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Home My WebLink About18 - Proposed Assessment District 99CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 June 26, 2007 TO: Mayor and Members of the City Council FROM: Public Works Department Patrick Arciniega, Associate Civil Engineer 949 - 644 -3311 or parciniega @city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 99 — BALBOA BOULEVARD ALLEY - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT RECOMMENDATIONS: 1. Open public hearing on the formation of Assessment District No. 99. 2. Hear testimony from those who desire to speak. 3. Close the public hearing. 4. Count ballots. 5. If 50% or more 'Yes' votes than 'No' votes have been submitted then a majority protest does not exist and the District may be formed. If it is desired to form the District, take the following actions: a. Adopt Resolution No. 2007 - _ declaring the results of the ballot tabulation, confirming the assessment, ordering the acquisition of improvement; approving the Assessment Engineer's Report, and designating the area an Underground Utilities District for Assessment District No. 99 Balboa Blvd. Alley. b. Approve a Budget Amendment in anticipation of the formation and approval of Assessment District No. 99. The proposed Assessment District of $9,175,844 will provide $6,179,983 for the design, construction, financing and incidental contingencies, $686,907 to establish a bond reserve and allow for supplemental funding of $2,308,954 for taxes, if assessed. The Budget Amendment will increase revenue estimates by $6,179,983 and increase expenditure appropriations by $6,079,918. The difference of $100,065 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district. This Budget Amendment also appropriates $54,239 for the related assessment on City and State owned property. 6. If desired, abandon the proceedings. Undergrounding Utilities In Proposed Assessment District No. 99 Balboa Blvd. Alley — Designation of this Area as an Underground Utilities District June 26, 2007 Page 2 DISCUSSION: On May 8, 2007 the City Council accepted a preliminary Engineer's Report for proposed Assessment District No. 99, adopted a Resolution of Intention to form the District, and set a public hearing on the Assessment District for June 26, 2007 (see attachment). The location of the proposed District and overhead facilities to be removed are shown on the attached sketch. Action on the District will be taken after the public hearing is closed and the ballots are counted. On April 18 and May 31, 2007, informal information meetings were held with homeowners in the City Council Chambers to discuss the proposed District. The procedure being used is the Municipal Improvement Act of 1913. The project will be financed by municipal bonds over a period of 25 years. Plans and specifications were prepared by the respective public utilities, which will own and operate the underground facilities being paid for by the Assessment District. The proposed District will underground all overhead electrical, telephone, and cable TV lines. However, each property owner will be required to underground his or her individual house services. The cost to convert the house services is not a part of the Assessment District and must be contracted separately by the private property owners. The total cost of the District is $9,175,844.00, which 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 the City Attorney and the Bond Counsel have determined 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 (Edison) will require 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 bonds, if necessary, to pay Edison within 60 days after SCE notifies the City. The ITCC Tax associated with this District is approximately $2,308,954.00, which the City would be liable for, plus penalties if the IRS should determine the District was not exempt from the tax. The Assessment Engineer's assessment methodology uses benefit points as a means to apportion assessments within this District based on the parcel size multiplied by benefit factors. This assessment methodology assigns benefit factors based on three separate criteria: aesthetics, safety, and reliability. The total of these three factors are then multiplied by the parcel area in acres to derive the total benefit points for each parcel. The construction costs were then prorated to each parcel based on the number of benefit points assigned. The incidental, bonding, and ITCC costs were then prorated per parcel based on their construction assessment. Undergrounding Utilities In Proposed Assessment District No. 99 Balboa Blvd. Alley — Designation of this Area as an Underground Utilities District June 26, 2007 Page 3 The estimated assessment with the ITCC tax component ranges from $3,461.81 to $178,629.04, with the average assessment being $37,452.43. The estimated assessment without the ITCC tax component ranges from $2,590.70 to $133,679.79, with the average assessment being $28,028.13. Due to the wide variation in property sizes, uses, and degree of undergrounding required, the various benefit factors accounted for each individual situation. Some exceptions were taken on a few lots that did not fall neatly into the benefit factor criteria. These parcels included: • Newport Elementary School ( Asmnt. No. 245) — this parcel doesn't receive any aesthetic benefit, it does receive a safety benefit based on the fact that one pole adjacent to the site would be removed, and it did receive a reliability benefit for new underground phone and cable services. These benefit factors were multiplied by 20% of the parcel size acreage based on the reasoning that the office /utility usages was roughly 20% of the area while the remainder uses were classrooms /common area for students. • Our Lady of Mt. Carmel Catholic Church ( Asmnt. No. 230) — 50% of this parcel's lot acreage was used in calculating its assessment based on the fact that half of the land is used for required parking and therefore restricts further development of the parcel. • State owned property ( Asmnt. No. 229) this property does not benefit from aesthetics, or safety, since it is not adjacent to any streets that are to be undergrounded, however it will benefit from increased reliability due to the new underground system. The assessment for this parcel was based on the square footage of the existing building (2000 sq. ft.) since the rest of the lot is recreational beach area. • The City owns two parcels in the District ( Asmnt No 43 and APN 047 - 171 -21). Only one parcel Asmnt No. 43 is assessed in the amount of $50,777.59 (not including ITCC tax). The other parcel is not assessed because it is part of an alley right -of -way and does not have any potential for development. A Final Engineer's Report has been submitted for consideration if no majority protest exists. The assessment for three parcels ( Asmnt. Nos. 138, 139 and 140) have been reduced due to reductions in their parcel areas. The reduction in the amount generated (a total of $4,156, including the ITCC portion) has been deducted from project contingencies. Adoption of these Resolutions will also designate this area as an Underground Utilities District per Chapter 15.32 of the Municipal Code of the City of Newport Beach. Environmental Review: This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption under Section 15302, item "d" of the Implementing Guidelines as follows: "Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the und erg rounding." Underground ing Utilities In Proposed Assessment District No. 99 Balboa Blvd. Alley — Designation of this Area as an Underground Utilities District June 26, 2007 Page 4 Public Notice for this Public Hearing was mailed out on March 16, 2007 to provide a minimum 45 -day noticing to property owners within the proposed district boundary. Funding Availability: Upon formation and approval of the District, funding will be provided by property owner contributions and bonded assessments. See attached Budget Amendment. Prepared by: Patrick L. Arcinie a Associate Civil Engineer Submitted by: SkVeh G. Badum Public Works Director Attachments: Resolution May 8, 2007 Council Report (without attachments) Sketch Final Engineer's Report Budget Amendment Resolution RESOLUTION NO. 2007 Resolution Declaring the Results of the Ballot Tabulation, Approving the Assessment Engineer's Report, Confirming Assessments for Assessment District No. 99 (Balboa Boulevard Alley), Ordering the Acquisition of Improvements, and Designating the Area an Underground Utilities District WHEREAS, this City Council has previously adopted its Resolution of Intention and initiated proceedings for the acquisition of certain public works of improvement, namely, the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work, in a special assessment district designated as Assessment District No. 99 (Balboa Boulevard Alley) (hereinafter referred to as the "Assessment District ") 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 "Improvement Act "); WHEREAS, this City Council finds that the public necessity, health, safety and welfare requires the removal of poles, overhead wires and associated overhead structures within the area of the Assessment District and the underground installation of wires and facilities for supplying electric, communication or similar or associated service; WHEREAS, this City Council furtherfinds that the area comprising the Assessment District should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach; WHEREAS, the Report, as preliminarily approved, contained all the matters and items called for pursuant to the provisions of the Improvement 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 Improvement Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law "), including the following: 1. Plans and specifications of the improvements proposed to be acquired; 2. Estimate of cost of acquisition of the improvements proposed to be acquired; 3. Diagram of Assessment District identifying all parcels that will receive a special benefit conferred upon them from the acquisition of the improvements and upon which an assessment is proposed to be imposed; 4. An assessment proportionate to the special benefit to be conferred upon each parcel to be assessed; 5. A description of the works of improvement proposed to be acquired; 6. An estimate of the time required to complete the conversion. WHEREAS, notices of a public hearing, accompanied by ballot materials, were mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full public hearing on the 1 improvements and assessments was held on the date hereof, and at the conclusion of the public hearing all ballots submitted pursuant to the Assessment Law were tabulated, all in the manner provided by the Assessment Law; WHEREAS, at this time this City Council determines that the ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceeded the ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest does not exist; WHEREAS, this legislative body now desires to approve, confirm and order the improvements and assessments as set forth in the Assessment Engineer's Report as submitted; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby Determine, Order and Resolve as follows: RECITALS SECTION 1. The above recitals are all true and correct. WRITTEN PROTESTS SECTION 2. All protests and objections of every kind and nature submitted pursuant to the Improvement Act are hereby overruled and denied. BALLOT TABULATION PURSUANT TO ARTICLE MID SECTION 3. The ballots submitted pursuant to the Assessment Law in opposition to the assessment and weighted as required by the Assessment Law do not exceed the ballots submitted in favor of the assessment and similarly weighted, and it is thereby determined that a majority protest pursuant to the Assessment Law does not exist. SPECIAL BENEFITS RECEIVED SECTION 4. Based upon the Assessment Engineer's Report and the testimony and other evidence received at the public hearing, it is hereby determined that: A. All assessed properties within the boundaries of the Assessment District receive a special benefit from the works of improvement as proposed to be acquired for said Assessment District; B. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirely of the cost of the acquisition of the works of improvement; 2 C. No assessment to be imposed on any parcel exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel; D. Only special benefits have been assessed and all parcels receiving a special benefit are to be assessed. PUBLIC INTEREST AND CONVENIENCE SECTION 5. The public interest and convenience require the acquisition of the improvements, and therefore it is hereby ordered that the improvements be acquired, together with appurtenances and appurtenant work in connection therewith, in said Assessment District, as set forth in the Resolution of Intention previously adopted and as set forth in the Assessment Engineer's Report presented and considered at the public hearing. ASSESSMENT ENGINEER'S REPORT SECTION 6. The Assessment Engineer's Report, as now submitted, updated and amended, is hereby approved and said Report shall stand as the report as required by the Assessment Law for all future proceedings for this Assessment District. CONFIRMATION OF ASSESSMENT SECTION 7. The assessments, as now filed in the Assessment Engineer's Report and diagram for the improvements to be acquired, together with appurtenances and appurtenant work in connection therewith, are hereby confirmed. The assessments contained in the Assessment Engineer's Report are hereby levied and approved as follows: A. The final assessments to represent the costs and expenses to finance acquisition of the works of improvement, including the portion for possible federal tax liability, as authorized by these proceedings and the Assessment Law. B. The annual assessment to pay for administrative costs in an amount not to exceed the maximum annual assessment as set forth in the Assessment Engineer's Report. RECORDATION OF ASSESSMENT SECTION 8. The City Clerk shall forthwith deliver to the Superintendent of Streets the assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with a certificate of such confirmation attached and the date thereof; and that said Superintendent of Streets shall then immediately record said diagram and assessment in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. 3 COUNTY RECORDER NOTICE SECTION 9. Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. MAILED NOTICE SECTION 10. Upon recordation of the diagram and assessment, a notice shall be mailed to each owner of real property within the Assessment District at the owner's last known address, as said address appears on the last equalized tax rolls of the County, said notice to set forth a statement containing a designation of the property assessed, as well as the amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant to the "Improvement Bond Act of 1915'. PUBLICATION SECTION 11. Notice shall also be given by publication in the designated legal newspaper, said notice setting forth the amount of the final assessment and indicating that said assessment is now due and payable, and further indicating that if said assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law. ASSESSMENT COLLECTION SECTION 12. The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into the assessment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked "public improvement assessment' or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that said entry then shall be made each year during the life of the bonds for the proceedings for the above - referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this legislative body may, by Resolution, designate an official other than the County Tax Collector to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure. 0 In accordance with the provisions of Section 8685 of the Streets and Highways Code, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners ", and extend the proper installment opposite the same. ASSESSMENT VERIFICATION STATEMENT SECTION 13. The County Auditor is directed, within 90 days after any special assessment installment becomes delinquent, to render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for said delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This direction is specifically made pursuant to the authorization of Section 8683 of the Streets and Highways Code of the State of California. ASSESSMENT DISTRICT FUNDS SECTION 14. The Treasurer is hereby authorized at this time, if not previously done, to establish the following funds as necessary for the payment of costs and expenses and administration of the proceedings for this Assessment District: A. Improvement Fund: All monies received from cash collections, proceeds from the sale of bonds, and applicable contributions shall be placed into the Improvement Fund. B. Reserve Fund: All monies as designated to assist in the payment of delinquencies shall be placed into the Reserve Fund. C. Redemption Fund: All monies received from the payment of assessments shall be placed in the Redemption Fund. For particulars as to the administration and handling of the Funds, the specific terms and conditions shall be set forth in a Bond Indenture to be approved by the subsequent adoption of a Resolution Authorizing the Issuance of Bonds. UNDERGROUND UTILITIES DISTRICT DESIGNATION SECTION 15. The Assessment District area is hereby designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach. A description of the area included within the underground utilities district is contained in the Assessment Engineer's Report and incorporated herein bythis reference. 61 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of June, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk f. \users\pbw \shared \cou nd IVy06- 07 \06- Mad -99- hessel I -res -a pproAnalerdeclareresul ts.doc May 8, 2007 Council Report SHEET 5 `z. = COC ►K 30 BLOCK 30 THE SOLHOAR, 0, THE ANDPOSEO ASSESSMENT NST,MCT COINCIDES WON THE ASSESSOR'S PARCELS WINE. NE ONNOPAT SHEET 6 SHOWN ON MIS PAN. MR PANYEc S or LINES AHO D.cNsNNs a AssesI PAN.W. REFERENCE IS WE TO THE NAPS OF NE OPMECOUNTY ASSESSOR, ,SPECI�T BOOK 47 PA= M 16, 17, 10. SO, 21, 14 AND 30. ALL D. ENSRNS MMIN ARE PER M c ASSESSOR'S PARCEL NAPS, 3E O ACCEPTED AND FILED AT THE REQUEST OF OTY M NEWPORT SEA. DATE FINE _PEE INSTRUMENT I- SCOX -PAGE - OW ~D of ASSESSPENT AND ClJMN1116TY FAMTES DISTRICTS IN THE OFPCE a THE RECORDER OR THE COUNTY of ORANGE. STATE OF CWFMNFA. YEN DALY COUNTY CLERK RECORDER DEPUTY EXERPT RECORDING PER G.C. 5103 FILED IN ME OFFXDE OF THE CITY cLEmK Of me CITY OF NENPORT DEAN NIS � DAY OF m_ I CITY CLEAN I HEREBY CERTIFY ThAt THE WAR SNOWNG PROPOSED OF ASSESSMENT OMMOT NA, 0. Ott al, E%RNDRT 8E1C11. COUNTY Of ORANGE, WAS APPROVE Or THE OTY CURANCIL Or THE CITY Of NEWPORT ENEAN, AT A REGULAR WESTING THEREOF, HEW ON NE DAT OF. 20 Or In RESOILUTICH .0. -, CITY CLERK ASSESSOR'S PARCEL URE WT LINE ASSESSMENT DIMICT EMNOARY ----- TRACT LINE - -- CENnRUNE I LOT NUMBER N,A-P. HOT A PART Or ASSESS-ENT 03"NCT A SIM"'No ..L OR 11611-170 two au -39ao NOT TO SCALE PAYS 3/19/07 SHEET` I or a MATCti<,Ne see syeeT 3 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Assessor's Map Book 047 GRAPHIC SCALE IwmTl I me.eon LEGEND ASSESSOR'S PARCEL LINE --- -- LOT LINE ASSESSMENT DISTRICT BOUNOARY - - - -- TRACT LINE —'— CENTERLINE I LOT NUMBER (I ASSESSOR'S PAGE SECTION C ASSESSORS PARCEL NUMBER N.A.P. NOT A PART OF ASSESSMENT DISTRICT MATCtir�Ne G PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Assessor's Map Book 047 9 4 ,.. .. It i LEGLrD 12 / •c O O B 2 (`° i ASSESSOR'S PARCEL LINE a ! ; \ O / g 5 y.h.y ------ LOT urvE ♦.\ 5 ;+ `� 2 I ___� ASMSMENT DISTRICT BOUNDARY 8 ,g .� �:. 14 135 12 11 ....� ...�19 I —.— CENTERLINE `\ 9 iD 9 •.��I�r,,, I LOT NUMBER 2 4 b j / 4. y F— F. ASSESSOR'S PAGE SECTION / r LLJ LJ ASSESSORS PARCEL NUMBER O 4 O g 3•. 3i toy �e N.A,P. NOT A PART OF ASSESSMENT DISTRICT 18 17 s B m • © ® LLJ (n @) •' .. m 2 1 12 ® .... e 15 Z r = GRAPHIC > n' F. IWMMAHMM WHEN. ON MANAGERS a < I d II) Iwo • N R CML Y N 9 L0.M, W q 1111.1L G 92614_ery9 (90) 655-3900 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Assessor's Mop Book 047 I I BALBOA BLVD in Ld r I w O W n 34 3 317 4 23Q 10 Ni P2 i Ir4 ®9i�� ! W I i ^iUr 173 x 9s x4 n n n xe n w I .9 m x1 n x. n x9 n i x9 v W j[ k 201 xuv W Z l�Q ©Q��O �! Z W i $ 1 0 3 16 17 i6 t 14 /3 12 11 10 w W I fp V 9 a l s 1 x -7n F- L..— .— .— .— . —. —. —. 1 —..- QCEYRt---- - - - - -- fRON-T -- - - - - -- -- m LEGEND ASSESSOR'S PARCEL UNE - - -- LOT LINE _ -� ASSESSMENT DISTRICT BOUNDARY —'— CENTERUNE �gC�RRAyM�W�lplbyERS GRAPHIC SCALE 9 LOT NUMBER gM1 @t1c�n.ePe'w�� N EI MW PAIN. 51111E 150, IR"E, CA 92914 -4109 111 ASSESSOR'S PAGE SECTION (949) 9ss-s9m ( n im I O ASSESSOR'S PARCEL NUMBER 9 m.9 -mn N,A,p. NOT A PART OF ASSESSMENT DISTRICT PATE 9 /10 /m sNEE!_ W 6 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Assessor's Map Book 047 BALBOA BLVD. .4. T T LLI LLJ r �� 04 (D xa LLJ (A N "' 2 30 ©g V'DO(D Bt©13 3t 2 0 © ®�® ® �® i 101 sP CZ]i LEGEND • xy is +a xo x+ xx ss x. W I a 202 .Nx i +' 211 W ASSESSOR'S PARCEL UNE W - Y : t3 N —LOT LINE Cn © © ® © © ® © © ® O O O Q m p 8 2 3 79 76 1] 16 $ASSESSMENT DISTINCT Z:� .++ d 3 Q s W BOUNDARY J y Z t 1- ........... ........ T. J CEN'IERUNE 29 = 1 LOT NUMBER F- ' ' s ' • y I s + fU- ASSESSOR'S PACE SECTION m I O ASSESSOR'S PARCEL NUMBER N,A,P, NOT A PART OR ASSESSMENT DISTRICT 300 G) Ham t Anadala PPCpRpOCPAM M.ITIAEL'F.� CxY19l [xxMOxN�xL�AC[7ii d• XCUDYE PNM, PAIL 1N. I"M CA 9"1• -•Mf GRAPHIC SCALE Nom) x me -eon 11x9101 SMCR y'y -0% a ® 2®® 31 ® 19 18 17 tt v ,l +x 6 5 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA lAssessor's Mop Book 047 BALBOA BLVD. LOTS 14-27 LEGEND ui ui LINE X Lo 23 21 A�SSOR'S PARCEL A (212 LOT LINE Ld BOUNDARY ASSESSOR'S PARCEL NUMBER N.A.P, NOT A PART OF ASSESSMENT OSTRICT M.E, 9204-470 GRAPHIC SCALE SHEET 4 ` Final Engineer's Report City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Enoineer's Renort TABLE OF CONTENTS APPENDIX Assessment Calculations QANewpon BeaWAd99keponMad99 final rpi 1 liun07.doc Page Introduction and Certifications ............................................................. ............................... I PART I Plans and Specifications ..................................................... ..............................4 PARTII Cost Estimate ....................................................................... ..............................5 PART III Assessment Roll and Method of Assessment Spread ....... ..............................6 Table1 — Assessment Roll .................................................... ..............................8 Debt Limit Val uation ......................................................... ............................... 13 Exhibit 1 — Method and Formula of Assessment Spread ... ............................... 14 PART IV Annual Administrative Assessment .................................. .............................21 PART V Boundary Map and Diagram of Assessment District ..... .............................22 BoundaryMap ...................................................................... .............................23 AssessmentDiagram ............................................................ .............................29 PART VI Description of Facilities ..................................................... .............................35 Right -of -Way Certificate ..................................................... .............................36 Certification of Completion of Environmental Proceedings .............................37 APPENDIX Assessment Calculations QANewpon BeaWAd99keponMad99 final rpi 1 liun07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Reoort Pace 1 AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 99 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE The purposes of this Assessment District is to provide financing to underground power, telephone and cable facilities in the area generally described as Balboa Boulevard Alley, specifically the areas between Balboa Boulevard and Ocean Front West; from McFadden Place to 14'h Street; between Newport Chalmel and Balboa Boulevard, from 21" Street to 19'h Street. The proposed underground utility improvements will provide conversion to a more safe and reliable upgraded utility system and will improve neighborhood aesthetics. The construction of these improvements will conform to existing City of Newport Beach, Southern California Edison, AT &T and Adelphia Cable standards. By virtue of such improvements, the proposed improvements are of special and direct benefit to these properties. Pursuant to the provisions of Article XIIID of the State Constitution, Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code of the State of California; and the "Municipal Improvement Act of 1913 ", being Division 12 of said Code, and the Resolution of Intention, adopted by the City Council of the CITY OF NEWPORT BEACH, State of California, in connection with the proceedings for Assessment District No. 99 (hereinafter referred to as the "Assessment District "), I, loan E. Cox, P.E., a Registered Professional Engineer and authorized representative of Harris & Associates, the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated below. PART This part contains the plans and specifications which describe the general nature, location and extent for the proposed improvements to be constructed, and are tiled herewith and made a part hereof. Said plans and specifications are on file in the Office of the Superintendent of Streets. PART II This part contains an estimate of the cost of the proposed improvements, including capitalized interest, if any, incidental costs and expenses in connection therewith as set forth herein and attached hereto. PART III This part consists of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in Q1Newpon BeacMAdWreport5 \ad99 final rpi ] Ijun07.doe City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Enaineer's Reoort Facie 2 proportion to the special benefits to be received by such subdivisions from said improvements, which is set forth upon.the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true value, determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. PART IV This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration and registration of any associated bonds and reserve or other related funds, or both. PART V This part contains a map showing the boundaries of the Assessment District, and a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention. The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. PART VI This part shall consist of the following information: A. Description of facilities B. Right- of-Way Certificate C. Environmental Certificate This report is submitted on the day of 2007. HARRIS & ASSOCIATES JOAN E. COX, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q \Newpoa Beach�Ad99 \reports \ad99 final rp1 I I iun07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 3 Preliminary approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the _ day of , 2007. 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 2007. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q_Wmporl neach\Ad99 \reports \ad99 final rpt I Ijun07.doc City of Newport Beach June 77, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 4 Part I Plans and Specifications The plans and specifications to construct the utility undergrounding improvements, and any ancillary improvements thereof, for the area generally described as Assessment District No. 99, Balboa Boulevard Alley, specifically the areas between Balboa Boulevard and Ocean Front West, from McFadden Place to 14" Street; between Newport Channel and Balboa Boulevard, from 21" Street to 19ih Street, describe the general nature, location and extent of the improvements for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. Said Plans and Specifications for the improvements are on file in the office of the Superintendent of Streets. Q %Newport BeacMAd99 \repotIs \ad99 final rpt t Ijun07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 5 Part II Cost Estimate CONSTRUCTION COSTS' Estimated Costs Preliminary Confirmed Electrical Construction Costs (Southern California Edison) $3,805,427 $3,805,427 Telephone Construction Costs (AT &T) $1,248,255 $1,248,255 Contingency (10 %) $505,368 $502,834 AT &T Design Engineering $24,500 $24,500 Edison Design Engineering $15,000 $15,000 Total Construction Costs: $5,598,550 $5,596,016 INCIDENTAL EXPENSES Assessment Engineering $65,000 $65.000 Contract Inspection $56,000 $56,000 Disclosure Counsel $33,000 $33,000 City Administration $70,000 $70,000 Financial Advisor $33.000 $33,000 Filing Fees $5,000 $5,000 Bond Counsel $35,000 $35,000 Paying Agent $3,000 $3,000 Financial Printing, Registration and Servicing $25,000 $25,000 Incidental Contingencies $32,450 $32,288 Total Incidental Expenses: $357,450 $357,288 Total Construction and Incidental Expenses: $5,956,000 $5,953,304 FINANCING COSTS (1st Bond Issue) Underwriter's Discount 1.80% $124,000 $123,643 Bond Reserve 10.00% $687,000 $686,907 Funded Interest @ 3 months @ 6.00% $103,000 $103,036 Total Financial Costs: $1,958,606 $914,000 $913,586 DISTRICT FORMATION AMOUNT TO ASSESSMENT: $6,870,000 $6,866,890 FEDERAL INCOME TAX COMPONENT OF CONTRIBUTION (ITCC) (2nd Bond Issue)'" FINANCING COSTS (2nd Bond Issue) Federal Tax Component $1,959,500 $1,958,606 Underwriter's Discount 1.20% $33,000 $33,000 Bond Reserve 7.00% $162,000 $162,000 Funded Interest @ 3 months @ 6.00% $35,000 $35,000 Bond Counsel $30,000 $30,000 Disclosure Counsel $20,000 $20,000 Financial Printing, Registration and Servicing $18,000 $18,000 Paying Agent $3,000 $3,000 Incidental Contingencies $49,500 $49,348 TOTAL FEDERAL TAX AND FINANCING COSTS: $2,310,000 $2,308,954 TOTAL AMOUNT TO ASSESSMENT: $9,180,000 $9,175,844 " Adelphia Cable is required to pay for undergrounding through the Franchise Agreement with the City. " 2nd Bond Issue for Federal Income Tax Component of Contribution (35 %) will only be issued if the Federal Government requests payment of the tax. Q \Newpnn Reach�Ad99 \'eporcs\ad99 final rpl I IjunN.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 6 Part III Assessment Roll and Method of Assessment Spread WHEREAS; on May 8, 2007 the City Council of the CITY OF NEWPORT BEACH, State of California, did, pursuant to the provisions of the 1913 Act "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code, of the State of California, adopt its Resolution of Intention No. 2007 -26, for the installation and construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 99 (hereinafter referred to as the "Assessment District "); and WHEREAS, said Resolution of Intention, as required by law, did direct the Engineer of Work to make and file a "Report", consisting of the following as required by Section 10204 of the Act: a. Plans b. Specifications c. Cost Estimates d. Assessment Diagram showing the Assessment District and the subdivisions of land therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels within the boundaries of the Assessment District; f The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted. . NOW, THEREFORE, I, Joan E. Cox, the authorized representative of HARRIS & ASSOCIATES, pursuant to Article XIIID of the California Constitution and the "Municipal Improvement Act of 1913 ", do hereby submit the following: Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto and incorporated herein. 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. Q: Newport Beach1Ad99 \iepor1s1ad99 final rpt 1 Ijun07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 7 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915 "), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, THIRTY -NINE (39) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913 ", and by further direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part 111 (Exhibit 1), which is attached hereto, referenced and so incorporated. Q'. \Newport Beach\Ad99\repons\ad99 final rpt I IjunW.duc As Preliminarily Approved As Confirmed Estimated Cost of Construction: $5,598,550 $5,596,016 Estimated Incidental Expenses: $357,450 $357,288 Estimated Financial Costs: $914,000 $913,586 Estimated Federal Tax & Financing Costs: $2,310,000 $2,308,954 Estimated Total to Assessment: $9,180,000 $9,175,844 For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part 111 (Exhibit 1), which is attached hereto, referenced and so incorporated. Q'. \Newport Beach\Ad99\repons\ad99 final rpt I IjunW.duc City of Newport Beach $180,708 $0 DRAFT $39.464.52 $29,533.91 $39,464.52- - June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) $0 $9,844.63 $13,154.83 Final Engineer's Report 81 46 047- 181 -04 $126,040 $0 - -- $29.533.91 $39,464.52 $29,533.91 Page 8 $_39,464.52_ _ 3 47 939 -85 -052 Table 1 $4,145.10 $5,538.87 $4,145.10 $5,536.87 37 48 939 -85 -053 $212,653 $0 Assessment Roll $5,538.87 $4,145.10 $5,538.87 38 49 939 -85 -054 $227,146 $0 $4,145.10 Preliminary Preliminary Final $5,538.87 Final 50 939 -85 -057 $795,601 Assessors Total $4,154.16 District Fop Total Asmt $4.154.16 Dist. For- Total Asmt " The Total True Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st sold in the last four years. (1st & 2nd to Lien No. Number Value Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio 1 047 - 164 -01 $587,709 $0 $90,501.55 $120,932.20 $90,501.55 5 2 047 - 163 -13 $299,661 $0 $35,233.43 $47,080.48 $35,233.43 _$120.932.20 $47.080.48 6 3 ___ 047 - 162 -18 $265,577 $0 $77,375.36 $103,392.41 $77,375.36 $103,392.41 3 4 047 - 162 -17 $1,716,150 $0 $71,157.71 - $95,084.10 $71,157.71_ $95,084.10 _ 16 5 047- 162 -16 $833,850 $0 $35,924.28 $48,003.62 $35,92428 $48.003.62 17 6 047 - 162 -15 $1,304,438 ` $0 _ _ $35,924 28 $48,003.62 $35,924.28 27 7 047 - 162 -14 $1,349,000 $0 $37,305.98 $49,849.91 $37,305.96 $49.849.91 27 8 047 - 162 -23 $3,973,315" _ $0 $105,700.28 - - --- $141,241.42 $705,700.26 $141.241.42 28 9 047 - 162 -20 $49,366 $0 - $8,981.07 $72000.91 $6,981.07 $12.000.91 10 932 -70 -057 $993,175 $0 $241525.23 $32,771.70 $24,525.23 $32,771.70 30 11.. 932 -70 -052 $917.274 $0 $24,525.23 $32,771.70 _ - $24.525.23 --- _..__ $32,771.70 -_ -_ 28- _ .... 12..,,.932 _ -70- 053,._ $1.041.652 $0___ $24,525.23 $32,771.70 _ - -_ $32_771.70_,. -- .32._ _ 13 932 -70 -054 $584,219 $0 _ $24,525.23 $32,771.70_ .$24,525.23 $24,525.23 $32,771.70 19 74 047 - 162-22 _..... $619,288 $0- _ $35,924.28 $48,003.62 __ $35,924.28 $46,003.62 13 15 047 - 162 -21 $7,248,480 $0 $35,924.28 $48,003.62 $35,924.28 $46.003.62 26 16 047- 162 -03 $2, 608, 877- '- - - - -$0 $71,157.71 - - -- $95,084.10 $71.157.71 _ 27 17 047 - 162 -04 $730,688 $0 $71,157.71 $95,084.10 $71,157.71_____ $95,084.10..._._8 _ 18 047 - 16S - 2 -O _. _. ` $0 $35,924.28 $46,003.62 $35,92428 $48,003.62 27 19 _$_1,304,438 047 - 162 -06 $96,171 $0 $26,94320 $36,002.71 __ $26,943.20 $36,002.71 _ 3_ 20 047 - 162 -07 $161,246 $0 $26,943.20 $36,002.71 $26,943.20 $36.002.71 21 047 -16226 -- $970,672 $87,392.71 $116,778.03 _ $116,77803 8 -- 22- 047 - 161 -19 $2,210,429 _$0 _ - -$0 $25,906.93 $34,617.99_ $25,906.93 $34,617.99 64 23- 047- 161 -18 -- $461,726 - -_$0 - - -- $34,542.57 $46,157.32 10 - -- 24 _ 047 - 161 -15 - $144,114 _ - -- $0 _$34,542.57 $34,542.57 _$46,157.32 -- $34,542 .57 $46,157.32 3 25 __ 047-161-21 $1565,326' $0 _ _ __$46,157.32 $55,388.78 _ $41,451.08 $55,366.76 28 26 047 - 161 -20 $7,565,326 $0 _$41,451.08 $41,451.08 $55,388.78 $41,451.08 $55.368.78 28 _27 047 - 161 -14 $832,320 $0 $41,457.08 $55,388.78 $41,451.08$55,388.78_ 15 ._.. 28 047 - 161 -35 $217,300 $0__ $33.160.88 $44,311.04_ $44,311.04 5 29 047 - 161 -36 $217,300 - _ $0 $35,233.43 $47,080.4_8_ _ _$33,160.88 $35,233.43 $47,080.48 5 30 047 - 161 -28 $330,677 _ _ $0 $56,649.82 $75,698.01 _ $56,649.82 $75,698.01 4 31 047 - 161 -22 $701,064 $0 $44,559.92 $59,542.95 $44,559.92 $59,542.95 12 32 047-161-24 $2 315,544 $0 _ $31,088.32 $41.541.60 $31 088.32 $41,541.60 56 33 _. 