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Home My WebLink About18 - Assessment District 92CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 January 22, 2008 TO: Mayor and Members of the City Council FROM: Public Works Department Iris Lee 949 - 644 -3323 or ilee @city.newport - beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 92 — AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY — FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT RECOMMENDATIONS: 1. Open public hearing on the formation of Assessment District No. 92. 2. Hear testimony from those who desire to speak. 3. Close the public hearing. 4. Count ballots. 5. If more than 50% of weighted "Yes' votes "No" votes are submitted, then a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: a. Adopt a Resolution declaring the results of the ballot tabulation, approving the Assessment Engineer's Report, confirming the assessment for Assessment District No. 92, ordering the acquisition of improvements, and designating the area an Underground Utilities District. b. Approve a Budget Amendment in anticipation of the formation and approval of Assessment District No. 92. The proposed Budget Amendment of $2,053,537 will provide $1,916,537 for the design, construction, financing and incidental contingencies and $137,000 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $1,916,537 and increase expenditure appropriations by $1,803,567. The difference of $112,970 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this District. This Budget Amendment also appropriates $28,018 for the related assessment on City owned property within this District. 6. If desired, abandon the proceedings. Proposed Assessment District No. 92 — Area Generally Bounded by Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway — For Underground Utilities and Designation as an Underground Utilities District January 22, 2008 Page 2 DISCUSSION: On November 27, 2007 the City Council accepted the Preliminary Engineer's Report for proposed Assessment District No. 92, adopted a Resolution of Intention to form the District, and set a public hearing on January 22, 2008 for the Assessment District (see attached Exhibit A). The location of the proposed District is shown on the sketch attached as Exhibit B. Action on the District will be taken after the public hearing is closed and the ballots are counted. An informal information meeting was held in the City Council Chambers on January 10, 2008, with property owners to discuss the proposed District. The procedure being used for the formation of this District is the Municipal Improvement Act of 1913. The project will be financed by municipal bonds over a period of 20 years. Plans and specifications for the project 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 and telephone lines. However, each property owner will be required to underground his or her individual service connections. The cost to convert the service connections is not a part of the Assessment District and must be contracted and paid for separately by the private property owners. The total cost of the District is $2,053,537, which excludes the Federal Income Tax Component of Contribution (ITCC) Tax, per City Council direction on November 27, 2007. The methodology used by the Assessment Engineer assessed benefit points as a means to distribute assessments within this District based on the parcel size multiplied by benefit factors. This assessment methodology assigns benefit factors based on two separate criteria: safety /reliability and aesthetics. The total of these two factors are then multiplied by the parcel area 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 and bonding costs were then prorated per parcel based on their construction assessment. The estimated assessments range from $8,673.66 to $149,230.55, with an average of $38,028.46. Due to the wide variation in property sizes, uses, and degree of undergrounding required, various benefit factors have been accounted for each individual situation. Some exceptions on a few lots that did not fall categorically into the benefit factor criteria are noted on the following pages. Proposed Assessment District No. 92 — Area Generally Bounded by Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway — For Underground Utilities and Designation as an Underground Utilities District January 22, 2008 Page 3 Safety and Reliability Benefit Factor Exceptions • Assessment No. 17, APN 049 - 122 -22 — This commercial lot has two stub locations for connections to receive both electrical and telephone; consequently this parcel will receive two Benefit Factors. • Assessment No. 19, APN 049 - 122 -30 — This commercial lot on Riverside Avenue will have no service stubs available for electrical or telephone connection, thus parcel will receive a zero Benefit Factor. According to the County Parcel Map, this parcel is designated with the listed APN; however, reference Parcel Map 74 -22 designates this parcel as one lot combined with APN 049 - 122 -29. • Assessment No. 20, APN 049 - 122 -29 — This commercial lot on Riverside Avenue will receive both electric and telephone utility undergrounding; thus this parcel will receive one Benefit Factor. Notably, according to the County Parcel Map, this parcel is designated with listed APN; however, referenced Parcel Map 74 -22 designates this parcel as one lot combined with APN 049 - 122 -30. • Assessment No. 43, APN 425 - 471 -14 — This commercial lot on Tustin Avenue will have no service stubs available for electrical or telephone Connection, thus parcel will receive a zero Benefit Factor. • Assessment No. 45, APN 049 - 121 -23 — This commercial lot currently receives underground electrical from West Coast Highway. This parcel will receive a zero Benefit Factor. • Assessment No. 49, APN 049 - 110 -25 — This commercial lot on the comer of West Coast Highway and Riverside Avenue already receives underground utility service for electric and telephone from West Coast Highway; thus the parcel will receive a zero Benefit Factor. • Assessment No. 51, APN 049 - 110 -30 — This commercial lot on Riverside Avenue receives electric and telephone service connection from Avon Street, which is located outside of the utility plan improvement boundary, this parcel will receive a zero Benefit Factor. • Assessment No. 52, APN 049 - 110 -27 — This commercial lot adjacent to the Post Office is not a stand -alone buildable lot and will not be receiving service. Additionally, this lot will always need to be connected to the adjacent lot where the Post Office presides. This parcel receives a zero Benefit Factor. • Assessment No. 54, APN 049 - 110 -17 — This commercial parcel on the northwest comer of Avon Street and Riverside Avenue will receive electric connection from undergrounding improvements. Telephone service will not be received at this parcel and will receive a 0.5 Benefit Factor. Furthermore, this parcel faces utility poles on Avon Street and will receive a neighborhood enhancement Benefit Factor of 0.5. Aesthetic view Enhancement Benefit Factor Exceptions • Assessment No. 50, APN 049 - 110 -19 — This commercial property along West Coast Highway is already receiving underground utility service for electric and telephone. Proposed Assessment District No. 92 — Area Generally Bounded by Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway— For Underground Utilities and Designation as an Underground Utilities District January 22, 2008 Page 4 Utility poles will be removed where utilities are received from behind the parcel, thus 0.5 Benefit Factor. Assessment No. 53, APN 049- 110 -17 — This commercial parcel located at the southwest corner of Riverside Avenue and Avon Street is situated facing Riverside Avenue where utility poles will be removed within the district boundary. The utility poles along the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary. Thus, this parcel will receive a partial neighborhood enhancement Benefit Factor of 0.5. Assessment No. 54, APN 049- 110 -17 - This commercial parcel on the northwest corner of Avon Street and Riverside Avenue faces utility poles on Avon Street and will receive a neighborhood enhancement Benefit Factor of 0.5. If no majority protest exists, staff recommends adoption of the Resolution (Exhibit C) designating the area as an Underground Utilities District per Municipal Code Chapter 15.32 and consideration of the Final Engineer's Report (Exhibit C). Environmental Review: This project qualifies for a Class 2 California Environmental Quality Act (CEQA) exemption under Section 15302, item "d" of the Implementing Guidelines as follows: "Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding." Public Notices were mailed out to property owners within the boundary of the proposed district on November 30, 2007 to provide the minimum 45 -day notice of the Public Hearing. Funding Availability: Upon formation and approval of the District, funding will be provided by property owner contributions and bonded assessments. See attached Budget Amendment. Submitted by: ifi G. Badum Works Director Attachments: Exhibit A- November 27, 2007 Council Report (without attachments) Exhibit B- Sketch Exhibit C- Resolution Exhibit D -Final Engineer's Report Budget Amendment CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT APPROVED NOV 2 7 2007. BY City Council Agenda em °N0. ggBeach November 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE,CITY COUNCIL FROM: Public Works Department Iris. Lee 949- 644 -3323 or ilee @city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 92 — AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY- FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT RECOMMENDATIONS: Adopt the following Resolutions for Proposed Assessment District No. 92: a. Resolution No. 2007 - Receiving a Petition for, Adopting a Map Showing` the Proposed. Boundaries of, and Making Appointments Jor Proposed Assessment District No. 92. b. Resolution No. 2007- 3!f_ Declaring Intention to Order the Construction of Certain Improvements in Proposed. Assessment District No. 92; 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 Designate the Area an Underground Utilities District. C. Resolution No. 2007- 35i- Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 92, Setting a Time and Place for a Public Hearing as January 22, 2008; and Ordering the Intention. of Assessment Ballot Procedures. d. Resolution No. 2007- Approving Utility Improvement. Contracts for Utility Improvements for Assessment District No. 92. 2. Approve the Bond Counsel Agreement with Robert Hassell and authorize the . Mayor and City Clerk to execute the Agreement. DISCUSSION: Proposed Assessment District No. 92 is for the conversion of existing overhead utilities to underground locations. Property owners within the proposed Assessment District boundary will bear the cost of the improvements and associated proceedings. Property owners located in Proposed Assessment District No. 92 submitted petitions to the City requesting formation of a special assessment district to underground overhead utilities. To date, City-Council has approved a total appropriation of $112,970 for the EXHIBIT.A Proposed Assessment District No. 92 —Area Generalty Bounded by Riverside Avenue, Cliff Drive. Tustin Avenue and West coast Highway for Undergrounding Utilities November 27.2007 ... Page 2 preliminary stages of this project including $22,970 to retain the firm of Hall & Foreman, Inc. as the assessment engineer, and $41,500 and $48,500 to SCE and AT &T respectively. to prepare the engineering drawings. On January 18, 2005, Hall & Foreman certified signed petitions submitted by 61 percent of owners with assessable property within proposed Assessment District No. 92. The Municipal Improvement Act of 1913 governs the procedures used to create the Assessment District. Bonds issued.under the Improvement Bond Act of 1915 carry a 20 year term and are issued to finance assessments not paid in cash within 30 days after confirmation of the assessment. The estimated total cost for Proposed Assessment District No. 92 is as follows: ITEM COST Cost of Construction $1,696,567 Incidental Costs and Expenses 199,570 Financing (Bond) Costs 157,400 Estimated Total Cost: $290531537 Estimated cost do not include the Federal. Income. Tax Component ,of. Contribution (ITCC) tax, which is .a betterment-tax. The Bond Reserve for this district is. estimated at seven. percent. Property owners paying their assessments in full during the 30-day rash. payment .period waive the financial cost. of issuing and servicing the bonds and receive: a' discount of approximately 7.67 percent. in `addition: to the payment of the assessment; each property owner is responsible for the " -costs of converting the overhead ,service. connection to receive the new underground service. The cost to the property owner for this conversion varies depending on the condition and location of the current electrical service.. Each property owners is encouraged to contact a licensed electrical contractor to. assess the particular needs of the property. The following is a tentative schedule for proposed Assessment District No. 92: Resolution of Intention November 27, 2007 Property, owner information meeting January 10, 2008 Public Hearing January 22, 2008 Public utilities commence work March 17, 2008 City notes property owners to install service connections " July 14, 2008 Property owners complete conversions November 14, 2008 Public utilities begin to remove overhead structures January.5, 2009 Public utilities finish removing poles and overhead structures March 31, 2009 The Assessment Engineer used a benefit points methodology to apportion assessments within this District. The special benefits from undergrounding the Proposed Assessment District No. 92 —Area Generally Bounded by Riverside Avenue, Cliff Drive, Tustin Avenue and West Coast Highway for Undergrounding Utilities November 27, 2007 Page 3 overhead utilities were divided into two categories: 1) Conversion from an overhead to underground utility system resulting in safer and improved reliability from the upgraded utility system. 2) Aesthetic view enhancements of the. neighborhood area due to the removal 'of the overhead facilities and opening of neighborhood view corridors. These benefits Were assigned Benefit Factors, which were multiplied by the parcel size to calculate the Benefits Points for each parcel as follows: Parcel Area Safety & ($F) X Reliability Benefit Factor Aesthetic View Enhancement of Total + Neighborhood ] = Benefit Area Benefit Points Factor For „'parcels . located within the District boundaries, the two benefits described above were estimated 'to be of equal weight. Therefore, the total cost of assessment "for the underground utility district formation will be distributed with approximately fifty percent of the • costs . to.:. parcels that benefit from the conversion from an .overhead to an underground upgraded utility system and approximately fifty percent of the costs will be .,distributed to the parcels that receive the aesthetic view enhancement benefit to the neighborhood area. Tie range for.the estimated`asses6ment costs per parcel is $8,673.66 to $149,230.55. Assessments'vary over a wide range due to the variation of property sizes, uses, and the degree of undergrounding required. Some exceptions. were taken for parcels that did not fall neatly into the benefit factor criteria. The following Were exceptions for the safety and reliability conversion benefit: Assessment No. 17, APN D49- 122 -22 — This commercial lot has two stub locations for connection to receive both electrical and phone; thus this parcel will receive two Benefit Factors. Assessment No. 19, APN 049 - 122 -30 — This commercial lot on Riverside Avenue will have no service stubs available for electrical or phone connection, thus this parcel will receive a zero Benefit Factor. According. to the County Parcel Map, this parcel has the above designated Assessor Parcel Number; however, referenced Parcel Map 7442 designates this parcel as one lot combined with APN 049 - 122 -29. .Assessment °No. 20. APN 049 - 122 -29 — This commercial lot on Riverside Avenue will receive both electric and phone utility undergrounding; thus this parcel will receive 1.0 Benefit Factor. Notably, according to the County Parcel Map, this parcel has the above designated Assessor Parcel Number, however, referenced Parcel Map 74 -22 designates this parcel as one lot combined With APN 049 - 122 -30. Proposed Assessment District No. 92 —Area Genera0y Bounded by Riverside Avenue, Crdf Drive. Tustin Avenue and West Coast Highway for Undergrounding U011ties November 27, 2007 Page ■ Assessment No. 43, APN 425 - 471 -14 — This commercial lot on Tustin Avenue will have no service stubs available for electrical or phone connection, thus this parcel will receive a zero Benefit Factor. ■ Assessment No. 45. APN 049- 121 -23 —This commercial lot currently receives underground electrical from West Coast Highway. This parcel will receive partial utilities (phone) per plans; thus this parcel will receive a 0.5 Benefit Factor. ■ Assessment No. .49, APN 049 - 110 -25 — This commercial lot on the comer of West Coast Highway and Riverside Avenue currently receives underground utility service for electric and. phone from West Coast Highway; thus this parcel will receive a zero Benefit.Factor. Assessment . No. 5.1. APN 049- 110-30 — This commercial lot on Riverside Avenue has an established easement for poles and receives electric and phone service connection via Avon Street, which is located outside this utility plan improvementbourrdary thus this parcel will receive a zero Benefit Factor. Assessment,No. 52, APN 049- .110 -27 - This commercial lot adjacent to the Post Office.