incur any tax liability. In addition to his or her assessment, each property owner will be responsible for converting his or her 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. 2001 The following is a tentative schedule for Proposed Assessment District No. 74: • Resolution of Intention May 22, SUBJECT: UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 74 May 22, 2001 Page 3 • Property Owner Information Meeting June 20, 2001 • Public Hearing July 10, 2001 • Public Utilities Commence Work October 1, 2001 • City Notifies Property Owners to Install Service February 2002 Connections • Property Owners Complete Conversions May 2002 • Public Utilities Begin to Remove Overhead June 2002 Structures • Public Utilities Finish Removing Poles and July 2002 Overhead Structures The Assessment Engineer determined there are 74 parcels assessed on a modified front footage basis to take into consideration single family, multi - family, mixed -use and parking garage uses. In no case shall an assessment on a parcel be less than the equivalent cost for the number of service drops as defined in the Engineer's Report. The estimated assessment without the ITCC tax component ranges from $2,380.84 to $15,305.41, with the average assessment being $5,101.80. The estimated assessment with the ITCC tax component ranges from $2,650.88 to $17,041.34, with the average assessment being $5,680.45. Plans and specifications were prepared by the public utilities companies. Attached is a sketch showing the boundary of the proposed district and the utilities to be undergrounded. A Special Counsel Agreement is necessary in order to retain Special Counsel to provide legal services in connection with processing of the assessment proceedings and bond issuance. The Special Counsel Agreement will retain Robert Hessell to provide these legal services. The fee is approximately, $10,000.00, in accordance with the terms of the agreement. This fee will be paid through the assessment district. Res ully r ,sub tt d D lU�� , Public Works Director By: Richard char offstadt, P.E. Development Engineer Attachments: 1. Exhibit Showing District Boundaries 2. Resolution Making Findings On Petition Adopting Proposed Boundary Map And Making Appointments 3, Resolution Of Intention 4, Resolution Passing On Report Of Assessment Engineer, Setting Public Hearing And Ordering Initiation Of Assessment Ballot Procedures 5, Engineer's Report 6, Special Counsel Agreement I D w =uo-vw 1 u -rzo-vw ®a.'d 1 _ ♦♦ 4 A u- -vw A oa Z -- 1 x A i ANADE AVENUE --4 A ♦\6y �, u .ai A ff o ♦ 1 1 A u -[w -eo co -ao -ew A i A A 1p x � zA ® A A5� E ®sA m al L ® O 1 3 iao W Z 1 I ISLAND -- _:_______ _ —A VENUE � -- vO®-aa A ®= ®s ®« A R �^ -D I>SI'ao •m _~ ___ �_ Z � a mn LL VF J N° sa 3 uu �i wO N W` Fw 0 W3 F °ay <Z O Z W o Z LL � OQ W aW }O G u` 0 u u N :W z 3= O N a 4 \ � _ Q ° �ex94 w -\ i 1 I �• I 1 0 ©• O I 1 y 1 o I 1 / , Ja ec UR C4 h ZE 9 < z 0 —e -a. a- (ZEi ® h a� -[co-vw ® RI ® A� ® R J 1 1 1 G[ 'W lm W a 1 J n --:� 1 ® .:Ix ® x p YID I IR [ ® J 1 � O _ 13381S_ j— N1X15 D w =uo-vw 1 u -rzo-vw ®a.'d 4m � iio ♦♦ 4 A u- -vw A oa Z -- 1 x A i AI A ♦\6y �, u .ai A ff o ♦ 1 1 A u -[w -eo co -ao -ew A i A A 1 ® .:Ix ® x p YID I IR [ ® J 1 � O _ 13381S_ j— N1X15 ♦ m [I -64-pe J ® m of -® PO o 1 1? + I Q Q a a a I 133au _ 1 N1N3A3S -� I 11 1 D m m ®a.'d 4m � iio ♦♦ 4 A u- -vw A oa ♦ ♦\6y �, u .ai A ff o ♦ 1 1 A u -[w -eo ��. 11 ♦ m [I -64-pe J ® m of -® PO o 1 1? + I Q Q a a a I 133au _ 1 N1N3A3S -� I 11 1 RESOLUTION NO. 2001- RESOLUTION MAKING FINDINGS ON A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR ASSESSMENT DISTRICT NO. 74 WHEREAS, this legislative body has been presented by certain property owners an executed petition (the 'Petition ") requesting the formation of a special assessment district to be designated as ASSESSMENT DISTRICT NO. 74 (the "Assessment District') to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the Petition, 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 Development Engineer of the City of Newport Beach has certified to this legislative body as follows: a. the Petition has been signed by owners owning more than sixty percent (60 %) in area of all assessable property within the boundaries of the proposed Assessment District, and b. the Petition is signed by not less than five (5) owners owning lands constituting more than one -half (1/2) in area of all assessable property within the boundaries of the proposed 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; NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Petition shall be retained as a permanent record and remain open to public inspection. SECTION 3. The Map is hereby approved and adopted. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original Map and on at least one copy of the Map evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing F: 1Users\PBWtDHoffstadt\ADWD74WD74 Resolution- Petibon.doc on the formation or extent of the Assessment District, a copy of the Map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of California. SECTION 5. The Development Engineer of the City of Newport Beach is hereby appointed to perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said duties are specified and designated in the Act. The place for recordation of the assessment roll and diagram shall be in the office of the appointed Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 6. The Daily Pilot is hereby designated as the newspaper for all publications as required by law and as necessary for the Assessment District proceedings. SECTION 7. The firm of GFB- Friedrich & Assoc., Inc., is hereby appointed the Assessment Engineer for the Assessment District proceedings. SECTION 8. Robert E. Hessell, attorney at law, is hereby appointed to act as Bond Counsel for the Assessment District. SECTION 9. This legislative body hereby authorizes the establishment of a special improvement fund for the Assessment District and into the improvement fund shall be placed all proceeds from the sale of Assessment District bonds and cash collections. In order to expedite the improvements to be made under the Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the special improvement fund. Any funds transferred into the special improvement fund (other than proceeds from the sale of Assessment District bonds and cash collections) shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 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 22nd day of May, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayo ATTEST: City Clerk F:1Users\PBW\DHoffstadMDWD74WD74 Resolution- Petition.doc r RESOLUTION NO. 2001- RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER, SETTING A TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES FOR ASSESSMENT DISTRICT NO. 74 WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 74 (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, 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 "); 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 improvements proposed 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 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 and the proposed assessments at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on July 10, 2001 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed 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 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. 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 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, together with 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 22nd day of May, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk F:lUsers1PBW\DHoffstadf AD1AD741AD74 Resolution- Ballot.doc Mayor RESOLUTION NO.2001- RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 74, DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, AND PROVIDING FOR THE ISSUANCE OF BONDS WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as ASSESSMENT DISTRICT NO. 74 (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, the conversion of the overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, is to be done to further public safety and to improve aesthetics within the area of 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 of Newport Beach (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 and to assess the cost thereof against the real property specially benefited thereby. 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 Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 74. 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 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. 74" 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. 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 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 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; 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) 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 officer to 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. 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. 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: Richard Hoffstadt, Development Engineer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 (949) 644 -3324 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 which 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, 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 22nd day of May, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk F:1Users\PBW\DHoffstadMDWD74WD74 Resolution- Intent.doc ENGINEER'S REPORT for UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) for the CITY OF NEWPORT BEACH Preliminary: May 22, 2001 AGENCY: CITY OF NEWPORT BEACH PROJECT: UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) 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 MIID 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. 74, (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) (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 incidental costs and expenses in connection therewith. 