047 - 761- 23�� $_1,509,451_ $0 _ _ $44.214.50 $59081.38 $44,214.50 _ $59,061.38 26 __- - 34 - 047-161-26 $945,769 $0 $43,523.64 $58.158.23 $43,523.64 $58,156.23 16 35 047-161-27 _ - $985,105 $0 _ _ $42,832.79 - - $57,235.08 $42,832.79 $57,235.08 17 36 047 - 761 -02 $125,219 $0 _ _ -$0 _ $31,779.17 $42,464.74 - $31,779.17 $42,464.74 _- 3 047 - 161 -03 $142,518 $31,779.17 $42,464.74 $31,779.17 $42,464.74 _ 3 38 932 -70 -024 $659,139 $0 $40,069.38 $53,542.49 $40.069.38 $53.542.49 12 39 932 -70 -025 $567_,416 _ - $0 $40,069.38 $53,542.49 _ $40,069.38 $53,542.49 11 40 932 -70 -031 _ $911,650_ $0 $29,015.76__ _ _ _$29,015.7_6_$38,772.15 24 41 932 -70 -032 $403,037 $0 -$0 $29,015.76 _$36,772.15 $38,772.15_ $29.015.76 $38,772.15 10 42 932 -70 -033 $961,327 $2905.76 __ 1 $38.772.15 $29,015.76 $38,772.15 25 44 -45 047 - 181 -02 $180,708 $0 $29,533.91 $39.464.52 $29,533.91 $39,464.52- - - - - -5 -- -- - 047 - 181 - 03_$1,064,804 ___ $0 $9,844.63 $13,154.83 $13,154.83 81 46 047- 181 -04 $126,040 $0 - -- $29.533.91 $39,464.52 $29,533.91 $_39,464.52_ _ 3 47 939 -85 -052 $203,260 $0 $4,145.10 $5,538.87 $4,145.10 $5,536.87 37 48 939 -85 -053 $212,653 $0 $4,145.10 $5,538.87 $4,145.10 $5,538.87 38 49 939 -85 -054 $227,146 $0 $4,145.10 $5,538.87 $4.145.10 $5,538.87 41 50 939 -85 -057 $795,601 $3,108.83 $4,154.16 $3.108.83 $4.154.16 192 " The Total True Value for this _$0 property has been calculated using the average assessed land value of properties within this Assessment District sold in the last four years. " City /State -owned property will be pre -paid prior to bond sale, therefore, value to lien ratio is not applicable Q \Newport Beach\Ad99 \reports \ad99 final rpt 111un07 doc City of Newport Beach DRAFT June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 9 Preliminary Preliminary Final Final Assessor's Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien No. Number Value Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio 51 939 -85 -058 $293,565 $0 $3,108.83 $4,154.16 $3,108.83 $4,154.16 71 52 047 - 152 -14 $1,346,290 $0 $39.033.10 $52,157.77 $39,033.10 $52,157.77 26 53 047 - 152 -03 $0 $2$843A5 $38,541.37 $28.843.05 $38,541.37 15 .__ -. 54 .$575,576_ 3333... 047 - 152 -04 $264,632 $0 _ $14,507.88 _ $19.386.08 $14,507.88 $19,386.08 14 55 ___..._... 047 - 152 -05 $262,426 $0 _ _ _ $14,507.88 $19,386.08 .8 $14,507.68 $19,386.08 14 56 . 3333. 047 - 152 -06 $413,039 $0 _ _ _ $22,970.61 $30,694.62 3333. $22,970.81 $30,694.62 13 57 047 -15215 $963963 $97161.17 $72,712.12 $97,161.17 10 56 _. __._.-._... -.. 047 - 152 -12 $134.074 _-$0 __ $0 _$72,712.12 $17,616.72 $23,540.24 $17,616.72 ......... $23,540.24 6 59 047 - 152 -08 $318,807 $0 $26,943.20 $36,002.71 $26,943.20 $36,002.71 9 60 047 - 152 -07 $487,571 $0 $24.179.80 $32,310.13 $24,179.80 $32,310.13 15 61 047 - 153 -12 $331,949 $0 $107,945.54 $144,241.64 $107,945.54 $144241.64 2 62 047 - 153 -26 $156,175 $0 $7,599.37 $10,154.62 $7,599.37 $10154.62 15 63 047 - 153 -27 $706,905 $0 $29,015.76 $38,772.15 $29,015.76 $38,772.15 18 64 047- 153 -28 $706,905 -- $0 - - - -- $29,015.76 $38,772.15 -_ $29.015.76 $38,772.15 18 3353 -._ 65 047 - 153 -21 5533 $263,715 $0 $51,813.86 $69,235.99 .__ $51.813.86 5353.. ...35.99 $69,235.99 _ _. -. 4 66 047- 153 -25 $1,536,744 _ $0 $8,462.93 $11,308.54 $8,462.93 $11,308.54 136 67 047 - 153 -24 $147,759 _ $0 _ $8,462.93 $11,308.54 _ $8,462.93 $11,308.54 13 68 047 - 153 -20 $220,292 $0 $8,462.93 $11,308.54 _ $8,462.93 $11,308.54 19 69 047 - 153 -10 $1.261,904 $0 $9,326.49 $12,462.47_ $9,326.49 $12,462.47 101 70 047- 153 -09 $1.377,771 $0 $6,908.51 $9,231.46 $9,231.46 149 71 047 - 171 -01 $146,629 -- $0 $11,744.47 $15.693.49 $11,744.47 $15,693.49 9 __ 72 47.55_ 047 - 171 -02 ._. $55,672 $0 $7,944.79 $10,616.18 ....__...... $7,944.79 $10,616.18 ....._...__.._ 5 .._ 4417..03 73 047 - 171 -03 _4375. $30.472 $0 $6,563.09 $6.769.89 $6,563.09 9 $8,769.89 . 3533_.__........._._.. 3 74 047 - 171 -04 $28,427 $0 $5,526.81 $7,385.17 $5,526.81 $7,385.17 4 75 047 - 171 -22 $27,989 _ - - - -$0 $4,490.54 $6,000.46 _ $4,490.54 $6,000.46 5 76 047- 171 -16 $162,573 $0 $16.235.01 $21,693.94 $16,235.01 $21,693.94 7 3353... 77 4373. 047 - 171 -15 $98,9C27 $0 $22.279.97 $29,771.49 $22,279.97 . .. .........._ $29,771.49 5533 .. 3333.. 3 78 ---047- 171 -14 _ $944,741 $0 $22,279.97 $29,771.49 - $22,279.97 $29,771.49 32 79- 047- 171 -13 $1,043,551 - _ $0 $22.279.97 $29,771.49 $22,279.97 ... $29,771.49 .......... 3333... 35 80 3333_ _.. 047 - 171 -12 $263.355 $0 $22,279.97 $29,771.49 $22,279.97 ......_. ...... .......... $29,771.49 9 81 3333. __-__.... _ __ 047 - 171 -11 $103,337 _ $0 __ $22,279.97 $29,771.49 $22,279.97 ... .. . . $29,771.49 3 82 047 - 171 -10 $1,210,000 $0 $18.653.00 $24.924.97 518,653.00 $24,924.97 49 83 047 - 171 -09 $1,534,500 $0 $14.853.31 $19.847.65 $14,853.31 $19,847.65 77 84 047 - 171 -20 $84,902 $0 $18.998.42 $25.386.53 $18,998.42 $25,386.53 3 85 047 - 171 -19 $84,971 $0 $16.580.44 $22.155.52 $16,580.44 $22,155.52 4 86 047 - 171 -17 $420,119 $0 $13.817.03 $18.462.93 $13,817.03 $18,462.93 23 87 047 - 172 -25 $455,865 $0 $32.124.60 $42,926.32 $32,124.60 $42,926.32 11 88 047 - 172 -24 $408,752 $27694.39 $20,725.54 $27,694.39 15 89 _ 047 - 172 -02 $484,456 __$0$20,725.54 $0 $20,725.54 $27,694.39 $20,725.54 $27,694.39 17 90 047 - 172 -03 $1,043,551 ' $0 _ $20,725.54 $27._694.39 $20,725.54 $27,694.39 38 _ 047 - 172 -04 $100,215 $0 $20.725.54 $27.694.39 _ $20,725.54 $27,694.39 4 _91 92 047 - 172 -05 $467,535 $0 _ $27.694.39 $20,725.54 $27,694.39 17 93 047 - 172 -06 $1,043,925 $0 _$201725.54 $20,725.54 $27,694.39_ $20,725.54 $27,694.39 38 94 047 - 172 -07 $868,824 $0 _ $20,725.54 -- - $27.694.39_ $20,725.54 $27,694.39 31 95 047 - 172 -19 $991,272 $0 $20,725.54 $27.694.39 $20,725.54 $27,694.39 36 . 96 ...__..._.. _...._.._ 047 - 172 -21 $1,560,600 --_ $0 $20,725.54 $27,694.39 $20,725.54 $27,694.39 _ 56 __. 97 45_35 3333... 4433.. 047 -172 -20 $105.526__ $0 $25,043.36 $33,464.06 3355._.. $33,464.06 .. 3 98 047 - 172 -18 $1,396,748 $0 $18,307.56 $24,463.38____$16,307.56 _$25,043.36 $24,463.38 57 99 047 - 172 -17 $1,036,874 $0 $23,834.38 $31,848.56 $23,834.38 $31,848.56 33 100 047 - 172 -28 $1,383,705 $0 $23,834.38 $31,846.56 $23,634.38 $31,848.56 43 101 047 - 172 -29 $1729,632 $0 $23,834.38 $31,848.56 $23,834.38 $31.848.56 54 102 047 - 172 -15 $855,670 _ 4535 $0 $23,834.38 $31,848.56 $23,834.38 $31,848.56 27 1 03 047 - 172 -14 $835,756 $0 $23,834.38 $31,846.56 $23,834.38 $31,848.56 26 104 047 - 172 -23 $602,287 $0 $23,834.38 $31,848.56 $23,834.38 $31.848.56 19 The Total True Value for this property has been calculated using the average assessed land value of properties within this Assessment District sold in the last four years. Q:\Newport 13each\Ad99 \rcportsW99 final rpt I Ijun07.doc City of Newport Beach DRAFT $94.652 June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) ....___..... 107 2..,3,3....... 047 - 172 -26 _. $2,119 $2,119,646 Final Engineer's Report $23,834.38 $0 108 Page 10 $2,184,840 $0 $20,034.70 $23,316.24 047 - 201 -36 109 - 047 - 172 -10 Preliminary Preliminary Final Final $20,380.12 Assessor's Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien No. Number Value Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio 106 047 - 172 -12 $94.652 $0 $23,834.38 ....___..... 107 2..,3,3....... 047 - 172 -26 _. $2,119 $2,119,646 $0 $20,380.12 $23,834.38 $0 108 _ 047 - 172 -27 $2,184,840 $0 $20,034.70 $23,316.24 047 - 201 -36 109 - 047 - 172 -10 $3.017,160 $0 $20,380.12 ..... - _. -__... 07.,3.,3. $0 $19,689.26 $22,279.97 $20,380.12 110 047- 172 -09 $309.003 $0 $20.034.70 $16,580.44 111 173 -01 $2,347,989' $0 $20,034.70 $24.870.65 $0 __- __047- 112 047 - 173 -34 $96,375 $0 $20,034.70 " The Total True 113 047 - 173 -33 $502,427 $0 $20.380.12 assessed Ian( 114 047 - 173 -03 _ $357,162 $0 $20,034.70 $0 $0 $0 $0 $0 $31.848.56_ _ _ _ $31.156.20 $29.771.49 $22.155.52 $33,233.27 115 047 - 173 -04 $549,620 $0 $20,380.12 $27,232.82 116 047 - 173 -05 $279,895 $0 $20,380.12 $27,232.82 $0 117 047 - 173 -32 $467,773 $0 $20,034.70 $26,771.26 047 - 201 -36 118 047 - 173 -31 . 047 - 173 -07 $421,457 .. .. ......_........ $480,621 $0 $20,380.12 ..... - _. -__... 07.,3.,3. $0 $19,689.26 $27,232.82 $26,309.67 $20,380.12 _119 047- 173 -24 $71,577 $0 $20.034.70 $26,771.26 - -_121 047 - 173 -23 $112,641 $0 $20,034.70 $26,771.26 $0 __- 122. 047- 173 -09 $1,438,200 $0 $20,034.70 $26,771.26 " The Total True _ 123 047- 173 -10 $600,939 $0 $20,034.70 $26,771.26 assessed Ian( _ 124 047 - 173 -11 $413,854 $0 $20,03470 $26,771.26 125 126 127 047 - 173 -12 047 - 173 -22 047 - 173 -25 $176,865 ..,7 ,3,079.,3,3.07 $6,783,079' $1,332,070 $0 $40,760.24 ..,3,3,3.....,3.._._.. $D $133,679.79 ..- .,3,3,3.,3__.......3 .. ... $0 $43,005.51 $54,465.65 $178,629.04 ,3.,3 $57,465... $57,465.88 128 - 932 -91 -095 $788,387 $0 $13,471.61 $18,001.36 129 932 -91 -096 $1.102,640 $0 $13,471.61 $18.001.36 130 131 132 133 .. 134 .. 135 932 -91 -097 047 - 173 -20 047 - 173 -27 047 - 173 -28 932 -91 -101 932 -91 -102 $943,242 ......3..0.07.._.... $353,033 $312,342 $284,873 . _.. _ $305,842 ._ _ ......... $306,493 $0 $13,471.61 07.07... $0 $38,860.40 $0 $38,860.40 $0 $36,787.84 _ _ _.,3.,3.,3.,3...._.... 0712.4 __......... $0 $12.435.33 ,3......,3.._..,3,3_ _._. _ __._.._... $0 $12,435.33 _ $18,001.36 $51.927.00 $51,927.00 $49,157.55 . $16.616.64 .. . . $16.616.64 136 932 -91 -103 $307,363 $0 $12,435.33 $16,616.64 137 136 _ 047- 173 -29 047 - 173 -17 $124,289 .._ .._.......... $437,717 $0 $35,751.56 $0 $37.305.98 $47,772.83 .. .. $49,849.91 39 047- 173 -16 $881,471 $0 $36,787.84 $49,157.55 140 047 - 173 -15 $178,658 $0 $36,269.70 $48,465.19 141 ._. 142 _1_43 _ 047 - 173 -13 047 - 173 -14 _047- 201 -01 $183,508 ...... .........._ $1,243,171 $1,589,735 $0 $15,544.16 ._.,3...,3.._._07 ....- __._........ $0 $7,253.94 $0 $16,580.44 $20,770.80 $9,693.04 $22,155.52 144 145 047 - 201 -02 047- 201 -26 $50,231 $323,373 $0 $6,390.37 $0 $11,399.05 $8,539.10 $15,231.92 146 047 - 201 -25 $126,583 $0 $4,490.54 $6,000.46 _ 147 047- 201 -24 $33,387 $0 $7,772.08 $10,385.40 _ 939 -80 -001 $233,904 $0 $11,399.05 $15,231.92 _148 149 150 _ 151 939 - 80-002 047 - 201 -32 047 - 201 -31 $743,886 ................... $951,429 $969,738 $0 $11,399.05 .. . _... ... $0..,, ,_..,._$20,380.12 $0 $20.380.12 $15,231.92 $27,232.82 $27,232.82 152 047 - 201 -29 $821,363 $0 $20,380.12 $27,232.82 153 047- 201 -05 1322,798 $0 $20.380.12 $27,232.82 12 70 12 $13,471.61 $13,471.61 $38,860.40 $38,860.40 $36.787.84 35,751.56 35.751.56 35.751.56 35.751.56 15,544_16 $7,253.94 $11,399.05 .,.... $20,380.12 154 939 -80 -014 $790,692 $0 $10.017.35 $13,385.63 $10,017.35 155 939 -80 -015 $1,190,000 $0 $10.017.35 $13,385.63 $10,017.35 156 047 - 201 -36 $100,295 $0 $20,380.12 $27,232.82 $20,380.12 157 047- 201 -37 $100,296 ......$0.._.. . _$20,380.12- $27,232.82 .$20,380.12 158 047 - 201 -08 $166.458 $0 __- $20,380.12 _ $27,232.82 $20,380.12 " The Total True Value for this property has been calculated using the average assessed Ian( within this Assessment District sold in the last four years. IjmiOZdoc 8.56 3 8.56 67 6.20 70 1.49 101 5.52 14 3.27 71 1.26 4 232.82 20 232.82 10 771.26 17 232.82 15 .309.67 18 .771.26 3 .771.26 4 771.26 54 771.26 22 771.26 15 465.65 _ 3- 629.04 38 ,3,3,3......,3_.. .. ............ 465.88 23 927.00 7 927.00 6 l517..55___.__6___ 616.6418____ 616.64 18 616.64 18 772.83 3 __ 772.83 9 _ 772.83 18 772.83 4 77_0.80 _ 9 693.04 128 155.52 72.... $15,231.92 21 $6,000.46 21 $10,385.40 3 $15,231.92 15 $15,231.92 49 ...,3,3.,3...,3.__........ $27.232.82 __ 35 $27,232.82 36 $27,232.82 12 $13,385.63 59 $13,385.63 89 $27.232.82�� _.__ � 4 $27.232.82__ 4. $27.232.82 6 of propert ies Q: \Newport BeachVad99 \reports \ad99 final rpt 1 $27,232.82 30 $27,232.82 12 $13,385.63 59 $13,385.63 89 $27.232.82�� _.__ � 4 $27.232.82__ 4. $27.232.82 6 of propert ies Q: \Newport BeachVad99 \reports \ad99 final rpt 1 City of Newport Beach DRAFT $411,756 June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) $11,744.47 $15,693.49 Final Engineer's Report 216 ---160 1 161 -16 047-201-22 Page 11 so �6296,21-- - $11077.75 11 $8,290.21 -V11077,75 Preliminary Preliminary Final Final 0477TO1 21 Assessor's Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation list (1 st & 2nd mation (1 st (1st 82nd to Lien No. Number Val". Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio Q:\Newpom 13each\4d99\repons\ad99 final mt 1 1jun07 doc 047-.2.01-2.3 $411,756 $0 $11,744.47 $15,693.49 $11,744.47 $15,693.49 216 ---160 1 161 -16 047-201-22 $951,478 so �6296,21-- - $11077.75 11 $8,290.21 -V11077,75 86 0477TO1 21 $819,393 $0 - --- ---------- -....- $36,787.84 ... .. . I $49,157.55 $36,787.84 . .. ......... $49,157.55 .... . 17 163 W-20-1-20 S1.826,214 $0 $36,,78784 . - . . 1 . --------- $ . 49,1 . 57.55 $36,787.84 . $49.157.55 1 1 1 37 164 -168- 934-M-06 $830,043 $o $134.69 $24,232.H $18,134.85 V41232.59 34 939-80-021 $531,324 so $18 . 134.8 1 5 $M,232.59 $18,134.85 $24,2U.69 22 1H 647-iwTg $345,665 �6 U6,15T68 $36,787.84 -WT,157.55 7 167 047-201-17 $1,501,325 $0 $36,787.84 $49,157.55 $36787.84 $49,157.55 31 168 047-201-16 $3,350,000 $0 $36,787.84 $49,157.55 $36,787.84 3111 $49,157.55 68 — - 169 -647 -201-15 $2,083,990 $0 $36,787.84 $49,157.55 $36,787.84 $49,157.55 42 170 047-201-14 $2,161,696 $0 $36,787.84 $49,157.55 $36,787.84 $49,157.55 44 171 047-201-13 $142,517 $0 $36,787.84 $49,157.55 $36,787.84 $49,157.55 3 172 047-201-12 $681,979 $0 $36.787.84 $49,157.55 $36,787.84 $49,157.55 14 173 047-201-11 $1,210,695 $0 $36,787.84 $49,157.55 $36,787.84 $49,157.55 25 174 047-201-10 $667,078 $0 $28,324.91 $37,849.01 $28,324.91 $37,849.01 18 175 047-202-01 $385,742 $0 $16,925.86 $22,617.09 $16,925.86 $22,617.09 17 176 047-202-02 $385,739 $0 $20.380.12 $27,232.82 $20,380.12 $27,232.82 14 177 047-202-30 $595,426 $0 $20.380.12 $27,232.82 $20,380.12 $27,232.82 22 1111. 178 047-202-29 $591,627 $0 $20.380.12 $27,232.82 $20,380.12 $27,232.82 22 179 047-202-04 $ 133,837 $0 $20,380.12 $27,232.82 $20,380.12 $27,232.82 5 1W 047-202-65 �123,T62 $0 $20.380.12 $27,232.82 $20,380.12 $27,232.82 5 181 047-202-06 $1,657,500 $0 $20.380.12 $27.232.82 $20.380.12 $27,232.82 61 182 047-202-07 $1,324,689 $0 $20.380.12 $27.232.82 $20.380.12 $27,232.82 49 183 047-202-08 $221,214 $0 $20.380.12 $27.232.82 $20.380.12 $27.232.82 8 184 047-202-09 5350,016 $0 $20.380.12 $27.232.82 $20,380.12 $27,232.82 13 185 047-202-10 $1,565,326 $0 $20,380.12 $27.232.82 $20,380.12 $27,232.82 57 186 047-202-11 --�lT308 --$O $20,380.12 -- 20,380.12 $27,232.82 _$27232.82 - $20.380A2 $27,232.82 5 187 047-M-U �4U-i �4 -�O $20.380.12 $27,232.82 $20.380.12 V7,232.82 15 188 047-202-13 ---$-8-2,1- -85 —$0 —$20.380.12 $27.232.82 $20.380.12 $27,232.82 3 189 -- 047-202-31 $1,669,222 $0 $20.380.12 $27,232.82 $20,380 .12 12 V7,232.82 61 190 647 -202-28 $1,190,576 $0 $28,324.91 $37,849.01 $28,32491 $37,849.01 31 191 047-202-27 $962.436 $0 $36,787.84 $49,157.55 $36,787.154 $49,157.55 20 .......... 192 047-202-26 $239.716 $0 $36,787.84 $49.157.55 $36,787.154 $49,157.55 5 193 047-202-25 $2,967.506 $0 $36,787.84 $49.157.55 $36,787.84 $49,157.55 60 194 939-80-008 $573.237 $0 $18,134.85 $24,232.59 $18,134.85 $24,232.59 24 195 939-80-009 $830.792 $0 $18,134,85 $24,232.59 $18,134.85 $24,232.59 34 196 _017 -202-23 $3,366,000 $0 $36,787.84 $49,157.55 $36,787.84 $49,157�55 68 1111 . 197 047-202-22 $1,741,322 $0 $36,787.84 $49,157.55 $36,787.84 $49A57.55 35 198 047-202-21 $2,812,689 $0 $36,787.84 $49,157.55 $36,787.84 $49,157.55 57 199 047-202-20 $449,501 $0 $36,787.84 $49,157.55 $36,787,84 $49.157.55 9 200 047-202-19 $1,826.214 * $0 $36.787.84 $49.157.55 $36,787.84 $49.157.55 37 201 047-202-18 $1,826.214 * $0 $36.787.84 $49.157.55 $36,787.84 $49,157.55 37 202 047-202-17 $247.168 $0 $24,525.23 $32.771.70 $24,525.23 $32,771.70 8 -__- 203 047-211-01 $531.779 $0 $10,190.06 $13.616.41 $10,190.06 $13,616.41 39 204 047-21102 $1.463.700 $0 $20,380.12 $27,232.82 $20,380,12 $27,232.82 54 205 047-211-03 $95.778 $0 $20,380.12 $27,232.82 $20.380.12 $27,232.82 4 206 047-211-04 $127.407 $0 $20,380.12 $27,232.82 $20,380,12 $27,232.82 5 207 047-211-05 $182.718 $0 $20,386-12-- W,M.B2 $20,380.12 $27,232.82 7 2 1 08 047 , -211-3 1 0 -1615374 $0 uO,380.12 $ 1 27,232.82 $2 11 0,3 - 80 . - 1 . 2 $27,232.8 1. 2 . .23 206 6-0-211-29 $103,003 $0 $20,380.12 $27,232.82 $n,380.12 $27232. 1 82 4 210 00-211-26 $525,796 $0 $32,470.01 $43,387.88 -$32,470.01 $43,387.88 12 211 00-211-27 - - ----- . .. ...... $747,854 . $0 $28,324.91 $37,1349.01 $28,324.91 $37,849.01 20 212 047 - 211 -08 $142,389 $0 $23,1334.38 $31,848.56 U3.834.38 $31,848.813 4 • The Total True Value for this property has been cTlWatld using the average assessed land value of properties within this Assessment District sold in the last four years. Q:\Newpom 13each\4d99\repons\ad99 final mt 1 1jun07 doc City of Newport Beach DRAFT June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 12 Preliminary Preliminary Final Final Assessor's Total District For- Total Asmt Dist For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien No. numoer vame Liens none issue) mono issues) none slue) mono issues) Kauo 213 214 047 - 211 -25 047- 211 -24 $242,278 $162,675 $0 $0 $21,243.69 $36,787.84 $28,386.76 $49,157.55 $21,243.69 $36,787.84 $28,386.76 $49,157.55 9 3 215 _ 047- 211 -23 $1,826,214 $0 $36,787.84 $49,157.55 $36,787.84 $49,157.55 37 216 047 - 211 -22 $2,066,656 $0 $36,787.84 $49,157.55 $36,787.84 $49,157.55 42 217 218 939 -80 -010 $1,405,326 939-8- 39 -80 -011 $1,218,796 $0 $0 $18,134.85 $18,134.85-_...__ $36,787.84 $24,232.59 - $24,232.59 $49,157.55 $18,134.85 _ $18,134.85 $36,787.84 $24,232.59 $24,232.59- $49,157.55 __- 58 50....... 42 219 047- 211 -20 $2,080,800 _ $0 220 221 222 223 047- 211 -19 $130,648 047 - 211 -18 $181,041 047- 211- 17 -_.- $3,672,000 047 - 211 -09 - $228,244 -_ $0 $36,787,84 $0 $36.787,84 -$0 — __$36,787.84 $0 $26,597.79 $49,157.55 $49,157.55 $49,157.55 $35,541.15 __- $36,787.84 _$26,597.79 $36,787.84 $49,157.55 3 $36,787.84- .._- __$49, -_._- $49,157,55 15755_- $35,541.15 4 75 6 224 047 - 211 -10 $358,447 $0 $19,689.26 $26,309.67 $19,689.26 $26,309.67 _ 14 225 047 - 211 -11 - $318,615 $0 $22,970.61 $30,694.62 $22,970.81 $30,694.62 10 226 227 047 - 211 -13 047-211 -14 _-- _$91,401 $729,772 $0 $22,970,81 $0 $19,68926'..... $30,694.62 - -.. _$26,309.67 $22,970.81 $19,689.26 $30,694.62 $26,309.67 "_.._. 3 28.. 228 047 - 211 -28 $1,420,779 $0 $29.879.33 $39,926.09 $29,879.33 $39,926.09 36 229 230 231 047 -300 -03 N/A 047 - 212 -25 $1,744,396 047 -212 -06 $344,155 $0 $0 $104,664.00 $0 $2,590.70 $25,216.08 $3,461.81 $139,856.70 $33,694.85 $2,590.70 $104,664.00 $25,216.08 $3,461.81 $139,856.70 $33,694.85 N/A 12 10 232 047- 212 -07 $95,308 $0 $25.216.08 $33,694.85 _ $25,216.08 $33,694.85 3 233 047 - 212 -08 $423,090 $0 $20,898.26 $27,925.19 $20,898.26 $27,925.19 15 234 047- 212 -19 $1,962,051 $0 $53.713.70 $71,774.64 $53,713.70 $71,774.64 27 _._.. 235 047- 21'2 -18 $544,265 $0 $35,751.56 $47,772.83 $35,751.56 $47,772.83 11 236 047- 212 -17 $3.130,652 " $0 $64,940.05 $86,775.78 $64,940.05 _ $86,775.78 36 237 _ 238 239 047- 212 -16 $872,138 047 - 212 -15 $292,095 -047- 212 -14 $4.995,000 ._ $0 -- ---- $0 $36.787.84 $36,767.84 $36,787.84 __$_49,157.55 $49,157.55 $49,157.55__. $36,787.84 $36,787.84 $36,787.84 $49,157.55 $49,157.55 $49,157.55 18 6 102 240 __ 047- 212 -13 $604,118 $0 $36,787.84 $49,157.55 $36,787.84 $491157.55 12 241 047 - 212 -12 $123,025 $0$36,787.84 $36,787.84 $36,787.84 $49,157.55 $49,157.55 $36,787.84 $36,787.84 $49,157.55 3 047 - 212 -11 $1,520,516 ......$0 $49,157.55 31 _242 243 047- 212 -10 $972,514 $0 $49,157.55 $36,787.84 $49,157.55 20 244 047 -212 -09 $123,891 $0 $24,525.23 $32,771.70 $24,525.23 $32,771.70 4 245 047 -240-01 $4,514,117 $0 $37,478.70 $50,080.71 $37,478.70 _ $30,080.71 90 $205,807,952 $0 $6.870,000.00 $9,180,000.00 $6,866,891.16 $9,175,845.84 22 ' The Total True Value for this property has been calculated using the average assessed land value of properties within this Assessment District sold in the last four years. " City /State -owned property will be pre -paid prior to bond sale. therefore. value to lien ratio is not applicable Q %Newport Beach\Ad99 \reports %ad991inal rpt I Ijun07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 13 Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $9,175,844 B. UNPAID SPECIAL ASSESSMENTS $0 TOTAL A & B $9,175,844 C. TRUE VALUE OF PARCELS $205,807,952 ** AVERAGE VALUE TO LIEN RATIO 22 :1 * Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. CERTIFICATION I, the undersigned Assessment Engineer, do hereby certify that (i) the total amount of the principal sum of the special assessments proposed to be levied, together with the principal amount of previously levied special assessments, as set forth above, do not exceed one -half (1 /2) the total true value of the parcels proposed to be assessed, and (ii) the amount proposed to be assessed upon any parcel does not exceed one -half of the true value of the parcel. EXECUTED on June 17, 2007. HARRIS R. ASSOCIATES JOAN E.COX, P.E. K.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q9Ncwport BeaclMd991reports\ud99 final rpt 1 ljun07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 14 Exhibit 1 Method and Formula of Assessment Spread Since the improvements are to be funded by the levying of assessments, the "Municipal Improvement Act of 1913" and Article XIIID of the State Constitution require that assessments must be based on the special benefit that the properties receive from the works of improvement. In addition, Section 4 of Article XIIID of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also provides that parcels within a district that are owned or used by any public agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District. Based upon an analysis of the special benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportionment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits received by each parcel within the Assessment District. Ballot tabulation will be done at that time and, if a majority of the ballots weighted by assessment amount are not in opposition to the Assessment District, the City Council may form the Assessment District. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. SPECIAL 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 streets within the District. These facilities are the direct source of service to the properties within the Assessment District. Q: \Newpon BeachVW99 \repans'ad99 final rpe I I itmV.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 15 The proposed replacement of existing overhead utility facilities (power, telephone_ and cable facilities) with underground facilities will provide a special benefit to the parcels who will be served by the new distribution facilities as a result of enhanced service, reliability and capacity, as well as improved safety. Removal of the existing wood poles and the overhead wires will also aesthetically enhance all parcels that are directly adjacent to these facilities. In this Assessment District, 100% of the cost allocation for the improvements is special benefit to the parcels within the Assessment District and there is no general benefit. By virtue of such special benefits, the proposed improvements will provide a higher level of service, increase the desirability of the properties and will specifically enhance the values of the properties within the Assessment District. Therefore, the proposed improvements are of direct and special benefit to these properties. All general benefits, if any, to the surrounding community and public in general from undergrounding of these local overhead utilities are intangible and are not quantifiable. METHODOLOGY To establish the benefit to the individual parcels within the Assessment District, a Benefit Point system is used. Each parcel of land is assigned Benefit Points in proportion to the estimated special benefit the parcel receives relative to the other parcels within the Assessment District from the Utility Undergrounding Improvements. The highest and best use of each property is the basis on which the Benefit Points are assigned. For example, a vacant property is considered developed to its highest potential and connected to the system. The more a property is developed, the more it benefits from the proposed improvements. In a purely residential Assessment District, properties are often assessed based on the number of dwelling units that can be constructed on them. Because the properties in this Assessment District are of mixed - use, this methodology could not be used. Most of properties within this Assessment District are zoned for either residential or mixed -use commercial, and many are built out to cover virtually the entire property with buildings — basically having almost full utilization of the property. 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, in acres, is used as the base unit for measuring benefit. The area of a condominium is calculated by taking the area of the base parcel and dividing by the number of condominiums. The special benefits from undergrounding the overhead utilities are segregated into three (3) categories, which are discussed below. These benefits are assigned Benefit Factors, which are multiplied by the parcel size, in acres; to calculate the Benefit Points for each parcel. The benefit formula is as follows Parcel Area Aesthetics Safety Reliability Total x Benefit + Benefit + Benefit = Benefit (acres) Factor Factor. Factor Points Q: \Newpon 1?each\Ad99 \reports \ad99 final rpt I ]jt n07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 16 • Improved Property Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. The aesthetic benefit of removing poles and overhead lines along streets adjacent to properties is the increase in property desirability from the construction of the improvements. Parcels that are adjacent to streets with facilities being undergrounded are considered to receive an improved property aesthetics benefit from the undergrounding project. For the purposes of this report, "street" is defined as either a street or an alley. Ocean Front is not considered to be a street, as it is a pedestrian walkway along the beach with no public vehicular access. The Aesthetic Benefit Factor (ABF) for a parcel is calculated by dividing the number of streets adjacent to the parcel with utilities being undergrounded by the total number of streets adjacent to the parcel. For example, if a parcel is adjacent to two streets but only one street frontage has overhead utilities being undergrounded, then its ABF is calculated as I .- 2 = 0.5. • Parcels that are not adjacent to any street that is part of the undergrounding project are deemed to receive no aesthetic benefit and are assigned an ABF of 0. (This applies to Asmt Nos. 9 -13, 22, 32, 45, 66 -70, 142, 143, 144, 145, 161, 189, and 203.) • If a parcel has a pole directly adjacent to it with no overhead distribution wires along the street frontage adjacent to the property (meaning that the pole is the last pole to be removed and that pole is at the corner of the property), this parcel is considered to receive half the benefit for that street. For example, if a parcel is adjacent to two streets and has the last pole to be undergrounded at its property line such that no overhead wires are crossing the property, then its ABF is calculated as 0.5 = 2 = 0.25. (This applies to Asmt Nos. 3, 31, 50, 51, 70, 82, 202, 213, 223, 228 and 235.) Improved Safety Benefit Factor. This benefit relates to the improved 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. All parcels that are directly adjacent to facilities being undergrounded are considered to receive an improved safety benefit from the undergrounding project. The Safety Benefit Factor (SBF) for a parcel is calculated by dividing the number of streets and/ or property lines adjacent to the parcel with utilities being undergrounded by the total number of streets adjacent to the parcel. For the purposes of this report, "street" is defined as either a street or an alley. Ocean Front is not considered to be a street, as it is a pedestrian walkway along the beach. For example, if a parcel is adjacent to two streets but only one street has overhead utilities being underground, then its SBF is calculated as 1 - 2 = 0.5. • Parcels that are not adjacent to any street that is part of the undergrounding project are deemed to receive no safety benefit and are assigned an SBF of 0. (This applies to Asmt Nos. 45, 67- 70, 142- 145, 161, 189 and 203.) • If a parcel has distribution lines and poles being undergrounded adjacent to it that are not in a street (such as along a rear property line), then the SBF is calculated such that the number of streets and property lines that are being undergrounded are divided by the number of streets. For example, if a parcel is adjacent to one street being undergrounded and has additional QANewport BeacEAd99 \reports \ad99 final rpt I 1 junOZdoc City of Newport Beach June 77, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 17 undergrounding at its rear property line, then its SBF is calculated as (I + 1) - I = 2. (This applies to Asmt Nos. 3 — 18, 22 — 42, 60, 61, 66, and 234 — 236.) If a parcel has a pole directly adjacent to it with no overhead distribution wires along the street and /or property line adjacent to it (meaning that the pole is the last pole to be removed and that pole is at the corner of the property), this parcel is considered to receive half the safety benefit for that street frontage or property line. For example, if a parcel is adjacent to two streets and has the last pole to be underground at its property line such that no overhead distribution wires are crossing the property's street frontage or property line, then its SBF is calculated as 0.5 2 = 0.25. (This applies to Asmt Nos. 3, 22, 40 — 42, 66, 82, 234 and 235.) • Improved Service Reliability Benefit Factor. 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. All properties that are connected to poles and wires that are to be undergrounded (whether or not the private service connections are overhead or already underground) are considered to receive this service reliability benefit. The Reliability Benefit Factor (RBF) for a parcel is calculated by dividing the number of utilities they receive service from by 3 (the total number of utilities being underground). For example, if a parcel is receiving only electrical service from the facilities being underground, then its RBF is calculated as I — 3 = 031 ° Parcels that take no service from the distribution wires or poles being undergrounded (such as parcels that are connected to a distribution system already undergrounded or to a system that is remaining overhead) receive no service reliability benefits and are therefore assigned an RBF of 0. (This applies to Asmt Nos. 2, 9, and 47 — 51.) Exceptions There are some parcels whose benefit do not fit the above methodology, and these are explained below. I. Asmt No. 245, Newport Elementary School. a) This property is 2.165 acres. However, elementary schools usually have relatively small areas of office -type uses, similar to commercial office uses, and the rest of the property is devoted to more open classroom -type areas. It is estimated that approximately 20% of the property is truly utilized for the purposes of apportioning benefit Therefore, this parcel is considered to be only about 20% utilized and is considered to receive only 20% of the benefit of other properties that are, or can be, utilized to the fullest capacity of the property. Therefore, this parcel's benefit is calculated based on 20% of the total area of the property, or at 0.434 acres. b) Because improved aesthetics does not impact the desirability of a school property, this property is deemed to receive no aesthetic benefit from the undergrounding project. Therefore, this property is assigned an ABF of 0. Q: \Newport Beach\Ad99 \reports\ad99 final rpt I Ijun07.doc City of Newport Beach Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report June 11, 2007 18 c) Because this property has one pole adjacent to it, and that pole is the last pole down and the existing overhead wires are not adjacent to the school, this property is considered to receive half the safety benefit for that street frontage. Because this parcel has three streets adjacent to it, its SBF is calculated as 0.5 - 3 = 0.17 d) This property will receive telephone and cable service from the undergrounding project. However, this property also receives these services from facilities on 13th Street from poles and wires that are not being underground. Therefore, this property is considered to receive only half the benefit for service reliability as it is only receiving half its service from facilities being underground, and its RBF is calculated as (2 . 3) x 0.5 = .33 2. Asmt No. 43, City property located at 19'h Street and Newport Channel. This property consists primarily of public access ways and recreational beach areas which do not benefit from utility undergrounding. However, a portion of this property is adjacent to 19'h Street and has a small building and parking area associated with it. This portion is approximately 4,800 square feet in size (0.110 acres), it receives service from the utilities being underground and it is directly adjacent to a roadway being underground. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 0.110 acres. 3. Asmt No. 229, State property located south of Ocean Front at 15th Street. This property consists primarily of recreational beach areas that do not benefit from utility undergrounding. This property is not adjacent to the facilities being underground, so it's ABF and SBF are 0; however, a portion of this property, the restroom facility, is served by the electrical utility being underground. This restroom facility is approximately 2,000 square feet in size (0.05 acres); therefore, the Service Reliability benefit for this property is calculated based on the portion of the property receiving benefit, which is 0.046 acres. 4. Asmt No. 230, Church property at 1441 W Balboa Blvd. This property, which is Our Lady of Mt. Carmel Catholic Church, is zoned for "Private Institution" and as such utilizes only about half of the parcel for developed church buildings, with the other half being used exclusively for parking. Therefore, this parcel is only about 50% utilized and is considered to receive only 50% of the benefit of other properties that are, or can be, utilized to the fullest capacity of the property. Therefore, this parcel's benefit is calculated based on half the total area of the property, or at 0.365 acres. 5. Asmt No. 62, 2010 W. Ocean Front. Approximately half of this property serve s itself and two other properties; therefore; total area of the property, or 0.044 acres, the street being undergrounded, Asmt No any safety benefit. 6. City -owned alley parcel. as a private alley for ingress /egress purposes serving this property's benefit is calculated based on half the Because the "alley" portion of this property fronts on 62 is not considered to receive aesthetic benefit nor Assessor's Parcel Number (APN) 047 - 171 -21 is a part of a public alley, providing access to the alley between 20th Street and 19th Street. This property, as part of the alley and with no potential Q: \Newport Beach\Ad99 \reports \ad99 final rpr I Ijun07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 19 for development, receives no special benefit from the proposed improvements and is considered exempt from assessment. 7. Parcels "Not A Part" of the Assessment District. Properties located at 202 2151 Street, 204 21t1 Street and 206 21" Street (APN's 047- 162 -11, 24 and 25) and 1600 West Ocean Front (APN 047 - 202 -16) are not a part of this assessment district due to Previous utility undergrounding activities. These properties do not receive any benefits from this currently proposed undergrounding project and, therefore, have been excluded from the boundaries of the Assessment District. ASSESSMENT APPORTIONMENT Each parcel will be apportioned its fair share of the construction costs based on the Benefit Points assigned to it. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. The Total Assessment in this Assessment District has two components. The first component, and issuance of the first series of bonds, is for the District Formation Assessment to underground the utilities. The second component is the Income Tax Component of Contribution (ITCC) and is assessed to cover any tax liability incurred by Southern California Edison as a result of an Internal Revenue Service determination that the utility conversion is a taxable event. If in the future, Southern California Edison is taxed, a second series of bonds will be issued. The Federal ITCC is predicated on the issuance of a second series of bonds not being issued immediately for investor - owned utility tax liabilities. The ITCC costs are apportioned based on Electrical Benefit Units. The total assessment lien on each parcel will be the estimated Total Assessment for District Formation plus the ITCC. The individual assessment calculations are provided in the Appendix. For particulars to the Assessment Roll, reference is made to Table 1 in Part III of this report. