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Home My WebLink About18 - Assessment District No. 99-2CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 September 23, 2008 TO: Mayor and Members of the City Council FROM: Public Works Department Alfred Castanon 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 99 -2 — AN AREA GENERALLY BOUNDED BY BALBOA BOULEVARD AND OCEAN FRONT WEST, FROM WEST OF 20TH STREET TO 14TH STREET, AND 19TH STREET BETWEEN NEWPORT CHANNEL AND BALBOA BOULEVARD — FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT Recommendations: 1. Open public hearing on the formation of Assessment District No. 99 -2. 2. Hear testimony from those who desire to speak. 3. Close the public hearing. 4. Count ballots. 5. If greater than or equal to 50% of weighted "Yes" votes versus "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. 99 -2, 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. 99 -2. The proposed Budget Amendment of $3,845,000 will provide $3,614,300 for the design, construction, financing and incidental contingencies, $230,700 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $3,614,300 and increase expenditure appropriations by $3,452,595. The difference of $161,705 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district. This Budget Amendment includes $5,143.42 for the related assessment on a City -owned property located at 226 19th Street. C. Adopt a Resolution Approving Utility Improvement Contracts for Utility Improvements for Assessment District No. 99 -2. Proposed Assessment District No. 99 -2 — Area Generally Bounded by Balboa Boulevard and Ocean Front West, From West of 2ll1" Street to 14' Street, and 19'" Street Between Newport Channel and Balboa Boulevard — For Underground Utilities and Designation as an Underground Utilities District September 23, 2008 Page 2 6. If desired, abandon the proceedings. Discussion: On July 22, 2008, City Council accepted a Preliminary Engineer's Report for proposed Assessment District No. 99 -2, and adopted a Resolution of Intention in order to form the District, and set a public hearing on September 23, 2008 for the Assessment District (see attached Exhibit A). The location of the proposed District and overhead facilities to be removed are shown on Exhibit B. Public Notice for this Public Hearing was mailed out on August 7, 2008 to provide a minimum 45 -day noticing to property owners within the proposed district boundary. The assessments that were included on the ballots are as shown in the Final Engineer's Report as the "Confirmed Assessments". Newport Elementary School's assessment was miscalculated in the Preliminary Report due to the assumption that it only was served by two of the three available utilities. This has been changed to reflect its being served by all three utilities and its assessment has been increased accordingly (and was so noticed) and all others have been decreased. On August 20, 2008, formal public information meeting was held with property owners in the City Council Chambers to discuss the proposed District with approximately a dozen residents in attendance. Most were very supportive of the proposed undergrounding. 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 15 years. Plans and specifications for the project were prepared by the respective public utilities, which will own and operate the underground facilities that will be paid for by the Assessment District. The proposed District will underground all overhead electrical, telephone, and cable N lines. However, each property owner will be required to underground and connect his or her individual house services. The cost to convert the house services is not a part of the Assessment District and must be contracted separately by the private property owners. The total cost of the District is $3,845,000, which excludes the Federal Income Tax Component of Contribution (ITCC) Tax, similar to Assessment District No. 101. The method of assessment is determined by an analysis of benefit a property receives from the proposed undergrounding of the existing overhead utilities. This assessment methodology assigns benefit factors based on three separate criteria: aesthetics, safety, and reliability. To assess benefits equitably, it is necessary to relate each property's proportional special benefits to the special benefits of all other properties within the District. The method of apportionment established for most districts formed under the Municipal Improvement Act of 1913 utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology that uses lot size as the basic unit of assessment. Collectively, the three categories of special benefit listed above reflect the overall proportional special benefits that properties within the District will receive from the undergrounding of the overhead utilities, and the overall cost of the project will be evenly apportioned to these three Proposed Assessment District No. 99-2 — Area Generally Bounded by Balboa Bouievard and Ocean Front West, From West of 201" Street to 14" Street, and 19" Street Between Newport Channel and Balboa Boulevard — For Underground Utilities and Designation as an Underground Utilities District September 23, 2008 Page 3 categories of special benefit. The costs were then prorated to each parcel based on the number of benefit points assigned. The estimated assessments range from $1,836.93 to $113,781.15, with an average of $17,842. Due to the wide variation in property sizes, uses, and degree of undergrounding required, the various benefit factors accounted for each individual situation. Some exceptions were taken on a few lots that did not fit neatly into the benefit factor criteria. These parcels included: • Assessment No. 12, APN 047 - 181 -01 - This is City property located at 19th Street and Newport Channel which consists primarily of public access ways and recreational beach areas which do not benefit from utility undergrounding. However, a portion of this property, the restroom facility, is adjacent to 19th Street. The restroom facility is approximately 700 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 700 square feet. • Assessment No. 16. 17 and 18, APN 939 -85 -052, 939 -85 -053 & 939 -85 -054 — These Condominium parcels located at 1824 Vilelle Place, Units A, B and C are adjacent to wires and poles being undergrounded in 19th Street, but will still have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels do not receive the same level of benefits as other parcels in the District; they receive half the Aesthetic and Safety Benefits and no Connection Benefit. Therefore, these properties receive 1/2 +'/2 + 0 = 1 of 3 of the aesthetic benefits of other properties. Their rounded parcels areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. • Assessment No. 19 and 20, APN 939 -85 -057 & 939 -85 -058 - These condominium parcels located at 1830 W Balboa Boulevard, units 1 and 2 are not adjacent to wires and poles being undergrounded in 19th Street except for one guy pole, and they have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels .do not receive the same level of benefits as other parcels in the District; they receive half the Aesthetic Benefit and no Safety or Connection Benefits. Therefore, these properties receive 1/2 + 0 + 0 =' /Z of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/6 to calculate the Assessed Parcel Are to fairly apportion the costs. • Assessment No. 21, APN 047 - 152 -05 - This parcel will have a pole remaining directly adjacent to it, although the overhead wires crossing the property will be undergrounded. This parcel does not receive the same level of benefits as the other parcels in the District. It receives half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, this property receives 1/2 +'/z + 1 = 2 of 3 of the benefits of other properties. Its rounded parcel area has been multiplied by 2/3 to calculate the Assessed Parcel Area to fairly apportion the costs. • Assessment No. 23 24 25 and 26 APN 047 - 152 -12 047 - 152 -08, 047 - 152 -07 & 047 - 153 -21 - These parcels located at 2004, 2006, 2000 and 2001 Court Avenue will have poles remaining adjacent to them on one of their fronting streets. These parcels receive half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, these properties receive 1/2 +'/z + 1 = 2 of 3 of the benefits of Proposed Assessment District No. 99 -2 — Area Generally Bounded by Balboa Boulevard and Ocean Front West, From West of 20t' Street to 10 Street, and 190 Street Between Newport Channel and Balboa Boulevard — For Underground Utilities and Designation as an Underground Utilities District September 23, 2008 Page 4 other properties. Their rounded parcel areas have been multiplied by 2/3 to calculate the Assessed Parcel Area to fairly apportion the costs. • Assessment No. 102 and 103. APN 047 - 201 -01 & 047 - 201 -02 - These parcels located at 1733 and 1725 W Balboa Boulevard are connected to the utilities that are proposed to be undergrounded, but do not have any of these wires and poles adjacent to their properties and do not take access from the roadways being undergrounded. These parcels do not receive the same level of benefits as other parcels in the District; they receive only a Connection Benefit, but no improved Aesthetic or Safety Benefits. Therefore, these properties receive 0 + 0 + 1 = 1 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. • Assessment No. 188 APN 047 - 300 -03 - This is State property located south of Ocean Front at 15 Street and consists primarily of recreational beach areas that do not benefit from utility undergrounding. A portion of this property, the restroom facility, is served by the utilities being underground. This restroom facility is approximately 2,000 square feet in size; therefore, the Connection Benefit for this property is calculated based on the portion of the property receiving benefit, which is 2,000 square feet. • Assessment No. 189, APN 047 - 212 -25 - This property, which is our Lady of Mt. Carmel Catholic Church located at 1441 W Balboa Boulevard, is zoned for "Private Institution" and as such utilizes only about half of the parcel for developed church buildings, with the other half being used exclusively for parking. Therefore, this parcel is only about 50% utilized and is considered to receive only 50% of the benefit of the properties that are, or can be, utilized to the fullest capacity of the property. Therefore, this parcel's benefit is calculated based on half the total area of the property, or at 15,900 square feet. • Assessment No. 204, APN 047 - 240 -01 - This is the Newport Elementary School property which has only a single pole (no wires) adjacent to its 225 linear feet of frontage on 14th Street. The pole, located at the intersection of 14th Street and the alley, is the terminus of the undergrounding project. Because of this, this property is deemed to receive no Aesthetic or Safety Benefits from the undergrounding project. Regarding the Connection benefit, this property will receive all services from the undergrounding project (3 of the 3 services available to the other properties). However, this property also receives these services from facilities on 13th Street from poles and wires that are not being underground. This parcel does not receive the same level of benefits as the other parcels in the District. The following calculates the relative benefits it receives: (1 of 3 benefits) x (3 of 3 services) x (1 of 2 service locations) (1/3) x (3/3) x (1/2) = 1/6 Therefore, this property receives 1/6 the benefit of the other properties. Its rounded parcel area has been multiplied by 1/6 to calculate the Assessed Parcel Area to fairly apportion the costs. • City -owned allev parcel - Assessor's Parcel Number (APN) 047 - 171 -21 is a part of a public alley, providing access to the alley between 20th Street and 19th Street. This property, as part of the alley and with no potential for development, receives Proposed Assessment District No. 99-2 — Area Generally Bounded by Balboa Boulevard and Ocean Front West, From West of 20"' Street to 14" Street, and 19" Street Between Newport Channel and Balboa Boulevard — For Underground Utilities and Designation as an Underground Utilities District September 23, 2008Page 5 no special benefit from the proposed improvements and is considered exempt from assessment. Parcel "Not A Part" of the Assessment District - The property located at 1600 West Ocean Front (APN 047 - 202 -16) is not a part of this Assessment District due to previous utility undergrounding activities. This property does not receive any benefits from this currently proposed undergrounding project and, therefore, has been excluded from the boundaries of the Assessment District. 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 D). 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." Funding Availability: Upon formation and approval of the District, funding will be provided by property owner contributions and bonded assessments. See attached Budget Amendment. Prepared by: A!�� Alfred Castanon Associate Civil Engineer Attachments: Exhibit A — July 22, 2008 Council F Exhibit B — District Boundary Map Exhibit C - Resolutions Exhibit D - Final Engineer's Report Budget Amendment Submitted G. Badum orks Director attachments) CITY OF NEWPORT BEACH CITY COUNCIL_ STAFF REPORT Agenda July 22, 2008 TO; HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Aimed Castanon 949 -644 -3314 or acasaanonQcity.newport-beach.ca.us SUBJECT: Proposed Assessment" District No. 99-2 — Area Generally Bounded by Balboa Boulevard and Ocean Front West, from west: of 20th Street. to 14s` Street, and Ie Street between Newport Channel and Balboa Boulevard .- for Undergrounding Utilities and Designation asp. an . Undeiground Utilities District Recommendations: I. Adopt the following Resolutions.for.Proposed Assessment District No: 99 -2: . a, Resolution. No._ 2008 Adopting a Map Showing the" Proposed Boundaries of, •and "Making:Appointments for Proposed Assessment District Nd. b: Resolution 1Va; 200$ Declaring "intention to Order the Construction of Certain improvements in Proposed Assessment District No. 99-2; Declaring the imprWOments to be of Special Benefit; Describing the District .to, be Assessed to, P*' the "Costs. and Expenses Thereof, Providing. for the Issuance of Bonds; and to Designate the Area ail Underground Ut7fies District c. `Resolution No. 2008- Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 99 -2i Setting a Time and Place for a Public Hearing as September 23, 2008; and Orderi ng the Initiation of Assessment Ballot Procedures." 2. Approve the Bond Counsel Agreement with.. Robert Hessell and authorize the Mayor and City Clerk to execute the Agreement. Discussion: On June .26, 2007, the vote for the proposed Assessment )istrict 99 resulted in a. majority protest with 61% of the submitted. ballots in opposition, and 39% of the submitted ballots in favor. Most property owners north of Balboa. Boulevard and west of 2& Street voted against the formation of the proposed district. Proposed Assessment District No. 99�24x undergrouncring UtlfiRes and DesignsHon as an Underground Unifies DIW t July 22, 2M8 Page 2 Since the. June. 2007 vote, the District proponents have requested the City to reauthorize the original District request on the ocean -side of Balboa Boulevard between 14°' and 19°i Streets. After extensive discussion and review with the community, the revised District Boundary map was developed (contained in the Preliminary Engineer's Report). Staff and the proponents are very confident that the revised district will, be successful and request the City to move ahead. In addition to the boundary change, which has decreased the size of the district, Federal Income Tax .Component of Contribution Tax. (ITCC) has been eliminated pursuant to subsequent Council direction_ The ITCC is. a tax assessed whenever private party contributions in aid. of construction (CIAC) are made. To date, Underground Utility Districts have not been assessed.this fax as underground utility districts are viewed as providing public benefit by increasing community aesthetics and public safety. Proposed Assessment District No. 99-2 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. To date; :City. Council has approved a total appropriation of $165,207 for the preliminary stages of this. project including $93, 450, to ruin the fir rtr•:of Harris.8r;Associates as the assessment engineer, and $14,157 and $57,606 to SCE and AT&T,: respectively, to prepare the engineering drawings for the District. If the District is formed, these costs are.,: pc9rporated, into the project costs. If the District fails to form; .the_ City is resp®n'Ole for these costs. The :Municipal Improvement Act of. 19'13 governs. the procedures.used_to. create the Assessment District: 86ds issued under the Impioveme ht: Bond Act of 1915. carry up to ul 40 -year term and are issued to finance assessments not paid in cash within 30.• days after confirmation of the assessment Staff is recommending a 20 -year term for this District The estimated total cost. for Proposed Assessment District No. 99 is as follows: ITEM COST Cost of Construction $2,963,072 Incidental Costs and Expenses $382,078 Financing (Bond) Costs $499,850 . Estimated Total Cost: $3,845,000 Estimated cost does not include the Federal Income Tax Component of Contribution (ITCC) tax, which is a betterment tax. Bond Reserve for this district is estimated at six 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 12 percent. In addition to the payment of the assessment, each property owner is responsible for the costs of connecting the main service conduit in the pubic right -of -way to the Proposed Assessment M ..,A No. 99 -24or Undergmumfing Utilities and Designmen as an Undergrwnd Miss Distdct July 22, 2008 Page 3 property owner's home or business. The cost to the property owner for this conversion varies depending on the condition and location of the current electrical service. Each property owner is encouraged to contact a licensed electrical contractor to assess the particular property needs. The following is a tentative schedule for proposed Assessment District No. 99-2: Resolution of Intention July 22, 2008 Property owner information meeting August 12, 2008 Public.Hearing September 23, 2008 Public utilities commence work December 1, 2008 Property owners notified to install service connections June;:2009 Property owners complete conversions Febnja" �, 2010 Public utilities begin to remove overhead structures March; 2010 Public utilities finish removing poles and overhead structures Juke 2010 The Assessment Engineer used a lot. size*, methodology to. apportion assessments within.. this District,. considering.. that all.. properties are receiving the sama Safety, Connection (or nsliability) and, Aesthetic benefit.. However; -in :eleven special: cases the specific benefit apportioned to, a property was reviewed in detail. The special.benefits from . undergrounding the overhead . utilities were defin..ed.as follows: 1) ;Additional Safety Benefit This. benefit relates to the additiondsafety b' f,having f}ie'overhead distribution wires placed underground and . having the power poles removed' .which eliminates the. threat, of, downed . utility lines and pales_ due to wind; �raiin and other unforeseeable events: ,2) Connection 'Benefit '= This benefit,relates'to the enhanced reliability 6(service from.the utilities being underground, due to having all new wires and )equipment and having that equipment underground, which reduces the threat of 'service interruption from downed lines. 3) Improved Aesthetic Benefit - This benefit..relates to the improved aesthetics of the streetscape due. to the removal of overhead wires and utility poles:.. For the special cases, these benefits were reviewed and calculated per the following: Parcel Safety Connection Improved Aesthetic Total. X [ Benefit } Benefit Factor + Benefit Factor. j' - Benefit (SF) Factor Points/3 `Parcel size rounded to the nearest 100 square feet tD account for mina area.calwlation ingonslstencies. The range for the estimated assessment costs per parcel is $1,664.55 to $106,659.78.. Assessments . vary over a wide range due to the variation of property sizes,' uses, and the degree of undergrounding required. Proposed Assessment Mulct No. 99-2-for UndergrounOng Udr�Um and Des&,ga lion as an Underground L MMas Dsaid July 22.2008 Page 4 The following is a summary of each property with special consideration: Assessment No. 12, APN 047 -181 -01 - This is City property located at le Street and Newport Channel which consists primarily of public access ways and recreational beach areas which do not benefit from utility undergroundin%. However, a portion of this property, the restroom facility, is adjacent to 19 Street. The restroorn facility is approximately 700 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 700 square feet. A�� M Aln 1A 17 � A 1R APAI Q4Q- Q9LnF7 QqQ- trd_1FR R QqQ- RrLn+id — These Condominium parcels located at 1824 Vilelle. Place, Units A, 13 and C are adjacent to wires. and poles being undergrounded in 19th Street. but will still have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels do not receive the same level of benefits as other parcels in the District; they receive half the Aesthetic and Safety Benefits and no Connection Benefit. Therefore, these properties receive Y2 + %2 + 0 =1 of 3-of the aesthetic beriefits of other properties. Their rounded parcels areas have been multiplied. by 1/3 calculate the Assessed Parcel Area to fairly apportionthe costs: ' • Assessment No'.. 19 and 20, APN 939-8"571 These condominium parcels located at,1830 W Balboa Boulevard; dhiti''l ai d2 are not adjacent to wires and poles being undergrounded, in 19th, Street.gxcept:for.one guy pole;. and they helve wires . and. poles adjacent to them n 1/#064,Place, to Which they are connected: These parcels do' not "recelve the satne. level of ben46 as. other parcels in the. District; they receive half the Aesthetic Benefit and no Safety or Connection "Benefits. Therefore, these properties receive' /: + 0 +.0 = % of 3 of the benefits of other properties'. Their rounded parcel. areas have 'been multiplied by 116 . to calculate the Assessed Parcel Are to fairly :apportion the.costs. • Assessment No. 21. APN 047 -152 -05 - This parcel will have a pole remaining directly. adjacent to it,. although the overhead wires crossing the property wOl be undergrounded. This parcel does not receive the same level of benefits as the other parcels in the District: It receives half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, this property receives % + / + 1 = 2 of 3 of. the benefits of other properties. Its rounded parcel area has been multiplied by 213 to calculate the Assessed Parcel Area to fairly apportion the costs. 047- 153-21 - These parcels located at 2004, 2006, 2000 and 2001 Court Avenue will have poles remaining adjacent to them on one of their fronting. streets. These parcels receive half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, these properties receive % + 1/ .+ 1 = 2 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 213.10 calculate the Assessed Parcel Area to fairly apportion the costs. Proposed Assessment I36-4 No. 99-2 -W Undergroun l ft Utilities and Designacan as an UndaMrOund UUMes Di -Wct July 22, 2008 Page 5 Assessment No. 102 and 103, APN 047 -201 -01 & 047 -201 -02 - These parcels located at 1733 and 1725 W Balboa Boulevard .are connected to the utilities that are proposed to be undergrounded, but do not have any of these . wires and poles adjacent to their properties and do not take access from the roadways being undergrounded. These parcels do not receive the same level of benefits as other parcels in the District; they receive only a Connection Benefit, but no improved Aesthetic or Safety Benefits. Therefore, these properties receive 0 + 0 + 1 = 1 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed. Parcel Area.•to fairly apportion the costs. Assessment 1118 _APN 047- 300 -03 - This is State property located, south of Ocean Front at 15 Street and consists primarily of recreational beach areas that do not benefit from utility undergiounding: :. A portion of this property,;.the restroom facility, is served. by the utilities. being :underground.. This testrdorn facility is approximately 2,000 square.feet in. size; therefore, the.ConneaJoi h Benefit for this property is calculated based on the portion of the property receiving benefit, which is 2,000 square feet. Assessment No. 1$9, APN 047- 212 -25 - This property, which is_ our Lady..gf AAt. Carmel Catholic Church located at 1441 W Balboa :Boulevard, is .zont is "Private Institution" and as _ such utilizes only atiout half of the parcel for developed church buildings, with the other half being used ..efclusiy for .,.., parking. Therefore, this parcel is only about 50% utilized and'ks- cror6ideieii -to. receive only *50%. of the benefit of the properties,that are, or.can b„ e;. utiliized.to -thenfullest capacity of the property. Therefore;:this parcels benefit is calculated based on half the total area of the roe _.. p p rty, or:at 15,900 square feet. Assessment No: 204, APN. 047 -240 -01 - This .is the Newport Elementary School property whicti has'only a single pole (no wires) adjacent to its 2251.inear.feet of frontage•on 10 Street The pole, located at the intersection. of 10 Street and the alley, is the. tertninus of the undergrounding project. Because, of:this,.this property is .deertied .to.'