* is not a :stand -alone buildable .lot and will not be receiving, service: Further, this lot will always need to be connected to the adjacent lot, where the Post Office presides. Thus, parcel will receive a zero Benefit Factor. , Assessment No. 54, APN 049 - 103-17 —This commercial .parcel on the _n' 6ki west corner of Avon Street and Riverside Avenue will receive electric connection,from I., utility improvements. Phone service, stubbing will not be received; thus •. this parcel wil- receive a 0.5 Benefit Factor. The following were exceptions for the aesthetic View., enhancements of the neighborhood area special benefit: Assessment No., 50. APN 049- 110 -19 — This commercial property along West Coast Highway is already receiving underground utility service for electric and phone and served via an overhead feed from Riverside Avenue. Poles will be removed where utilities are received from behind parcel; thus this parcel will receive a 0.5 Benefit.Factor. n Assessment No. 51. APN 049- 110 -30 — This commercial property along Riverside Avenue is already receiving underground utility service for electric and phone and served via Avon 'Street. Poles along a portion of the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary, and poles along Riverside Avenue will be removed. As portions of the parcel that are not part of the district boundary, yet the predominant area of the parcel fronts Riverside Avenue and benefits with an neighborhood enhancement, this parcel is assessed 50 percent of lot area with a 1.0 Benefit Factor. Proposed Assessment District No. 92 —Area Generally Bounded by Riverside Avenue: cliff Drive, Tustin Avenue ad West Coast Highway for Undergrounding Udddes November 27.2007 Page 5 Assessment.No; 53, APN 049- 110-17 – This commercial parcel located at the southwest.comer of Riverside Avenue and Avon Street fronts Riverside Avenue where poles will be removed within the district boundary. Poles along .the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary. Thus, this parcel will receive a partial neighborhood enhancement and assigned a 0.5 Benefit Factor. Assessment No. 54, APN 049 - 103 -17 – This commercial parcel located at "the northwest comer of Avon Street and Riverside Avenue faces poles on Avon Street and will receive neighborhood enhancement with removal of poles fronting Riverside Avenue: thus parcel receives a 0.5 Benefit Factor. Drawings and specifications for this assessment district were prepared by SCE and AT &T. TimeWamer Cable facilities have been previously u.ndergrounded within the district boundary. Attached its a sketch showing the boundary of the proposed Assessment District No. 92 and the utilities to be undergrounded. Environmental Review: A. Notice of . Exemption was completed October 10. 2007 and filed with the County Recorder on October 10. 2007. Prepared 113r O jUris:Gee: P.E. Senior Civil Engineer Submitted by: C�(—Oen G. adurri Public Works Director Attachments: 1. Exhibit showing proposed boundaries of Assessment District No. 92 2. Resolution Receiving,a Petition for. Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for the Proposed District no. 92 3. Resolution Declaring Intention to Order the Construction of Certain Improvements: 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 Designate the Area an Underground Utilities District 4. Resolution Giving Preliminary Approval to the Report of the Assessment Engineer, Setting a Time and Place for a Public Hearing as May 8.2008: and Ordering the Intention of Assessment Ballot Procedures 5. Resolution Approving Utility Improvement Contracts for Utility Improvements 6. Utility Contracts for SCE and AT &T 7. Bond Counsel Agreement 8. Notice of Exemption 9. Engineer's Report [IV. x HI InN' N r. tan iDO o Lao zoa wa. 1'� tOC A.t PROPOSED BOUNDARIES OF- ASSESSMENT DISTRICT NO. 92 CITY OF NE"CRT BEACH. COUNTY' CF. ORAML STATE OF CALIFORNIA �ST / —INDICATES ASSESSMENT DISTRICT BOUNDARY — INOIGTES LOT LINE M9- 110 -2B INDICATES ASSESSORS PARCEL. NUMBER AT THE CITY OF NEWPORT BEACH DATE TIRE FEET INSTRUMENT BOOK PACE OF MAPS OF ASSESSMENTS AND COMMUNITY FACIL111ES DISTRICTS IN WE OFFICE OF THE RECORDER OF WE COUNTY OF ORANGE, STATE OF CALIFORNIA TOM DULY COUNTY CLERK- RECORDER BY DEPUTY EXEMPT RECORDING PER CC 6103 FILED IN WE OFFICE OF THE CITY CLERK OF THE CITY OF HEKPORT REACH THIS _ DAY OF 200— CITY CLERK 1 HEREBY CERTIFY THAT THE MAP SHO"NG PROPOBFO BOUNDARIES OF ASSESSMENT DISTRICT NO. 92 CITY OF NEWWORT BEACH. COUNTY OF ORANGE. WAS APPROVED BY THE CT' COUNCIL OF THE CITY OF NEBPORT BEACH AT A REGULAR MEETING THEREOF HELD ON WE BY ITS RESOWTKNFNO 200 CITY CLERK THE BOUNDARY OF THE PROPOSED ASSESSMENT DISTRICT COINCIDES NTH WE ASSESSOR'S PARCELS "THIN WE BOUNDARY SHOWN ON THIS MAP, FOR PARIICIILARS OF ONES AND DIMENSIONS OF ASSESSMENTS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE DIPANCE COUNTY ASSESSOR AND TRACT M. %9 RECORDED IN'BOOK 29 PAGE 32 AND TRACT N0. 1133 RECORDED N BOON 36 PACES 13 AND 14 BOTH OF MISCELLANEOUS MAPS AND PARCEL. MAPS FRED IN BOO( 73 PAM 22, BOOK 74 PACE 22 AND 122 PAGE Q. N' RESOLUTION NO. 2008 RESOLUTION DECLARING THE RESULTS OF THE BALLOT TABULATION, APPROVING THE ASSESSMENT ENGINEER'S REPORT, CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 92, ORDERING THE ACQUISITION OF IMPROVEMENTS, AND DESINATING 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. 92 (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 require 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 services; 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 final Assessment Engineers Report contains 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 EXHIBIT C 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, this City Council hereby determines that the ballots received by the City Clerk in opposition to the proposed assessment and weighted as required by the Assessment Law do not exceed the ballots received in favor of the assessment and similarly weighted and, therefore, a majority protest does not exist; WHEREAS, this City Council 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; 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, the proposed project is feasible, and the lands to be assessed will be able to carry the burden of such proposed assessment. 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 final 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. 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 herebyauthorized 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 bythe 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. rd 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. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of January, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk A Mayor 3300 Newport Boulevard Newport Beach, CA 92658 FINAL ENGINEER'S REPORT UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92 Prepared by: 1101111r" I fall & Foreman, Inc. January 22, 2008 EXHIBIT D City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No. 92 TABLE OF CONTENTS INTRODUCTION AND CERTIFICATIONS ............................................ ............................... 1 PART I Plans and Specifications .................................................... ............................... 6 PARTII Cost Estimate .................................................................... ............................... 7 PART III Assessment Roll and Method of Assessment Spread ........ ............................... 8 Exhibit" A .. ....................................................................................................... 11 Deflnition............................................................ ............................... 11 SpecialBenefit ..................................................... .............................12 Method of Apportionment ................................... ............................... 12 Safer and Improved Reliability ............................ ............................... 13 Exception........................................................... ............................... 13 Neighborhood Enhancement .............................. ............................... 16 Exception........................................................... ............................... 16 Incidental Bond Costs ........................................ ............................... 17 PART IV Annual Administrative Assessment .................................. ............................... 18 PART V Boundary Map and Diagram of Assessment District ........ ............................... 19 PART VI Description of Facilities .................................................... ............................... 20 Rlght•of -Way Certificate ................................................... ............................... 21 Certification of Completion of Environmental Proceedings ............................. 22 LIST OF TABLES Table1 Cost Estimate .................................................................... ............................... 7 Table 2 Summary of Costs and Expenses ...................................... ............................... 9 Table 3 Debt Limit Information ...................................................... ............................... 10 Table 4 Conversion to an Upgraded Underground Utility System . ............................... 14 Table 5 Conversion to Aesthetic View Enhancement to the Neighborhood Area......... 16 LIST OF APPENDICES Appendix "A" Appendix "B" Appendix "C' Assessment Roll Boundary Map Assessment Diagram Nall & Foreman, Inc. Table City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 AGENCY: CITY OF NEWPORT BEACH PROJECT: UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTION 10204 OF THE STREETS AND HIGHWAYS CODE WHEREAS, on January 22, 2008, 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, 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: CITY OF NEWPORT BEACH UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92 (hereinafter referred to as the "Assessment District" or "District ") The purpose of this Assessment District is to provide financing to underground power and telephone facilities in the area generally bounded by "Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway." Further detail Identifying the District boundary and location is shown on the Boundary Map available in Appendix B of this report. The proposed underground utility improvements will provide conversion to a more safe and reliable upgraded utility system, and will improve the neighborhood aesthetic streetscape and visual environment. The construction of these improvements will conform to existing City of Newport Beach, Southern California Edison and AT &T standards. Cable may already be undergrounded. Furthermore, Time Warner Cable is required per Franchise Agreement with the City to provide these services. By virtue of such improvements, the proposed improvements will enhance the value of the parcels within the District. Therefore, 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 Underground Utility Assessment District No. AD 92 (hereinafter referred to as the "Assessment District "), I, Jon E. Bourgeois, P.E., a Registered Professional Engineer and authorized representative of Hall & Foreman, Inc., the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated on the following page. Ifall & Foreman. Inc. - Page 1 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 PART This part contains the plans and specifications, which describe the general nature, location and extent for the proposed improvements, 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 parcels of land within the Assessment District, in proportion to the estimated special benefits to be received by such parcels 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, as near as may be determined, of the parcels of land and improvements which are propose 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 or from the administration and registration of any associated bonds and reserve or other related funds. 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, is 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 Nall & Foreman, Inc. Page 2 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 This Final Engineer's Report is submitted on January 22, 2008. HALL & FOREMAN, INC. Jon E. Bourgeols, P.E. R.C.E. No. 30242 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Foreinan, Inc. Page 3 Ctty of Newport Beach Final Engineer's Report for Underground Utility Assessment District Iyo.92 Final approval by the CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, on the day of 2008. 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 2008. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA & Foremn, Inc. Page 4 City of Newport Beach Final Engineers Report for Underground Utility Assessment District No. 92 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 200_. 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 , 200_, 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 200_. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, , 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 , 200_. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA Hall & Foreman, Inc. page City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 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. 92 in the area generally bounded by "Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway," which 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. The Plans and Specifications for the improvements are on file in the offices of the Superintendent of Streets. Hall & ForemaiL Inc. Page 6 City of Newport Beach FMal Englneer'3 Report for Underground UUllty Assessment District No. 92 Part II Cost Estimate Table 1 City of Newport Beach AD No. 92 Cost Estimate CONSTRUCTION COSTS' Telephone Construction Cost AT &T Civil Construction Contingency ( -10 %) AT &T Design Engineering Subtotal: Electrical Construction Cost SCE Civil Construction Contingency (-10%) SCE Design Engineering Subtotal: Street Rehabilitation Total Construction Costs, INCIDENTAL EXPENSES Assessment Engineering Contract Inspection Disclosure Counsel City Administration Financial Advisor Filing Fees Bond Counsel Paying Agent Financial Printing, Registration, and Servicing Incidental Contingencies Total Incidental Expenses: Total Construction & Incidental Expenses: $ 638,139.00 $ 638,139.00 $ 63,800.00 $ 63,800.00 $ 810,841.00 $ 810,841.00 $ 81,100.00 $ 81,100.00 $ 41,500.00 $ 41,500.00 $ 933,441.00 $ 933,441.00 $ 12,687.00 $ 12,687.00 $ 1,696,567.00 $ 1,696,567.00', $ 22,970.00 $ 22,970.00 $ 43,500.00 $ 43,500.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 3,000.00 $ 3,000.00 $ 20,50D.00 $ 20,500.00 $ 3,000.00 $ 3,000.00 $ 18,000,00 $ 18,000.00 $ 18,600.00 $ 18,600.00 $ 1,896,137.00 $ 3 COSTS Underwriter's Discount 1.10% $ Bond Reserve/ Credit Enhancement 7.00% $ Total Financing Costs: $ TOTAL AMOUNT TO ASSESSMENT: Notes: Number of Assessable Parcels Estimated Acreage of District Estimated Linear Feet of Construction 18, 2007 20,400.00 $ $ 2,053,537.00 $ 54 13.27 3,635 1,896,137.00 20,400.00!, 2,053,537.00 ' Time Warner Cable is required to pay for undergrounding through the Franchise Agreement with the City. Halt & Foreman, Inc. Page City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No. 92 Part III Assessment Roll and Method of Assessment Spread WHEREAS, on November 27, 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, 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. 92; 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, Jon E. Bourgeois, P.E., the authorized representative of Hall and Foreman, Inc., 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 relatlon to the estimated 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. & Foreman, Ina Page 8 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 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 percent 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 in Table 2, Summary of Costs and Expenses: Table 2 City of Newport Beach AD No. 92 Summar of Costs and Expenses Estimated Cos s and Expenses Preliminary Final Construction Costs $ 1,696,567.00 $ 1,696,567.00 Incidental Expenses $ 199,570.00 $ 199,570.00 Financing Costs $ 157,400.00 $ 157,400.00 2,053,537.00 2,053,537.00 For particulars as to the individual assessments and their descriptions, reference is made to Appendix A (Assessment Roll), attached hereto. 6. The Method and Formula of Assessment Spread is as set forth in Exhibit "A ", which Is attached hereto, referenced and so incorporated. 7. I, the undersigned Assessment Engineer, do hereby find that the total amount of the principal sum of the assessments proposed to be levied for the District, together with the principal amount of all other assessments levied or proposed to be levied on the properties within the District, as set forth above, does not exceed one -half (1/2) of the total true value of the parcels proposed to be assessed for the District. Dated: HALL & FOREMAN, INC. Jon E. Bourgeois, RE. R.C.E. No. 30242 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Hall & Foreman, Inc. Page 9 City of Newport Beach Final Engineers Report for Underground Utility Assessment District No. 92 Table 3 City of Newport Beach AD No. 92 Debt Limit Information' Description I Amount Estimated Balance to Assessment $ 2,053,537.00 Unpaid Special Assessments2 $ 0.00 TOTAL $ 2,053 537.00 True Value of Parcels $ 39,143 272.00 1. Required under Part 7.5 of Division 4. 2. Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than the Instant proceedings. True Value of Parcels means the total assessed value of the land and Improvements as estimated and shown on the last equalized roil of the County. Note: This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as it is not the responsibility of the Engineers Report. Half & Foreman, Inc. Page 10 City of Newport Beach Final Engineer's Report for Underground Ulifity Assessment District No. 92 EXHIBIT "A" 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 estimated special benefit that the properties receive from the works of improvement. In addition, Article XIIID, Section 4 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 requires that publicly owned property, which receive special benefit from the improvements, be assessed. 