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. DATED: June 11, 2007 HARRIS & ASSOCIATES p orESSrON JOAN COX, P.E. P,4 E. C0 +e R.C.E. No. 41965 z ASSESSMENT ENGINEER N0. 41965 A CITY OF NEWPORT BEACH EXP. 3/31/08 # COUNTY OF ORANGE, STATE OF CALIFORNIA Q:\Newpon Beach \Ad99\repons\ad99 final rpi 11iun07.doc City of Newport Beach June 77, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 20 I, , as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of , 2007. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 1, as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF NEWPORT BEACH, CALIFORNIA, on the day of , 2007. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 1, as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of -2007. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 1, , 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 , 2007. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:1Newport 8eaclAAd991reporls1ad99 final rpt I Ijun07.doc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Reoort Pane 21 Part IV Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code and shall not exceed fifty dollars ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. Q9Newport BeacIAM99 \reports\ad99 final rpt I ljunoTdoc City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Renort Paoe 22 Part V Boundary Map and Diagram of Assessment A reduced copy of the Boundary Map and Assessment Diagram are attached hereto. Full -sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the City Clerk, of the City of Newport Beach. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Part III Table 1. The Assessor's Parcel Number is also shown for each parcel as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel of land. Q ANewpon BeachVAd99Areports \ad99 final rpt I1jun0Tdoc 'z F °z m s c v G 7 a a 0 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE Sy STATE OF CALIFORNIA FFl SHEET 4 SHEET 5 R 8ALITI 31w. B.PO. gw, F1 I" -------- —Al xrz r cn . 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(nMl LEGEND ass'.SSOxs PnRCE. _(VE LO' LIRE _ kssE5sNST .5W —" aa,uoAa- ia.CT uNE —' —' CENIFFIINE �. JMBEfl !1 1� SSV5501 'S PnG. Y.C9.N 1 'YSSOk'S iIT CIL VIIN9�P N.A.P. Nora •ll* o<.SSSSNEry )SMU n C n � a � o � Z f o Lp � � f � � v e a �cz o _ W e � m > m � i m N N 3 0 T Z O W d 0 d W O C N N n 0 C 3 N N O O V Z 0 m t 9 O d b b 7 9 0 0 1\ °21 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA MATDyC /Nf ,� Sf 2 i �L5�y0.gip.�/ Sock 047 iL GRAPHIC °CA3: I-FiSIEND ASSESSORS PARCEL 'JIVE of unt SSESSME!!T 0 SiR.CT AOUNDMV cEe -.unc l0 \JNBER 'I � � i ASSESSORS GntE SffrpN ASSEES''RS PARCEL vLMB d NA.P. N01 A PViT OF AiSESSMEVT Drsmcr T a 0 y n� 0 m Z � z c m a 0 H C � z � m 0 N '~ N N N N_ L7 z N N 0 C G N n N c m oTi n N � o N O (T V i �L5�y0.gip.�/ 26 ✓2 5 !_.C.� to � � / I _ ... /45 W / s 2 ^° z ✓g 6 A \ ewe: 1 J 6 (6I I W F- Q GRAPHIC °CA3: I-FiSIEND ASSESSORS PARCEL 'JIVE of unt SSESSME!!T 0 SiR.CT AOUNDMV cEe -.unc l0 \JNBER 'I � � i ASSESSORS GntE SffrpN ASSEES''RS PARCEL vLMB d NA.P. N01 A PViT OF AiSESSMEVT Drsmcr T a 0 y n� 0 m Z � z c m a 0 H C � z � m 0 N '~ N N N N_ L7 z N N 0 C G N n N c m oTi n N � o N O (T V PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Fssesso� s ' +:rp B. ^.k 04i BALE OA - W 3 - 173 _.._ (4 or .. W I _Z J I sl = I V < I- __.__.._ _._._ — .- GRAPHIC SCALR r m�ro ri BLVD W T 49 x I�Ti I r LEGEND ASSESS W'S PAXC1 LHE ____ ASSESSMENT 91SlRrCR ROLN�ARr °�— cE"EULwE wr .uNnEu i 111_; assssox's =Ave snew `;� ASSESSOfl'S F'A�tCE' 4v1.UtlEH N.A.P. Nm a =eRr nr Asusvlrnr Wawa rf) F W W W — W gip. r. W i Z J F Q _. :2 n a o i a'< m n� � z i o m c � i av o =w i > m � w z [ w m w w 3 M w M Z O Q 0 m W O C m d D m m N O O V PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) OTY OF NEWPORT BEACH, COUNTY OF ORANGE STATE 0, CALIFORNIA 4" 3AL80A BLVD. V7, LLCUND. W ',202: --- (21 6�1 I Q < I -0Q!A4 - - - - - ... ......... -- ----- -- < N.A.P. C3) II C ceps .Rnpfflc SCN.E C 0 1D n 3. Z Eo O 9 z F } S 5 9 O 3 R PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT $EACH, COUNTY OF ORANGE STATE OF CALIFORNIA iAS=_o:isof.S iA4 p 86ok 04J{ SALBOA BLVD. ........... 19 1 J 2 < �30G� 1 31 .f 2, f...... ... ., .. .. ...... t6j U� Wi�it3 t��t 1N�g2yT�YT(, N o GRAPHIC SCALR {wrml LEGEND A54S'g S I.Vl LINE -- LCT l nE SSESSVENi M-W 3WxDAP° -�� fMitR xf lY xuu3ER �� ISYSSAR'S 1' >Gt SEC(UN "j" nSY55URi 2MCE nUUBER NAP, xo{ A vARi Di 1111111.1 IIS.isT T CC'1 _ m o m� Z � z a o m N na N O H C Z �•2a HS "~ N N N 3 O N n' z O EO 'm O 0 C a a K L C N d Q N � O N O CO V i V- w w w W L ........... 19 1 J 2 < �30G� 1 31 .f 2, f...... ... ., .. .. ...... t6j U� Wi�it3 t��t 1N�g2yT�YT(, N o GRAPHIC SCALR {wrml LEGEND A54S'g S I.Vl LINE -- LCT l nE SSESSVENi M-W 3WxDAP° -�� fMitR xf lY xuu3ER �� ISYSSAR'S 1' >Gt SEC(UN "j" nSY55URi 2MCE nUUBER NAP, xo{ A vARi Di 1111111.1 IIS.isT T CC'1 _ m o m� Z � z a o m N na N O H C Z �•2a HS "~ N N N 3 O N n' z O EO 'm O 0 C a a K L C N d Q N � O N O CO V IT ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 StiFFr CITY c (BALBO NEWPORT RD BOULEVARD ALLEY) oRANCe STATE OF CALIFORNIA M 1 I 1 Y r w / �„� A`° SHEET 4 EL I I w rr A t i3$YfT•fv3ot ., __ , SI {£E T SHEET 5 __ - __ _.. J.. — - 1C �" C. Ali • �JY" P+oLr im'AIuzoo L C_ _JS00 caff 2 —.__- scow•' w 0 71, CR `_ o us i —3 651: L]:n .1F - I•:R( -E » ,.R FACE 15. ACCI F1_5 IF -1 ITAII 0 C' >m r_RIry sF ..� CI C1. Awl /' .. SHEET 6 I aC) n C2 CSC m o Z 5 Z L o p E ° s 5 � a C r. b 5 > S � N N 3 a w n' Z 0 ED m EL EL m d v N N O O V I, Or IEAFOP` ILION ,TNrz FEE L 111PLAM,E L RE ARTS IF S TAA1bTA5 p sm cR w TIE CATNAL I1w. ACIOIE11 a TEE CEACTY pI pA. i. A7AA IF CwIORMI. 1. , c�EC+k EpOR Wwtt r+=— By x YET REC-1 PEI AFFECT ,E n-1 :5 —i0 l. ig s tl a. o v,F R. OF RTRENT rzwo AN .SxswwI ACT I ry CLENCI CA anw m ,aa H O 11 TE a A I.Er w CFIW TI RNTIECTI IF lAA EXACT wupMi IF -'A w w551iwEwi ♦RCEC5 9:pw M n.5 AlEE1l.EP1 A.A. cmE ITAIr -..I _ I" vF — ASSESSaRS CARCE1 NINE - I or LNE - OSmicE -- eouuopRYRI _.. TRACT Lrtu ... aNreaum: I LIT NVMEEER NOT TO SCALE Iwo ex`ICIA raN•wACeRs .0 Es[wnK F AFT. a nsN -Flld wmLS✓al sssSum I aC) n C2 CSC m o Z 5 Z L o p E ° s 5 � a C r. b 5 > S � N N 3 a w n' Z 0 ED m EL EL m d v N N O O V c z F 0 a z a c 0 1 PA J 6 /3 s NF�p 1sa pR l a o (� ❑ "� i R ��NN 10 / \t / / ii 13 6 16 // YS 141 // •� / 1aO 151 21 a a 17 2: N AZ+ 16- T s \g, 2 s3; p 6 �i"� of syeFr s � ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) MY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA rASS;: s '::np HOC< 04/1 APq ,zs 33 1 . .. RAI ECQND ASSESSORS ( .2C 1,1 C oT uv A55ES SME .: C B OAPY RV ttt ss. ssoa's AAoE t. ASSESSOR'S IARX NumKil OLES TO RE REMOYFO ''ONES TO REMAIN RES 10 0. REP.. 1 NOT PART n'OMB -R N A P. oT a Re.T Es AslFssuENT xlsmic* GRAPHIC SCALE uee�w rz T c C'1 y 6 eG m3 a o Z i6 Ncz n m N N N Z 0 l0 l0 6 0 m O C m m c m d � N � O W O O V q z f } a 0 v b b 4 0 J R ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Mq jOy Sy ASSesso%s VOp 3cok 047'. SNP AsSESSOR'E PAZCC IN' 10- 11E ASSESSMENT OISTRICT Bu -Nb*t — — LENIERUIl <111: ISSESSOR'S PACE SEC =ON ACC1.11'S PARCEI. IJVMSER • P.rs 10 BE ..C. I PO _ES N REMAx " "' xi IRS iC EE RE,. . ❑ <SSE SAM ENi MFRS N.A.P. 14.T A PAR: ff AS SF.SSNENT Oi5'iiL- 1 GRAPHIC SCAIL rm T l= 0 _ m m ea Sao vi C .1 � N S N N _ v N z 0 m 'm b O b W 0 m b a D m L C _ N v a N N 0 W O � V ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA . ?ssesser's +. -0oe 8v�a 0�7 4 M � 9ALBOA BLVD 11b w 'p1i 11111 1134,_ 15 1I Id ,yfv I y W _ . I , I � x 1 N 19 1 20 2t 23 2 Y24 12s r -0I N 12a s 51,5 L5': 5615 se $ 32 4i (n I" I i I a 31 lr X26 23 \9 10 11 . tY w..,..._ LA 931 t ho� - .61 :201 � F 2P 1 25 ';J31131 i -�� V J _ J t� L�� 3ff 2(T ,3$ 1E• 1] 16 15; C9 �3 12 111 f0 1 U 4T 1 lw� 0 �C�, r J `I61' h6� ,63 P6 FT ,� � 17 ], 12 I] . S a a 129 f3S ,15s LEGEND 1.55CSSOPS PMCP, L COi C11_ _ -� PSSi55VCNi ]ISiPo<i ` BPJNOaRV \i,1 — CENi3iCIXE T T T ' RSSCSSCRS Pnll SCCrlde " "�_ RSSCSSORS P>iCCC NWBJi Mrs 19:: rsrMrnco Nmh { /uttYta _ 191E5 -o nLlrnn 4NM1YHIL SCALE � oii�.'cueea�n¢&ta « .. ._...._.. rrr.LS is eC Rnnono mo.aau'c rxa¢ vrz so ;, anu -me ASSCSSULNr NJVBC4 n) N A.P. Nc :, rna m nsstssrnrr- msn cr TC f7 3 � O O m1c a o m � av y C 3 a O N S "Z N 3 m O zZ 0 W 6 d W S d D •mC m N t] N � O tJ O N V q z F 0 m m 5 n 7 0 6 9 c' c J 0 ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT 3EACH, COUNTY OF ORANGE STATE OF CALIFORNIA n- sensor 'E Ncp GcCk ;47� 3AL80A BLVD. W )6'.1> n 7iTY8 8f 82 Ig 18 8 B f8 (�B9'� w 36 0 6 2�Oc 206 a 2 W N 11 _2 30 2910 Sii6 h B 9 ;111 12i 13 31t 't 2 13� C 5 30 29; ]6 $1' (8 g 5 �..._ VI 4 . tt I�25 N LEGEND W 02 1 211 W N f •. t3 22B; N 1111110A 1ARC01 uNC W 20 i 26 2$, 32: 123 22 2"; f9 18 fi 1fi = 2� 24i 23 2i Y2T LOT UrvE AlY F �_ R �i ail p I- L _i i Y 128 U _��rG ^.CSSM FNi USTR.Ci J S f� 91 f92 f f� I9 f9E f� pt� Z kf3 f6��151�21� 219i2 � 2f1�29� 2� BOOrcaL NE Q 1� ' ` .. ...._._._.- os - OJE -AN .. .. _ .. .' ... _._._. ._RCN -F- ._._._ _._...... Q 19 � ',l'. >SSE1015 G P ..IlR VU_fS 10 B= NUI.I` 00 i o 10_Ei TD PEUniN WPES TO 3E REUOKll ❑T P55ES.IP` NUUBER NAP. NII A PART CF ARSNSMENT 30,.: �xsma,,! PL 4 NAVHIC SCALE ruanm rm,, a�rt'W, arr.. r. nur,.os T Cf_7 3 � b 0 m f� L o c a e � o z 03 N m N � b a o � S rZ N m 3 D 2 0 W 06 6 O C N b 6 n 3 N N � N N O W O W V p Z W s 'a a V� 6 F 9 c IV, H W S W Z 2 H Q SALBOA ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA BLVD. X24$ x o ._ I ........ 240 GRAPIiIC SCALE. l in �1 r LEGEND — Asses =ew'S 11RCE1 LPC LOi LIE _ I' ESSLENI 0 $11V BQLNRARY _._.._ allt%.INc AsrssoR'0 PAC[ ssonox nSSES50R.'S P.nPCEL WL .0 • POLES TO BE REMOVED 1. Pa`3 TO He". ••••••••••••• Mi S iC BE REWVID 1L nS55SNENT NL.RER N.A.P. 10- A PART V ASSES %.EVr DB11 :7 T c C] N p mL� ra o m S c � 3 N c z m 0 N S rZ yl N N N w N z 0 m O N S N d D ✓r C N d a N � O W O a V r ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA BLVD. X24$ x o ._ I ........ 240 GRAPIiIC SCALE. l in �1 r LEGEND — Asses =ew'S 11RCE1 LPC LOi LIE _ I' ESSLENI 0 $11V BQLNRARY _._.._ allt%.INc AsrssoR'0 PAC[ ssonox nSSES50R.'S P.nPCEL WL .0 • POLES TO BE REMOVED 1. Pa`3 TO He". ••••••••••••• Mi S iC BE REWVID 1L nS55SNENT NL.RER N.A.P. 10- A PART V ASSES %.EVr DB11 :7 T c C] N p mL� ra o m S c � 3 N c z m 0 N S rZ yl N N N w N z 0 m O N S N d D ✓r C N d a N � O W O a V City of Newport Beach June 11, 211117 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 35 Part A Description of Facilities Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be installed, or improved under the provisions of the Act, including the acquisition of required right -of -way and /or property. For the general location of the improvements to be constructed referenced is hereby made to the Plans and Specifications described in Part I of this report. The following improvements are proposed to be constructed and installed in the general location referred to as Assessment District No. 99. 1. Removal of existing power and telephone poles. 2. Removal of overhead resident service drops. 3. Construction of mainline underground power and telephone conduit, with appurtenant manholes and pullboxes. 4. Constriction of service conduit and appurtenances. The improvements will be designed by the Southern California Edison Company, AT &T and Adelphia Cable. The City of Newport Beach will inspect the work to ensure conformance to City standards and specifications where applicable. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company, AT &T, and Adelphia Cable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or tier property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work done by the Assessment District. The estimated time for completion of the undergrounding of the utilities is 12 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 300 days of the completion of the underground facilities. Failure to convert individual service connections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 of the Municipal Code. Overhead facilities cannot be removed until all overhead service has been discontinued. Q: \Newport Beach\Ad99 \reports \ad998nai rpt I IjunO7.doc City of Newport Beach June 11, 211117 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 36 Right -of -Way Certificate STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. That at all time herein mentioned, the undersigned was, and now is, the authorized representative of the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of Article XIIID of the California Constitution, and the "Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 99 (hereinafter referred to as the "Assessment District")- THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: It is acknowledged that the proposed Works of Improvement must be located within public rights -of- way, land, or easements owned by or licensed to the CITY OF NEWPORT BEACH, County of Orange. State of California, at the time of the construction of the Works of Improvement, and the undersigned hereby further certifies that all rights -of -way necessary for the Works of Improvements will be obtained and in possession of the City, County, or State prior to construction by the CITY OF NEWPORT BEACH. EXECUTED this day of 2007, at CITY OF NEWPORT BEACH, California. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California By: Q: \Newport BeachWd99 \reports \ad99 final rpt I IiunOTdoc Stephen Badum, PE City of Newport Beach June 11, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Final Engineer's Report Page 37 Certificate of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of perjury, CERTIFIES as follows: That I am the person who authorized to prepare and process all environmental documentation as needed as it relates to the formation of the special Assessment District being formed pursuant to the provisions of the "municipal Improvement Act of 1913" being Division 12 of the Sheets and Highways Code of the State of California, said special Assessment District known and designated as ASSESSMENT DISTRICT NO. 99(hereinafter referred to as the "Assessment District "). 2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows: CEQA compliance review: The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstructions). 3. 1 do hereby certify that all environmental evaluation proceedings necessary for the formation of the Assessment District have been completed to my satisfaction, and that no further environmental proceedings are necessary. EXECUTED this day of 2007, at CITY OF NEWPORT BEACH, California. By: Q: \Ncwpon Beach�AcJ991reporlsla09 final rpl 11jun07.doc Stephen Badum, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA City of Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Assessment Calculations June11,2007 Appendix Page 1 :Asmt No. Assessor's Parcel Number Asmt Lot Acres Streets Fronting Parcel Streets to be Unde r'nd Prop. Lines to be Undergend Utility Connect- tions Aesthetics Benefit Factor Safety + Benefit Factor Reliability + Benefit Factor Total = Benefit Factor Benefit Points per Parcel Total Construction Costs Incidental Expenses Financial Costs DistrictFor- mation (1st Bond Issue) 1 2 047- 164-01 _. .._ .13 047- 163-13 0.314 0.309 209 2 ..2222. 3 1 1 0 0 2 _... 0 050 0.33 + 0 50 _+ + 0.33 0:67 _ + 0.00 = 1.67 _- 0.66 0.524 2222- 0.204 _ _ $73,752.17 $28,712.66 $4,708.85 $12,040 53 _. ._.. $4,66753 $90,501.55 ..._.$35 $35,233.43 3 047- 162 -18 0.224 1 _ CF.5 0 3 0.50 + 0.50 + 1.00 = 2.00 $63,055.29 _$1,833.22 $4,025.86 $10,294.19 $77,375.36 4 5 047- 162 -17 047- 162 -1fi 0.103 0522 0052 . t _ ......t 1 .. .. _.. 1 _ 1 ._........ 1 3 3 1.00 1.00 + 2,00 + 2.00+ + 1.00 1.00 = 4.00 = 4.00 _0.448 0.412 _..._ 0.208 $57,988.35 _ $29,27567 $3,702.38 .. _6222__ $1,86916 $9466.98 2222. $4,77945 $71,157.71 2222.. .. . $35,924.28 6 7 047 - 162 -15 047 - 162 -14 0.052 0.054 t 1 1 .. 2222.. 1 1 _- -2222 1 222 2 3 3 � - 1.00 + 2.00 + 1.00_ = 4.00 0.208 0.216_-- $29,275.67 �$30,401.66 $1,869.16 $1,941.05 $4,779.45 3 _. $4,963.27 $35,924.28 2222_._ ._ -_. $37,305.98 -- 1.00 + 2.00 + 7.00 -- -4.00 ..--8.--04..7-162-2-3.-,.0.,1.5.13.- 9 42_ - 047- 162 -20 0,052 1 .........._. t ... 1 0 1 1-- -�� 3 0 1.00 0.00 + 2.00 + 1.00 + 1.00 + 0.00 = 4.00 _ = 1.00 _- I 0.612 I 0.052 ___$_86,136.03 $7,378.92 $5A99.65 $46729 $14062.60 __. $119486 $105,700.28 .._ _. ,$8,981.07 10 11 932 -70 -051 . 932 -70 -052 0.071 0.071 1 2222._. 1 0 0 1 ..._.... __ 1 __. 3 3 3 0.00 0.00 + 1.00 _ _ _ + 1.00 + 1.00 + 700 - 2.00 = 200 0.142 __ 1222_ _ $19,986.28 $19,986.26 $1,276.06 $1,276.06 ... $3,262.89 $3,26289 $24,525.23 2222 - 2222.... .. $24,525.23 12 13 14 15 932 -70 -053 932 -70 -054 047- 162 -22 047- 162 -21 0.071 0.071 0.052 0.052 1 ....._.... t 2222. 1 1 0 ._. 0 ... _.._.... -.. 1 .. 1 1 _ 2222. 1 2222. 1 1 _ _......._.1- 1 ..... 2 2 1 3 3 3 _ _2222. . 3 22_. 1212_ 3 0.00 0.00 1.00 100 ..- ........ 1,00 + 1.00 + 1.00 +_2.00 _ + 2.00 + 2,00 + 1.00 + _ 1.00 + _1.00 + _1,00 + 1.00 = 2.00 0222_ - - 2.00 = 4.00 = _4.00_ 4.00 _0.142 0.142 0_.142 -0.208 0208 0.412 $19,986.28 $19,98628 75.21._..._..._ _ $29,275.67 .. $29,275.67 $57,986.35 $1.276.06 $1,27606 ... $1,869.16 $1,869.16 ....___ 2.- 2222.1 $3,702.38 $3,262.89 $3,262.89 $4,779.45 2 222. $4,77945 66.9 2222 $9466.98 $24,525.23 $24,525.23 $35,924.28 .......... $35,924.28 $71,157.71_ _- 16 047- 162 -03 0.103 2222 1222_ 1 17 18 047 - 162 -04 047 - 162 -05 0.103 0.052 1 1 1 . 2222. _. 1 _ 1 1 0 .. 2 0 3 -3 3 2 22 _..........__ 3 3 __ 3 3 3 1.00 - 1.00 - 1.00 - ._..__._ 100 + 2.00 + 2.00 + 1,00 2 2.21 22 2 + 1.00 _ + 1.00 + - -j-pp - = + 1.00 2 12 2 2 ... + 100 _ = 4.00 .. -4.00 - 3.00 - .............. 3.00 0.412 0.208 0.156 0.156 $57,988.35 .. -- $29,275.67 $21,956.75 .. _...__ -.- $21,956.75 $3,702.38 .. __$1,869.16 $1,401.87 1222_.. $1,401.87 $9466.98 $4.779.45 $3,584.58 $3,584.58 $71,157.71 $35,924.28 $26,943.20 ...._.._ ...__0- $26,943.20 19 047 - 162 -06 0.052 _- _._..... 2222... _ .. 20 047162 -07 0.052 1 ......_ t _ 2222. 1 1 21 047- 162 -26 0.253 22 047- 161 -19 0.100 _ 23 047- 161 -18 0.050 2221 -- 24 047- 161 -15 0.050' 2 1 _- 7 1 1 0 2122. 1 1 __ 0 __ 0.5 1 1 0.50 000 100 _100 1.00 + 0.50 .i 050 22..2.2. + 200 + 2,00 +p.00 + 1.00 + 700 2222 + 700 + _700 + 1.00 = 2 00 = 150 = 4.00 = 4.00 = 4.00 0.506 0.150 0.200 0.200 _$71,218.70 $27.11226 $28,14968 $28,149.68 $4.547 09 $1,34795 $1,79727 $1.797.27 $17 626 92 $3,44672 $4,59562 ___ $4,59562 $87,392.71 $25,906.93 $34,542.57 $34,542.57 25 047 - 161 -21 0.060 1 1 1 3 0.240 $33,779.62 $2,156.72 $5,514.74 $41451.08 2222. 2222.. 26 27 28 29 .. 2222_ 047161 -20 ....61 047 - 161 -14 - _047- 161 -35 047- ifii -36 0.060 . 6 0.060 ...48 0.048 0.051 _.. ... 7 2222.. .2221.- t ___..... 1 - t 1 1 1 .._ 1 1 1 3 22 2 2 . 3 .. ... 3 3 100 1.00 �� 200 _ 1.00 �� 1.00 - + 200 �200�� 2222_. + 200 +2.00 + 7.00 +��1.00 .... + 1.00 +1.00 = 4.00 = 4.00 = 4.00 = 4.00 _. 0.240 0.240 0.192 22_77 $33,77962 _ .2222. $33,779.62 _.- 0 $27,023.70 $2,156.72 -- 1222 $2,156.72 $1,72538 $5,514.74 -. _._ $5,514.74 1 2222... $4,41180 $41,451.08 .. .. $41451.08 _._. $33,160.88 2222_ ._ 1 1 0.204 $28,712.88 $1,833.22 $4,687.53 $35,233.43 30 .247 31 047 - 161 -28 047- 161 -22 6 0.082 0.239 7 2 1 _ 1 _.._.... 0.5 3 1.00 +J2.00 + 1.00 __ 4.00 0.328 � 2222_- 0.258 $46,165.46 $36,313.09 236,31 $2,947.52 .. $2.318.46 2 $7,536.82 $5,928.35 $56,649.82 $6 5 2.2 $44,559.92 _ _ 1 0.25 + 0.50 + 0.33 - 1.08 32 047- 161 -24 0.090 1 _ _0.5 -_ 0 1 1 1 _ 3 _ 0.00 + 1.00 _ 2.00 + _ 1.00 _ + 7.00 - - 2.00 4.00 _ 0.180 . .. 0.256 $25,334.72 ........... $36031.60 $1,617.54 ...._......- $2,300.51 $4,136.06 -._ -Tg $5,882.39 $31,088.32 2222__ ... $44,214.50_ 33 047- 161 -23 0.064 1 34 047 - 161 -26 0.063 1 1 1 3 1.00 + 2.00 _= + 1.00 = 4.00 0.252 $35,468.60 $2,264.56 $5,790.48 $43,523.64 35 36 2222_ 37 047 - 161 -27 2 2 2 2 . 047 - 161 -02 - 047 - 161 -03 0.062 0.046 0.046 6 1 1 1 2221 -. 1 1 1..... .. 2222. 1 3 1.00 + 2.00 + 1.00 - 0.248 2 2 0.184 _. 0.184 $34,905.61 $25,897.71 $25,89771 $2.228.61 .. _ $1,653.49 .__..._- $1,65349 $5,698.57 ... _. 2227_.97 $4,227.97 $4,227.97 $42,832.79 12 779.172_.. $37,7]9.17 $31779.17 _.. 1 ..2222. t 3 3 _-_ _4.00 1._00 + 2.00 + 7.00 = 4.00 ._ 100 + 2.00+ 1.00 = 4.00 _ 38 2222 _ 39 2222.._ 40 _932 -70 -024 222_2..._ 932 -70 -025 1222._ .. 932 -70 -031 0.058 0.058 2222. 0.048 1 2222 1 1 .._.__ 1 1 3 1.00 + 2.00 + 1.00 = 4.00 0.232 $32,653.63 $2,084.83 $5,330.92 $40,069.38 .. 1 __........ .. 1 __....... 1 0.5 3 3 1.00 + 2,00 + 1,00 - 4.00 .-. - 1.00 + 1.50 + 1.00 - 3.50 2222 0.232 $32,653.63 __$2,084.83 $5,330.92 _......_ 0.188 $23,645.73 $1,509.71 $3,860.32 $29,015.76 $29,015.76 47 42 43� 932 -70 -032 . ... 932 -70 -033 047- 181 -01 0.048 0.046 0.110 1 1 1 ... _ 1 0.5 2222_._ 0.5 0 3 2222. 3 2 1.00 1.00 1.00 + 1.50 _ + 150 + 1.00 + 7.00 2222__ + 1.00 + 0.67_ - 3.50 = 350 = 2767 -- 0.168 .._.168 0.ifi8 0.294 $23,645.73 $23,64573 $41,380.04 _09....... $1,509.71 2 2$1. .._ $1,50977 $2,641.99 $3,860.32 .....__. 60.. $3660.32 $6,755.56 $29,015.76 $29,015.76 .76 $50,777.59 1 - 1 44 ... 1222. .. 45 46 047 - 181 -02 ....._._- 2222. 047 - 181 -03 _ 047- 181 -04 0.057 0.057 0.057 1 t 1 1 ........._._......_. 0 ..._...... 1 0 - .......... 2 0 ............... 0 _ 3 _ 1.00 + 1.00 + 1.00 - 3.00 0.171 0.057 2222_.. 0.171 $24,067.98 $8,022.66 $24,067.96 $1,536.67 2 222 $572.22 12.52_ 2222..- $1,53667 $3,929.26 -. $1.30975 ..- __._.... $3929.26 $29,533.91 $9,8 $9,844.63 ._ $29,533.91 3 3,... -100 _.- 0.00 + 0.00 + 1.00 - 1.00 .......- -- + 1.00 1.00 = 3.00 Q:1Newpon BeachWd99 \reportsW99 final ipt 1 Hun07.doc City of Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Assessment Calculations June 11. 2007 Appendix Page 2 77 047 - 171 -15 0.043 2 2 0 3 1.00 + 1.00 + 1.00 -�� 3.00 0.129 $78,156.55 $1,159.24 $2,964.18 $22,279.97 _.._,._. ._..._..._......_..___.9. 78 047 - 171 -14 0.043 2 2 0 3 1.00 + 1.00 + 1.00 = 3.00 0.129 $18,156.55 $1,159.24 $2,964.18 $22,279.97 _. _ __ _ _ - - _. _ 6666_._ _.. _. _.. - -- .. _._ 79 047 - 171 -13 0043 2 2 0 3 100 + 100 + _100 3.00 0.129 $18,156.55 $1,159.24 $2,964.18 $22.279.97 80 047- 171 -12 0.043 2 2 0 3 1.00 + 1-63-7, 1.00 = 3.00 0.129 $18,156.55 $1,159.24 $2,964.18 $22,279.97 81 047 - 171 -11 0.043 2 - 2 0 _ _ 3 1.00 + 1.00 + 1.00 = 3.00 0.129 $18,156.55 $1,159.24 - -� $2,964.18 $22,279.97 82 047 - 171 -10 0.043 2 1.5 0 3 0.75 + 0.75 + _ 1.00_ = 2.50 0.108 $15,200.83 $970.53 $2,481.64 $18.653.00 ._._.._.... _- 7776., _ 83 047- 171 -D9 0.043 2 1 0 3 0.50 + 050 -+ _ 1.00 = 2.00 0.086 $12,104.36 $772.83 $1,976.12 $14,853.31 .. .. $1.._.. 04 047 - 171 -20 0.055 2 1 0 3 0.50 + 0.50 + 1.00 2.00 0.110 $15,482.33 $988.50 $2,527.59 $18,998.42 .__7___.._._.-97._......, 6_ 6 6 66 ... _._......_. ..$16_580._ 87-04T-M--i-97 0.048 2 7 _ _0 3 0.50 + 0.50 + 1.00 = 2.00 _ 0.096 $13,517.85 $862.69 $2,205.90 $16,580.44 86 047- 171 -17 0.048 3 1 0 3 _ 0.33 0.33 + 1.00 - 1.66 0.080 $11259.87 $716.91 $1,838.25 $13,817.03 ... _.,...._.... _ - - + 61- _ - - - 0076. __.____.__...... 87 047 - 172 -25 0.062 3 3 _ 0 3 1.00 + 1.00 + 1.00 = 3.00 _ 0.186 _ $26,779179.21 $1,671.46 $4,273.93 $32,124.60 B8 047 - 172 -24 0.040 2 2 0 3 1.00 + 1.00 + 1.00 = 3.00 0.120 _ $16,889.81 $1,078.36 $2,757.37 $20,725.54 .. .. 6 666 ............. 6 677_- _ -- 01.00 -_0 3.66- . .__..... 89 047 - 172 -02 0.040 2 2 0 3 1.00 + 1.00 + 1.00 = 3.00 0.120 _ $16,889.81 $1,078.36 $2,757.37 $20,725.54 90 047 - 172 -03 0.040 2 2 0 3 _ _ _ 1.00 + 1.00 + 1.00 = 3.00 0.120 $16,889.81 $1,078.36 $2,757.37 $20,725.54 .. ...7666_.. _ _ - 3 91 047 - 172 -04 0.040 2 2 0 3 1.00 + _ 1.00 + 1 00 3.00 0 120 _ $76 889.81 $1 078.36 $2 757.37 $20 725.54 -- 6666 7776... . 06_56 _ 92 047- 172 -05 0.040 2 2 0 3 1.00 + 1.00 +- -100 = 3.00 0.120 416,889.81 $1,078.36 $2,757.37 $20725.54 Q: \Newport Beach1Ad99\repmts \ad99 final rpt 1 Ijun07 doc Assessors A Asmt S Streets S Streets P Prop. Lines U Utility A Aesthetics S Safety R Reliability T Total B Benefit T Total I Incidental F Financial D District For - Asmt P Parcel L Lot F Fronting t to be t to be C Connect- B Benefit + + Benefit + + Benefit = = Benefit P Points C Construction E Expenses C Costs m mation (1st No. N Number A Acres P Parcel U Undergr'nd U Undergrml t tions I Factor F Factor F Factor F Factor p per Parcel C Costs B Bond Issue) 47 9 939 -85 -052 0 0.024 2 2 1 1 0 0 0 0 0 0.50 + + 0.50 + + 0.00 = = 1.00 0 0.024 $ $3,377.96 $ $215.67 $ $551.47 , ,145.10 46 9 939 -85 -053 0 0.024 2 2 1 1 0 0 0 0 0 0.50 + + 0.50 + + _ 1.00 _ 0.024 _ `_...___._..._... . $215.67 $ $551.47 $ . 49 9 939-85 -054 0 0.024 2 2 1 1 _ 0 _ 0 0 0.50 + +- - 0.50 + _ 0 _ 1 _ 0 _ $ $215.67 $ $551.47 $ $4,145.10 5D 939-85 -057 0.035 _ 2 0 0.5 0 _ 0 51 9 939-85 -058 0 0.035 2 _ 2 0.5 0 0 0 0 0 0.25 + + 0.25 + + 0.00 = = 0.50 0 0.018 $ $2,533.47 $ $161.75 $ $413.61 $ $3,108.83 52 0 047 - 152 -t4 0 0.770 3 3 1 1 0 0 2 2 0 033 + + 0.33 + .....___..._.__..._,. 6 133 0 6-0_6_6. 9 $31,809.14 $ 91 - -- __05 7 7$ 97 53 0 047 - 152 -03 0 0.100 2 2 1 1 0 0 2 2 0 0.5_0 _ 0.50 + + _ _ 1 0.167 $ $23,504.99 $ $1,500.72 $ $3,837.34 $ $28,843.05 54 0 047- 152 -04 0 0.050 2 2 1 �.....0__.. 2 -- 0 _ 0 +O.Sp + _ 0 -1.67 0 0.084 $ $1182287 $ $754.85 $ $1,930.16 $ $14,507.88 55 0 047- 152 -OS 0 0.050 2 2 1 1 0 767 7 7 . 6 0.50 + +_ 0.50 + + 0.67 = 6766 7 0.084 $ 7 7 7 6 _. -$7544S- - -736. _ $14,507.88 56 0 047 - 152 -06 0 0.080 3 3 1 6666.6667. 7 770 _ 777.1 . .._,._......._........ $1,195.18 $ $3,056.09 $ $22,970.81 _. 7 0.33 + 0.33 + _ 57 0 047- 152 -15 0 0.180 3 _. _ _ 2 _ 0- 3 _,._._..... _ 067 _ - _ = _ _1.00 - = _ 7 7.421 . ..25 ... $3,783.25 $ $9,673.78 $ 58 0 047- 152 -12 0 0.034 2 2 2 2 0 _ 3 1 1.00 + + 1.00 + + 1.00 = = 3.00 0 _ $14,356.34 $ $916.61 $ $2,343.77 $ $17,616.72 59 0 047- 152 -06 0 0.052 2 2 2 7666__ . ..- _ _ 3 1 1.00 + + 1.00 + + 1.00 _ 0.156 $ 7777__ _ $1,401.87 $ _ - $26,943.20 60 0 047- 152 -07 O O.D60 3 3 _ ......... . ....__._ 7 7766.. 0.140 $ .___.._. 6 6666 _ $3,216.93 $ _ _- _- _3.00_ 0 61 0 047 - 153 -12 0 0.250 2 2 1 _ 2 1 3 3 0 0.50 + + 1.00 + + 1.00 = = 2.50 0 0.625 $ $87,967.76 _ $14,361.31 $ $107,945.54 6666... . .. . ..............666 6 0 0 6 _ __ ___ _ _. _ _ 3 0 _ . +- 000 + + �� -j 00 = = 1.00 0 0.044 $ $6,792.93 $ _$5,616.47 $ ........__.... $ $,77.. .. _. 63 0 047- 153 -27 0 0.056 1 1 1 1 0 ._..._.. 7 7676.. 1.00 + + 1.00 + + 1.00 = _ _ 0.168 $ _.._._...... 7 $1,509.71 $ $3,860.32 $ 7777. 64 0 047 - 153 -28 0 0.056 1 1 1 - 0 3 3 1 100 _+ 1 100 + + 100 ' _3.00 0 0.168 $ 6777 - - -_ - - -__ - $29,015.76 65 047- 153 -21 0.100 2 2 2 2 D D 3 3 1 0.300 $42,224.53 $2,695.90 $6,893.43 $ $51,813.86 66 047-153-25 D 049 0 0 0 . .. ._ . ......._. _.7676 . ... . .., . ._ ... . 0 0 0 3 .. _ 0.00 + + 0.00 + _ 1 = 1.00 0 _ _ $6,896.67 $ _ $ $1,125.93 $ ..2.._..., 68 0 6667... _ 0.049 0 0 0 0 0 0 3 3 0 0.00 + + 0.00 + + 1.00 - - 1.00 _ 0.049 $ $6,896.67 $ $440.33 $ $1,125.93 $ __.__.._._.. 7667.._ - 047 -15 }j0 0 - -0 0 0 0 0 3 6667. ._. 7766.., 6666._ . + 0.00 + ....... _ 0 0.054 $ $7,600.41 $ $485.26 $ 70 0 047- 153-09 0 0.040 1 1 0 0 D D 3 3 0 0.00 + + 0.00 + + 1.00 = = 1.00 O O.D40 $ $5,629.94 $ $359.45 $ $919.12 $ $6,908.51 71 0 047- 171 -01 . 6766.. _ _,._ 1.00 0 6666. _ _. _ _- - 72 0 047- 171 -02 0 ........ 7666 1 0 -- - 6 3 0 0.50 + + 0.50 + + -1.00 = = 2.00 0 6767 7 $6,474.43 $ 7777 . ...,_._._._._._._.__.. $7,944.79 ._....___ - 047- 171 -03 0 0.019 2 2 1 1 _ 0 0 3 0 0.50 + + 0.50 + + 1.00 = = 2.00 0 0.038 _ $ $5,348.44 $ $341.48 $ $873.17 $ $6,56109 74 047- 171 -04 0.016 2 2 7 7 0 _ 0 75 0 047 - 171 -22 0 0.013 2 2 7 7 0 0 3 0.50 + + 0.50 + + 1.00 = = 2.00 0 0.026 _$4,503.95 $ $233.65 $ $597.43 $ $4.490.54 3 0 76 0 047 - 171 -16 0 0.040 3 3 2 2 0 0 3 3 0 0.67 + + 0.67 + + 1.00 = = 2.34 0 0.094 $ $13,230.35 $ 676$8 $16235.07 7077 6 6777- _ _ _ _. _ Q: \Newport Beach1Ad99\repmts \ad99 final rpt 1 Ijun07 doc City of Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Assessment Calculations June 11, 2007 Appendix Page 3 Asmt No. Assessor's Parcel Number Asmt Lot Acres Streets Fronting Parcel Streets to be Undergr'ntl Prop. Lines to be Undergr'nd Utility Connect- [ions Aesthetics Benefit Factor Safety + Benefit Factor Reliability + Benefit = Factor Total Benefit Factor Benefit Points per Parcel Total Construction Costs Incidental Expenses Financial Costs District For- mation(Iat Bond Issue) 93 _ 047- 172 - 06_0.040 2 _ 2 0 3 1.00 + 1.00 + 7.00 = 3.00 0.120 $16,889.81 $1,078.36 $2,757.37 520,725.54 94 047- 172 -07 0.040 2 2 0 3 1.00 + 1.00 + 1.00 - 3.00 0.120 $16,889.81 $2,757.37 $20,725.54 95 047 - 172 -19 0.040 2 2 0 3 1.00 + 1.00 + 1.00 = 3.00 0.120 $16,889.81 _$1,078.36 $1,078.36 $2,757.37 $20,725.54 96 97 047 - 172 -21 047 - 172 -20 0.040 0.062 2 3 2 2 0 0 3 1.00 0.67 + 1.00 + 0.67 + _ 1.00 _ _ + 1.613- = _ 3.00 2.34 _0.120_ _ _ 0.145 $76,889.81 $20.408.52 $1,078.36 $7,303.02 $2,757.37 _ $3,337.82 $20,725.54 $25.093.36 3 98 99 047- 172 -18 047- 172 -17 0.053 0.046 2 1 1 1 _ 0 0 _ 3 _ 0.50 + 0.50 + 1.00 = 2.00 0.106 _ 0.138 $14,919.33 $19,423.28$1,240.12 $952.55 _ 52,435.68 53,170.98 $18307.56 $21834.38 3 1.00 + 7 F_7 100 = 3.00 100 047- 172 -28 0.046 1 1 0 _ 3 3 1.00 + 1.00 + 1.00 - 3.00 0.138 $19.423.28 $1,240.12 53,170.98 $23,834.38 101 047- 172 -29 0.046 1_ _ 1 0 1.00 + 1.00 + 1.00 = 3.00 _._ $19,423.28 $1,240.12 53,170.98 $23834.38 102 _ 103 047 - 172 -15 047- 172 -14 0046 0.046 1 1 0 0 3 3 1.00 1.00 + 1.00 + 1.00 + 1.00 _- + 1.00 = 3.00 3.00 _0.138 0.138 0.138 $19,423.28 - _. $19,423.28 $1.240.12 ._. $1,240.12 $3,170.98 $3,170.98 _ $23,834.38 $23.834.38 - 1 -_... ._.. 1 104 047- 172 -23 0.046 1 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.138 0.138 $19,423.28 $19,423.28 $1,240.72 $1,240.12 33,170.98 $3.170.98 $23,834.38 $23,834.38 105 047- 172 -22 0.046 1 _ 0 3 t00 + 1.00 + 1.00 = 3.00 106 047- 172 -12 0.046 1 _ 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.138 $19,423.28_ $1,240.12 $3.170.98 $23,834.38 107 047- 172 -26 0.046 1 1 0 3 1.00 + 1.00 + 1.00 =_ 3.00 I 0.138 $19,423.28 $1,240.12 $3170.98 $23.834.38 108 109 047- 172 -27 047 -17210 0.045 0043 1 1 1 0 3 3 1.00 1.00 + 1.00 + 1.00 + 1.00 _ ___ + 1.00 = 3.00 3.00 _ 0.135 0.129 - -- $1Q001.04 $18,156.55 $1,213.16 $1,159.24 $3,102.04 $2,96416 -- - $23.316.24_ $22,27997 1 0 110 111 112 113 047 - 172 -09 047- 173 -01 -__ 047 -17334 047- 173 -33 0.048 0.087 .. 0.058 079 2 3 .... 2 2 1 1 1 1 0 3 0.50 _ 0.33 050 050 + 0.50 _ + 0.33 + 050 + 050 +_ _ 1.00 _ - + 1.00 = + 100 = + 1.00 = -.2.00 1.66 2.00 2.00 0.096 _ 0.144 ._.._. 0,116 0.118 _ $13,511.85 $20,267.77 _ $16,326.82 $16.606.31 $862.69 .._..03 $1,294.03 _ $1042.42 $1,060.39 ._. _- $2,205.90 _ $3,309.85 _- 6. $2.665.46 $2.711.42 $16.580.44 $24.870.65 _ $20,034.70 $20.380.12 .... 0 0 0 _ _ 3 _ 3 3 114 047- 173 -03 0.058 2 2 1 1 0 0 3 3 0.50 0.50 + 0.50 + 0.50 + 1.00 = + 1.00 = 2,00 2.00 0.116 _0.178 $16,326.82 $16,608.31 $1042.42 $1,060.39 $2,665.46 $2,711.42 $20034.70 820.380.12 115 047 -173 -04 0.059 _. 116 117 _ 118 719 - -- _-,_._._. ,120, _. 727 _047- 173 -05 047- 173 -32 047 - 173 -37 047 - 17307.0.057 ... _,_,___ 047 - 173,24 047 - 173 -23 _ 0.059_ 0.058 0.059 0.058 0.058 2 1 _. 1 1 0 0 - 0 -- 0 0 0 3 3 - - 3 - -3 -^_ 3 3 3 0.50 0.50 - -_ - -- 0.50 + 0.50 + 0.50 - - - -- + 0.50 + _ 100 =_ + 1.00 = 1 00- _ - _2.00_ 2.00 200 0.118 0.116 _ _ 0.178 0.114 0.116 0.116 0.116 0.116 0.116 -_ 0.236 _ _ $16,606.31 $16,326.82 $16,608.31 $16,045.32 ,$16,326.82 $16,326.82 $16.326.82 $16,326.82 -- $16.326.82 $33.216.63 $7,06039 51.042.42 57.060M9_ -- $1024.44 _S1,04242,._... 57,042 42 _ $1,042.42 $1.042.42 $1.042.42 - S2,120.78 $2.711.42 $2,665.46 $2711.42 $2,61850 - .$2665.46 _ $26646 5 $1665.46 $2665.46 - - -S 2b65.46 $5,422.83 $20.380.12 $20.034.70 $20.380.12 _$19,689.26 $20,034.70 $20.034.70 $20,034.70 $20.034.70 $20,034.70 $40,760.24 _ 2 2 2 -- 1- -0.50 + 0.50 + -- -1.00 = 2.00 0.50 050 + 0.50 + 0,50 + 1.00 = 2.00 +_ + 1.00 = 2.00 2 2 .. 1 1 122 047- 173 -09 0.058 123 _047- 173 -10 0.058 _- 124 047- 173 -11 0.058 125 047 - 173 -12 0.118 2 2 - - 2 2 1 1 - -7 - - 1 0 0 - - -_ 0_- - .___,... 0 _ 3 .3 . -._... - 3 __0.50 _0.50 0.50 + 0.50 + 100 = 2.00 0.50 + 0.50 + 1.00 = 2,00 __., _._.. ,_.. _. 0.50 + 0 50 - �+ 1.00 = 2.00 126 727 ._._ 128 129 130 131 D47- 173 -22 047- 173-25 932 -91, 095 932 -91 -096 932 -91 -097 047 - 173-20 0.258 0.083 6.026 0.026 0.026 0.075 2 1 1 1 1 - 7 2 .. .... 1 1 1 -- 1 1 0 _ 0 0 0 0 0 3 3 3 3 - 3 3 1.00 1.00 1.00 _ 1.00 1.00 1.00 + 1.00 + 1.00 + 1.00 + 1.00 + 1.00 + 1.00 + 1.00_ - + 100 = +_ 100 - - -_ + 7.00 = + 1.00 = + 1.00 - 3.00 3.00 _ _3.00 _ _3.00 _ _ 3.00 3.00 0.774 _ 0.249 -_ 0.078 0.078 0.076_ -- 0.225 _ $108.939.55 $35.046.36 ....- ___.. $10,978.38 .,._.____._-.. $10.978.38 $10.978.38 $31,668.40 $6,955.43 $2,237.60 -.. _ $700.94 _ 8700.94 _ $700.94 32,021.93 $17,784.81 - ' $5,72155 - $1 792.29 _-._ _,... $1,792.29 $1,792.29 $5,170.07 $133,679.79 _ - $43.005.51 $73.471.61 $73,471.61 $13,471.61 838,860.40 132 133 134 135 136 137 047- 173-27 047 - 173-28 932 -91 -101 932 -91 -102 932 -91 -103 047 - 173-29 0.075 0.071 0.024 0.024 0.024 0.069 1 t 7 1 7 1 1 1 7 t 1 1 0 0 0 0 0 0 3 3 3 3 3 f 3 1.00 1.00 _ 1.00 j 00 1.00 - - -1.00 + 7.0D + 1 00 + 1.00 _+ + 1 00 + 1.00 + 1.00 + 1.00 - + 4.00 = 1.00 = + 1A0 _ _ _ + 100 = + 1.00 = 3.00 3.00 3.00 _ 3.00 3.00 3.00. _ 0.225 0.213 7.072 -.____,.... 0.072 0.072 0.207 - - $31,668.40 $29,979.41 $10,133.89 $10.133.69 $10,133.89 -- $29,134.92 $2.021.93 $1,914.09 $647.02 _ _. $647.02 $647.02 $1,860.17 $5.170.07 $4,894.34 $7.654.42 $1.654.42 $1,654.42 $4.756.47 $38,860.40 $36,787.84_ $12,435.33 $12,435.33 812.435.33 $35,751.56 138 " 047- 173-17 0.069 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.207 $29,134.92 $1.860.17 $4,756.47 $35,751.56 The lot sizes for Asmt Nos. 138, 139 and 140 have been reduced to 0.069 acres. Q.�Ncwport BeachWd9%mpoms ad99 final rpt I Ijun07 doc City of Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Assessment June 11, 2007 Appendix Page 4 . Assessors Asmt Streets Streets Prop. Lines Utility Aesthetics Safety Reliability Total Benefit Total Incidental Financial District For - Asmt Parcel Lot Fronting to be to be Connect. Benefit + Benefit + Benefit = Benefit Points Construction Expenses Costs mation list No. Number Acres Parcel Under r'nd Undergr'nd tions Factor Factor Factor Factor per Parcel Costs Bond issue) 139 047 -17316 0.069 1 1 0 3 3 1.00 + 1.00 1.00 = 3,00 0.207 - $29,134.92 $1.860.17 $4,756.47 $35,751.56 140 047- 173 -15 0.069 1 1 0 __+ - t00 _ - +- 1.00 + 1.00 = 3.00 0.207 $29,134.92 $1.860.17 $4,756.47 $35,751.56 141 047 -17313 0.030 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.090 $12,667.36 $808.77 $2.068.03 $15,544.16 142 047 -17314 0.042 1 0 0 3 0.00 0.00 + 1.00 = 1.00_ 0.042 $5,977.43 $377.43 $965.08 $7,253,94 143 047- 201 -01 0.096 2 0 0 _ _ 3 _ 0.00 _+ _ + 0.00 _ + 1.00 = 1,00 0.096 $73,57[.85 $862.69 $2.205.90 $76,580.44 144 047- 201 -02 0.037 1 0 0 3 0.00 + 0.00 + 1.00 - 1.00 0.037 $5,207.69 $332.49 $850.19 $6,390.37 ..._- ..__.__.._- 145 _...____........_... 047 - 201 -26 0.066 __.. 1 .._.__....._._... 0 0 3 0.00 + 0.00 _...._ + 7.00 - 1.00 ......__._._ 0.066 $9,289.40 $593.10 ...__..- _._..___.._.. $1.516.55 $17,399.05 146 047- 201 -25 0.013 2 1 0 3 0.50 + 0.50 + 1.00 - 2.00 0.026 $3.659.46 $233.65 $597.43 $4.490.54 147 047 - 201 -24 0.015 1 1 0 3 1.00 + 1.00 + 7.00 - 3.00 0.045 $6.333.68 _ $404,39 $1.034.01 $7,772.08 2 1 0 3 0.50 + 0.50 + 7,00 = 2.00 0.066 $9,289.40 $593.70 $7,576.55 $77 399.05 148 939 -80 -001 0.033 .. _.._ ._ 149 939-80 -002 0.033 2 t -._.- 0 _..__. 3 I 0.50 + 0.50 .. + 100 _ 2.00 0.066 . _ $9.289.40 .. $593.70 _ .55 $1.516.55 - $11,399.05 _ 150 ._._ 047 - 201 -32 __._..___.. .. 0.059 .. _.. 2 _ _ 1 _._.. 0 3 0.50 + 0.50 _ + 1.00 - 2,00 0.778 $16,608.31 $7,060.39 $ $2.777. -02 .4 820.380.72 047 - 201 -31 0.059 2 .. 1 1 .. _ _ 0 ._.- 3 -._..- 0.50 + 0.50 _. . + 1.00 = _. 2.00 ___... 0.778 0.778 ...__. $16.608.31 _ - -. $7060.39 $1,060.39 _ $2,777.42 $2,711.42 $20,380,12 $20,380.72 __151 152 047 - 201 -29 0.059 2 0 3 0.50 + 0.50 + 7.00 - 2.00 153 047- 201 -05 0.059 2 1 0 3 0.50 + 0.50 + 1.00 - 2.00 0.778 0.058 __$16,608.31 $76,608.31 $8.763.47 $1,060.39 $521.27 $2,777.42 $7.332.73 $20,380.12 $70.077.35 154 93380 -014 0.029 2 t 0 3 0.50 + 0.50 + 7.00 = 2.00 155 939-80 -015 0.029 2 1 D 3 _ _0.50 0.50 + 0.50 + 0.50 +_ 1 00 = + 7.00 = 2.00 2.00 0.058 $8,763,47 $527.21 $7,332.73 $70.077.35 156 047- 201 -36 0.059 2 1 0 _ 3 _.. $76.600.37__$7,060.39 $2,77142 $20,380.72 .. _ 757 047 - 201 -37 - - - 0.059 2 1 0 3 0.50_ 0.50 + = 2.00 0.778 $16,608.31 $1.060.39 $2,711.42 520,380.72 -38. 758 047 -20108 0.059 2 ..... 1 0 - _ -3 _+ 0.50 + 050 _7.00 + 100 2.00 0.778 $16.608.37 _ -._... $1,060.39 $2,771.42 824380.72 159 047 - 201 -09 0.176 3 1 - 0 3 0.33 + 0.33 + 7.00 - 1.66 0.292 _ � $41.098.54 82,624.01 $6,709.67 550.432.76 160 047-201-23 0 034 _.... 2 . 