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 estimated 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, of the parcels of land and improvements which are proposed to be assessed. D. Exhibit I indicates the total of the proposed assessment combined with any previously unpaid assessment on any parcel of land in the proposed district. PART IV 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 V 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 9 -h day of , 200/. GFB- FRIEDRICH & ASSOC., INC. R 'Esslov � p.. FRI f��Fyc 2 A. FRI D Alp. NO. 27861 VASSESSMENT ENGINEER EXP. • I -o 2 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 —120—. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 3 ENGINEER'S "REPORT" PART CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) 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 off of the Public Works Department; and are hereby incorporated into this "Report" by reference as if attached. a ENGINEER'S "REPORT" PART II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater, Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) COST ESTIMATE Preliminary Estimate Costs without with Confirmed SCE ITCC Tax I SCE ITCC Tax Assessment A. CONSTRUCTION COSTS 1. Southern California Edison SCE Relocation Cost Invoice $134,675.00 $134,675.00 SCE ITCC Tax * $47,489.41 Subtotal, Southern California Edison Costs: Without SCE ITCC Tax $134,675.00 With SCE ITCC Tax $182,164.41 2. Pacific Bell Contractor Final Cost Estimate $229,675.00 $229,675.00 Subtotal, Pacific Bell Costs $229,675.00 $229.675.00 Subtotal, Construction $364,350.00 $411,839.41 Construction Contingencies 36.435.00 41.183.94 TOTAL CONSTRUCTION COSTS $400,785.00 $453,023.35 B. INCIDENTAL COSTS 1. Design Engineering (SCE) $5,000.00 $5,000.00 2. Design Engineering (Pac Bell) 8,414.00 8,414.00 3. Assessment Engineering 18,950.00 18,950.00 4. Construction Inspection 1,000.00 1,000.00 5. City Administration 7,287.00 7,287.00 6. Printing, Advertising, Notices 146.00 146.00 7 Filing Fees 500.00 500.00 8 Bond Counsel 10,000.00 10,000.00 9 Paying Agent 2,500.00 2,500.00 10 Contingencies 6.000.00 6.000.00 Subtotal, Incidentals $59,797.00 $59,797.00 Subtotal, Construction & Incidentals $460,582.00 $512,820.35 Lj Continued -Next Page) ENGINEER'S "REPORT" PART II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avemte to 7th Street) COST ESTIMATE Prelimina Estimate Costs without with Confirmed SCE ITCC Tax SCE ITCC Tax Assessment Subtotal Forward, Construction & Incidentals $460,582.00 $512,820.35 C. FINANCING COSTS 1. Bond Discount (2 %) $9,904.99 $11,028.39 2. Bond Reserve (5 %) 24,762.47 27,570.99 3. Capitalized Interest (0 %) 0.00 0.00 Subtotal, Financing Costs $34,667.46 $38,599.38 TOTAL DISTRICT COSTS $495,249.46 $551,419.73 D. CASH CONTRIBUTION 0.00 0.00 E. BALANCE TO ASSESSMENT $495,249.46 $551,419.73 * ITCC = Income Tax Component of Contribution. [Section 18(b) of IRS Code] ENGINEER'S "REPORT" PART III CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) ASSESSMENT ROLL WHEREAS, on 120 _, 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 X111D 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. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) (hereinafter referred to as the "Assessment District "); and, WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Director of Public Works to make and file a "Report ", consisting of the following: a. Plans; b. Specifications; c. Cost estimate; d. Assessment Diagram showing the Assessment District and the subdivisions of land contained therein: and e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the Assessment District. For particulars, reference is made to the Resolution of Intention as previously adopted. 7 NOW, THEREFORE„ I, JOHN A. FRIEDRICH, 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: 1. 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 benefited thereby in direct proportion and relation to the estimated 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 FOURTEEN (14) 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: 8 Estimated Cost of Construction: Estimated Incidental Costs and Expenses: Estimated Financing (Bond) Costs: Estimated Total Cost: Estimated Contribution: Balance to Assessment: AS PRELIMINARILY AS APPROVED CONFIRMED $ 453,023.35 $ .00 $ 59,797.00 $ .00 $ 38,599.38 $ .00 $ 551,419.73 $ .00 $ 0.00 $ .00 $ 551,419.73 $ .00 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. 7. An annual assessment, in an amount not to exceed five percent (5%) of the annual assessments collected to service the bonded debt, shall be assessed pro rata upon each of the parcels of land upon which there is an unpaid assessment in the Assessment District to pay costs incurred by the City, and not otherwise reimbursed, which result from the administration and collection of any bonds issued or funds administered under the proceedings, as provided in Section 10204(f) of the Act; such costs shall be in addition to any costs collected pursuant to Sections 8682 and 8682.1 of the Bond Law (as defined in Section 4 hereof). DATED: V 9 20-aL. GFB- FRIEDRICH & ASSOC., INC. 7 C U Q r o o a 0.0 m G U 0 0 0 0 0 0 0 0 r r r r M O N O O O O O O O W 00 00 00 00 00 00 00 N N N N [- V O N 00 00 00 00 00 00 00 •- .F. b b b b b b b b b b b b Vl C N 00 W Vl Vl Vl Vl Vl Vl Vl b b b b [� O� V Vl Vl Vl Vl Vl Vl Vl a¢ N N 3 V4 00 O. -. 