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 propertles 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 each 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 and direct 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 as well as 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 estimated special benefits received by each parcel within the Assessment District. Ballot tabulation will be finalized at that time and, if a majority of the ballots submitted, weighted by the assessment amount, are in opposition to the Assessment District, then the District must be abandoned. If this is not the case, then the City Council shall form the Assessment District and levy the special assessment against the parcels therein. The following sections set forth the methodology used to apportion the costs of the improvements for each parcel. Definition Parcel is defined as a legal, taxable parcel as shown on the assessor parcel maps as an assessor parcel number. Ball & Foreman, Inc. Page 11 City of Newport Beach Final Engineer's Report for Underground LOW Assessment District No.92 Special Benefit In further making the analysis, It Is necessary that the properties receive a special and direct benefit distinguished from general benefits conferred to the public at large. This District was initiated by property owners who petitioned the City to form a District to underground utility services. The proposed improvements (the undergrounding of power and telephone facilities) are all located along the streets within the boundaries of the District. The undergrounding will provide a safer and more reliable level of service to all properties being serviced, in that, all new wires and equipment will be installed underground reducing the threat of interrupted service due to downed power lines incurred by wind, rain or fire. In addition, undergrounding overhead utility lines will further prevent other hazardous situations that restrict or slow access to emergency personnel in event the utility lines are downed. The undergrounding of power and telephone facilities will also remove physical and visual impediments within the neighborhood streets, thus improving the neighborhood aesthetic streetscape and visual environment for parcels within the District. In this District, 100 percent of the cost allocation for the Improvements is for special benefit to the parcels within the District and there is no general benefit. By virtue of such benefits, the proposed improvements will increase the desirability and will specifically enhance the value of the properties within the Assessment District. The Assessment in this District has two components wherein 50 percent of costs are allocated for Safety and Reliability of Utility Undergrounding Installation, and the remaining 50 percent of costs are allocated for Aesthetic View Enhancement of Neighborhood Area: Method of Apportionment 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. The properties within this Assessment District are zoned for either residential or commercial, with 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 many 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. & foreman, Inc. Page City of Newport Beach Final Engineer's Report for Underground Utility Assessment District N0.92 The special benefits from undergrounding the overhead utilities are divided into two (2) categories, which are discussed below. These benefits are assigned Benefit Factors, which are multiplied by the parcel size, in square footage / acres, to calculate the Benefits Points for each parcel. The benefit formula is as follows: Aesthetic View Parcel Area Safety / Enhancement of Total (SF) x [ Reliability + Neighborhood ] = Benefit Benefit Factor Area Benefit Points Factor Based upon the findings described above, the special benefits received by the properties within the boundaries of the District are: 1) Conversion from an Overhead to Underground Utility System Resulting in Safer and Improved Reliability from the Upgraded Utility System; 2) Aesthetic View Enhancements of the Neighborhood Area due to the Removal of the Overhead Facilities and Opening of Neighborhood View Corridors. The two special benefits described above, are estimated to be of equal benefit to the parcels located within the District boundaries. Therefore, the total cost of the underground utility district formation assessment will be spread with approximately fifty percent of the costs to the parcels who benefit from the conversion from an overhead to an underground upgraded utility system, and approximately fifty percent of the costs will be spread to the parcels that receive the aesthetic view enhancement benefit to the neighborhood area. The following method for distribution of special benefit is described below: 1) Conversion from an Overhead to Underground Utility System Results in Safer and Improved Reliability from the Upgraded Underground Utility System All of these assessable parcels will have their overhead utility service converted to an underground upgraded utility system. All the properties will benefit equally from the underground upgraded utility system. Therefore, the properties will be assigned a benefit factor to each assessor parcel number based on lot area. The estimated cost of the underground upgraded utility system will be spread proportionally per benefit factor per parcel. The benefit factors for the Conversion to a Safer and Improved Reliability Upgraded Underground Utility System are as follows in Table 4: Hall & Foreman, Inc. Page 13 City of Newport Beech Final Engineer's Report for Underground Utflity Assessment District No. 92 Table 4 City of Newport Beach AD No. 92 Conversion to an Upgraded Underground tility System Zoning Lot Area SF Benefit Factor SP -5 Mariner's Mile Varies 1 R -1 Sin le Familv Residential I Varies 1 Exception(s) Certain parcels are receiving a partial utility installation and will be assessed based on the proportionate share of construction costs for type of utility improvement. Further details are available in the Assessment Roil located in Appendix A. Assessment No. 17, APN 049- 122 -22 — This is a commercial parcel has two (2) stub locations for connection to receive both electrical and phone; thus this parcel will receive two (2) Benefit Factors. Assessment No. 19, APN 049 - 122 -30 — This is a commercial parcel on Riverside Avenue. No service stubs will be available for electrical or phone connection, thus parcel will receive a zero (0) Benefit Factor. According to County Parcel Map, this parcel is designated with above listed Assessor Parcel Number; however, referenced Parcel Map 74 -22 designates this parcel to be designated as one lot combined with APN 049 - 122 -29. Assessment No. 20. APN 049 - 122 -29 — This is a commercial parcel on Riverside Avenue and will receive both electric and phone utility undergrounding; thus this parcel will receive 1.0 Benefit Factor. Notably, according to County Parcel Map, this parcel is designated with above listed Assessor Parcel Number; however, referenced Parcel Map 74 -22 designates this parcel to be designated as one lot combined with APN 049 - 122.30. Assessment No. 43, APN 425 - 471.14 — This is a commercial parcel on Tustin Avenue. No service stubs will be available for electrical or phone connection, thus parcel will receive a zero (0) Benefit Factor. • Assessment No. 45. APN 049- 121 -23 — This is a commercial parcel where it currently receives electrical undergrounding from West Coast Highway. This parcel will receive partial utilities (phone) per plans; thus parcel will receive a 0.5 Benefit Factor. • Assessment No. 49. APN 049 - 110 -25 — This is a commercial parcel on the corner of West Coast Highway and Riverside. Parcel is already receiving underground utility service for electric and phone from West Coast Highway; thus parcel will receive a zero (0) Benefit Factor. Hall & Foreman, Int. Page 14 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 Assessment No. 51. APN 049 - 110 -30 — This is a commercial parcel on Riverside Avenue. Easement has been established for poles. Receives electric and phone service connection via Avon Street, which is located outside of utility plan improvement boundary; thus parcel will receive a zero (0) Benefit Factor. ■ Assessment No. 52, APN 049-110-27— This is a commercial parcel adjacent to Post Office where it is not a stand -alone buildable lot and will not be receiving service. Further, this lot will always need to be connected to the adjacent lot where the Post Office presides. Thus, parcel will receive a zero (0) Benefit Factor. Assessment No. 54, APN 049- 103 -17 — This is a commercial parcel on the northwest corner of Avon Street and Riverside Avenue. This parcel will receive electric connection from utility improvements. Phone service stubbing will not be received; thus parcel will receive a 0.5 Benefit Factor. Hatt & Foreman, Inc. Page 15 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 2) Aesthetic View Enhancement of the Neighborhood Area is due to the Removal of the Overhead Facilities and Opening of Neighborhood View Corridors All of the assessable parcels will receive a neighborhood aesthetic enhancement benefit from the removal of utility poles and overhead utility lines. All parcels benefit from the enhancement of the neighborhood streetscape and the removal of obstructions near their properties and within the boundaries of the District. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility pole. Therefore, the properties will be assigned a benefit factor to each assessor parcel number based on lot area. The estimated cost will be spread proportionally per benefit factor per parcel. A summary of the assigned benefit factors are shown below on Table 5. Table 5 City of Newport Beach AD No, 92 Conversion to Aesthetic View Enhancement of the Nei h orhood Are Zoning Designation Lot Area SF Benefit Factor SP -5 Mariner's Mile Varies 1 R -1 Sin le Family Residential Varies 1 Exception(s) Certain parcels are receiving a partial utility installation and will be assessed based on the proportionate share of construction costs for type of utility improvement. Further details are available in the Assessment Roll located in Appendix A. Assessment No. 50, APN 049 - 110 -19 — This is a commercial parcel along West Coast Highway. Parcel is already receiving underground utility service for electric and phone and served via an overhead feed from Riverside Avenue. Poles will be removed where utilities are received from behind parcel; thus 0.5 Benefit Factor. Assessment No. 51, APN 049 - 110 -30 — this is a commercial parcel along Riverside Avenue. Parcel is already receiving underground utility service for electric and phone and served via Avon Street. Poles along a portion of the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary, and poles along Riverside Avenue will be removed. In that portions of the parcel are not part of the district boundary, yet the predominant area of the parcel fronts Riverside Avenue and benefits with an neighborhood enhancement, this parcel is assessed for 50 percent of lot area with a 1.0 Benefit Factor. Hall & Foreman, Inc. Page 16 City of Newport Beach Final Engineer's Report for Underground Utility Assessment Oistrtct No. 92 Assessment No. 53, APN 049 - 110 -17 — This is a commercial parcel located at the southwest comer of Riverside Avenue and Avon Street. This parcel is situated where it fronts Riverside Avenue where poles will be removed within the district boundary. Poles along the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary. Thus, this parcel will receive a partial neighborhood enhancement and assigned a 0.5 Benefit Factor. Assessment No. 54, APN 049- 103 -17 — Commercial parcel located at the northwest corner of Avon Street and Riverside Avenue. Property faces poles on Avon Street and will receive neighborhood enhancement with removal of poles fronting Riverside Avenue; thus parcel receives a 0.5 Benefit Factor. Incidental ang -B-o d Costs Incidental Expenses and Bond Costs have been assessed to the entire Assessment District on a prorated basis relative to the construction cost allocations. Hall & Foreman, Inc. Page 17 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No. 92 Part IV Annual Administrative Assessment District 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 and/or from the administration or registration of any bonds and reserve or other related funds. This maximum assessment hereinafter set forth, is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code, and said maximum assessment shall not exceed ten percent (10 %) of the annual assessment per individual assessment parcel per year. 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. Foreman, Inc. Page 18 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 Part V Boundary Map and Diagram of Assessment A reduced copy of the Assessment Diagram is 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 Ill. 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. (See Appendix "B" for Assessment Diagram). Hall & Foreman, Inc. Page 19 City of Newport Beach Finai Engineer's Report for Underground Utility Assessment District No.92 Part VI 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 constructed, installed, maintained, repaired or improved. For the general location of the Improvements to be constructed, reference 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 Underground Utility Assessment District No. 92, generally bounded by "Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway ". 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 Southern California Edison Company and AT &T will design the improvements. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company and AT &T. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his property necessary to connect facilities constructed by the public utilities in the public streets to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work executed by the assessment district. The estimated time for completion of the undergrounding of the facilities is approximately four (4) months from the start of construction. Property owners will be required to provide necessary underground connections within four (4) months of the completion of the entire 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. Overhead facilities cannot be removed until all overhead service has been discontinued. Neff & Foreman, Inc. Page 20 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 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 times 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, the "Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, as amended, for the construction of certain public improvements in a special assessment district known and designated as UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. AD No. 92. THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: It is acknowledged that the proposed Works of Improvement must be constructed 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 the commencement of any construction by the City of Newport Beach. EXECUTED this day of 2008, at City of Newport Beach, California. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA am Nall & Foreman, Inc. Page 21 City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No. 92 Certification 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 UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92 (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, as follows: The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstruction), 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 2008 at Newport Beach, California. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA IN Nall $ Foreman, Inc. Page 22 City of Newport Beach Final Engineer's Report for Underground UUlity Assessment District No. 92 APPENDIX "A" ASSESSMENT ROLL Hall & Foreman, Inc. Appenc& A City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 ASSESSMENT ROLL Hall & Foreman, Inc. Appendix A i I I 1 1 Neighborhood Total i Preliminary Final 01sWot Lot 1 Upgraded Utility Enhancement Benaea District Formation Formation Total ASMT. Acreage Lot Area i System (BamMt (Samara Fador) Points x ! Existing Total Assessment ABaeasntem (1st NO APN (ore) (af) , X i Factor) Per Lot + Per Lot = Lot Area I+1 Liens = (1st Bond Issue) Bond Issue) Total Value Value to Lien Ratio 1 049- 123 -081 _ 0.17 7,500 i X 1.. 1 +i .. 1 =� 15,000 41 $ _ $ 29,184.60 $ 29,184.60 $ 753,6961 26 _ 2 - 049 123.07 0.16 7020 i X ..,. 14,0401 +1 $ - _ $ 27,316.79 27,316_79 $_- 372,926 1 14 -- ..- 3_.... 049- 123 -06;_ _0.17_ 7,500 -_j X i _7 - T'.'- -___ + 1 _ _ - -_.. -_ _ ; _ 15,000 i +'1 $ -._ _ -$ - 29,184.60 _$ $ 29,184.60 $ _ - T 144,965 - - -_ 1 5 4 049- 123 -10 0.17 7,500 X 1 i +' 1 = 15y)00 1 +' $ - , _ $ _ 29,184.60 $ _ 29,184.60 $ 1,456,560 ! 50 5 049- 123-09 0.17 7,500 X 1 1 1 +� 1 = 15,000 +1 $ - _ $ 29,184.60 $ 29,184.60 $ 144,199 5 _ 6 049 - 123-04 017 7,500 , X 1 + 1 = +. $_ - _ $ 29,.184.60 $ 29,184.60 $_2,024,228 69 7 049- 123 -03� 0.17 7,500 i X ! 1,___ +1 _ 1. -__,__ _15,000 __ 15400 - +�$ - - $ 29184.60_ - $_ - q 29,184.60 $ 809,238 28 -- B 049- 123 -02 0.23 10101 X 1 + 1 20,202 +I $ _ $ 39,305.82 $ 39,305.82. $ 1,181,347 -- 30- 9 049- 123 -11 026 11,450 i X 1 1 i +1 1 = 22,900 +i $ - _ $ 44,555.15 $ 44,555.15 is 904,164 20 10 049 - 123 -321 0.14 6,097 X 1 +, 1 = 12,194 +; $ _ $ 23,725.13 $ 23,725.13 i $ 1,140,798 48 11 12 049. 122 -35 049- 122 0.17 0.2_6_ 7,592 X _ 71 +1 -- 1 1_- -= i 15,184 _ + $ - _ $ 29,542.60 $ 29,542.60 _ _ - L$ 738,768 25 -34 __11,400 _L- _X..._ 1 -- +1 _ 22,800 $ °..._$......._44,36059 $ 44,360.59 !_$__121,812 3 13 049. 122 -03; 0.14 6,000 i X i 1 +��_�1 ----- ��... _!�' _..__:..__ =I 12,000 +' $ - _ $ 23,947.68 $ 23,34788 $ 96,5371 -- 4 - -- 14 049- 122.04 0.17 7,580 i I I 1 I+ 1 =� 15,160 ':. +1 $ $ 29,495.90 $ 29,495.90 $ 928,5571 31 15 - 049- 122 -051 0.17 7,200 - -- X 7 _ �_- _-' 1 .. -_ = 14,400 1 +! $_ _ $ _28,017.22 $ 28,017.22 $ 351,037 13 16 04.9- 12.2-06 0.17 7,20_0- XL____ _ 7 -` _ +_ � 1 _ .. __ i 14 400 +;_$___ - ._.