.receive no Aesthetic or Safety :Benotits .from the undergroundirig project; Regarding the Connectlon benefit, this property will'only receive telephone and cable service from the undergrounding project (2 of the, 3, services available to the other properties). However, this property also receives these services from facilities on 131h.. Street from poles arid, wires that are not being underground. This parcel does not .receive the same. level of benefits as the other parcels in the District. 'The following calculates the relative benefits it receives-. (1 of 3 benefits) x (2 of 3 services) x (1. of 2 service locations) (1/3) x (213) x.(1/2) = 119 Therefore, this property receives 1/9 the benefit ofthe other properties. Its rounded parcel area has been multiplied by 1/9 to calculate the Assessed parcel Are to fairly apportion the costs. Proposed Assessment District No. 99.2 -for undwgmunding Wriiffes and Designation as an Underground Utilities UsMct July 22, 21x16 Page 6 • City -owned alley parcel - Assessor's Parcel Number (APN) 047- 171 -21 is a part of a public alley, providing access to the alley between 201" Street and 19"' Street. This property, as "part of the alley and with no potential for development, receives no special benefit from the proposed improvements and is considered exempt from assessment. _Parcel "Not A Part" of the Assessment District - The property located at 1600 West Ocean Front (APN 047- 202 -16) is not a part of this Assessment District due to previous utility undergrounding activities. This property does not receive any benefits from this currently proposed undergrounding project and, therefore, has been excluded from the boundaries of the Assessment District Drawings and specifications for this assessment district were prepared by SCE, AT &T, and Time Warner Cable: Attached is a sketch showing the boundary of the proposed Assessment District No. 99 -2 and'the utilities to be undergrounded. Environmental Review A Notice of :Exemption was completed .February 21, 2007: and .fled with. the .County Recorder on February 21, 2007. fiundinQ A�aifabiffir iurt s with "lie. provided by property owner contributions and / Or bow .proceeds if the assessfitent distridt'is approved: Attachments. 1. Resolution Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments. for the Proposed District No. 99-2 2. 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 3. Resolution Giving Preliminary Approval to the Report of the Assessment Engineer, Setting a Time and Place for a Public Hearing as September 23, 2008; and Ordering the Intention.of Assessment Ballot Procedures 4.. Bond Couns ®I Agreement . 5. Notice of Exemption 6. Preliminary Engineer's Report PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT No. 99 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA NORTH OF BALBOAZONE BALBOA ZONE SHEET 6 EXHIBIT "B" n$ENQI4'5 PMUL ME tot WE M&EMENT UISTACT BOW+Bmy M T ME CENTERME N�P'WT N BER .m I P w rssess ' csmcl JI 11£ w IW w1m IN. 9ME. NOT TO SCALE we RESOLUTION NO. 2008 RESOLUTION DECLARING THE RESULTS OF THE BALLOT TABULATION, APPROVING THE ASSESSMENT ENGINEER'S REPORT, CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 99-2, 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. 99 -2 (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 further finds 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 Engineer's Report submitted to and considered by this City Council contains all the matters and items called for pursuant to the provisions of the Improvement Act, Article XI IID 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 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. ASSESSMENT ENGINEER'S REPORT SECTION 5. 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. PUBLIC INTEREST AND CONVENIENCE SECTION 6. 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. CONFIRMATION OF ASSESSMENT SECTION 7. The assessments, as now itemized in the Assessment Engineer's Report upon the properties identified therein and on the assessment diagram, are hereby confirmed. The assessments contained in the Assessment Engineer's Report are hereby levied and approved, which assessments include the following: A. The final, total assessment upon each assessed parcel to pay the costs and expenses to finance acquisition of the works of improvement, including bond costs, 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 assessed real property within the Assessment District at the owner's last known address, as said address appears on the last equalized tax rolls of the County, said notice to set forth a statement containing a designation of the property assessed, as well as the amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant to the "Improvement Bond Act of 1915 ". PUBLICATION SECTION 11. Notice shall also be given by publication in the designated legal newspaper, said notice setting forth the amount of the final assessment and indicating that said assessment is now due and payable, and further indicating that if said assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law. ASSESSMENT COLLECTION SECTION 12. The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into the assessment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked "public improvement assessment' or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that said entry then shall be made each year during the life of any 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. F1 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 by this reference. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of September, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk A Mayor CITY OF NEWPORT BEACH RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CONTRACTS FOR UTILITY IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 99-2 WHEREAS, this City Council has, pursuant to the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, by adoption of its Resolution of Intention, declared its intention to order the installation of certain works of improvement, together with appurtenances, in a special assessment district designated as Assessment District No. 99 -2 (hereinafter referred to as the "Assessment District "); and 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; and 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 22nd day of July 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 2 Mayor Final Engineer's Report for Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Prepared under the provisions of the Municipal Improvement Act of 1913 Forthe City of Newport Beach County of Orange, California Prepared by: WNHarris & Associates. September 23, 2008 City of Newport Beach Draft September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report TABLE OF CONTENTS APPENDIX Assessment Calculations Q:\Newport Beach\Ad99\reports\ad99 -2 Final Rpt draft I OsepOB.dm Page Introduction and Certifications ............................................................. ............................... 1 PART I Plans and Specifications ..................................................... ..............................4 PARTII Cost Estimate ....................................................................... ..............................5 PART III Assessment Roll and Method of Assessment Spread ....... ..............................6 TableI —Assessment Roll ................................................... ............................... 8 Debt Limit Valuation ......................................................... ............................... 13 Exhibit I — Method and Formula of Assessment Spread ... ............................... 14 PART IV Annual Administrative Assessment .................................. .............................20 PART V Diagram of Assessment District ........................................ .............................22 PART VI Description of Facilities ..................................................... .............................28 Right -of -Way Certificate ..................................................... .............................29 Certification of Completion of Environmental Proceedings ............................. 30 APPENDIX Assessment Calculations Q:\Newport Beach\Ad99\reports\ad99 -2 Final Rpt draft I OsepOB.dm City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Final Engineer's Report Page 1 AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 99 -2 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE The purposes of this Assessment District is to provide financing to underground power, telephone and cable facilities in the area generally described as Balboa Boulevard Alley, specifically the areas between Balboa Boulevard and Ocean Front West, from west of 20"' Street to 10' Street, and 19`h Street between Newport Channel and Balboa Boulevard. The proposed underground utility improvements will provide conversion to an upgraded utility system and will improve neighborhood aesthetics. The construction of these improvements will conform to existing City of Newport Beach, Southern California Edison, AT &T and Time Warner Cable standards. By virtue of such improvements, the proposed improvements are of special and direct benefit to these properties. Pursuant to the provisions of Article XIIID of the State Constitution, Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code of the State of California, and the "Municipal Improvement Act of 1913 ", being Division 12 of said Code, and the Resolution of Intention, adopted by the City Council of the CITY OF NEWPORT BEACH, State of California, in connection with the proceedings for Assessment District No. 99 -2 (hereinafter referred to as the "Assessment District "), I, loan E. Cox, P.E., a Registered Professional Engineer and authorized representative of Harris & Associates, the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated below. PART This part contains the plans and specifications which describe the general nature, location and extent for the proposed improvements to be constructed, and are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Superintendent of Streets. PART II This part contains an estimate of the cost of the proposed improvements, including capitalized interest, if any, incidental costs and expenses in connection therewith as set forth herein and attached hereto. PART III This part consists of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in Q: Newporl BewhWd99Veperosad99 -2 Final Rpt draft I esepDg.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Final Engineer's Report Page 2 proportion to the special benefits to be received by such subdivisions from said improvements, which is set forth upon the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true value, determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. PART IV This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration and registration of any associated bonds and reserve or other related funds, or both. PART V This part contains a map showing the boundaries of the Assessment District, and a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention. The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. PART VI This part shall consist of the following information: A. Description of facilities B. Right -of -Way Certificate C. Environmental Certificate This report is submitted on the day of 2008. HARRIS & ASSOCIATES JOAN E. COX, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:WewDort BeadMd991reports\ad99 -2 Final Rpt draft l0sepO8.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 3 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 Q:\Nmport BeachWd99\reporis\ad99 -2 Final Apt draft IOsepMdoc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Final Engineer's Report Page 4 Part I Plans and Specifications The plans and specifications to construct the utility undergrounding improvements, and any ancillary improvements thereof, for the area generally described as Assessment District No. 99 -2, Balboa Boulevard Alley, specifically the areas between Balboa Boulevard and Ocean Front West, from west of 20th Street to 14th Street, and 19th Street between Newport Channel and Balboa Boulevard, describe the general nature, location and extent of the improvements for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. Said Plans and Specifications for the improvements are on file in the office of the Superintendent of Streets. Q:Newport Beach4W99treponstad99 -2 Final Rpt draft 10up08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 5 Part II Cost Estimate Estimated Costs Preliminary Confirmed CONSTRUCTION COSTS' $93,450 Contract Inspection North of Balboa Zone Disclosure Counsel $20,000 Electrical Construction Costs (Southern California Edison) $83,750 $96,755 Telephone Construction Costs (AT &T) $59,722 $59,722 Estimated Utility Contribution for Equivalent Overhead System $0 ($13,005) Street Rehabilitation $45,000 $45,000 Contingency (10%) $18,847 $18,847 AT &T Design Engineering (prorated) $3,386 $3,386 Edison Design Engineering (prorated) $882 $882 Subtotal North of Balboa Zone Construction Costs: $211,587 $211,587 South of Balboa Zone $230,700 Funded Interest @ 12 months @ 6.00% Electrical Construction Costs (Southern California Edison) $1,686,260 $1,857,755 Telephone Construction Costs (AT &T) $552,970 $552,970 Estimated Utility Contribution for Equivalent Overhead System $0 ($171,495) Street Rehabilitation $200,000 $200,000 Contingency (10 %) $243,923 $243,923 AT &T Design Engineering (prorated) $54,214 $54,214 Edison Design Engineering (prorated) $14,118 $14,118 Subtotal South of Balboa Zone Construction Costs: $2,751,485 $2,751,485 Total Construction Costs: $2,963,072 INCIDENTAL EXPENSES Assessment Engineering $93,450 Contract Inspection $88,900 Disclosure Counsel $20,000 City Administration $75,000 Financial Advisor $15,000 Filing Fees $5,000 Bond Counsel $35,000 Paying Agent $3,000 Dissemination Agent $3,000 Financial Printing, Registration and Servicing $10,000 Incidental Contingencies $33,728 Total Incidental Expenses: $382,078 Total Construction and Incidental Expenses: $3,345,150 FINANCING COSTS (1st Bond Issue) Underwriter's Discount 1.00% $38,450 Bond Reserve / Credit Enhancement 6.00% $230,700 Funded Interest @ 12 months @ 6.00% $230,700 Total Financial Costs: $499,850 TOTAL AMOUNT TO ASSESSMENT: $3,845,000 ` Time Warner Cable is required to pay for undergrounding through the Franchise Agreement with the City. Q:Wewpon BeacMAd994epons\ad99 -2 Final Rpt draft IOsepO&doc $2,963,072 $93,450 $88,900 $20,000 $75,000 $15,000 $5,000 $35,000 $3,000 $3,000 $10,000 $33,728 $382,078 $3,345,150 $38,450 $230,700 $230,700 $499,850 $3,845,000 City of Newport Beach DRAFT September 10, 2808 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Enaineer's Reoort Pace 6 Part III Assessment Roll and Method of Assessment Spread WHEREAS, on July 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 No. 2008 -70, for the installation and construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 99 -2 (hereinafter referred to as the "Assessment District "); and WHEREAS, said Resolution of Intention, as required by law, did direct the Engineer of Work to make and file a "Report", consisting of the following as required by Section 10204 of the Act: a. Plans b. Specifications c. Cost Estimates d. Assessment Diagram showing the Assessment District and the subdivisions of land therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels within the boundaries of the Assessment District; f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted. NOW, THEREFORE, I, Joan E. Cox, the authorized representative of HARRIS & ASSOCIATES, pursuant to Article XIIID of the California Constitution and the "Municipal Improvement Act of 1913 ", do hereby submit the following: Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto and incorporated herein. 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. Q:Wewport BeachlAd994epons\ad99 -2 Final Rpt draft IOsep08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Final Engineer's Report Page 7 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915 "), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, THIRTY -NINE (39) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913 ", and by further direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: For particulars as to the individual assessments and their descriptions, reference is made to Table I (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q:1Newport Beach1Ad991rcportslad99 -2 Final Rpt draft 10scp0g.doc As Preliminarily Approved As Confirmed Estimated Cost of Construction: $2,963,072 $2,963,072 Estimated Incidental Expenses: $382,078 $382,078 Estimated Financial Costs: $499,850 $499,850 Estimated Total to Assessment: $3,845,000 $3,845,000 For particulars as to the individual assessments and their descriptions, reference is made to Table I (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q:1Newport Beach1Ad991rcportslad99 -2 Final Rpt draft 10scp0g.doc City of Newport Beach 047 - 161 -27 $1,004,807 $0 September 10, 2008 Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) 51 5 Final Engineer's Report $127,723 $0 $14,728.56 Page 8 9 6 D47- 161 -03 $145,368 $0 $14,728.56 $14,695.46 Table 1 7 932 -70 -024 $672,321 $0 Assessment Roll $18,369.32 37 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 1 047- 161 -24 $2.262.553 $0 $28.720.68 $28.656.12 79 4 047 - 161 -27 $1,004,807 $0 $19,883.56 $19,838.87 51 5 D47- 161 -02 $127,723 $0 $14,728.56 $14,695.46 9 6 D47- 161 -03 $145,368 $0 $14,728.56 $14,695.46 10 7 932 -70 -024 $672,321 $0 $18,410.70 $18,369.32 37 8 932 -70 -025 $578,764 $0 $18,410.70 $18,369.32 32 9 932 -70 -031 $929,883 $0 $15,465.00 $15,430.24 60 10 932 -70 -032 $411,097 $0 $15,465.00 $15,430.24 27 11 932 -70 -033 $980,553 $0 $15,465.00 $15,430.24 64 12 D47- 181 -01 $1,517,405 $0 $5,155.00 $5,143.42 295 13 047 - 181 -02 $184,322 $0 $18,410.70 $18,369.32 10 14 047- 181 -03 $1.086.100 $0 $18.410.70 $18.369.32 59 15 047 - 181 -04 $128,560 $0 $18,410.70 $18,369.32 7 16 939 -85 -052 $207,325 $0 $2,452.30 $2,446.79 85 17 939 -85 -053 $216,906 $0 $2,452.30 $2,446.79 89 18 939 -85 -054 $231,688 $0 $2,452.30 $2,446.79 95 19 939 - 85-057 $811,513 $0 $1,841.08 $1,836.93 442 20 939 -85 -058 $299,436 $0 $1,841.08 $1,836.93 163 21 047 - 152 -05 $267,674 $0 $10,609.68 $10,497.91 25 22 047 - 152 -06 $421.299 $0 $25.312.78 $25,046.12 17 24 047 - 152 -08 $325,183 $0 $11,087.00 $10,970.20 30 25 047 - 152 -07 $497,322 $0 $12,533.45 $12,401.40 40 26 047 - 153 -21 $268,989 $0 $21,212.11 $20,988.65 13 27 047 - 153 -20 $224,697 $0 $15,187.68 $15,027.68 15 28 047 - 153 -10 $1,287,142 $0 $16,634.11 $16,458.88 78 29 047 - 153 -09 $1,405,326 $0 $12,294.78 $12,165.25 116 30 047 - 171 -01 $149,561 $0 $13,018.00 $12,880.85 12 31 32 047 - 171 -02 047 - 171 -03 $56,785 _... ---- ......... $31.081 $0 . . .. $0 $7,232.22 — $5.785.78 $7,156.03 — -- $5,724.83 8 5 34 047 - 171 -22 $28,548 $0 $4,339.33 $4,293.62 7 35 047 - 171 -16 $165,824 $0 $12,294.78 $12,165.25 14 36 047 - 171 -15 $100,941 $0 $13,741.23 $13,596.47 7 37 047 - 171 -14 $963,635 $0 $13,741.23 $13,596.47 71 38 047 - 171 -13 $1,043,551 $0 $13,741.23 $13,596.47 77 39 047 - 171 -12 $268,622 $0 $13,741.23 $13,596.47 20 40 047 - 171 -11 $105,403 $0 $13,741.23 $13,596.47 8 " " The Total True Value for this property has been calculated using the average land value of properties City /State -owned property will be pre -paid prior to bond sale, therefore, value ratio is not applicable assessed to lien Q:\Nmport BeachWd99Wepoms ad99 -2 Final Rpt draft l0sep011.doc City of Newport Beach Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) Final Engineer's Report 047- 172 -02 September 10, 2008 Page 9 Assessor's Asmt Parcel No. Number Total True Value Existing Liens Assessments as Preliminarily Approved Assessments as Confirmed and Recorded Value to Lien Ratio 41 047 - 171 -10 $1,234,200 $0 $13,741.23 $13,596.47 91 42 047 - 171 -09 $1,565,190 $0 $13,741.23 $13,596.47 115 43 047- 171 -20 $86,600 $0 $17,357.33 $17,174.48 5 44 047 - 171 -19 $86,670 $0 $15,187.68 $15,027.68 6 45 047 - 171 -17 $1.456,560 $0 $15,187.68 $15,027.68 97 48 047- 172 -02 $494,145 $0 $13,018.00 $12,880.85 38 49 047 - 172 -03 $1,043,551 $0 $13,018.00 $12,880.85 81 50 D47- 172 -04 $102,219 $0 $13,018.00 $12,880.85 8 51 047 - 172 -05 $476,885 $0 $13,018.00 $12,880.85 37 52 D47- 172 -06 $1,064,803 $0 $13,018.00 $12,880.85 83 53 047 - 172 -07 $886,200 $0 $13,018.00 $12,880.85 69 54 047 - 172 -19 $1,011,097 $0 $13,018.00 $12,880.85 78 55 D47- 172 -21 $1,591,812 $0 $13,018.00 $12,880.85 124 56 047- 172 -20 $107,636 $0 $19,527.01 $19,321.29 6 57 047 - 172 -18 $1,424,682 $0 $16,634.11 $16,458.88 87 58 047 - 172 -17 $1,057,611 $0 $14,464.45 $14,312.07 74 59 047 - 172 -28 $1,744,255 $0 $14,464.45 $14,312.07 122 60 047 - 172 -29 $1,764,224 $0 $14,464.45 $14,312.07 123 61 047- 172 -15 $872,783 $0 $14,464.45 $14,312.07 61 62 047- 172 -14 $852,471 $0 $14,464.45 $14,312.07 60 63 64 047 - 172 -23 _ 047 - 172 -22 $61_4,332 $115,666 $0 $0..... $14,464.45 $14,464.45 $14,312.07 $14,312.07 43 8 65 047 - 172 -12 $96,545 $0 $14,464.45 $14,312.07 7 66 047 - 172 -26 $2,162,038 $0 $14,464.45 $14,312.07 151 67 047- 172 -27 $2,228,536 $0 $14,464.45 $14,312.07 156 68 047 - 172 -10 $3,077,503 $0 $13,741.23 $13,596.47 226 69 047 - 172 -09 $315,183 $0 $15,187.68 $15,027.68 21 70 047 - 173 -01 $2,347,989 * $0 $27,482.45 $27,192.93 86 71 047- 173 -34 $96,302 $0 $18,080.56 $17,890.08 5 72 047 - 173 -33 $512,475 $0 $18,803.78 $18,605.68 28 73 047 - 173 -03 $364,305 $0 $18,080.56 $17,890.08 20 74 047 - 173 -04 $560,612 $0 $18,803.78 $18,605.68 30 75 047 - 173 -05 $285,492 $0 $18,803.78 $18,605.68 15 76 047 - 173 -32 $477,128 $0 $18,080.56 $17,890.08 27 77 047 - 173 -31 $429,886 $0 $18,803.78 $18,605.68 23 78 047 - 173 -07 $490,233 $0 $18,080.56 $17,890.08 27 79 047 - 173 -24 $73,006 * $0 $18,080.56 $17,890.08 4 80 81 047 - 173 -23 047 -173 -09 $114,893 $1,466,964 $0 $0 $18,080.56 $181080.56 $17,890.08 $17,890.08 6 82 82 047 - 173 -10 $612,957 $0 $18,080.56 $17,890.08 34 83 047 - 173 -11 $422,131 $0 $18,080.56 $17,690.08 24 84 047 - 173 -12 $180,402 $0 $36,884.34 $36,495.77 5 85 047 - 173 -22 $6,783,079 * $0 $81,000.90 $80,147.58 85 86 047 - 173 -25 $1,358,711 $0 $26,036.00 $25,761.72 53 " The Total True Value for this property land value of properties has been calculated using the average assessed QANersyort Beach\Ad99trepoea\ad99 -2 Final Rpt draft 10sep08 doc City of Newport Beach Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) Final Engineer's Report 047 - 173 -28 932 -91 -101 September 10, 2808 Page 10 Assessor's Asmt Parcel No. Number Total True Value Existing Liens Assessments as Preliminarily Approved Assessments as Confirmed and Recorded Value to Lien Ratio 87 932 -91 -095 $804,154 $0 $7,955.45 $7,871.63 102 88 932 -91 -096 $1,124,692 $0 $7,955.45 $7,871.63 143 89 932 -91 -097 $962,106 $0 $7,955.45 $7,871.63 122 90 047 - 173 -20 $360,093 $0 $23,866.34 $23,614.91 15 91 047 - 173 -27 $318,588 $0 $23,866.34 $23,614.91 13 92 93 047 - 173 -28 932 -91 -101 $290_,570 - $ 311,958 ..........