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V .Mr N Vl N M M m Vl W V m M V1 cp - W rn -+ v -+ cp 6 cp Wi C vi [- W M It O N O N \0 -+ M N V W 3 o Q F 0 z z > O O O e [� y y• O o M V m M O [- .+ h N VJ a' N m M 00 m r- N M r- M N M N O O y y vl O, N O� N a 0 O V [- [- O \D M o0 [- V r m y y 0o M O 06 N 0c 0c; M N 0 M O O O 1C Q b C7, °, N i a > F O N» C .p N M V1 N M 00 V1 7 M N O Vl '40 N n Oi O. cO M M 01 O m M O 0 to m M N ep V1 OO M r, [� M O� [- 00 M V1 N OO O %D N h O '� O� O oo •-, oo •-, m P •-, O� �D oo O m O E p m P m M 0 p M N � O�P N O�: t 0P 0 h 0 %C O� 't [- O 00 N 't � �P : [� • [� S N M 0, r- Q D'4m bO � vy P \O � P �N ' N M O z P - - - N — — N — O — — o o o 0 0 0 g g q q q F IT ENGINEER'S "REPORT" EXHIBIT "A" CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) 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 benefit that the properties receive from the works of improvement. It is further necessary that the property owners receive a special and direct benefit distinguished from that of the general public. The statute 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. For these proceedings, GFB- Friedrich & Assoc., Inc. has been appointed to perform the functions of Assessment Engineer. The special benefits that inure to the property owners within the boundary of Assessment District No. 74 are twofold; first, the undergrounding of existing overhead electrical and telephone lines and the removal of supporting poles, which thereby improve aesthetics and access within the assessment district; and second, the construction of a new and improved underground electrical and telephone system, and the necessary appurtenant work to provide complete, functional, safe and secure improvements for all parcels and lots within the boundary of the Assessment District. 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 to spread assessments using a modified front footage formula where each parcel or lot is assessed relative to a "standard" residence (30 feet of frontage) within the Assessment District that receives a full measure of benefit. The construction cost and proportionate share of the incidental costs for bid items will, therefore, be spread on a 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 10 by the general public. The special benefit received from the above -cited works of improvement is estimated to be in direct proportion to the front footage allocated to each parcel as described below. The modified front footage formula to be used throughout the Assessment District is given below. Please refer to the Assessment Diagram for the location of existing overhead facilities. Land Use "Standard" Residence /Duplex /Triplex 2 Residential Room Rental /Apartment Units 3 Residential Room Rental /Apartment Units 4 — 7 Residential /Apartment Units - single story two story 8 or more Residential /Apartment Units — single story two story three story Assessment Basis Front Footage Front Footage Front Footage Front Footage 1 -3/4 x Front Footage Front Footage 1 -3/4 x Front Footage 2 -3/4 x Front Footage Parking Garage (for local residents) Front Footage (longest dimension) Commercial Uses (Stores, Shops, Offices, Restaurants, etc.): single story, with or without residences /apartments - Front Footage two story, commercial space or residences /apartments on the second story — 1 -3/4 x Front Footage three story, commerical space or residences /apartments on the third story — 2 -1/2 x Front Footage In no case shall an assessment on a parcel be less than the equivalent standard assessment times the number of service drops provided to said parcel. Said equivalent standard assessment is based on the assessment for one service drop, as defined in the next paragraph, to a "standard" residential parcel with a 30 -foot frontage. 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 30 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 parcel that receives only electric service or only telephone service will be assessed at one -half of the amount of a parcel receiving both electric and telephone services. 11 A parcel 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 full 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 Assessment Numbers, within the boundary of the proposed assessment district require special consideration, as follows: Assessment No. Land Use Description 048 - 022 -01 Single - family This parcel was previously assessed for, and Residential received, underground electric and telephone service drops in Assessment District No. 66 in 1992. However, at that time this parcel received a reduced assessment for 56 feet (80% of it's 70 -foot frontage) because a pole remained in front of the parcel after the construction. This pole will be removed as part of the construction within this Assessment District, and the remaining 14 feet of frontage will be assessed to this parcel in this Assessment District. 