� __..,...1 -:.. __ $ 2_8,_0_1.7_.2_2_ .... _$ -� 28,_017.22 ._. - -$ _.._..... -_ -_ -_ 191,877 7 17 049- 122 -22 0.27 11,700_ X % 2 + 1 = 35,100 I +i $ - _ $ 88,291.96 $ 68,291.96 $ 1,135,713 17�� 18 049 -122 -25 J 0.09 3,900 X 1 !+ 1 = { 7,800 + $ - _ $ 15,175.99 $ 15,175.99 $ 573,592 38 19 049- 122 -30 0.1$ 7,800 )�_I �_ !+ 1 =1 $_ 15,175_99 1 $ 15,175.99 $ 274,422 18 20 049 - 122 -291 0.18 7,800:_ 1 i+ _ 1 = 1 15,600 $ 30,351.98$ 30,351;98 -$ -- 501,611 -__ -_- 17 21 049 - 122 -261 - 0,2_01. - -022 -_-8,880 , X.�.- 1 _�,+ 1 =,. 17,760 L +_':._$ _.. =_ $_34,554.56 $ 34,554.56 $ _ 553,362 16 22 049-122 -12 i 9,600 I X 1 +� 1 = j 19,200 +I $ - , _ $ 37,85629 $ 37,356.29 $ 18ti,120� 5 23 049- 122 -13 -- 0.21 9,324 _ X 1 +i 1 - I 18,648 +.$ _ 36,282.29 $ 93,305 3 24 049- 122 -14 0.25 11,011 X 1 +I 1- ='- 22,022 +I $ - 022 L_.�_..._.. _$_36,282.29..,...$_ -_ -- $ 42_846.88 $ -- 42 ,_846.88 $-- 1,530,000__ -36 -- 25 049- 122 -15 0.26 11,297 1 X - -_ 1 ....- - I+ - - -- 1 - -_ ... =' 22,594 I +i $ - - _ -- $'_43,959.79 $ 43,959 -79 $ - - -- 178,718 - - - - -4 26 049- 122 -16 0.27 11,850 X' 1+ 1 =! 23,700 +1 $ - _ $ 46,111.66 $ 46,111.66 $ 823,135 18 27 1049- 122 -17 0.26 71,520 1 '+ 1 = 23,040 +I $ - _ $ 44,827.54 $ 44827.54 $ 96,073 1 2 Hall & Foreman, Inc. Appendix A City of Newport Beach Final Engineeils Report for Underground Utility Assessment District Afo.92 ASSESSMENT ROLL (continued) Hag & Foreman, Inc. Appendix A I Nelghborh ood Total Preliminary Final District Lot Upgran Enhancement Benefit Distriefformation Formation Total ASAIT. Acreage Lot Area SYSM ( = I (a ran F=r � Points x i Existing fTOWAxvassment Assessment(Ist NO APN (at) X Factor) Per Lot + Par Lot = Lot Area 1 +1 I-lems (lstamaiIssue) Bond Issue) Total Value 1 V01W to Lien Ratio 28 049-122-18 0.25 10.855 X 1 +i 1 21,710 I +' $ - =�l �- -+� - - $ - --- 42239.83 - $ .. ........ 42.23983 $ _6 67�VOy 16 29 049-122-33 0.24 10.660 X 1 + I 1.3 01+1 $ - $ 41.481.03 $ 41.481.03 $ 261.934 6 30 049- 122 -20 021 9.176 X 1 + 1 18 - 352 1+1 $ -1 $ 3570637 $ 35.706.37 $ 1.007.855 28 31 049-122-21 3 11.200 1 X 22.400 1+1 $ - 43. 471 -C1 -2 6 11.248 X + 1 22496' +1 $ $ 43.769.10 $ 43.769-10 1 $ 97.496 2 33 425 -471 -02 019 8.280 X 1 16.560 + 32.219.79 $ 32.219.79 $ 67.391 2 - 3 4 4�471 03 017 7560 X 1 + 1 15.120 [+1 $ $ 29.418.07 $ 29.418.07 $ 82.819 3 35 425 -471 -04 0.16 0 9 + 13,800 +1 $ - $ 26 849.82 $ 26.849-82 -$- 1,624,310' 60 36 425-471-05 0.14 6.000 X 1 + 1 12.000 1+1 $ - $ 23'347.67 $ 23.347.67 $ 976'450 42 37 425-471-06 0.13 5.500 X 1 1 + 1 11.000 + $ - $ 21.402.03 $ 21.402.03 $ 1,376.530 64 38 39 425-471-07 425-471-08 018 7 Lx X 1 + 1+[ 15.40WO $ 29.962.84 $ 29.962.84 $ 1.625,000 54 0.19 40"V77.200 8.-700 280 1 16.560 $ J-1 t. $ 32.219-79 $ 32.219.79 $ 383,210 12 40 -W4�1 425-471-09 X 1 + 1 14.40D + $ $ 28,017.21 $ 28.017.21 $ 215063 8 1 _2 -12 5- 0. i 5 01 13.316 + $ 9.966.i3 25.908.13 $ 5 42 425-471-13 0.14 6.074 i X I +I 1 = 12,148 1 + $ 23.635.62 $ 23.635.62 $ ------- 582.768 1 26 425-,f71 -14 0.10 4458 X + 8 + igii.429 1 22 425-471-15 6.19 8,103 1 [EO X + -AL. 1 + $ $ 31.531.03 $ 31.531.03 $ 1.105.886 1 35 45 049-121-23 0-96 42.00 1 X 0. 6�N 1 + $ $ 1 22.575.29 $ 46 049-121-24 0.813 38.350 ! X -M ....... 1 +1 1 -i Z6 0 $ -1492SO 55 2�16 6.4T 18.200 1 X 1 1+1 1 =1-36,400 1+1 $ $ 76.i� .28 $ 70.82128 $ 1.910,161 1 27 48 049-121-22 0.43 18.900 1 X 1 +1 1 $ 73.545.17 $ 73.545.17 $ 629,721 1 9 49 04 9-110-26 0,39 16.790 32.667.28 $ V 6728 1.497.611 LI _L 46 so 049-110-19 0.30 13.000 X +! 19,500 +1 $ , $ 37.939.97 37.T39--M� $ 1.135.347 1 30 51 1049-110-30 0,61) ------- 26136 X --- 26.136 +1 $ - $ 50.851.23 $ --f--15.253.81 50.85 .23 $ 1,236,627 24 52 1 049-110-27 0.18 7.840 _j X 0 + l 7.840 $ $ 15.253.81 $ I 049-110-17 C1732 C 14. 21.000 +j $ k k - $ 40.85843 0.� 8.43 $ 300,4931 1 7 54 1049-LO2:17 0.38 16,500 1 X 0-5 + 1 0.5 16.500 1 + $ - $ 32.103.05 $T2.053.537.00 32,103.05 828.306 1 26 54 13.27 578.890 11.055.4561 $ - $2,053.537.00 i 3 00 1 $ T$$ 3. 39.143.272 1 Hag & Foreman, Inc. Appendix A City of Newport Beach Final Engineers Report for Underground Utility Assessment District No.92 APPENDIX `B" BOUNDARY MAP Hall & Foreman, Inc. PROPOSED BOUNDARIES OF ACCEPXNEWEDST i�D AT ME ASSESSMENT DISTRICT NO. 92 OW OF NEWN)RT BEACH. COUNTY OF ORANGE. STALE CIF CN MNIA ax DP NENPORT BEACH DATE �- ^- TIME PEEP ' / INSTRUMENTq PA ROO GE OF MAPS OF A99E96YIENT4 COMMUNITY FACAUTES OSIME IN THE OFFICE Of THE Dl OF T ME 019- 122 -16 123 -1] lv-I 122 RECOiODR T1iE COUNTY ORANGE. STAff 12Z -13 -18 Nl Q CALIFORNIA e- 122 -14 1u -33 TOM DALY 122- COUNTY a.ERiC- RECORDER ?J U-1 22 -13 BY 1 02 1 V „h DEPUTY O� -T1 E ff RECORDING PER GC 6103 12 \ 099 -122_ 049- 123-01 49 -122 -2 123 -11 048- 110-17 1C 9� 426 -471 -O fRN IN CITY CCIItlC Y THE ORT CF THE ae- 1 Ott ai aENPORT eEncH Txls — WY of EVI TH 049 -f82- 122-36 048- � *" 1z3-1z 049 42S 4A ae-�io- � IzaTD 049_{]2 -34 049- 4425- l 4. Tz3-a6 ax amR 049 -1u -u an 122- 123-0 ] 0 I HEREBY CERTIFY THAT ME MAP SH(ANNC 1,o- 049 - 110-30 / 4z6- PROPOSED BOUNOARB!S OF ASSESSMENT i �9- \ 049 - 4]1-06 BISTRICT NO. ,z CITY OF WWORT MACK 044_ / Ca1NTY OF Omm 1TA5 APPROWD BY THE 424 , CITY COUNCIL OF THE CITY OF NEWORT BEACH AT A RE6 R MEETING THEREOF HELD ON THE 049- tzt -19 049- 471 -M DAY OF - 200 - 049 - 110-25 SY ITS RESOLUTION NO. \ \ 4� 4]1 -OT 426- \ / \ 049- 121 -24 471-08 OTY a K 049- IZf -Y! 42 \ 4ll� \ 41-12 THE BOUNDARY OF ME PROPOSED ASSESSMENT AMICT CONC WTH THE ASSESSORS 049 - 121 -2t 425- PARCELS WTHIN THE BOUNEA,Y SHOMN ON THIS 471 -13 MAP. FOR PAIIMCU VTS OF UNES AND \ 425- Rte MAX % 471-14 ARPO�CEI.SO IS TO WE M� OP CO\ ME ONANI£ COUNTY A96ES6Wt AND TRACT NO. 919 RECaR0E0 IN 600C 29 PACE 32 AND 42S- TRACT NQ 1133 RECOROtM) IN BOCK SB PAO6 an -16 13 AND 14 BOTH OF MISCELLMIEOIS MAPS AND PM MAPS FE}]T IN BOOC 73 PACE 22 �r 8001( 74 PAGE 22 AND 122 PAGE a6. LEGEND �INdCATES ASSESSIMEHT pI51RICT BWNID B _714 '.IF 048- 122 -z9 8049- 122 -30. wn 4D E N 41 OF TR. NO.1133. M.M. 36/13814 ICATRS CAT UK BFRE LON60UDAff0 ml 1 PARCEL BY 049-110 -25 INDICATES aceeee.mc PARCH. NIA/BEIC I'M PARM. MAP NO. 74/22 DIIT NAVE NOT �U■ BEEN GR411 A NEW A54S60R5 PA NUMBER _ IFpnMNV� t•. 100 WPMp AM ICI .4P4PMmW9�BIM�W- mlTaPMC'MlT f6i 100 D iM ]DD soda 1 s 100' MI ' City of Newport Beach Final Engineer's Report for Underground Utility Assessment District No.92 APPENDIX "C ASSESSMENT DIAGRAM Hall & Foreman, Inc. Page Appendix C ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT N0, 92 ACCEPTED AND HIED AT TIE CM OF NEMPORr BEAGM. CWNTY W ORANGE. STATE OF CAUFg2NIA REQUEST OF CITY OF NEwPDRT BEACH DATE �- -� TIME fffS ENT / / BOOK BOOK PAGE �I U-1 AND CDM OM- tY1 -18 ia2 -1] 069- OF MAPS OF SIN 122-15 122 -18 MILT M ME OF TI / 34- REcoR" CWNTY W GRMGE. STATE 122-33 a CALIFORNIA. TOM MY - 122-14 ® z8 z] 12 -2 MUTY CLERK - RECORDER 39- z{ _ Ong- 103-1] 12z -1s � 3p C, a3 / taea BY MUTY �O �11 Ia3:) y_122 -i T PER 3 O tz3-DS T4 E>&AIP RECGRLMG w Sim O © 1zz � 21 tz3-it 13 3 _ 6 MIID IN 1FIE OFFICE W THE CITY a DF Q 8 {2S {7F-GI TIE OW NENPORT 049 - 110-1] _ OG BEAW THIS 123504 ® DAY OF 200 f22-JS 019- O 9-lYl- - t9 11 123-12 123-10 / 11 2] 10 { dTY C/FRK O 52 OM 18 39- 1zz-3{ {�� 39- 122 -22 9- 123- 425 - t2 m -3 10-1 09110 -30 `7O 1] pp_ t 0] �y. REGORGED IN WE OF:T¢ CF THE wPERINTDlODIT 91 [� zz -05 z {2Fr a% CIF s1REEi CITY OF wv%PCRr BEACH THIS {]1 -os S' tB _�.. DAY pF z0p_ 132901 0f9_ 15 123 -OB / 471-08 049- 121 -18 14 D{9- 1 1 Oj 3 O{] 13 {]R5 %PERINTERMW CIF STLEL'IS \ \ ® AN ASSEWMENT wns lEAED BY RE aw PARCELS 4,1-08 LAND 35- 121 -z{ SH OI ON THIS ASSE�59 w SAO A99E99MDST wm LEMED 02 THE 39- 121..22 DAY B' 2A0- REFERENCE a _ MBFFiCE 01, W SUPERINTENDENT RECORDED 1, N o1-12 AGAN E PARCELS ASSESSMENT t-E EDE 425- 61 SILOwN ON THIS A95ESSMENT DIAGRAM. 34- 121 -23 471 -13 25_ 42 CITY CIEPK S% O 71 113 w UNDARYHE ROE�ENT C � ISM! PARCELS WMM ME BOUNDARY SHOYM M TRS Oqs% 4i1 W. PER PARTICULARS OF LINES MO N /(1� / 0MENSKM of, A93ESSYENTS w � _ �7 PARCM& REF1A£IX£ IS MADE To THE MAPS OF �R% ® LEGEND TE ORANGE CWNTY ASSESYJR AND m NO. 819 REGORGED N BOdL M PAW 32 AND TRACT W. 1133 RECORDED IN BOOK W PAGES INOCA FS ASSESSMENT amcr BOUNDARY 13 AND 14 BOTH W MISCEELPf1EWS YAPS AND INDICATES LOT LIKE PARCEL MAPS FILED IN B 73 PAGE 22. M W 39-122 -29 k OM -122- 30. LOTS 40 k — H CIF W. NO. 1133. M.M. W/IU,14 BOO( 74 PAGE zz AND 122 PAGE M. %ERE OONSOLWATED INTD 1 PARCEL BY OM- 110-25 INDICAIES ASSESSOLS PARCEL NLMEER PMR}1 MAP M ]4/22 WT HAVE NOT GfWN A NEW A>SE39DR5 d IN0CAMI ASSESSMENT NUMBER PARCEL \ NUMBER �!� lm{1 OL 1'Vavauwy lilli. Q�(� 100' ®W AodO�tl• q•NBI TWf "°°°"'1m - AAy.fA9ffif °Y'61T 1Dp D t40 2m IMmo 1 Requesting Department: Public Works Ocean Front Street End Improvements �5 'F ' i�L ., m_.: .,_T.. _ :......_.. _ .1. Y n .a ..... ion 6, Requesting Department: Public Works Department Priority: High Project Title: Ocean Front Street End Improvements Rebud et Recurring Program I New Project [ x] Capital Improvement [ ] Capital Maintenance Repair [ ] Capital Purchase Location: The GIS grid is 0-3 and P -3. Map Attached Photos Attached _� �Sl}��tl�t! }Il�lill l�fl _( ",IIIMW - -t-�e .. i att „� .�- :s :r!' rui PhP I Tide and Submerged Lands x General Fund Gas Tax I Grants / Contributions Traffic Congestion Relief Environmental Grants / Contributions " Traffic Impact Fees (Transportation / Circulation Building Excise Tax Measure M Turnback J 1 Water Enterprise Measure M Competitive Wastewater Enterprise Arterial Highways Rehabilitation Program x Other: Ocean Front Encroachments * Grant/Contribution Source: Oceanfront Encroachments will provide 100% of the anticipated funding. ( ....__ i it iati on y 9 v F [x] Streets and Drainage [ ] Facilities [ ] Water Quality and Environmental [ ] Water [ ] Parks, Harbors, Beaches [ ] Wastewater [ ] Traffic [ ] Miscellaneous �j New Funds Requested $150,000 Funds Rebudgeted from FY 2007 -08 $ Sum of New + Rebudget $ $150,000 Project Management: [ x ] Public Works [ ] Department —Staff Name: Stephen Luy Form re ared b : Peter Tauscher I Phone: 644 -3316 Provide a concise project description below: What, When, How, and Why This project will consist of constructing curb, roadway, sidewalk, planters, landscaping, irrigation systems, driveway approaches, and adjusting City -owned utility frames and covers to finished grade to match 33 previously constructed Street Ends. This Project will require a California Coastal Commission Permit. The project will include Summit, Olive and Colton Streets. Requesting Department: Public Works Ocean Front Street End Improvements Iili .v!-I .. 4t I,� II II'i w - .- 341(�I��I�i�iitl} .I tl ill�� IR �� VIII II�t ilf:'�11H,� .L,f�" j11i F4{ SR vEb. r,¢t #:- asa^s.E Ei' 09M 10" Project Schedule: Item Date or Duration (days) Comments Permitting 90-days Design 90 -days Award 30 -days Commence Work Completion 120 -days Other Please list any seasonal considerations or restrictions (e.g. boat parade, special events, city programs, winter rain, environmentally protected seasons, grant deadlines, etc.): Permitting form California Coastal Commission and bad weather may change the completion date. Department Staff Date M A Comments Public Works Bob Stein 1118107 General Services Utilities Buildin Other. List all stakeholders and describe their potential interests or Issues; for example, neighborhood HOAs, citizen groups or organizations, utility companies, other public agencies, school district, environmental groups, etc. Describe any outreach efforts made to date or planned for the future. Describe any considerations given to quality of materials or products to be used In the project relative to long term cost effectiveness. What Is the proposed life of the Improvement? Does the life of the materials match? Have you Investigated other options and evaluated the cost effectiveness of the project? Are materials known to be effective in a marine environment? Please answer the following questions. Elaborate where necessary. 1. Does the project affect or modify existing Improvement (e.g. relocation of irrigation, replacement of conduit, demolition of concrete)? [ x ] Yes [ ] No 2. Is the project in a coastal zone? Will Coastal Commission permitting be required? [ x ] Yes [ ] No 3. Will the project affect wetlands or is it in a wetlands area? [ ] Yes [x ] No 4. Will the project require ongoing monitoring to meet permit requirements? [x ] Yes [ ] No 5. Will traffic control or road closures be needed during construction? [ x] Yes [ ] No Requesting Department: Public Works Ocean Front Street End Improvements 6. Will public outreach be needed during design and /or construction? [ x ] Yes [ ] No 7. Once project is completed, will regular, ongoing maintenance be required that is not currently in the budget? [x ] Yes [ ] No If so, who will be responsible for maintenance? At what annual cost? S. Can the project be phased if budgetary constraints require limited funding in a given year? NO What would they be? Will the construction of this project trigger the need for improvements in areas neighboring the project site? [ x ] Yes [ ] No 9. Are there other amenities in the general area that may need to be improved at the same time as this project? What is the condition of underground utilities, sewer lines or water lines at the project site? Is it cost effective to expand the project to include improvements to nearby facilities? 10. Are there economies of scale available to combine this project with another? Which project(s)? 11. Does the project require environmental documentation for CEQA or NEPA? [ ] Yes [x ] No What level? 12. From where did this project idea originate? Attach copies of pertinent letters or emails. [x ] Staff [ ] Citizen Request [ ] City Council [ ] Other: Grant related projects 13. Are there project deadlines to receive funding? [ ] Yes [ ] No Explain: 14. Are there restrictions on the use of grant funds? [ ] Yes [ ] No 15. What are the City's obligations to receive and use grant funds (e.g. financial matches, ongoing maintenance)? Requesting Department: Public Works Ocean Front Street End Improvements PROJECT COSTS If additional space is needed, the Project Costs form may be reproduced as necessary or in Excel. Item Task Description FY 08 -09 FY 09.10 FY 10 -11 FY 11 -12 FY 12 -13 1 Environmental / Permits 2 Design 3 Right -of -way / Land Acquisition 4 Architectural Services 5 Construction 80,000 6 Construction Management 10,000 7 Construction Inspection 8,000 8 Insurance (Builder's Risk) 9 Utility Connections 10 Surveying 11 Geotechnical Services / Materials Testing 12 Site Preparation 7,000 13 Landscaping 14 ADA Improvements 15 Printing and Incidentals 16 Furniture, Fixtures, Equipment 17 Other: 18 Other: 19 Other: 20 PROJECT CONTINGENCY (30%) 45,000 TOTAL $150,000 $ $ $ $ CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT IG % d i �e Wn i. 7 e D Al 1''!ILI V Agenda Item No. 16 November 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE.CITY COUNCIL FROM: Public Works Department Ins Lee 949 - 644-3323 or ilee @city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 92 – AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY- FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT RECOMMENDATIONS: Adopt the following Resolutions for Proposed Assessment District No. 92: a. Resolution No. 2007- — Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for Proposed Assessment District No. 92. b. Resolution No. 2007- Declaring Intention to Order the Construction of Certain Improvements in Proposed Assessment District No. 92; 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 Designate the Area an Underground Utilities District. c. Resolution No. 2007- Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 92, Setting a Time and Place for a Public Hearing as January 22, 2008; and Ordering the Intention of Assessment Ballot Procedures. d. Resolution No. 2007- Approving Utility Improvement. Contracts for Utility Improvements for Assessment. District No. 92. 2. Approve the Bond Counsel Agreement with Robert Hessell and authorize the Mayor and City Cleric to execute the Agreement. DISCUSSION: Proposed Assessment District No. 92 is for the conversion of existing overhead utilities to underground locations. Property owners within the proposed Assessment District bound'a.ry, will bear the cost of the improvements and associated proceedings. Property owners located in Proposed Assessment District No. 92 submitted petitions to the City requesting formation of a special assessment district to underground overhead utilities. To date, City Council has approved a total appropriation of $112,970 for the Proposed Assessment District No. 92 —Area Generally Bounded by Riverside Avenue, Cliff Drive, Tustin Avenue and West Coast Highway for Undergrounding Utilities November 27, 2007 Page 2 preliminary stages of this project including $22,970 to retain the firm of Hall & Foreman, Inc. as the assessment engineer, and $41,500 and $48,500 to SCE and AT &T respectively to prepare the engineering drawings. On January 18, 2005, Hall & Foreman certified signed petitions submitted by 61 percent of owners with assessable property within proposed Assessment District No. 92. The Municipal Improvement Act of 1913 governs the procedures used to create the Assessment District. Bonds issued under the Improvement Bond Act of 1915 carry a 20 year term and are issued to finance assessments not paid in cash within 30 days after confirmation of the assessment. The estimated total cost for Proposed Assessment District No. 92 is as follows: ITEM COST Cost of Construction $1,696,567 Incidental Costs and Expenses 199,570 Financing (Bond) Costs 157,400 Estimated Total Cost: $2,053,537 Estimated cost do not include the Federal Income Tax Component of Contribution (ITCC) tax, which is a betterment tax. The Bond Reserve for this district is estimated at seven percent. Property owners paying their assessments in full during the 30 -day cash payment period waive the financial cost of issuing and servicing the bonds and receive a discount of approximately 7.67 percent. In addition to the payment of the assessment, each property owner is responsible for the costs of converting the overhead service connection to receive the new underground service. The cost to the property owner for this conversion varies depending on the condition and location of the current electrical service. Each property owners is encouraged to contact a licensed electrical contractor to assess the particular needs of the property. The following is a tentative schedule for proposed Assessment District No. 92: Resolution of Intention November 27, 2007 Property owner information meeting January 10, 2008 Public Hearing January 22, 2008 Public utilities commence work March 17, 2008 City notifies property owners to install service connections July 14, 2008 Property owners complete conversions November 14, 2008 Public utilities begin to remove overhead structures January 5, 2009 Public utilities finish removing poles and overhead structures March 31, 2009 The Assessment Engineer used a benefit points methodology to apportion assessments within this District. The special benefits from undergrounding the Proposed Assessment District No. 92 —Area Generally Bounded by Riverside Avenue, Cliff Drive, Tustin Avenue and West Coast Highway for Undergrounding Utilities November 27, 2007 Page 3 overhead utilities were divided into two categories: 1) Conversion from an overhead to underground utility system resulting in safer and improved reliability from the upgraded utility system. 