$0 - -$0 $22,419.89 $7,232.22 $22,183.71 - $7,156.03 13 44 94 932 -91 -102 $312,622 $0 $7,232.22 $7,156.03 44 95 932 -91 -103 $313,510 $0 $7,232.22 $7,156.03 44 96 047- 173 -29 $126.774 $0 $21.696.67 $21.468.10 6 97 047 - 173 -17 $446,471 $0 $22,419.89 $22,183.71 20 98 047 - 173 -16 $899,100 $0 $22,419.89 $22,183.71 41 99 047 - 173 -15 $182,231 $0 $22,419.89 $22,183.71 8 100 047 - 173 -13 $187,178 $0 $9,401.90 $9,302.85 20 101 047 - 173 -14 $1,268,034 $0 $13,018.00 $12,880.85 98 102 047 - 201 -01 $1,621,529 $0 $10,125.11 $10,018.45 162 103 047 - 201 -02 $51,235 $0 $3,854.78 $3,814.17 13 104 047 - 201 -26 $329,840 $0 $20,973.45 $20,752.50 16 105 047 - 201 -25 $129,114 $0 $4,339.33 $4,293.62 30 106 047 - 201 -24 $34,054 $0 $4,339.33 $4,293.62 8 107 939 -80 -001 $238,582 $0 $10,125.11 $10,018.45 24 108 939 -80 -002 $758,763 _ $0 $10,125.11 $10,018.45 76 109 047- 201 -32 $1,950,000 $0 $18,803.78 $18,605.68 105 110 047 - 201 -31 $989,132 $0 $18,803.78 $18,605.68 53 111 047 - 201 -29 $837,790 $0 $18,803.78 $18,605.68 45 112 047 - 201 -05 $329,253 $0 $18,803.78 $18,605.68 18 113 939 -80 -014 $806,505 $0 $9,401.90 $9,302.85 87 114 939 -80 -015 $590 462 $0 $9.401.90 $9.302.85 63 116 047- 201 -37 $102,301 $0 $18,803.78 $18,605.68 5 117 047- 201 -08 $169,787 $0 $18,803.78 $18,605.68 9 118 047- 201 -09 $583,612 $0 $55,688.11 $55,101.45 11 119 047 - 201 -23 $419,991 $0 $10,848.34 $10,734.05 39 120 047- 201 -22 $970.507 $0 $15.187.68 $15,027.68 65 183.71 1 B3.71 125 047- 201 -18 $352,578 $0 $22,419.89 $22,183.71 18 126 047- 201 -17 $1,531,351 $0 $22,419.89 $22,183.71 69 127 047- 201 -16 $3,942,877 $0 _$227419.89 $22,163.71 176 128 047- 201 -15 $2,041,315 $0 $22,419.89 $22,163.71 92 129 047- 201 -14 $2,204,929 $0 $22,419.89 $22,183.71 99 130 047- 201 -13 $145.367 $0 $22.419.89 $22,183.71 7 The Total True Value for this property has been land value of properties Q.Newpon BeachM99WponsW99 -2 Final Rpt draft I0sep08.dm 183.71 31 183.71 56 average assessed City of Newport Beach Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report 047 - 202 -05 September 10, 2008 Page 11 Asmt No. Assessors Parcel Number Total True Value Existing Liens Assessments as Preliminarily Approved Assessments as Confirmed and Recorded Value to Lien Ratio 133 047 - 201 -10 $680,419 $0 $26,036.00 $25,761.72 26 134 047 - 202 -01 $1,326,510 $0 $18,803.78 $18,605.68 71 135 047 - 202 -02 $1,326,510 $0 $18,803.78 $18,605.68 71 136 047 - 202 -30 $607,334 $0 $18,803.78 $18,605.68 33 137 047 - 202 -29 $603,459 $0 $18,803.78 $18,605.68 32 138 047 - 202 -04 $1,300,000 $0 $18,803.78 $18,605.68 70 139 047 - 202 -05 $125,625 $0 $18,803.78 $18,605.68 7 140 047 - 202 -06 $1,690,650 $0 $18,803.78 $18,605.68 91 141 047 - 202 -07 $1,351,182 $0 $18,803.78 $18,605.68 73 142 047 - 202 -08 $225.638 $0 $18.803.78 $18.605.68 12 145 047 - 202 -11 $146,337 $0 $18,803.78 $18,605.68 8 146 047 - 202 -12 $415,317 $0 $18,803.78 $18,605.68 22 147 047 - 202 -13 $83,828 $0 $18,803.78 $18,605.68 5' 148 047 - 202 -31 $1,702,606 $0 $36,884.34 $36,495.77 47 149 047 - 202 -28 $1,214,387 $0 $26,036.00 $25,761.72 47 150 047 - 202 -27 $981,684 $0 $22,419.89 $22,183.71 44 151 047 - 202 -26 $244,510 $0 $22,419.89 $22,183.71 11 152 047 - 202 -25 $3,026,856 $0 $22,419.89 $22,183.71 136 153 939 -80 -008 $584,701 $0 $10,848.34 $10,734.05 54 155 047 - 202 -23 $3,433,320 $0 $22,419.89 $22;183.71 155 _ 1 56 047 - 202 -22 $1,776,148 $0 $22,419.89 $22,183.71 80 157 047 - 202 -21 $3,066,934 $0 $22,419.89 $22,183.71 138 158 047 - 202 -20 $458,491 $0 $22,419.89 $22,183.71 21 159 047- 202 -19 $1,826,214 * $0 $22,419.89 $22,183.71 82 160 047 - 202 -18 $1,826,214 * $0 $22,419.89 $22,183.71 82 161 047- 202 -17 $255,757 $0 $22,419.89 $22,183.71 12 162 047- 211 -01 $542.414 $0 $18.803.78 $18.605.68 29 166 047 - 211 -05 $186,372 $0 $18,803.78 $18,605.68 10 167 047 - 211 -30 $628,701 $0 $18,803.78 $18,605.68 34 168 047 - 211 -29 $105,063 $0 $18,803.78 $18,605.68 6 169 047 - 211 -26 $536,311 $0 $29,652.11 $29,339.73 18 170 047 - 211 -27 $762,811 $0 $26,036.00 $25,761.72 30 171 047 - 211 -08 $145,236 $0 $18,803.78 $18,605.68 8 172 173 047- 211 -25 047- 211 -24 $247,123 $165,928 $0 $0 $26,036.00 - 122,419.89 $25,761.72 $22,183.71...._._..__7... 10 . 176 939 - 80-010 $1,433,432 $0 $10,848.34 $10,734.05 134 177 939 - 80-011 $1,243,171 $0 $10,848.34 $10,734.05 116 178 047 - 211 -20 $2,122,416 $0 $22,419.89 $22,183.71 96 * The Total True Value for this property has been calculated using the average assessed land value of properties Q:\Neuyort Beach Wd99\reports\ad99 -2 Final Rpt draft 10sep08.doc City of Newport Beach September 10, 2008 Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) Final Engineer's Report Page 12 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien 179 047 - 211 -19 $133,260 $0 $22,419.89 $22,183.71 6 180 047 - 211 -18 $184,661 $0 $22,419.89 $22,183.71 8 181 047 - 211 -17 $3,745,440 $0 $22,419.89 $22,183.71 169 182 047 - 211 -09 $232,808 $0 $36,161.12 $35,780.17 7 183 047 - 211 -10 $365,615 $0 $18,080.56 $17,890.08 20 _184 1- 85 047- 211 -11 047 211 -13 $324,987 $93,229 °.__...$O.._... $0 $18,080.56 $18,086Ak $17,890.08 $17,890.08 18 5 186 047 - 211 -14 $744,367 $0 $18,080.56 $17,890.08 42 187 047 - 211 -28 $1,449,194 $0 $36,161.12 $35,780.17 41 188 047 - 300 -03 $2,743,154 $0 $14,464.45 $14,312.07 192 189 047 - 212 -25 $1,779,283 $0 $114,992.24 $113,781.15 16 190 047- 212 -06 $351,038 $0 $23,143.11 $22,899.31 15 191 047 - 212 -07 $97,214 $0 $23,143.11 $22,899.31 4 192 047 - 212 -08 $431,551 $0 $23,143.11 $22,899.31 19 193 047 - 212 -19 $2,001,292 $0 $43,393.34 $42,936.20 47 194 047 - 212 -18 $555,150 $0 $43,393.34 $42,936.20 13 195 047- 212 -17 $3,130,652 $0 $29,652.11 $29,339.73 107 196 047 - 212 -16 $889,580 $0 $22,419.89 $22,183.71 40 197 047 - 212 -15 $297,936 $0 $22,419.89 $22,183.71 13 198 047 - 212 -14 $5,094,900 $0 $22,419.89 $22,183.71 230 199 047 - 212 -13 $616,200 $0 $22,419.89 $22,183.71 28 200 047 - 212 -12 $125,485 $0 $22,419.89 $22,183.71 6 201 047- 212 -11 $1,550,926 $0 $22,419.89 $22,183.71 70 202 047 - 212 -10 $991,964 $0 $22,419.89 $22,183.71 45 203 047 - 212 -09 $126,368 $0 $22,419.89 $22,183.71 6 204 047 - 240 -01 $4,604,399 $0 $75,019.85 $112,471.38 41 $182,007,804 $0 $3,845,000.00 $3,845,000.00 47 The Total True Value for this property has been calculated using the average assessed land value of properties City/State -owned property will be pre -paid prior to bond sale, therefore, value to lien ratio is not applicable Q:\Newpoft BmhWd99Vepom\ad99 -2 Final Rpt draft l OsepOSAm City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 13 Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $3,845,000 B. UNPAID SPECIAL ASSESSMENTS $0 ` TOTAL A& B $3,845,000 C. TRUE VALUE OF PARCELS $182,007,804 ** AVERAGE VALUE TO LIEN RATIO 47 :1 Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. CERTIFICATION I, the undersigned Assessment Engineer, do hereby certify that (i) the total amount of the principal sum of the special assessments proposed to be levied, together with the principal amount of previously levied special assessments, as set forth above, do not exceed one -half (1/2) the total true value of the parcels proposed to be assessed, and (ii) the amount proposed to be assessed upon any parcel does not exceed one -half of the true value of the parcel. EXECUTED on September 10, 2008. HARRIS & ASSOCIATES JOAN E.COX, P.E. R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q:Wewport BeachUd99kep0rt$\ad99 -2 Final Rpt draft 10s p08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 14 Exhibit 1 Method and Formula of Assessment Spread Since the improvements are to be funded by the levying of assessments, the "Municipal Improvement Act of 1913" and Article XIIID of the State Constitution require that assessments must be based on the special benefit that the properties receive from the works of improvement. In addition, Section 4 of Article X111D of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also provides that parcels within a district that are owned or used by any public agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District. Based upon an analysis of the special benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportiomment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits received by each parcel within the Assessment District. Ballot tabulation will be done at that time and, if a majority of the ballots weighted by assessment amount are not in opposition to the Assessment District, the City Council may form the Assessment District. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. SPECIAL BENEFIT In further making the analysis, it is necessary that the properties receive a special benefit distinguished from general benefits conferred on real property located in the District or to the public at large. The purpose of this Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities as well as rehabilitate the streets within the District. These facilities are the direct source of service to the properties within the Assessment District. Q:Wewporl Beach Ad994eporis1xd99.2 Final Rpl draft 10sep08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 15 The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing wood poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to the facilities as follows: • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. • Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. • Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. In this Assessment District, 100% of the cost allocation for the improvements is special benefit to the parcels within the Assessment District and there is no general benefit. By virtue of such special benefits, the proposed improvements will provide a higher level of service, increase the desirability of the properties and will specifically enhance the values of the properties within the Assessment District. Therefore, the proposed improvements are of direct and special benefit to these properties. All general benefits to the surrounding community and public in general from undergrounding of these local overhead utilities are intangible and are not quantifiable and are considered adequately offset by the contribution to the project financing from sources other than the assessments. Benefit Zones The Assessment District is split into two zones of benefit: North of Balboa and South of Balboa. • The North of Balboa Zone is a fairly simple system consisting mostly of wires to be undergrounded (as opposed to additional equipment, such as transformers); therefore, these construction costs are apportioned to all properties in the North of Balboa Zone in proportion to the Assessed Parcel Area calculated for each property. • The South of Balboa Zone is a more complex system consisting of wires and equipment to be undergrounded; therefore, these construction costs are apportioned to all properties in the South of Balboa Zone in proportion to the Assessed Parcel Area calculated for each property. METHODOLOGY Based upon the findings described above, the special benefit received by the properties within the boundaries of the Assessment District is the conversion from an overhead to an underground utility system resulting in additional safety, enhanced reliability, and improved aesthetics to the adjacent properties. Based on these conditions, it is our conclusion that the improvements specially benefit all assessed properties in the Assessment District. Q \Newport 11eachWd991rep0rts1ad99 -2 Final Rp[ draft IOsepOSAm City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 16 To establish the benefit to the individual parcels within the Assessment District, The highest and best use of each property is considered. For example, a vacant property is considered developed to its highest potential and connected to the system. The more a property is developed, the more it benefits from the proposed improvements. Most of properties within this Assessment District are zoned for either residential or mixed -use commercial, and many are built out to cover virtually the entire property with buildings — basically having almost full utilization of the property. There is a direct correlation between the size of a property and the extent to which a property may develop. Because parcel size is one of the main limiting factors for what can be built on a property, or the extent the property is developed, the size of each parcel is used as the base unit for measuring benefit. The area of each property has been rounded to the nearest 100 square feet (sf), which accounts for any minor area calculation inconsistencies. The area of a condominium is calculated by taking the area of the base parcel and dividing by the number of condominiums. The special benefits from the undergrounding of overhead utilities are categorized into the three (3) distinct benefits identified above. All parcels within the District, except for the few exceptions identified below, receive 3 of the 3 benefits (which is a factor of 1). Therefore, their rounded parcel areas are multiplied by I to calculate the "Assessed Parcel Area" on which costs are apportioned. Exceptions There are some parcels whose benefits do not fit the above methodology, and these are explained below. North of Balboa Zone I. Asmt No. 12, City property located at 19`h Street and Newport Channel. This property consists primarily of public access ways and recreational beach areas which do not benefit from utility undergrounding. However, a portion of this property, the restroom facility, is adjacent to 19th Street. The restroom facility is approximately 700 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 700 sf. 2. Asmt Nos. 16, 17 and 18 (1824 Vilelle Place, Units A, B and C) These condominium parcels are adjacent to the wires and poles being undergrounded in 191h Street, but will still have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels do not receive the same level of benefits as other parcels in the District; they receive half the Aesthetic and Safety Benefits and no Connection Benefit. Therefore, these properties receive 112 + 1/2 + 0 = I of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. Q:Wewpon 8eaWAd99 \reports\8d99.2 Final Rpt draft l0sepftdoc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) Final Engineer's Report Page 17 3. Asmt Nos. 19 and 20 (1830 W Balboa Blvd, Units I and 2) These condominium parcels are not adjacent to the wires and poles being undergrounded in 19th Street except for one guy pole (which is for bracing purposes only so has no service wires connected to it), and they have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels do not receive the same level of benefits as other parcels in the District; they receive half the Aesthetic Benefit and no Safety or Connection Benefits. Therefore, these properties receive 1/2 + 0 + 0 = 1/2 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/6 to calculate the Assessed Parcel Area to fairly apportion the costs. South of Balboa Zone 4. Asmt No. 21 (no address provided) This parcel will have a pole remaining directly adjacent to it, although the overhead wires crossing the property will be undergrounded. This parcel does not receive the same level of benefits as the other parcels in the District. It receives half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, this property receives 1/2 + 1/2 + 1 = 2 of 3 of the benefits of other properties. Its rounded parcel area has been multiplied by 2/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 5. Asmt Nos. 23, 24, 25 and 26 (2004, 2006, 2000 and 2001 Court) These parcels will have poles remaining adjacent to them on one of their fronting streets. These parcels do not receive the same level of benefits as the other parcels in the District. They receive half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, these properties receive 1/2 + 1/2 + 1 = 2 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 2/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 6. Asmt Nos. 102 and 103 (1733 and 1725 W Balboa Blvd) These parcels are connected to the utilities that are proposed to be underground, but do not have any of these wires and poles adjacent to their properties and do not take access from the roadways being undergrounded. These parcels do not receive the same level of benefits as other parcels in the District; they receive only a Connection Benefit, but no improved Aesthetic or Safety Benefits. Therefore, these properties receive 0 + 0 + 1 = I of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 7. Asmt No. 188, State property located south of Ocean Front at 15" Street. This property consists primarily of recreational beach areas that do not benefit from utility undergrounding. A portion of this property, the restroom facility, is served by the utilities being underground. This restroom facility is approximately 2,000 square feet in size; therefore, the Connection Benefit for this property is calculated based on the portion of the property receiving benefit, which is 2,000 sf. Q.\Newport Bmch1Ad99Veportslad99 -2 Final Rpl daft 10sep0g.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 18 8. Asmt No. 189, Church property at 1441 W Balboa Blvd. This property, which is Our Lady of Mt. Carmel Catholic Church, is zoned for "Private Institution" and as such utilizes only about half of the parcel for developed church buildings, with the other half being used exclusively for parking. Therefore, this parcel is only about 50% utilized and is considered to receive only 50% of the benefit of other properties that are, or can be, utilized to the fullest capacity of the property. Therefore, this parcel's benefit is calculated based on half the total area of the property, or at 15,900 sf. 9. Asmt No. 204, Newport Elementary School. This property has only a single pole (no wires) adjacent to its 225 linear feet of frontage on 14th Street. The pole, located at the intersection of 14th Street and the alley, is the terminus of the undergrounding project. Because of this, this property is deemed to receive no Aesthetic or Safety Benefits from the undergrounding project. Regarding the Connection Benefit, this property will receive all services from the undergrounding project (3 of the 3 services available to the other properties). However, this property also receives these services from facilities on 13th Street from poles and wires that are not being underground. This parcel does not receive the same level of benefits as the other parcels in the District. The following calculates the relative benefits it receives: (I of 3 benefits) x (3 of 3 services) x (I of 2 service locations) (1/3) x (3/3) x (1/2) = 1/6 Therefore, this property receives 1/6 the benefit of other properties. Its rounded parcel area has been multiplied by 1/6 to calculate the Assessed Parcel Area to fairly apportion the costs. 10. City-owned alley parcel. Assessor's Parcel Number (APN) 047 - 171 -21 is a part of a public alley, providing access to the alley between 20'h Street and 19th Street. This property, as part of the alley and with no potential for development, receives no special benefit from the proposed improvements and is considered exempt from assessment. 11. Parcel "Not A Part" of the Assessment District. The property located at 1600 West Ocean Front (APN 047 - 202 -16) is not a part of this assessment district due to previous utility undergrounding activities. This property does not receive any benefits from this currently proposed undergrounding project and, therefore, has been excluded from the boundaries of the Assessment District. ASSESSMENT APPORTIONMENT Each parcel will be apportioned its fair share of the construction costs based on the Assessed Parcel Area calculated for each property. Q %Newport BeaWAd99Veports1ad99 -2 Final Rpt draft 10sep08 doe City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 19 Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. The individual assessment calculations are provided in the Appendix. For particulars to the Assessment Roll, reference is made to Table I in Part III of this report. Q \Newpon Beach41d99Veports\ad99 -2 Final Rpt draft l0sep08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 20 In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. DATED: September 10, 2008 HARRIS & ASSOCIATES Q:Ntewport BeacMAdWreponsW99.2 Final Rpt draft l0sepWdoc JOAN E COX, P.E. R.C.E. No. 41965 DJ41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q:Ntewport BeacMAdWreponsW99.2 Final Rpt draft l0sepWdoc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 21 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 , 2008. 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 12008. 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 . 2008. 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 . 2008. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:1Newpod 13eachVad99Ueporlslad99 -2 Final Rpt draft IOsep08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Final Engineer's Report Page 22 Part IV Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code and shall not exceed fifty dollars ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. Q:Wenort NachlAd99treports\ad99 -2 Final apt draft IOseoll.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 23 Part V 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 Table 1. The Assessor's Parcel Number is also shown for each parcel as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessors Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel of land. Q \Newport BeachkAd99\reports\ad99-2 Final Rpt draft IosepOB.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Final Engineer's Report Page 24 - i e x -d j jx aas�_e °x g _ ' n War .aye zx j a w e V W 2 O z N Q m W 2 -j N V_ I' o O o N Z W l W011OE !35 3Nf1Hl VW O S. 00141 N �' ...�.:1_.... • I j ih O OQ m .f 1 QZQ z¢¢Z m a E 5_ 0 U Q V o O _ fr�a pQW V F F 4j 1 1 G R �p0 MO O WFm� _ r 0 c ° � i � it H , QNm� _ r j 11 rl ,VJ:tl ao: 335 (3 N'.li]lvn Q;1Newport BeachWd991reports\ad99 -2 Final Rpt draft lesepe8 doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 25 a a�` - � I tt s� Wa i I £ ryry ;:s =- Yl z w O�W ° O W N 1 OQ °a Q ZOO m°I -.: WFw --./ wpm _ _ _ 133815 p, - -- w Q %Newport BeachWd99keports\ad99 -2 Final Rpt draft I0sep08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) Final Engineer's Report Page 26 I W w lA d O �' aY ai ED a 1 N z m gym} rc c LL om� ° O O Q O : F 4 <Z �a - Of O z z s O ..i. Q ow i•F.. o(n J /: /�' I� b 133HS 33S 3N1]HDiVN z °o M° I +- cnZQ oN T ar ro �i y tV w Qym CU 4 avE3 F � f W. Q1Newport Bea&AdWreportsW99 -2 Final Rpr draft 10sep08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 27 s "` h W 2 O N 3 S 133HS 33S 3NI-iH --1V'N QO m O w N O p —° a —�-�1_ KO_ 2 1> a: p� xl r ¢ZQ �Q WW O OH s ,� > QUj zoo z O m 133L'1S - Mz W( r nmg" v� m] I m fed m :i pl Yi Q. a _J Z ti u n W i 5 a I a T: O am £ 13�HS 33S 3NI1H:11VW Q:Wewport BeachWd991reportslad99.2 Final Rpt draft 10sep09.doc I U City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 28 8 2 uj k G e 'a-M 0 N 9 133HS 33S 3N llHO1V'N _ • � ' � III � m �! ^� _.. .-.�j OZ Of > S j 0 0 Mz -4H W (n z tl , a(n mo m"z is a s s+ ry V 1331 -S 335 3\MHMVW az QANewport BeachW99VeporOad99 -2 Final Rpt draft IOsepOS.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 29 Q9Newpon BeachWd99 \reports\ad99.2 Final Rpr draft 1OsepOS.doc HO i u Lu 2 Na ! O M m 0 0 j? F- 3 N w i OMO J OwW a QZ of F0 m¢ 1 O N J '; 11932i1S- ly ..H14. F — 7 4 4 ZOO WO - -- t~ M r R z os I 4 f V, W W =� . m e o m _ _ \l 0 I 133?Jl. S. H1S L I � @' S L33HS 33S 3NIIHO_Vbl _ Q9Newpon BeachWd99 \reports\ad99.2 Final Rpr draft 1OsepOS.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 30 Part A Description of Facilities Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be installed, or improved under the provisions of the Act, including the acquisition of required right -of -way and/or property. For the general location of the improvements to be constructed referenced is hereby made to the Plans and Specifications described in Part I of this report. The following improvements are proposed to be constructed and installed in the general location referred to as Assessment District No. 99 -2. 1. Removal of existing utility poles. 2. Removal of overhead resident service drops. 3. Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes and pullboxes. 4. Construction of service conduit and appurtenances. The improvements will be designed by the Southern California Edison Company, AT &T and Time Warner Cable. The City of Newport Beach will inspect the work to ensure conformance to City standards and specifications where applicable. The City will also construct additional pavement rehabilitation as needed for the project. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company, AT &T, and Time Warner Cable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work done by the Assessment District. The estimated time for completion of the undergrounding of the utilities is 12 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 300 days of the completion of the underground facilities. Failure to convert individual service connections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 of the Municipal Code. Overhead facilities cannot be removed until all overhead service has been discontinued. Q:1Newport Beach1Ad99Veports\ad99.2 Final R.pt draft IOwpOgAm City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 31 Right -of -Way Certiflcate STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. That at all time herein mentioned, the undersigned was, and now is, the authorized representative of the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of Article XIIID of the California Constitution, and the "Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 99 -2 (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: It is acknowledged that the proposed Works of Improvement must be located within public rights -of- way, land, or easements owned by or licensed to the CITY OF NEWPORT BEACH, County of Orange, State of California, at the time of the construction of the Works of Improvement, and the undersigned hereby further certifies that all rights -of -way necessary for the Works of Improvements will be obtained and in possession of the City, County, or State prior to construction by the CITY OF NEWPORT BEACH. EXECUTED this day of California. Q \Newport BeaWAd99treports\ad99 -2 Final Rpt draft I Osep08.doc 2008, at CITY OF NEWPORT BEACH, SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California Un Stephen Badum, PE City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Final Engineer's Report Page 32 Certificate of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of perjury, CERTIFIES as follows: That I am the person who authorized to prepare and process all environmental documentation as needed as it relates to the formation of the special Assessment District being formed pursuant to the provisions of the "municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, said special Assessment District known and designated as ASSESSMENT DISTRICT NO. 99- 2(hereinafter referred to as the "Assessment District'). 