048 - 031 -02 Single - family This parcel is triangular in shape with 4,385 s.f. of Residential area. To determine a foot footage that is comparable with rectangular lots nearby, it's area (4,385 s.f.) is divided by the area of a parcel with 30 feet of frontage (2,100 s.f.) to get 62.6 feet of frontage to be assessed to this parcel. 048 - 032 -01 Single - family This parcel is triangular in shape with 2,940 s.f. of Residential area. To determine a foot footage that is comparable with rectangular lots nearby, it's area 12 Assessment No. Land Use Description (2,940 s.f.) is divided by the area of a parcel with 30 feet of frontage (2,100 s.f.) to get 42.0 feet of frontage to be assessed to this parcel. 048 - 052 -15 Duplex This parcel is triangular in shape with 2,700 s.f. of area. To determine a foot footage that is comparable with rectangular lots nearby, it's area (2,700 s.f.) is divided by the area of a parcel with 30 feet of frontage (2,100 s.f.) to get 38.6 feet of frontage to be assessed to this parcel. 048- 052 -23 Parking Lot This lot has neither electric nor telepone service drops to it planned in this assessment district. Therefore,there is no front footage assessment for this lot. 048 - 052 -25 Small Garage This lot has an electric service drop only. Therefore only one -half of the 30 foot frontage, or 15 feet will be assessed. 048 - 071 -04 Parking Garage This parcel has an electric service drop only. Therefore only one -half of the 150 foot frontage, or 75 feet will be assessed. 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 variety of parcel sizes. The use of an acreage formula would not reflect the benefit derived from the proposed improvements. In conclusion, it is my opinion that the assessments for the above - referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. It is my further opinion that: a. The proportionate special benefit derived by each identified parcel has been determined in relationship to the entirety of the cost of the construction of the works of improvement. 13 b. No assessment has been imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. c. Only special benefits have been assessed. DATED: 20 QL GFB- FRIEDRICH & ASSOC., INC. D A I, LAVONNE M. HARKLESS, as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing assessment, together with the Diagram attached thereto, was filed in my office on the day of 120 CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, LAVONNE M. HARKLESS, 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 14 I, DON WEBB, 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 is ENGINEER'S "REPORT" PART IV CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) DIAGRAM OF ASSESSMENT DISTRICT 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. 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Qe h �5 ..t E Qz a^ w' ti wy la w u� ENGINEER'S REPORT PART V(A) CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) DESCRIPTION OF WORKS OF IMPROVEMENT The following improvements are proposed to be constructed and installed in Bay Avenue; Lindo Avenue; Island Avenue; Edgewater Avenue; 6th Street; the alley 100 feet east of, and parallel to, 7th Street; the alley 100 feet west of, and parallel to, 6th Street; the alleys between Balboa Boulevard and Bay Avenue; the alley between Lindo Avenue and Buena Vista Boulevard; the alley approximately 100 feet north of, and roughly parallel to, Bay Avenue; and the alley 95 feet south of, and parallel to, Edgewater Avenue. 1. Removal of 22 existing.power and telephone poles. 2. Removal of all overhead service drops for both electric and telephone service. 3. Construction of approximately 3,750 linear feet each of mainline underground power and telephone conduit, with appurtenant vaults, manholes and pullboxes. 4. Construction of required service conduit and appurtenances to private property lines. The improvements will be designed and constructed by the Southern California Edison Company (electric) and Pacific Bell (telephone). The City of Newport Beach will inspect the work for conformance to applicable City standards and specifications. Once completed, the underground electric and telephone facilities will become the property and responsibility of Southern California Edison and Pacific Bell, 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. 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. The location of the existing facilities to be undergrounded are shown on the Assessment Diagram in Part IV of this "Report". 17 ENGINEER'S "REPORT" PART V(B) CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Day Avenue and West Bay Avenue from Island Avenue to 7th Street) 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. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) (hereinafter referred to as the "Assessment District "). 