2) Aesthetic view enhancements of the neighborhood area due to the removal of the overhead facilities and opening of neighborhood view corridors. These benefits were assigned Benefit Factors, which were multiplied by the parcel size to calculate the Benefits Points for each parcel as follows: Aesthetic View Parcel Area Safety & Enhancement of Total (SF) X [ Reliability + Neighborhood ] = Benefit Benefit Factor Area Benefit Points Factor For parcels located within the District boundaries, the two benefits described above were estimated to be of equal weight. Therefore, the total cost of assessment for the underground utility district formation will be distributed with approximately fifty percent of the costs to parcels that benefit from the conversion from an overhead to an underground upgraded utility system and approximately fifty percent of the costs will be distributed to the parcels that receive the aesthetic view enhancement benefit to the neighborhood area. The range for the estimated assessment costs per parcel is $8,673.66 to $149,230.55. Assessments vary over a wide range due to the variation of property sizes, uses, and the degree of undergrounding required. Some exceptions were taken for parcels that did not fall neatly into the benefit factor criteria. The following were exceptions for the safety and reliability conversion benefit: ■ Assessment No. 17, APN 049 - 122 -22 — This commercial lot has two stub locations for connection to receive both electrical and phone; thus this parcel will receive two Benefit Factors. ■ Assessment No. 19, APN 049 - 122 -30 — This commercial lot on Riverside Avenue will have no service stubs available for electrical or phone connection, thus this parcel will receive a zero Benefit Factor. According to the County Parcel Map, this parcel has the above designated Assessor Parcel Number; however, referenced Parcel Map 74 -22 designates this parcel as one lot combined with APN 049 - 122 -29. ■ Assessment No. 20, APN 049 - 122 -29 — This commercial lot on Riverside Avenue will receive both electric and phone utility undergrounding; thus this parcel will receive 1.0 Benefit Factor. Notably, according to the County Parcel Map, this parcel has the above designated Assessor Parcel Number; however, referenced Parcel Map 74 -22 designates this parcel as one lot combined with APN 049 - 122 -30. Proposed Assessment District No. 92 —Area Generally Bounded by Riverside Avenue, Cliff Drive, Tustin Avenue and West Coast Highway for Undergrounding Utlllties November 27, 2007 Page 4 • Assessment No. 43, APN 425 - 471 -14 — This commercial lot on Tustin Avenue will have no service stubs available for electrical or phone connection, thus this parcel will receive a zero Benefit Factor. • Assessment No. 45, APN 049 - 121 -23 — This commercial lot currently receives underground electrical from West Coast Highway. This parcel will receive partial utilities (phone) per plans; thus this parcel will receive a 0.5 Benefit Factor. • Assessment No. 49, APN 049 - 110 -25 — This commercial lot on the corner of West Coast Highway and Riverside Avenue currently receives underground utility service for electric and phone from West Coast Highway; thus this parcel will receive a zero Benefit Factor. • Assessment No. 51, APN 049 - 110 -30 — This commercial lot on Riverside Avenue has an established easement for poles and receives electric and phone service connection via Avon Street, which is located outside this utility plan improvement boundary; thus this parcel will receive a zero Benefit Factor. • Assessment.No. 52, APN 049 - 110 -27 - This commercial lot adjacent to the Post Office is not a stand -alone buildable lot and will not be receiving service. Further, this lot will always need to be connected to the adjacent lot where the Post Office presides. Thus, parcel will receive a zero Benefit Factor. • Assessment No. 54, APN 049 - 103 -17 — This commercial parcel on the northwest corner of Avon Street and Riverside Avenue will receive electric connection from the utility improvements. Phone service stubbing will not be received; thus this parcel will receive a 0.5 Benefit Factor. The following were exceptions for the aesthetic view enhancements of the neighborhood area special benefit: Assessment No. 50, APN 049 - 110 -19 — This commercial property along West Coast Highway is already receiving underground utility service for electric and phone and served via an overhead feed from Riverside Avenue. Poles will be removed where utilities are received from behind parcel; thus this parcel will receive a 0.5 Benefit Factor. Assessment No. 51, APN 049 - 110 -30 — This commercial property along Riverside Avenue is already receiving underground utility service for electric and phone and served via Avon Street. Poles along a portion of the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary, and poles along Riverside Avenue will be removed. As portions of the parcel that are not part of the district boundary, yet the predominant area of the parcel fronts Riverside Avenue and benefits with an neighborhood enhancement, this parcel is assessed 50 percent of lot area with a 1.0 Benefit Factor. Proposed Assessment District No. 92 —Area Generally Bounded by Riverside Avenue, Cliff Drive, Tustin Avenue and West Coast Highway for Undergrounding Utilities November 27, 2007 Page 5 Assessment No. 53, APN 049 - 110 -17 — This commercial parcel located at the southwest corner of Riverside Avenue and Avon Street fronts Riverside Avenue where poles will be removed within the district boundary. Poles along the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary. Thus, this parcel will receive a partial neighborhood enhancement and assigned a 0.5 Benefit Factor. Assessment No. 54, APN 049 - 103 -17 — This commercial parcel located at the northwest corner of Avon Street and Riverside Avenue faces poles on Avon Street and will receive neighborhood enhancement with removal of poles fronting Riverside Avenue; thus parcel receives a 0.5 Benefit Factor. Drawings and specifications for this assessment district were prepared by SCE and AT &T. TimeWarner Cable facilities have been previously undergrounded within the district boundary. Attached is a sketch showing the boundary of the proposed Assessment District No. 92 and the utilities to be undergrounded. Environmental Review: A Notice of Exemption was completed October 10, 2007 and filed with the County Recorder on October 10, 2007. Prepared by: ./`/ fo(\.lris Lee, P.E. Senior Civil Engineer Attachments: Submitted by: *epKen G. l8-adum Public Works Director 1. Exhibit showing proposed boundaries of Assessment District No. 92 2. Resolution Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for the Proposed District no. 92 3. Resolution Declaring Intention to Order the Construction of Certain Improvements; 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 Designate the Area an Underground Utilities District 4. Resolution Giving Preliminary Approval to the Report of the Assessment Engineer, Setting a Time and Place for a Public Hearing as May 8, 2008; and Ordering the Intention of Assessment Ballot Procedures 5. Resolution Approving Utility Improvement Contracts for Utility Improvements 6. Utility Contracts for SCE and AT &T 7. Bond Counsel Agreement 8. Notice of Exemption 9, Engineer's Report AND F OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 92 ACCEPTED AND REQUEST OF AT HE CITY OF NEWPORT BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA CITY OF NEWPORT BEACH TIME F1:E>j NSTRUMENT / INSTRUMENT BOOK PAGE / FA MAPS O ASSESSMENTS AND COMMUNITY 049- 049- FACILITIES DISTRICTS IN THE OFFICE THE 049- 122 -16 122 -17 049- RECORDER OF THE COUNTY OF MANGE. STATE 133 -15 1]]_18 069- O CALIFORNIA. 09- 133 -14 133 -33 a9 TOM DALY 133 -2 COUNTY CLERK - RECORDER 049- N9_ V BY ro 048- 103-1) 03 122 -21 049- 21 1, EWTY S 49 -133 -1 049- EXEMPT RECORDING PER GC 61W 133 -03 049- 123-04 9- 133 -29 133-11 Z W9- 110 -17 049- 435 -471 -01 FILED IN THE OFflCE OF THE CITY CLERK OF THE 0a9_ 123 -09 TTT CITY OF NEWPORT BEACH THIS _ DAY OF 049 -132 -3 133 -35 049- _ 30p 1 ,23 -12 435 -471 -0 / 049 6 _ , 49- 2 27 3) 5 41_ OW- 133 -30 049- 01 -03 (V 133 -08 CITY CLERK O 049- 133 -22 425 - Lj 048- 049- 01 -04 9- 133 -0 133 -07 I HEREBY CERTIFY THAT THE MAP SHOWING 11 049- 435- PROPOSED O' ASSESSMENT W9- 110 -30 �i/� 1 2- . 92CI Y NEWPORT BEACH. 069- 01 -05 DISTRICT N0. 93 CITY 0a9_ ORANGE, WAS APPROVED BY THE 123 -DO COUNTY A 133 -OB / N NEWPORT BEACH 435_ CITY COUNCIL O THE CITY R 099- I 471 -08 AT A REGULAR MEEIMK THEREOF HELD d-I THE 049- 131 -18 33_0 DAY OF 200_ 049 - 110-35 BY ITS RESOWlION N0. 625- \ \ 47 425 \ / \ 049- ,2, -24 471 -OB CITY CLERK 049- 121 -22 425- 01-09 \ \ 425- 471-12 THE BOUNDARY OF THE PRGEOSED ASSESSMENT DISTRICT COINCIDES WITH THE ASSESSOR'S 049- 121 -23 425 PARCELS WITHIN THE BOUNDARY SHOWN ON THIS 471 -13 MAP, FOR PARTIWLARS OF LINES AND ST MAAPPSSOF 471514 PARCEL REFERENCEEIIS MADEpTOATHE THE ORANGE COUNTY ASSESSOR AND TRACT NO. co N A O 11133 N 425_ TRACT NO RECORDED BOOK 36 PACES 471 -15 13 AND 14 BOTH OF MISCELLANEOUS MAPS AND BOOKEJ4 MAPS PAGEF22DAIID BOOK 73 AGE 22, Y LEGEND — INDICATES ASSESSMENT OISTRICT BOUNDARY — INDICATES LOT ❑NE 049- 110 -25 INDICATES ASSESSORS PARCEL NUMBER IFW■ Hall r aYy Inc. os�,3 N, NorA q ft 1"= 100' tia Ltiv9a 9YN �W .hre.G N� .�TRI mSbm 1ao o mo zoD � xeM 1 "= 100' meI ' 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. 92 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. 92 (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 Hall & Foreman, Inc. is hereby appointed the Assessment Engineer for the Assessment District. 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 under the Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the special improvement fund. Any funds transferred into the special improvement fund (other than proceeds from the sale of Assessment District bonds and cash collections) shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Streets and Highways Code of the State of California. E PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor RESOLUTION NO. 2007- RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 92, 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. 92 (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, togetherwith appurtenances and appurtenantwork 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 descri bed 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 appurtenantwork thereto, all to serve and specially benefit the properties within Assessment District No. 92. B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineer's Report (described below) and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineer's Report. D. The description of the improvements contained in this Resolution is general and the plans and profiles of the work as contained in the Assessment Engineer's Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The improvements are of special benefit to the real 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. 92," 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. 2 REPORT OF THE ASSESSMENT ENGINEER SECTION 3. The proposed improvements are hereby referred to Hall & Foreman, Inc. (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 XII ID 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, etseq.), which bonds shall be issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above; all of the improvements shall be constructed pursuant to the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the "general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment;' C. For the maintenance of the improvements; or D. To call bonds. 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. 0 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: Iris Lee, Senior Civil Engineer City of Newport Beach P.O. Box 1794 Newport Beach, California 92658 (949) 644 -3323 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 forthis Assessment District to be accomplished. The Assessment Engineers Report; upon adoption, shall provide certification that the land, rights -of -way oreasements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the City-will not obligate itself to advance available funds from the City treasury to cure any deficiency that may occur in the bond redemption fund for the Assessment District. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds, UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is also the intention of this legislative body with respect to the improvements to be owned, managed, or controlled by any other public agency, regulated public utility, or mutual water company, priorto ordering the construction of improvements, 5 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 27th day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk R Mayor RESOLUTION NO. 2007- RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 92 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. 92 (hereinafter referred to as the "Assessment District ") to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code Of, the State of California (the "Act "); WHEREAS, the 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 ") forthe 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; 1' B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective real property interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several property interests in the Assessment District; in proportion to the estimated special benefits to be received by such property interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the :Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE.IS HEREBY given that the City Council of the City Of Newport'Beach will hold a public hearing on the assessment district, the proposed 'assessment's, 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 January 22, 2008 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 Recorder within fifteen (15) days of the adoption of this resolution; said boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 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. 92 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. 92 (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: 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 - letter 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 27th day of November 2007. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 2 Mayor Form ACW -F Rev. 6/19/06 AT &T Project #5926363 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 September 25, 2007 City of Newport Beach Department of Public Works 3300 Newport Blvd. Newport Beach, Ca. 92658 -8915 ATTN: Iris Lee 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. 92 to underground. The Assessment District is comprised of West Coast Highway and Tustin Avenue in Newport Beach CHARGE FOR CUSTOM WORK: FIXED CONTRACT PRICE: $686,639.00 Applicant has asked AT &T to perform the above - descrlbed custom work for which Applicant shall pay AT &T the amount of Six Hundred and Thirty Eight Thousand One Hundred and Thirty Nine Dollars and No Cents! $638,139.00 in advance of the start of any AT &T work. This amount is less the deposit of $29,000.00 received on August 25,2006 and $19,500.00 received on September 11, 2007. 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 Six Hundred and Eighty Six Thousand Six Hundred and Thirty Nine Dollars and No Cents $686,639.00 is valid for only two hundred and eighteen (218) days and is therefore subject to change after April 30, 2008 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. Also, this pricing must remain valid until April 30, 2008 per the actual scope of the bid. Form ACW -F Rev. 6/19/06 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 Name: Title: Date signed: ACCEPTED FOR AT &T: By: A, Printed a e: JEFFRELf Q,nn�ztuc�� Title: mraN a�1z2 �d�rc� er r2 Date signed: g -2.5 a7 AERIAL TO UNDERGROUND CONVERSION AGREEMENT CITY OF NEWPORT BEACH and PACIFIC BELL TELEPHONE COMPANY DBA AT &T CALIFORNIA (AT &T To Construct USS) (Rule 32(A)(2)) m ASSESSMENT DISTRICT #92 WEST COAST HIGHWAY AND TUSTIN AVENUE, NEWPORT BEACH Aerial to Underground Conversion Construction Agreement (Rule 32(A)(2)) where AT &T construct USS WEST:32a747 (rev. 4110106) TABLE OF CONTENTS I. DEFINITIONS ..............................................................................:............... .... :................:........1 II. RECITALS. III. SPECIFIC PROVISIONS. A. Tariff ............................................................................................. ..............................2 B. Construction ................................................................................. ..............................2 C. Term ............................................................................................. ..............................3 D. Performance by Applicant ............................................................ ..............................3 E. Title .............................................................................................. ..............................3 F. Tax Liability ................................................................................. ..............................3 G. Payment ........................................................................................ ..............................3 H. Cancellation. Modification or Deferment .................................... ..............................3 I. Indemnity: Limitation of Liability ................................................ ..............................3 J. Licenses and Easements ................:.............................................. ..............................4 K. .. Performance .................................................................................. ..............................4 L. Damage to Facil ities ..................................................................... ..............................5 M. Schedule of Work ......................................................................... ..............................5 N. Force Maieure ...... ............................... IV. GENERAL PROVISIONS . .................. :.......... A. Assignment ................................................................................... ..............................5 B. Binding Effect .............................................................................. ..............................6 C. Termination .................................................................................. ..............................6 D. Entire Agreement. E. Jurisdiction. F. Notices .......................................................................................... ..............................6 G. Waiver and Amendment ............................................................... ..............................7 Aerial to Underground Conversion Construction Agreement (Rule 32(A)(2)) where AT &T construct USS WE5r:324747 (rev. 4110/06) H. Attorneys' Fees ......................................................... ............................... 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 WEST:324747 (rev. 4/10106) THIS AGREEMENT ( "Agreement ") 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 tern "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 term "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 #92 along West Coast Highway and Tustin Avenue in 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 Comtruction Agreement (Rule 32(A)(2)) when AT &T constructs USS Page 1 of 7 WEST324747 (Rev. 4/10/06) III. SPECIFIC PROVISIONS. A. Tariff. The Project will be conducted in accordance with the Tariff. B. Construction. 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(A)(2)) where AT &T constructs USS Page 2 of 7 WFST324747 (Rev. 4/10106) 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 the it property. E. Tide. 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 Six Hundred and Eighty Six Thousand Six hundred and Thirty Nine Dollars and 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 and No Cents collected for Federal and State Income Tax in accordance with CPUC decision 87-09 -026. These amounts are valid for only two hundred and eighteen days and are therefore subject to change after ApH130, 2008, 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. Also, this pricing must remain valid until April 30, 2008 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. I. Indemnity. Limitation of Liability. Aerial to Undergromd Conversion Construction Agreement (Rule 32(A)(2)) where AT &T constructs USS Page 3 of 7 WEST:324747 (Rev. 4110106) 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 oflndemnitees. 2. Applicant shall, at AT &T's request, defend AT &T, at no cost or expense to AT &T, against Liability(ies) as described in Section 1.1. 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 LIMITATION, NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM, OR A DEFECT OR FAILURE TO PERFORM OR DEFECT OF CABLE OR WRUNG, REGARDLESS OF THE FORESEEABILITY 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 Agreement (Rule 32(A)(2)) where AT &T constructs USS Page 4 of 7 WEST:324747 01cv. 4110106) 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 o& 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 IMN below. N. Force Maieure. 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. Assianment. Applicant shall not wholly or partially assign this Agreement without the prior written consent of AT &T. Aerial to Underground Conversion Construction Agreement (Rule 32(Ax2)) where AT &T constructs USS Page 5 of 7 WFST.324747 (Rev. 4/10706) 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 Hiles, 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. Aerial to Undergromd Conversion Construction Agreement (Amle 32(A)(2)) where AT &T constructs USS Page 6 of 7 WEST:324747 (Rev. 4/10/06) APPLICANT City of Newport Beach Department of Public Works Attn: Iris Lee 3300 Newport Blvd. Newport Beach, Ca 92658 -8915 G. Waiver and Amendment. AT &T Attn: 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 terms 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 PACIFIC BELL TELEPHONE COMPANY By: By: Printed Name: Printed Name: Title: Title: Date Signed: Date Signed: Aerial to Underground Conversion Construction Agreement (Rule 32(A)(2)) where AT &T constructs USS Page 7 of 7 WEST:324747 (Rev. 4110106) 1MT1 SOUTHERN CALIFORNIA $ EDISON An EDISON INTERNATIONALa Company September 22, 2007 SALES INVOICE NAME: PROJECT LOCATION: CITY OF NEWPORT BCH COAST HWY /TUSTIN AVE NEWPORT BEACH, CA 92663 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: TIM S MCGINNIS 7333 BOLSA AVE WESTMINSTER, CA 92683 PROJECT DESCRIPTION: 57118 - RULE 20B STR, AD 492 All prices are applicable for a period of 9.0 days from this date and are subject to change thereafter. ------------------------------------------------- -- --------- ----- - - - - -- CUSTOMER.INVOICE INFORMATION SCE ACCOUNTING ------------------------------------------------------------------------ Cust Adv Non -Ref - No ITCC NON - REFUNDABLE 142:110 = $ 653,071.00 Relocation Advance $ 653,071.00 TOTAL = $ 653,071.00 PLEASE PAY THIS AMOUNT P. O. Box 11982 Santa Ana. CA 92711 -1982 $ 653,071.00 TOTAL $ 653,071.00 SCE PROJECT NUMBER: 6633 -7116, 57118 C.W.O.# C.J.O.# : Name: CITY OF NEWPORT BCH : Prj Loc COAST HWY /TUSTIN AVE NEWPORT.BEACH, CA 9266 LMT1 SOUTHERN CALIFORNIA c LJ EDISON An EDISON INTERNATIONALS Company September 22, 2007 SALES INVOICE NAME: PROJECT LOCATION CITY OF NEWPORT BCH COAST HWY /TUSTIN AVE NEWPORT BEACH, CA 92663 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: TIM S MCGINNIS 7333 BOLSA AVE WESTMINSTER, CA 92683 PROJECT DESCRIPTION: 57119 - RULE 20B CBL, AD #92 All prices are applicable for a period of 90 days from this date and are subject to change thereafter. ------------------------------------------------------7----------------- CUSTOMER INVOICE INFORMATION SCE ACCOUNTING ------------------------------------------------------------------------ Cust Adv Non -Red - No ITCC NON - REFUNDABLE 142.110 = $ 1.57,770.00 Relocation Advance $ 157,770.00 TOTAL = $ 157,770.00 PLEASE PAY THIS AMOUNT P. O. Box 1 1982 Santa Ana, CA 92711-1982 $ 157,770.00 TOTAL $ 157,770.00 SCE PROJECT NUMBER: 6633 -7117, 57119 C.W.O.# C.J.O.# : Name: CITY OF NEWPORT BCH : Prj Loc COAST HWY /TUSTIN AVE NEWPORT BEACH, CA 9266 AGREEMENT FOR LEGAL SERVICES FOR BOND COUNSEL FOR UNDERGROUND ASSESSMENT DISTRICT NO. 92 THIS AGREEMENT, dated for purposes of identification only this first day of November, 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: DUTIES OF ATTORNEY ATTORNEY shall (a) when engaged as bond counsel for underground utilities district No.92, 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 2 3. 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. 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 D hereof, on such matter(s) or City financing(s) prior to the date of such termination of services by the CITY. COMPENSATION A. 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 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: Mileage: Facsimile: Computer Research: Transcript Preparation: Bond Preparation: $0.10 per page IRS Rate - (unless over one -half hour and billed hourly) $0.10 per page (sending only) Cost, plus 10% (not to exceed $300) Not to exceed $90 per transcript 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. a7 4. RESPONSIBILITIES OF THE CITY The CITY shall cooperate with ATTORNEY and shall furnish 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 attorney's 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 indemnification to be provided by the Consultant. 0 6. 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 Bests Key Rating Guide, unless otherwise approved by the City s Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's 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 Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's 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. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less 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. iii. 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. iv. 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. 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. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. 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. vi. 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 Consultants 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 R] 10. 11 12. 13. and evidence shall, at the option of CITY, becomes its property and shall be delivered to it by ATTORNEY. 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. ASSIGNMENT Neither ATTORNEY nor CITY may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other party. 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. 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. 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 15. 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 Attn: City Attorney 3300 Newport Blvd. Newport Beach, CA 92658 Phone: (949) 644-3131 FAX: (949) 644 -3139 E Robert Hessell 12707 High Bluff Dr. Suite 200 San Diego, CA 92130 Phone: (858) 735 -7228 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 ATTORNEY's signators represent that the signatory hold the positions set forth below their signatures and that the signatory 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: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: Robert E. Hessell Attachments: 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 Citys 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; 0) 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. 11 FILED OCT 1 0 2007 CITY OF NEWPORT BEACH TOM DA RK- RECORDER DEPUTY 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3311 NOTICE OF EXEMPTION To: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange F Public Services Division P.O. Box 238 POSTED OCT 10 2007 TOMD �ir>b c -Ra I�M1fY From: City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR: Name of Project: Assessment District No. 92 Project Location: Riverside Avenue, Newport Beach, CA Specific: Area bounded by Pacific Coast Highway to the south,Riverside Avenue to the west, CliDrive to the north and Tustin Avenue to the east. 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 Coun Tom Daly, Clerk- Recorder Exempt Status: (check one) FEE ❑ Ministerial (Sec. 21080(b)(1); 15268); 200785001100 02:59pm 10110107 ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); 90 179 Z01 ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); 0.00 0.00 0.00 0.00 0,00 0.00 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 condition prior to undergrounding does not have a significant effect on the enviromnent. Name of Public Agency Approving Project: City of Newport Beach Date of Approval: Name of Person or Agency Carrying Out Project: Newport Beach Public Works Department Contact Person: Iris Lee, PE Title: Senior Civil Ewdrieer Signature: Tel.No. (949) 644 -3323 Date: /D 1010 ry F. 1UrersIPS" wDdi4SSE &WENTC(STRICTa4tl8N/Ok"Fn�McMaE)VW41092.000 CITY OF NEWPORT BEACH i3300 Newport Boulevard Newport Beach, CA 92658 PRELIMINARY ENGINEER'S : REPORT UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92 .. red bv- H(di & Foreman, Inc., m,; I w 420 Exchange, Suite 100 Irvine, California 92602 November:27, 2007 City of Newport Beach PnOf mary Engineer's Report for TABLE OF CONTENTS SECTION- PAGE INTRODUCTION AND CERTIFICATIONS ............................................. ..............................1 PART I Plans and Specifications ..................................................... ..............................6 PART11 Cost Estimate .................................................................... ............................... 7 PART III Assessment Roil and Method of Assessment Spread ........ ............................... 8 Exhibit" A" ................:......................................................... .............................11 Definition.............................................................. .............................11 SpecialBenefit ................................................... ............................... 12 Method of Apportionment ................................... ............................... 12 Safer and Improved Reliability .............................. .............................13 Exception......:......:............................................... .............................13 Neighborhood Enhancement ................................ ......:......................16 Exception.......:..................................................... .............................16 Incidental Bond Costs ........................................ ............................... 17 PART IV Annual Administrable Assessment .................................. ............................... 18 PART V Boundary Map and Diagram of Assessment. District ........ ..........................:.... 18 PART VI Description of Facilities.. ................................................................................. 20 Right =of -Way Certificate ................................................... :.............................. 21 Certification of Completion of Environmental Proceedings ..........................:..22 LIST OF TABLES Table1 Cost Estimate ...................:................................................ ............................... 7 Table 2 Summary of Costs and Expenses ...................................... ............................... 9 Table 3 Debt Limit Information ...................................................... ............................... 10 Table 4 Conversion to an Upgraded Underground Utility System . ............................... 14 Table 5 Conversion to Aesthetic View Enhancement to the Neighborhood Area......... 16 LIST OF APPENDICES Appendix "A" Assessment Roll Appendix °B" Boundary Map Appendix "C" Assessment Diagram Haft & Foreman, Ina TWO of Contents City of Newport Beach Preliminary Engineer's Report for Underground Utility Assessment District No.92 AGENCY: CITY OF NEWPORT BEACH PROJECT: UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTION 10204 OF THE STREETS AND HIGHWAYS CODE WHEREAS, on November 27, 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, 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: CITY OF NEWPORT BEACH UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92 (hereinafter referred to, as the "Assessment District" or "District "). The purpose of this Assessment District is. to provide financing to underground power and telephone facilities in the area generally bounded by "Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway." Further detail identifying the District boundary and location is shown on the Boundary Map available in Appendix B of this report. The proposed Underground .utility improvements will provide conversion to a more safe and reliable Upgraded utility system, and will improve the neighborhood aesthetic streetscape and visual environment. The construction of these improvements will conform to existing City of Newport Beach, Southern California Edison and AT &T standards. Cable may already be undergrounded. Furthermore, Time Warner Cable is required per Franchise Agreement with the City to provide these services. By virtue of such Improvements, the proposed improvements will enhance the value of the parcels within the District. Therefore, 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 Underground Utility Assessment District No. AD 92 (hereinafter referred to as the "Assessment District"), I, Jon E. Bourgeois, P.E., a Registered Professional Engineer and authorized representative of Hall & Foreman, Inc., the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated on the following page. . I Hall & Forunan, Inc. Pap I City of ft igoort Beach . Preliminary Engineers Report for Underground utidty Assessment District No.92 PART This part contains the plans and specifications, which describe the general nature, location and .extent for the proposed improvements, 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 parcels of land within the Assessment District, in proportion to the estimated special benefits to be received by such parcels from said improvements, which is set forth upon the assessment roll filed herewith and made a part hereof. R 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, as near as may be determined, of the parcels of land and improvements which are propose 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 or from the administration and registration of any associated bonds and reserve or other related funds. 