2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows: CEQA compliance review: The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstructions). 3. 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 2008, at CITY OF NEWPORT BEACH, California. M Q \Newport Be MM99Veparts1ad99 -2 Final Rpt draft 10s i,08.duc Stephen Badurn, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Appendix Page 1 Assessment Calculations 23319TH Assessor's Parcel Assessed Total Property Asmt Parcel Sin (so Parcel Construction Incidental Financial Total Address No. Number Rounded Area Costs Expenses Costs Assessment _ NORTH OF BALBOA ]ONE $15,969.26 $1,994.76 $2,669.62 $26,573.64 23319TH ST 1 647- 161 -24 3,966 3,966 $22.242.88 $2,778.41 $3,634.83 $28.656.12 229 19TH ST 2 647- 161 -23 2.866 2.866 $15,969.26 $1,994.76 $2,669.62 $26,573.64 22519TH ST 3 647- 161 -26 2.766 2,766 $15,398.93 $1,923.52 $2,516.42 $19,838.87 221 19TH ST 4 647- 161 -27 2.766 2,766 $15.398.93 $1,923.52 $2,516.42 $19.838.87 21919TH ST 5 647- 161-62 2,666 2.666 $11,466.61 $1,424.83 $1,864.62 $14,695.46 21719TH ST 6 647 -161 -03 2,666 2,666 $11,466.61 $1,424.83 $1,864.62 $14.695.46 213 19TH ST 7 932 -70 -624 2.566 2,566 $14,258.27 $1,781.63 $2,336.62 $18,369.32 215 19TH ST 8 932 -70 -625 2,566 2,566 $14.258.27 $1,781.63 $2,336.62 $18.369.32 267 19TH ST 9 932 -70 -631 2,166 2,166 $11.976.95 $1,496.67 $1,95722 $15.436.24 269 19TH ST 16 932 -70 -632 2,166 2,166 $11,976.95 $1,496.67 $1,957.22 $15.436.24 211 19TH ST 11 932 -70 -633 2,166 2,166 $11,976.95 $1,496.67 $1,957.22 $15.436.24 SOUTH OF BALBOA ZONE NO SITUS 21 647 -152 -05 2991 W BALBOA BLVD 22 647- 152 -06 2994 COURT ST 23 947- 152 -12 2996 COURT ST 24 947 -152 -08 2999 COURT ST 25 947 -152 -07 2991 COURT ST 26 947- 153 -21 2994 W OCEAN FRONT 27 947- 153 -20 2992 W OCEAN FRONT 28 947- 153 -10 2999 W OCEAN FRONT 29 947- 153 -09 1915 W BALBOA BLVD 31 647- 171 -02 1,999 1,999 1913 W BALBOA BLVD 32 047- 171 -03 899 860 1911 W BALBOA BLVD 33 047- 171 -04 700 700 1909 W BALBOA BLVD 34 047- 171 -22 600 600 COURT ST 42 047- 171 -09 1 -19 51 047 -172-05 1 Q:Wewport BeachWd99VeportsW99 -2 Final Rpt draft IOsep08.doc K-1 .61 Yrflx+r'7 City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Appendix Page 2 Assessment Calculations Assessor's Parcel Assessed Total Property Asmt Parcel Size ISO Parcel Construction Incidental Financial Total Q:\Newporl SeechWd99Veponstad99 -2 Final Rpt draft 10sep08.doc City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Appendix Page 3 Assessment Calculations Assessor's Parcel Assessed Total Property AsnA Parcel Size (st) Parcel Construction Incidental Financial Total Q:W"Port Beach Wd991repOrUW99 -2 Final Rpt draft l0sepOS.am City of Newport Beach DRAFT September 10, 2008 Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Final Engineer's Report Appendix Page 4 Assessment Calculations Assessor's Parcel Assessed Total Property Asmt Parcel Size (sf) Parcel Construction Incidental Financial Total www...« u.. u..roAn. 0- ..-A -A amn Cnets Frnnnsns Costs Assessment 1526 W OCEAN FRONT 172 047 - 211 -25 3,600 3,600 $19,841.80 $2,564.69 $3,355.23 25,761.72 1522 W OCEAN FRONT 173 047 - 211 -24 3,100 3,100 $17,086.00 $2,208.48 $2,889.23 $22,183.71 1520 W OCEAN FRONT 174 047 - 211 -23 3,100 31100 $17,086.00 $2,208.48 $2,889.23 $22,183.71 1518 W OCEAN FRONT 175 047 - 211 -22 3,100 3,100 $17,086.00 $2,208.48 $2,889.23 $22,183.71 1516 W OCEAN BLVD B 1516 W OCEAN BLVD A 176939 177 -80 -010 939 -80 -011 1,500 1,500 11500 1,500 $8.267.42 $8,267.42 $1,068.62 $1,068.62 $1,398.01 $10,734.05 $1,398.01 $10,734.05 1514 W OCEAN FROM 178 047 - 211 -20 3,100 3,100 $17,086.00 $2,208.48 $2,889.23 $22,183.71 1512 W OCEAN FRONT 179 047 - 211 -19 3,100 3.100 $17,086.00 $2,208.48 $2,889.23 $22,183.71 1510 W OCEAN FRONT 1508 W OCEAN FRONT 180 181 047 - 211 -18 047 - 211 -17 3,100 3,100 3,100 3,100 $17,086.00 $17,086.00 $2,208.48 _ $2,208.48 $2,889.23 $22,183.71 _ $2,889.23 $22.183.71 11715TH ST 182 047 -211 -09 5,000 5.000 $27,558.06 $3,562.07 $4,660.04 $35,780.17 11315TH ST 183 047 - 211 -10 2,500 2,500 $13,779.03 $1,781.03 $2,330.02 $17,890.08 11115TH ST 184 047 - 211 -11 2,500 2,500 $13,779.03 $1,781.03 $2,330.02 $17,890.08 10715TH ST 185 047 - 211 -13 2,500 $13,779.03 $1,781.03 $2,330.02 $17,890.08 10515TH ST 186 047 - 211 -14 _ _ 2,500 _2,500 2,500 _ $13,779.03 $1,781.03 $2,330.02 $17,890.08 101 15TH ST NO -SITUS 187 188 047 - 211 -28 047- 300 -03 5,000 2,000 51000_ 2,000 $27,558.06 $11,023.22 $3,562.07 $1,424.83 $4,660.04 $35,780.17 $1,864.02 $14,312.07 Total Both Zones: 536,315 $2,963,072.00 $382,078.00 $499,850.00 $3,845,000.00 Q \Nmport Beach W.d991reports\ad99 -2 Final Rpt draft t0sep08.doc City of Newport Beach NO. BA- 09BA -013 BUDGET AMENDMENT 2008 -09 AMOUNT: $3,sa5,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Iq Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenues and expenditures associated with Assessment District 99 -2 if approved by property owners. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 830 Division AD 99 Reserve 4099 3605 AD 99 Fund Balance Reimbursement 010 3605 General Fund REVENUE ESTIMATES (3601) Number Various Fund /Division Account Description 4099 6960 Bond Proceeds 4099 6950 Property Owner Contributions 830 Bond Reserve EXPENDITURE APPROPRIATIONS (3603) Division Account Signed: Signed: Signed: Number 7013 General Fund - Streets Number CXXXXXXX AD 99 -2 City Property Assessment Administrative ApproySl: City City Council Approval: City Clerk 0 Amount Debit Credit $230,700 $161,705 $5,143.42 $3,614,300 $230,700 $2,890,472 $292,973 $269,150 $5,143.42 5 -i7 -DS Date /Date,, Date Description Division Number 74099 AD 99 -2 Account Number Various Construction Account Number Various Incidentals Account Number Various Financing & Capitalized Interest Division Account Signed: Signed: Signed: Number 7013 General Fund - Streets Number CXXXXXXX AD 99 -2 City Property Assessment Administrative ApproySl: City City Council Approval: City Clerk 0 Amount Debit Credit $230,700 $161,705 $5,143.42 $3,614,300 $230,700 $2,890,472 $292,973 $269,150 $5,143.42 5 -i7 -DS Date /Date,, Date CITY OF NEWPORT BEACH Assessment District 99 -2 Preliminary Recap Based on Engineer's Report Prior Year Expenditures INCEPTION TOTAL 2009 Division No. 74099 Fiscal Year Ended Budget TO DATE Project Budget Acct. 2004 2005 2006 2007 2008 2009 TOTAL Commitment Amendment Construction Electric 9801 - 1.770,010 1,770,010 Phone 9802 - 612,692 612,692 Construction Contingency 10% 9805 - 262,770 262,770 Sheet Rehabilitation 9804 245,000 245,000 Total Construction - 2,890,472 2.890,472 Incidentals & Financing Costs Electric Design 9810 15,000 15,000 15,000 - Phone Design 9811 24.500 33.100 57.600 57,600 - Assessment Engineering 9812 2.340 30.557 11.430 44.778 89.105 93,450 4.345 Construction Inspection 9813 - 88.900 68,900 City Administration 9814 - 75.000 75,000 Underwriter's Discount 9815 - - Capitalized Interest 9816 - - Bond Counsel 9817 - 35,000 35,000 Paying Agent Fees 9818 - - 3,000 3,000 Filing Fees 9819 - 5,000 5,000 Printing, Advertising, Notices 9820 - 10,000 10,000 AD Disclosure Counsel 9822 - 20,000 20,000 AD Financial Advisor 9823 - 15,000 15,000 Dissemination Agent 9827 - 3.000 3,000 Incidental Contingency 9825 - 33,728 33,728 Interest Expense 9826 Total Incidentals & Financing Costs 17.340 24,500 - 30,557 44,530 44,778 161.705 454.678 292,973 Total Proposed Expenditures 17,340 24,500 30.557 44.530 44,778 181,705 3,345,150 3.183,445 Financing Underwriter's Discount - 9902 38.450 38,450 Bond Reserve 230,700 NIA Capitalized Interest 9816 - 230,700 230,700 499,850 269.150 2009 Appropriation Needed 3,452,595 Previous Expenditures 161,705 Bond Reserve 230,700 Total Assessment District Commitment 3,845,000 3.845,000 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 1/. .. Agenda Item No. v July 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949 -644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: Proposed Assessment District No. 99 -2 — Area Generally Bounded by Balboa Boulevard and Ocean Front West, from west of 20°i Street to le Street, and 44 Street between Newport Channel and Balboa Boulevard - for Undergrounding Utilities and Designation as an Underground Utilities District Recommendations: Adopt the following Resolutions for Proposed Assessment District No. 99 -2: a. Resolution No. 2008 - Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for Proposed Assessment District No. 99 -2. b. Resolution No. 2008- _ Declaring Intention to Order the Construction of Certain improvements in Proposed Assessment District No. 99 -2; 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 Underground Utilities District. c. Resolution No. 2008- _ Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 99 -2, Setting a Time and Place for a Public Hearing as September 23, 2008; and Ordering the Initiation of Assessment Ballot Procedures. 2. Approve the Bond Counsel Agreement with Robert Hessell and authorize the Mayor and City Clerk to execute the Agreement. Discussion: On June 26, 2007, the vote for the proposed Assessment District. 99 resulted in a majority protest with 61% of the submitted ballots in opposition, and 39% of the submitted ballots in favor. Most property owners north of Balboa. Boulevard and west of 20 "' Street voted against the formation of the proposed district. Proposed Assessment District No. 99 -2-4or Undergrounding Utilities and Designation as an Underground Utilities District July 22, 2008 Page 2 Since the June 2007 vote, the District proponents have requested the City to reauthorize the original District request on the ocean -side of Balboa Boulevard between 14th and 19" Streets. After extensive discussion and review with the community, the revised District Boundary map was developed (contained in the Preliminary Engineer's Report). Staff and the proponents are very confident that the revised district will be successful and request the City to move ahead. In addition to the boundary change, which has decreased the size of the district, Federal Income Tax Component of Contribution Tax (ITCC) has been eliminated pursuant to subsequent Council direction. The ITCC is a tax assessed whenever private party contributions in aid of construction (CIAC) are made. To date, Underground Utility Districts have not been assessed this tax as underground utility districts are viewed as providing public benefit by increasing community aesthetics and public safety. Proposed Assessment District No. 99 -2 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. To date, City Council has approved a total appropriation of $165,207 for the preliminary stages of this project including $93,450 to retain the firm of Harris & Associates as the assessment engineer, and $14,157 and $57,600 to SCE and AT &T, respectively, to prepare the engineering drawings for the District. If the District is formed, these costs are incorporated into the project costs. If the District fails to form, the City is responsible for these costs. 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 up to a 40 -year term and are issued to finance assessments not paid in cash within 30 days after confirmation of the assessment. Staff is recommending a 20 -year term for this District. The estimated total cost for Proposed Assessment District No. 99 is as follows: ITEM COST Cost of Construction $2,963,072 Incidental Costs and Expenses $382,078 Financing (Bond) Costs $499,850 Estimated Total Cost: $3,845,000 Estimated cost does not include the Federal Income Tax Component of Contribution (ITCC) tax, which is a betterment tax. Bond Reserve for this district is estimated at six 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 12 percent. In addition to the payment of the assessment, each property owner is responsible for the costs of connecting the main service conduit in the pubic right -of -way to the Proposed Assessment District No. 99-2 —for Undergrounding Utilities and Designation as an Underground Utilities District July 22, 2008 Page 3 property owner's home or business. The cost to the property owner for this conversion varies depending on the condition and location of the current electrical service. Each property owner is encouraged to contact a licensed electrical contractor to assess the particular property needs. The following is a tentative schedule for proposed Assessment District No. 99 -2: Resolution of Intention July 22, 2008 Property owner information meeting August 12, 2008 Public Hearing September 23, 2008 Public utilities commence work December 1, 2008 Property owners notified to install service connections June, 2009 Property owners complete conversions February , 2010 Public utilities begin to remove overhead structures March, 2010 Public utilities finish removing poles and overhead structures June, 2010 The Assessment Engineer used a lot size" methodology to apportion assessments within this District, considering that all properties are receiving the same Safety, Connection (or reliability) and Aesthetic benefit. However, in eleven special cases the specific benefit apportioned to a property was reviewed in detail. The special benefits from undergrounding the overhead utilities were defined as follows: 1) Additional Safety Benefit — This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. 2) Connection Benefit — This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. 3) Improved Aesthetic Benefit - This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. For the special cases, these benefits were reviewed and calculated per the following: Parcel Safety Total Area` X [ Benefit + Connection + Improved Aesthetic = Benefit (SF) Factor Benefit Factor Benefit Factor points /3 `Parcel size rounded to the nearest 100 square feet to account for minor area calculation inconsistencies. The range for the estimated assessment costs per parcel is $1,664.55 to $106,659.78. Assessments vary over a wide range due to the variation of property sizes, uses, and the degree of undergrounding required. Proposed Assessment District No. 99 -2 -4or Undergrounding Utilities and Designation as an Underground Utilities District July 22, 2008 Page 4 The following is a summary of each property with special consideration: • Assessment No. 12, APN 047 - 181 -01 - This is City property located at 19th Street and Newport Channel which consists primarily of public access ways and recreational beach areas which do not benefit from utility undergrounding. However, a portion of this property, the restroom facility, is adjacent to 19 Street. The restroom facility is approximately 700 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 700 square feet. • Assessment No. 16, 17 and 18. APN 939 -85 -052, 939 -85 -053 & 939 -85 -054 — These Condominium parcels located at 1824 Vilelle Place, Units A, B and C are adjacent to wires and poles being undergrounded in 19th Street, but will still have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels do not receive the same level of benefits as other parcels in the District; they receive half the Aesthetic and Safety Benefits and no Connection Benefit. Therefore, these properties receive '/: + '/: + 0 = 1 of 3 of the aesthetic benefits of other properties. Their rounded parcels areas have been multiplied by 113 calculate the Assessed Parcel Area to fairly apportion the costs. • Assessment No. 19 and 20, APN 939-85 -057 & 939 -85 -058 - These condominium parcels located at 1830 W Balboa Boulevard, units 1 and 2 are not adjacent to wires and poles being undergrounded in 19th Street except for one guy pole, and they have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels do not receive the same level of benefits as other parcels in the District; they receive half the Aesthetic Benefit and no Safety or Connection Benefits. Therefore, these properties receive Y2+0 + 0 =' /z of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 116 to calculate the Assessed Parcel Are to fairly apportion the costs. • Assessment No. 21, APN 047 - 152 -05 - This parcel will have a pole remaining directly adjacent to it, although the overhead wires crossing the property will be undergrounded. This parcel does not receive the same level of benefits as the other parcels in the District. It receives half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, this property receives '/z +' /z + 1 = 2 of 3 of the benefits of other properties. Its rounded parcel area has been multiplied by 213 to calculate the Assessed Parcel Area to fairly apportion the costs. • Assessment No. 23, 24. 25 and 26, APN 047 - 152 -12, 047 - 152 -08, 047 - 152 -07 & 047 - 153 -21 - These parcels located at 2004, 2006, 2000 and 2001 Court Avenue will have poles remaining adjacent to them on one of their fronting streets. These parcels receive half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, these properties receive '/z + '/z + 1 = 2 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 213 to calculate the Assessed Parcel Area to fairly apportion the costs. Proposed Assessment District No. 99 -2 —for Undergrounding Utilities and Designation as an Underground Utilities District July 22, 2008 Page 5 ■ Assessment No. 102 and 103, APN 047 - 201 -01 & 047 - 201 -02 - These parcels located at 1733 and 1725 W Balboa Boulevard are connected to the utilities that are proposed to be undergrounded, but do not have any of these wires and poles adjacent to their properties and do not take access from the roadways being undergrounded. These parcels do not receive the same level of benefits as other parcels in the District; they receive only a Connection Benefit, but no improved Aesthetic or Safety Benefits. Therefore, these properties receive 0 + 0 + 1 = 1 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 113 to calculate the Assessed Parcel Area to fairly apportion the costs. Assessment No. 188, APN 047 - 300 -03 - This is State property located south of Ocean Front at 15 Street and consists primarily of recreational beach areas that do not benefit from utility undergrounding. A portion of this property, the restroom facility, is served by the utilities being underground. This restroom facility is approximately 2,000 square feet in size; therefore, the Connection Benefit for this property is calculated based on the portion of the property receiving benefit, which is 2,000 square feet. Assessment No. 189, APN 047 - 212 -25 - This property, which is our Lady of Mt. Carmel Catholic Church located at 1441 W Balboa Boulevard, is zoned for "Private Institution" and as such utilizes only about half of the parcel for developed church buildings, with the other half being used exclusively for parking. Therefore, this parcel is only about 50% utilized and is considered to receive only 50% of the benefit of the properties that are, or can be, utilized to the fullest capacity of the property. Therefore, this parcels benefit is calculated based on half the total area of the property, or at 15,900 square feet. Assessment No. 204, APN 047 - 240 -01 - This is the Newport Elementary School property which has only a single pole (no wires) adjacent to its 225 linear feet of frontage on 14th Street. The pole, located at the intersection of 14th Street and the alley, is the terminus of the undergrounding project. Because of this, this property is deemed to receive no Aesthetic or Safety Benefits from the undergrounding project. Regarding the Connection benefit, this property will only receive telephone and cable service from the undergrounding project (2 of the 3 services available to the other properties). However, this property also receives these services from facilities on 13th Street from poles and wires that are not being underground. This parcel does not receive the same level of benefits as the other parcels in the District. The following calculates the relative benefits it receives: (1 of 3 benefits) x (2 of 3 services) x (1 of 2 service locations) (1 /3) x (213) x (1 /2) = 119 Therefore, this property receives 119 the benefit of the other properties. Its rounded parcel area has been multiplied by 119 to calculate the Assessed Parcel Are to fairly apportion the costs. Proposed Assessment District No. 99 -2 —for Undergrounding Utilities and Designation as an Underground Utilities District July 22, 2008 Page 6 City -owned alleyi)arcel - Assessor's Parcel Number (APN) 047 - 171 -21 is a part of a public alley, providing access to the alley between 20th Street and 19th Street. This property, as part of the alley and with no potential for development, receives no special benefit from the proposed improvements and is considered exempt from assessment. Parcel "Not A Part" of the Assessment District - The property located at 1600 West Ocean Front (APN 047 - 202 -16) is not a part of this Assessment District due to previous utility undergrounding activities. This property does not receive any benefits from this currently proposed undergrounding project and, therefore, has been excluded from the boundaries of the Assessment District. Drawings and specifications for this assessment district were prepared by SCE, AT &T, and Time Warner Cable. Attached is a sketch showing the boundary of the proposed Assessment District No. 99 -2 and the utilities to be undergrounded. Environmental Review: A Notice of Exemption was completed February 21, 2007 and filed with the County Recorder on February 21, 2007. Funding Availability: Funds will be provided by property owner contributions and / or bond proceeds if the assessment district is approved. Prepared by: Submitted b Alfrea Castanon ph G. Badum Associate Civil Engineer Pub • Works Director Attachments: 1. Resolution Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for the Proposed District No. 99 -2 2. 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 3. Resolution Giving Preliminary Approval to the Report of the Assessment Engineer, Setting a Time and Place for a Public Hearing as September 23, 2008; and Ordering the Intention of Assessment Ballot Procedures 4. Bond Counsel Agreement 5. Notice of Exemption 6. Preliminary Engineer's Report RESOLUTION NO. 2008 - RESOLUTION ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR, PROPOSED ASSESSMENT DISTRICT NO. 99-2 (BALBOA BOULEVARD ALLEY) WHEREAS, certain property owners have requested the formation of a special assessment district, to be designated as Assessment District No. 99 -2 (Balboa Boulevard Alley) (the "Assessment District'), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the map hereinafter approved, 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 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 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 3. 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 4. 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 5. The Daily Pilot is hereby designated as the newspaper for all publications as required by law and as necessary forthe Assessment District proceedings. SECTION 6. The firm of Harris & Associates is hereby appointed the Assessment Engineer for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 7. 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 8. 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 9. This legislative body hereby authorizes the establishment of a special improvement fund for the Assessment District and into the improvement fund shall be placed all proceeds from the sale of Assessment District bonds and cash collections. In order to expedite the improvements to be made under the Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the special improvement fund. Any funds transferred into the special improvement fund (other than proceeds from the sale of Assessment District bonds and cash collections) shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of July, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 2 Mayor RESOLUTION NO. 2008- RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 99 -2 (BALBOA BOULEVARD ALLEY), DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND TO DESIGNATE THE AREAAN UNDERGROND UTITLITES DISTRICT WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 99 -2 (Balboa Boulevard Alley) (hereinafter referred to as the "Assessment District') to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, this legislative body desires to ascertain whether the area comprising the Assessment District should also be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "City "); WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, togetherwith appurtenances and appurtenant work in connection therewith, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District; WHEREAS, the assessment proceedings for the Assessment District were initiated by owners of the real property within the Assessment District; NOW THEREFORE, Be it Determined, Resolved, and Ordered as follows: DECLARATION OF INTENTION SECTION 1. The public interest and convenience require, and it is the intention of this legislative body to order, pursuant to the Act, the construction of the public improvements hereinafter described in and for the Assessment District, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. DESCRIPTION OF IMPROVEMENTS SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: A. The improvements generally consist of the conversion of existing overhead electrical and communication facilities to underground locations within the area shown on the Map, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 99 -2 (Balboa Boulevard Alley). B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment 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 property within the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District that is described as follows: All real property and other territory in the proposed Assessment District included within the exterior boundary lines shown on the Map described above, which Map, entitled "Proposed Boundaries Assessment District No. 99 -2 (Balboa Boulevard Alley)," was previously approved by this legislative body, exhibits the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements, and is on file with the transcript of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the boundary Map. 2 REPORT OF THE ASSESSMENT ENGINEER SECTION 3. The proposed improvements are hereby referred to Harris & Associates (the "Assessment Engineer") who is hereby directed to make and file a report as required by the Improvement Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XI I 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, et seq.), which bonds shall be Issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their 3 date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officerto collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above, all of the improvements shall be constructed pursuant to the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements; or D. To call bonds. IMPROVEMENTFUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into such fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. 