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 / ' day of 20�, at Newport Beach, California. SUP DENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA 18 ENGINEER'S "REPORT" PART V(C) CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) 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. 74 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under the provisions of Paragraph 15302, Class 2 (d) of "Guidelines For Implementation of the California Environmental Quality Act ", as adopted by the Secretary for Resources of the State of California, June 1992. 2. The undergrounding to be done under Assessment District No. 74 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. 74 have been completed to my satisfaction, and no further environmental proceedings are necessary. EXECUTED this M day of 20 12L, at Newport Beach, California. PATRICIA L. TEMPLE PLANNING DIRECTOR CITY OF NEWPORT BEACH STATE OF CALIFORNIA 19 POSTED MAR 2 3 2000 Exhibit "C" CyrrY OF NEWPORT BEA `'H 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658-8915 (714) 644 -3311 l T/1r WT l AT TTTTT ff"R Vl1 T FILED 14AR 2 3 2000 GARYL. utlpLVILLE. Clark.f7amrdar GARY L. VLLE. Ue[K•1lecomel IN v i t%.r, yr r.Ar.lvir i ivly By vv / DEPUTY From: City of Newport Beach By To: 1400 Tenth Street, Room 121 El Office of Planning and Research Planning Department 3300 Newport Boulevard - P.O. Box 1768 Sacramento, CA 95814 Newport Beach, CA 92658 -8915 (Orange County) County Clerk, County of Orange F7 Public Services Division P.O. Box 238 Date received for filing at OPR: Santa Ana, CA 92702 Name of Project: Assessment District No. 74. Project Location: Balboa Peninsula, Newport Beach Specific: Island Ave.- Edgwater to Bay Ave. & Bay Ave.- Island Ave. to 7`h St. Project Location- City:. Newport Beach Project Location - County: Orange Project Description: The project consists of an- assessment district to underground overhead utilities. Exempt Status: (check one) C3 Ministerial (Sec. 21080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec. 21080(b)(4); 15269(b)(c); Cl Categorical Exemption. State type and section number. Class 2: Replacement and reconstruction Cl Statutory Exemptions. State code number: Cl General Rule (Sec. 15061 (b)(3)) Reasons why project is exempt. The Secretary for Resources has found that conversion of overhead electrical Utility distribution system facilities to underground locations where the surface is restored to the condition prior to undergrounding do not have a significant effect on the environment. Name of Public Agency Approving Project: City of Newport Beach Date of Approval: Name of Person or Agency Carrying Out Project: Newport Beach Public Works Department Contact Person. Dick Hoffstadt Title. Development Engineer _ Signature: i /: Tel.No. (949) 644 -3324 Date: Recorded in the County of orange. c;atitornia GaryuryL Granville. /Recorder No Fee IIN IIIIIII�IIIIIIIIIIIIII�IIIII - ....rnnnen n-4mm al/114A 004 00185193 170 52 000 00 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exhibit II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 71h Street) ASSESSMENT SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front without with Confirmed No. Parcel No. & Address Footage) SCE ITCC Tax SCE ITCC Tax Assessment 1 048- 022 -24 Shields, June R. TR 30.00 $5,101.81 $5,680.44 3909 Marcus Avenue Newport Beach, CA 92663 2 048- 022 -23 Shields, June R. TR 30.00 $5,101.81 $5,680.44 3909 Marcus Avenue Newport Beach, CA 92663 3 048- 022 -22 North, Morgan & Sheryl 30.00 $5,101.81 $5,680.44 617 West Bay Avenue Newport Beach, CA 92661 4 048- 022 -21 Hampton, Robert III 30.00 $5,101.81 $5,680.44 615 West Bay Avenue Newport Beach, CA 92661 5 048- 022 -20 Richards, Ruth Faman TR 30.00 $5,101.81 $5,680.44 1428 Oak Street South Pasadena, CA 91030 6 048- 022 -25 Benjamin, Horace B. & Ann L 30.00 $5,101.81 $5,680.44 611 West Bay Avenue Newport Beach, CA 92661 7 048- 022 -26 Thompson, Daniel S. Jr. 30.00 $5,101.81 $5,680.44 609 West Bay Avenue Newport Beach, CA 92661 8 048- 022 -18 Partridge, Robert & Alice 30.00 $5,101.81 $5,680.44 13582 ]emel Way Irvine, CA 92620 II -1 Exhibit II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) ASSESSME14 SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front without with with Con ned No. Parcel No. & Address Footage) SCE ITCC Tax SCE 1TCC Tax Assessment 9 048- 022 -17 Ingham, Jeffrey B. & Kirsten C 35.00 $5,952.11 $6,627.19 605 West Bay Avenue Newport Beach, CA 92661 10 048- 022 -16 Jessup, Andrew T. & Diane D. 35.00 $5,952.11 $6,627.19 599 S. Fern Canyon Drive Palm Springs, CA 92264 11 048- 071 -11 Going, Jack TR 35.00 $5,952.11 $6,627.19 P.O. Box 4249 El Monte, CA 91734 12 048- 071 -12 Lauder, Lorne & Robbins, Dot 35.00 $5,952.11 $6,627.19 517 East Bay Avenue Newport Beach, CA 92661 13 048 - 071 -02 Ford, Rachelle 40.00 $6,802.41 $7,573.93 515 West Bay Avenue Newport Beach, CA 92661 14 048- 071 -03 Lyons, De Verna M. TR 52.50 $8,928.16 $9,940.78 3000 Park Newport, #102 Newport Beach, CA 92660 15 048 -071 -04 Bay Island Club 75.00 $12,754.52 $14,201.11 150 Paularino Avenue, #142 Costa Mesa, CA 92626 16 048 - 051 -19 Fosnight, Verryl V. 157.50 $26,784.49 $29,822.34 6330 East Bixby Hill Road Long Beach, CA 90815 11 -2 Exhibit 11 CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) ASSESSMENT SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front Confirmed without with No. Parcel No. &Address Footage) SCE ITCC Tax SCE ITCC Tax Assessment 17 048- 051 -18 Probizanski, Robert & Nancy 30.00 $5,101.81 $5,680.44 100 East Bay Avenue Newport Beach, CA 92661 18 048- 051 -17 Soldwedel, Fred W. Trustee 30.00 $5,101.81 $5,680.44 Brutxche, Claudette D. 306 Island Avenue Newport Beach, CA 92661 19 048- 051 -16 Johnston, Sharon A: 30.00 $5,101.81 $5,680.44 308 Island Avenue Newport Beach, CA 92661 20 048- 051 -15 Mancinelli, Eleanor TR 30.00 $5,101.81 $5,68044 1536 Blue Jay Way Los Angeles, CA 90069 21 048- 051 -14 Johnstone, Shirley D. 30.00 $5,101.81 $5,680.44 701 Avonglen Terrace Glendale, CA 91206 22 048- 051 -13 McIntosh, Keith R. 30.00 $5,101.81 $5,680.44 39 N. Michigan Street Redlands, CA 92373 23 048- 051 -12 Smith, Craig B. & Nancy J. 30.00 $5,101.81 $5,680.44 316 Island Avenue Newport Beach, CA 92661 24 048- 051 -11 Wells, Howard & Mitzi 30.00 $5,101.81 $5,680.44 318 Island Avenue Newport Beach, CA 92661 11 -3 Exhibit 11 CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) ASSESSMENT SPREAD Units Prelimina Assessment Asmt. Assessor's I Property Owner's Name (Front without with Confirmed No. Parcel No. & Address Footage) SCE ITCC Tax SCE ITCC Tax Assessment 25 048- 051 -10 Frazer, David C. TR 30.00 $5,101.81 $5,680.44 1070 East Providencia Avenue Burbank, CA 91501 26 048 - 051 -09 Frazer, David & Kathleen 30.00 $5,101.81 $5,680.44 1070 East Providencia Avenue Burbank, CA 91501 27 048 - 051 -08 Martin, David R. TR 30.00 $5,101.81 $5,680.44 1120 West Locust Street Ontario, CA 91762 28 048- 051 -07 Gardner, Wynona E. TR 30.00 $5,101.81 $5,680.44 7950 Hondo Street Downey, CA 90242 29 048 - 051 -06 Querio, Maureen J. Trustee 15.00 $2,550.90 $2,840.22 Jenks Family Trust 10375 Wilshire Boulevard, N3 Los Angeles, CA 90024 30 048- 051 -05 Parker, Warren & Anna Truste 0.00 $0.00 $0.00 Parker Living Trust 3960 Alomar Drive Sherman Oaks, CA 91423 31 048 - 052 -01 Miller, Leonard W. & Mary A 30.00 $5,101.81 $5,680.44 501 West Edgewater Avenue Newport Beach, CA 92661 32 048- 052 -02 Brown, Anne M. 30.00 $5,101.81 $5,680.44 10790 Wilshire Boulevard, N1 Los Angeles, CA 90024 11 -4 Exhibit II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) ASSESSMENT SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front without with No. Parcel No. & Address Footage) SCE ITCC Tax SCE ITCC Tax [Confirme, Assessment 33 048 - 052 -34 Maxfield, Allen 111 30.00 $5,101.81 $5,680.44 329 Island Avenue Newport Beach, CA 92661 34 048- 052 -33 Wilson, Leroy G. & Doris 1. 30.00 $5,101.81 $5,680.44 327 Island Avenue Newport Beach, CA 92661 35 048- 052 -32 Dill, Jeffrey & Julie A. 30.00 $5,101.81 $5,680.44 Goodrich, Hugh & Beth 1205 Caballero Lane Redlands, CA 92373 36 048- 052 -31 Smith, Alice G. TR 30.00 $5,101.81 $5,680.44 323 Island Avenue Newport Beach, 92661 37 048- 052 -30 Wright, William B. Jr. TR 30.00 $5,101.81 $5,680.44 Marys River Ranch Deeth, NV 89823 38 048- 052 -29 Wright, William B. Jr. & Mary 30.00 $5,101.81 $5,680.44 319 Island Avenue Newport Beach, 92661 39 048 -052 -28 Garstone, Ruth A. TR 30.00 $5,101.81 $5,680.44 P.O. Box 671 Pasadena, CA 91102 40 048- 052 -27 Garstone, Ruth A. TR 30.00 $5,101.81 $5,680.44 P.O. Box 671 Pasadena, CA 91102 II -5 Exhibit 11 CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) ASSESSMENT SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front without with Confirmed No. Parcel No. & Address Footage) SCE ITCC Tax SCE TT((' Tax Assessment 41 048 -052 -37 Houdeshel, Harry 111 30.00 $5,101.81 $5,680.44 313 Island Avenue Newport Beach, 92661 42 048- 052 -38 Garrison, Derald Jr. & Nowak, 45.00 $7,652.71 $8,520.67 311 Island Avenue Newport Beach, CA 92661 43 048- 052 -25 Walker, Joanne Living Trust 45.00 $7,652.71 $8,520.67 307 Island Avenue Newport Beach, 92661 44 048- 052 -23 Hazen, Donald E. TR 30.00 $5,101.81 $5,680.44 500 West Bay Avenue Newport Beach, CA 92661 45 048- 052 -22 Israel, Colin & Margaret 30.00 $5,101.81 $5,680.44 502 West Bay Avenue Newport Beach, CA 92661 46 048- 052 -2I Harvey, James M. 30.00 $5,101.81 $5,680.44 504 West Bay Avenue Newport Beach, CA 92661 47 048- 052 -20 Campbell, Alexander W. 30.00 $5,101.81 $5,680.44 24446 Valencia Boulevard Valencia, CA 91355 48 048- 052 -19 Blaha, John J. & Mary L. 30.00 $5,I01.81 $5,680.44 I521 Merriman Drive Glendale, CA 9I202 11 -6 Exhibit II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenuefrom Island Avenue to 7th Street) ASSESSMENT SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front without with Confirmed No. Parcel No. &Address Footage) SCE ITCC Tax SCE ITCC Tax Assessment 49 048- 052 -18 Jones, Donald H. & Patricia L. 30.00 $5,101.81 $5,680.44 431 Catalina Drive Newport Beach, CA 92663 50 048- 