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, is 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 Hal( A Foreman, Inc. Page 2 of Newparl Beach urinary Engineer's Report for This report Is submitted on November 27, 2007. HALL & FOREMAN, INC. Jon E. Bourgeois, P.E. R.C.E. No. 30242 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Nall & Foreman, Inc. Page City of Newport Beach Preliminary Engineer's Report for Underground Uli7ity Assessment Distinct N0.92 Prellminary 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 I day of 2007. . CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Hall & Formwr;, Inc. - Page 6 I City of NeWport Beach Preliminary Engineers Report for Underground Utility Assessment District N6,92 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 200_ 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 200_ 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 200, . 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 200_. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA Hall & Fownan, Inc. Page 5 City of Newport Beach Preliminary Engineer's Report for Underground Utility Assessment t7Wdct No. 92 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. 92 in the area generally bounded by "Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway," which 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. The Plans and Specifications for the Improvements are on file in the offices of the Superintendent of Streets. Hall & Foreman, Inc. Page 6 City of Newport Beach Preliminary Engineer's Report for Underground Ut4hy Assessment District No.92 Part II Cost Estimate City of Newport Beach AD No. 92 CONSTRUCTION COSTS` 1.10% $ 20,400.00 $ Bond Reserve/ Credit Enhancement Telephone Construction Cost 137,000.00 $ Total Financing Costs: $ AT &T Civil Construction $ 638,139.00 2,053,537.00 $ Contingency ( -1046) $ 63,800,00 $ AT &T Design Engineering $ 48,500.00 $ Subtotal: $ 750,439.00 $ Electrical Construction Cost SCE CIWI Construction $ 810,841.00 $ Contingency ( -16°k) $ 81,100.00 $ SCE Design Engineering $ . 41,500.00 Subtotal: $ 933441.00 $ Street Rehabilitation $ 12,687.00 $ Total Construction Costs: $ 1,696567.00 $ INCIDENTAL kPENSES Assessment Engineering $ 22,970.00 $ Contract Inspection $ 43,500.00 $ Disclosure Counsel $ 20,000,00 $ City Administration $ 25,000.00 $ Financial Advisor $ 25,000.00 $ Filing Fees $ 31000.00 $ Bond Counsel $ 20,506.00 $ Paying Agent $ 3,000.00 $ Financial Printing, Registration, and Servicing $ 18,000.00 $ Incidental Confingencles $ 18,600.00 Total Incidental Expenses: $ 199,570.00 Total Construction & Incidental Expenses: $ 1,896,137.00 iCOSTS Underwriter's Discount 1.10% $ 20,400.00 $ Bond Reserve/ Credit Enhancement 7.00% $ 137,000.00 $ Total Financing Costs: $ 157,400.00 $ TOTAL AMOUNT TO ASSESSMENT: $ 2,053,537.00 $ Notes: Number of Assessable Parcels 54 Estimated Acreage of District 13,27 Estimated Unear Feet of Construction 3,635 ene vvamer uaoie is required to pay for undergrounding through the Franchise Agreement with the City. Half & For an, I= page 7 CRY of Newport Beach Preliminary Engineer's Report for UndergroUW Witty Assessment District No.92 Part III Assessment Roll and Method of Assessment Spread WHEREAS, on November.27, 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, 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. 92; 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, Jon E. Bourgeois; P.E., the authorized representative of Hall and Foreman, Inc:, 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 estimated 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. Hall & Forenan, Inc. Page 8 City of Newport Beach Preliminary Engineer's Report for Underground WRY Assessment District 2. As required by law, a Diagram is hereto attached, showing the Assessment District as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. 3. The subdivisions and parcels of land, 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 percent, per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 19130 , 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 in Table 2, Summary of Costs and Expenses: Table 2 City of Newport Beach AD No. 92 Summa of Costs and Expenses . s ma Co an Expenses Preliminary Final Construction Costs 1 $ 1,696,567.00. $. Incidental Ex enses $ 199,570.00 $ Financin Costs $. 157,400.00 $ TOTALI $ 2,053, For particulars as to the individual assessments and their descriptions, reference is made to Appendix A (Assessment Roll), attached hereto. 6. The Method and Formula of Assessment. Spread is as set forth in Exhibit "A", which is attached hereto, referenced and so incorporated. Dated: HALL & FOREMAN, INC. Jon E. Bourgeois, P.E. R.C.E. No. 30242 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA & Foreman, Inc. Page 9 City of Newport Beach Preliminary Engineer's Report for Underground UtfNlyAssessment i Table 3 City of Newport Beach AD No. 92 Debt Limit Information' Description Amount Estimated Balance to Assessment $ 2,053,537.00 Unpaid Special Assessments $ 0.00 TOTAL $ 2,053,537.00 True Value of Parcels3 $ 39,143,272.00 1. Required under Part 75 of Division 4. 2. Unpaid Special Assessments shell consist of the total principal sum of at unpaid special assessments previously levied or proposed to be levied other than the Instant proceedings. Tare Value of Parcels means the total assessed value of the land and improvements as estimated and sham on the last equalized roll of the County. Note: This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as it is not the responsibility of the Engineefs Report. A Foreman, Inc. Page 10 City of Ne"W Beach Preliminary Engineer 'a Repoli for Underground Utillly Assessment District N6.92 EXHIBIT "A" 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 estimated special benefit that the properties receive from the works of improvement. In. addition, Article XIIID, Section 4 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 requires that publicly owned property, which receive special benefit from the improvements, be assessed. 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 specia€ly 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 each 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 and direct 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 as well as 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 estimated special benefits received by each parcel within the Assessment District. Ballot tabulation will be finalized at that time and, if a majority of the ballots submitted, weighted by the assessment amount, are in opposition to the Assessment District, then the District must be abandoned. If this is not the case, then the City Council shall form the Assessment District and levy the special assessment against the parcels therein. The following sections set forth the methodology used to apportion the costs of the improvements for each parcel. Definition Parcel is defined as a legal, taxable parcel as shown on the assessor parcel maps as an assessor parcel number. Hall A For an, Inc. page II Cfty of Newport Beach Prefinimmy Engineer's Report for special Benefit In further making the analysis, it is necessary that the properties receive a special and direct benefit distinguished from general benefits conferred to the public at large. This District was initiated by property owners who petitioned the City to form a District to underground utility services. The proposed improvements (the undergrounding of power and telephone facilities) are all located along the streets within the boundaries of the District. The undergrounding will provide a safer and more reliable level of service to all properties being serviced, in that, all new wires and equipment will be installed underground reducing the threat of interrupted service due to downed power lines incurred by wind, rain or fire. In addition, undergrounding overhead utility lines will further prevent other hazardous situations that restrict or slow access to emergency personnel in event.the utility lines are downed. The undergrounding of power and telephone facilities will also remove physical and visual impediments within the neighborhood streets, thus improving the neighborhood aesthetic streetscape and visual environment for parcels within the District. In this District, 100 percent of the cost allocation for the improvements is for special benefit to the parcels within the District and there is no general benefit. By virtue of such benefits, the proposed improvements will increase the desirability and will specifically enhance the value.of the properties within the Assessment District. The Assessment in this District. has two.components wherein 50 percent of costs are allocated for Safety and Reliability of Utility Undergrounding Installation, and the remaining 50 percent of costs are allocated for Aesthetic View Enhancement of Neighborhood Area: ' Method-of A000rtionnrent 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. The properties within this Assessment District are zoned for either residential or commercial, with 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 many 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. Hall & Foreman, Inc. page 12 City of Newport Beach Preliminary Engineer's Report for Underground Untify Assessment District No. 92 The special benefits from undergrounding the overhead utilities are divided into two (2) categories, which are discussed below. These benefits are assigned Benefit Factors, which are multiplied by the parcel size, in square footage / acres, to calculate the Benefits Points for each parcel. The benefit formula is as follows: Aesthetic View Parcel Area Safety / Enhancement of Total (SF) x [ Reliability + Neighborhood , Benefit Benefit Factor Area Benefit Points Factor Based upon the findings described above, the special benefits received by the properties within the boundaries of the District are: 1) Conversion from an Overhead to Underground Utility System Resulting in Safer and Improved Reliability from the Upgraded Utility System; 2) Aesthetic View Enhancements of the Neighborhood Area due to the Removal of the Overhead Facilities and Opening of Neighborhood View Corridors. The two special benefits described above, are estimated to be of equal benefit to the parcels located within, District boundaries. Therefore, the total cost of the underground utility district formation assessment will be spread with approximately fifty percent of the costs to the parcels who benefit from the conversion from an overhead to an underground upgraded utility system, and approximately fifty percent of the costs will be spread to the parcels that receive the aesthetic view enhancement benefit to the neighborhood area. The following method for distribution of special benefit is described below: 1) Conversion from an Overhead to Underground Utility System Results in Safer and Improved Reliability from the Upgraded Underground Utility. System All of these assessable parcels will have their overhead utility service converted to an underground upgraded utility system. All the properties will benefit equally from the underground upgraded utility system. Therefore, the properties will be assigned a benefit factor to each assessor parcel number based on lot area. The estimated cost of the underground upgraded utility system will be spread proportionally per benefit factor per parcel.. The benefit factors for the Conversion to a Safer and Improved Reliability Upgraded Underground Utility System are as follows In Table 4: Hull & Fomm z, Inc. Page 13 City of Newport Beach Preliminary Engineer's Report for Underground Utility Assessment Diatrtot No.92 Table 4 City of Newport Beach AD No. 92 Conversion to an Upgraded Underground Utility System Zoning Lot Area SF Benefit Factor SP -5 Mariner's Mile I Varies 1 ..R -1 Single Family Residential I Varies 1 Excention(s) Certain parcels are receiving a partial utility installation and will be assessed based on the proportionate share of construction costs for type of utility improvement. Further details are available in the Assessment Roll located in Appendix A. ■ Assessment No. 17, APN 049- 122 -22 — This Is a commercial lot has two (2) stub locations for connection to receive both electrical and phone; thus this parcel will receive two (2) Benefit Factors. Assessment 'No. 19.. APN 049 - 122-30 — This is a commercial lot on Riverside Avenue. No service stubs will be available for electrical or phone connection, thus parcel will receive a zero (0) Benefit Factor. According to County Parcel Map, this parcel Is designated with above listed Assessor Parcel 'Number, however, referenced Parcel Map 74 -22 designates this parcel to be designated as one lot combined with APN 049- 122 -29.. ■ Assessment No. 20, APN 049- 122 -29 — This is a commercial lot on Riverside Avenue and will receive both electric and phone utility undergrounding; thus this parcel will receive 1.0 Benefit Factor. Notably, according to County Parcel Map, this parcel is designated with above listed Assessor Parcel Number, however, referenced Parcel Map 74 -22 designates this parcel to be designated as one lot.combined with APN 049- 122 630. ■ Assessment No. 43. APN 425- 471 -14 — This is a commercial lot on Tustin Avenue. No service stubs will be available for electrical or phone connection, thus parcel will receive a zero (0) Benefit Factor. Assessment No. 45..APN 049- 121 -23 — This is a commercial lot where it currently receives electrical undergrounding from West Coast Highway. This parcel will receive partial utilities (phone) per plans; thus parcel will receive a 0.5 Benefit Factor. Assessment o. 49 APN 049- 110 -25 — This is at commercial lot on the comer of West Coast Highway and Riverside. Parcel is already receiving underground utility service for electric and phone from West Coast Highway; thus parcel will receive a zero (0) Benefit Factor. Hall & Forma, Inc. Page 14 City of Newport Beach Preliminary Engineer's Report for Underground Utility Assessment District No.92 Assessment No. 51, APN 049- 110 -30 — This is a commercial lot on Riverside Avenue. Easement has been established for poles. Receives electric and phone service connection via Avon Street, which is located outside of utility plan improvement boundary; thus parcel will receive a zero (0) Benefit Factor. Assessment No. 52, APN 049- 110 -27 — This is a commercial lot adjacent to Post Office where it is not a stand -alone buildable lot and will not be receiving service. Further, this. lot will always need to be connected to the adjacent lot where the Post Office presides. Thus, parcel will receive a zero (0) Benefit Factor. Assessment No. 54, APN 049- 103-17 — This is a commercial parcel on the northwest comer of Avon Street and Riverside Avenue. This parcel will receive electric connection from utility improvements. Phone service stubbing will not be received; thus parcel will receive a 0.5 Benefit Factor. Hall & Foreman, lac - page 15 City of Newport Beach Preliminary Engineer's Report for Underground WRY Assessment 1 2) Aesthetic View Enhancement of the Neighborhood Area is due to the Removal of the Overhead Facilities and Opening of Neighborhood View Corridors All of the assessable parcels will receive a neighborhood aesthetic enhancement benefit from the removal of utility poles and overhead utllity.lines. All parcels benefit from the enhancement of the neighborhood streetscape and the removal of obstructions near their properties and within the boundaries of the District. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility pole. Therefore, the properties will be assigned a benefit factor to each assessor parcel number based on lot area. The estimated cost will be spread proportionally per benefit factor per parcel. A summary of the assigned benefit factors are shown below on Table 5. Table 5 City of Newport Beach AD No. 92 Conversion to Aesthetic View Enhancement of the Nei hkiorhood Area Zoning Desi nation I Lot Area. (SF) Benefit Factor SP -5 Mariner's Mlle I Varies I 1 R -1 Single Family Residential I Varies 1 1 Exceution(s} Certain parcels are receiving a partial utility installation and will be assessed based on the, proportionate share of construction costs for type of utility Improvement. Further details are available in the Assessment Roll located in Appendix A. • Assessment No 50 APN 049 - 110 -19 — This Is a commercial property along West Coast Highway. Parce! is already receiving underground utility service for electric and phone and served via an overhead feed from Riverside Avenue. Poles will be removed where utilities are received from behind parcel; thus 0.5 Benefit Factor. • Assessment No 51 APN 049 - 110 -30 — This is a commercial property along Riverside Avenue. Parcel is already receiving underground utility service for electric and phone and served via Avon Street Poles along a portion of the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary, and poles along Riverside Avenue will be removed. In that portions of the parcel are not part of the district boundary, yet the predominant area of the parcel fronts Riverside Avenue and benefits with an neighborhood enhancement, this parcel is assessed for 50 percent of lot area with a 1.0 Benefit Factor. Hall & Foreman: lnc. Page 16 City of /Newport Beach Preliminary Engineees Report for Underground Utility Assessment District No.92 Assessment No. 53, APN 049- 110 -17 —This is a commercial property located at the southwest comer of Riverside Avenue and Avon Street. This parcel is situated where it fronts Riverside Avenue where poles will be removed within the district boundary. Poles along the northern boundary of the parcel on Avon Street will not be removed as these utilities are situated outside the district boundary. Thus, this parcel will receive a partial neighborhood enhancement and assigned a 0.5 Benefit Factor. Assessment No. 54, APN 049 - 103 -17 — Commercial parcel located at the northwest corner of Avon Street and Riverside Avenue. Property faces poles on Avon Street and will receive neighborhood enhancement with removal of poles fronting Riverside Avenue; thus parcel receives a 0.5 Benefit Factor. Incidental and Sond.Costs Incidental Expenses and Bond Costs have been assessed to the entire Assessment District on a prorated basis relative to the construction cost allocations. Hall & Foreman, Inc. Page 17 City of Newport Beach Prellminary Engineer's Report for Part IV Annual Administrative Assessment District 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 and/or from the administration or registration of any bonds and reserve or other related funds. This maximum assessment hereinafter set forth, is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code, and said maximum assessment shall not exceed ten percent (10 %) of the annual assessment per individual assessment parcel per year. 