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: Alfred Castanon, Associate Engineer City of Newport Beach P.O. Box 1794 Newport Beach, California 92658 (949) 644 -3314 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the City will not obligate itself to advance available funds from the City treasury to cure any deficiency that may occur in the bond redemption fund for the Assessment District. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is also the intention of this legislative body with respect to the improvements to be owned, managed, or controlled by any other public agency, regulated public utility, or mutual water company, prior to ordering the construction of improvements, 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 22nd day of July, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk R Mayor RESOLUTION NO. 2008- RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 99-2 (BALBOA BOULEVARD ALLEY) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 99-2 (Balboa Boulevard Alley) (hereinafter referred to as the "Assessment District ") to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, the Assessment District area should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "Ordinance "); WHEREAS, a resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and the utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the "Report ") as required by the Resolution of Intention, Sections 10203 and 10204 of the Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act') (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law") and the Ordinance; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted and preliminarily approved, as follows: A. The plans and specifications for the proposed improvements to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective real property interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several property interests in the Assessment District, in proportion to the estimated special benefits to be received by such property interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district, the proposed assessments, and the designation of the area as an underground utilities district at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on September 23, 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. SBCTION 5. The City Clerk is hereby directed to mail or cause to be malled, 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. SBCTION 6. The City Clerk is hereby further directed to fsle a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California - PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of duty, 2408, by the following. vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3 AGREEMENT FOR LEGAL SERVICES FOR BOND COUNSEL FOR UNDERGROUND ASSESSMENT DISTRICT NO. 99 -2 (BALBOA BOULEVARD ALLEY) THIS AGREEMENT, dated for purposes of identification only this 22th day of July, 2008, 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" WITNES5ETH: 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 N0.99 -2 (Balboa Boulevard Alley), to the establishment of an underground utilities district, and to any related bond or other debt issuance by, or for the benefit of the assessment district.; and WHEREAS, the CITY has determined that ATTORNEY is qualified by training and experience to perform the services of bond counsel in conjunction with City financings, and ATTORNEY is willing to provide such services to CITY; and WHEREAS, the CITY and the ATTORNEY desire to enter into this Agreement upon the terms hereinafter set forth. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. DUTIES OF ATTORNEY ATTORNEY shall (a) when engaged as bond counsel for underground utilities district No. 99 -2 (Balboa Boulevard Alley), perform all of the services set forth in Exhibit A "Scope of Services to be Provided by Bond Counsel' and, as may be requested and authorized from time to time by the City Attorney of CITY in connection with the authorization, issuance and consummation of certain City financings, and (b) provide general legal advice to the CITY, its departments, officers and employees concerning City financings, proposed City financings and other financial matters as requested of, or assigned to, ATTORNEY by the City Attorney of CITY. Performance of services by ATTORNEY may be requested by CITY by either telephone or in writing and such request shall be confirmed in writing by ATTORNEY. CITY shall specify in reasonable detail the scope of services requested with respect to each matter on which it engages the services of ATTORNEY. CITY shall also specify how such services or advice are to be billed to CITY pursuant to Paragraph 3 hereof. Unless otherwise expressly approved by CITY, services provided to CITY by ATTORNEY pursuant to this Agreement shall be provided solely by Robert E. Hessell. CITY shall have the right to personally interview any other individual whose services ATTORNEY proposes to utilize to provide services pursuant to this Agreement and shall have the right to reject any or all such individuals until CITY is satisfied that such persons have adequate credentials and experience to perform the required services for the CITY. This Agreement for services shall be non - exclusive and CITY shall, at any time, have the absolute right to use different bond counsel or disclosure counsel for matters or City financings other than those for which ATTORNEY have been specifically engaged. 2. TERM This Agreement shall continue in full force and effect until terminated by either of the parties hereto. CITY shall have the right at any time to terminate the services of ATTORNEY with regard to any matter or City financing for which ATTORNEY has previously been engaged by CITY. In the event this Agreement, or the services of ATTORNEY with regard to a particular matter or City financing, are terminated prior to the completion of any matter or City financing upon which ATTORNEY is engaged at the time of such termination, ATTORNEY shall be reasonably compensated for all services rendered to CITY, and allowable expenses incurred by ATTORNEY as set forth in Paragraph 3 D hereof, on such matter(s) or City financing(s) prior to the date of such termination of services by the CITY. 3. 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 2 One - quarter of one percent (0.25 %) of the principal amount from $5,000,001 to $10,000,000; plus One - eighth of one percent (0.125 %) of the principal amount from $10,000,001 to $20,000,000; plus One - sixteenth of one percent (0.0625 %) of the principal amount above $20,000,001. Notwithstanding the foregoing, the minimum fee shall be $20,000. The fee for the bonds or similar indebtedness shall be due and payable upon the occurrence of the Closing. 2. If Debt Is Not Issued. In the event that the AD is formed and debt is not issued for any reason, Counsel shall be paid a fee of $5,000 for all services rendered with respect to the formation of the AD. The fee shall be due and payable upon invoice from Counsel, which may be transmitted to the City following a determination that debt will not be issued. 3. Costs and Expenses. In addition to the foregoing, all costs and expenses reasonably incurred in connection with the proceedings to form the AD are to be billed to, and payable by, City. Costs and expenses will be billed at cost, except the expenses stated below will be billed as follows: Photocopying 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. 3 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. 4 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. R. Coverage Requirements i. 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 5 than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 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 Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 7. CONFLICTS OF INTEREST It is recognized that ATTORNEY may have clients who may, from time to time, have interests adverse to CITY. ATTORNEY reserves the right to represent such clients in matters not connected with the services to be provided to CITY pursuant to this Agreement. In the event that ATTORNEY represents or proposes to represent a client who may have interests adverse to CITY, in a matter connected with the services to be provided to CITY pursuant to this Agreement. ATTORNEY shall, immediately upon discovering said possible adverse interest, provide written notice to CITY of the possible adverse interest. ATTORNEY agrees to comply with any obligations they may have pursuant to California Government Code Section 87100 et seq. 8. TERMINATION OF AGREEMENT This Agreement may be terminated by the CITY at any time, with or without cause, by giving written notice to ATTORNEY. In the event of termination, all finished and unfinished documents, exhibits, data, reports, 7 and evidence shall, at the option of CITY, becomes its property and shall be delivered to it by ATTORNEY. 9. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. Upon approval of this Agreement by the City Council, all prior Agreements between the Parties shall be rescinded. 10. ASSIGNMENT Neither ATTORNEY nor CITY may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other party. 11. GOVERNING LAW; SEVERABILITY This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be and shall be deemed severable. The parties shall agree, if reasonably practicable, upon provisions which are equivalent from an economic point of view to replace any provision which is determined to be invalid. Any action brought relating to this agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12. COMPLIANCE WITH LAWS In the performance of this Agreement, ATTORNEY shall abide by and conform to any and all applicable laws of the United States, the State of California and the City Charter and Ordinances of CITY. 13. WAIVER No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion. 14. INDEPENDENT CONTRACTOR The performance of ATTORNEY'S services hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or 9 15 16. 17 employee of CITY. In consideration for the compensation paid to ATTORNEY by CITY, ATTORNEY agrees that CITY shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and ATTORNEY agrees that ATTORNEY shall not sue or file a claim, petition or application therefore against CITY or any of its officers, employees, agents, representatives or sureties. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. NO THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. NOTICE Any notice or demand required or permitted to be given by the terms of this Agreement, or by any law or statute may be given by CITY by depositing said notice or demand in the U.S. Mail, postage prepaid, addressed to ATTORNEY at ATTORNEY'S address or any new address provided by ATTORNEY in writing to CITY. Service of said notice or demand on ATTORNEY shall be complete five (5) days after deposit of said notice or demand in the mail. Any notice or demand required or permitted by the terms of this Agreement or by any law or statute may be given by either party by either (1) personal delivery, (2) FAX transmission or (3) first -class United States Mail, postage prepaid. Notices and communication concerning this Agreement shall be delivered, faxed or mailed to the following addresses: City of Newport Beach Public Works Department Attn: Michael J. Sinacori 3300 Newport Blvd. Newport Beach, CA 92658 Phone: (949) 644 -3342 FAX: (949) 644 -3308 G1 Robert Hessell 13223 -1 Black Mountain Rd. No. 310 San Diego, CA 92129 Phone: (858) 735 -7228 FAX: (858) 484 -7334 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 signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of ATTORNEY and to bind ATTORNEY hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event ATTORNEY fails to set forth a date of execution opposite the name(s) of ATTORNEY'S signator(s), ATTORNEY hereby authorizes CITY, by and through its representative, to insert the date of execution by ATTORNEY'S signator(s) as the date said Agreement, as executed by ATTORNEY, is received by CITY. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: By: City Attorney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CONSULTANT: Bv: 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 City's financing team to determine the structure of any bond or similar debt issuance; (i) assisting in the review of those sections of the official statement, if any, to be disseminated in connection with the issuance of any series of bonds related to authority and security for the bonds, tax- exemption, legal opinion, litigation, summary of bond indenture, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of any bonds or similar indebtedness; Q) 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 CITY OF NEWPORT BEACH 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 ❑ X Public Services Division P.O. Box 238 POSTED FEB 2;.1 2x17 TOM DXY, aEK41ECORDER Ry De v" 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. 99 TOM DALY.CLERK•RECORDER Project Location: Balboa Boulevard Alley, Newport Beach, CA Specific: Area bounded by McFadden Place, Balboa Blvd., 14`h St., and Ocean Front W, and 19th, 20th, and 215` Streets. Project Location -City: Newport Beach Project Location - County: Oranze Project Description: The project consists of an assessment district to underground existing overhead utilities. Recorded in OfFcial Records, Orange county Tom p +Daly, pClerk-Recorder p ry n Exempt Status: (check one) III�II! I��II�H��tBB��Ii�N��ti�III��IINV FEE ❑ Ministerial (Sec. 21080(b)(1);15268); 200785000140 02:19pm 02/21/07 ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); 90 140 tot ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); o.00 0.00 0.00 o.00 o.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 environment. F1 Name of Public Agency Approving Project: City of Newport Beach FFR 2 Date of Approval: Name of Person or Agency Carrying Out Project: Newport Beach Public Works De artmen Contact Person: Patrick L. Arciniega PE Title: Associate Civil Engineer Signature: Tel.No. (949) 644 -3311 Date: 2 • 2j • -2007 ED � 2007 K-FiECORDER v awnwasasa��m�rao�a.00c Preliminary Engineer's Report for Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Prepared under the provisions of the Municipal Improvement Act of 1913 For the City of Newport Beach County of Orange, California Prepared by: AHarris & Associates. July 22, 2008 ty of Newport Beach iderground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) eliminary Engineer's Report July 22, 2008 TABLE OF CONTENTS Page Introduction and Certifications ............................................................. ............................... 1 PART I Plans and Specifications ..................................................... ..............................4 PARTII Cost Estimate ...................................................................... ............................... 5 PART III Assessment Roll and Method of Assessment Spread ....... ..............................6 Table 1— Assessment Roll ................................................... ............................... 8 Debt Limit Valuation ......................................................... ............................... 13 Exhibit 1— Method and Formula of Assessment Spread ..... .............................14 PART IV Annual Administrative Assessment ................................. .............................20 PART V Diagram of Assessment District ........................................ .............................22 PART VI Description of Facilities ..................................................... .............................28 Right -of -Way Certificate ................................................... ............................... 29 Certification of Completion of Environmental Proceedings ............................ 30 APPENDIX Assessment Calculations Q:Wewport BeechlAMVeports4M99.2 rpt 15ju108.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 1 AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 99-2 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE The purposes of this Assessment District is to provide financing to underground power, telephone and cable facilities in the area generally described as Balboa Boulevard Alley, specifically the areas between Balboa Boulevard and Ocean Front West, from west of 20'h Street to 14th Street, and 19th Street between Newport Channel and Balboa Boulevard. The proposed underground utility improvements will provide conversion to an upgraded utility system and will improve neighborhood aesthetics. The construction of these improvements will conform to existing City of Newport Beach, Southern California Edison, AT &T and Time Wainer Cable standards. By virtue of such improvements, the proposed improvements are of special and direct benefit to these properties. Pursuant to the provisions of Article XIIID of the State Constitution, Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code of the State of California, and the "Municipal Improvement Act of 1913 ", being Division 12 of said Code, and the Resolution of Intention, adopted by the City Council of the CITY OF NEWPORT BEACH, State of California, in connection with the proceedings for Assessment District No. 99 -2 (hereinafter referred to as the "Assessment District "), I, Joan E. Cox, P.E., a Registered Professional Engineer and authorized representative of Harris & Associates, the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated below. PART I This part contains the plans and specifications which describe the general nature, location and extent for the proposed improvements to be constructed, and are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Superintendent of Streets. PART II This part contains an estimate of the cost of the proposed improvements, including capitalized interest, if any, incidental costs and expenses in connection therewith as set forth herein and attached hereto. PART III This part consists of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion Q:Wewpon BeachW.d99\reports1ad99 -2 rpt 15julMdoc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Ailey) Preliminary Engineer's Report Page 2 to the special benefits to be received by such subdivisions from said improvements, which is set forth upon the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true value, determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. PART IV This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration and registration of any associated bonds and reserve or other related funds, or both. PART V This part contains a map showing the boundaries of the Assessment District, and a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention. The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. PART VI This part shall consist of the following information: A. Description of facilities B. Right -of -Way Certificate C. Environmental Certificate This report is submitted on the day of 2008. HARRIS & ASSOCIATES JOAN E. COX, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q.\Newport BewhWd99keports\ad99 -2 xpt 15ju108.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 3 Preliminary approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the _ day of , 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 Q:\Newport BeuhWd99keporls\ad99 -2 rpt 15jul0g.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 4 Part I Plans and Specifications The plans and specifications to construct the utility undergrounding improvements, and any ancillary improvements thereof, for the area generally described as Assessment District No. 99 -2, Balboa Boulevard Alley, specifically the areas between Balboa Boulevard and Ocean Front West, from west of 20th Street to 14th Street, and 19th Street between Newport Channel and Balboa Boulevard, describe the general nature, location and extent of the improvements for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. Said Plans and Specifications for the improvements are on file in the office of the Superintendent of Streets. Q:Wewport Beach\M99 \reports\ad99 -2 rpt 15julMdoc City of Newport Beach duly 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 5 Part II Cost Estimate Estimated Costs Preliminary Confirmed CONSTRUCTION COSTS" $1,686,260 North of Balboa Zone $552,970 Electrical Construction Costs (Southern California Edison) $83,750 Telephone Construction Costs (AT &T) $59,722 Street Rehabilitation $45,000 Contingency (10%) $18,847 AT &T Design Engineering (prorated) $3,386 Edison Design Engineering (prorated) $882 Subtotal North of Balboa Zone Construction Costs: $211,587 South of Balboa Zone Electrical Construction Costs (Southern California Edison) $1,686,260 Telephone Construction Costs (AT &T) $552,970 Street Rehabilitation $200,000 Contingency(10%) $243,923 AT &T Design Engineering (prorated) $54,214 Edison Design Engineering (prorated) $14,118 Subtotal South of Balboa Zone Construction Costs: $2,751,485 Total Construction Casts: $2,963,072 INCIDENTAL EXPENSES Assessment Engineering Contract Inspection Disclosure Counsel City Administration Financial Advisor Filing Fees Bond Counsel Paying Agent Dissemination Agent Financial Printing, Registration and Servicing Incidental Contingencies Total Incidental $93,450 $88,900 $20,000 $75,000 $15,000 $5,000 $35,000 $3,000 $3,000 $10,000 $33,728 Expenses: $332,078 Total Construction and Incidental Expenses: $3,345,150 FINANCING COSTS (1st Bond Issue) Underwriter's Discount 1.00% $38,450 Bond Reserve / Credit Enhancement 6.00% $230,700 Funded Interest @ 12 months @ 6.00% $230,700 Total Financial Costs: 499,850 TOTAL AMOUNT TO ASSESSMENT: $3,845,000 ` Time Warner Cable is required to payfor undergrounding through the Franchise Agreement with the City. Q:Wewport Be h1Ad99kepmtS%ad99- 2 tpt 15juI08AM City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 6 Part III Assessment Roll and Method of Assessment Spread WHEREAS, on the City Council of the CITY OF NEWPORT BEACH, State of California, did, pursuant to the provisions of the 1913 Act "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code, of the State of California, adopt its Resolution of Intention No. for the installation and construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 99 -2 (hereinafter referred to as the "Assessment District "); and WHEREAS, said Resolution of Intention, as required by law, did direct the Engineer of Work to make and file a "Report", consisting of the following as required by Section 10204 of the Act: a. Plans b. Specifications c. Cost Estimates d. Assessment Diagram showing the Assessment District and the subdivisions of land therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels within the boundaries of the Assessment District; f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted. NOW, THEREFORE, I, Joan E. Cox, the authorized representative of HARRIS & ASSOCIATES, pursuant to Article XI11D of the California Constitution and the "Municipal Improvement Act of 1913 ", do hereby submit the following: Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto and incorporated herein. 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. Q \Newpon Beach1Ad991repoM\ad99 -2 ,pt 15ju108.