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.068 $9,570.69 $611.07 $7,562.57 $11,744.47 761 047 - 201 -22 0.048 1 0 .. _. _._._ 0 _ 3 ._..___._. 0.00 1.00 + 0.00 + 1.00 1. + 1.00 _- + 1.00 = 7.00 3.00 _ -__... 0.048 $6.755.92 $437.34 ...._. $7,702.95 . $8.290.27 162 047 - 201 -21 0.071 1 1 _ _ 0 0.273 $29,979.41 $1,914.09 $4,894.34 S36,787,04 163 047 -20120 0.071 1 1 0 3 1.00 + 100 + 300 - 3:00 0.273_ $29,979.4] $1914.09 84.894.34 $36,787.84 764 939-60 -020 0.035 1 1 0 3 1.00 + 1.00 _ + 1.00 = 3.00 $34.778.58 $94357 $2472.70 5[8,734.85 .. ..____ 165 -- 93380 -021 .... 0.035 ...._ 1 __._._... 1 0 3 1.00 + 1.00 1.00 = _ 3.00 ___0.705 0.705 .. $14,776.58 _. $943.57 ._._- 82,472.70 .. $38,734.85 166 047- 201 -18 0.071 1 1 0 3 1.00 + 1.00 + 1.00 3.00 0.213 $29,979.41 $7,974.09 $4,894.34 536,787.84 -- 167 .__._.- ff 047 - 201 -17 .. 0.071 ._ 1 .... _.. -_ _ -._ 1 _ ... 0 3 1.00 + 1.00 _ _' - + 1.00 - 3.00 -6.2-1 T- $29,979.47 $7,974.09 _$4,89 ---- .. 54,894.34 .... _ 536,787.84 168 _... 047 - 201 -i6 0.071 1 1 0 3 7.00 + 1.00 7.00 - 3.00 $29.979.41 $7,974.09 $4.899.34 _.. _...._� $36,787.84 169 047 - 201 -75 0.071 1 1 0- _.3.._._ _ -1.00 + 100 - - + -- -1.00 = 3.00 0.273 $29,979.41 $7,974.09 $4.894.34 $36,787.84 170 .. ..... 047 - 201 -14 0.071 _.. 1 .... _.. 1 1 _._-- _ -._._. 1 _ ................... 0 0 3 3 _...._._._... ..___... 1.00 7.00 _._... + 1.00 + 1.00 __- ._.. - + 1.00 - + 700 = .... 3.00 3.00 ....__ 0.213 -0.273 $29,979.41 $29,979.47 $1,914.09 - -.. 9 $7,974.09 $4,894.34 $4,699.34 ... _.. -� 536,787.84 $36.787.89 _ 047 -20113 0.071 _171 172 047- 207 -12 0.071 1 1 0 3 1.00 + 1.00 7.00 - - --- 3.00 0.273 $29,979.47 $7,974.09 $4.894.34 $36,787.84 3 173 047- 201 -11 0.071 7 1 _ -._ D -- 1.00 _-- + 1.00 _._._.._.......... + - 3.00 0.273 - ._.___- __- $29,979.47 _..__... $7,974.09 $4.899.34 $36.787.84 __. 174 -- ..... 047- 201 -10 .. 0.082 .._- 2 _... 1 0 3 0.50 + 0.50 _7.00 + 1.00 = 2,00 0.164 $23,082.74 ....- - $7473.76 _... $3,768.47 _...- 4 $28324.97 . -.86 175 047- 202 -07 0.059 3 1 0 3 -... 0.33 - + 0.33 + = 7.66 0.098 __...._.. $13,793.35 $2.257.85 $76,925.86 776 047 -202 02_ 0.059 __ 2 _ __ 1 D 3 + 0.50 _7.00_ + 7 00 2.00 0.718 $76,608.37 ,060.66 $7,060.39 $2 777.42 ._ 820.380.72 _038 .. 177 047- 202 -30 0.059 2 ..__.__._... 1 _ 0 3 - -__ E- 0.50 + 0.50 ..._._ _. + 1.00 - _0 2.00 _.. O.ttB . $76,606.37 .. $7,060.39 $2,711.42 $20.380.12 178 047- 202 -29 0.059 2 _ _ 7 0_ 3 + 0.50 + 7.00 =_ 2.00 0.718 876,606.39 57,060.39 $2.777.42 $20,380.12 _ 779 047- 202 -04 0.059 2 1 _ 0 3 _0.50 0.50 + 0.50 + 7 00 O.7t8 $16,608.31 $1.060.39 32,711.42 $20.380.12 _ 160 _ 047- 202 -OS 0.059 _ 2 _ 1 _ 0 3 0.50 + 0.50 + 7.00 = _2.00 2.00 0.778 $76,608.37 87 060.39 $2,777.42 $20,380.72 _ _047.202- 06_0.059 2 1 3 050 + 050 =_ 700_ = 2.00 876,606.37 $7_060.39 _ $2777.42 $20,380.72 -181 182 047- 202 -07 0.059 2 1 _ _0 0 3 0.50 + 0.50 + 1.00 = 2.00 _0.770 0.778 $16,608.31 $1060.39 52,777.42 $20,380.12 183 _� - - - 047- 202 -OB -9 0.059 ___ 2 -- 1 0 3 0.50 + 0.50 - - -- + 1.00 - 200 0.778 $16,600.37 87.060.39 $2,777.42 - $20,380.72 _... .,. 184 047- 202 09 _0.059 ___ 2 _ 1 0 3 0.50 + 0.50 + 7.00 = 2.00 -� 0.778 $76,606.37 57,060.39 $2,777.42 _ $20.380.72 The lot sizes for Asmt Nos. 138, 139 and 140 have been reduced to 0.069 acres. Q:Wewport freacMAc199 \repurts\a09 final rpt 1 ljun07.doc City of Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Assessment Calculations June 11, 2007 Appendix Page 5 Q:Vewpon BeachWdwvspons�4099 final rp111jun07.doc Assessor's Asmt Streets Streets Prop. Lines Utility Aesthetics Safety Reliability Total Benefit Total Incidental Financial District For - Asmt Parcel Lot Fronting to be to be Connect- Benefit + Benefit + Benefit = Benefit Points Construction Expenses Costs mation list No. Number Acres Parcel Undergr'nd Under r'nd lions Factor Factor Factor Factor perParcel Costs Bond Issue) 185 047- 202 -10 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16,608.31 _.__. $1060.39 .._........___ $2,711.42 $20,380.12 186 _. .........___ 047- 202 -11 0,059 .. 2 2 1 1 .... ..._ _ _ 0 0 .. 0.50 _ 0.50 + 0.50 + 0.50 ...._..___._. + 1.00 + 1.00 .. - 2.00 = 2.00 .. 0.118 0.116 _... .. $16,608.31 $16,608.31 $1,060.39 $1,060.39 $2.711.42 $2,711.42 $20.380.12 520,380.12 .. .. _....._..- 3 3 187 047- 202 -12 0.059 188 047- 202 -13 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 _ _ $16,608,31 $1,060.39 $2.711.42 520,380.12 189 047- 202 -31 0.118 3 .. ._._ 2 0 1 0 - 6 3 0.00 + 0.00 _ + 1.00 - = 1.00 0.118 - ..._.. 0.164 $15,608.31 ... ....._ $23,082.74 $1,060,39 $1,473.76 $2,711.42 -_. _.. $3,768.41 $20.380,12 $28,324.97 0.0_ .......... 190 047- 202 -28 0.082 0.50 + 0.50 + 1.00 = 2.00 191 047- 202 -27 0.071 1 1 0 3 1.00 + 1.00 + 1.00 - _ 3.00 0.213 $29,979.41 $1,914.09 $4.894.34 $36.787.84 192 047- 202 -26 0.071 1 1 0 3 1.00 + 1.00 + 1.00 - 3.00 0.273 $29,979.41 $1,914.09 $4.694.34 $36,787.84 193 047 - 202 -25 0.071 1 1 1 1 0 0 3 3 1.00 1.00 _+ 1.00 + 1.00 + 1.00 - + 1.00 3.00 = 3.00 0.213 0.105 $29,979.41 $14,778.58 $1,914.09 $943.57 $4,894.34 52.412.70 $36,787.84 $78.134.85 194 939 - 80-008 0.035 _....._.__...._- 195 939 -80.009 .._...- 0.035 ----1 1 ....__ 1 - -_ 0 ___. ... 3 1.00 + 1.00 ._. + 1.00 - __...__. - 3.00 _...__.$14,7_. 0.105 $74,778.56 8943.57 5 .... -- 2.70 52,412.70 ...._. ...... . .. $18,134.85 196 047- 202 -23 0.071 1 .. 1 1 0 0 3 ..... ........ 3 1.00 _ ...... ... .... 1.00 _+ 1.00 .. .......___...._....._.. + 1.D0 + 1.00 + 1.00 = 3.00 _ _... 3.00 0.213 - 0.213 $29,979.41 ._.._. $1,914.09 ___...._ -_... $1,914.09 $4,694.34 54,694.34 $36,787.84 ......_. -. $36,787.84 .._.__......_ ..._._.._.._. 197 047- 202 -22 0.071 _ 1 .. ..__- ._._-- 198 ._.........__..__... 047- 202 -21 0.071 ...___ 1 -_._.. 1 ........ _.._..- 0 3 ._- _ ......... 1.00 ........__._..._. + 1.00 ___......_.. + 1.00 3.00 _._....._. 0.213 _$29,979.41 $29,979.41 ..__...__.- $1,914.09 .- ___....... $4,894.34 $36,787.84 199 047- 202 -20 0.071 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 _ 0.213 $29,979.41 $1,914.09 $4,894.34 $36,787.84 200 047 - 202 -19 0.071 . _ 1 1 .... 0 ... ..... 3 ...... _.___...._....__._._._.. 1.00 _....___......_... + 1.00 + 1.00 _. 3.00 0.213 .__._._.......- $29,979.41 ._- .- .._....... $1,914.09 54,894.34 . .. $36.787.84 ......__..__.... ___._._.._.._.......__. 201 047- 202 -18 0.071 1 _ .. .. 1 ........... _. 0 __ -.... 3 1.00 + 1.00 .... .= +1.00 ,. - - _.. ... 0.213 $29,979.41 $1,914.09 4.8 54.894.34 $36,787.84 202 047- 202 -17 0.071 1 0.5 .....- _...__.._- 0 _.. -_ 3 .._0._..... ...... 0.50 + 0.50 +_ 1.00_ _3.00 ... = 2.00 _.. 0.142 ... $19,986.28 ._. _._......_ $1276.06 ............._ .... 53,262.89 .... .. $24.525.23 203 047 - 211 -01 0.059 3 0 0 _ _ 3 0.00 + 0.00 + 1.00 = 1.00 0.059 88,304.16 $530.19 51355.71 $10,190.06 2D4 047- 211 -02 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 _ 0.118 i $16,608.31 $1.060.39 $2,711.42 $20,380.12 _.._____ .._.. 205 ......_ 047- 211 -03 ......... 0.059 ... .. 2 _.... ._ 1 0 3 0.50 + 0.50 + 1.00 _ - 2.00 - -1 0.718 $16,608.31 ..... 31.060.39 52,711.42 -.._. $20,380.72 206 047- 211 -04 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 _ $16,608.31 $1.060.39 $2,711.42 $20,380.12 207 047- 211 -OS 0.059 2 7 0 3 _._.. ..+ -. ._...... + 0.50 .- .. + 1.00 2.00 0.118 0.718 -_6.. .. ._...__._._.__..... $16.606.31 $16.608.31 .......- $1,060.39 51.060.39 __....... S2,711.42 $2,711.42 .. $20.380.72 $20.380,12 208 047- 211 -30 0.059 2 7 0 3 _0.50 _ _ 0.50 + 0.50 + 1.00 = 2.00 209 047 - 211 -29 0.059 2 7 ....___. 0 ... 3 .... .5 0.50 ...... ... .__.... + 0.50 ..........._.06 * 1.00 - 2.00 .._-- 0.718 _- ........ $16,608.31 31060.39 52,711.42 $20,380.72 210 047. 271 -26 0.094 2 t 0 3 0.50 + 0.50 + 1.00 = 2.00 0.768 $26.460.70 $1,689.43 $4319.88 532.470,01 211 047-211-27 0.082 2 1 0 3 0.50 + 0.50 + 1.00 2.00 0.164 $23,082.74 $1.473.76 $3,768.41 $28,324.91 ....... 212 047 - 211 -08 0.059 _.... ..___. 2 3 0 3 0.67 + 0.67 _- + - 2.34 0.738 $19.423.28 51,240.12 _..._.........'__ $3,170.98 $23,834.36 218 047- 211 -25 0.082 2 0.5 - -...0 - 3 0.25 + 0.25 _1.00 + � �7.00�� -�� 1.50 0.123 $17,312.06 $7,105.32 $2,826.31 $21,243.69_ 214 047 - 211 -24 0.071 1 1 0 3 1.OD + 1.00 + 1.00 - 3.00 _ 0.213 $29,979.41 $1,914.09 $4 . ........... .. 215 047 - 211 -23 0.071 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 829,979.41 51,914.09 $4,894.34 $35,787.64 216 047- 211 -22 0.071 1 1 0 3 1.OD + 1.00 + 1.00 '... 3.00 _0.213 0.213 829,979.41 $1,914.09 $4,894.34 .. ..7............- $36.767.84 ._....._ ._..... 217 _.__._..-_...._.._ 939 -80.010 0.035 . _. __ 1 __ __ .. 1 0 3 1.00 + 1.00 + 1.00 -__ = 3.00 _.... ..._..._..__- 0.105 .._.......__.._... 514,778.58 .. $943.57 $2,412.70 ...... 816,134,85 218 939 -80 -011 0.035 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.105 $14,778.58 $943.57 $2.412.70 $18,134.65 219 047 - 211 -20 0.071 _ 1 1 0 3 3 1.00_ 1.00 + 1.00 + 1.00 + 1.00 + 1.00 - 3.00 = 3.00 0.213 $29,979.41 $1,914.09 $4.894.34 $36,787.84 220 047 - 211 -19 0.071 1 1 0 0.213_ $29,979.41 $1,914.09 $4,894.34 $36,767.84 221 047- 211 -18 0.071 .... 1 1 0 3 1.00 + 1.00 + 1.00 ...._ = 3.00 0.213 .___ ..._.. $29,979.41 $1,974.09 $1. $4.894.34 78 .. .. $36,787.64 222 047 - 211 -17 0.071 2 2 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29,979.41 $1914.09 $4,894.34 $36.761.84 223 047 - 211 -09 _._... 0.115 3 0,5 0 3 + 1.00 .....__ - 1.34 0.154 0.114 $21,675.26 $76,045.32 $1383.90 $1,024.44 $3.538.63 __..._...., 826,597.79 819,989.21 224 047 - 211 -10 0.057 2 1 0 3 _0.17 _0.17 0.50 + 0.50 + 1.00 = 2.00 ..- _ ................. 225 047- 211 -17 0.057 3 ... 2 _....._. -..- 0 __..._... 3 0.67 + 0.67 + 1.D0 = 2.34 ...._ 0.133 ..._......__..--- 510,719.54 $1,195.18 __... -.... $3019.50 $3,0$6.08 $22.970.61 226 047- 211 -13 0.057 3 2 0 3 0.67 + 0.67 + 1.00 = 2.34 0.133 $18,719.54 $1,195.18 $3.056.09 $22,970.81 227, 047- 211 -14 0.057 2 1 D 3 0.50 + 0.50 + 1.00 2.00 0.114 $16,045.32 $1024.44 $2,619.50 $19.669.26 228 047- 211 -28 0.115 2 0.5 0 3 0.25 + 0.25 + 1.00 - 1.50 0.173 $24,349.48 $1.554.64 $3.975.21 $29,879.33 229 ...__ 047 - 300 -03 . ......... 0.046 ..._ 0 _.._ ._. 0 0 0.00_ + 0.00 3_.._ + 0.33 =_0.33 _ _ 0.015 _._........ $2,17123_ $134.80 $344.67 $2$90:70 230 047 - 212 -25 0365 _ 3 _ 1 0 0.606 $85293.54 $5,445.73 $13,924.73 $104,664.00 _7 3 _ 0.33 + 0.33 + 1,00 = 1.66 Q:Vewpon BeachWdwvspons�4099 final rp111jun07.doc City of Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Assessment Calculations June 11, 2007 Appendix Page 6 39.759 $5,596,016.52 $357,288.24 $913.586.40 $6866,891.16 Q.Vewport eeach4M99 \reports�ad99 final rpt I Ijun07 doc Assessor's Asmt Streets Streets Prop. Lines Utility Aesthetics Safety Reliability Total Benefit Total Incidental Financial District For. Asmt Parcel Lot Fronting - to be to be Connect. Benefit + Benefit + Benefit = Benefk Points Construction Expenses Costs mation (1st No. Number Acres Parcel Undergr'nd Undergr'nd tions Factor Factor Factor Factor per Parcel Costs Bond Issue) 231 047- 212 -06 0.073 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00_ 0.146 $20,549.27 $1,312.01 $3.354.80 $25.216.08 232 047 - 212 -07 0.073 2 t 1 0 3 0.50 + 0.50 + 100 = 2.00 0.1 $20,549.27 $1,31201 $3.354.80 $25.216.08 7 - 233 04212 -08 0.073 3 0 3 0.33 + 0.33 + 1.00 = 1.66 0.121 21 $17,030.56 $1,087.35 $2,780.35 $20,898.26 234 047 - 212 -19 0.138 2 1 1 3 3 0.50 0.00 + 0.75 -..Y + -0.50 1.00 + 1.00 = 2.25 = 1.50 0.311 $43,772.76 $2,794.75 $7.146,19 $53,713.70 235 047 - 212 -18 0.138 1 0 0.5 0.207 $29,134.92 $1,860.17 $4.75_6.47 $3_5.751.56 236 047- 212 -17 0.094 1 - ..j.. - -- 1 _ 9 100- -- + 2.00 ._._100 - = + 4.00 _ 0.376 $52,921.41 $3,378.87 $8,63977 _ $64,940.05 237 047 - 212 -16 0.071 1 1 1_ - -0 3 1.00 + 1.00 + 1,00 = 300 0.213 $29,97941 71,914.09 $4,894.34 $36.787.84 238 047 - 212 -15 0.071 1 - -0 3 1.00 + 1.00 + 1,00 = 3.00 0.213 $29,979.41 $1,914.09 $4,894.34 $36,787.84 239 047 - 212 -14 0.671 1 1 0 3 1.00 + + 1.00 - 3.00 0.213 $29,979.41 $1,914.09 $4.694.34 $36,787.84 240 047 - 212 -13 0.071 1 1 0 3 1.00 _1.00_ + 1.00 + 1.00 = 3.00 0.213 $29,979.41 $1,914.09 _ $4,694.34 $36,787.84 241 047 - 212 -12 0.071 1 --- .,_.1_ 1 0 3 100 a 1.00 + 1.00 = 3.00 0.213 $29.979.47 $7,914.09 $4.89434 $36.787.84 242 047 - 212 -11 0.071 1 0 3 1;00_,,,... 1,00 + 1.00 = 3.00 0.213 $29,979.41 $1,914.09 $4;694.34 $36,787.84 243 047 - 212 -10 0.071 1 1 _. 0 3 �� 3 - 1.00 0.50 a � 1,00 + 0.50 + 1.00 + 1.00 = 3.00 = 2.00 0.213 0.142 $29,979.41 $19,98628 $1,914.09 $1,276.06 $4894.34 $3;262.89 $36,787.84 $24 -...__ $24,525.23 244 047 - 212 -09 0.071_ 2 1 -- ..- ._.. - -._. 0 245 047 - 240 -01 0.434 3 0.5 0 7 1 0.00 + 0.17 + 0.33 = 0.50 0.217 $30,542.41 $1,950.04 $4.98625 $37,478.70 39.759 $5,596,016.52 $357,288.24 $913.586.40 $6866,891.16 Q.Vewport eeach4M99 \reports�ad99 final rpt I Ijun07 doc Budget Amendment City of Newport Beach BUDGET AMENDMENT 2006-07 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND �X Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 07BA -081 AMOUNT: $s,23a,222.ao Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations for proposed Assessment District # 99 - Balboa Boulevard Alley. To appropriate $54,239.40 for the related assessment on City and State owned property. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 4099 3605 010 3605 REVENUE ESTIMATES (3609) Fund /Division Account 4099 6960 EXPENDITURE APPROPRIATIONS (3603) Division Account 74099 9801 74099 9802 74099 9805 74099 9811 74099 9812 74099 9813 74099 9814 74099 9815 74099 9817 74099 9818 74099 9819 74099 9820 74099 9822 74099 9823 74099 9825 74099 9824 7013 C5200981 Description Assessment District # 99 - Fund Balance General Fund - Fund Balance Description Assessment District # 99 - AD # 99 Bond Sale Description AD # 99 - Electric Construction AD # 99 - Phone AD # 99 - Construction Contingency AD # 99 - Electric Design AD # 99 - Assessment Engineering AD # 99 - Constriction Inspection AD # 99 - City Administration AD # 99 - Underwriters Discount AD # 99 - Bond Counsel AD # 99 - Paying Agent Fees AD # 99 - Filling Fees AD # 99 - Printing, Advertising, Notices AD # 99 - Disclosure Counsel AD # 99 - Financial Advisor AD # 99 - Incidental Contingency AD # 99 - AD Interest Streets - AD 99 City Property Signed: ,U /�ji,,JJ,GO �'� Finahcial Approval: Administrativ ervices Director Signed: X4!!` , Administrative Approlof, City Manager Amount Debit Credit $100,065.00 $54,239.40 $6,179,983.00 $3.790,427.00 $1,248,255.00 $502,834.00 $15,000.00 $4,435.00 $56,000.00 $70,000.00 $123,643.00 $35,000.00 $3,000.00 $5,000.00 $25,000.00 $33,000.00 $33,000.00 $32,288.00 $103,036.00 $54,239.40 G -.moo -dam Date !i O Of Signed: City Council Approval: City Clerk Date CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT CG'Lji' i LA Lit Nei. , Agenda Item No. 4 May 08, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 or parcineiga @city:newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 99 — BALBOA BOULEVARD ALLEY FROM MCFADDEN SQUARE TO 14TH STREET AND 19TH, 20TH AND 21ST STREETS NORTH OF BALBOA BOULEVARD -FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT RECOMMENDATIONS: 1. Adopt the following Resolutions for Proposed Assessment District No. 99 a. Resolution No. 2007- making finding on a petition for, adopting a map • showing the proposed boundaries of; and making appointments for proposed Assessment. District No. 99. b. Resolution No. 2007- declaring intention to order the construction.of certain improvements in proposed Assessment District No. 99; declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district. c. Resolution No. 2007- giving preliminary approval to the report of the assessment engineer, setting the time and place for a public hearing as June 2.6, 2007; and ordering the intention of assessment ballot procedure for Assessment District No. 99. d. Resolution No. 2007- approving contracts for utility improvements for Assessment District No. 99. 2. Approve the Bond Counsel Agreement with Robert Hessell and authorize the Mayor and City Clerk to execute the Agreement. 3. Approve contract Amendment No. 1 for Hams & Associates and authorize the Mayor and City Clerk to execute the Amendment. • HISTORY: Owners of property located in Proposed Assessment District No. 99 submitted petitions to the City, in the Spring of 2002, requesting the formation of a special assessment Progosed Assessment District No. 99 Balboa Boulevard Alley from McFadden Square to 14 Stand 19'. 20' and 21� Streets No Balboa Boulevard for Undergrounding Utilities May B, 2007 ... _. ......._ Page district to underground overhead utilities. On January 14, 2003 City Council appropriated $55,000.00 to hire Harris and Associates as the assessment engineer for this proposed project and appropriated $45,000 for utility design to SCE and SBC. $15,000.00 was expended to prepare SCE engineering plans and $30,000.00 was expended to prepare AT &T engineering plans. On October 6, 2003 Hams and Associates certified that owners representing approximately 57.4 percent of the assessable property area within-Proposed Assessment District No. 99 had signed a petition for undergrounding overhead utilities. City Council has approved a total of $100,000.00 to date for the preliminary stages of this project. DISCUSSION: Assessment District No. 99 is being proposed for the conversion of existing overhead utilities to underground locations. The property owners within the boundary of the proposed Assessment District will bear the cost of the improvements and the associated proceedings. The procedure being used to create the Assessment District is outlined in the Municipal Improvement Act of 1913. Bonds issued under the Improvement Bond Act of 1915, with a term of 25 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. 99 is estimated as follows: ITEM ESTIMATED COST Cost of Construction $5,598,550 Incidental Costs and Expenses $357,450 Financing (Bond) Costs $914,000 Federal Income Tax Component of Contribution (ITCC) $2,310,000 Estimated Total Cost: $9,180,000 The estimate includes the Federal. Income Tax Component of Contribution (ITCC) Tax, which is a betterment tax. However, bonds will not be sold for the ITCC Tax since underground utility districts are undertaken at the request of the community for purposes of community aesthetics and public safety, and not for the benefit of particular customers of the utility in their capacity as customer of the utility. This underground district is not required as a condition for obtaining any electrical service. In the event the Internal Revenue Service (IRS), State, City and/or local government taxing authority determines that this project is taxable, Southern California Edison (SCE) will require the City to reimburse the full amount of the determined tax liability, plus interest, penalties, fees, and related costs. In that case the City may need to sell a second issue of the bonds, if necessary, to pay SCE within 60 days after they notify the City of Newport Beach. The estimated ITCC tax amount is $2,310,000, including financing costs. The City Attorney's Office has reviewed SCE's request to have the preceding statement included in the Assessment District Report. It was determined that the City would not incur any tax liability. In addition to the assessment, property owners will be responsible for converting their service connection to receive underground service. These private property costs can vary greatly depending on the condition and location of their current electrical service. Proposed Assessment District No. 99 Balboa Boulevard Alley from McFadden Square to 14 St and le. 20' and 2e Streets n/o Balboa Boulevard for Undergrounding U6Gfies MaY 8, 2007 Page 3 • Property owners are encouraged to contact licensed electrical contractors to determine their individual needs. The Bond Reserve will be ten percent for this district. Property owners who pay assessments in cash will receive a discount of approximately twelve percent, which represents the financial cost of issuing and servicing bonds. The following is a tentative schedule for proposed Assessment District No. 99: • Property Owner Information Meeting April 18, 2007 • Resolution of Intention May 8, 2007 • Public Hearing June 26, 2007 • Public Utilities Commence Work September 24, 2007 • City Notifies Property Owners to Install Service June 1, 2008 Connections • Property Owners Complete Conversions December 31, 2008 • Public Utilities Begin to Remove Overhead June 2009 Structures • Public Utilities Finish Removing Poles and December 2009 Overhead Structures The Assessment Engineer's assessment methodology uses benefit points as a means •to apportion assessments within this District based on the parcel size multiplied by benefit factors. This assessment methodology assigns benefit factors based on three separate criteria: aesthetics, safety, and reliability. The total of these three factors are then multiplied, by the parcel area in acres to derive the total benefit points for each parcel. The construction costs were then prorated to each parcel based on the number of benefit points assigned. The incidental, bonding, and ITCC costs were then prorated per parcel based on their construction assessment. The estimated assessment with the ITCC tax component ranges from $3,468.78 to $179,682.44, with the average assessment being $37,469.38. The estimated assessment without the ITCC tax component. ranges from $2,595.92 to $134,468.07, with the average assessment being $28,040.82. Due to the wide variation in property sizes, uses, and degree of undergrounding required, the various benefit factors accounted for each individual situation. Some exceptions were taken on a few lots that did not fall neatly into the benefit factor criteria. These parcels included: • Newport Elementary School (Asmnt. No. 245) — this parcel doesn't receive any aesthetic benefit, it does receive a safety benefit based on the fact that one pole adjacent to the site would be removed, and it did receive a reliability benefit for new underground phone and cable services. These benefrt factors were multiplied by 20% of the parcel size acreage based on the reasoning that the • office /utility usages was roughly 20% of the area while the remainder uses were classrooms /common area for students. • Our Lady of Mt. Carmel Catholic Church (Asmnt. No. 230) — 50% of this parcel's lot acreage was used in calculating its assessment based on the fact that half of Proposed Assessment District No. 99 Balboa Boulevard Alley from McFadden Square to W St and le, 20" and 21� Streets n/o Balboa Boulevard for Undergrounding Utilities May 8.2007 Page 4 the land is used for required parking and therefore restricts further development of the parcel. • State owned property ( Asmnt. No. 229) this property does not benefit from aesthetics, or safety, since it is not adjacent to any streets that are to be undergrounded, however it will benefit from increased reliability due to the new underground system: The assessment for this parcel was based on the square footage of the existing building (2000 sq. ft.) since the rest of the lot is recreational beach area. • The City owns two parcels in the District ( Asmnt No 43 and APN 047 - 171 -21). Only one parcel Asmnt No. 43 is assessed in the amount of $50,879.92 (not including ITCC tax). The other parcel is not assessed because it is part of an alley right -of -way and does not have any potential for development. Plans and specifications were prepared by SCE; AT &T, and TimeWamer Communications. Attached is a sketch showing the boundary of the proposed Assessment District and the utilities to be undergrounded. During the course of the AD boundary formation additional streets and properties (parcels) were added to the original boundary. These streets were added due to resident interest and subsequent petition signatures. Hams and Associates original professional service agreement did not include this additional area in their scope of services. Please see Fee Schedule — Amendment #1 for additional fee to cover this area. Environmental Review: A Notice of Exemption was completed February 21, 2007, and filed with the County Recorder on February 21, 2007. ,P)repared by: atrick L. Arciniega P Associate Civil Engine Attachments: Submitted -• ublic ,. Director 1. Exhibit Showing District Boundaries 2. Resolution Receiving Petition 3. Resolution of Intention to order construction of certain improvements 4. Resolution preliminary approval of Engineer's Report, setting public hearing and initiating ballot procedures 5. Resolution approving utility improvement contracts 6. Utility Contracts for SCE and AT &T 7. Bond Counsel Agreement 8. Harris & Associates Contract Amendment 9. Engineer's Report •; PROPOSED BOUNDARIES OF ADCEPTFL AND HUD .I ME ASSESSMENT DISTRICT No. 99 NEWEST OF ON LF NEAVOLT SUN (BALBOA BOULEVARD ALLEY) DATE ME FEE { CITY OF NEWPORT BEACH, COUNTY OF ORANGE MSMIMINT / `(H��y STATE OF CALIFORNIA SON RmE ON YAPS W ASSESSMENT AND COMMUNITY 2 FAMNES DISTRICTS IN ME GALE W THE ROCERM ON ME DOWN N ORANGE. iSTATE ON CAIRLYINM. TMA our M" C K RECORDER BY OEPUR N VOMIT REC MNC PER C.C. BIOS HAP. SHEET 4 ��,��: � Illlllitillll ��IIIIIIIII� �Sa/ '�;�,4R. � / / /1, iE``L•'! uliv c hi uH. Fwi n �rzS N.l /u L k STC {C1/ /lIU•ILVi[IIINIE!::'llY C4 /MIT VIL {iIL,...IIIM!Yll�l _' c� lI{l //1q► f� {�)c'{ 1 BLOCK 0 BLOCK 0 ME BWNSANY OF ME PROPOSED ASSESSMENT DISI,MCT LOMDES WITH ME RSSCSSDRY 1A 1_3 WNIN THE BWNURY SHEET 6 SH NN ON THTS MIP. FOR PART IAMS Of LIN6 AND MENTIONS OF ASSESSOR'S PNCB9, RIMMNCE IS MADE TO TM MAPS OF ME ORANGE COMN ASSESSOR, SpwMA1LY BOON P] PAGES 15, 16. 17, 1B. W. 21, 34 AND SD. Al )MENSgNS SAWN HEREIN AM MR ME ASSESSOR'S PARCEL MAPS D fl M ME PIKE W ME CITY CLEAN M ME On OF NEWORT BEACH MIS —DAY OF 30.. GTT CLEAN L YaON CERT6Y MAY ME Yw INZ-HO PMPo°ED BWNDAPoES CF ASSESSMENT DISTRICT Na 01. ON OF NEPPO1T BEACH. CONN ON ORAN¢'ys A Om BY ME ON CWNCIL CF ME ON ON NE—ORY BEAN. AT A REGULAR MEERNC TNflt[a. HELL ON ME —DAY OF_ 20— By ITS REWWRCN Nro. Cltt CS[RN -- ASSESSOR'S PARCEL LINE -- -- LOT LINE ASSESSMENT DISTRICT BOUNDARY - - - -- TRACT LINE —'— CENTEROINE 1 LOT NUMBER N.A.P. NOT A >ART Of ASSESS.&NI DISTRICT mm Pa6 RR odeb{ CON9THU0) Oi Y AOLRe Jr DlN YARN, SAM I". 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WIT mm',E� M In L ;A $W. -•m GRAPHIC SCALE RESOLUTION NO. 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RECEIVING A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR PROPOSED ASSESSMENT DISTRICT NO. 99 (BALBOA BOULEVARD ALLEY) WHEREAS, this legislative body has received from certain property owners an executed petition (the "Petition ") requesting the formation of a special assessment district, to be designated as Assessment District No. 99 (Balboa Boulevard Alley) (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 ordinances of the City of Newport Beach and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act ");. WHEREAS, this legislative body finds that 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; •WHEREAS, this legislative body 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 are 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 a resolution fixing the time and place of hearing on the formation and 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. Stephen G. Badum P.E., Director of Public Works for 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 Harris & Associates is hereby appointed the Assessment Engineerfor the Assessment District proceedings and the contractfor services submitted is hereby approved. SECTION 8. The firm of Fieldman Rolapp & Associates is hereby appointed the Financial Advisor for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 9. Robert E. Hessell, attorney at law, is hereby appointed to act as Bond Counsel for the Assessment District and the contract for services submitted is hereby approved. SECTION 10. 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 underthe 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. 0 E PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of May, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk L� • 3 Mayor RESOLUTION NO. 2007 - RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 99 (BALBOA BOULEVARD ALLEY), DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND TO DESIGNATE THE AREA AN UNDERGROND UTITLITES DISTRICT WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 99 (Balboa Boulevard. Alley) (hereinafter referred to as the "Assessment District ") to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "); WHEREAS, this legislative body desires to ascertain whether the area comprising the Assessment District should also be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "City"); WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District; WHEREAS, the assessment proceedings for the Assessment District were initiated by owners of the real property within the Assessment District; NOW THEREFORE, Be it Determined, Resolved, and Ordered as follows: DECLARATION OF INTENTION SECTION 1. The public interest and convenience require, and it is the intention of this legislative body_ to order, pursuant to the Act, the construction of the public improvements hereinafter described in and for the Assessment District, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. • DESCRIPTION OF IMPROVEMENTS SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: A. The improvements generally consist of the conversion of existing overhead electrical and communication facilities to underground locations within the area shown on the Map, togetherwith appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 99 (Balboa Boulevard Alley). B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineers Report (described below) and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineers Report. D. The description of the improvements contained in this Resolution is general and the plans and profiles of the work as contained in the Assessment • Engineers Report shall be controlling as to the correct and detailed description thereof. LJ DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The improvements are of special benefit to the real propertywithin the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District that 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 described above, which Map, entitled "Proposed Boundaries Assessment District No. 99 (Balboa Boulevard Alley)," was previously approved by this legislative body, exhibits the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements, 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. `a REPORT OF THE ASSESSMENT ENGINEER 0 SECTION 3. The proposed improvements are hereby referred to Harris & Associates (the "Assessment Engineer") who is hereby directed to make and file a'report as required by the Improvement Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California, and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750), such report (the "Assessment Engineer's Report") shall be in writing and contain the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective real property and 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, 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 K, 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. IMPROVEMENT FUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and, designated by the name of this Assessment District, and into such fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Patrick Arciniega, Associate Civil Engineer City of Newport Beach P.O. Box 1794 Newport Beach, California 92658 (949) 644 -3347 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineer's Report; upon adoption, shall provide certification that the land, . rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the City will not obligate itself to advance available funds from the City treasury to cure any deficiency that may occur in the bond redemption fund for the Assessment District.. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is also the intention of this legislative body with respect to the improvements to be owned, managed, or controlled by any other public agency, regulated • 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 8th day of May, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor • ATTEST: City Clerk RESOLUTION NO. 2007- 0 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 99 (BALBOA BOULEVARD ALLEY) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PLACE. FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 99 (Balboa Boulevard Alley) (hereinafter referred to as the "Assessment District") to provide for the conversion of certain overhead electrical and communication facilitiesto underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "); WHEREAS, the Assessment District area should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "Ordinance"); WHEREAS, a resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and the utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the 'Report") as required by the Resolution of Intention, Sections 10203 and 10204 of the Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act") (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law") and the Ordinance; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted and preliminarily approved, as follows: A. The plans and specifications for the proposed improvements to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; • B. The Assessment Engineer's estimate of the itemized and total costs and • expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each ofthem are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective real property interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several property interests in the Assessment District, in proportion to the estimated special benefits to be received by such property interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. • SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district, the proposed assessments, and the designation of the area as an underground utilities district at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on June 26, 2007 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property that is subject to the assessment has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each property interest located within the assessment district and subject to a proposed assessment. Each such owner may complete such ballot and thereby indicate their support 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. 2 At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be opened and tabulated. If a majority protest exists, the City Council shall not impose an assessment within the assessment district. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the assessment district exceed the ballots submitted in favor. of such assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 5. The City Clerk is hereby directed to mail or cause to be mailed, 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 Recorderwithin 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 regular meeting of the City Council of the City of Newport Beach held on the 8th day of May, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 3 Mayor CITY OF NEWPORT BEACH • RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CONTRACTS FOR UTILITY IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 99 (BALBOA BOULEVARD ALLEY) WHEREAS, this City Council has, pursuant to the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, by adoption of its Resolution of Intention, declared its intention to order the installation of certain works of improvement, together with appurtenances, in a special assessment district designated as Assessment District No. 99 (Balboa Boulevard Alley) (hereinafter referred to as the "Assessment District "); WHEREAS, Streets and Highways Code Section 10110 specifies that before ordering any improvements which are to be owned, managed or controlled by another public agency or public utility, an agreement is required setting forth the terms and conditions of the installation, ownership, management and financing of the improvements; WHEREAS, at this time, contracts have been submitted and reviewed pursuant • to the authorization of Section 10110 of said Streets and Highways Code; NOW, THEREFORE, it is hereby Determined, Ordered, and Resolved as follows: LJ SECTION 1: The above recitals are all true and correct. SECTION 2. The agreements submitted to this legislative body relating to the installation of certain improvement facilities for the Assessment District, which improvements will be under the ownership, management and control of other public agencies or regulated public utilities, are hereby approved for execution and delivery. The agreements are the following: Southern California Edison - utility agreement AT &T - utility agreement SECTION 3. Immediately upon execution, conformed copies of said agreements shall be transmitted to the office of the respective public agency or utility company, together with a copy of this Resolution. 