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. Hall & Foreman, (no. Page 18 City of Newport Beach Preliminary Enrgf neer!9 Report for Underground W11lyAssessment District Part V Boundary Map and Diagram of Assessment A reduced copy of the Assessment Diagram is 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. 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. {See Appendix "B" for Assessment Diagram }: Half& Foreman, Inc. Page 19 City of Newport Beach Preftimy Engineers Report for Underground Utility Assessment District No. 92 Part V! 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 constructed, installed, maintained, repaired or improved. For the general location of the improvements to be constructed, reference 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 Underground Utility Assessment District No. 92, generally bounded by "Riverside Avenue, Cliff Drive, Tustin Avenue, and West Coast Highway 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'Southern California Edison Company and AT &T will design the improvements. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company and AT &T. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his property necessary to connect facilities constructed by the public utilities in the public streets to the points of connection on the private property. Conversion of individual service connections on private property Is not included in the work executed, by the assessment district. The estimated time for completion of the undergrounding of the facilities is approximately four (4) months from the start of construction. Property owners will be required to provide necessary underground connections within four (4) months of the completion of the entire 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. Overhead facilities cannot be removed until all overhead service has been discontinued. Nau a Foreman, inr- paw City of Newport Beach Preliminary Engineer's Report for Underground Utility Assessment District N0.92 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 times 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, the 'Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, as amended, for the construction of certain public improvements in a special assessment district known and designated as UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. AD No. 92. THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS It is, that the proposed Works of Improvement must be constructed 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 the commencement of any 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 0 Haft & Foreman, Inc. Page 21 City of Newport Beach Preliminary Engineer's Report for n..d .....:.......r,,. -- --- ---- -., Certification of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of perjury, CERTIFIES as follows: 1. 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 UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. .92 (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, as follows: The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstruction), 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 Newport Beach, California. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA 0 Hall & Foreman, Inc. Page 22 City of Newport Beach Preliminary Engineers Report for Underground Utitrty Assesement District No.82 APPENDIX "A" ASSESSMENT ROLL Haq & Foreman, Ina Appendix A 86807 for HaN & Foreman, Inc. Appendix A i Neighborhood ! Total Preliminary Final District I Upgraded Utility Enhancement 1 Benefit District Formation Formation Total' ASMT. Lot Area ISystem(Bendit (Benefit Factor). !. Points x. Existing TOM Asmt(let Asmt(lst Bond , NO APN (s0 j X Factor) Per Lot + Per Lot ,= j Lot Area + Liens = Bond Issue) Issue) j Told Value Value to Lien credo 1 2 049- 123-48 049 - 123.07 7,500 i X 7,020 9 1 1 +' +I 1 _ ; 15,000 + $ _ $ 29,184.60 $ 27,316.79 -- $ 75%6966 $ - 372,92 26 - -- 14- -- 3 i049- 123-06 7,50Q X 1 _ +1 1 _ _ 15,000 _ + $ - _ _ $ 29,184.60 _ _ - ' $ 144,965 _. 5 _4 X049.123 -10 7500 X ! __ 1 I+ 1 ._ 15,000 + $ _ $ 29,184.609 $__1,456,560 �50 5 049-1'23.09 7,500X; + $ - - _ $ 29,184 -60 - - -- $ 1 144 99 - 5 1 I+ T _ ? 15,000 6 049 - 123.04 7,50 X 1+1 1 = 15,000 + $ - _ $ 29,184.60E $ 2,024,228 i 69 7 049- 123-03 7,5D0 X 1 +i 1 '_ • 15,000 + $ - _ $ 29,184.60 I $ 809,236 28 8 D49.123.02 049_- 123-11 10,101 X� 11,450 X 1 1 �_�±1�1_._ +I 1 = 20,202 22,900 + + $ - $ - _ - -_ $ 39,305.82 $__44,556.15 - � -$ _ 1,181,341 - 9..� 30 _. 9 _ 10 049.123.12 _. 6,097 - -x"�- _._ - 1 - + 1 - -- _ = 12,194 + $�_ $__ 23,725,13- �- -� $ g04�164 T--i-, 144,79$_r 0_ 48 _ 11 049- 122 -35 7,5922 X 1 _ + 1 . = _ 15,184 + __$ _ _ $_29,54260 -- $ 738,768 25 12^ 044- 122-34 11, 400 :. X' 1 + 1 = 22,800 + $ - _ $ 44,560.59 - -� - 121,612 - - -- 3 -- 13 049. 122-03 6,000 ! X 1 + 1 _ ! 12,000 + $ - _ $ 23,347.68 1 $ 96,537 4 14 049. 122-04 7,580 1 + 1 = i 16,160 + $ - _ $ 29,495.90 1 $ 928,557 31 15 049- 122.05 7,200 1 X 1 = i 14,400 + + $ $ - _ _ $ 28,017.22 $ 26,017.22 i $ 351,037 $ 191,877 13 7 16 049.122 -Q6 7200 ;�C 1 +� 1 =P- 14,400 -17 049.122.22 11,700 ; ` 2 + 1= I 35100 + $ - _. $ 68291.96 $ 1,135,713 17 18 049.122 -25 31900 _ 1 + 1 __ =7,800 + $ _ $ 175.99 - $ 573,592 _ 38 19 049. 122-30 7 800 : I 0 + 1 = i 7,800 + $' - = $ 15,175.99 $ 274,422 18 20 049. 122 -29 . 7,800 i X + 1 = 15,600 + $ $ 30,351.98 $ 501,611 ! 17 21 049-122 -26 8,860 ! X I 1 + 1 = ..17,780' + $ - _ $ 34 5,5q,56 $ 5.53,362 16 22 049. 122 -12 9,600 X y -- 1 - -- +I_W = I 19,200 + $ - _ $ 37,35629 $ 186,120 5 23 - 122 -13 9,324 1 + - -1 _ 1 = I 18� $4 + -- - --'�- 24 049- 122 -14 11,011 X 1 + 1 =! 22,022 + $ - _ $ 42,846.88 $ 1,530,000; 36 25 049- 122 -15 11,297 ��X 1 _ - + 1 _ = '_22,594 + $ _ $ 43,959.79 178,718 4 049.9iG -16 -16 _26 11,850 X 1 +, 1 _! 23,700 + $ _ $- 46,111.66 - -"_ - -- $ 823,135 18 27� 049 -122 -17 11,52020 X -t• $. - _ $ 44,E27.54 - $ 'T6,073 2 .� HaN & Foreman, Inc. Appendix A City of Newport Beach, Preliminary EngineeYs Report for Underground Utility Assessment District No.92 AMT. NO APN Lot A rea (e0 X Upgraded Utility System(SenNi1 Factor) Per Lot + Neighborhood Enhancement (Benefit Factor) Per Lot = Total Senerit Points Lot Area + Existing Liana = Preliminary District Formation Total Aant(let Bond leave) 1 j final District Formation Total Asmt(lst acrid Issue) Total Value, Value to Lien Reno 28 049. 122.18 10,865 X 1 + 1' _ 21,710 + $ - = $ 42 239.83 $ 673,370 16 29 049- 122-33 10,660 _ 1 + 1 _ 21,320 + $ - = $ . 41,481.03 $ 261,934 8 30 049- 122-20 9,176 1 1 + 1 = 18,352 +1 $ - _ $ 25,7705.37 _ $ 1,007,855. _ 28 31 32 33 049. 122.21 425. 471.01 426. 471.02 11,290 11,248 8,286 X X- X 1 __...._...- -_ 1 1 + + + 1 1 _ 1 _ = = 22,400 22,496 I 16,5 + + + $ - $ - :_ $ 43 82.32. ._..__.I -5 _ $ 43,769.10 $ 32,219.79 $ 794,198 - - - - - -- $ 67 18 - -- - -- I 2_ 34 425-471-23 7,580 X - 1 + 1 -�_ -1 = 15,120 + $ __ _ $ 29,418.07 $ 62,819,3 _ 35 425. 471.04 6,900 1 + = 13 800 + - $ 26,849.82 $ 1,624,310 BO _ 36 425.471 -05 6,000 X 1 _ + _ 1 - = _ 12,000 + $_ $ 23,347.67 I $ 976,450 42 37 425.471 -06 5,500 X 1 + 1 = 11,000 + $ __ _ $ 21 492.03 $ 1,378,530 1 _ 64 38 425.471 -07 7,700 X - 1 + 1 _ = 15,400 + 29962.84' ' $ 1,625,000 64 39 ___j0 41 42 425.171.08 425 -471 -09 425- 471.12 425. 471 -13 8,280 7,200 6,658 6,074 X X -X - 1 1 -- 1 '• -_ 1� + + + + 1 1 1 = = 16,560 14,400 13,316 12,148 +i +�, + ±0 $ - $ -_ - _ _ _$ $ '32,219.79 I $ 28,017.21 23,635.62 _ $ 383,210 $ 215,083 $ . 639,466 $ "- 582,768 _ 8 25- _ 25 43 425-471-14 4,468 _ 0 + 1 - -- = 4,468 +� $ _ $ 8,673.66 $ 190,429 I 22 44 425. 471.15 8,103 1 1 + = 16,206 + $ - _ $ 31,531.03 :$ 1,105,886 35 45 049- 121 -23 42,000 0.5 , + 1 -I- = _ 63,900 + $ - _ $ 122,57529 ' $ 2,325,945 19 46 049- 121 -24 38,350 X I 1 + = 76,700 + $ - _ $ 149,230.551 - -� -$ 183,917 1 47 049- 121 -18 049- 121.22 049.110.25 182200 18,900 163790 X _ X 1 1 0 + + + 1 _ 1 1 = j = = 36,400 37,800 - 16,790 + + + _$ - $ $ _ _ _ _$ 70,821.28_ $_ 73 545.17 $ '- $2,66728 $ 1,910,161 $ 529,721 $ 1497.611 _ 27 9 46 48 49 50 51 049- 110 -19 049 - 110-30 13,000 26,136 X�_1 X 0 + + 0.5 _ 1 = 19,500 '26,136 + + $ - $ - _ _ $ 37,939,97 $ 50,85123 j $ 1,135,347 i $ 1,236,827 I 30 24 r ,840 X 0 _ 1 + + 1 0.5 = = 7,840 21,000 + + $ - _ $ 15,253.81000 $ 40,858.43 ? $ 300,4937 W49-11 6500. 0.5 + 0.5 = 16,500 + .$ - _ $ 32103.05 j $ 82. 398 26 8,890 1,055456 ' $ - $ 2053537.OD $ 39,1 272 ' HAIM Foreman, Inc. Appendix city of New Prefkwnary B"ch ineer's Report for ilitr Assessment l APPENDIX `B" BOUNDARY MAP Hall & Foreman; Inc. v. i i 1049-3: OF PARMi j PERM 1 MEN( BEEN NVLBE IM •rvI Trn ref 5'4 rpq PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 92 CITY OF NEIMPORT BEACH. COUNTY or CMmCE• STATE or CALIFORNIA Oqs� tYgY -29 k OHS- T22 -SD. LOTS A0 k / LEGEND — INDICATES ASSESSMENT OISTRACT BOUNDARY --- RROCATES LOT LINE M-110 -25 ENO,g,M, ASSESSORS PARCEL NUMBER ACCEPTEO ANO FRED AT THE REOUEST OF OF, OF NEWPORT BEACH OATE RARE rrES INSMIWENT F' BOO PACE OF MAPS OF ASSE65MENY5 AND COMMWRjY FACILFXS DISTRICTS IN THE OFFICE of THE RECORDER OF THE COUNTY OF ORANGE STATE OF CAUFCRNIA TOM ONLY COUNTY CLERK - RECORDER BY D VT E9EMPT RECORDING PER CC 610.] rREO H. ME OFFICE OF THE CITY CLERK OF THE ON OR NEN'CRT BEACH THIS ___ DAY OF CITY CLERK I HEREBY EERTIFY MAT THE MAP SHERIM PROPOSED SOUMOARIES OF ASSESSM[ T OISIMCT NO 92 OTY OF NEIWORT SEACK COUNTY V ORANGE. WAS APPROVED BY THE CITY CODNGO, 0 THE OTY of NEMPDRT BEACH AT A REOULAR MEEBNC TNERECT HELD ON THE DAY OF BY ITS RESDLLITION Clil CLEM I THE BOUNDARY Or TIME PROPOSEO ASSESSMENT DISTRICT CONOOES NM THE ASSESSOR'S PARCELS UN N THE BOUNDARY SHOWN ON THIS MAP. FOR PARRELAARS CF UNES ARV DIMENSIONS OF ASSESSMENTS OF ASEESSOR•S PAAC0.S RErMENM IS MIRE TO THE MAPS V THE ORANOE COUNTY A=!FPCR AND TRACT NO 919 REL'MOEO IN BOON 29 PAGE 33 AM, TRACT ND 1133 RECDROCO IN BOO: m PAMS. 13 AM lA BOTH 0 MISMUANEOUS MAPS AM PARCEL MAPS FRED IN BOOR 73 PACE 22. BOOK TA PAGE 22 AND 122 PAGE AB City of Newport Beach Preliminary Engineer's Report for Underground Utility Assessment District No.92 APPENDIX "C" ASSESSMENT DIAGRAM Hall & Foreman, Inc. Page Appendix C ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 92 CITY DP NEWPORT NAM OONTY OF ORANGE, STATE CIF CALIFORNIA 10-1 w9_n0-3D � O we -no -zs \ A9 \ / OAS {� 1 AE Cpq\ �r4-\ � T # 09- 122 -i9 It ON- 122 -M. LOTS AAO & \ 41 CP V. NO. I= M.M. $6AW4 FM WERE OMD]UDAIEO M7CI 1 FARCE. BY fU■ PARCOL MM NO. Ft 2 8MT MN$ NOT � B O1EM A NEW RS PARCEL Y. 1DO T �� - lw // 13w3 -1- 9 11-17I CD ACCEPTED AND RUED AT ME REOUEBT OF ON OF NEWPORT BEACH DATE ME FEET INSTRUMENT j BOO PADS OF MAPS OF ASSESSMENTS AND COMMUNIN FACILMCS mmm IN ME ONCE OF ME RECORDS OFF ME COUNTY OF DRAWN. STATE TOM WY COUNTY CLERK- RECORDER BY DEPUTY EKWPT RECOROND PER ac 810.1 425"'�� 1 � THE OFNF a NEWPORT BEACH! n+R9 L M) \L1 Citt 0.LtK LEGEND INDICATES ASSES9AEMT DISTRICT BOUNDARY NOCAlE3 LOT LNE w9 -11045 INDICATES ASMSSORS PAM MISIN R q WRICATES ASSESSMENT MUNNN Fm RECDRMED N THE OFFICE OF THE 9TPENNTENmw OF STREEM ON OF NEWPORT BEACH INRz ____ DAY OF 200__ AN A95ESSAplT WAS IEMI[D BY ME an CDWOL a 1xE LOTS, PIECES AND PARCELS OF LAND SHOWN ON MRS A59'S9NKaT DuADRAM. SAID ASSESSMENT WAS LEM CH ME ___- DAY Cs 20D_ REFERENCE IS MADE TO THE ASSESSMENT ROD. RECORDED IN ME OFFICE DE ME SLIPENNTEfAHMT OF STREETS FOR THE EKACT AMOUNT OF EACH ASSESSMENT LFNEO AGAINST THE PARCEL$ SHOWN ON THIS ASSESSMENT DIAGRAM. THE BOUNDARY OF ME PROPOSED ASSESSMENT OSTWCT COMODES WITH ME ASSCSORS PARCELS WTHI TIE EO NDARY 940M a MB MAP, FOR PAN=R9 OF UMES AND 03AEN9OIS OF A9EE99NENTS OF ASNSSCW5 PARCELS. REFERENCE 19 MADE TO ME MAPS OF ME ORANGE COUNTY ASSES" AND TRACT MR, 919 SCDNOfiO N BOOK 29 PACE 32 AND TRAM NO. 11]3 RECORDED N BOOR SS PAR5 13 AND 14 EOM O MBCEMANEDUS MAPS AND PARCEL MAPS FILED N ROOK 73 PACE V. 8M 74 PAGE 22 AND 122 PAM 0. F1 LED CtTY OF NEWPORT BEAAt;H 3300 Newport Boulevard - P.O. Box 1768 OCT 10 2007 Newport Beach, CA 92658 -8915 (949) 644 -3311 TOM DA tERK•RECORDER ar D..uTr NOTICE OF EXEMPTION To: ❑ 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 OCT 10 2007 From. City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR: Name of Project: Assessment District No. 92 Project Location: Riverside Avenue, Newport Beach, CA Specific: Area bounded by Pacific Coast Highway to the south,Riverside Avenue to the west, Cliff Drive to the north and Tustin Avenue to the east. 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 Cour Tom Daly, Clerk- Recorder Exempt Status: (check one) FEE ❑ Ministerial (Sec. 21080(b)(1); 15268); 200785001100 02:59pm 10110107 ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); go 179 Z01 ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Q Categorical Exemption. State type and section number. Class 2: Replacement and reconstruction: Section 15302. ❑ Statutory Exemptions. State code number: ❑ General Rule (Sec. 15061(b)(3)) Reasons why project is exempt: The Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condition prior to undergrounding does not have a significant effect on the environment. Name of Public Agency Approving Project: City of Newport Beach Date of Approval: Name of Person or Agency Carrying Out Project: NLmTort Beach Public Works Department Contact Person: Iris Lee, PE Title: Senior Civil Engineer Signature: Tel.No. (949) 644 -3323 Date: /olto/o ty F]US 'PMShW MSEWWWDISTRICMAd92WOLtl lEnIft en L!-- OA092.DOC NOTICE OF APPOINTMENT AS DEPUTY CITY CLERK Notice is hereby given that Iris Lee is appointed Deputy City Clerk effective January 22, 2008. This appointment shall continue until January 23, 2008 and is for the purpose of tabulating ballots for proposed Assessment District No. 92 at the City Council meeting of January 22, 2008. LaVonne M. Harkless, City Clerk l /01 Date CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. S2 8 049-123-02. 240 OCEAN VIEW AVE 9 049-123-11 230 OCEAN VIEW AVE7'-- VE 10 049-123-12 228 OCEAN VIDNA 01-i"' 11 049-122-35 223 OCEAN VIEW AV 12 049-122-341 215 OCEAN VIEW A 13 0491-122-03 2600 AVON ST 14 049-122-04 261 15 646-122-0-5 —262-0 AVON ST 16 049-122-06 2630 AVON ST 17 049-122-22 216601AVON ST 18 049-122-25. 2041 RIVERSIDE AVE 20 049-122-29 206i RIVERSIDE AVE 91 049-122-26 1 :n6; OCEAN VIEW AVE _22__ 049-122-12: 227: OCEAN VIEW AVE 24 049-122-14: 233 OCEAN VIEW AVE 27 1049-122-171 24-i OCEAWVIEW AVE 28 �1049-1122-118 251 OCEAN VIEW AVE 29 049-122-33 255 OCEAN VIEW AVE 30 1049-122-20 259 OCEAN VIEW A _01 i 1,F"ffr. i 32 1425-471-011 38 STIN 8V�� NO ASMT 35 425-471-04. 3, 049-123-06; 215 TUSTIN AVE CSTN AVE 39 1425-471-081 N4 7 049-123-03 256 OCEAN VIEW A 8 049-123-02. 240 OCEAN VIEW AVE 9 049-123-11 230 OCEAN VIEW AVE7'-- VE 10 049-123-12 228 OCEAN VIDNA 01-i"' 11 049-122-35 223 OCEAN VIEW AV 12 049-122-341 215 OCEAN VIEW A 13 0491-122-03 2600 AVON ST 14 049-122-04 261 15 646-122-0-5 —262-0 AVON ST 16 049-122-06 2630 AVON ST 17 049-122-22 216601AVON ST 18 049-122-25. 2041 RIVERSIDE AVE 20 049-122-29 206i RIVERSIDE AVE 91 049-122-26 1 :n6; OCEAN VIEW AVE _22__ 049-122-12: 227: OCEAN VIEW AVE 24 049-122-14: 233 OCEAN VIEW AVE 27 1049-122-171 24-i OCEAWVIEW AVE 28 �1049-1122-118 251 OCEAN VIEW AVE 29 049-122-33 255 OCEAN VIEW AVE 30 1049-122-20 259 OCEAN VIEW A _01 i 1,F"ffr. i 32 1425-471-011 38 STIN 8V�� NO ASMT 35 425-471-04. CSTN AVE 39 1425-471-081 N4 A% $ 299418.07 ) __ YES ASMT N NO ASMT $ 4 439582.32 ) __ CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 92 ASMT. NO ASMT Situs NO APN Address Situs Street 40 425-471-09 CITY PAI TUSTIN AVE TUSTIN AVE 41 425-471-12 124 42 425471 -13 120 TUSTIN AVE y 43 425_ -471 14! 116 TUSTIN AVE y 44 425 -471 15 25421 W COAST H WY _ _ y ' 45 049 -121 23� 2700 __. W COAST HWY y 46 049 -121 24 __ 2615 AVON ST 47 049 - 121 -18 2651 RIVERSIDE AVE 51 049 - 110 -30 1 1491 RIVERSIDE AVE 52 049-110-271 177 RIVERSIDE AVE 53 049- 110 -17 191 RIVERSIDE AVE 54 049-103-171 215 RIVERSIDE AVE 5d YES ASMT NO ASMT 25 908.13 $ 23,635.62 . $... ..... . . 31,531_03 $ 122,575.29 _ $ 149,230.55 _$ 70,82128 $ $ 50,851.23 $ 15,253.81 11/02107 CERTIFICATE AND STATEMENT OF ASSESSMENT BALLOT TABULATION ASSESSMENT DISTRICT NO. 92 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. 92 (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 January 22, 2008 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. ASSESSMENT BALLOTS SUBMITTED IN FAVOR OF THE PROPOSED ASSESSMENT: 1. 1 % Y y ASSESSMENT BALLOTS SUBMITTED IN OPPOSITION TO THE PROPOSED ASSESSMENT: ��n %T69, oZ This certification is executed this January 22, 2008 in Newport Beach, California. ity Clerk -IPIS We Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A-62 i4. September 29.196 1. and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF- CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the (NEWPORT BEACH - COSTA MESA DAILY PILOT, .a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: JANUARY 28,2008 FEBRUARY 04,2008 I declare, under penalty of perjury, that the foregoing is true and correct. .Executed on FEBRUARY 04,2008 at Costa Mesa, California. Signature #,0-9z-