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 7 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the 'Improvement Bond Act of 1915'), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, THIRTY -NINE (39) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913 ", and by further direction and order of the legislative body, I hereby 'recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q:Wewport B=MAd994eports\ad99 -2 tpt 15ju[08.doc As Preliminarily As Approved Confirmed Estimated Cost of Construction: $2,963,072 Estimated Incidental Expenses: $382,078 Estimated Financial Costs: $499,850 Estimated Total to Assessment: $3,845,000 For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q:Wewport B=MAd994eports\ad99 -2 tpt 15ju[08.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 8 Table 1 Assessment Roll Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 1 047 - 161 -24 $2,262,553 $0 $28,720.68 79 2 047- 161 -23 $1,517,405 " $0 $20,619.98 75 3 047- 161 -26 _$1,539,640 $964,684 $0 $19,883.56 - -- 49 4 047 - 161 -27 $1,004,807 $0 $19,883.56 ---- .......51. 5 047 -161 -02 $127,723 $0 $14,728.56 - 9 6 - 047 -161 -03 $145,368 $0 $14,728.56 - - -- 10 7 932-70-024 $672,321 $0 $18,410.70 37 11 932 -70 -033 $980,553 $0 $15,465.00 63 12 047 -181 -01 $1,517,405 " $0 $5,155.00 294 13 047 -181 -02 $184,322 -- -$0 — $18,410.70 10. 14 15 047 -181 -03 047 -181 -04 $1,086,100 $128,560 $0 ..$0.-- $18,410.70 " $18,410.70 59 7 939-85 -053 18 939-85 -054 $231,688 $0 $2,452.30 $0 _$1,841.08 - $0 $1,641.08 _ 94 441 163 _ 19 939-85 -057 $811,513 26---939 -85- $299,436 21 047 -152 -05 $267,674 $0 $10,609.68 — -- 25 22 23 047 -152 -06 047 - 152 -12 $421,299 $136,75t --TO------"$7232.22 $0 $25,312.7_8 17 19 24 047 -152 -08 $325,183 $0 $11,087.00 29 25 26 047 -152 -07 047-153-21--'- $497,322 $268,989_- $0 $12,533.45 $0 $21,212.11 _ 40 13 27 047 - 153 -20 $224,697 $0 $15,187.68 15 28 047 - 153 -10 $1,287,142 $0 $16,634.11 77 29 047 -153 -09 $1,405,326 $0 $12,294.78 $0 $13,018.00 - - 114 11 30 047 -171 -01 $149,561 _ 31 047-171-02 $56,785 $0 $7,232.22 - -- 8 32 33 047 - 171 -03 047-171-04----- $31,081 $28,995 _.- $0 $5,785.78 $0 --"'--'$'-5",062.56 5 6 34 047- 171 -22 $28,548 $0 $4,339.33 -- 7 35 047 - 171 -16 $165,824 $0 $12294.78 13 36 047 - 171 -15 $100,941 $0 $13,741.23 7 37 047 - 171 -14 $963,635 $0 $13,741.23 70 $0 ..... The Total True Value for this property has been calculated using the average assessed land value of properties City /State-owned propertywill be pre -paid prior to bond sale, therefore, value to lien ratio is not applicable Q: Newport BeachWM99\reportAad99 -2 rpt 15julWdoc City of Newport Beach 047 - 172 -25 $464,982 47 July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) - 48 - 49 Preliminary Engineer's Report $494,145 $1,043,551 50 -172-04 Page 9 51 _047 047 -172 -05 $476,885 52 047 -172 -06 Assessor's Total 047 -172 -07 047 - 172 -19 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 41 047 - 171 -10 $1,234,200 $0 90 — 42 047 -171 -09 ..._.... $1,565,190 $0 $13,741.23 114 43 047 - 171 -20 $86,600 $0 $17,357.33 5 44 047 - 171 -19 $86,670 $0 $15,187.68 6 45 047 - 171 -17 $1,456,560 $0 $15,187.68 -- - -____ 96 46 047 - 172 -25 $464,982 47 047- 172 -24 $416,927 - 48 - 49 047 -172 -02 047-172 -03 $494,145 $1,043,551 50 -172-04 $102,219 51 _047 047 -172 -05 $476,885 52 047 -172 -06 $1,064,803 53 54 047 -172 -07 047 - 172 -19 $886,200 $1,011,097 59 04. 3 62 047 -1 69 047 -172 -09 70 047 -173 -01 71 047- 173-34 72 047 -17333 73 047 -173 -03 74 047 -173-04 73-31 73-07 73 -24 24 32 38 80 68 _ 78 - .. 122.._... $14,464.45 121 _ $14,464.45 122 $0 $14,464.45 $0 $14,464.45 $0 $14,464.45 $0 $14,464.45 $0 $13,741.23 $0 $15,187.68 $0 $27,482.45 $0 $18,080.56 $0 $18,803.78 $0 $18,080.56 $0 $18.803.78 42 8 - -_..._ 7 224 _- 21 85 5 27 30 %$l 80 047 - 173 -23 $114,893 $0 $18,080.56 6 81 047 -173 -09 $1,466,964 $0 ..,_ $18,080.56 81 82 047- 173 -10 $612,957 $0 $18,080.56 34 83 84 047- 173 -11 047- 173 -12 $422,131$0....,_ $180,402 $0 $18,080.56 $36,884.34 -- 23 5 -- 85 047 - 173 -22 $6,783,079 ' $0 $81,000.90 .. 84 86 047 - 173 -25 $1,358,711 $0 $26,036.00 The Total True Value for this property has been calculated using the land value of properties 52 average assessed Q:\Newport B=MAd994eports\ad99 -2 rpt 15ju108.doc City of Newport Beach 932-�J1 -097 $962,106 $0 July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) 047 - 201 -02 Preliminary Engineer's Report $360,093 $0 $23,866.34 Page 10 91 047 - 173 -27 $318,588 $0 $23,866.34 Assessor's Total 047- 173 -28 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 87 932 -91 -095 $804,154 $0 $7,955.45 101 32 88 9-91 -096 $1,124,692 $0 $7, 955.45 ..._.__ -141 89 932-�J1 -097 $962,106 $0 $7,955.45 12190 047 - 201 -02 047 - 173 -20 $360,093 $0 $23,866.34 15 91 047 - 173 -27 $318,588 $0 $23,866.34 13 92 047- 173 -28 $290,570 $0 $22,419.89 13 93 932-91 -101 $311,958 $0 $7232.22 43 94 932-91 -102 $312,622 $0..._ $7232.22 — 43 -- 95 932-91 -103 $313,510 $0 $7232.22 43 __..96. -047- 173 -29 $126,774 $0 $21,696.67 — 6 97 047 - 173 -17 $446.471 $0 - $22.419.89 20 100 047 - 173 -13 — $187,178 $0 U901-Al- 101 047 - 173 -14 $1.268.034 $0 $13.018.00 102 047 -201 -01 $1,621,529 $0 $10,125.11 103 047 - 201 -02 $51,235 $0 $3,854.78 _ 104 _047- 201 -26 $329,840 $0 $20,973.45 105 047 - 201 -25 $129,114 $0 $4339.33 1 -32 1 -31 11 10 _ 30 8 24 53. _. 112 047 -201 -05 $329,253 $0 $18,803.78 18 113 939-80 -014 $806,505 $0 $9,401.90 86 114 939-80 -015 $590,462 $0 $9,401.90 $0 $18,803.78 $0 $18,803.78 _ 63 5 — 5 _ 115 047 - 201 -36 $102,300 _ 116 047 - 201- 37....... _$102,301 117 047 -201 -08 $169,787 $0 $18,803.78 -- -- 9 118 047 - 201 -09 $583,612 $0 $0 $55,688.11 $10,848.34 10 39 119 047 - 201 -23 $419,991 120 - 047 - 201 -22 $970,507 _ $0 $15,187.68 -- 64 121 122 047- 201 -21 047- 201 -20 $835,780 $1,826,214 " $0 $0 $22,419.89 37 $2zals.as 81 123 939-80 -020 $846,643 $0 $10,848.34 78 124 939-80 -021 $541,950 $0 $10,848.34 _ 50 125 047- 201 -18 $352,578 $0 $22A19.89 16 -126 047 - 201 -17 $1,531,351 ' $0 $0 - $22,419.89 - -- -fib 127 047 - 201 -16 $3,942,877 $22419.89 176 128 047 - 201 -15 $2,041,315 $0 $22,419.89 — 91 _ 129_047 - 201 -14 $2,204,929 $0 $22x19.89 98 130 047 - 201 -13 $145,367 $0 $0 $22,419.89 _ _ 6 131 047 - 201 -12 $695,618 $22,419.89 31 132 _ 047 - 201 -11 $1,234,908 $0 $22,419.89 55 ` The Total True Value for this property has peen calculated using the average assessed land value of properties QANmport BeacMAd99kepmU\ad99 -2 rpt 1Su108.dm City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) $0 Preliminary Engineer's Report Page 11 32 137 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Aooroved and Recorded Ratio M 136 047 - 202-30 $607,334 $0 $18,803.78 - 81 32 137 047_- 202 -29 $603,459 $0 $18,803.78 _ 162' 163 -- 32 _- 138 139 047 -202-04 047 -202 -05 $1,300,000 $125,625 $0 $0 __$18,803.78 $18,803.78 047- 211 -03 69 7 140 047 -202 -06 $1,690,650 $0 $18,803.78 $129,955 $186,372 90 141 142 047 -202 -07 047 -202 -08 $1,351,182 $225,638 $0 $0._._..__.....$18,803.78 $18,803.78- -- - 72 12 143 047 -202 -09 $3579016 $0 $189803.78 19 144 047 - 202 -10 $1.565.326 ' $0 $18.803.78 83 150 047 - 202 -27 151 047 - 202 -26 152 047 - 202 -25 1 157 0, $0 $0 $22,419.89 44 - - 11 135 54 78 160 047 - 202 -18 $1,826,214 $0 $22,419.89 _- - 81 161 047 - 202 -17 $255,757 $0 $22,419.89 29 _ 162' 163 -047 -211 -01 047 -211 -02 $542,414 $1,821,720 $0_ $0 $18,803.78 $18,803.78 29 97 164 047- 211 -03 $97,693 $0 $18,803.78 5 165 166 047 -211-04 047 -211 -05 $129,955 $186,372 $0 $0 $18,803.78 $18,803.78 -- 7 10 167 047 -211 -30 $628.701 $0 $18203.78 33 169 047 - 211 -26 $536,311 $0 $29,652.11 18 170 047 - 211 -27 — $762,811 $0 $26,036.00 - _ 29 171 047 -211 -08 $145,236 $0 $18_,803.78 8 172 047 - 211 -25 $247,123 $0 $26,036.00 9 173 047 - 211 -24 _ $165.928 $0 $22.419.89 7 177_ 939-80 -011 $1,243,171 $0 $10,848.34 115 178 047 - 211 -20 $2,122,416 $0 _ $22,419.89 95 ' The Total True Value for this property has been calculated using the average assessed land value of properties Q:\Newport B=MM994epwtsVa -2 rpt 15ju[08.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 12 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien 188 047 -000 -03 $2,743,154 *` $0 $14,464.45 $0 190 -- 15 189 047-212 -25 $1,779,283 - -- 190 047 - 212-06 $351,038 $0 $23,143.11 15 191 047 - 212-07 $97,214 $0 $23,143.11 4 -192 047 -212 -08 $431,551 _ $0 $23,143.11 19 193 047 - 212 -19 -- $2,001,292 $0 _ $43,393.34 $0 $43,393.34 46 13 194 047 - 212 -18 $555,150 195 047 - 212 -17 $3,130,652 * $0 $29_,652.11 106 196 047 - 212 -16 $889,580 $0 $22,419.89 - - - -- ........40 _ 197 047 - 212 -15 $297,936 $0 $22,419.89 $0 - -- $22,419.89 -- 13 227 —1§8047-212-1T $5,094,900 199 047 - 212 -13 $616,200 $0 $22,419.89 27 200 047- 212 -12 $125,485 $0 $22,419.89 6 -- -69 201 047 - 212 -11 $1,550,926_ $0 $22,419.89 _ _ 44 202 047 - 212 -10 $991,964 —P---'—$22,419,89 203 047 -212 -09 $126,368 $0 $22,419.89 _ _ 6 204 047 - 240 -01 $4,604,399 $0 $75,019.85 61 $182,007,804 $0 $3,845,000.00 47 ' The: Total True;Value.for.this property has been calculated using the average assessed land value of properties " City /State -owned property will be pre -paid prior to bond sale, therefore, value to lien ratio is not applicable Q:\Newport Beach\Ad99Vgvrts\ad99 -2 rpt 15julWdoc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 13 Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $3,845,000 B. UNPAID SPECIAL ASSESSMENTS $0 TOTAL A& B $3,845,000 C. TRUE VALUE OF PARCELS $182,007,804 ** AVERAGE VALUE TO LIEN RATIO 7::4:7::l] Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. CERTIFICATION I, the undersigned Assessment Engineer, do hereby certify that (i) the total amount of the principal sum of the special assessments proposed to be levied, together with the principal amount of previously levied special assessments, as set forth above, do not exceed one -half (1/2) the total true value of the parcels proposed to be assessed, and (ii) the amount proposed to be assessed upon any parcel does not exceed one -half of the true value of the parcel. EXECUTED on July 22, 2008. HARRIS & ASSOCIATES JOAN E.COX, P.E. R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q: \Newport Be cb41d991reports\A99 -2 rpt 15ju108.doc City of Newport Beach July 22, 2808 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 14 Exhibit 1 Method and Formula of Assessment Spread Since the improvements are to be funded by the levying of assessments, the "Municipal Improvement Act of 1913" and Article XIIID of the State Constitution require that assessments must be based on the special benefit that the properties receive from the works of improvement. In addition, Section 4 of Article XIIID of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also provides that parcels within a district that are owned or used by any public agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District. Based upon an analysis of the special benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportionment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits received by each parcel within the Assessment District. Ballot tabulation will be done at that time and, if a majority of the ballots weighted by assessment amount are not in opposition to the Assessment District, the City Council may form the Assessment District. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. SPECIAL BENEFIT In further making the analysis, it is necessary that the properties receive a special benefit distinguished from general benefits conferred on real property located in the District or to the public at large. The purpose of this Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities as well as rehabilitate the streets within the District. These facilities are the direct source of service to the properties within the Assessment District. Q." Newpon BewhWd99keports\ad99 -2 rpt 15julo8.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 15 The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing wood poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to the facilities as follows: • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. • Additional Safety Benefit. This benefit relates to the additional safety of having the overhead distribution wires placed underground and having the power poles removed, which eliminates the threat of downed utility lines and poles due to wind, rain and other unforeseeable events. • Connection Benefit. This benefit relates to the enhanced reliability of service from the utilities being underground, due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed lines. In this Assessment District, 100% of the cost allocation for the improvements is special benefit to the parcels within the Assessment District and there is no general benefit. By virtue of such special benefits, the proposed improvements will provide a higher level of service, increase the desirability of the properties and will specifically enhance the values of the properties within the Assessment District. Therefore, the proposed improvements are of direct and special benefit to these properties. All general benefits, if any, to the surrounding community and public in general from undergrounding of these local overhead utilities are intangible and are not quantifiable. Benefit Zones The Assessment District is split into two zones of benefit: North of Balboa and South of Balboa. • The North of Balboa Zone is a fairly simple system consisting mostly of wires to be undergrounded (as opposed to additional equipment, such as transformers); therefore, these construction costs are apportioned to all properties in the North of Balboa Zone in proportion to the Assessed Parcel Area calculated for each property. • The South of Balboa Zone is a more complex system consisting of wires and equipment to be undergrounded; therefore, these construction costs are apportioned to all properties in the South of Balboa Zone in proportion to the Assessed Parcel Area calculated for each property. METHODOLOGY Based upon the findings described above, the special benefit received by the properties within the boundaries of the Assessment District is the conversion from an overhead to an underground utility system resulting in additional safety, enhanced reliability, and improved aesthetics to the adjacent properties. Based on these conditions, it is our conclusion that the improvements specially benefit all assessed properties in the Assessment District. To establish the benefit to the individual parcels within the Assessment District, The highest and best use of each property is considered. For example, a vacant property is considered developed to its highest potential and connected to the system. Q:Wewpon Be MAd99treports\M99 -2 Ipt 15julf) &doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99 -2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 16 The more a property is developed, the more it benefits from the proposed improvements. Most of properties within this Assessment District are zoned for either residential or mixed -use commercial, and many are built out to cover virtually the entire property with buildings — basically having almost full utilization of the property. There is a direct correlation between the size of a property and the extent to which a property may develop. Because parcel size is one of the main limiting factors for what can be built on a property, or the extent the property is developed, the size of each parcel is used as the base unit for measuring benefit. The area of each property has been rounded to the nearest 100 square feet (sf), which accounts for any minor area calculation inconsistencies. The area of a condominium is calculated by taking the area of the base parcel and dividing by the number of condominiums. The special benefits from the undergrounding of overhead utilities are categorized into the three (3) distinct benefits identified above. All parcels within the District, except for the few exceptions identified below, receive 3 of the 3 benefits (which is a factor of 1). Therefore, their rounded parcel areas are multiplied by 1 to calculate the "Assessed Parcel Area" on which costs are apportioned. Exceptions There are some parcels whose benefits do not fit the above methodology, and these are explained below. North of Balboa Zone 1. Asmt No. 12, City property located at 19th Street and Newport Channel. This property consists primarily of public access ways and recreational beach areas which do not benefit from utility undergrounding. However, a portion of this property, the restroom facility, is adjacent to 190' Street. The restroom facility is approximately 700 square feet in size. Therefore, the benefit for this property is calculated based on the portion of the property receiving benefit, which is 700 sf. 2. Asmt Nos. 16, 17 and 18 (1824 Vilelle Place, Units A, B and C) These condominium parcels are adjacent to the wires and poles being undergrounded in 190 Street, but will still have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels do not receive the same level of benefits as other parcels in the District; they receive half the Aesthetic and Safety Benefits and no Connection Benefit. Therefore, these properties receive 1/2 + 1/2 + 0 = 1 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 3. Asmt Nos. 19 and 20 (1830 W Balboa Blvd, Units 1 and 2) These condominium parcels are not adjacent to the wires and poles being undergrounded in 19th Street except for one guy pole (which is for bracing purposes only so has no service wires connected to it), and they have wires and poles adjacent to them in Vilelle Place, to which they are connected. These parcels do not receive the same level of benefits as other parcels in the Q:1Ne%wrt Be MAdWreportsW" -2 rpt 15julOSAm City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 17 District; they receive half the Aesthetic Benefit and no Safety or Connection Benefits. Therefore, these properties receive 1/2 + 0 + 0 = 1/2 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/6 to calculate the Assessed Parcel Area to fairly apportion the costs. South of Balboa Zone 4. Asmt No. 21 (no address provided) This parcel will have a pole remaining directly adjacent to it, although the overhead wires crossing the property will be undergrounded. This parcel does not receive the same level of benefits as the other parcels in the District. It receives half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, this property receives 1/2 + 1/2 + 1 = 2 of 3 of the benefits of other properties. Its rounded parcel area has been multiplied by 2/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 5. Asmt Nos. 23, 24,25 and 26 (2004, 2006, 2000 and 2001 Court) These parcels will have poles remaining adjacent to them on one of their fronting streets. These parcels do not receive the same level of benefits as the other parcels in the District. They receive half of the Aesthetic and Safety Benefits but all of the Connection Benefit. Therefore, these properties receive 1/2 + 1/2 + 1 = 2 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 2/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 6. Asmt Nos. 102 and 103 (1733 and 1725 W Balboa Blvd) These parcels are connected to the utilities that are proposed to be underground, but do not have any of these wires and poles adjacent to their properties and do not take access from the roadways being undergrounded. These parcels do not receive the same level of benefits as other parcels in the District; they receive only a Connection Benefit, but no improved Aesthetic or Safety Benefits. Therefore, these properties receive 0 + 0 + 1 = 1 of 3 of the benefits of other properties. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 7. Asmt No. 188, State property located south of Ocean Front at 15`s Street. This property consists primarily of recreational beach areas that do not benefit from utility undergrounding. A portion of this property, the restroom facility, is served by the utilities being underground. This restroom facility is approximately 2,000 square feet in size; therefore, the Connection Benefit for. this property is calculated based on the portion of the property receiving benefit, which is 2,000 sf. 8. Asmt No. 189, Church property at 1441 W Balboa Blvd. This property, which is Our Lady of Mt. Carmel Catholic Church, is zoned for "Private Institution" and as such utilizes only about half of the parcel for developed church buildings, with The other half being used exclusively for parking. Therefore, this parcel is only about 50% utilized and is considered to receive only 50% of the benefit of other properties that are, or can Q:1Newport Be=hW.d99Veports\sd99 -2 rpt 15ju108.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 18 be, utilized to the fullest capacity of the property. Therefore, this parcel's benefit is calculated based on half the total area of the property, or at 15,900 sf. 9. Asmt No. 204, Newport Elementary School. This property has only a single pole (no wires) adjacent to its 225 linear feet of frontage on 14th Street. The pole, located at the intersection of 14th Street and the alley, is the terminus of the undergrounding project. Because of this, this property is deemed to receive no Aesthetic or Safety Benefits from the undergrounding project. Regarding the Connection Benefit, this property will only receive telephone and cable service from the undergrounding project (2 of the 3 services available to the other properties). However, this property also receives these services from facilities on 13v' Street from poles and wires that are not being underground. This parcel does not receive the same level of benefits as the other parcels in the District. The following calculates the relative benefits it receives: (1 of 3 benefits) x (2 of 3 services) x (1 of 2 service locations) (1/3) x (2/3) x (1/2) = 1/9 Therefore, this property receives 1/9 the benefit of other properties. Its rounded parcel area has been multiplied by 1/9 to calculate the Assessed Parcel Area to fairly apportion the costs. 10. City-owned alley parcel. Assessor's Parcel Number (APN) 047- 171 -21 is a part of a public alley, providing access to the alley between 20s` Street and 19v' Street. This property, as part of the alley and with no potential for development, receives no special benefit from the proposed improvements and is considered exempt from assessment. 11. Parcel "Not A Part" of the Assessment District. The property located at 1600 West Ocean Front (APN 047- 202 -16) is not a part of this assessment district due to previous utility undergrounding activities. This property does not receive any benefits from this currently proposed undergrounding project and, therefore, has been excluded from the boundaries of the Assessment District. ASSESSMENT APPORTIONMENT Each parcel will be apportioned its fair share of the construction costs based on the Assessed Parcel Area calculated for each property. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. The individual assessment calculations are provided in the Appendix. For particulars to the Assessment Roll, reference is made to Table 1 in Part III of this report. Q;\Newport Beach\Ad99 \rep0rts \ad99 -2 tpt 15ju108.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 19 In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. DATED: July 22, 2008 HARRIS & ASSOCIATES Q:Wcwport Beach\Ad99Veponstad99 -2 rpt 15ju]08Aoc JOAN E COX, P.E. R.C.E. No. 41965 areas a 3/31/10 # ASSESSMENT ENGINEER CITY OF NEWPORT BEACH �r -� c�1F°� COUNTY OF ORANGE, STATE OF CALIFORNIA Q:Wcwport Beach\Ad99Veponstad99 -2 rpt 15ju]08Aoc City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 20 I, , as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of 2008. 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 , 2008. 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 2008. 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 , 2008. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:N ewport Be MM99\reports\ad99 -2 rpt 15ju108.dm City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 21 Part IV Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(1) of the Streets and Highways Code and shall not exceed fifty dollars ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. Q.Wewport Beach\Ad99\reports\ad99 -2 rpt 15julMdoc of Newport Beach July 22, 2008 aground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) minary Engineer's Report Page 22 Part V 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 Table 1. The Assessor's Parcel Number is also shown for each parcel as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel of land. Q:Wewport 13mcMdWrTamNad99 -2 rpt 15jWO8.dm A m Y 6 b N t3 r O W �4 iy FR C ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 -2 BALBOA BOULEVARD ALLEY \2 CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA = T_��-TRT_�LRSII� OF BALBOA ZONE ' �� :III III 1111111 �_'IIIIIIII ®I ligullillillirl 11111111111_LIiI iIiiIiI�II iIi !JKiL^1llllY/V/lll /V /C !' /NSLYIf/r U'.'CHIL ^ NH411C1/ - © /1KRIR��F �y IIIIIrHIiINB IIIIIIII IIIIIII co. ac• K m E R :.:R. R SHEET 6 XF BO' NWT OF ]YE PROPOWED MSUP14ENI OSTRET EOIAWEDES WITH THE ASSE=R'S PARCELS W wx I BODXDARf LWES ANO gX.fXOpxS OE KSESSOp5 Rp ELS REEEpEXC[ .1 . .D TXE ME CPAXCE CWXIL 455ES ... ,EU11W1Y U.. " PAGES I5. E 11. 