052 -17 Jones, Donald H. & Patricia L. 30.00 $5,101.81 $5,680.44 431 Catalina Drive Newport Beach, CA 92663 51 048- 052 -16 Hood, Gregory W. & Donna A 30.00 $5,101.81 $5,680.44 Hood Family Trust 2792 Circle Drive Newport Beach, CA 92663 52 048- 052 -15 Parsons, Kent Trustee 38.60 $6,564.33 $7,308.84 Parsons, Laurence 199 518 West Bay Avenue Newport Beach, CA 92661 53 048- 032 -01 Collins, Patrick F. & Mary E. 42.00 $7,142.53 $7,952.62 500 Newport Center Drive Newport Beach, CA 92660 54 048- 031 -08 Collins, Patrick F. 30.00 $5,101.81 $5,680.44 312 Buena Vista Newport Beach, CA 92661 55 048- 031 -06 Rabbit, William & Fischbeck, 1 30.00 $5,101.81 $5,680.44 1282 Tropicana Lane Santa Ana, CA 92705 56 048 -031 -04 Duda, Fritz L. Trustee; Fld Int 30.00 $5,101.81 $5,680.44 300 Buena Vista Newport Beach, CA 92661 11 -7 Exhibit II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 7th Street) ASSF.SSMF.NT SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front without with Confirmed No. I Parcel No. & Address F JJ SCE ITCC Tax SCE ITCC Tax Assessment 57 048 -031 -02 Bitona Corporation 62.60 $10,645.77 $11,853.21 89 Ocean Vista Newport Beach, CA 92660 58 048- 022 -01 Moise, Ann Lathrop Trustee 14.00 $2,380.84 $2,650.88 Suverkrup, Joan 627 West Bay Avenue Newport Beach, CA 92661 59 048 - 022 -02 Lloyd, Richard C. & Susan A. 30.00 $5,101.81 $5,680.45 204 7th Street Newport Beach, CA 92661 60 048 - 022 -03 Marshall, Frank C. TR 30.00 $5,101.81 $5,680.45 810 West Bay Avenue Newport Beach, CA 92661 61 048 -022 -04 Gorman, Peter J. & Linda M. 30.00 $5,101.81 $5,680.45 30210 Airflight Drive Valley Center, CA 92082 62 048- 022 -05 Hall, Howard Leon & Kathleen 30.00 $5,101.81 $5,680.45 620 West Balboa Boulevard Newport Beach, CA 92661 63 048- 022 -06 Poochigian,John G. TR 30.00 $5,101.81 $5,680.45 9 Salerno Irvine, CA 92614 64 048- 022 -07 Hazen, Donald E. & Marjorie 1 30.00 $5,101.81 $5,680.45 Hazen Family Trust 500 West Bay Avenue Newport Beach, CA 92661 11 -8 Exhibit II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 71h Street) ASSESSMENT SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front without with Confirmed No. Parcel No. & Address Footage) SCE ITCC Tax SCE ITCC Tax Assessment 65 048- 022 -08 Robinson, Scott & Mary 30.00 $5,101.81 $5,680.45 614 West Balboa Boulevard Newport Beach, CA 92661 66 048- 022 -09 McCoy, Patricia C., 30.00 $5,101.81 $5,680.45 612 West Balboa Boulevard Newport Beach, CA 92661 67 048- 022 -10 Giangregorio, Tony Jim & Khr 30.00 $5,101.81 $5,680.45 3610 Marcus Avenue Newport Beach, CA 92663 68 048- 022 -11 Neilsen, Nina A. 30.00 $5,101.81 $5,680.45 608 West Balboa Boulevard Newport Beach, CA 92661 69 048- 022 -12 Holmes, Brian D. 30.00 $5,101.81 $5,680.45 606 W. Balboa Boulevard Newport Beach, CA 92661 70 048- 022 -15 Trombley, Floyd L. TR 30.00 $5,101.81 $5,680.45 4859 Canehill Avenue Lakewood, CA 90713 71 048- 022 -14 Marshall Family TR 30.00 $5,101.80 $5,680.45 P.O. Box 540 Newport Beach, CA 92661 72 048- 022 -13 Clay, William 30.00 $5,101.80 $5,680.45 201 6th Street Newport Beach, CA 92661 11 -9 Exhibit II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 71h Street) ASSESSMENT SPREAD Units Preliminary Assessment Asmt. Assessor's Property Owner's Name (Front without with Confirmed No. I Parcel No. & Address Footage) SCE ITCC Tax SCE rTCC Tax Assessment 73 048- 071 -14 Hamontree, Samuel E, TR 35.00 $5,952.10 $6,627.20 16891 Coral Cay Lane Huntington Beach, CA 92649 74 048 - 071 -13 Smith, Cecelia A. 35.00 $5,952.10 $6,627.20 10101 Trails End Street Riverside, CA 92503 75 048- 071 -10 Westrem, John L. 52.50 $8,928.15 $9,940.79 1006 East Balboa Boulevard Newport Beach, CA 92661 76 048 -071 -09 Moses, Lois M. TR 52.50 $8,928.15 $9,940.79 2037 East Balboa Boulevard Newport Beach, CA 92661 77 048-071 -06 Meurs, John G. TR 90.00 $15,305.41 $17,041.34 19212 Doe Run Santa Ana, CA 92705 78 048- 071 -16 Durkee, Martha TR 60.00 $10,203.60 $11,360.90 P.O. Box 3353 Newport Beach, CA 92659 79 048- 071 -15 Boelhouwer, Johannes Cornelis 30.00 $5,101.80 $5,680.45 819 Oceanhill Drive Huntington Beach, CA 92648 80 048- 051 -20 Freedman, Barbara Ann 30.00 $5,101.80 $5,680.45 305 Anade Avenue Newport Beach, CA 92661 II -10 Exhibit II CITY OF NEWPORT BEACH ASSESSMENT DISTRICT No. 74 (Island Avenue from Edgewater Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to 71h Street) ASSESSMENT SPREAD Units Preliminary Assessment Astor. Assessor's Property Owner's Name (Front without with Confirmed No. Parcel No. & Address Footage) SCE ITCC Tax SCE ITC C Tax Assessment 81 048- 051 -21 Olguin, Leon & Sheryl 30.00 $5,101.80 $5,680.45 Kossky, Darrin & Nancy 2255 Barberry Road Tustin, CA 92780 82 048- 051 -22 McDonald, Charles L. TR 30.00 $5,101.80 $5,680.45 636 S. Arroyo Boulevard Pasadena, CA 91105 83 048- 051 -03 Schmidt, Margot 30.00 $5,101.80 $5,680.45 105 E. Edgewater Avenue Newport Beach, CA 92661 84 048- 051 -04 Silver, Jerry B. 30.00 $5,101.80 $5,680.45 103 E. Edgewater Avenue Newport Beach, CA 92661 TOTALS 2,912.20 $495,249.46 $551,419.73 II -11