1 PASSED, APPROVED, and ADOPTED this 8th day of May 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2 • AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Installation by Utility) THIS AGREEMENT, made this 20th day of Much, 2007, between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility", and the party or parties whose names are subscribed hereunder as "Applicants ", 11.L 210 :0Y.11 WHEREAS, Applicants have requested Utility, pursuant to Section B. of Utility's Rule No. 20, Replacement of Overhead with Underground Distribution Facilities, to replace Utility's existing overhead with underground distribution facilities at the location or locations in the County of Orange County, State of California, substantially described as follows: McFadden/Balboa/14th Newport Beach, CA 92660 6533 -7139 E- 7132,6533 -7134 E•7127 and as shown on the map attached hereto and made a part hereof; and WHEREAS, a. It is necessary for all property owners served from Utility's overhead facilities to be removed to agree in writing to perfomi the wiring changes on owners' premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules and that Utility may discontinue Utility's • . overhead service upon completion of Utility's underground facilities, or - b. Suitable legislation is in effect requiring such- property owners to make such necessary wiring changes and authorizing Utility to discontinue Utility`s overhead service; and WHEREAS, Applicants have requested Utility to famish and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes and electrolier bases and to perform other work related to structures and substructures including breaking of pavement, trenching, back£illing, and repaving required in connection with installation of the underground system; and WHEREAS, Underground service connections to each applicant from Utility's underground distribution system will be installed and maintained as provided in Utility's rules applicable thereto; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows, viz.: J 1. Applicants will pay to Utility concurrently with the execution hereof the nonrefundable amount of 63,033,460.14 , which is the excess, if any, of the estimated costs, including breaking of pavement trenching,backfillmg, and paving. required in 'coancebon with installation of the underground syste t,and of $771,966.86 , the excess, if any, of the' estimated costs including transformers, meters, and services, of completing the underground system and building a new equivalent overhead system7be amount contributed by each of said Applicants is shown hereinafter. 2. Utility will complete the undergrounding of said overhead distribution facilities, provided, however, Utility has been granted rights of way therefore satisfactory, to and without cost to Utility SCE CSD 156 -1 REV 11/01 -3- Form ACW-F Rev. 6/19/06 aw AT &T Project #5189536 Make check payable to: AT &T Return signed Application with payment to: AT &T 3939 E. Coronado St. Anaheim, Ca. 92807 Attn: Jeff Merickel APPLICATION FOR CUSTOM WORK = FIXED PRICE BASIS January 31, 2007 City of Newport Beach Department of Public Works 3300 Newport Blvd. Newport Beach, Ca. 92658 -8915 ATTN: Mr. Patrick Ardntega DESCRIPTION OF CUSTOM WORK: This is in response to the City of Newport Beach's request to convert all aerial facilities within Underground Assessment District No. 99 to underground. The Assessment District is comprised of the area bounded by McfaddemPlace, Balboa Boulevard, 114"' Street; and Ocean Front West and area bounded by 21°r Street, Newport Channel, 19'h Street; and Balboa Boulevard in the City of Newport Beach. CHARGE FOR CUSTOM WORK: FVED CONTRACT PRICE: $1,248,255.00 Applicant has asked AT &T to perform the above - described custom work for which Applicant shall pay. AT &T the amount of One Million Two Hundred & Twenty -Three Thousand Seven Hundred & Fifty Five Dollars & No Cents / $1,223;755.00 in advance of the start of any AT &T work. This amount is less the deposit of $24,500.00 received on August 8, 2005. Applicant shall pay for work on a 'Fixed Price' basis. Thus, the amount quoted above is the amount Applicant will pay for the work regardless of the actual cost of the work. Charges are computed in accordance with AT &T's ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and include allocated costs for labor, engineering, materials, transportation, motor vehicles, and tool and supply expenses and, if applicable, a 33% percent tax component collected for State and Federal Income Tax purposes in accordance with CPUC decision 87 -09 -026. The amount of One Million Two Hundred & Forty Eight Thousand Two Hundred & Fifty Five Dollars & No Cents / $1,248,255.00 is valid for only two hundred and forty -two (242) days and Is therefore subject to change after September 30, 2007 if AT &T has not received an executed copy of the Application and the advance payment by that date. The above date was agreed to by mutual agreement because of a building moratorium from July 4, 2007 to September 3, 2007. Also, this pricing must remain valid until September 30, 2007 per the actual scope of the bid. 0 • • Form ACW -F Rev. 6/19106 If the applicant cancels the work prior to completion, Applicant shall pay AT &T for all costs.AT &T has incurred before being notified in writing to cease work. ACCEPTED FOR CUSTOMER: By. — Printed Date signed: ACCEPTED FOR AT &T: Printed Nam 6: Jff.W Rlilf R . I'-*rtEIZILX-9t- Title: MANA&FPZ - IM2 Date signed: 1-31-0-7 AERIAL TO UNDERGROUND CONVERSION AGREEMENT BETWEEN CITY OF NEWPORT BEACH and . PACIFIC BELL TELEPHONE COMPANY DBA AT &T CALIFORNIA (AT &T To Construct USS) (Rule 32(A)(2)) ASSESSMENT DISTRICT #99 AREA BOUNDED BY MCFADDEN PLACE, BALBOA BOULEVARD, 14TH STREET, AND OCEAN FRONT WEST AND AREA BOUNDED BY 21sr STREET, NEWPORT CHANNEL, 19TH STREET, AND BALBOA BOULEVARD Actial to Underground Conversion Construction Agreement (Rule 32(A)(2)) where AT &T construct USS WFST:324747 (rev. 4110/06) n��324747(m. 41I006) Aciialm Underground Conversion Construction Agreement (Rule 32(A)(2)) where AT&T construct USS TABLE OF CONTENTS x, DEFINITIONS ��.`....`.-.`.-.] II. RECITALS . ................................................................................................................................ I III. SPECIFIC PROVISIONS 2 ...-..`~......-...-.~~~~~~~~~~-~~~~~~~~~-~~~'~~~-~~. A. 7\arif�..............^^^^^^~~^^^^~~~~~~~~~~~~~~-~~~~-~~~~~-~~—~~~-~ B. � ......~...........~~~~~~~~~~~-~~~-~~~~~~~~~~~~~~-~.~~-~. 2 C. Term . .......................................................................................................................... 3 D. ~.~~~~~~~~--~~-~~~~~~~~~~~--~~~~-~~~~-~~~~~-. 3 E. Title ....^...-...~^^--^~~-~-~~~~~~~~~~~--~~~~~~~-~~~~~~~~~~~~-~~~~~.. 3 F. ^-~~~~~~--~~~~~~~~~~~~~--~~~~-~~~~-~-~~~-~~.~~--~~~-~~~. 3 G. P a2ment .~~~^~^~~~~~~~-..^.................................................................................... 3 H. Cancellation, Modification or Deferment . .....__.._......_...._........_.. 3 1. � Indemnity; Limitation of Liabil .._..........._..._.................... 3 J. Licenses and Easements . ~~~~-~~-~~~~-~~~~~~.......--...-.....-...--.../4 � ..~~-~~~~-~~~�--~~~~~~~-...............-........�/4 L. ` ........_..........__......___...........___...... 5 � M. Schedule of Work . ..___...._.._....__....._.........._.._........_....5 N. Force Mai ........_...._..._.._..._...._....._...................5 � IV. GENERAL PROVISIONS ...-....-...~~~~~-~~--~--~~~~_~~~-~`~~~~~~~~-~~~~~-5 A. Assg 5 B. ~~~~~~-~~~-~-~~~~~~~~~~~~.~~~~~~~~~~-~~~~~~--~-~~~--~~6 C. ~~~~~~-~-~-~~~~~~~-~~~~~~~~~~~~~-~~-~~~~~-~-~~~---~~~~~. 6 D. ~~~~~~~~~~~-~~-~~~~-~~~~~~~-~~~-. 6 � E. JurIsdictio�l.-~r~-~~~-~~~~~~~~~~~~~~~~~~-~~~~~--~-~~~~~~~~~~~~~~-~~~.. 6 F. Notices ~~~~~~~~6 G. Waiver and Amendment ~~~~~~~~.~--~-~~~~~-~~~-~~~~~~~~~~~~~-~~~.~~~~../ n��324747(m. 41I006) Aciialm Underground Conversion Construction Agreement (Rule 32(A)(2)) where AT&T construct USS H. Attorneys' Fees .............................................................................. ..............................7 Exhibit A Applicant's Approved Street Improvement Plans Exhibit B AT &T's Estimated Costs Aerial to Underground Conversion Construction Agreement (Rule 32(A)(2)) where AT &T construct USS WFST:324747 (rev. 4/10/06) • 0 • THIS AGREEMENT ( "Agreement'l is between CITY OF NEWPORT BEACH, a California corporation ("Applicant'), and PACIFIC BELL TELEPHONE COMPANY, a California corporation doing business as AT &T California ( "AT &T") (collectively the 'Parties'). I. DEFINITIONS. As used in this Agreement, the following terms apply: A. The term "Tariff' refers to Schedule Cal. P.U.C. No. A2, Rule 32.A.2. B. The terms "Underground Supporting Structure" and "USS" include, but are not limited to, conduit, manholes, service boxes, and related equipment. C. -The terms "Trench" and "Trenching" include, but are not limited to, excavating, backfilling, compacting, and as necessary, breaking and replacing pavement, sidewalks, driveways, curbs and gutters; and restoring all other surface features, disturbed by underground construction, including landscaping, plus the cost of performing such work. D. The tern "Hazardous Substance" refers to any substance, material and chemical that is or becomes regulated under applicable local, state or federal law, regulation, or ordinance. • E. The term "District" refers to the area in/on/along Assessment District #99 along area bounded by Mcfadden Place, Balboa Boulevard, 14tb Street, and Ocean Front West and area bounded by 2l't Street,. Newport Channel, 19`h Street, and Balboa Boulevard in the City o£Newport Beach where the undergrounding of existing aerial facilities is to take place. F. The term "Project" means all of the work required to underground existing aerial facilities within the District. G. The term "CPUC" refers to the California Public Utilities Commission. II. RECITALS. A. Applicant has asked AT &T to replace its existing aerial communication facilities with underground communication facilities within the District. B. AT &T is willing to underground its existing aerial communication facilities within the District, subject to the terms and conditions of this Agreement. In consideration of the above, the Parties agree as follows: • Aerial to Underground Conversion Conmvetion Agreement (Rule 32(A)(2)) where AT &T constructs USS Page 1 of 7 WIST.324747 (Rev- 4110106) III. SPECIFIC PROVISIONS. A. Tariff. The Project will be conducted in accordance with the Tariff. B. Construction.. 1: Upon receipt of the advance payment(s) described in Section G hereof and a copy of this Agreement that has been executed by Applicant, AT &T will perform the work required to convert its existing aerial facilities to underground facilities in the area shown in the District on Applicant's plans, a copy of which is attached hereto as Exhibit A. 2. If, during the installation or construction of communications facilities, AT &T employees, subcontractors, or agents encounter Hazardous Substance(s) that may be disturbed by AT &T's activities: a. AT &T shall give prompt written notice of the discovery of the Hazardous Substance(s) to Applicant; b. AT &T shall suspend performance under this Agreement until (1) containment and removal of the Hazardous Substance(s) has been completed and approved by the appropriate governmental agency(ies) if such. approval is required or approved by AT &T, if governmental agency(ies) approval is not required; or (2) Applicant reasonably demonstrates to AT &T that the Hazardous Substance(s) will not be disturbed by AT &T's activities; C. AT &T's performance of its obligations under this Agreement is extended for the amount of time that it takes to complete containment/removal of the Hazardous Substance(s); and, d. If Applicant elects not to remove/contain the Hazardous Substance(s), AT &T may terminate this Agreement without further liability by giving advance notice to Applicant no later than ten (10) days after the date the Applicant notifies AT &T of its decision not to remove/contain the Hazardous Substance(s). If AT &T terminated this Agreement in accordance with this paragraph, Applicant shall reimburse AT &T for the costs AT &T incurred up to the effective date of the termination. Aerial to Underground Conversion •� Construction Agreement (Rule 32(Ax2)) where AT &T constructs USS Page 2of7 WEST:324747 (Rev. 4110/06) 0 - C. Term. This Agreement is effective . upon execution and shall continue in effect until terminated or canceled as provided by law or this Agreement. D. Performance by Applicant. To facilitate this project, Applicant shall require all property owners served by the aerial facilities to be replaced within the District to provide and maintain the USS on their property. E. Title. Upon completion of construction, title to the USS and all associated communications facilities placed by or for AT &T, except the underground service connections, shall vest in AT &T, provided that such is free of all liens and encumbrances. F. Tax Liability. Applicant shall pay; and hold AT &T harmless from and against, all penalties, interest, taxes or other charges that are levied or assessed against Applicant. • G. Payment. 1. Applicant shall pay to AT &T within thirty (30) days after execution of this Agreement the sum of One Million Two Hundred & Forty Eight Thousand Two Hundred & Fifty Five Dollars & No Cents, which represents the estimated cost of constructing the USS along the public way and other utility rights of way in the District, per Exhibit B hereto. If applicable, Applicant shall also pay to AT &T a tax component of No Dollars & No Cents collected for Federal and State hicome Tats in accordance with CPUC decision 87 -09 -026. These amounts are valid for only two hundred and forty-two (242) days and are therefore subject to change after September 30, 2007, if AT &T has not commenced construction by that date due to circumstances beyond its control. The above date was agreed to by mutual agreement because of a building moratorium from July 4, 2007 to September 3, 2007. Also, this pricing must remain valid until September 30, 2007 per the actual scope of the bid. H. Cancellation, Modification or Deferment If Applicant cancels, modifies or defers its request to replace the aerial facilities with underground facilities in the District, Applicant shall reimburse to AT &T all costs incurred by AT &T, in accordance with the Tariff. • Aerial to Underground Conversion Consfivction Agreement (Rule 32(A)(2)) where AT &T constructs USS Page 3 of 7 WEST.324747 (Rev. 4/10/06) I. Indemnity, Limitation of Liability. 1. Applicant shall indemnify, defend, and hold harmless AT &T and its officers, agents and employees, as well as its associated and affiliated companies and their respective officers, agents, and employees ( "Indemnitees "), from and against any and all losses, damages, expenses, Costs, penalties, fines, fees (including reasonable attorneys' and consultants' fees), and liabilities (collectively "Liabilities "), incurred as a result of any injury to or death of any person(s), or damage to any property(ies) arising out of or in connection with the condition of the property in the District, including environmental contamination, except where such Liabilities are caused by the sole negligence or willful misconduct of Indemnitees. 2. Applicant shall, at AT &T's request, defend AT &T, at no cost or expense to AT &T, against Liability(ies) asserted in any claim, demand, suit or legal proceeding. AT &T shall notify Applicant within a reasonable time of any written claims or demands against AT &T for which Applicant is responsible under this section. Applicant shall also (a) keep AT &T fully informed as to the progress of such defense, and (b) afford AT &T, at its own expense, an opportunity to participate with Applicant in the defense or settlement of such claims, demand, lawsuits or other legal proceedings. 3. These indemnities shall survive the termination or cancellation of this Agreement or any provision to the contrary herein. 4. IN NO EVENT SHALL AT &T BE LIABLE TO APPLICANT FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BY TORT OR CONTRACT, INCLUDING LOST REVENUES, LOSS OF PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT, INCLUDING, WITHOUT LIMTTATION, NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM, OR A DEFECT OR FAILURE TO PERFORM OR DEFECT OF CABLE OR WIRING, REGARDLESS OF THE FORESEEABILTCY THEREOF. Licenses and Easements. Prior to construction of the Project, Applicant shall, at no cost to AT &T, furnish AT &T with any and all licenses or grants of easements that are necessary to accommodate the Project, including the construction and maintenance of AT &T's facilities. K. Performance. Aerial to Underground Conversion Construction Agrcement (Rule 32(A)(2)) where AT &T constructs USS Page 4 of 7 WEST324747 (Rev. 4/10/)6) • If Applicant defaults in the performance of any work that it is obligated to perform under this Agreement within the time allowed for such .work, AT &T may elect, by written notice to Applicant, to perform the work at Applicant's sole risk and expense and Applicant shall pay to AT &T upon demand AT &T's actual costs for performing the work. L. Damage to Facilities. Applicant and its employees, agents and contractors shall exercise special precaution and care to avoid causing damage to AT &T's facilities in performing work near AT &T's work. Applicant shall assume responsibility for any and all losses, costs and expenses arising out of, caused by, or in any way connected with such damages, including consequential damages. Applicant shall immediately report the occurrence of any such damage to AT &T and shall, on demand, reimburse AT &T for all expenses incurred by AT &T in replacing or repairing the damage. M. Schedule of Work. AT &T shall have its facilities converted contingent upon mutually acceptable schedules, timely obtaining of permits, licenses and other documents, and not being delayed by those uncontrollable forces described in Section UI.N below. N. Force Majeure. • AT &T shall not be held liable to Applicant for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, the presence, of archeological or historical artifacts, or Hazardous Substances on, in, or near the Project, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of carriers. If any of the foregoing events occur, AT &T agrees, if requested by Applicant, to accelerate its efforts hereunder if reasonably feasible in order to regain lost time, so long as Applicant agrees in writing to reimburse AT &T for the incremental actual costs of such efforts. IV. GENERAL PROVISIONS. A. Assignment. Applicant shall not wholly or partially assign this Agreement without the prior written consent of AT &T. • Aerial to Underground Conversion Construction Agneanent (Rule 32(A)(2)) where AT &T constructs USS Page 5 of 7 WEST--324747 (Rev. 4110/06) B. Binding Effect. This Agreement shall be for the benefit of and is binding upon the respective successors and assigns of the parties. C. Termination. This Agreement automatically terminates upon completion of the Project. In the event of any material default or breach of this Agreement by Applicant, in addition to all other rights and remedies which AT &T may have at law or in equity, AT &T shall have the immediate right to terminate this Agreement by giving ten (10) days prior written notice of termination. The notice shall specify the cause of termination and shall give Applicant a reasonable opportunity to cure and correct any such cause. In the event this Agreement is terminated or suspended as provided herein, AT &T shall not be liable to Applicant or any other person or entity for any losses, damages or claims which may arise as a result of termination. Applicant shall pay to AT &T all costs and expenses incurred by AT &T prior to termination of this Agreement. Any termination of this Agreement in whole or in part shall not release Applicant from any liability or obligation under this Agreement, whether of indemnity or otherwise, which may have accrued or which may be accruing or which arises out of any claim that may have accrued or may be accruing at the time of termination. D. Entire Agreement. This Agreement and. the attached Exhibits, which are incorporated herein by this reference, constitute the entire Agreement between the Parties hereto with respect to the subject matter hereof All prior agreements, representations, statements, negotiations and understandings are superseded. E. Jurisdiction. This Agreement shall be governed by the laws of the State of California and is subject to the applicable rules, regulations and tariffs on file with the CPUC. F. Notices. All notices and other communications hereunder shall be given in writing and addressed as follows and shall be deemed given when: delivered in person, delivered to an agent, such as an overnight or similar delivery service, or three days after being deposited in the United States mail, postage prepaid. APPLICANT AT &T Aerial to Underground Conversion • Construction Agreement (Rule 32(A)(2)) where AT &T constructs USS Page 6 of 7 WESr:324747 (Rev. 4/1 0/06) • City of Newport Beach Department of Public Works Attn: Mr. Patrick Arciniega 3300 Newport Blvd. Newport Beach, Ca.92658- 8915 G. Waiver and Amendment. Attu. Jeff Merickel 3939 E. Coronado St. Anaheim, Ca. 92807 The provisions of this Agreement shall not be waived, altered, or amended by any representations or promises of any party unless. consented to in writing by both parties. H. Attorneys' Fees. • If any action is brought to adjudicate the rights granted in this Agreement or to enforce any of the terns of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees in an amount to be determined by a court or a tribunal of competent jurisdiction. • The duly authorized representatives of Applicant and AT &T have executed this Agreement by affixing their signatures on the dates indicated below. CITY OF NEWPORT BEACH By Printed Name: Date Signed: WEST324747 (Rev. 4/IM6) PACIFIC BELL TELEPHONE COMPANY By: Printed Name: J EFF R I$ K R, W ER I LXEL- Title: MIW WGff Z— ItN61tM&Z . Date Signed: 1 -31- Lr7 Aerial to Underground Conversion Construction Agreement (Rule 32(A)(2)) where AT &T constructs USS Page 7 of 7 Exhibit A Applicant's .plans VIM324747 Exhibit B AT &T's Estimated Costs WEST-324747 AGREEMENT FOR LEGAL SERVICES FOR BOND COUNSEL FOR UNDERGROUND ASSESSMENT DISTRICT NO. 99 (BALBOA BOULEVARD ALLEY) THIS AGREEMENT, dated for purposes of identification only this day of 2007, is made and entered into by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and ROBERT E. HESSELL, an individual hereinafter referred to as "ATTORNEY" WITNESSETH: WHEREAS, the CITY from time to time requires the advice and assistance of bond counsel in connection with the proceedings relating to the formation of an underground utilities assessment district designated assessment district No.94 (Pacific Drive -Corona Del Mar), to the establishment of an underground utilities district, and to any related bond or other debt issuance by, or for the benefit of the assessment district.; and WHEREAS, the CITY has determined that ATTORNEY is qualified by training and experience to perform the services of bond counsel in conjunction with City financings, and ATTORNEY is willing to provide such services to CITY; and WHEREAS, the CITY and the ATTORNEY desire to enter into this Agreement upon the terms hereinafter set forth. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. DUTIES OF ATTORNEY ATTORNEY shall (a) when engaged as bond counsel for underground utilities district No.94 (Pacific Drive- Corona Del Mar), perform all of the services set forth in Exhibit A "Scope of Services to be Provided by Bond Counsel" and, as may be requested and authorized from time to time by the City Attorney of CITY in connection with the authorization, issuance and consummation of certain City financings, and (b) provide general legal advice to the CITY, its departments, officers and employees concerning City financings, proposed City financings and other financial matters as requested of, or assigned to, ATTORNEY by the City Attorney of CITY. Performance of services by ATTORNEY may be requested by CITY by either telephone or in writing and such request shall be confirmed in writing by ATTORNEY. CITY shall specify in reasonable detail the scope of services requested with respect to each matter on which it engages the • services of ATTORNEY. CITY shall also specify how such services or advice are to be billed to CITY pursuant to Paragraph 3 hereof. Unless otherwise expressly approved by CITY, services provided to CITY by ATTORNEY pursuant to this Agreement shall be provided solely by Robert E. Hessell. CITY shall have the right to personally interview any other individual whose services ATTORNEY proposes to utilize to provide services pursuant to this Agreement and shall have the right to reject any or all such individuals until CITY is satisfied that such persons have adequate credentials and experience to perform the required services for the CITY. This Agreement for services shall be non - exclusive and CITY shall, at any time, have the absolute right to use different bond counsel or disclosure counsel for matters or City financings other than those for which ATTORNEY have been specifically engaged. 2. TERM This Agreement shall continue in full force and effect until terminated by either of the parties hereto. CITY shall have the right at any time to terminate the services of ATTORNEY with regard to any matter or City financing for which ATTORNEY has previously been engaged by CITY. In • the event this Agreement, or the services of ATTORNEY with regard to a . particular matter or City financing, are terminated prior to the completion of any matter or City financing upon which ATTORNEY is engaged at the time of such termination, ATTORNEY shall be reasonably compensated for all services rendered to CITY, and allowable expenses incurred by ATTORNEY as set forth in Paragraph 3 hereof, on such matter(s) or City financing(s) prior to the date of such termination of services by the CITY. • 3. COMPENSATION Bond Counsel Services. For the services of ATTORNEY as bond counsel to the CITY as described in Exhibit A hereof, the CITY will pay ATTORNEY, and ATTORNEY agrees to accept, compensation as follows: 1. Formation of AD and Debt Issuance. If the AD is formed and bonds or similar indebtedness are issued by or for the benefit of the AD, Counsel shall be paid a fee for all services computed on the principal amount of each series of bonds or similar indebtedness issued as follows: One -half of one percent (0.5 %) of the principal amount up to $5,000,000; plus 2 One - quarter of one percent (0.25 %) of the principal amount from . $5,000,001 to $10,000,000; plus One - eighth of one percent (0.125 %) of the principal amount from $10,000,001 to $20,000,000; plus One - sixteenth of one percent (0.0625 %) of the principal amount above $20,000,001. Notwithstanding the foregoing, the minimum fee shall be $20,000. The fee for the bonds or similar indebtedness shall be due and payable upon the occurrence of the Closing. 2. If Debt Is Not Issued. In the event that the AD is formed and debt is not issued for any reason, Counsel shall be paid a fee of $5,000 for all services rendered with respect to the formation of the AD. The fee shall be due and payable upon invoice from Counsel, which may be transmitted to the CITY following a determination that debt will not be issued. 3. Costs and Expenses. In addition to the foregoing, all costs and expenses reasonably incurred in connection with the proceedings to form the AD are to be billed to, and payable by, CITY. Costs and expenses will be billed at cost,. except the expenses stated below will be billed as follows: Photocopying: $0.10 per page Mileage: IRS Rate.- (unless, over one -half hour and billed hourly) Facsimile: $0.10 per page (sending only) Computer Research: Cost, plus 10% (not to exceed $300) Transcript Preparation: Not to exceed $90 per transcript Bond Preparation: Not to exceed $300 per series of bonds Costs and expenses incurred in connection with the proceedings to form the AD shall be due and payable at the time the fee for the services is due and payable and shall be payable solely from the proceeds of the first issuance of bonds or similar indebtedness, collections from the Assessment District, or any combination thereof. Expenses incurred in connection with the issuance of bonds or similar indebtedness shall be due and payable at the time of the Closing of the issue for which such expenses were incurred and shall be payable from the proceeds of the issue. E 3 4. RESPONSIBILITIES OF THE CITY • The CITY shall cooperate with ATTORNEY and shall fumish ATTORNEY with certified copies of all proceedings taken by the CITY, or other documents or information deemed necessary by ATTORNEY to perform these services hereunder. All costs and expenses incurred incidental to the actual issuance and delivery of the financing instruments, including the cost and expense of preparing certified copies of proceedings required by ATTORNEY in connection with the issuance of the financing instruments, the cost of preparing the financing instruments for execution and delivery, all printing costs and publication costs, and any other expenses incurred in connection with the issuance of the financing instruments, shall be paid by the CITY. 5. INDEMNIFICATION HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions,. causes of action, suits, losses, judgments, • fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement or Consultant's activities (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). • Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attomeys fees in any - action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of, inderrinification to be provided by the Consultant. n INSURANCE Without limiting Consultant's indemnification of CITY, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to CITY. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by. the City's Risk Manager. D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employers Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less 5 • than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars • ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 2. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. • 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for M each, except with respect to the limits. of liability of the insuring company. 4. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 7. CONFLICTS OF INTEREST It is recognized that ATTORNEY may have clients who may, from time to time, have interests adverse to CITY: ATTORNEY reserves the right to represent such clients in matters not connected with the services to be provided to CITY pursuant to this Agreement. In the event that ATTORNEY represents or proposes to represent a client who may have interests adverse to CITY, in a matter connected with the services to be provided to CITY pursuant to this Agreement. ATTORNEY shall, immediately upon discovering said possible adverse interest, provide written notice to CITY of the possible adverse interest. ATTORNEY agrees to comply with any obligations they may have pursuant to California Government Code Section .87100 et seq. 8. TERMINATION OF AGREEMENT This Agreement may be terminated by the CITY at any time, with or without cause; by giving written notice to ATTORNEY. In the event of termination, all finished and unfinished documents, exhibits, data, reports, 7 and evidence shall, at the option of CITY, becomes its property and shall • be delivered to it by ATTORNEY. 9. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. Upon approval of this Agreement by the City Council, all prior Agreements between the Parties shall be rescinded. 10. ASSIGNMENT Neither ATTORNEY nor CITY may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other party. 11. GOVERNING LAW; SEVERABILITY This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of • this Agreement are intended to be and shall. be deemed severable. The parties shall agree, if reasonably practicable, upon provisions which are equivalent from an economic point of view to replace any provision which is determined to be invalid. Any action brought relating to this agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12. COMPLIANCE WITH LAWS In the.performance of this Agreement, ATTORNEY shall abide by and conform to any and all applicable laws of the United States, the State of California and the City Charter and Ordinances of CITY. 13. WAIVER No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion. 14. INDEPENDENT CONTRACTOR The performance of ATTORNEY'S services hereunder shall be in the • capacity of an independent contractor and not as an officer, agent, or E 15. 16. 17 employee of CITY. In consideration for the compensation paid to ATTORNEY by CITY, ATTORNEY agrees that CITY shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and ATTORNEY agrees that ATTORNEY shall not sue or file a claim, petition or application therefore against CITY or any of its officers, employees, agents, representatives or sureties. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. NO THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third party as, a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. NOTICE Any notice or demand required or permitted to be given by the terms of this Agreement, or by any law or statute may be given by CITY by depositing said notice or demand in the U.S. Mail, postage prepaid, addressed to ATTORNEY at ATTORNEY'S address or any new address provided by ATTORNEY in writing to CITY. Service of said notice or demand on ATTORNEY shall be complete five (5) days after deposit of said notice or demand in the mail. Any notice or demand required or permitted by the terms of this Agreement or by any law or statute may be given by either party by either (1) personal delivery, (2) FAX transmission or (3) first -class United States Mail, postage prepaid. Notices and communication concerning this Agreement shall be delivered, faxed or mailed to the following addresses: City of Newport Beach Robert Hessell Attn: City Attorney 12707 High Bluff Dr. 3300 Newport Blvd. Suite 200 Newport Beach, CA 92658 San Diego, CA 92130 Phone: (949) 644 -3131 Phone: (858) 350 -4288 FAX: (949) 644 -3139 FAX: (858) 350 -4289 9 • Either party may, by notice to the other party, change the address specified above. Service of any notice or demand shall be complete when received at the designated address. 18. AUTHORITY AND EFFECTIVE DATE OF AGREEMENT ATTORNEY and ATTORNEYS signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of ATTORNEY and to bind ATTORNEY hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event ATTORNEY fails to set forth a date of execution opposite the name(s) of ATTORNEY'S signator (s), ATTORNEY hereby authorizes. CITY, by and through its representative, to insert the date of execution by ATTORNEY'S signator (s) as the date said Agreement, as executed by ATTORNEY, is received by CITY. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: •. By: City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachments: U CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: Robert E. Hessell Exhibit A — Scope of Services 10 EXHIBIT A Bond Counsel Services Scope of Services Legal services to be provided by Counsel shall include: (a) attending negotiation sessions and otherwise assisting City staff in the negotiation with utility companies; (b) preparing all resolutions, notices, agreements, bonds, and other papers and documents required in the proceedings; (c) examining the proceedings related to the formation of the AD (d) appearing at all hearings under the proceedings, and attending any other meeting where attendance is requested by the City; (e) reviewing and examining the map showing the boundaries of the AD; (f).reviewing the method and formula utilized by the Assessment Engineer for the apportionment of the special assessment; (g) reviewing the "Report" of the Assessment Engineer; (h) participating with the City's financing team to determine the structure of any bond or similar debt issuance; (i) assisting in the review of those sections of the official statement, if any, to be disseminated in connection with the issuance of any series of bonds related to authority and security for the bonds, tax - exemption, legal opinion, litigation, summary of bond indenture, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of any bonds or similar indebtedness; (j) preparing or reviewing any continuing disclosure agreement required under SEC Rule 15c2 -12; (k) consulting with any underwriter, rating agency and credit enhancement provider, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (1) consulting with any trustee, fiscal agent or paying agent, and. their respective legal counsel, participating in the sale of, or security for; any bonds or similar indebtedness; (m) assisting in any ballot proceedings; (n) ,. subject to the completion of the proceedings to Counsel's satisfaction, issuing an approving legal opinion attesting to the validity of the proceedings and the issuance of bonds or similar indebtedness, which legal opinion will be addressed to the City and will be delivered by Counsel on the date the bonds are exchanged for their purchase price (the "Closing "); (o) providing any necessary supplemental legal opinions as to the applicability of the registration requirements of federal securities laws and other matters related to the issuance of bonds or similar indebtedness; provided, however, such opinions do not include the rendering of a 10(b)5 opinion regarding any official statement or similar document; (p) providing advice and instruction to the City and its staff in connection with any of the foregoing. II AMENDMENT NO. 1 TO • PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES FOR PROPOSED ASSESSEMENT DISTRCT NO. 99 THIS AMENDMENT_ NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and HARRIS & ASSOCIATES, INC., a California Corporation whose address is 34 Executive Park, Suite 150, Irvine, California, 92614 -4705 ( "Consultant'), and is made with reference to the following: RECITALS A. On January 14, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for Assessment Engineering services for Proposed Assessment District No. 99, hereinafter referred to as "Project ". This Agreement is scheduled to expire on October 31, 2005. B. City desires to enter into this Amendment No. 1 to reflect additional • services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Ten Thousand Dollars and no /100 ($10,000.00). 3. The term of the Agreement shall be extended to December 31, 2008. 4. Except as exprepsly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in • full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: M LaVonne Harkless, City Clerk Attachment: Exhibit A Eluserslpbw\sharedlagreements%fy 06- 07%hards -ad 99 -amend t.doc CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: (Financial Officer) Title: Print Name: 40 Assessment Engineering Services Amendment #1— EXHIBIT A Proposed Assessment District No. 99 Fee Schedule • FEE SCHEDULE — AMENDMENT #1 The following fees are being amended based on the additional work required to. be performed due to: - Added two optional areas for petition review incorporating approximately 50 properties; Added approximately 60 properties to the originally anticipated 185 properties; Original proposal anticipated Assessment District formation by December 2002. • i Phase 1— Petition Sufficiency Tasks 1 through 5 ... ............................... Phase 2 — Engineer's Report and Formation Proceedings Tasks6 through 19 .............................. ............................... .add additional $2,000 .....add additional $8,000 Phase 3 - Assessment Confirmation and Bond Sale Tasks20 through 24 ......................... :.......................................................................... no change _Phase 4 - Property Owner Coordination after Formation (Optional) Tasks 25 through 33 .................................................. ................................ .................. no change Total Additional Fee 1$ = 0,600 These time & material estimates and the time & material rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing arid: . copying, and'are based on the assumption that the Assessment District will be formed prior to . December of 2007- Harris' current schedule of hourly rates are provided below. SCHEDULE OF HOURLY RATES Project Director ............... ............................... $230 / hour Project Manager .................. ...........................$200 / hour Deputy Project Manager ..... ...........................$200 / hour Senior Project Engineer., ................................ $150 / hour Project Engineer .................. ...........................$130 / hour Junior Project Engineer ....... ...........................$110 / hour Senior Project Analyst ...... ............................... $95 •/ hour Senior Drafting Technician . ...........................$100 / hour Project Analyst ..................... ............................$85 / hour Clerical Staff... ................................................. $65 /.hour These hourly rates maybe updated on an annual (calendar year) basis. F;\Users\PBW\ Shared \COUNCILTY06-07kO5 -081AD99199 amend I "h B.dm Page B-1 Mod ?� A l A l l a � y1 h�� f 4 "• City of Newport Beach April 27, 2007 Underground Utility Assessment 6istrict No. 99 (Balboa Boulevard Alley) . Preliminary Engineers Report TABLE OF CONTENTS Page Introduction and Certifications PART I Plans and Specifications PARTII Cost Estimate ...................................................................... ............................... 5 PART III Assessment Roll and Method of Assessment Spread ...... ............................... 6 Table 1 — Assessment Roll ................................................... ............................... 9 DebtLimit Valuation ........................................................ ............................... 13 Exhibit 1 — Method and Formula of Assessment Spread..: ............................... 14 PART IV Annual Administrative Assessment .................................. .............................21 • PART V Boundary Map and Diagram of Assessment District ..... .............................22 BoundaryMap ...................................................................... .............................23 Assessment Diaeram ............................................................ .............................29 11 PARTVI Description of Facilities ..................................................... ...................:.........35 Right -of -Way Certificate ............. ..................................................................... 36 Certification of Completion of Environmental Proceedings .............................37 APPENDIX Assessment Calculations Q:Wewpon B=h1Ad991repoM\ad99 prel rpt 27apA7.dm City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineers Report Page 1 AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 99 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE The purposes of this Assessment District is to provide financing to underground power, telephone and cable facilities in the area generally described as Balboa Boulevard Alley, specifically the areas between Balboa Boulevard and Ocean Front West, from McFadden Place to 14'h Street; between Newport Channel and Balboa Boulevard, from 21n Street to 19'h Street. The proposed underground utility improvements will provide conversion to a more safe and reliable upgraded utility system and will improve neighborhood aesthetics. The construction of these improvements will conform to existing City, of Newport Beach, Southern California Edison, AT &T and Adelphia Cable standards. By virtue of such improvements, the proposed improvements are of special and direct benefit to these properties. Pursuant to the provisions of Article XIIID of the State Constitution, Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code of the State of California, and the "Municipal Improvement Act of 1913 ", being Division 12 of said Code, and the Resolution of Intention, adopted by the City Council of the CITY OF NEWPORT BEACH, State of California, in connection with the proceedings for Assessment District No. 99 (hereinafter referred to as the "Assessment District "), I, Joan E. Cox, P.E., a Registered Professional Engineer and authorized representative of Harris & Associates, the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated below. PART I This part contains the plans and specifications which describe the general nature, location and extent for the proposed improvements to be constructed, and are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Superintendent of Streets. PART II This part contains an estimate of the cost of the proposed improvements, including capitalized interest, if any, incidental costs and expenses in connection therewith as set forth herein and attached hereto. PART III This part consists of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in 0 Q:W ewpon Beach1Ad99ke)wrtsbd99 pre) rpt 27apr07.dm City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) • Preliminary Engineer's Report Page 2 proportion to the special benefits to be received by such subdivisions from said improvements, which is set forth upon the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which, would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true. value, determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. 19 : -d-TA This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration and registration of any associated bonds and reserve or other related funds, or both. PART V This part contains a map showing the boundaries of the Assessment District, and a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said • Assessment District, as the same existed at the time of the passage of the Resolution of Intention. The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. PART VI This part shall consist of the following information: A. Description of facilities B. Right -of -Way Certificate C. Environmental Certificate This report is submitted on the , day of , 2007. HARRIS & ASSOCIATES JOAN E. COX, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA • Q:Wewpm BeacMAd9ftep0ttslad99 prel rpr 27aprO7.dac City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 3 Preliminary approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the _ day of , 2007. 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 2007. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:Wewport Beach1Ad99treports\ad99 pml rpl 27apA7.doc 0 City of Newport Beach April 27, 2007 Underground Willy Assessment Wistrict No. 99 (Balboa Boulevard Alley) • Preliminary Engineer's Report Page 4 Part Plans and Specifications The plans and specifications to construct the utility undergrounding improvements, and any ancillary improvements thereof, for the area generally described as Assessment District No. 99, Balboa Boulevard Alley, specifically the areas between Balboa Boulevard and Ocean Front West, from McFadden Place to 10 Street; between Newport Channel and Balboa Boulevard, from 20 Street to 19ib Street, describe the general nature, location and extent of the improvements for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. Said Plans and Specifications for the improvements are on file in the office of the Superintendent of Streets. • r07.dm City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineers Report Page 5 Part II Cost Estimate CONSTRUCTION COSTS' Estimated Costs Preliminary Confirmed Electrical Construction Costs (Southern California Edison) $3,805,427 Telephone Construction Costs (AT &T) $1,248,255 Contingency (10 %) $505,368 AT &T Design Engineering $24,500 Edison Design Engineering $15,000 Total Construction Costs: $5,598,550 INCIDENTAL EXPENSES Assessment Engineering $65,000 Contract Inspection $56,000 Disclosure Counsel $33,000 City Administration $70,000 Financial Advisor $33,000 Fling Fees $5,000 Bond Counsel $35,000 Paying Agent $3,000 Financial Printing, Registration and Servicing $25,000 Incidental Contingencies $32,450 Total Incidental Expenses: $357,450 Total Construction and Incidental Expenses: $5,956,000 FINANCING COSTS (1st Bond Issue) Underwriters Discount 1.80% $124,000 Bond Reserve 10.00% $687,000 Funded Interest @ 3 months @ 6.00% $103,000 Total Financial Costs: $914,000 DISTRICT FORMATION AMOUNT TO ASSESSMENT: $6,870,000 FEDERAL INCOME TAX COMPONENT OF CONTRIBUTION (ITCC) (2nd. Bond. issue) " FINANCING COSTS (2nd Bond Issue) Federal Tax Component $1,959,500 Underwriters Discount 1.20% $33,000 Bond Reserve 7.00% $162,000 Funded Interest @ 3 months @ 6.00% $35,000 Bond Counsel $30,000 Disclosure Counsel $20,000 Financial Printing, Registration and Servicing $18,000 Paying Agent $3.000 Incidental Contingencies $49,500 TOTAL FEDERAL TAX AND FINANCING COSTS: $2,310,000 TOTAL AMOUNT TO ASSESSMENT: $9,180,000 Adelphia Cable is required to pay for undergrounding through the Franchise Agreement with the City. 2nd Bond Issue for Federal Income Tax Component of Contribution (35 %) will only be issued if the Federal Government requests payment of the tax. Q:Wewport Be h1Ad99keportslad99 prel rpt 27apr07.dw 0 City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) isPreliminary Engineers Report Page 6 Part III Assessment Roll and Method of Assessment Spread WHEREAS, on , 2007 the City Council of the CITY OF NEWPORT BEACH, State of California, did, pursuant to the provisions of the 1913 Act "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code, of the State of California, adopt its Resolution of Intention No. 2007 -. for the installation and construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 99 (hereinafter referred to as the "Assessment District "); and WHEREAS, said Resolution of Intention, as required by law, did direct the Engineer of Work to make and file a "Report", consisting of the following as required by Section 10204 of the Act: a. Plans b. Specifications c. Cost Estimates d, Assessment Diagram showing the Assessment District and the subdivisions of land therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels within the boundaries of the Assessment District; • f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted. NOW, THEREFORE, I, Joan E. Cox, the authorized representative of HARRIS & ASSOCIATES, pursuant to Article XIIID of the California Constitution and the "Municipal Improvement Act of 1913 ", do hereby submit the following: Cl Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto and incorporated herein. 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. Q:We1TGrt Beach1Ad99Vep0ns1ad99 pre] rpt 27apt07.d0c City of Newport Beach April 27,2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 7 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915 "), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, THIRTY -NINE (39) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913 ", and by further direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q:1Newport Beach1Ad991reportsXad99 prel rpr 27apr07.da 0 As Preliminarily As Approved Confirmed Estimated Cost of Construction: $5,598,550 Estimated Incidental Expenses: $357,450 Estimated Financial Costs: $914,000 Estimated Federal Tax & Financing Costs: $2,310,000 Estimated Total to Assessment: $9,180,000 For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q:1Newport Beach1Ad991reportsXad99 prel rpr 27apr07.da 0 i 11 LJ i City of Newport Beach DRAFT April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineer's Report Page & Table 1 Assessment Roll Preliminary Preliminary Final Final Assessors Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation list list & 2nd mation list list & 2nd to Lien within this Assessment District sold in the last four years. " City/State owned property will be pre-paid prior to bond sale, therefore, value toJien ratio is not applicable Q:Wewport l3=h1Ad99trePOrWad99 pre] rpt 27apr07.dac City of Newport Beach DRAFT April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 9 Preliminary Preliminary Final Final Assessor's Total District For- Total Asmt Dist For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st 8 2nd mation (1st (1st & 2nd to Lien within this Assessment District sold in the last four years. y Q:1Newpon B=h1Ad99\repo \ad99 pre] rpt 27aprll7.doc 40 City of Newport Beach DRAFT April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard AOey) • Preliminary Engineers Report Page 10 Preliminary Preliminary Final Final Assessor's Total District For- Total Asmt Dist For- Total Asmt Value Asmt Parcel True Existing mation list fist 82nd matL,n hlst n.t x Ind .., r I— • CJ within this Assessment District sold in the last four years, Q:VJewport Beach1Ad991rcporta\ad99 prel rpt 27aprO7.doc City of Newport Beach DRAFT April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) preliminary Engineer's Report Page 11 Preliminary Preliminary Final Final Assessor's Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel Two Existing motion list (1 st 82nd mation(ist (ist&2nd to Lien The Total True Value for this property has been calculated using the average assessed land value of properties wMIn this Assessment District sold in the last four years. Q.Wewpon Beach',Ad994epo,tt1ad99 prel rpt 27apro7.dm 0 City of Newport Beach DRAFT April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) • Preliminary Engineers Report Page 12 Preliminary Preliminary Final Final Assessor's Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation (1st 11 st 8 2nd mation net nit x. 2nd n, r :,... • • " The Total True Value for this property has been calculated using the average assessed land value of properties within this Assessment District sold in the last four years. — City/State-owned property will be pre-paid prior to bond sale, therefore, value to lien ratio is not applicable Q:W ewport f3nchUd99Veportdad99 prel rpt 27aprO7.dm City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 13 Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $9,180,000 B. UNPAID SPECIAL ASSESSMENTS $0. TOTAL A & B $9,180,000 C, TRUE VALUE OF PARCELS $205,807,952 ** AVERAGE VALUE TO LIEN RATIO 22 :1 Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. CERTIFICATION I, the undersigned Assessment Engineer, do hereby certify that (i) the total amount of the principal, sum of the special assessments proposed to be levied, together with the principal amount of previously levied special assessments, as set forth above, do not exceed one -half (1/2) the total true value of the parcels proposed to be assessed, and (ii) the amount proposed to be assessed upon any parcel does not exceed one -half of the true value of the parcel. EXECUTED on April 27, 2007. HARRIS & ASSOCIATES JOAN E.COX, P.E. R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q \Newport BeachXAd99trep0rts1ad99 prd rpt 27aprO7.dm • City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard My) • Preliminary Engineers Report Page 14 Exhibit 1 Method and Formula of Assessment Spread Since the improvements are to be funded by the levying of assessments, the "Municipal Improvement Act of 1913" and Article XIIID of the State Constitution require that assessments must be based, on the special benefit that the properties receive from the works of improvement. In addition, Section 4 of Article XIIID of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also provides that parcels within a district that are owned or used by any public agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts, and determining the correct apportionment of the assessment . obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District. • Based upon an analysis of the special benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportionment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits received by each parcel within the Assessment District. Ballot tabulation will be done at that time and, if a majority of the ballots weighted by assessment amount are not in opposition to the Assessment District, the City Council may form the Assessment District. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. SPECIAL 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 streets within the District. These facilities are the direct source of service to the properties within the Assessment District. Q:Wewport BmhWd99WepomAad99 prd (pt 27apte7.dm City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineers Report Page 15 The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities will provide a special benefit to the parcels who will be served by the new distribution facilities as a result of enhanced service, reliability and capacity, as well as improved safety. Removal of the existing wood poles and the overhead wires will also aesthetically enhance all parcels that are directly adjacent to these facilities. In this Assessment District, 100% of the cost allocation for the improvements is special benefit to the parcels within the Assessment District and there is no general benefit. By virtue of such special benefits, the proposed improvements will provide a higher level of service, increase the desirability of the properties and will specifically enhance the values of the properties within the Assessment District. Therefore, the proposed improvements are of direct and special benefit to these properties. All general benefits, if any, to the surrounding community and public in general from undergrounding of these local overhead utilities are intangible and are not quantifiable. METHODOLOGY To establish the benefit to the individual parcels within the Assessment District, a Benefit Point system is used. Each parcel of land is assigned Benefit Points in proportion to the estimated special benefit the parcel receives relative to the other parcels within the Assessment District from the Utility Undergrounding Improvements. The highest and best use of each property is the basis on . which the Benefit Points are assigned. For example, a -vacant property is considered developed to its highest potential and connected to the system. The more a property is developed, the more it benefits from the proposed improvements. In a purely residential Assessment District, properties are often assessed based on the number of dwelling units that can be constructed on them. Because the properties in this Assessment District are of mixed - use, this methodology could not be used. Most of properties within this Assessment District are zoned for either residential or mixed -use commercial, and many are built out to cover virtually the entire property with buildings — basically having almost full utilization of the property. 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, in acres, is used as the base unit for measuring benefit. The area of a condominium is calculated by taking the area of the base parcel and dividing by the number of condominiums. The special benefits from undergrounding the overhead utilities are segregated into three (3) categories, which are discussed below. These benefits are assigned Benefit Factors, which are multiplied by the parcel size, in acres, to calculate the Benefit Points for each parcel. The benefit formula is as follows: Parcel Area Aesthetics Safety Reliability Total x Benefit + Benefit + Benefit = Benefit (acres) Factor Factor Factor Points .' Q:Wewport BeachiAd991repons\ad99 pre] rpt 273pi07.doc City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) • Preliminary Engineer's Report Page 16 • Improved Property Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. The aesthetic benefit of removing poles and overhead lines along streets adjacent to properties is the increase in property desirability from the construction of the improvements. Parcels that are adjacent to streets with facilities being undergrounded are considered to receive an improved property aesthetics benefit from the undergrounding project. For the purposes of this report, "street' is defined as either a street or an alley. Ocean Front is not considered to be a street, as it is a pedestrian walkway along the beach with no public vehicular access. The Aesthetic Benefit Factor (ABF) for a parcel is calculated by dividing the number of streets adjacent to the parcel with utilities being undergrounded by the total number of streets adjacent to the parcel. For example, if a parcel is adjacent to two streets but only one street frontage has overhead utilities being undergrounded, then its ABF is calculated as 1 _ 2 = 0.5. Parcels that are not adjacent to any street that is part of the undergrounding project are deemed to receive no aesthetic benefit and are assigned an ABF of 0. (This applies to Asmt Nos. 9 -13, 22, 32,45,66-70, 142, 143, 144, 145, 161, 189, and 203.) ° If a parcel has a pole directly adjacent to it with no overhead distribution wires along the street frontage adjacent to the property (meaning that the pole is the last pole to be removed and that pole is at the corner of the property), this parcel is considered to receive half the benefit for that street. For example, if a parcel is adjacent to two streets and has the last pole to be undergrounded at its property line such that no overhead wires are crossing the property, then . its ABF is calculated as 0.5 - 2 = 0.25. (This applies to Asmt Nos. 3, 31, 50, 51, 70, 82; 202, 213, 223, 228 and 235.) • Improved Safety Benefit Factor. This benefit relates to the improved 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. All parcels that are directly adjacent to facilities being undergrounded are considered to receive an improved safety benefit from the undergrounding project. The Safety Benefit Factor (SBF) for a parcel is calculated by dividing the number of streets and/ or property lines adjacent to the parcel with utilities being undergrounded by the total number of streets adjacent to the parcel. For the purposes of this report, "street' is defined as either a street or an alley. Ocean Front is not considered to be a street, as it is a pedestrian walkway along the beach. For example, if a parcel is adjacent to two streets but only one street has overhead utilities being underground, then its SBF is calculated as 1 = 2 = 0.5. Parcels that are not adjacent to any street that is part of the undergrounding project are deemed to receive no safety benefit and are assigned an SBF of 0. (This applies to Asmt Nos. 45, 67- 70, 142- 145, 161, 189 and 203.) If a parcel has distribution lines and poles being undergrounded adjacent to it that are not in a street (such as along a rear property line), then the SBF is calculated such that the number of streets and property lines'that are being undergrounded are divided by the number of streets. For example, if a parcel is adjacent to one street being undergrounded and has additional QANewport B=hNd994eportatad99 pal =pt 27apr07.dM City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 17 undergrounding at its rear property line, then its SBF is calculated as (1 + 1) — 1 = 2. (This applies to Asmt Nos. 3 — 18, 22 — 42, 60, 61, 66, and 234 — 236.) If a parcel has a pole directly adjacent to it with no overhead distribution wires along the street and/or property line adjacent to it (meaning that the pole is the last pole to be removed and that pole is at the corner of the property), this parcel is considered to receive half the safety benefit for that street frontage or property line. For example, if a parcel is adjacent to two streets and has the last pole to be underground at its property line such that no overhead distribution wires are crossing the property's street frontage or property line, then its SBF is calculated as 0.5 : 2 = 0.25. (This applies to Asmt Nos. 3, 22, 40 — 42, 66, 82, 234 and 235.) • Improved Service Reliability Benefit Factor. 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. All properties that are connected to poles and wires that are to be undergrounded (whether or not the private service connections are overhead or already underground) are considered to receive this service reliability benefit. The Reliability Benefit Factor (RBF) for a parcel is calculated by dividing the number of utilities they receive service from by 3 (the total number of utilities being underground). For example, if a parcel is receiving only electrical service from the facilities being underground, then its RBF is calculated as I + 3 = 0.33. Parcels that take no service from the distribution wires or poles being undergrounded (such as parcels that are connected to a distribution system already undergrounded or to a system that is remaining overhead) receive no service reliability benefits and are therefore assigned an RBF of 0. (This applies to Asmt Nos. 2, 9, and 47 — 51.) Exceptions There are some parcels whose benefit do not fit the above methodology, and these are explained below. 1. Asmt No. 245, Newport Elementary School. a) This property is 2.165 acres. However, elementary schools usually have relatively small areas of office -type uses, similar to commercial office uses, and the rest of the property is devoted to more open classroom -type areas. It is estimated that approximately 20% of the property is truly utilized for the purposes of apportioning benefit. Therefore, this parcel is considered to be only about 20% utilized and is considered to receive only 20% of the benefit of other properties that are, or can be, utilized to the fullest capacity of the property. Therefore, this parcel's benefit is calculated based on 20% of the total area of the property, or at 0.434 acres. b) Because improved aesthetics does not impact the desirability of a school property, this property is deemed to receive no aesthetic benefit from the undergrounding project. Therefore, this property is assigned an ABF of 0. Q \Newport Be MM99keportslad99 prel rpt 27apre7.dm City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) • Preliminary Engineers Report Page 18 c) Because this property has one pole adjacent to it, and that pole is the last pole down and the existing overhead wires are not adjacent to the school, this property is considered to receive half the safety benefit for that street frontage. Because this parcel has three streets adjacent to it, its SBF is calculated as 0.5 : 3 = 0.17 d) This property will receive telephone and cable service from the undergrounding project. However, this property also receives these services from facilities on 13th Street from poles and wires that are not being underground. Therefore, this property is considered to receive only half the benefit for service reliability as it is only receiving half its service from facilities being underground, and its RBF is calculated as (2 : 3) x 0.5 =.33 2. Asmt No. 43, City property located at 19th Street and Newport Channel. This property consists primarily of public access ways and recreational beach areas which do not benefit from utility undergrounding. However, a portion of this property is adjacent to 19'h Street and has a small building and parking area associated with it. This portion is approximately 4,800 square feet in size (0.110 acres), it receives service from the utilities being underground and it'is directly adjacent to a roadway being underground. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 0.110 acres. 3. Asmt No. 229, State property located south of Ocean Front at 15'h Street. This property consists primarily of recreational beach areas that do not benefit from utility undergrounding. This property is not adjacent to the facilities being underground, so it's ABF • and SBF are 0; however, a portion of this property, the restroom facility, is served by the electrical utility being underground. This restroom facility is approximately 2,000 square feet in size (0.05 acres); therefore, the Service Reliability benefit for this property is calculated based on the portion of the property receiving benefit, which is 0.046 acres. 4. Asmt No. 230, Church property at 1441 W Balboa Blvd. This property, which is Our Lady of Mt. Carmel Catholic Church, is zoned for "Private Institution" and as such utilizes only about half of the parcel for developed church buildings, with the other half being used exclusively for parking. Therefore, this parcel is only about 50% utilized and is.considered to receive only 50% of the benefit of other properties that are, or can be, utilized to the fullest capacity of the property. Therefore, this parcel's benefit is calculated based on half the total area of the property, or at 0.365 acres. 5. Asmt No. 62, 2010 W. Ocean Front. Approximately half of this property serves as a private alley for ingress /egress purposes serving itself and two other properties; therefore, this property's benefit is calculated based on half the total area of the property, or 0.044 acres. Because the "alley" portion of this property fronts on the street being undergrounded, Asmt No. 62 is not considered to receive aesthetic benefit nor any safety benefit. 6. City-owned alley parcel. Assessor's Parcel Number (APN) 047 - 171 -21 is a part of a public alley, providing access to the alley between 20th Street and 19'h Street. This property, as part of the alley and with no potential • Q:\Ncwport BeacKAd991reports1ad99 prel rpt 27aprn7.doc City of Newport Beach Aprg 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) preliminary Engineers Report Page 19 for development, receives no special benefit from the proposed improvements and is considered exempt from assessment. 7. Parcels "Not A Part" of the Assessment District. Properties located at 202 21" Street, 204 2151 Street and 206 21s' Street (APN's 047-162-11, 24 and 25) and 1600 West Ocean Front (APN 047- 202 -16) are not a part of this assessment district due to previous utility undergrounding activities. These properties do not receive any benefits from this currently proposed undergrounding project and, therefore, have been excluded from the boundaries of the Assessment District. ASSESSMENT APPORTIONMENT Each parcel will be apportioned its fair share of the construction costs based on the Benefit Points assigned to it. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. The Total Assessment in this Assessment District has two components. The first component, and issuance of the first series of bonds, is for the District Formation Assessment to underground the utilities. The second component is the Income Tax Component of Contribution (ITCC) and is assessed to cover any tax liability incurred by Southern California Edison as a result of an Internal Revenue Service determination that the utility conversion is a taxable event. If in the future, Southern California Edison is taxed, a second series of bonds will be issued. The Federal ITCC is •} predicated on the issuance of a second series of bonds not being issued immediately for investor - owned utility tax liabilities. The ITCC costs are apportioned based on Electrical Benefit Units. The total assessment lien on each parcel will be the estimated Total Assessment for District Formation plus the ITCC. The individual assessment calculations are provided in the Appendix. For particulars to the Assessment Roll, reference is made to Table I in Part III of this report. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. DATED: April 27, 2007 HARRIS & ASSOCIATES ROfESsroNq JOAN COX, P.E. E. �o +�� R.C.E. No. 4I965 m ASSESSMENT ENGINEER N0. 41965 A CITY OF NEWPORT BEACH SP. 3/31/08 /, COUNTY OF ORANGE, c VR OF r X l STATE OF CALIFORNIA 0 .. Q \Nmpon BeachVad99\reports%ad99 prel rpl 27ap107.doc City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) . Preliminary Engineer's Report Page 20 I, as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the ` day of . 2007. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF NEWPORT BEACH, CALIFORNIA, on the day of 2007. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA- • I, ' as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of .2007. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 1, - 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 . 2007. Q'.Wtv"%A 9eacnwO%MPMU\W99 PM ro 21apg07AM SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 21 Part IV Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code and shall not exceed fifty dollars ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. Q:W ewpon B=h4Wd99keportstad99 prel rpt 27apr07Am City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) • Preliminary Engineer's Report Page 22 Part V Boundary Map and Diagram of Assessment A reduced copy of the Boundary Map and Assessment Diagram are attached hereto. Full -sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the City Clerk, of the City of Newport Beach. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Part III Table 1. The Assessor's Parcel Number is also shown for each parcel as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel of land. • • WNewport 1eachWd991repor&ad99 pfd ryt 27api0 Am 4 q� S- d v v N J a a d R Me A a PROPOSED BOUNDARIES Of ASSESSMENT DISTRICT No. 99 &'i (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA SHEET 4 SHEET 3 ra CltblllilY;AV101AWCS••wY • rt4:M [• /IIIC' -. 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MR I[4 !IK 4 MI.+RS leq [ »1m wR O�w p65 � 01 4 V C n L =4 3 °1af° 6 oc 2* w u S M Z D N A F p F O H O F 2 O B d C A d a D N a � V N � O N O f0 V 0 A gLr 3 0 m 5 8 R a 0 R e4� eo - 4 Mq TCNCINf Sff'SHPP ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEk ORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Qr� Assessor's Mop Book 0471 1 ti Tf3�n.. ®® f ®' 1Bt �,. R ] H ® O z LEGEND RSuSIOB's Palm ONE --- LOT UNE s5fi'W Fx11 N5.O! BWNwl '— CENIEFUNE (`11, RSSESSUS 'A" SEE"ON `:1) AWWOWS Pam NUMBER MLs rG .F RFMOSLII a PMES ro E.UN -' MREB TO BE REMOKD RSSESEYENT NUMBER N.A.P. NOT R Par O< RsssssxENT msmicT CPAPNIL SLICE C n c R� Etl C � � o a� ON N 3 O 2 0 m EL 0 D G N EL a pv y ��S N O �. A ffi s s G� v ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA MAT�y�'ye see sy Assessor's Mop Book 047 GRAPHIC SCALE A Svsiw'B Pmem LNE I LE -- cEx IFROxf ASSB$SOR'S PARE WZC M p MSEi.'s Pmm Nu.." . PRfs M BE REY I Poles TO Rry MISS . BE mom ❑T M$E$S T NUMBER N.A.P. Nw . Pus or 4SESER ENT Psac. I C n m� a 2 C 1O I n'� W as I N v 3. 0 W W O 6 a m Na NpV O V .O S 9 a_ N J 9 a 6 R Y. H w w w V) w Z J S FV Q ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY: OF ORANGE STATE OF CALIFORNIA 'Ass assor's moo Book 0471 CRAPNIL SCALE �v •fPll LEGEND — AOtESSOR'S PMm LINE - -••- LOT UNE _.._ SEEbMLVr NS..T ScSWWy —'— CENTCRUK 4 SIOR's P1 wenON C; ASSESSORS PARCEL NU46W • PIXLS r0 Or RE.OK O Pd£S m W.I. WES TO Or REUOKO ASSESSNrNT Npu OER N.A.P. NOT A PMT W ASSESSMENT WRICr m ra 9: a � o as N 3 0 o. Cs Z O RO m 'c 0 d O C A d C N � 4f O N V to s a a a y m a n R C n a� n 0 c� N 3 m v N 5 2 0 m m m o� 0 m C EL D v � V D A CN W O W V ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 - (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Assessor's Map Bcok 047 BALBOA BLVD. W 94�18(d 6, 8 e EI� 0 1 1 8 t2o W s ©x111©0000 �� „1 Q 1 = O©O crFNn W h a, LW.� fn 'f9' ®`Y ®� © ®® Q V • 'EY ©� 0 ® N— +ssfssw's v+RaL uxE '— lOr LILAC Z IT p 1 E L d d } �hh ;' Z F W Z - C[x1C.PUxf - 1— 111 u wws P.EX SEC. +SSESSW'S VA¢CEL NU480 (3 0S) c PEZ5 ,0 Pbux WA TO BE REWOM 'rrte�' = U +SSf554fxr NUMBER N.A.P. Nor + R +Pr a +SWS.EN' MIA cl x ofra GRAPHIC SCAIE r mw.4: •.n as Ix wx¢ r. ,r�....m d . Srovro, wm C n a� n 0 c� N 3 m v N 5 2 0 m m m o� 0 m C EL D v � V D A CN W O W V • 00 0 • a 0 a z 1A owi 2 Z P 0 O m 52 C4 ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No: 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Assessor's Mop Book 0471 13ALBOA BLVD. .. . ...... . ....... W :...........___......._i mow$ Pw VNE Lu W... 212 1 . ....... . . . ....... 06) s 14 2) U, U0 ......... . ME, SONWRT z ............ yy 4 a �NE ASSo�w$ PAM SECZN L) < ----- ------ .7 • To K �Dw 10 Rl�H CE) WnS TO BE RE" D 31 ASSEMINT xU.00 P•RT c, •SSE Pw, Ns.c: GRAPHIC SCALE a 0 a z 1A owi 2 Z P 0 O m 52 C4 City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineers Report Page 35 Part A Description of Facilities Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be installed, or improved under the provisions of the Act, including the acquisition of required right -of -way and/or property. For the general location of the improvements to be constructed referenced is hereby made to the Plans and Specifications described in Part I of this report. The following improvements are proposed to be constructed and installed in the general location referred to as Assessment District No. 99. 1. Removal of existing power and telephone poles. 2. Removal of overhead resident service drops. 3. Construction of mainline underground power and telephone conduit, with appurtenant manholes and pullboxes. 4. Construction of service conduit and appurtenances. The improvements will be designed by the Southern Califomia Edison Company, AT&T and Adelphia Cable. The City of Newport Beach will inspect the work to ensure conformance to City standards and specifications where applicable. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company, AT &T, and Adelphia Cable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work done by the Assessment District. The estimated time for completion of the undergrounding of the utilities is 12 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 300 days of the completion of the underground facilities. Failure to convert individual service connections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 of the Municipal Code. Overhead facilities cannot be removed until all overhead service has been discontinued. 0 Q:Wewport Beach'AdMep"NA99 prel rpt 27aPm7.dw • • • City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineers Report Page 36 Right -of -Way Certificate STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. That at all time herein mentioned, the undersigned was, and now is, the authorized representative of the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of Article XBID of the California Constitution, and the "Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 99 (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: It is acknowledged that the proposed Works of Improvement must be located within public rights -of- way, land, or easements owned by or licensed to the CITY OF NEWPORT BEACH, County of Orange, State of California, at the time of the construction of the Works of Improvement, and the undersigned hereby further certifies that all rights -of -way necessary for the Works of Improvements will be obtained and in possession of the City, County, or State prior to construction by the CITY OF NEWPORT BEACH. EXECUTED this day of California. Q:Wcwpmt BeachVad991reportstad99 prel tpt 27apr07.doc 2007, at CITY OF NEWPORT BEACH, SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California Stephen Badum, PE City of Newport Beach April 27, 2007 Underground Utility Assessment District No. 99 (Balboa Boulevard Alley) Preliminary Engineers Report Page 37 • Certificate of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of perjury, CERTIFIES as follows: That I am the person who authorized to prepare and process all environmental documentation as needed as it relates to the formation of the special Assessment District being formed pursuant to the provisions of the "municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, said special Assessment District known and designated as ASSESSMENT DISTRICT NO. 99(hereinafter referred to as the "Assessment District"). 2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows: CEQA corripliance review: The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstructions). 3. I do hereby certify that all environmental evaluation proceedings necessary for the formation of • the Assessment District have been completed to my satisfaction, and that no further environmental proceedings are necessary. EXECUTED this day of 2007, at CITY OF NEWPORT BEACH, California. By: Stephen Badum, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA 0 Q:Wewport aeachWd"Veports\sd" qel ro 27aptO7.doc 0 or Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report Assessment Calculations 0 April 27, 2007 Appendix Page 1 Q \Newport Beach\AdMepons1ad99 prel rpt 27apr07.doc Assessor's Asmt Streets Streets Prop.Lines UBIHy Aestheacs Safety Reliability Total Benent Total Incidental Financial DlstrictFcr- Asmt Parcel Lot Fronting to be to be Connect- Benefit + Benefit + Benefit = Benefit Pointe Construction Expenses Costs maeon (1st No. Number Acres Parcel Undargendl Unde end tions Factor Factor Factor Factor per Parcel Costs Bond Issue) 1 _047- 164 -01 0.31 2 1 __ 0 0:50 + 0.50 +' 0.67 - 1.67 0.524 573.752.17 ,708.85 12,040. 3 $90,501.55 2 047- 163 -13 0.308 3 _ 1 _ _ 0_ 0 0.33 + 0.33 + 0.00 = 0.66 0.204 $28.712.68 $1.833.22 $4,687.53 $35.233.43 3 047- 162 -18 0.224 1 0.5 0 _3050 + 0.50 _+100 = 2.00 0.448 $63.055.29 $4 025.88 .____ -.... $10 284.19 __.__._._.. $77.375.36 4 047- 162 -17 0.703 1 1 1 3 1.00 + 2.00 + 1'.00 = 4.00 0.412 $57.988.35 $3,702.38 $9,466,98 $71,157.71 5 047- 162 -16 0.052 _ 1 1 _ 1 _ 3 1.00 + 2.00 + 1.00 = 4.00 0208 $29.275.67 $1,869.18 $4.779.45 $35,924.28 6 047. 182 -15 0.052 1 1..... 1 3 1.00 + 2.00 + 1.00 = 4.00 0.208 � $29.275.67 $1.868.16 $4,779,45 $35,92428 7 047 - 162.14 0.054 1 ____ i _ 1 3 1.00 + 2.00 + 1.00 • 4.00 0216 $30.401.66 $1.941.05 $4,98327 $37.305.98 8 047 - 162 -23 0.153 1 1 T-3 1.00 _ + 2.00 + 1,00 = 4.00 0.612 $86.138.03 $ 54199 .65_$14.082.80,__$105_700.28 9 047 - 182 -20 0.052 1 0 1 0 0.00 + .00. + 0.00 1.00 0.052 $7.318.92 $167,29 $1.194.86 $8.981.07 10 832 - 70-051 0.071 1 0 1 3 0.00 + 1,00 . + 1.00 = 2.00 0.142 $19'.98626 $1.276.06 $36262689 $246525623__ 11 932 -70 -052 0.071 1 0 _ 1 3 0600 + 1.00 + 1600 v 2600 0.142 $19,986626 $1276606 $3.262.89 $246525623 12 932 -70-053 0.071 1 0 1 3 0.00 + 1.00 + 1600 = 2600 0.142 $19,986628 $1276.06 $36282689 $246525623_ 13 932 -70-054 06071 1 0 1 3 0.00 + 1.00 + 1600 = 2.00 06142 $19,966628 $1,276.06 $3.262689 $246525623 14 047 - 162.22 06052 1 1 1 3 1600 + . 2.00 + 1600 = ..4.00 06208 $29,275.67 $1,869.16 $46778645 $35,924.28 15 047- 162 -21 06052 1 1 1 3 1.00 + 2600 + 1600 - 4600 06208 $296275667 51.869.16 $46779.45 $35,924.28_ 16 047 -162 -03 06103 1 1 1 3 1.00 + 2600 + 1600 a 4600 06412 $57,988.35 $1702638 $9,466698 _ $71,157,71 17 047- 162.04 0.103 _ 1 _ _ 1 __ 1 3 1600 + 240 + 1600 = 4600 06412 $57,988635 $36702638 $9,466698 571,157.71 -_' 16 047 - 162 -05 0.052 1 1 1 3 _ 1,00 + 2600 + 1600 4600 06208 $286276.87 $16869.16 $4,778645 $35,92428 19 047- 162 -06 0.052 1 1 0 3 7.00 + 1600 '+ 1600 3.00 - 06156 $21956.75 $1.401'.87 $3,584658 $26,943.20 .20 .047- 162 -07 0.052 _ 1 _ 1 _ _ 0 _ 3 .1600 + 1600 + 1600 = 3:00 06156 $216956.75 $16401.87 $3,584658 $26.943620 21 047 - 162 -26 06253 2 j 0 _ 3 0.50 + 0650 + 1.00 = 2,00 06506 $71,218.70 $4,547.09 $116626.92 $876392.71 _ 22 047 - 161 -19 06100 _ 1___ ___0 __ 3 0600 + 0650 + 1600 = 1.50 06150 $216112628 $16347685 $3.448.72 $25.906.93 23 047 - 161 -18 0,050 1 1 __0.5 1 3 1.00 + 2.00 + _100- 4.00 06200 $286149668--$-l.7-87-T7 $4.595.62 $346542657 _ 24 047 - 161 -15 0,050 1 _ 1 __ 1 3 _1600. 2.00 + 1.00 = 4.00 0.200 $286149668 $1.797627 $46595.62 25 047 - 161 -21 0.060 1 1 1 3 1.00 + 2.00 + 1.00 = 4.00 0.240 $33,778.62 $2,156.72 $5.514.74 __;34,542.57 $41.451'.06 26 047 - 161 -20 06060 1 1 1 3 1600 + 2600 + 1600 = 4600 0.240 $33,779.62 $2,156672. $56514674 _ $416451.08 27 047 - 161 -14 06080 1 1 1 3 1.00 + 2600 + 1600 v 4.00 0.240 $33,779662 $2,156.72 $5,514674 $41,451608 28 047- 161-35 0.048 1 1 1 3 1.00 + 2.00 + 1.00 s 4600 06192 $27,023.70 $16725.38 $4,411680 $33,160668 29 047- 161 -38 0.051 1 1 1 3 1.00 + 2.00- + 1600 = 4600 06204 $286712.68 $1,833,22 $4,667653 $35,233A3 30 047 - 161 -26 0.082 1 i 1 3 1600 + 2600 + 1.00 = 4600 06328 ;486165.48 $26947652 $7,538.82 $56,649.82 31 047 - 161 -22 0.239 2 0.5 065 1 0625 + 0650 + 0633 = 1608 0.258 $38,313,09 $26318648 55,828.35 $44,559.92 32 047 - 161 -24 0.090 1 0 1 3 0.00 + 1.00 + 1.00 = 2.00 0.180 $25,334.72 $1,817.54 34,136.06 $31,08$.32 33 047 - 161 -23 0.064 1 1 1 3 9.00 + 2:00 + 1600 s 4600 06258 $36,031660 $2,300.51 $5,882639 $44.214.50 34 047- 161 -26 0.063 1 1 1 3 1600 + 2600 + 1.00 s 4.00 0.252 $35,468.60 $26284656 $5,790.48 ;43.523664 35 047- 161 -27 0.062 1 1 1 3 1600 + 2600 + 1,00 = .4600 06248 $346905661 $2228.61 $5,696657 $426832678 36 047 - 181 -02 0.046 1 1 1 3 1.00 + 2.00 + 1,00 - 4.00 06184 $25.897671 $16653649 $4,227.87 37 047 - 161 -03 0.046 1 1 1 3 1600 + 2.00 + 1.00 4.00 0.184 $25,897.71 $1,653.48 $4.227.97 .$31.779.17 $31,779.17 38 932 -70-024 0.058 1 1 1 3 1.00 + 2,00 + 1.00 = 4.00 06232 $32.653.83 $2,064,83 $5 330.82 $40,069.38 38 832 -70-025 0.058 1 1 1 3 1600 + 2.00 .a 1.00 = 4.00 0.232 $32853.63 $2,084.83 $5,330.92 $406069638 40 932 -70 -031 0.048 1 1 0.5 3 1.00 + 1.50 + 1.00 = 3.50 0.168 423,645.73 $1,509.71 $3,860632 $296015.76 41 932 -70 -032 06048 1 1 0.5 3 1,00 + 1,50 + 1.00 = 3.50 0.168 $23,646.73 $1,509.71 $3,860632 $29,015.76 42 832 -70 -033 0.048 1 1 0.5 3 1600 + 1.50 + 1600 = 3.50 0.168 $236645.73 $1,509.71 $3.860.32 $29,015.76 43 047 - 181.01 06110 1 1 0 2 1.00 + 1.00 + 0667 - 2,67 0.294 $41,380.04 $2,641.99 _ x,755.56 _ $50,777.59 44 _047- 181 -02 06057 1 _ 1 0 3 1600 + 1.00 + 1600 = 3.00 0.171 $24067.98 $_1,536.67 $29,533.91 45 047 - 187 -03 0.057 1 0 0 3 0.00 + 0.00 + 1600 = 1600 0.057 $8,022.66 $512.22 _$3,829626 $1,309.75 $9,844.63 46 047. 181 -04 0.057 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.171 $24,067.96 $1,538.67 $3,929.26 $29,533.91 Q \Newport Beach\AdMepons1ad99 prel rpt 27apr07.doc City of Newport Beach Underground. Willy Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report Assessment Calculations April 27, 2007 Appendix Page 2 Asmt No. Assessors Asmt Parcel Lot Number Acres Streets Fronting Parcel Street$ to be Undergend I Prop. Lines to be Unde end Utility Connect- dons Aesthetics Benefit Factor Safety + Benefit Factor Reliability + Benefit Factor Total • Benefit Factor Benefit Points per Parcel Total Incidental Construction Expenses Costs Financial Costs District For - mation (1st Bond Issue) 47 93MS -0 2 0,024 2 0 0 0.50 + 0.50 + 0.00 = 1.00 0.024 7;777,96 215.67 _ $551.47 __ 4,.14 .10_ 48 979.85 -053 0.024 2 _t _ 1 0 0 0.50 + 0.50 + 0100 1.00 0.024 $7.777.96 $215.67 $651.47 _ $4,145.10_ 49 979.86054 0.024 2 _ 1 0 0 0.50 + 0.50 + . 0.00 1.00 0.024 $3,777;96 $215.67 $554.47 $4,145.10 50 979.86057 0.075 2 0.5 0 0 0.25 + 0.25 + 0.00 = 0.50 0.018 $2 577.47 $181.75 $417.81 $3,108.87. 51 .979. 85.058 0.075 2 0.5 0 . 0 0.25 + 025 + 0.00 = 0.50 0.018 52,577.47 $161.75 $417.61 $3,108.83 52 047 - 152 -14 0.170 3 1 0 2 0.33 + 0.33 + 0.67 1.33 0.226 ' $71,808.14 $2.070:91 $5,197.05 $79,077.10 57. 047- 152 -07 0.100 2 1 0 2 0.50. + 0.50 + 0.67 1.67 0.787 $27,504.89 $1,500.72 $7877.34 $28.847.05 54 047. 152.04 0.050 2 1 _ 0 2 0.50 + 0,50 + 0.67 - 1.87 0.084 $11,822.87 3754.85 $1,970, i6 $14,507,88 55 047. 152.05 0,050 2 1 0 2 0.50. + 0.50 + 0.67 1.67 0.084 $11,822.87 $754.85 $1.970.16 $14,507.88 56 047 - 152.06 0.080 3 0 7 0.33 + 0.33 + 1.00 = 1.66 0,177 $18,719.54 $1,195.18 056,08 $22,970.81 _ 57 047. 162.15 0.180 3 _1 _ 2 0 7 0.67 + 0.67 + 1.00 - 2.74 OA21 $59,256.09 $7,787.25 $9 ,677:78 $72.712.1 2 58 047. 152.12 0.074 .2 2 0 7 1.00 + 1.00 + 1.00 = 7.00 . 0.102 $14,756.34 $916.61 _52,747.77 $17,816.72 59 047. 152 -08 0.052 2 2 0 7 1.00 + 1.00 + 1.00 = 7.00 0.156 $219_, 56.75 $1401.87 _ 17.584,58 $26.947.20 _ 60 047 - 152 -07 0,060 J 2 0 7 0.67 + 0.67 + 1.00 = 2.34 0.140 $19,704.78 51,258.09 47.216.97 $24.179.80 61 047. 153-12 0.250 2 1 1 7 0.50 + 1.00 + 1.00 • 2.50 0.625 $87,967.76 $5,816.47' $14.761.71 $107.945.54 62 047. 153-26 0.044 0 _ 0 0 7 0.00 + 0.00 + 1.00 = 1.00 0.044 $6,192,97 $795.40 $1011.04__ _ $7,599_77_ 67 . 047 - 153-27 0.056 1 1 0 7 1.00 + 1.00 + 1.00 - = 7.00 0.168 $27,645.77 $1,509.71 $7.880.72 $29,015.76 _ 44 047. 153-28 0.056 _ 1 _ 1 0 7 1,00 + 1.00 + 1.00 - 7.00 0.168 $27,645.77 $1,509.71 $7.860.72 $29,015.76 65 . 047. 153-21 0.100 2 2 0 7 1.00 + 1.00 + 1.00 = 7.00 0.700 $42,224.57 $2695.90 $6,897.47 $51,817.86 66 047. 153-25 0.048 0 0 0,5 J 0.00 + 0.00 + 1.00 1.00 0.049 $6896.67 $440.77 $1,125.97 $8,462.97_ 67 047- 153-24 0.049 0 0 0 7 0.00 +. 0.00 + 1.00 = 1.00 0.049 56,896.87 $440.77 $1,125.97 $8,462.97 68 047. 153-20 0.049 0 0 0 J 0.00 + 0.00 + 1.00 = 1.00 O.D49 $6,896,87 $440.77 $1,125.97 _ $8,462_97 _ _ 69 047 - 153-10 0.054 0 0 0 J 0,00 + 0,00 + 1.00 a 1.00 0.054 $7,600.41 $485.26 $1,240.82 $8,726.49 70 047. 153-09 0.040 1 1 0 0 7 1 0.00 + 0.00 + 1.00 = 1.00 0.040 $5,629.94 $758.45 $819.12 S6.908.51__ _ 71 047 -171 -01 0.041 3 1 0 J 1 0.33 + 0.33 + 1.00 - 1.66 0.068 $9,570.89 $611.07 $1,562.51 $11,744.47 72 047. 171.02 0.023 2 1 0 7 0.50 + 0.50 + 1.00 a 2.00 01046 $6,474.47 $417.37 $1.056.99 $7.944.79 73 047.171.07, 0.019 2 1 '0 3 0.50 + 0.50 + 1.00 = 2.00 0.078 $5,348.44 $341.48 $873.17 $6,567.09 74 047. 171.04 0.016 2 1 0 7 0.50 + 0.50 + 1.00 = 2.00 . 0.072 $4,503.05 $287.56 _ $775.70 $5,526.81 _ 75 047. 171.22 0.017 2 1 0 7 0.50 + 0.50 + 1.00 = 2.00 0.026 $7,659.46 $277.65 $597.47 $4,490,54 76 047. 171 -16 0.040 7 2 0 J 0.87 + 0.67 + 1.00 = 2.34 0.094 $17,270.75 $844.72 $2.159.94 '$16,275.01 77 047 - 171.15 0.047 2 2 0 J 1.00 + 1.00 + 1.00 = 7.00 0.129 $18,156.55 $1.159.24 $2,964.15 $22.279.97 78 047 - 171.14 0.047 2 2 0 J 1.00 + 1.00 + 1.00 = 7.00 0.129 $18,156.55 $1,159.24 $2,964.18 $22,279.97 _ 79 047.171.17 0.047 2 2 0 J 1.00 + 1,00 + 1.00 - 7.00 0.129 W.156.55 $1,159.24 $2,964.18 $22,279.97 80 047 - 171.12 0.047 2 2 0 J 1.00 + 1.00 + 1.00 a 3.00 0.129 $18,156.55 $1.159.24 $2,964.16 $22,279.87 81 047. 171.11 0.047 2 2 0 3 1.00' + 1.00 + 1.00 = 7.00 0.129 $18056.55 $1,159.24 $2,964.18 $22279.97 82 047. 171.10 0.047 2 1.5 0 7 0.75 + 0.75 + 1.00 = 2.50 0.108 $15,200.83 $970.57 $2,481.64 _ $18 657.00_ 87 047. 171 -09 0.047 2 1 0 7 0.50 + 0.50 + 1.00 = 2.00 0.086 $12,104.76 $772.87 $1,978.12 __$14,857.71_ 84 047. 171.20 0.055 2 1 0 3 0:50 + 0.50 + 1.00 = 2.00 0.110 $15,482.77 $988.50 $2,527.59 $18,998.42 85 047. 171.19 0.048 2 1 0 7 0.50 + 0.50 + 1.00 - 2.00 0.096 $13.511.85 $862,69 $2,205.90 $16,580.44_ e6 047. 171 -17 0.048 7 _1 0 7 0.77 + 0.77 + 1.00 1.68, 0.080 511.259.87 $718.91 _ $1,676.25 _ $17.61,7;03_ 87 047. 172.25 0.062 _ 3 7 0 7 1 1.00 + 1.00 + 1.00 = 7.00 0.186 $26,179.21 51.671.45 $4,277.97 $72,124.60 88 047. 172-24 0.040 2 2 0 7 1.00. • 1.00 + 1.00 _ .7.00 0.120. $16,889.81 51.078.76 __$2,757.77 $20,725.54_ 89 047. 17242 0.040 _ 2 2 0 3 1.00 + 1.00 + 1.00 = 7.00 0.120 $16.688.8'1 $1.078.78 $2,757.37 820,725,54 90 047.17217243 0.040 2 '2 0 1 1.00 + 1.00 + 1.00 = 7.00 0120 $16889.81 � $1.078_76 $2,757.77 $20,725.54 81 047. 172.04 0.040 2 2 _ 0 7 1.00 _ + 1.00 + 1.00 = 7.00 $18,869.81 $1,078.76 $2,757_77 $20_725.54 92 047.172 0.040 2 _ 2 0 7 1.00 + 1.00 • 1.00 7.00 .0.120 0.120 $16,889.81 51476.76 _ 52.757.77 ��$20.725.54 ` ewport Beach41dMcpon34d99 pre] rpt 27aprO7.doc Oof Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report • AssBBsmant Csleulaflnns 0 April 27, 2007 Appendix Page 3 Q:Wewpart Beach\Ad99Ueports1ad99 pna rpt 27apr07.doc Assessor's Asmt Streets Streets Prop. Lines Utility Aesthetics Safety Reliability Total Benefit Total Incidental Financial District For Asmt Parcel , Lot Fronting to be to be Connect- Benefit + Benefit + Bonofit Benefit Points Construction Expenses Costs matron (1st No. Number Acres Parcel undo r'ntl Undo end bons Factor Factor. Factor Factor Par Parcel Costs Bond Issue( 93 94 7.172.06 047. 172 0.040 2 2 0 3 1.00' + 1.00 + 1.00 3.00 0.120 ,BBB. 1,078.36 -T2=,77 7_ $2Q72 4 95 -07 047. 172 -19 0.040 0.040 0 3 1.00 + 1,00 + 1.00 3.00 0.120 616,888.81 $1076.38 $2,757,37$20,725.54 . 96 047. 172.21 0.040 0 3 1.00 + 1.00 + 1.00 = 3.00 0.120 $1688881 $1'A78.36 $2757.37 $20,725,54 97 047- 172 -20 0.062 0 3 1.00 + 1.00 + 1.00 = 300 0.120 $16,689.81 $1078.36 $2,757.37 $20,725.54 047. 172.18 0.053 0 3 0.67 + 0.67 + 1.00 = 2.34 0.145 $20,408.52 $1.303.02 3,331.82 $25,043.36BB 99 047. 172.17 0.046 0 3 0.50 + 0.50 '+ 1.00 = 2.00 0.106 $14.81933 $952.55 $2435.88 $18307.56 047. 172.28 0.046 M22 0 3 1.00 + 1.00 + 1.00 3.00 0.138 $19,423.28 $1,240.12 $3.170.08 $23,(!34.38100 101 047. 172.29 0 3 1.00 • 1.00 + 1.00 = 3.00 0.136 $1240.12 $3,170.88 $23,834.38 102 047.172.15 .0,048 0.046 0 3 1.00 + 1,00 + 1,00 3.00 0.138 _423.26 $19,42328 $1,240:12 $3,170.98 $23,83438 103 047. 172.14 0.046 3 1.00 + 1:00 + 1.00 - 3.00 0.138 $19,423.28 $1,240.12 $3170.98 $23874.38 104 047.172.23 0.046 3 1.00 + 1.00 + 1.00 = 3.00 0.138 $18423.28 $1.240.12 $3,170.98 $23,834.38 105 047. 172 -22 0.046 3 1.00 + 1.00 + 1.00 3.00 0.138 $19,423.26 $1.240.12 $3.170.98 $23.834.38 106 047. 172.12 0.046 1 0 3 1.00' + 1.00 + 1.00 3.00 0.138 $19,423.28. $1,240.12 53,170.98 $23,834.38 107 047 - 172.26 0.046 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.138 $19,423.26 $1.240.12 $3,170.88 $23.834,38 108 047. 172.27 0.045 1 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.138 $19,423.26 $1,240.12 53170.98 $23,834.38_ 109 047.172.10 0.043 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.135 $iB 001.04 $1,213.16 $3 10204 $23,316,24 110 047.172AB 0.048 2 1 0 3 1.00 • 1.00 + 1.00 - 3.00 0.129 $18,156.55 $115924 _ $2!96Z1 8 $22,279.97 111 047.173 0.087 0 3 0.50 + 0.50 + 1.00 =' 2.00 0.096 $13,511.85 $662.69 $2,205.90 $16.580.44 112 -01 047. 173-34 0.056 3 2 1 0 3 0.33 + 0.33 + 1.00 1.66 0.144 $20.267.77 s1294.03 $3.308,55 $24,870,65 113 047. 173-33 00" 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.116 $18326.62 $1,042.42 92,665.46 $28034.70 114 047. 173.03 0.058 2 1 1 0 3 0.50 + 0:50 + 1.00 = 2.00 0.118 $16,608.31 $1,060.39 $2,711.42 $20,380,12 115 047. 173-04 0.059 2 0 3 0.50 + 0.50 + 1,00 = 2.00 0.116 $16,326.82 $1,042.42 $2665.46 118 047. 173-05 0.059 2 1 1 0 3 0.$0 + 0.50 + 1.00 2.00 0.118 $18 608.31 $1,060;36 _ $2,711.42 _$20,034.70_ $20,380,12 117 047- 173 -32 0.058 2 0 3 0.50 + 0.50 + 1.00 2.00 0.118 $16,608.31 $1,060.39 $2711.42 $20,380,1_2 118 047. 173-31 0.058 2 1 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.116 $18,326.82 $1,042.42 $2,665.46 $20,034.70 119 047. 173-07 0.057 2 i 0 3 '3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16.608.31 $1.06039 $2,711.42. $20,380.12 120 047- 173.24 0.058 2 1 0 0.50 + 0.50 + 1.00 s 2.00 0.114 $16,045.32 $1,024.44 $2 618.50 $19.689.26 121 047. 173-23 0,058 2 1 0 3 0.50 + 0.50 + 1.00 2.00 0.116 518326.82 $1,042,42 $2,665.46 $20,034.70 122 047. 173-09 0.058 2 0 3 0.50 + 0.50 + 1.00 - 2.00 0.116 $16,326.82 $1,042,42 $2665.46 $20.034,70 123 047. 173-10 0.058 2 1 1 0 3 0.50 '+ 0.50 + 1.00 =. 2.00 0.116 $16,326.82 51042.42 42,665.46 $20,034.70 124 047. 173.11 0 3 0.50 '+ 0.50 + 1.00 = 2.00 0.116 $18326.52 $1,042.42 $2,665.46 $20034.70 125 047 - 173.12 0.058 0.118 2 2 1 0 3 0.50 -0.50 + 0.50 + 1.00 = 2.00 0.116 $16328.82 $1,042.42 52865.46 - $2003<.70 128 047. 173-22 0.258 2 1 0 3 + 0.50 + 1.00 - 2.00 0.236 $33 216:83 $2,120.78 $5,422.83 $40.760.24 127 047 - 173-25 0.083 1 2 i 0 3 1.00 + 1'.00 + 1.00 = 3.00 0.774 $108!939.55 $6,955.43 $17,784.81 $133,679.79 128 932.91 -095 0.026 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0248 135 048.38 $2.237,60' $5.721.55 $43 005.51 129 0.026 1 0 3 1.00 + 1;00 + 1.00 = 3.00 0.078 $10,97(1.38 $700.84 $1,792.29 $13,471,61_ 130 932.91 997 932.91 -097 0.028 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.078 $10,978.38 $700.94 $1,762.29 $13,471.61_ 131 047 - 173-20 0.075 1 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.078 $10978,38 $700.94 __ __ $1792.29 513,471.61 132 047. 173-27 0.075 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.225 $31,668.40 $2,021.93 $5170.07 $38,860.40 133 047. 173-28 0.071 1 0 3 1.00 + 1.00 + 1.00 a 3.00 0.225 $31.668.40 $2.021.63 $5,170.07 $38,860.40 134 932.91.101 0.024 1 1 i 0 3' 1.00 + 1,00 + 1.00 = 3.00 0.213 $29,978.41 $1,914.09 _ $4,894.34 _ $36,787.84 135 932. 81. 1 02 0.024 1 0 3 1.00 + 1,00' + 1.00 = 3.00 0.072. $10,133.88 $647.02 $1.654.42 .$12,435,33 136 932.91.103 - 0.024 1 1 0 3 1.00 + 1,00 + 1.00 = 3.00 0.072 $10;133.89 $647.02 $1,654 .42 _ _ $12,435.33' 137 047.173-29 0.069 1___ 1 3 1.00 + 1.00+ 1.00 = 3.00 0.072 $10,133,89 $647.02 $1,664. 42 $12,435.33 - 138 047. 173.17 0.072 _ 1 _ 0 _ _ 3 1:00 + 1.00 + 1:00 = 3.00. - 0.207 $29,134.92 $1,860.17 --- -- _.__.,_. $4,758,47_ $35.751.56 1 0 3 1.00 + 1,00 + 1.00 a 3.00-16.216 $30.401.66 ai.9d1.o5 sn sa1 0� "` e1Ir. Q:Wewpart Beach\Ad99Ueports1ad99 pna rpt 27apr07.doc City of Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report Assessment Calculations April 27, 2007 Appendix Page 4 Asmt No. Assessoes Paroel Number Asmt Lot Acres Streets Fronting Parcel Streets to be Untle Yntl Prop. Lines to be Undararrid Utility Connect. tions Aesthetics Benefit Factor Safety + Benefit Factor Reliability + Benefit Facto Total •Benefit Factor Benefit Points Par Paroel Total Construction Costs Incidental Expenses Financial Costs District For - matron (i at Bond. Issue) 139 047- 173.16 0.071 1 1 0 3 1.00 + 1.00 + 1.DD 3.00 0.213 9, 79.41 $1,914.08 $4.894, 4 36.787.84 140 047- 173.15 0,070 1 1 0 3 1.00 + 1.00 + 1.00 - 3.00 0:210 529 557.17 $1.887.13 $4.825.40 $36.2600 141 D47- 173-13 D.D3D 1 1 D 3 1.DD + 1.DD + 1.DD - 3.DO D.DBD . 12,887.36 $808.77 $2.D58.D3 $15.544.16 142 D47 - 173.14 D.D42 1 D D 3 D.DD + D.OD + 1.DD 1.5D D.D42 55,911:43 $377.43 $965.D8 $7,253.94 143 D47- 2D1 -D1 D.D96 2 D D 3 D.DD + D.DD + 1.DD = 1.DD D.D98 $13,611.85 $862.69 $2.2D5.9D $16.58D.44 144 047- 2D1 -02 D.D37 1 D 1 D 1 3 1 0.00 + 0.00 + 1.00 1.00 D.D37 $5,207.69 $332.49 586D.19 $6.39D.37 145 047- 2D1 -26 D.D66 1 0 D 3 0.00 + 0.00 + 1.00 = 1.00 D.D66 $9.289.40 $593.10 __$1,516.55 $11.399.D5 146 047- 2D1 -25 D.D13 2 1 D 3 0.50 + D.6D + 1.00 - 2.00 D.D26 $3.659.46 $233.65 $597.4,3 54,49D.54 147 047- 201 -24 0.015 1 1 1 0 9 1 1.00 + 1.00 + 1.00 3.00 0.045 $6.333:68 $404.39 $1,034.01 S7,772D8 148 93940.001 0.033 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.086 $9.289.40 $593.10 11,399.08 149 939-90.002 0.033 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.066 59.289.40 $593,10 $1,516.55 $11,399,05 150 D47- 201 -32 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16,608.31 $1.060:39 $2.711.42 _ 520 380.12 " 151 D47- 201 -31 0.059 2 1 0 3 0.50 + 0.50 + 1.00 2.00 0.118 $16,608.31 __ $1.060.39 _ $2.711.42 520,380.tz _ 152 047- 201 -29 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16.608.31 $1.060.39 52.711.42 $20,380.12 153 047 -201-05 0.059 2 1 0 3 0.5Q + 0.50 + 1.00 = 2.00 0.118 $16.608.31 $1.060.39 _$2,711.42 ___$20,380.12 _ 154 939. 80-014 0.029 2 1 0 3 0.50 + 0.50 + 1.00 2.00 0.058 $8.163.41 $521.21 $1.332.73 017 51O .36 155 939 -BD-015 0.029 2 1 0 3 0.50 + 0,50 + 1.00 2.00 0.058 $8.163.41 $521.21. $1.332.73 $10.01735 156 047 - 201 -36 0.059 2 1 0 3 0.50 + 0,50 + 1.00 2.00 0.118 518.608.31 $1.060.38 52.711.42 $20.380.12 157 047 - 201 -37 0.059 2 1 0 3 0.50 + 0.50 + 1.00 2.00 0.118 $18.608.31 $1,060.39 $2.711.42 $20.380.12 158 047 - 201 -08 0.059 2' 1 0 3 0.50 + 0.50 + 1.00 2.00 0.118 516.608.31 $1.080.39 $2.711.42 $20.380.12 159 047 - 201 -09 0.176 3 1 0 3 0.33 + 0.33 + 1.00 - 1.66 0.292 541.098.54 _ $2.624.01 $6.709.61 $50.432.16 160 047 - 201 -23 0.034 2 1 0 3 0.50 + 0.50 + 1.00 - 2.00 0.068 $9.570.89 $611.07 $1.562.51 $11,744.47_ 161 047 - 201 -22 0.048 1 0 0 3 0.00 + 0.00 + 1.00 = 1.00 0.048 $6.755.92 $431.34 $1.102.95 $8.280.21 162 047 - 201 -21 0.071 1 1 0 3 1.00 + 1.00 + 1.00 3.00 0.213 $29,979.41 $1,914.09 _ $4,884.34 $36.787.84 163 047 - 201 -20 0.071 1 1 0 3' 1.00 + 1.00 + 1.00 = 3.00 0.213 $29.979.41 $1,914.09 $4,894.34 $36,787.84 164 939 - 80.020 0.035 _ 1 1 0 3 1.00 + 1.00 + 1.00 - 3.00 0.105 $14.778.58 _ $943.57 $2,412.70 $18,134.85 165 93MO-021 0.035 1 1 0 3 1.00 + 1.00 + 1,00 = 3.00 0.105 514,778.58 $943.57 $2,412.70 $18.134.85 166 047 - 201 -18 0.071 1 1 0 3 1.00 + 1.00 + 1100 3.00 0.213. 528 979.41 $1,914.09 $4.884.34 __ $36.787.84 _ 167 .047- 201 -17 0.071 1 1 0 3 1.00 + 1.00 + 1.00 - 3.00 0.213 529,879.41 $1,914.09 $4.884.34 $36,787.84 168 047 - 201 -16 0.071 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29,979.41 $1,914.09 _ $4.894.34 _ $36.787.84 -- 169 047 - 201 -15 0.071 1 1 _ 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29,979.41 $1,914.09 $4.894.34 f3 6.787.84 170 047 - 201 -14 0.071 1 _ 1 0 3 1.00 1.00_+ 1.00 = 3.00 I 0.213 $29,979.41 $1,914.09 $4_894.34 $36.787.84_ 171 047 - 201 -13 0.071 1 _ 1 _ 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29,979.41 51.914.09 $4.894.34 $38.787.84 172 047 - 201.12 0.071 1 1 0 3 1.00 + 1.00 + 1.00 a 3.00 0.213 528,978.41 $1.914.09 54.884.34 $38,787,84 173 047 - 201 -11 0.071 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29.979.41 $1.914.08 $4,894.34 $36,787.84 174 047 - 201 -10 0.082 2 1 0 .3 0,50 + 0.50 1.00 = 2.00 0.164 $23.082.74 $1 4,i 73.76 ., $3,768.41 528,324.91_ 175 047- 202 -01 0.059 3 _ 1 _ _ 0 3 0.33 + 0.33 _+ + 1.00 c 1.68 0.096 - $13793.35 $880.66 $2,251.85 516,925.86 178 047 -202-02 0.058 -1- 1 _ � 0 3 _ 0.50 + 0.50 + 1.00 = 2.00 0.118 518.608.31 $1.060.39 $2,711.42 $20,360.12 177 047 - 202.30 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16.608.31 $1.060.39 $2,711.42 520,380.12 178 047- 202 -29 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16.608.31 $1.060.39 $2,711.42 $20,390.12_ 179 047 -202 -04 0.059 _ 2 _ 1 _ 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16.608.31 $1.060.39 $2.711.42 $20.380.12 180 047- 202 -05 0.059 2 1 0 3 0.50 +- 0.50 + 1.00 = 2.00. -0.118 516.808.31 $1.060.39 ___ $2,711 A2 _ $20.380.12 181 047 -202 -06 0.059 2 1 '' _ __ 0 3 -. 0.50 + 0.50 + . 1,00 = 2.00 - 0.118 - $16.608:31 $1.080.39 52 711.42 $20.780.12 047 - 202 -07 0.059 2 1 0 1 3 if 0!50 + 0.50 + 1100 = 200.. 0.118 $16.608.31 $1.060.39 $2.711.42 $20.380.12 _ _182 183 047- 202 -08 0.059 2 _ 1 _ 0 3. 0.50 + 0.50 - + 1.00 = 2.00; 0.118 ,, - $16.608.31 516.608.31 $1.060.38 $1.060.39 $2.711.42 $2.711,42 $20.380.12 $20.380.12 184 047- 202 -09 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 wport Beach\Ad99Veports1ad99 prel rpt 27aprO7.doc 0 of Newport Beach Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report Assessment Calculations 0 April 27, 2007 Appendix Page 5 Assesaors Asmt Parcel No. Number 185 047. 202 -10 188 047- 202.11 187 047.202.12 Asmt lot Acres 0.059 0.058 0.058 Streets Fronting Parcel 2 2 ..^ 2 I Streets to be Unde rnd 1 1 __...__ 1 1 Prop. lines to be Undemend 0 0 _._ __ p 0 Utility Connect- bone 3 3 9 -' 3 Aesthetics Benefit I Factor 0.50 0.50 ' °--- 0.50 0.50 + + + + + Safety Benefit Factor 0.60 0.50 - -' 0.50 0.50 Reliability + Benefit s Factor + 1.00 + 1.00 - -" + 1.00 = + 1.00 Total Benefit Factor 2.00 2.00 2.00 2.00 Benefit Points parParcall 0.118 0.118 0.118 0.118 Total Construction Costs 516.608.31 $18.608.31 ------ 578.608.31 *16,608.31 Incidental Expenses $1.060.39 -- '--'-- 57.060.39 57.060.39 $1.060.39 Financial Costa 2y711.42 --- $ 711.42 _._. -, -_.. $2711.42$20,380.12 $2,711.42 - District For- matron (tst Bond Issue) $20_380.12_ '--'--- _ $20.380.12_ $20.380.12 188 047. 202.13 0.059 2 188 047-202-31 0.116 3 0 0 3 0.00 + 0.00 + 7.00 1.00 0.118 $16,608.31 $1,060.39 82,711.42 $20,380.12_ 190 047. 202.28 0.082 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.164 $23.082.74 $1.473.76 $3,7BBA1. _ $28.324.91 181 192 047. 202 -27 047.202.26 0.071 0.071 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29.979.41 $1,914.09 $4,894.34 $36,787.84 193 047-202-25 0.071 1 1 1 0 3 1.00 + 1.00 + 1.00 - 3.00 0.213 $29.979.41 $1,914.09 $4,894.34 536.787.84 194 938 -80.008 0.035 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29,978.41 $1,814.09 $4.894.34 $36.787.84 195 939 - 80.008 0.035 1 1 D 3 1.00 + 1.DD + 1.00 = 3.00 0.105 $14,778.58 -"43.D7$2,412.70 $18,134.85 106 047. 202.23 0.071 1 1 0 3 1.00 + 1,00 + 1.00 = 3.00 0.105 $14,778.58 $943.57 $2.412.70 $18.134.85 197 047. 202.22 0.071 1 1 0 7 1.00 + 1.00 + 7.00 = 3.00 0.213 $29,979.41 $1,914.09 04,884.34 $38,787.84 198 047. 202.21 0.071 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29,979.41 $1,914.09 $41894.34 $36.787.64 199 047 - 202.20 0.071 1 1 0 3 1 .00 + 1.00 + 1.00 = 3.00 0.213 $29,979.41 $1.914.09 54,684.34 536,787,84 200 047. 202.19 6071 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29,879.41 $1.914.09 54,694.34 $35.787.84 201 047. 202.18 0.071 1 1 0 3 1.00 + 1.00 + 7.00 = 3.00 0.213 $29.979.41 $1,914.09 54,894.34 536787.84 202 047.211.01 0.071 _ 1 1 0 3 1.00 + 1.OD + 1.00 0 3.00 0.213 $29.979.41 $1.814.09 $4,884.34 536,787.84__ 203 047.211.01 0.059 0.5 0 3 0.50 + 0.50 + 1.00 = 2.00 0.142 $19.986.28 51,278.06 $3,262.89 $24.525.23 204 047.211.02 0.059 3 0 0 3 0.00 + 0.00 + 1.00 = 1.00 0.059 $8.304.16 $530.19 $1.355.71 $10,190 "06 205 047. 211.03 0.059 2 2 1 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16,608.31 57,060.39 $2711.42 $20,380.12 206 047.211 -04 0.059 2 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 516,608.31 51,060.39 $2,711.42 $20.380.12 207 047. 211.05 0.059 2 1 1 0 3 0.50 + 0.50 -0507 + 1.00 = 2.00 0.118 $16,608.31 $1,060,39 82,711.42_ $20,380.12 209 047. 211 -30 0.059 2 7 0 3 0.50 + 1.00 = 2.00 0.118 $16.608.31 $1 060.39 $2,711.42� 520.380.12 209 047.211.29 0.059 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16.608.37 51.060.39 $2,711.42 $20,360.72 210 047- 211.26 0.094 2 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.118 $16.608.31 $1.060.39 $2,711.42 820,380.12 211 047. 217.27 0.082 2 0 3 0.50 + 0.50 + 1.00 2.00 0.188 $26.460.70 $1,689.43 $4,319.88 $32,470.01 212 047.271.08 0.059 3 1 0 3 0.50 + 0.50 + 1.00 = 2.00 0.164 . $23,082.74 $1.473.76 $3.768.41 $28,324.91 213 047.211.25 O.D82 2 0 3 0.87 + 0.67 + 1.00 2.34 0.138 $18.423.28 $1.240.12 S3 170.98 123.834.38 214 047. 211.24 0.071 2 1 0.5 1 0 3 0.25 + 0.25 + 1.00 1.50 0.123 $17.312.06 $1,105.32 52.828.31 $21,243.69 215 047. 211.23 0.071 1 0 3 1:00 +. 1.00 + 1.00 3.00 0.213 529,979.41 51,914.09 $4.694.34 $36.787.84 216 067.211.22 0.071 1 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29,978.41 $1,814.09 $4.894.34 $38.787.84 217 939.80.010 0.035 1 1 0 ' 3 1.00 + 1.00 + 1.00 = 3.00 0.213 S29;979.41 $1,914.09 $4,a94.34 $36 787.84_ 1 0 3 1.00 + 1.00 + 1.00 = 3.00 0.705 $14,778.58 $943.57 $2.412'.70 $18,134.85 218 939.80.011 0.035 1 1 0 1 3 1 1.00 + 1.00 ' + 1.00 = 3.00 0.105 '$14,778.58 $943.57 $2,412.70 $15,134.85 219 047. 211.20 0.071 1 1 0 3 1.00 + 1.00 + 1:00 = 3.00 0.213 $29.979.41 $1.914.09 $4,894.34 $36,787.84 220 047 - 211.19 0.071 1 1 0 3 7.00 + 7,00 + 1.00 3.00 0.213 $29.978:41 $7,914.09__ $4,684.34 836.787.84 221 047. 211.18 0.071 1 t 0 3 1.00 + 1.00 + 1.00 = 3.00 0.213 $29.979.41 $1.914.09 $4,694.34 "" $36,787.34- 222 047- 211.17 0.071 2 2 0 3 1.00 + 1'.00 + 1.00 = 3.00 0.213 $28.979.41 $1.914.09 $4.894.34 538.787.84 223 047. 211.09 0.115 3 0.5 0 3 0.17 + 0.17 + 7.00 = .34 0.154 $21.675.26 .81 383.90 53,538.83 $26 597.79 224 22 -� 047. 211.70 0.057 0.057 2 1 0 3 050 + 0.50 + 1.00 2.00 0.114 $16,045.32 Si . Mt $2A619:50 $19,689.26_ 226 -17 067- 211.13 0.057 3 3 2 0 3 0,67 + 0.67 + . 1.00 = 2.34 0.133 $18,719.54 $1,195.19 - 53.056.09 $22.970.81 227 047. 211.14 0.057 2 2 0 3 0.67 + 0.67 _+ + 1..00 2.34 0.133 $18,718.54 51,195.18 53,056.09 522870.81 228 067. 211.28 0.715 2 1 0 3 0.50 i 0.50 ' 1.00 = 2.00 0.114 $16.095.32 $1.024.44 - _ $2,679.50 g19,699.28 _ 229 047. 300 -.03 0.048 . 0 0.5 0 0 3 0.25 +. 0.25. + . 1.00 = 1.50 0.173 $24:349.48 5.1.554'.64 _ _ $3.975.21 $29.879.33 230 067.272.25 0.365 0 1 0.00 + 0.00 . + 0.33 = 0.33 0.015 52.111.23 $734.80 _ 14.67 _ _ $2.590.70 3 1 0 3 0.33 + 0.33 + 1.00 1.66 0.606 $85,293.54 $5,445.73 _ $13,924.73 $104,66x.00 Q:Wewport BeachV1d991reportslad99 pre] rpt 27apr07.doc City of Newport Beach Underground Utility Assessment District No,99 (Balboa Boulevard Alley) Preliminary Engineer's Report Assessment Calculations April 27, 2007 Appendix Page 6 Asmt No. Assessors Parcel Number Aamt Lot Acres Streets Fronting Parcel Streets to be Under rntl Prop. Linea to be Under end UWity connect- dons Aestheties eeneft Factor Safety + Benefit Factor Reliability • Benefit Factor Total a Benefit Factor Benefit Points perParcal Total Construction Costs Incidental Expenses Financial Costa DlstdctFor- mation (1st Bond Issue) 231 047. 212.06 0.077 2 1 0 J 1 0.50 + OSO • 1.00 = 2.00 0.146 $20,549.27 $1,312.01 _ $7,754.80 $25.216.06 232 047. 212.07 0.077 2 1 0 7 1 0.50 • 0.50 + 1.00 - 2.00 0.146 Z20.549.27 $1,712.01 $7,754.80 $25.216.08 273 047. 212.08 0.077 J 1 0 3 0.33 • 0.33 • 1.00 1.66 0.121 $17.070.56 41,087.75 $2,780.75 $20,898.26_ 234 047. 212.19 0.178 2 1 1 7 0.50 + 0.75 • 1.00 = 2.25 0.711 547.772.78 $2,794.76 $7,148.19 $57,717.70 275 047. 212.18 0.178 1 0 0.5 7 0.00 • 0.50 • 1.00 1.50 0,207 $29,174.92 $1,660.17 $4.756.47 $75,751.56 236 047. 212.17 0.094 1 1 1 7 1.00 • 2.00 • 1.00 . 4.00 0.776 $52.921.41 $3,778.87 $8879.77 $64940.05 237 047. 212.16 0.071 1 1 0 7 1.00 + 1.00 + 1.00 = 7.00 0.217 $29,979.41 $1.914.09 $4,894.74 $76,787.84__ 238 047. 212.15 0.071 1 1 0 7 1.00 • 1.00 • 1.00 s 7.00 0.217 $29,979.41 $1,914:09 $4,894.74 $78,787,84 239 047. 212.14 0.071 1 1 0 7 1.00 + 1.00 + 1.00 - 7.00 0.217 $29,979.41 $1,914.09 $4,894.34 _ $76,787.84_ 240 047. 212.17 0.071 1 1 0 7 1.00 • 1.00 • 1.00 s 7.00 0.217 $29,979.41 $1,914.09 $4,894.34 $38,787.84 241 047. 212.12 0.071 1 1 0 7 1.00 • 1.00 • 1100 = 7.00 0.217 529,979.41 $1,914.09 $4,894.74 $76,787,84 242 047. 