1& N. 31. SA AND ]O. ALL gKnSERZ SXOXX XERfw ME PER ME n E%OP3 PARCEL uWi NOT TO SCALE 11CCE9.ART FILED AT ME REWEV Cf OW Of NEWPORT BEAM TWE Wrt RED XSI& XT OFII PWE FA UME CDI RRICTS. i NO cWOF M fEGOTES OF ME MME IFflC£ Of ME STATE OF CAME IA, 6 wIM'F. SiE2 Ci CALIFORNIA, TERR .1 E.ORY, ELER, RECORDER Bx OEWtt pdPT RETENEWHO PER GG 81 W REIX(OEO IX ME . OF ME AIPOWRNOExi EP s MEETS. att OF xEAPERT BEECX, M6 -DEN OF suPglX'E1tlfMT EP s.1 AN AERBEESIOR RAS LEAW BY ME OW CWNOL OR ME LOW. NEEES AND PAR. OF WID ... M M5 /SBESFMENi CMBRMI. SW ASSE45YENT YMB .E0 . ME _ OAx Cf NJe REFEREACE 5 A" TD 111E A5O6AIWT NGLL REC.. w ME OR10E OF 111E "PEAYIIEADENT OF SIREEIS FOR ME ERACT ARMPIT Of E ABBESAIENi LEM ADAWST ME Pm S110M OW MIS AssssuwT wAauY. Ott .E FUEO w ME .EE OF ME Ott CLEItl( OF ME Ott OF xEYPOIT OEAEx MAY _ BAY a -. Np4 OM1 CIFAN LEGEND, ASSESSOR'S PPRLEL TINE - LOT IRE ASSESSISENT DISMICi BWNOARY ,. - - -- MACT UXE -'- CENTERNXE CA SM1I -AHIS DATEDAIE 0R/SD/YRISRECT vcc� 3. Z WAR a WAR Bp�pk 2D �q i fA A 3 N N O Y! N S d g 6 a L C d N O N O W LO p W Y, s w y� 9 e m ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 -2 ( BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA NORTH OF BALBOA ZONE \ Assessor's Mao Book 047 a M3 u 0. s ............ 5 % r �9 ........... I T m' /ly .............. EA Mq rCN4/Ne N.A.P.' Sep U LEGEND: h EMR's PMCEL LINE LOT LINE ASSESSMENT DISTRICT BOU`Q"y —'— CENTERUNE `H t) RSSESSORZ PP(£ SECTON (t) ASSESSOR'S PNCEL NUMBER I LOT NUMBER • MILES TO BE REMOVED O PIX£S TO REMNN WRES TO BE REMOV N.A.P. NOT A PART BE ASSESSMENT DISTRICT I, ASSESSMENT NUMBER oIU`?wc SCALE 1. 1 ?. Lam L) n� oc� n A 3 O w O fG N d O m O c t o. a 4 c ry N O N O I t; S e g� N 2 c m 4 ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 -2 ( BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA 44q;-' y��NF sFF s 3o- � yFFT Assessor's Map Book 047 SOUTH OF BALBOA ZONE 0 GRAPHIC SCALE Tvvm� LEGEND — ASffssORS PARCEL. 11E ....... LOT ONE �..� MEMNENT OISE m BOUN04Qr —'�— LENTEAUNE C1l 1 ASSESSOR'S PACE ;C ➢ON v ASSESWR'S PARCEL NOMBER I LOT NNOBER • POLES TO BE REMOVED o POLES TO MAN. .... - -. MREN TO BE RENOVE0 N.A.P, NOT A PART OF ASME WUIT OISiRICT M ASSESSRENT RUBBER °o a� m v M 0 mN O6 N 0 C 41 C d a a A L C Z p� N {D O N C U iO A ED B, s e r7 6 v e c cl) Ea o z c i n0 c0 O 2 O ESP n N S O ED 0 c ED n a r c AC N 3] N W Q � tlCD ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 -2 ( BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH. COUNTY OF GRANGE STATE OF CALIFORNIA Assessor's Mop Eook 047 PO I BALBOA BLVD Ww.x � B_D -9 $R ® H'H J1 i ff 0. S: W (n W� %%9r� lJ /d3 31E(�.EJ (� 101113 i� IX �a 5 ,. I"l l�.y 913 C. 34 tnp (9cJ CJ C�GC� "user t?:: W i... v'(-J uh .CY r n w v ve v : ,v au a x x. as xa j Z4 x z� : w i n 1]3x W Z _ 4 f� - I{19 1 19 f]a 8 15 14 ;jo09. W J° z f(jU 1@(, haft ._._._._._._._. -OCEAN.._._..._._._..__. - _._._.! ._FRGM-T _._............ .v.._._._._._._._. _ LEGENDI SOUTH OF BALBOA ZONE — AssEssOR's PARM UNE ....... LOT UNE 95f59aExi DI51RICi scn.DMY -- CENTERUNE �1ffj AssE -s PACE SECTION u AssxsROAS PARCEL NUMBER I 10T NUMBER Hans k Assai9tes CRAPBIC SCALE • POLES 1013E PEMOVED h rn� ,wpM o PALS W REMAIN H E2NnK P.NA. Anrt IY. pwlC CA .bl. -.TN fan) Larxao mAES TO BE REMOAND N.A.P. NOT A PAar BE Ass9sswEMi olsrtua wre w]aoroe :«m ior_ HfJI 4SSESSMEN1 HUMBER c cl) Ea o z c i n0 c0 O 2 O ESP n N S O ED 0 c ED n a r c AC N 3] N W Q � tlCD A R 5 N °00 c. 1p A ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 -2 ( BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA Assessors Mop Book 047 BALBOA ... a 8 ItT_0 Ot 11 < 1 W N "✓ 15 ?O g J ©i� R c 10 Q1 W � 2025 W r�. • z W�M4 pl :+s 55 • H Q _.. -04 E&AN - Y� GRAPHIC SCALE IMETAI SOUTH OF BALBOA ZONE BLVD. I, IJ lH V' V � S V1 N Z J U`1D H Q ASSESSOR'S PARCEL IINE LaT .E �. AS%SBYENT DISTRICT BOUNDARY —.— CENTERl1NE Cjit� ASSESSgi'S PACE SECTUN ASSESSOR'S PARCEL NUMBER 1 LOT NUMBER C1i 2� �V l ^J i7 eJ To Fs 11 �•a a d ° - - e • 13 �. # •`!� 2D 19 18 1) I I Y I L i '14 IS i } �§' • � .._._......_. FRONT— ._.— .— .— ._.— ._._._._._. ..._i..L....- • POLIS TO BE REMOAED O P S TO RENAIN /3 3 J .......... TARES N BE EEM04£D N.A.P. NOT A PART Of ASSESSMENT DISTRICT � ; ASSESSMENT NUMBER C n �^ o a2 mn a w m o � w 0 1p N W !v O 4 n K t C � N a � o N O V O 10 w m 1p5 u� N1 9 °oo R ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 -2 (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH. COUNTY OF ORANGE STATE OF CALIFORNIA Assessor's Map Book C47 BALBOA � H ..ter_.. "a: ®; G40 •� f19t 1192' 17 x DIY '', I (B)07' Q N ........... ................. i ie i m' v zz t zs x. xs W `........... ...._9i, 12 ,f,] 16 15. ©. 0 l�. 11 10' V. 0 Z F I I I ._..�.... ... .... .:...._._._..... . _ _....._. _.. ._ FRON-T--L OCEAN---- _ g GRAPHIC SCALE wmt L l V BLVD. u —n �5 ......... ..... .......... .F. ...................... .._��... ........ ........ �........... .............._ ... x ®1_il SOUTH OF BALBOA ZONE LEGEND ASSESSORS PARCEL NNE -- LOT NNE �..� ASSESSMENT DGTNICT BOUNDARY CENTERLINE 1/1,11 ASSESWS PACE SECPON V ASSESCOR'S PARCEL NUMBER 1 LOT NUMBER • POLES TO BE RFMONED 0 YAES TO REMAIN RIRES TO BE RWOMED N.A.P. NOT A PART OF ASSESSMENT OJSTRICT (�j ASSESSMENT NUMBER oa0 ?. z a +� i c nc0 A. s �w ► Ep .mss 0 A z 0 N m� O c s C �N N N 8 City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99-2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 29 Part A Description of Facilities Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be installed, or improved under the provisions of the Act, including the acquisition of required right -of -way and/or property. For the general location of the improvements to be constructed referenced is hereby made to the Plans and Specifications described in Part I of this report. The following improvements are proposed to be constructed and installed in the general location referred to as Assessment District No. 99 -2. 1. Removal of existing utility poles. 2. Removal of overhead resident service drops. 3. Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes and pullboxes. 4. Construction of service conduit and appurtenances. The improvements will be designed by the Southern California Edison Company, AT &T and Time Warner Cable. The City of Newport Beach will inspect the work to ensure conformance to City standards and specifications where applicable. The City will also construct additional pavement rehabilitation as needed for the project. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company, AT &T, and Time Wainer Cable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work done by the Assessment District. The estimated time for completion of the undergrounding of the utilities is 12 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 300 days of the completion of the underground facilities. Failure to convert individual service connections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 of the Municipal Code. Overhead facilities cannot be removed until all overhead service has been discontinued. Q:Wewpon Beach1Ad99\reeports\ad99 -2 rpt 15ju[08.doc _ City of Newport Beach July 22, 2008 Underground Utility Assessment District No. 99.2 (Balboa Boulevard Alley) Preliminary Engineer's Report Page 30 Right -of -Way Certificate STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. That at all time herein mentioned, the undersigned was, and now is, the authorized representative of the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of Article XIIID of the California Constitution, and the "Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 99-2 (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: It is acknowledged that the proposed Works of Improvement must be located within public rights -of- way, land, or easements owned by or licensed to the CITY OF NEWPORT BEACH, County of Orange, State of California, at the time of the construction of the Works of Improvement, and the undersigned hereby further certifies that all rights -of -way necessary for the Works of Improvements will be obtained and in possession of the City, County, or State prior to construction by the CITY OF NEWPORT BEACH. EXECUTED this day of California. Q \Newport Bewh\M99Vr ports \W99 -2 tpt 15julo8.doc 2008, at CITY OF NEWPORT BEACH, SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California 0 Stephen Badum, PE of Newport Beach July 22, 2008 n9round Utility Assessment District No. 99.2 (Balboa Boulevard Alley) minary Engineer's Report Page 31 Certificate of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of perjury, CERTIFIES as follows: 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 ASSESSMENT DISTRICT NO. 99- 2(hereinafter referred to as the "Assessment District "). 2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows: CEQA compliance review: The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstructions). 3. 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 2008, at CITY OF NEWPORT BEACH, California. M QANewpor[ Be MM99treportstad99 -2 rpt 15ju108.doc Stephen Badum, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA City of Newport Beach July 22, 2008 Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report Appendix Page 1 Assessment Calculations Assessors Parcel Assessed Total Property Asmt Parcel Size (at) Parcel Construction Incidental Financial Total Address No. Number Rounded Area Costs Expeltsas Costs Assessment NORTH OF BALBOA ZONE NO SITU$ 12 047- 181 -01 650 700 $3,992.32 $503.71 $658.97 $5,155.00 1829 W BAY 13 047 -181 -02 2,500 2,500 $14,258.27 $1,798.96 $2,353.47 $18,410.70 1823 W BAY 14 047 -181 -03 2,500 2,500 $14,258.27 $1,798.96 $2,353.47 $18,410.70 210 19TH 15 047- 181 -04 2,500 ?j500 $14,258.27 $1,798.96 $2,353.47 $18410.70 1824 -A VILELLE 16 939 -85 -052 1,000 333 1,899.20 $239.62 $313.48 2,452.30 1824 -8 VILELLE 17 939 -8.5 -053 1,000 - -333 - $1,899._20 $239.62 $31148 $2,452_30__ 1824 -C VILELLE _ 18 939 -85 -054 1,000 333 $1,899.20 $239.62 $313.48 $2452.80 18300 W BALBOA 939 -85 -057_ 1,500 250 $1,425.83 $1,425.83 $179.90 $179.90 $235.35 $23535 $1,641.08 $1,841.08 ..,.19 _ 1830 -2 W BALBOA 20 939 -85 -058 1,500 250 Sohtotal North of Balhoa 7nnee a7 n99 $211587 nn Q:Wewpurt Be MAd99\repons1ad99 -2 rpt 15jul08.doc City of Newport Beach July 22, 2008 Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report Appendix Page 2 Assessment Calculations Assessors Parcel Assessed Total Property Asmt Parcel Size (sf) Parcel Construction Incidental Financial Total City of Newport Beach July 22, 2008 Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report Appendix Page 3 Assessment Calculations Assessors Parcel Assessed Total Property Asmt Parcel Size (0) Parcel Construction Incidental Financial Total Q:Wewpoct Beach\Ad99 \repons\ad99 -2 tpt 15julWdoc City of Newport Beach July 22, 2008 Underground Utility Assessment District No.99 (Balboa Boulevard Alley) Preliminary Engineer's Report Appendix Page 4 Assessment Calculations Assessoes Parcel Assessed Total Property Asmt Parcel Size (st) Parcel Construction Incidental Financial Total Total Both Zones: 530,971 $2,963,072.00 $382,078.00 $499,850.00 $3,845,000.00 Q:Newpm Beach1Ad99Wporw\ad99 -2 rpt 15ju108.doc Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214; - September 29, 1961, 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 party 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: July 26, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 28, 2008 at Costa Mesa, California. Signdture RESOIUTiOfIGIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT''. ENGINEER FOR ASSESSMENT DISTRICT NO. 99-2 (BALBOA BOULEVARD ALLEY) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PUCE FOR A PUBLIC HEARING THEREON, AND ORDERING THE IIITIATLON OF ASSESSMENT BAlLOi PROCEDURES WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 99 -2 (Balboa Boulevard Alley) (hereinafter referred to as the "Assessment District") to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pdrsuant to the terms and provisions Of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the 'Act'); WHEREAS, the Assessment District area should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "Ordinance'): WHEREAS, a resolution of intention (the "Resolution of Intention) for the formation of the Assessment District and the utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the "Report") as required by the Resolution of Intention. Sections 10203 and 10204 of the Act, The Special Assessment Investigation. limitation, and Majority Protest Act of 1931. Article XIIID of the Constitution of the State of California ('Article XIIID'). and the Proposition 218 Omnibus Implementa- tion Act (commencing with Section 53750 of the Government Code) (the "Implementation Act") (the Act, Article MILD, and the Implementation Act are 'elected to herein collectively as the 'Assessment Law') and the Ordinance: NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted and preliminarily approved, as follows: A- The plans and specifications for the proposed improvements to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adapted; 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 im. Provements to be cunstructed, 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 HEBMY given that the City Council of the City Of Newport Bead wig held a public hearing on the assessmaat an underground Utilities district of its regular meeting place, being a Cewtcll Chotttbars at 3300 Newport Boulevard, Newport Bead, difornia, on September 23, 2008 ut 7:00 pm. nsuant to the provisions of the Assessment Law, each record owner property that is subject to the assessment has the right to submit an sessment inflict in favor of or in opposition to the proposed assessment. sessment ballots will be mailed to the record owner of each properly serest located within the assessment district and subject to a proposed sessment. Each such owner may complete such ballot and thereby licate their support for or opposition to the proposed assessment. All Ch ballots must be received by the City Clerk at the following address 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 wstmark prior to such date and time will not be sufficient. the conclusion of the public hearing, the City Council shall cause the sessment ballots timely received to be opened and tabulated. If a ijority, protest exists, the City Council shall not impose an assessment shin the assessment district. A majority protest exists if, upon the nclusion of the public hearing, assessment ballots submitted in position to the assessments within the assessment district exceed the (lots submitted in favor of such assessments. In tabulating the ballots, ballots shall be weighted according to the proportional financial 'igation of the affected property. CTION 5. The City Clerk is hereby directed to mail or cause to be tied, in the form and manner prescribed in the Assessment Law and least 45 days prior to the date of the public hearing, notice of the )he hearing and the adoption of the Resolution of Intention and of the tg of the. Report, together with the assessment ballot materials, to record owners of all real property proposed to be assessed. ;DON 6. The City Clerk is hereby further directed to file a copy of proposed boundary map in the Office of the County Recorder within can (15) day$ of the adoption of this resolution; said boundary map be tiled in the manner and form as set forth in Division 4.5 of the eats and Highways Code of the State of California. iSED. APPROVED AND ADOPTED at a regular meeting of the City Council the City of Newport Beach held on the 22nd day of July, 2008, by mine M. Backless, Clark Daigle, Curry, Webb, Gardner, Mayor Solid Edward D. Seilch, 4/I CERTIFICATE AND STATEMENT OF ASSESSMENT BALLOT TABULATION ASSESSMENT DISTRICT NO. 99-2 (BALBOA BOULEVARD ALLEY) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH ) THE UNDERSIGNED, Assistant City Clerk for the City of Newport Beach, in connection with the proceedings to consider the formation of Assessment District No. 99 -2 (Balboa Boulevard Alley) (the "Assessment District') and the levy of assessments within the Assessment District, DOES HEREBY CERTIFY that, after the close of the public hearing held on September 23, 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: $-J, at,I I I (5� -/0) ASSESSMENT BALLOTS SUBMITTED IN OPPOSITION TO THE PROPOSED ASSESSMENT: This certification is executed this September 24, 2008 in Newport Beach, California. aAeVL� Q.�Mw,� Assistant City Clerk City of Newport Beach Utility Underground Assessment District No. 99 -2 ASSESSMENT BALLOT TABULATION RESULTS Total of Ballots Received Total "Yes" Ballots Total "No" Ballots No. of Ballots: f 1 / No. of Ballots: 76 No. of Ballots: 6 s Asmt Amt: $ I 588, n a3 Asmt Amt: $ 11 LIP /, 1 Asmt Amt: $ 1, r D Asmt Amt Asmt Amt Percent Yes: 5-7% Percent No: L /.3 % Ballots tabulated by: Joan E. Cox, P.E., Project Manager Date: Z 3 - S Y- - 2-00 9 C:ADoeuments and SetnagsACaroIHVDesktopANPB 99 -2 VolesVballot results Form by asmtdw City Clerk: Honorable Mayor and Council Members, Based on the tabulation of the ballots received, ttAtw 57 % of the ballots were submitted in favor of the Assessment District — for a total assessment of $ 1, +8l, (1 1 of the votes were submitted in opposition for a total of $ ('10(.0 915 Based on that tabulation, it is appropriate for the City Council (if it is their desire) to proceed with the formation of the Assessment District by adopting the RESOLUTION CONFIRMING THE ASSESSMENTS, which resolution is the formal action declaring the results of the ballot procedure, ordering the acquisition of the improvements, confirming the assessments and approving the final Assessment Engineer's Report. NOTICE OF APPOINTMENT AS DEPUTY CITY CLERK Notice is hereby given that Michael Sinacori is appointed Deputy City Clerk effective September 23, 2008. This appointment shall continue until September 24, 2008 and is for the purpose of tabulating ballots for proposed Assessment District No. 99 -2 at the City Council meeting of September 23, 2008. La onne M. Harkless, City Clerk ghe /of Date City of Newport Beach Utility Underground Assessment District 99 -2 Vote Summary - September 23, 2008 09/2512008 Asmt No. APN Situs Max Asmt Vote Yes Amt No Amt 1 047 - 161 -24 233 19TH ST 28,656.12 Y $28,656.12 2 047 - 161 -23 229 19TH ST 20,573.64 Y $20,573.64 3 047 - 161 -26 22519TH ST 19,838.87 Y $19,838.87 4 047 - 161 -27 221 19TH ST 19,838.87 Y $19,838.87 5 047 - 161 -02 219 19TH ST 14,695.46 Y $14,695.46 6 047 - 161 -03 217 19TH ST 14,695.46 Y $14,695.46 7 932 - 70-024 213 19TH ST 18,369.32 N $18,369.32 8 932 - 70-025 21519TH ST 18,369.32 Y $18,369.32 9 932 - 70-031 207 19TH ST 15,430.24 10 932 -70 -032 209 19TH ST 15,430.24 11 932 -70 -033 211 19TH ST 15,430.24 12 047 -181 -01 NO SITUS 5,143.42 Y $5,143.42 13 047 -181 -02 1829 W BAY AVE 18,369.32 Y $18,369.32 14 047 -181 -03 1823 W BAY AVE 18,369.32 15 047 - 181 -04 210 19TH ST 18,369.32 16 939-85 -052 1824 -A VILELLE 2,446.79 N $2,446.79 17 939-85 -053 1824 -B VILELLE 2,446.79 N $2,446.79 18 939 - 85.054 1824 -C VILELLE 2,446.79 N $2,446.79 19 939 - 85.057 1830 -1 W BALBOA 1,836.93 Y $1,836.93 20 939 - 85-058 1830 -2 W BALBOA 1,836.93 N $1,836.93 21 047 -152 -05 NO SITUS 10,497.91 N $10,497.91 22 047 -152 -06 2001 W BALBOA BLVD 25,046.12 23 047 - 152 -12 2004 COURT ST 7,156.03 Y $7,156.03 24 047 -152 -08 2006 COURT ST 10,970.20 Y $10,970.20 25 047 -152 -07 2000 COURT ST 12,401.40 26 047 - 153 -21 2001 COURT ST 20,988.65 N $20,988.65 27 047 - 153 -20 2004 W OCEAN FRONT 15,027.68 N $15,027.68 28 047 - 153 -10 2002 W OCEAN FRONT 16,458.88 29 047 -153 -09 2000 W OCEAN FRONT 12,165.25 30 047 -171 -01 1917 W BALBOA BLVD 12,880.85 31 047 -171 -02 1915 W BALBOA BLVD 7,156.03 Y $7,156.03 32 047 -171 -03 1913 W BALBOA BLVD 5,724.83 N $5,724.83 33 047 -171 -04 1911 W BALBOA BLVD 5,009.23 N $5,009.23 34 047 - 171 -22 1909 W BALBOA BLVD 4,293.62 N $4,293.62 35 047 - 171 -16 1920 COURT ST 12,165.25 Y $12,165.25 36 047 - 171 -15 1918 COURT ST 13,596.47 Y $13,596.47 37 047 - 171 -14 1916 COURT ST 13,596.47 38 047 - 171 -13 1914 COURT ST 13,596.47 Y $13,596.47 39 047 - 171 -12 1912 COURT ST 13,596.47 N $13,596.47 40 047 - 171 -11 1910 COURT ST 13,596.47 N $13,596.47 41 047 - 171 -10 1908 COURT ST 13,596.47 42 047 -171 -09 1906 COURT ST 13,596.47 43 047 - 171 -20 1905 W BALBOA BLVD 17,174.48 N $17,174.48 44 047 - 171 -19 1903 W BALBOA BLVD 15,027.68 N $15,027.68 45 047 - 171 -17 111 19TH ST 15,027.68 N $15,027.68 46 047 - 172 -25 1925 COURT ST 19,321.29 47 047 - 172 -24 1921 COURT ST 12,880.85 48 047 - 172 -02 1919 COURT ST 12,880.85 N $12,880.85 49 047 - 172 -03 1917 COURT ST 12,880.85 N $12,880.85 50 047 - 172 -04 1915 COURT ST 12,880.85 N $12,880.85 51 047 - 172 -05 1913 COURT ST 12,880.85 52 047 - 172 -06 1911 COURT ST 12,880.85 53 047- 172 -07 1909 COURT AVE 12,880.85 54 047 - 172 -19 1907 COURT AVE 12,880.85 Y $12,880.85 55 047 - 172 -21 1905 COURT AVE 12,880.85 Y $12,880.85 CADocurnents and Setbgs%b n%Local Settings\Ternporary Internet Fi1e$%0LK17A1npb 99 -2 vote roll Page 1 of 4 City of Newport Beach Utility Underground Assessment District 99 -2 Vote Summary - September 23, 2008 09/25/2008 Asmt No. APN Situs Max Asmt Vote Yes Amt No Amt 56 047 - 172 -20 1901 COURT ST 19,321.29. N $19,321.29 57 047 - 172 -18 1926 W OCEAN FRONT 16,458.88 Y $16,458.88 58 047 - 172 -17 1924 W OCEAN FRONT 14,312.07 59 047 - 172 -28 1922 W OCEAN FRONT 14,312.07 60 047 - 172 -29 1920 W OCEANFRONT 14,312.07 Y $14,312.07 61 047 - 172 -15 1918 W OCEAN FRONT 14,312.07 Y $14,312.07 62 047 - 172 -14 1916 W OCEAN FRONT 14,312.07 N $14,312.07 63 047 - 172 -23 1914 W OCEAN FRONT 14,312.07 N $14,312.07 64 047 - 172 -22 1912 W OCEAN FRONT 14,312.07 Y $14,312.07 65 047 - 172 -12 1910 W OCEAN FRONT 14,312.07 N $14,312.07 66 047 - 172 -26 1908 W OCEAN FRONT 14,312.07 N $14,312.07 67 047 - 172 -27 1906 W OCEAN FRONT 14,312.07 Y $14,312.07 68 047 - 172 -10 1904 W OCEAN FRONT 13,596.47 69 047 - 172 -09 1900 W OCEAN FRONT 15,027.68 70 047 - 173-01 114 19TH ST 27,192.93 Y $27,192.93 71 047 - 173-34 1829 W BALBOA BLVD 17,890.08 72 047 - 173-33 1827 W BALBOA BLVD 18,605.68 73 047 - 173-03 1825 W BALBOA BLVD 17,890.08 74 047 - 173-04 1823 W BALBOA BLVD 18,605.68 Y $18,605.68 75 047 - 173-05 1821 W BALBOA BLVD 18,605.68 Y $18,605.68 76 047 - 173-32 1819 W BALBOA BLVD 17,890.08 Y $17,890.08 77 047 - 173-31 1817 W BALBOA BLVD 18,605.68 Y $18,605.68 78 047 - 173-07 1815 W BALBOA BLVD 17,890.08 N $17,890.08 79 047 - 173-24 1813 W BALBOA BLVD 17,890.08 Y $17,890.08 80 047 - 173-23 1811 W BALBOA BLVD 17,890.08 N $17,890.08 81 047 - 173-09 1809 W BALBOA BLVD 17,890.08 N $17,890.08 82 047 - 173-10 1807 W BALBOA BLVD 17,890.08 83 047 - 173-11 1805 W BALBOA BLVD 17,890.08 84 047 - 173-12 1803 W BALBOA BLVD 36,495.77 N $36,495.77 85 047 - 173-22 1824 W OCEAN FRONT 80,147.58 Y $80,147.58 86 047 - 173-25 1820 W OCEAN FRONT 25,761.72 Y $25,761.72 87 932 -91 -095 1818 W OCEAN FRONT 1 7,871.63 88 932 -91 -096 1818 W OCEAN FRONT 2 7,871.63 89 932 -91 -097 1818 W OCEAN FRONT 3 7,871.63 N $7,871.63 90 047- 173-20 1816 W OCEAN FRONT 23,614.91 Y $23,614.91 91 047- 173-27 1814 W OCEAN FRONT 23,614.91 N $23,614.91 92 047- 173-28 1812 W OCEAN FRONT 22,183.71 Y $22,183.71 93 932 -91 -101 1810 OCEAN FRONT A 7,156.03 Y $7,156.03 94 932 -91 -102 1810 OCEAN FRONT B 7,156.03 Y $7,156.03 95 932 -91 -103 1810 OCEAN FRONT C 7,156.03 Y $7,156.03 96 047 - 173 -29 1808 W OCEAN FRONT 21,468.10 N $21,468.10 97 047 - 173-17 1806 W OCEAN FRONT 22,183.71 Y $22,183.71 98 047 - 173 -16 1804 W OCEAN FRONT 22,183.71 Y $22,183.71 99 047 - 173-15 1802 W OCEAN FRONT 22,183.71 N $22,183.71 100 047 - 173 -13 10518TH ST 9,302.85 N $9,302.85 101 047 - 173-14 1800 W OCEAN FRONT 12,880.85 102 047 -201 -01 1733 W BALBOA BLVD 10,018.45 103 047 - 201 -02 1725 W BALBOA BLVD 3,814.17 N $3,814.17 104 047 - 201 -26 110 18TH ST 20,752.50 N $20,752.50 105 047 - 201 -25 10818TH ST 4,293.62 106 047 - 201 -24 10818TH ST 4,293.62 N $4,293.62 107 939 -80 -001 1723 W BALBOA BLVD 1 10,018.45 N $10,018.45 108 939 -80 -002 1723 W BALBOA BLVD 2 10,018.45 Y $10.018.45 109 047 - 201 -32 1721 W BALBOA BLVD 18,605.68 110 047 - 201 -31 1719 BALBOA BLVD 18,605.68 C:00cuments and Settingsllbrmn%ocal SettingMTemporary Internet FilesOLK1Mnpb 99 -2 vote roll Page 2 of 4 City of Newport Beach Utility Underground Assessment District 99 -2 Vote Summary - September 23, 2008 09/25/2008 Asmt No. APN Situs Max Asmt Vote Yes Amt No Amt 111 047 - 201 -29 1717 W BALBOA BLVD 18,605.68 N $18,605.68 112 047 - 201 -05 1715 W BALBOA BLVD 18,605.68 N $18,605.68 113 939 -80 -014 1713 W BALBOA BLVD A 9,302.85 N $9,302.85 114 939 -80 -015 1713 W BALBOA BLVD B 9,302.85 Y $9,302.85 115 047 - 201 -36 1711 W BALBOA BLVD 18,605.68 Y $18,605.68 116 047 - 201 -37 1709 BALBOA BLVD 18,605.68 Y $18,605.68 117 047 -201 -08 1707 W BALBOA BLVD 18,605.68 118 047 -201 -09 1701 W BALBOA BLVD 55,101.45 N $55,101.45 119 047 - 201 -23 106 18TH ST 10,734.05 N $10,734.05 120 047 - 201 -22 1726 W OCEAN FRONT 15,027.68 N $15,027.68 121 047 - 201 -21 1724 W OCEAN FRONT 22.183.71 N $22,183.71 122 047 - 201 -20 123 939 -80 -020 124 939 -80 -021 125 047 - 201 -18 126 047 - 201 -17 127 047 - 201 -16 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 047 - 201 -15 047 - 201 -14 047 - 201 -13 047 - 201 -12 047 - 201 -11 047 - 201 -10 047 - 202 -01 047 - 202 -02 047 - 202 -30 047 - 202 -29 047 - 202 -04 047 - 202 -05 047 -202 -06 047 -202 -07 047 - 202 -08 047 - 202 -09 047 - 202 -10 047 - 202 -11 047 - 202 -12 047 - 202 -13 047 - 202 -31 047 - 202 -28 