212.11 0.071 1 1 0 7 1.00 • 1.00 + 1.00 7.00 0.217 .$29 979.41 $1,914.08 _y4.74 $76,787.84_ 243 047. 212.10 0.071 1 1 0 7 1.00 + 1.00 + 1.00 = 7.00 0.217 $29,979.41 $1,914.09 54,894.74 $76,787.84 244 047.212-09 0.071 2 1 0 1 7 1 0.50 + 0150 + 1.00 = 2.00 0.142 518986,28 $1,276.06 $7.262.89 $24.525.27 245 047.240-01 0.474 ( 3 0,5 0 1 0.00 • 0.17 • 0.33 = 0.50 0.217 $70,,542,41 $1,950.04 $4.986,25 $77,478.70 39777 $5.598.550.00 $357,450.00 $914.000,00 55.870,000.00 ewport Bcech\Ad99kepon71ad99 prel rpt 27aprO7.doc O"Po • CITY OF NEWPORT BEACH 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 • (949) 644 -3311 NOTICE OF EXEMPTION To: F-1 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Public Services Division P.O. Box 238 POSTED FEB 2:1 2DO7 TON DALY,QBW REWRDER er DERM From City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR.FILED «Y Name of Project: Assessment District No. 99 TDMDAlY.CUM- REGORDER Project Location: Balboa Boulevard Alley, Newport Beach, CA Specific: Area bounded by McFadden Place, Balboa Blvd., 14x4 St., and Ocean Front W, and 19t4, 20, and 21" Streets. Project Location -City: Newport Beach Project Location - County: Oran e Project Description: The project consists of an assessment district to underground existing overhead utilities. Recorded in official Records, orange countv - ITIomy Daly, CllRe 'IrRk-- R�gec'�Iorrdpe'`Ir''I fl Exempt Status: (check one) InurN�F�O�llfl��litGfflN�fIII�I U�DtItl81��Gi��H�II (�� FEE ❑ Ministerial (Sec. 21080(b)(1);15268); 200785000140 02:19pm 02/21/07 ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); 90140 zo1 ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); 0.00 0.00 0.0o . o.00 o.00 o.00 0.00 0.00 .0 Categorical Exemption. State type and section number. Class 2: Replacement and reconstruction: Section 15302. ❑ Statutory. Exemptions. State code number: ❑ General Rule (Sec. 15061(b)(3)) Reasons why project is exempt: The Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condA prior to undergrounding does not have a significant effect on the environment. I Name of Public Agency Approving Project: City of Newport Beach FFR :2 Date of Approval: Name of Person or Agency Carrying Out Project: Newport Beach Public Works De artmen Contact Person: Patrick L. Arciniega PE Title: Associate Civil Engineer Signature: Tel.No. (949)644 -3311 Date: 2 2I 2Cx�7 M ED 2007 K- FIECORDEI M&IF Enterprises, Inc. June 12, 2007 Public Works Department PO Box 1768 Newport Beach, CA 92658 COUNCIL A ENDA N0. A RECEIVED Reference: 1416 W. Oceanfront, Newport Beach To Whom It May Concern: JUN 1 3 2007 Public Works Department City of Newport Beach I am the property owner of 1416 W. Oceanfront, Newport Beach. I have been assessed to fund the undergrounding of overhead facilities in my area. I am sending this letter to protest the manner in which the assessment was done. I found out that I am being assessed much higher than others, perhaps even three times (3x) what my neighbors have been asked to pay. I gave my "YES" vote to underground the existing overhead utility lines in my area, approximately five (5) years ago, at a cost of $10,000. Now, for the same work, to achieve the same results, I am asked to pay eight times (8x) the original amount. My suggestion is that each parcel be asked to pay THE SAME COST to get this project done because it is benefiting each family just the same. The only difference would be on the usage of the utilities. Sincerely, vyilevt�.z, L� Morrie Adnoff / J 15545 Belflower Blvd., Suite E, Bellflower, CA 90706 • Phone (562) 461 -0332 • Fax (562) 461 -1393 NOTICE OF APPOINTMENT AS DEPUTY CITY CLERK Notice is hereby given that Patrick Arciniega is appointed Deputy City Clerk effective June 26, 2007. This appointment shall continue until June 27, 2007 and is for the purpose of tabulating ballots for proposed Assessment District No. 99 at the City Council meeting of June 26, 2007. LaVonne M. Harkless, City Clerk Date ORDER OF PROCEDURE ✓ CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 99 (BALBOA BOULEVARD ALLEY) �, DATE OF PUBLIC HEARING: June 26, 2007 PUBLIC HEARING REQUIREMENT: HEARING REQUIRED PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913," ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AND CHAPTER 15.32 OF CITY CODE MAYOR: Announce that this is the time and place fixed for the public hearing on protests or objections to the Resolution of Intention, Assessment Engineer's Report, proposed assessments and all other matters relating to Assessment DistrictNo. 99 (Balboa Boulevard Alley), and to designation of the area as an underground utilities district. Announce that all written protests and all ballots regarding Assessment District No. 99 (Balboa Boulevard Alley) must be received by the City Clerk prior to the closing of the public hearing. STAFF OR CONSULTANTS - Explain purpose for Public Hearing. - Describe extent of works of improvement proposed to be acquired and boundaries of Assessment District. - Present and summarize Assessment Engineer's "Report", including amendments to the preliminary report. - Explain method and formula of assessment spread. - Make recommendation as to any modifications necessary in the assessments or proceedings. - Explain that the results of the tabulation of the ballots will be announced following the conclusion of the public hearing. - Explain that the area will be designated an underground utilities district END OF STAFF REPORT -- OPEN FOR PUBLIC DISCUSSION Order Of Procedure City Of Newport Beach Assessment District No Page Two MAYOR: 99 (Balboa Boulevard Alley) ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY. First, ask to hear from anyone who wishes to speak against the acquisition of the improvements, the Assessment District, the underground utilities district, or the method of spread of the proposed assessments. Then, ask to hear from anyone who wishes to speak in favor of the proceedings. After all public testimony has been received and prior to the close of the public hearing, announce that all written protests and ballots must have been received by the City Clerk at this time and that after this time no more written protests or ballots may be submitted. Close the public hearing. CITY CLERK: Tabulate ballots and report on the tabulation of the ballots received. CITY COUNCIL: Discussion. IF THE BALLOT TABULATION REVEALS THAT A MAJORITY PROTEST HAS BEEN' FILED PURSUANT TO ARTICLE XIIID: The City Council should entertain a motion to direct City staff to prepare a resolution abandoning the proceedings. IF THE BALLOT TABULATION REVEALS THAT A MAJORITY PROTEST HAS NOT BEEN FILED PURSUANT TO ARTICLE XIIID AND THE CITY COUNCIL WISHES TO PROCEED WITH THE FORMATION OF THE ASSESSMENT DISTRICT: The City Council should adopt RESOLUTION CONFIRMING ASSESSMENTS, which resolution is the formal action declaring the results of the ballot procedure, ordering the acquisition of the improvements, confirming the assessments and approving the final Assessment Engineer's Report. 2 CERTIFICATE AND STATEMENT OF ASSESSMENT BALLOT TABULATION ASSESSMENT DISTRICT NO. 99 (BALBOA BLVD. ALLEN STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH ) THE UNDERSIGNED, City Clerk for the City of Newport Beach, in connection with the proceedings to consider the formation of Assessment District No. 99 (Balboa Boulevard Alley) (the "Assessment District") and the levy of assessments within the Assessment District, DOES HEREBY CERTIFY that, after the close of the public hearing held on June 26, 2007 to consider the formation of the Assessment District, the undersigned did tabulate the assessment ballots timely submitted by affected property owners. THE UNDERSIGNED further CERTIFIES that this Statement of Assessment Ballots Submitted shows the assessment ballots submitted in favor of the assessment and the assessment ballots submitted in opposition to the assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Total of Ballots Received Total "Yes" Ballots Total "No" Ballots Asmt Amt: $ % 171 iq Asmt Amt: $ Asmt Amt: $ I/6/ No of Parcels: 1 te5' Asmt Amt Asmt Amt Percent Yes: 3—% Percent No: 1�_ I % This certification is executed this Jame 26, 2007 in Newport Beach, California. Deputy City Clerk QhT G �Gtts\9t en weer ,OT /j 6. cc))(, City of Newport Beach Underground Utility Assessment District No. 99 Final Vote Roll June 27, 2007 Page 1 of 6 Asmt No. APN Asmt Vote Yes Amt Yes Count No Amt No Count 1 047- 164 -01 $120,932.20 N $120,932.20 1 2 047 - 163 -13 - 3...,., 1 047 - 162 -18 4 047 - 162 -17 5 047- 162 -16 $47,080.48 $103,392.41 N $47,080.48 1 $95,084.10 $48,003.62 $95,084.10 N 1 $48,003.62 N 1 6 047- 162 -15 $48,003.62 N _ $48,003.62 $49,849.91 1 1 7 8 047- 162 -14 _ $49,849.91 $141,241.42 N 047- 162 -23 N $141,241.42 1 9 047 - 162 -20 $12,000.91 N $12,000.91 1 _ 10 11 932 -70 -051 932 -70 -052 $32,771.70 - $32,771.70 N - N $32,771.70 _ 1 $32,771.70 1 12 932 -70 -053 $32,771.70 N _ $32,771.70 $32,771.70 1 1 13 932 -70 -054 $32,771.70 N 14 047 - 162 -22 $48,003.62 Y $48,003.62 1 15 16 047-162-21 $48,003.62 $95,084 10' N 047 -162 03 $95,084.10 1 17 047 - 162 -04 $95,084.101 N $95,084.10 1 18 047 - 162 -05 $48,003.62 N $48,003.62! $36,002.71 $36,00_2.71 1 1 19 1 047 - 162 -06 $36,002.71 N 20 047- 162 -07 $36,002.71 _ N 1 21 047 - 162 -26 $116,778.03 N $116,778.03 1 22 047 - 161 -19 $34,617.99 N $34,617.991 $46,157.32 1 1 23 - _ 24 — 25 047 - 161 -18 ---..— 047 - 161 -15 $46,157.32 $46,157.32 -- - $55,388.78 N Y - N $46,157.32 1 047- 161- 21- - - $55,388.78 1 26 047 - 161 -20 $55,388.78 Y $55,388.78 1 27 047- 161 -14 $55,388.78 N $55,388.78 1 28 - 29 047 - 161 -35 047 - 161 -36 $44,311.04 $47,080.48 N $44,311.04 1 _.... _ N - $47,080.48 1 30 047 - 161 -28 $75,698.01 N $75,698.01 1 31 047 - 161 -22 32 33 047 - 161 -24 $41,541.60; 047 - 161 -23 $59,081.38: Y $59,081.38 1 34 047 - 161 -26 $58,158.23 Y $58_,1_58.23 1 35 047 - 161 -27 $57,235.08; N $57,235.08 1 36 047- 161 -02 42,464.741 1 _ 37 047 - 161 -03 932 -70 -024 $42,464.74 $53,542.49 11 Y $42,464.74 1 - 38 - -- 39 932 -70 -025 $53,542.49 40 932 -70 -031 $38,772.15 Y $38,772.15 1 41 932 -70 -032 $38,772.15 42 43 44 45 46 932 -70 -033_ - $38,772.15 N $38,772.15 1 047 1 18 01 _ 047-181-02 047-181-03 047 - 181 -04 $67,851.28 $39,464.52 $13,154.83 $39,464.52 Y Y $67,851.28 $39,464.52 1 1 N $13,154._83 1 47 939 -85 -052 $5,538.87 N $5,538.87 1 48 1 939 -85 -053 ! $5,538.871 N $5,538.87 1 Q:1Newport Beach'AD99 \Ballot TabulationWote roll City of Newport Beach Underground Utility Assessment District No. 99 Final Vote Roll June 27, 2007 Page 2 of 6 Asmt No.', APN Asmt Vote Yes Amt Yes Count No Amt No Count 49 939 - 85-054 $5,538.87 N $5,538.87 1 50 939 -85 -057 $4,154.16 N $4,154.16 1 1 51 52 939 -85 -058 047 - 152 -14 $4,154.16 $52,157.77 N N $4,154.16 $52,157.77 1 53 047 - 152 -03 $38,541.37 N $38,541.37 $19,386.08 1 1 54 047 - 152 -04 047 - 152 -05 $19,386.08 $19,386.08 N N 55 $19,386.08 1 56 047- 152 -06 $30,694.62 57 047 - 152 -15 0- 152 -12 47 $97,161.17 N N j $97,161.17 1 1 58 $23,540.24 $23,540.24 59 047 - 152 -08 $36,002.71 N $36,002.71 1 60 047 - 152 -07 $32,310.11. 1 61 047 - 153 -12 1 $144,241.64' N _ $_144,241.64 62 047- 153 -26 $10,154.621 Y $10,154.62 1 63 64 047 - 153 -27 047 - 153 -28 $38,772.15 $38,772.15 Y N $38,772.15 1 65 047- 153 -21 $69,235.99 $69,235.99 1 66 047- 153 -25 $11,308.54 _ Y $11,308.54 1 67 047 - 153 -24 $11,308.54 _ $11,308.54 68 047 - 153 -20 $11,308.54 N 1 69 047 - 153 -10 $12,462.47 70 047 - 153 -09 $9,231.46 71 047- 171 -01 $15,693.49 72 73 047 - 171 -02 047 - 171 -03 $10,6_16.18 $8,769.89 Y $10,616.18 1 74 047 - 171 -04 $7,385.17 75 047 - 171 -22 $6,000.46 76 047 - 171 -16 $21,693.941 Y i $21,693.94 1 77 047 - 171 -15 $29,771.49[ Y $29,771.49 1 78 047 - 171 -14 $29,771.49' 79 80 047 - 171 -13 047- 171 -12 $29,771.49 $291771.49 Y $29,771.49 1 N $29,771.49. 1 81 047 - 171 -11 $29,771.49 N $29,771.491 1 82 047- 171 -10 $24,924.97 83 047 - 171 -09 $19,847.65 84 047- 171 -20 $25,386.53 N $25,386.53 1 85 047 - 171 -19 $22,155.52 N $22,155.52 1 86 047 - 171 -17 $18,462.93 87 047 - 172 -25 $42,926.32 88 047 - 172 -24 $27,694.39 89 047 - 172 -02 T97 F; CIA 'ACII N – $27,694.39 1 90 047 - 172 -03 $27,694.39 N $27,694.39 1 91 __..._ 047- 172 -04 $27,694.39 N $27,694.39 1 1 92 047 - 172 -05 $27,694.391 N $27,694.39 93 047 - 172 -06 $27,694.39 N $27,694.39 1 94 172 -07 $27,694.39` Y $27,694.39 1 95 _047- 047 - 172 -19 $27,694.39 Y $27,694.39 1 96 047- 172 -21 $27,694.39 — _.. i. Q1Newport BeacMAD99 \Ballot Tabulation \vote roll City of Newport Beach Underground Utility Assessment District No. 99 Final Vote Roll June 27, 2007 Page 3 of 6 Asmt No. APN Asmt Vote Yes Amt Yes Count No Amt No Count 97 047- 172 -20 $33,464.06 $24,46138 Y Y $33,464.06 1 98 047- 172 -18 $2.4,_4.63.38 1 99 047- 172 -17 $31,848.56 N $31,848.56 1 100 047 - 172 -28 $31,848.56 101 102 j 047 - 172 -29 _ 047- 172 -15 $31,848.56_ $31,848.56 _Y_ $31,848.56 _ 1 103 047 - 172 -14 $31,848.56 N $31,848.56 1 104 047 - 172 -23 $31,848.561 N _ $31,848.56 1 105 047- 172 -22 $31,848.56 $31,848.561 106 047- 172 -12 ;_- 107 047 - 172 -26 $31,848.561 Y 1 $31,848.561 1 - 108 047- 172 -27 $31,156.20 109 047 - 172 -10 047- 172 -09 $29,771.49 110 $22,155.52 111 047- 173 -01 $33,233.27 N $33,233.27 1 112 047- 173 -34 $26,771.26 113 114 115 047- 173 -33 $27,232.82 $26,771.26 047- 173 -03 047- 173 -04 $27,232.821 116 047- 173 -05 $27,232.82] Y I $27,232.82 1 117 047- 173 -32 $26,771.26 118 119 047- 173 -31 -0-4,7--1-7-3---0-7-- 47 -173 07 j -$26,309.671 $27,232.82; Y N $27,232.82 1 $26,309.671 1 120 047 - 173 -24 $26,771.26 N $26,771.261 1 121 047- 173 -23 $26,771.26 122 123 124 047 - 173 -09 $26,771.261 N $26,771.26; 1 047- 173 -10 047- 173 -11 $26,771.26 $26,771.26 125 047- 173 -12 $54,465.65 N $54,465.65! 1 126 047 - 173 -22 $178,629.04 N $178,629.04':. 1 127 047- 173 -25 932 -91 -095 $57,465.88 Y $57,465.88 1 1 128 $18,001.36 Y 129 932 -91 -096 $18,001.36 _$18_,001.36 130 932 -91 -097 $18,001.36 131 047- 173 -20 047- 173 -27 $51,927.00 $51,927.00 Y $51,927.00 1 132 1 133 _ 047 - 173 -28 $49,157.55 Y $49,157.55 134 932 -91 -101 $16,616.64 Y $16,616.64 1 1 1 135 932 -91 -102 $16,616.64 Y $16,616.64 136 932 -91 -103 $16,616.64 Y $16,6.16.64 137 1 047- 173 -29 $47,772.83 N $47,772.83 1 138 047- 173 -17 $47,772.83 Y $47,772.83 1 139 047- 173 -16 $47,772.83 Y $47,772.83 1 140 047- 173 -15 $47,772.83 N $47,772.83 1... 141 047- 173 -13 $20,770.80 Y $20,770.80 1 142 047- 173 -14 $9,693.04 143 047- 201 -01 $22,155.52 $8,539.10 1 144 047- 201 -02 $8,539.10 N Q:SNewport BeachWDWBallot TabulationWote roll City of Newport Beach Underground Utility Assessment District No. 99 Final Vote Roll June 27, 2007 Page 4 of 6 Asmt No. APN Asmt Vote 7 Yes Amt Yes Count No Amt No Count 145 047 - 201 -26 $15,231.92' 146 147 047 -20125 $6,000.46; 047 -201 24 $10,385.40; N ...— $10,385.40' 1 148 939 -80 -001 $15,231.921 N $15,231.92 1 149 939 -80 -002 $15,231.92 Y $15,231.92 1 150 047 - 201 -32 $27,232.82 151 047 - 201 -31 $27,232.82 152 047- 201 -29 $27,232.82 N — $27,232.82 1 153 047 - 201 -05 $27,232.82 N $27,232.82 1 154 939 -80 -014 $13,385.63 $13,385.63 N $13,385.63 1 155 939 -80 -015 _ Y $13,385.63 1 1 156 047 - 201 -36 1 27,232.82 Y _ $27,232.82 157 047 - 201 -37 $27,232.82 Y $27,232.82 1 158 047- 201 -08 $27,232.82 N $27,232.82 1 159 047 - 201 -09 160 047- 201 -23 $67,389.70 $15,693.49 N $67,389.70 1 1 _ _. N - $15,693.49 161 047- 201 -22 $11,077.75 N $11,077.75 1 162 047 - 201 -21 $49,157.55 N $49,157.55 1 163 047 - 201 -20 $49,157.55 _ 164 939 -80 -020 939 -80 -021 $24,232.5_91_ $24,232.59 Y ! $24,232.59; 1 165 166 047 - 201 -18 $49,157.551 Y $49,157_.55 1 167 168 047- 201 -17 047 - 201 -16 $49,157.55 $491157.55 N $49,157.55 1 Y $493157.55: 1 169 047 - 201 -15 $493157.55 Y $493157.551 1 170 047 - 201 -14 $49,157.55 171 047 - 201 -13 $493157.55 Y 1 $49,157.55 1 172 047 - 201 -12 $493157.55 173 047 - 201 -11 047- 201 -10 047 - 202 -01 $49,157.55 — $37,849.01 $22,617.091 Y N $49,157.55 1 174 175 $22,617.091 1 176 047 - 202 -02 $27,232.82' N $27,232.82; 1 177 047 - 202 -30 - — $27,232.82' 178 047 - 202 -29 $27,232.82. N $27,232.82' 1 1 179 047 - 202 -04 $27,232.82; Y - $27,232.82 180 047 - 202 -05 $27,232.82 N - $27,232.821 1 181 047 - 202 -06 $27,232.82 Y $27,232.82 1 182 047 - 202 -07 $27,232.82 Y $27,232.82 1 _ 18_3 184 047 - 202 -08 $27,232.82 Y $27,232.82 1 1 1 047- 202 -09 $27,232.82 N $27,232.82 $27,232.82 1 185 047- 202 -10 $27,232.82 Y 186 047- 202 -11 $27,232.82 Y — $27,232.82 187 047 - 202 -12 $27,232.82 188 047- 202 -13 $27,232.82 189 047- 202 -31 190 047-202-28 191 047 -20227 192 047 -202 26 $27,232.82 $37,849 01 -N $37,849.01 1 $49,15755 $4-9$1-5-7.65 Y.... Y $49,157.55 1 $49sl57.551 1 WNewport BeacMAD99l13allol Tabulationlvote roll City of Newport Beach Underground Utility Assessment District No. 99 Final Vote Roll June 27, 2007 Page 5 of 6 Asmt No. APN Asmt Vote Yes Amt Yes Count No Amt No Count 193 -- 194 047 - 202 -25 9 93-80 -008 _ $49,157.55 Y $49,157.55 1 - $24,232.59 195 939 -80 -009 $24,232.59 Y 124,232.59 1 196 047- 202 -23 $49,157.55 197 047 - 202 -22 $49,157.55; Y $49,157.55 1 198 047 - 202 -21 $49,157.55. 199 047- 202 -20 $49,157.55, Y Y...,. $49,157.55 1 200 047 - 202 -19 $49,157.55' $49,157.55 1 — 201 047 - 202 -18 $49,157.55 202 047 - 202 -17 $32,771.70 $13,616.41 Y - ....... _ $32,771.70 1 . 203 _ ....... -- -- L 047- 211 -01 — —' ........ 204 047- 211 -02 $27,232.82 205 047- 211 -03 206 047 - 211 -04 207 047- 211 -05 $27,232.82 N $27,232.82 1 $27,232.82 Y $27,232.82 $27,232.82 1 208 047 - 211 -30 $27,232.82 N $27,232.82 1 209 047 - 211 -29 $27,232.82 N $27,232.82 -- .. $43,387.88 1 210 047 - 211 -26 $43,387.88 N 1 211 047- 211 -27 $37,849.01 Y $37,849.01'. 1 212 _ 047 - 211 -08 $31,848.56 1 213 047- 211 -25 $28,386.76 Y $28,386_.76 214 ----- 21 5 - 047 - 211 -24 $49,157.55 047 - 211 -23 047- 211 -22 i $49,157.551 -WJ57.651 N _.,_.. Y $49,157.55 1 216 $49,157.55 1 217 939 -80 -010 $24,232.59 218 939 -80 -011 $24,232.59 _ ..,.._ —� 219 047- 211 -20 $49,157.55 220 047- 211 -19 $49,157.55 N $49,157.55 1 221 047- 211 -18 $49,157.55 N $49,157.55 1 222 047 - 211 -17 $49,157.55 223 047 - 211 -09 $35,541.15 Y $35,541.15 1 _ 224 047- 211 -10 $26,309.67 Y $26,309.67 1 225 047 - 211 -11 $30,694.62 Y $30,694.62 1 1 1 226 047 - 211 -13 $30,694.62 Y $30,694.62 227 047 - 211 -14 $26,309.67 Y $26,309.671 228 047 - 211 -28 $39,926.09 229 047 - 300 -03 $3,461.81 _ 230 047- 212 -25 $139,856.70' N_ $139,856.70 1 231 047 - 212 -06 _ 1 $33,694.85. - 232 047-212-07 81 r_ $33,694.85, — 1 233 047 - 212 -08 $27,925.191 Y $27,925.19 1 234 047- 212 -19 $71,774.64 N $71,774.64 1 235 236 237 047- 212 -18 1 047 - 212 -17 - -- 047- 212 -16 $47,772.83 $86,775.78 $49,157.55 N $47,772.83 1 N _ $86,775.78 1 - 238 047 - 212 -15 047- 212 -14 $49,157.55 239 $49,157.55 -P9,157.551 Y $49,157.551 240 1 047 - 212 -13 Y $49,157.55] 1 Q: \Newport BeaCMAO 1Ballot Tabulation \vote roll City of Newport Beach Underground Utility Assessment District NO. 99 Final Vote Roll June 27, 2007 Page 6 of 6 Ascot No. APN Asmt Vote Yes Arnt ;Yes Count No Amt No Count 241 047-212-12 $49,157.55 Y $49,157.55 1 242 047-212-11 $49,157.551 Y 1 $49,157.55 1 243 047-212-10 $49,157.55 244 047-212-09 $32,771.70 245 047-240-01 $50,080.71 $9,175,845.84 $2,566,808.881 72 1 $4,050,305.501 93 Total Voted Assessment Amount Total "YES" Votes 72 Total "YES" Assessment Amount i $2,566,806.88 Total "YES" Percentage 39% Total "NO" Votes 93 Total "NO" Assessment Amount $4,050,305.50 Total "NO" Percentage 61% WNewport BeaCMAD99\13allot Tabulafion\vote roll "RECEIVED ASTER AGENDA 10 7 19 PRINTED: O I have reviewed the questions from Council Member Henn related to the property at 1824 Vilelle Place (Assessment Nos. 47, 48 and 49) and have the following responses. 1. Why was Vilelle Place not included in District 99? Based on my understanding, the burden of gathering petition signatures (and therefore including properties) lies with the neighborhood proponents, so sometimes the boundaries of the undergrounding districts are not as logical as they could be. In addition to that, based on the information that was provided in 2001 / 2002 it appeared that the poles located on the comers of Vilelle Place and 19"' Street were going to be part of the Balboa Blvd Rule 20A utility undergrounding project, so the adjacent properties were never anticipated to be included in this District. Because those two poles were not included in the Balboa Blvd Rule 20A undergrounding, they were included in this District. 2. Why is it that the Hlifkas' property was included in the Assessment District when it does not face 19th Street and will receive very little benefit from the undergrounding? Please see the answer to question No. 4. 3. How is it that the property immediately across Vilelle Place from their property at _ Balboa Blvd. was excepted from the Assessment District after its initial formation, yet the Hlifkas' property was not? The two condominiums located across Vilelle Place at 1830 Balboa Blvd (on the northeast comer of 19th Street and Balboa) are included in the District as Astral Nos. 50 & 51. The four condominiums located at 1900, 1902, 1904, 1906 Balboa Blvd (on the northwest corner of 19th Street and Balboa) do not have any wires or poles adjacent to the property, nor do they take service from any of the distribution lines included in this undergrounding project, as their utilities were undergrounded as part of the Balboa Blvd Rule 20A project; therefore, these parcels do not receive any benefit from the project and are not included in the Assessment District. Q9Newport Beach\Ad99\corresp \AD 99 Vile] le PI questions response 26jun07rI doc 34 Executive Park, Suite 150, Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 irvine @harris- assoc.com Harris & Associates Program Managers Memorandum Construction Managers Civil Engineers to: Steve Badum, Director of Public Works company: City of Newport Beach from: Joan Cox ! re: Assessment District No. 99 cc + _ } 1824 Vilelle Place c VIA EMAIL _ - cc: Patrick Arciniega ' date: June 25, 2007 _ I have reviewed the questions from Council Member Henn related to the property at 1824 Vilelle Place (Assessment Nos. 47, 48 and 49) and have the following responses. 1. Why was Vilelle Place not included in District 99? Based on my understanding, the burden of gathering petition signatures (and therefore including properties) lies with the neighborhood proponents, so sometimes the boundaries of the undergrounding districts are not as logical as they could be. In addition to that, based on the information that was provided in 2001 / 2002 it appeared that the poles located on the comers of Vilelle Place and 19"' Street were going to be part of the Balboa Blvd Rule 20A utility undergrounding project, so the adjacent properties were never anticipated to be included in this District. Because those two poles were not included in the Balboa Blvd Rule 20A undergrounding, they were included in this District. 2. Why is it that the Hlifkas' property was included in the Assessment District when it does not face 19th Street and will receive very little benefit from the undergrounding? Please see the answer to question No. 4. 3. How is it that the property immediately across Vilelle Place from their property at _ Balboa Blvd. was excepted from the Assessment District after its initial formation, yet the Hlifkas' property was not? The two condominiums located across Vilelle Place at 1830 Balboa Blvd (on the northeast comer of 19th Street and Balboa) are included in the District as Astral Nos. 50 & 51. The four condominiums located at 1900, 1902, 1904, 1906 Balboa Blvd (on the northwest corner of 19th Street and Balboa) do not have any wires or poles adjacent to the property, nor do they take service from any of the distribution lines included in this undergrounding project, as their utilities were undergrounded as part of the Balboa Blvd Rule 20A project; therefore, these parcels do not receive any benefit from the project and are not included in the Assessment District. Q9Newport Beach\Ad99\corresp \AD 99 Vile] le PI questions response 26jun07rI doc 34 Executive Park, Suite 150, Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 irvine @harris- assoc.com Memorandum Steve Badum, Director of Public Works City of Newport Beach June 25, 2007 Page 2 4. What is the exact reasoning for the $16,500 assessment against their property in light of the extremely small benefit to them of the undergrounding to be done on 19th Street? The benefits from this project are split equally to the three condominiums that are on this property, so each condo receives an assessment of $5,539. This property does receive benefit from the undergrounding project, but we agree that it receives a lower amount of benefit. This property receives 1/2 Aesthetic Benefit and 1/2 Safety Benefit (because only I of the 2 streets adjacent to the property is being underground), and 0 Reliability Benefit (because it doesn't take service from the lines being undergrounded). Adding these up, the Total Benefit Factor for this property is 1.0. If Vilelle Place had been included in the undergrounding project, this property's Total Benefit Factor would have been 3.0. By the way, at an information meeting on this District, the property owner told me that these lines have fallen down in the past, more than once, and admitted to receiving some benefit from having the lines underground. 5. What remedies are available to them at this point to either: • Be excluded from District 99 altogether Excluding them from the District is not appropriate because they receive benefit. If the City Council made a contribution to cover this property's benefit, then it could be excluded from the District. • Have the proposed assessment eliminated or reduced The assessment amount is already reduced based on the benefits the property receives. • Have their currently proposed assessment deferred until the poles on Vilelle Place are undergrounded To defer the assessment, the City Council would have to contribute the amount of the current assessment, but I am not sure how the City could recoup that money in the future. Article XIIID of the California Constitution (Proposition 218) requires that the costs of an assessment district project be spread to all benefiting properties in proportion to the special benefits received by those properties. Therefore, this property must be assessed its full fair share of this undergrounding project. 6. What assurance do the Hlifkas have that they will get a full credit for their current $16,500 assessment in the event the poles on Vilelle Place are taken down in the future? If the poles on Vilelle Place are placed underground with a future assessment district, this property must be assessed for it proportional benefit of that particular undergrounding project. If the same assessment formula is used for that assessment district as this one, then this property's Total Benefit Factor for that District would be 1/2 + 1/2 + I = 2.0. If you have any questions or need any additional information, please let me know. Q:Wewpon BeachAdMoorrespND 99 Vilelle PI questions response 2ajun7ri.tloc Harris & Assoriates_ I have reviewed the letter from Mr. Terry Andrus from the Law Offices of Woodruff, Spradlin & Smart, dated June 13, 2007, regarding the property at 1441 W. Balboa Boulevard, Our Lady of Mi. Carmel Church. This property (the "Church Property ") is Assessor's Parcel Number 047- 212 -25, which is designated as Assessment No. 230 in the Engineer's Report. Mr. Andrus compares the Church Property to Newport Elementary School, which is Assessment No. 245 (the "School Property). 1. Improved Property Aesthetics Benefit. The Church Property has a different physical situation than the School Property with regards to aesthetics and the facilities proposed to be undergrounded. There are wires and poles in the alley along the entire southerly property line of the Church Property, which has approximately 712 linear feet of frontage on this alley including pedestrian access and driveway access onto the property. This property has three streets and alleys adjacent to it, but only one with proposed undergrounding, which is why it has an Aesthetics Benefit Factor of 113, or 0.33. The School Property has only a single pole (no wires) adjacent to its 225 linear feet of frontage on l4t` Street. This pole, located at the intersection of 141h Street and the alley, is the terminus of the undergrounding project. Because of this, and in addition to my belief that improved aesthetics does not impact the desirability of a school property, it is my opinion that the School Property receives no Improved Aesthetics Benefit from the project. It is, therefore, my opinion that both properties are assigned an appropriate Aesthetics Benefit Factor for this proposed utility undergrounding project. 2. Property utilization for assessment purposes. The Church Property is on a 0.73 acre parcel (made up of 10 residential lots) and is assessed based on 50% property utilization. Approximately half of the Church Property is parking lot and the rest of the property is almost 100% built out. In addition, the church has scheduled activities occurring 7 days a week and there is a rectory on the premises. The School Property is on a 2.165 acre parcel (which encompasses two full residential blocks — approximately 26 residential lots) and is assessed based on 20% of the parcel size, per the rationale Q \Newport Beach\Ad99\corresp \AD 99 church Ur response.doc 34 Executive Park, Suite 150, Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 iMne @harris- assoc.com Harris & Associates Program Managers Memorandum Construction Managers Civil Engineers to: Steve Badum, Director of Public Works = company: City of Newport Beach from: Joan Cox .� re: Assessment District No. 99 _ Our Lady of Mt. Carmel Church Assessment VIA EMAIL — cc: Patrick Arciniega date: June 22, 2007 I have reviewed the letter from Mr. Terry Andrus from the Law Offices of Woodruff, Spradlin & Smart, dated June 13, 2007, regarding the property at 1441 W. Balboa Boulevard, Our Lady of Mi. Carmel Church. This property (the "Church Property ") is Assessor's Parcel Number 047- 212 -25, which is designated as Assessment No. 230 in the Engineer's Report. Mr. Andrus compares the Church Property to Newport Elementary School, which is Assessment No. 245 (the "School Property). 1. Improved Property Aesthetics Benefit. The Church Property has a different physical situation than the School Property with regards to aesthetics and the facilities proposed to be undergrounded. There are wires and poles in the alley along the entire southerly property line of the Church Property, which has approximately 712 linear feet of frontage on this alley including pedestrian access and driveway access onto the property. This property has three streets and alleys adjacent to it, but only one with proposed undergrounding, which is why it has an Aesthetics Benefit Factor of 113, or 0.33. The School Property has only a single pole (no wires) adjacent to its 225 linear feet of frontage on l4t` Street. This pole, located at the intersection of 141h Street and the alley, is the terminus of the undergrounding project. Because of this, and in addition to my belief that improved aesthetics does not impact the desirability of a school property, it is my opinion that the School Property receives no Improved Aesthetics Benefit from the project. It is, therefore, my opinion that both properties are assigned an appropriate Aesthetics Benefit Factor for this proposed utility undergrounding project. 2. Property utilization for assessment purposes. The Church Property is on a 0.73 acre parcel (made up of 10 residential lots) and is assessed based on 50% property utilization. Approximately half of the Church Property is parking lot and the rest of the property is almost 100% built out. In addition, the church has scheduled activities occurring 7 days a week and there is a rectory on the premises. The School Property is on a 2.165 acre parcel (which encompasses two full residential blocks — approximately 26 residential lots) and is assessed based on 20% of the parcel size, per the rationale Q \Newport Beach\Ad99\corresp \AD 99 church Ur response.doc 34 Executive Park, Suite 150, Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 iMne @harris- assoc.com Memorandum Steve Badum, Director of Public Works City of Newport Beach June 22, 2007 Page 2 that most of the property is devoted to more open, classroom -type areas and only a small portion of the property has office -type uses similar to commercial office uses. Buildings cover approximately 60% of the property, which means that 1/3 of the building area is the basis of assessment. In addition, the school has scheduled activities occurring only 5 days a week and is essentially closed for 2 months out of the year. Therefore, based on the above, it is my opinion that the estimated utilization of both properties are reasonable and both properties are assessed appropriately for their benefit from the proposed utility undergrounding project. If you have any questions or need any additional information, please let me know. Harris & Associates,. O:Wewport BeachrAC99borrespWD 99 church Itr response.00c " RECEMM AFTER AGE 0A J is e City of Newport Beach RQ June 25. 2007 Underground Utility Assessment District No, 99 (Balboa Boulevard Alley) Final Engineer's Report Page 17 If a parcel has a pole directly adjacent to it with no overhead distribution wires along the street and/or property line adjacent to it (meaning that the pole is the last pole to be removed and that pole is at the corner of the property), this parcel is considered to receive half the safety benefit for that street frontage or property line. For example, if a parcel is adjacent to two streets and has the last pole to be underground at its property line such that no overhead distribution wires are crossing the property's street frontage or property line, then its SBF is calculated as 0.5 = 2 = 0.25. (This applies to Asmt Nos. 3, 22, 40 — 42, 66, 82, 234 and 235.) • Improved Service Reliability Benefit Factor. 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. All properties that are connected to poles and wires that are to be undergrounded (whether or not the private service connections are overhead or already underground) are considered to receive this service reliability benefit. The Reliability Benefit Factor (RBF) for a parcel is calculated by dividing the number of utilities they receive service from by 3 (the total number of utilities being underground). For example, if a parcel is receiving only electrical service from the facilities being underground, then its RBF is calculated as 1 - 3 = 0.33. Parcels that take no service from the distribution wires or poles being undergrounded (such as parcels that are connected to a distribution system already undergrounded or to a system that is remaining overhead) receive no service reliability benefits and are therefore assigned an RBF of 0. (This applies to Asmt Nos. 2, 9, and 47 — 51.) Exceptions There are some parcels whose benefit do not fit the above methodology, and these are explained below. 1. Asmt No. 245, Newport Elementary School. a) This property is 2.165 acres. However, elementary schools usually have relatively small areas of office -type uses, similar to commercial office uses, and the rest of the property is devoted to more open classroom -type areas. Buildings cover approximately 60% of the property, and the school has scheduled activities five days a week and is essentially closed for two months out of the year. It is estimated that approximately 20% of the property is truly utilized for the purposes of apportioning benefit. Therefore, this parcel is considered to be only about 20% utilized and is considered to receive only 20% of the benefit of other properties that are, or can be, utilized to the fullest capacity of the property. Therefore, this parcel's benefit is calculated based on 20% of the total area of the property, or at 0.434 acres (which is approximately 1/3 of the buildings). b) This property has only a single pole (no wires) adjacent to its 225 linear feet of frontage on 14th Street. The pole, located at the intersection of 14th Street and the alley, is the terminus of the undergrounding project. Because of this, and because improved aesthetics is not considered to impact the desirability of a school property, this property is deemed to receive no aesthetic benefit from the undergrounding project. Therefore, this property is assigned an ABF of 0. Q: \Newport Beach\Ad99 \reports \ad99 final rpt 25j=07.doc