047 - 202 -27 047 - 202 -26 047 - 202 -25 939 -80 -008 939 -80 -009 047 - 202 -23 047 - 202 -22 047 - 202 -21 047 - 202 -20 047 - 202 -19 047 - 202 -18 047 - 202 -17 047 - 211 -01 047 - 211 -02 047 -211 -03 047 -211 -04 1722 W OCEAN FRONT 1720 W OCEANFRONT #A 1720 W OCEANFRONT #B 1718 W OCEAN FRONT 1716 W OCEAN FRONT 1714 W OCEAN FRONT 1712 W OCEAN FRONT 1710 W OCEAN FRONT 1708 W OCEAN FRONT 1706 W OCEAN FRONT 1704 W OCEAN FRONT 1700 W OCEAN FRONT 1631 W BALBOA BLVD 1629 W BALBOA BLVD 1627 W BALBOA BLVD 1625 W BALBOA BLVD 1623 W BALBOA BLVD 1621 W BALBOA BLVD 1619 W BALBOA BLVD 1617 W BALBOA BLVD 1615 W BALBOA BLVD 1613 W BALBOA BLVD 1611 W BALBOA BLVD 1609 W BALBOA BLVD 1607 W BALBOA BLVD 1605 W BALBOA BLVD 1601 W BALBOA BLVD 1628 W OCEAN FRONT 1624 W OCEAN FRONT 1622 W OCEAN FRONT 1620 W OCEAN FRONT 1618 W OCEAN FRONT 1 1618 W OCEAN FRONT 2 1616 W OCEAN FRONT NO SITUS 1612 W OCEAN FRONT 1610 W OCEAN FRONT 1608 W OCEAN FRONT 1606 W OCEAN FRONT 1604 W OCEAN FRONT 1529 W BALBOA BLVD 1527 W BALBOA BLVD 1525 W BALBOA BLVD 1523 W BALBOA BLVD 22,183.71 10,734.05 10,734.05 22,183.71 22,183.71 22,183.71 22,183.71 22,183.71 22,183.71 22,183.71 22,183.71 25,761.72 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 18,605.68 36,495.77 25,761.72 22,183.71 22,183.71 22,183.71 10,734.05 10,734.05 22,183.71 22,183.71 22,183.71 22,183.71 22,183.71 22,183.71 22,183.71 18,605.68 18,605.68 18,605.68 18,605.68 $10,734.05 $22,183.71 $22,183.71 Y $22,183.71 Y $22,183.71 N $25,761.72 N $18,605.68 N $18,605.68 N $18,605.68 Y $18,605.68 N $18,605.68 N $18,605.68 Y $18,605.68 Y $18,605.68 N Y $36,495.77 N Y $22,183.71 Y $22,183.71 Y $22,183.71 Y $22,183.71 Y $22,183.71 Y $22,183.71 Y $22,183.71 Y $22,183.71 Y $22,183.71 $18,605.68 $25,761.72 N $18,605.68 N $18,605.68 CADocuments and Settings%rown\Local Settings \Temporary Internet FileskOLK17A\npb 99-2 vote roll Page 3 Of 4 City of Newport Beach Utility Underground Assessment District 99 -2 Vote Summary - September 23, 2008 09/25/2008 Asmt No. APN Situs Max Asmt Vote Yes Amt No Amt 166 047- 211 -05 1521 W BALBOA BLVD 18,605.68 Y $18,605.68 167 047 - 211 -30 1519 W BALBOA BLVD 18,605.68 N $18,605.68 168 047- 211 -29 1517 W BALBOA BLVD 18,605.68 N $18,605.68 169 047 - 211 -26 1515 W BALBOA BLVD 29,339.73 N $29,339.73 170 047 - 211 -27 1511 W BALBOA BLVD 25,761.72 Y $25,761.72 171 047- 211 -08 1509 W BALBOA BLVD 18,605.68 N $18,605.68 172 047 - 211 -25 1526 W OCEAN FRONT 25,761.72 N $25,761.72 173 047 - 211 -24 1522 W OCEAN FRONT 22,183.71 Y $22,183.71 174 047 - 211 -23 1520 W OCEAN FRONT 22,183.71 N $22,183.71 175 047 - 211 -22 1518 W OCEAN FRONT 22,183.71 Y $22,183.71 176 939 -80 -010 1516 W OCEAN BLVD B 10,734.05 177 939 -80 -011 1516 W OCEAN BLVD A 10,734.05 178 047 - 211 -20 1514 W OCEAN FRONT 22,183.71 179 047 - 211 -19 1512 W OCEAN FRONT 22,183.71 N $22,183.71 180 047 - 211 -18 1510 W OCEAN FRONT 22,183.71 N $22,183.71 181 047 - 211 -17 1508 W OCEAN FRONT 22,183.71 182 047 - 211 -09 117 15TH ST 35,780.17 Y $35,780.17 183 047 - 211 -10 113 15TH ST 17,890.08 Y $17,890.08 184 047- 211 -11 111 15TH ST 17,890.08 Y $17,890.08 185 047 - 211 -13 107 15TH ST 17,890.08 186 047 - 211 -14 105 15TH ST 17,890.08 Y $17,890.08 187 047 - 211 -28 101 15TH ST 35,780.17 Y $35,780.17 188 047 - 300 -03 NO SITUS 14,312.07 189 047 - 212 -25 1441 W BALBOA BLVD 113,781.15 190 047 - 212 -06 1411 W BALBOA BLVD 22,899.31 191 047 - 212 -07 1405 W BALBOA BLVD 22,899.31 Y $22,899.31 192 047 - 212 -08 1401 W BALBOA BLVD 22,899.31 Y $22,899.31 193 047 - 212 -19 104 15TH ST 42,936.20 N $42,936.20 194 047 - 212 -18 1420 W OCEAN FRONT 42,936.20 195 047 - 212 -17 1416 W OCEAN FRONT 29,339.73 196 047 - 212 -16 1414 W OCEAN FRONT 22,183.71 N $22,183.71 197 047 - 212 -15 1412 W OCEAN FRONT 22,183.71 Y $22,183.71 198 047 - 212 -14 1410 W OCEAN FRONT 22,183.71 Y $22,183.71 199 047 - 212 -13 1408 W OCEAN FRONT 22,183.71 Y $22,183.71 200 047 - 212 -12 1406 W OCEAN FRONT 22,183.71 Y $22,183.71 201 047 - 212 -11 1404 W OCEAN FRONT 22,183.71 Y $22,183.71 202 047 - 212 -10 1402 W OCEAN FRONT 22,183.71 N $22,183.71 203 047 - 212 -09 1400 W OCEAN FRONT 22,183.71 204 047 - 240 -01 1325 W BALBOA BLVD 112,471.38 3,845,000.00 $1,481,110.60 $1,106,912.61 Total Voted Assessment Amount Total "YES" Votes Total "YES" Assessment Amount Total "YES" Percentage Total "NO" Votes Total "NO" Assessment Amount Total "NO" Percentage $2,588,023 76 $1,481,111 57% 65 $1,106,913 43% C:\Dmunnents and Settingsllbrown\Local Setlings\Temporary Internet Files10LKi7Alnpb 99 -2 vote roll Page 4 of 4 ?K i SHEET` SHEET 5 aWcoir ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT No. 99 -2 sy (BALBOA BOULEVARD ALLEY) CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA / NORTH OF BALBOA ZONE HAP. aXl1 SHEET 4 SOUTH OF BALBOA ZONE BALBOA BLVD ITT] 111 °m Z7 a a r5s�a BLOCK 30 BLOCK 30 B SHEET 6 THE BOUXDPRr M NE PROPOSED ANSI DRTRICT MHGOES WON WE SSESSOR'S PARCELS WTMIN THE BOUNDARY SHOWN ON THIS MAP, FOR PARMUURS OF TINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ONANKE COU ASSERdt SPECIFICALLY BOON 47 PAGES 15. 16. IT. I6. M 21, 24 AND 3D. ALL DIMENSIONS SHOWN HEREIN ME PER THE ASSESSOR'S PMCEL IMPS. NOT TO SCALE 93 ACCEPTED ADD FILED AT THE REQUEST OF GF xEx;G BFAw DAIS D �!.� TIME ro1W /A1 FEE f G�1'r NSTRUTI NT #2*- 60"N`44fl511 BOOK qg PACE 43-le'1 OF MAPS OF ASSESSMENT NO COMMUNRY FAUMES ORTFKTS IN DIE OFFICE OF THE REWROER OF THE COUNTY Of ORANa. STATE OF CALIFORNIA. TOM DALY WINn floFfl By — DEPUTY ' MPT RECORDING PER C.C. 610 /3 RECORDED IN ft RE OFFICE OF THE SUPERINFPctrt OF STREETS, CITY OF HEAPCRT BEACH, ORE BAY OF AN ASSESSMENT W ED BY DIE MY COUNaL ON DIE WELL RECESS PARCELS OR LAND SHOWN ON MR ASSESSMENT DIAGRAM. SAID ASSES$W WAS ISVED ON DIE_ DAY oF}Td. ,: zWe. REFERENCE R MAN TD DIE ASSESSMENT ROLL RECUROEO IN THE OFFICE OF DIE SJPFRB T, DENT CP STRZTS PER DIE EXACT MOUNT OF UQI ASSENWENT LEV:D ADNXST THE PARCELS MOaN M THIS A99ESSM XT gACRAM. �pf OFY amR RISD I DO.= DF TH[,Qn 6ERrc OF EN Cln or XENPCRT eFACN MIS _ De�r [F - . 2oW. CITY GUNK LEGEND: ASSESSCR'S PARCEL LINE - - - - - -- LOT LINE - _ -__ ASSESSMENT DISTRICT BOUNDARY - - --- TRACT LINE -- CENTERUNE 14 fYidlD'h PARK SIRE PA. MYNL CA B22N-4NR DATE 06/30/08 1 SNEEC 1 M 6 RECORDING REQUESTED AND Recorded in official Records, orange County AFTER RECORDATION RETURN TO: Tom Daly, Clerk - Recorder City Clerk FEE City of Newport Beach 3300 Newport Boulevard 200800045454102:52 P m 09/29/08 Newport Beach, CA 92663 -3884 106 254 Nob S 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF ASSESSMENT CITY OF NEWPORT BEACH Assessment District No. 99 -2 (Balboa Boulevard Alley) 273133 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Newport Beach, County of Orange, State of California, hereby gives notice that a diagram and assessment were recorded in the office of the Superintendent of Streets of the City, as provided for in the Section, and relating to the real property more particularly described on that certain assessment diagram filed in accordance with. the Section, in Book 93 of Maps of Assessments and Community Facilities Districts at Pages 13 through 18 in the office of the County Recorder of the County of Orange. Notice is further given that upon the recording of this Notice in the office of the County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on the filed assessment diagram shall become a lien upon the lots or portions of lots assessed, respectively. The City of Newport Beach City Council approved the assessment on September 23, 2008. Reference is made to the diagram and assessment recorded in the office of the Superintendent of Streets of said City. The name or names of the assessed owners as they appear on the latest secured assessment roll are set forth in Exhibit "A° hereto attached and by reference incorporated herein. Dated: 2008 f � rid .WVjj �� Exhibit "A" Assessment District No. 99-2 (Balboa Boulevard Alley) Property Owner List APN OWNER NAME 047 -152 -05 LEVON GUGASIAN 047 -152 -06 WEST COAST HIGHWAY LLC 047 -152 -07 JOSEPH PAUL WILLIAMS 047 -152 -08 SUZANNE BIEN SCOFIELD 047 - 152 -12 SUZANNE B SCOFIELD 047 -153 -09 SUSHILL K GARG 047- 153 -10 TONY T & MARY BETH BOS 047- 153 -20 JERRY & JACQUELINE DOYLE FAMILY LTD PARTNERSHIP 047- 153-21 JERRY & JACQUELINE DOYLE FAMILY LTD PARTNERSHIP 047 -161 -02 DOROTHY SPITZ 047 -161 -03 THOMAS ERNIE HYANS 047- 161 -23 MARK A & PAMELA MURRAY 047 - 161 -24 D'ALLESSIO INVESTMENTS LLC 047 - 161 -26 MARK A MURRAY 047- 161 -27 DONALD R SPITZ 047 -171 -01 BALSAMO J AUDRE 047 -171 -02 BETTY JANE GLASER 047 -171 -03 CLARA VAIRO 047 - 171 -04 RANDI S LEFKO 047 -171 -09 STEVE WINNAMAN 047 - 171 -10 JEFF D GRANT 047 - 171 -11 WILLIAM NUTTING ROODE 047- 171 -12 JOHN B STORY 047- 171 -13 FLORENCE N TORTOMASI 047- 171 -14 KELBER A JAMES 047- 171 -15 RUSSELL H OLSEN 047- 171 -16 STEVEN J MCNICHOLS 047- 171 -17 ROMAN CATHOLIC BISHOP OF ORANGE 047 - 171 -19 BARBARA B SOROS 047 - 171 -20 BARBARA B SOROS 047 - 171 -22 RANDI S LEFKO 047 - 17202 DAVID CARRERA 047 -172 -03 ISAAC H POLK 047 -172 -04 CHARLES W MAUTZ 047 - 172 -05 ESTHER ORTIZ 047 -172 -06 TIMOTHY E ROETTELE 047 -172 -07 JOHN F THOMAS 047 -172 -09 GERARD P TARDIE 047- 172 -10 STEVEN L & MARY ANNE GRECO 047- 172 -12 GILES W MALOOF 047 - 172 -14 MICHAEL S LEVINSON 047- 172 -15 ALBERT KAMEL HANNA 047- 172 -17 S L GAGE 047- 172 -18 WYLIE A AITKEN 047- 172 -19 THOMAS E & NANCY S'CAIN 047- 172 -20 GEORGE A RIGAUD 047- 172 -21 JOHN E EVANS 047 -172 -22 MICHAEL DAROLD PRESTON 047- 172 -23 WILLIAM STEIN 047- 172 -24 CHARLES JAMES PRONGOS 047 - 172 -25 TON INCORPORATED Page A -1 Exhibit "A" Assessment District No. 99-2 (Balboa Boulevard Alley) Property Owner List APN OWNER NAME 047 - 172 -26 KENNETH D & BETTY L ANDERSON 047- 172 -27 DENNIS W KIDD' 047 - 172 -28 GRANT LANE 047 - 172 -29 GREGORY R HAERR 047 -173-01 ABEL VILLALPANDO 047 -173-03 FERIT KURTKAN 047 -173-04 ROD CANADA 047 -173 -05 GEORGE WILLIAM SiSCO 047 -173 -07 MAHENDRA T SHAH 047 -173-09 JAMES H & TAMARA B MC KENNON 047- 173-10 MICHAEL S BACUS' 047- 173-11 LINDA C OROZCO 047- 173-12 GIACOMO J ZANCHI 047 - 173-13 GAYLOR W SINGLETARY 047 - 173 -14 KARL H KIROLOS 047 - 173 -15 ALBERT M IRWIN 047 - 173 -16 JUDITH JACOBS 047 - 173-17 JOHN M & BARBARA L ROY 047 - 173-20 JOHN R MORDOFF 047 - 173-22 WILLIAM B MARTIN - 047- 173-23 DAVE C JOHNSON 047 - 173 -24 FRANCIS L HUTAIN 047 - 173-25 DOLE F SUSAN 047 - 173 -27 B-N14 LIMITED PARTNERSHIP 047 - 173 -28 DONNA L CAMBON 047- 173-29 STEVEN C KOVELY 047- 173-31 JEFF & LISA SILBAR 047- 173 -32 DONALD A CANNING 047- 173 -33 JORDON M WEHNER- 047- 173-34 GOODIE ROBERT 047 -181 -01 CITY OF NEWPORT BEACH 047 -181 -02 BEVERLY LUCAS 047 -181 -03 PHILIP ABRAMOWITZ 047 -181-04 LE ROY G WILSON 047 -201 -01 RICHARD & DIOTAY BAKER 047 -201 -02 ROBERT L MC CLEEARY 047 -201 -05 MARKS LARSON 047 - 201 -08 RALPH COHEN- 047- 201 -09 ZAVALA C FRANK 047 - 201 -10 C DARLE HALE TRUST 047- 201 -11 RICHARD L FALLON 047- 201 -12 WILLIAM L MOORE 047 - 201 -13 RUTH JEAN GERBER 047 - 201 -14 JACK E DATT 047- 201 -15 KENNETH L & CARMEN M RAWSON 047 - 201 -16 WILKINS HAAS 2 LLC 047 - 201 -17 RONALD L HERRICK .047-201-18 BANK FIRST INTERSTATE OF CALIFORNIA TR 047- 201 -20 JASON F G YEE 047- 201 -21 DI CORPO NELLO C TR 047 - 201 -22 MODGAP LLC Page A -2 Exhibit "A" Assessment District No. 99-2 (Balboa Boulevard Alley) Property Owner List APN OWNER NAME 047 - 201 -23 THOMAS G & BARBARA A DUFFY 047 - 201 -24 MARK SILER 047- 201 -25 ORIEN THEODORE & MARY P A PFEIFER 047 - 201=26 LARITA BLOHM URQUIDI 047- 201 -29 CRAIG & VICKI CHAMBERLAIN 047 - 201-31 CENTER ANDREW J & VICKY D 047 -201 -32 BRENT SEPULVEDA 047 - 201-36 RENE A RIGAUD 047 - 201 -37 RENE A & GAIL H RIGAUD 047- 202 -01 JU PROPERTIES LLC 047 -202 -02 JU PROPERTIES LLC 047 - 202-04 RICHARD J MEYER 047 -202 -05 E & J MATYAS SECOND FAMILY LIMITED PARTENSHIP 047 -202-06 JOHN & ANNE BEARDALL 047 - 202 -07 ERNEST M BAKENIE 047 - 202-08 ROSE CALLAHAN LOGAN 047 -202 -09 JOHN JOSEPH BLAHA 047 - 202 -10 JAMES A NIEMIEC 047- 202 -11 CLAUDE A GAMMEL 047 - 202 -12 ELLIOTT A & ELIZABETH C BONN 047- 202 -13 THOMAS JOSEPH O BREEN 047 - 202 -17 BARBARA FARQUHAR 047- 202 -18 CHARLES E WASHBON 047 - 202 -19 MURIEL M WEINER 047- 202 -20 PETER GREGORY ANDERSON 047- 202 -21 JEROME H THOMPSON 047 -202 -22 JEROME H THOMPSON 047- 202 -23 DENIS W KIDD 047 - 202 -25 TIMOTHY PATRICK BUCKLEY 047- 202 -26 LAURIE JAKE TR 047 - 202 -27 EDWARD C SAUNDERS 047 - 202 -28 STUART A COGAN 047- 202 -29 JOSEPH R STACK 047 - 202 -30 CARI K OTA 047 - 202 -31 CARPA LLC 047-211 -01 LONG KIM & MARTY TUONG VAN PHAM 047 -211 -02 TERRY & ROCHELLE GALLIMORE 047 -211 -03 GEORGE F ENGELKE 047- 211-04 CYNTHIA C SMITH 047 -211 -05 EDWARD L LABASS 047 -211 -08 IDA ZABY 047 -211 -09 GRACE E DOVE 047- 211 -10 EDWARD HEALY 047 - 211 -11 EDWARD G HEALY 047 - 211 -13 JEAN M VAN ORNUM 047 - 211 -14 MORRIE EUGENE NERO 047- 211 -17. O'MELVENY & MYERS LLP 047 - 211 -18 CHARLES A BANKS 047- 211 -19 ALFRED D GERRICK 047 -211 -20 TERRENCE W & CATALINA H CHOW 047 -211 -22 ABEL VILLALPANDO Page A3 Exhibit "A" Assessment District No. 99 -2 (Balboa Boulevard Alley) Property Owner List APN . OWNER NAME 047- 211 -23 KATHLEEN INGA MORRIS 047 - 211 -24 JAMES R ANDERSON & BEVERLEY Y ANDERSON TRUST 047 - 211 -25 DON CHRISTENSEN 047 - 211 -26 JAMES & ANN M LAHR 047 - 211 -27 JAMES R CANTWELL 047- 211 -28 RUTHE WHITACRE 047 - 211 -29 DONALD RAY DONALDSON 047 -211 -30 TONY L PINKERT 047 -212 -06 TRACY JONES 047 -212 -07 WALTER R WAGNER 047 -212 -08 GILDA FONTANA 047 -212 -09 PAUL T SIMPSON & AGNES B SIMPSON FAMILY 047 - 212 -10 CONSTANCE A LA MAIDA 047 - 212 -11 RONALD B LABOWE 047- 212 -12 HOWARD O ALEY 047 - 212 -13 MARLENE KNOX 047 - 212 -14 R08ERT GRANVILLE KIRKUP 047- 212 -15 AVALLONE PROPERTIES 047 - 212 -16 RONALD JAY SEIDNER 047- 212 -17 . MORRIE C ADNOFF 047 - 212 -18 WILLIAM A SMILEY' 047- 212 -19 KHALDOUN S SROUJIEH 047 - 212 -25 ROMAN CATHOLIC BISHOP OF ORANGE 047 -240 -01 NEWPORT -MESA UNIFIED SCHOOL DIST 047300 -03 STATE OF CALIFORNIA 932 -70 -024 ANTHONY VADOPALAS 932 -70-025 DEBORAH J WILKINSON 932 -70 -031 JOHN F BENNETT 932 -70 -032 STEVEN PATAPOFF 932 -70-033 MATTHEW & LAURI HEMSLEY 932 -91-095 JUANITA BENNETT 932 -91 -096 JUANITA BENNETT 932 -91 -097 GAYLE N AMEMIYA 932-91 -101 GENE W ROSS 932-91 -102 GENE W ROSS 932-91 -103 GENE W ROSS 939 -80 -001 THOMAS D WYCKOFF 939 - 80-002 JAMES THOMAS MELTON 939 - 80-008 MARK J MAZZULLA 939 -80 -009 PRAKASHAN DRA T PATEL 939 -80-010 BAHER S FAHMY 939-80 -011 DiAA SAMIR FAHMY 939 -80 -014 DAVID FINE 939-80 -015 DANIEL J & JOAN P BURT 939 -80 -020 ANNE S HARRIMAN 939 - 80-021 HAROLD C & ANNE S HARRIMAN 939 -85452 FRANK HLIFKA 939 -85 -053 FRANK HLIFKA 939 -85 -054 FRANK HLIFKA 939-85 -057 NEIL STANLEY HARDIN 939 -85 -058 DONALD W NORBURY Paige A-4 Page 1 of 1 Washington, Lillian From: Harp, Aaron Sent: Wednesday, October 01, 2008 3:40 PM To: Washington, Lillian Subject: RE: Attached Image Yes you can release the bonds. Thx From: Washington, Lillian Sent: Tuesday, September 30, 2008 7:52 AM To: Harp, Aaron; Alcaraz, Debbie; Parker, Kristy Subject: FW: Attached Image I sent you the wrong attachmentlll I'm sorry. Please see the attached document. They have a notice of completion and I just want to make sure that it is okay to release their bonds. I haven't received a stop notice. Thanks for your help From: Harp, Aaron Sent: Monday, September 29, 2008 11:45 AM To: Washington, Lillian Subject: FW: Attached Image hi Lillian, Did you need us to look at this? From: Washington, Lillian Sent: Wednesday, September 24, 2008 2:05 PM To: Harp, Aaron; Parker, Kristy; McDonald, Cristal; Alcaraz, Debbie Subject: FW: Attached Image Thanks so much for your help with this. From: CityClerk @city.newport- beach.ca.us [maifto:CityClerk @city.newport- beach.ca.us] Sent: Thursday, September 18, 2008 4:41 PM To: Washington, Lillian Subject: Attached Image 10/1/2008 RECFIVED RECORDING REQUESTED AND Recorded in Official Records, Orange County AFTER RECORDATION RETUITRT _6 City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE City of Newport Beach 3300 Newport Boulevard �' 200800045454102:52pm 09129108 T ` �I I Y Goa 106 254 N06 S Newport Beach, CA 92663 -388 „ 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 IFYCr i�:::..,,� ^:IT$E,4Cfp. NOTICE OF ASSESSMENT CITY OF NEWPORT BEACH Assessment District No. 99 -2 (Balboa Boulevard Alley) 61'6*k'TPVcO/S 27383 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Newport Beach, County of Orange, State of California, hereby gives notice that a diagram and assessment were recorded in the office of the Superintendent of Streets of the City, as provided for in the Section, and relating to the real property more particularly described on that certain assessment diagram filed in accordance with the Section, in Book 93 of Maps of Assessments and Community Facilities Districts at Pages 13 through 18 in the office of the County Recorder of the County of Orange. Notice is further given that upon the recording of this Notice in the office of the County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on the filed assessment diagram shall become a lien upon the lots or portions of lots assessed, respectively. The City of Newport Beach City Council approved the assessment on September 23, 2008. Reference is made to the diagram and assessment recorded in the office of the Superintendent of Streets of said City. The name or names of the assessed owners as they appear on the latest secured assessment roll are set forth in Exhibit "A" hereto attached and by reference incorporated herein. Dated: 2008 City Clerk, City of Newport Beach I Exhibit "A" Assessment District No. 99 -2 (Balboa Boulevard Alley) Property Owner List APN OWNER NAME 047 - 152 -05 LEVON GUGASIAN 047 - 152 -06 WEST COAST HIGHWAY LLC 047 - 152 -07 JOSEPH PAUL WILLIAMS 047- 152 -08 SUZANNE BIEN SCOFIELD 047 - 152 -12 SUZANNE B SCOFIELD 047 - 153-09 SUSHILL K GARG 047 - 153 -10 TONY T & MARY BETH BOS 047 - 153 -20 JERRY & JACQUELINE DOYLE FAMILY LTD PARTNERSHIP 047 - 153 -21 JERRY & JACQUELINE DOYLE FAMILY LTD PARTNERSHIP 047 - 161 -02 DOROTHY SPITZ 047 - 161 -03 THOMAS ERNIE HYANS 047 - 161 -23 MARK A & PAMELA MURRAY 047 - 161 -24 D'ALLESSIO INVESTMENTS LLC 047 - 161 -26 MARK A MURRAY 047 - 161 -27 DONALD R SPITZ 047 - 171 -01 BALSAMO J AUDRE 047 - 171 -02 BETTY JANE GLASER 047 - 171 -03 CLARA VAIRO 047 - 171 -04 RANDI S LEFKO 047 - 171 -09 STEVE WINNAMAN 047 - 171 -10 JEFF D GRANT 047 - 171 -11 WILLIAM NUTTING ROODE 047 - 171 -12 JOHN B STORY 047 - 171-13 FLORENCE N TORTOMASI 047 - 171 -14 KELBER A JAMES 047 - 171 -15 RUSSELL H OLSEN 047 - 171 -16 STEVEN J MCNICHOLS 047 - 171 -17 ROMAN CATHOLIC BISHOP OF ORANGE 047- 171 -19 BARBARA B SOROS 047- 171 -20 BARBARA B SOROS 047- 171 -22 RANDI S LEFKO 047 - 172 -02 DAVID CARRERA 047 - 172 -03 ISAAC H POLK 047 - 172-04 CHARLES W MAUTZ 047 - 172-05 ESTHER ORTIZ 047 - 172-06 TIMOTHY E ROETTELE 047- 172-07 JOHN F THOMAS 047 - 172-09 GERARD P TARDIE 047 - 1.72 -10 STEVEN L & MARY ANNE GRECO 047 - 172 -12 GILES W MALOOF 047 - 172 -14 MICHAEL S LEVINSON 047 - 172 -15 ALBERT KAMEL HANNA 047 - 172 -17 S L GAGE 047 - 172 -18 WYLIE A AITKEN 047 - 172 -19 THOMAS E & NANCY S CAIN 047 - 172 -20 GEORGE A RIGAUD 047 - 172 -21 JOHN E EVANS 047 - 172 -22 MICHAEL DAROLD PRESTON 047 - 172 -23 WILLIAM STEIN 047 - 172 -24 CHARLES JAMES PRONGOS 047 - 172 -25 TON INCORPORATED Page A -1 Exhibit "A" Assessment District No. 99 -2 (Balboa Boulevard Alley) Property Owner List APN OWNER NAME 047 - 172 -26 KENNETH D & BETTY L ANDERSON 047 - 172 -27 DENNIS W KIDDY 047 - 172 -28 GRANT LANE 047 - 172 -29 GREGORY R HAERR 047 - 173-01 ABEL VILLALPANDO 047- 173-03 FERIT KURTKAN 047 - 173-04 ROD CANADA 047 - 173-05 GEORGE WILLIAM SISCO 047 - 173-07 MAHENDRA T SHAH 047 - 173-09 JAMES H & TAMARA B MC KENNON 047 - 173-10 MICHAEL S BACUSr- 047 - 173-11 LINDA C OROZCO 047 - 173-12 GIACOMO J ZANCHI 047 - 173-13 GAYLOR W SINGLETARY 047 - 173 -14 KARL H KIROLOS 047 - 173-15 ALBERT M IRWIN 047 - 173-16 JUDITH JACOBS 047 - 173-17 JOHN M & BARBARA L ROY 047 - 173-20 JOHN R MORDOFF 047 - 173-22 WILLIAM B MARTIN - 047- 173-23 DAVE C JOHNSON 047 - 173-24 FRANCIS L HUTAIN 047 - 173-25 DOLE F SUSAN 047- 173 -27 B -N14 LIMITED PARTNERSHIP 047 - 173-28 DONNA L CAMBON 047 - 173 -29 STEVEN C KOVELY 047 - 173 -31 JEFF & LISA SILBAR 047 - 173 -32 DONALD A CANNING 047 - 173 -33 JORDON M WEHNER, 047 -173 -34 GOODIE ROBERT 047 -181 -01 CITY OF NEWPORT BEACH 047 -181 -02 BEVERLY LUCAS 047 -181 -03 PHILIP ABRAMOWITZ 047 -181 -04 LE ROY G WILSON 047 -201 -01 RICHARD & DIOTAY BAKER 047 -201 -02 ROBERT L MC CLEEARY 047 -201 -05 MARK S LARSON 047 - 201 -08 RALPH COHEN— �° 047 - 201 -09 ZAVALA C FRANK 047 - 201 -10 C DARLE HALE TRUST 047 - 201 -11 RICHARD L FALLON 047 - 201 -12 WILLIAM L MOORE 047 - 201 -13 RUTH JEAN GERBER 047 - 201 -14 JACK E DATT 047- 201 -15 KENNETH L & CARMEN M RAWSON 047- 201 -16 WILKINS HAAS 2 LLC 047- 201 -17 RONALD L HERRICK 047- 201 -18 BANK FIRST INTERSTATE OF CALIFORNIA TR 047 - 201 -20 JASON F G YEE 047 - 201 -21 DI CORPO NELLO C TR 047 - 201 -22 MODGAP LLC Page A -2 Exhibit "A" Assessment District No. 99 -2 (Balboa Boulevard Alley) Property Owner List APN OWNER NAME 047 - 201 -23 THOMAS G & BARBARA A DUFFY 047 - 201 -24 MARK SILER 047 - 201 -25 ORIEN THEODORE & MARY P A PFEIFER 047 - 201 -26 LARITA BLOHM URQUIDI 047 - 201 -29 CRAIG & VICKI CHAMBERLAIN 047 - 201 -31 CENTER ANDREW J & VICKY D 047 - 201 -32 BRENT SEPULVEDA 047 - 201 -36 RENE A RIGAUD 047 - 201 -37 RENE A & GAIL H RIGAUD 047 - 202 -01 JU PROPERTIES LLC 047 - 202 -02 JU PROPERTIES LLC 047 - 202 -04 RICHARD J MEYER 047 - 202 -05 E & J MATYAS SECOND FAMILY LIMITED PARTENSHIP 047 -202 -06 JOHN & ANNE BEARDALL 047 - 202 -07 ERNEST M BAKENIE 047 -202 -08 ROSE CALLAHAN LOGAN 047 -202 -09 JOHN JOSEPH BLAHA 047 - 202 -10 JAMES A NIEMIEC 047 - 202 -11 CLAUDE A GAMMEL 047 - 202 -12 ELLIOTT A & ELIZABETH C BONN 047 - 202 -13 THOMAS JOSEPH O BRIEN 047 - 202 -17 BARBARA FARQUHAR 047 - 202 -18 CHARLES E WASHBON 047- 202 -19 MURIEL M WEINER 047 - 202 -20 PETER GREGORY ANDERSON 047 - 202 -21 JEROME H THOMPSON 047 - 202 -22 JEROME H THOMPSON 047 - 202 -23 DENIS W KIDD 047 - 202 -25 TIMOTHY PATRICK BUCKLEY 047 - 202 -26 LAURIE JAKE TR 047 - 202 -27 EDWARD C SAUNDERS 047 - 202 -28 STUART A COGAN 047 - 202 -29 JOSEPH R STACK 047 - 202 -30 CARI K OTA 047 - 202 -31 CARPA LLC 047 - 211 -01 LONG KIM & MARTY TUONG VAN PHAM 047 - 211 -02 TERRY & ROCHELLE GALLIMORE 047 - 211 -03 GEORGE F ENGELKE 047 - 211 -04 CYNTHIA C SMITH 047 - 211 -05 EDWARD L LABASS 047 - 211 -08 IDA ZABY 047 - 211 -09 GRACE E DOVE 047 - 211 -10 EDWARD G HEALY 047 - 211 -11 EDWARD G HEALY 047 - 211 -13 JEAN M VAN ORNUM 047 - 211 -14 MORRIE EUGENE NERO 047 - 211 -17 O'MELVENY & MYERS LLP 047 - 211 -18 CHARLES A BANKS 047 - 211 -19 ALFRED D GERRICK 047 - 211 -20 TERRENCE W & CATALINA H CHOW 047 - 211 -22 ABEL VILLALPANDO Page A -3 Exhibit "A" Assessment District No. 99 -2 (Balboa Boulevard Alley) Property Owner List APN OWNER NAME 047 - 211 -23 KATHLEEN INGA MORRIS 047 - 211 -24 JAMES R ANDERSON & BEVERLEY Y ANDERSON TRUST 047 - 211 -25 DON CHRISTENSEN 047 - 211 -26 JAMES & ANN M LAHR 047 - 211 -27 JAMES R CANTWELL 047 - 211 -28 RUTHE WHITACRE 047 - 211 -29 DONALD RAY DONALDSON 047 - 211 -30 TONY L PINKERT 047 -212 -06 TRACY JONES 047 -212 -07 WALTER R WAGNER 047 -212 -08 GILDA FONTANA 047 -212 -09 PAUL T SIMPSON & AGNES B SIMPSON FAMILY 047 - 212 -10 CONSTANCE A LA MAIDA 047 - 212 -11 RONALD B LABOWE 047 - 212 -12 HOWARD O ALEY 047 - 212 -13 MARLENE KNOX 047- 212 -14 ROBERT GRANVILLE KI RKUP 047 - 212 -15 AVALLONE PROPERTIES 047 - 212 -16 RONALD JAY SEIDNER 047 - 212 -17 MORRIE C ADNOFF 047 - 212 -18 WILLIAM A SMILEY� 047 - 212 -19 KHALDOUN S SROUJIEH 047 - 212 -25 ROMAN CATHOLIC BISHOP OF ORANGE 047 - 240-01 NEWPORT -MESA UNIFIED SCHOOL DIST 047 -300 -03 STATE OF CALIFORNIA 932 -70 -024 ANTHONY VADOPALAS 932 -70 -025 DEBORAH J WILKINSON 932 -70 -031 JOHN F BENNETT 932 -70 -032 STEVEN PATAPOFF 932 -70 -033 MATTHEW & LAURI HEMSLEY 932 -91 -095 JUANITA BENNETT 932 -91 -096 JUANITA BENNETT 932 -91 -097 GAYLE N AMEMIYA 932 -91 -101 GENE W ROSS 932 -91 -102 GENE W ROSS 932 -91 -103 GENE W ROSS 939 -80 -001 THOMAS D WYCKOFF 939 -80 -002 JAMES THOMAS MELTON 939 -80 -008 MARK J MAZZULLA 939 -80 -009 PRAKASHANDRA T PATEL 939 -80 -010 BAHER S FAHMY 939 -80 -011 DIAA SAMIR FAHMY 939 -80 -014 DAVID FINE 939 -80 -015 DANIEL J & JOAN P BURT 939 -80 -020 ANNE S HARRIMAN 939 -80 -021 HAROLD C & ANNE S HARRIMAN 939 -85 -052 FRANK HLIFKA 939 -85 -053 FRANK HLIFKA 939 -85 -054 FRANK HLIFKA 939-85 -057 NEIL STANLEY HARDIN 939 -85 -058 DONALD W NORBURY Page A -4 Harris & Associates Program Managers Construction Managers Civil Engineers CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 99-2 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned, under penalty of per ury, CERTIFIES AS FOLLOWS: MAILING The NOTICING OF CONFIRMED ASSESSMENT were mailed to the record owners of all real property proposed to be assessed according to the names and addresses of such owners as the same appear on the last County Assessment Roll, or at the address as ]mown to the undersigned; said mailing being accomplished on the 29th day of September, 2008. (Attached to this Certification is a complete copy of the Notice of Confirmed Assessment.) EXECUTED this 29" day of September, 2008, at Irvine, California. r o. Title: PROJECT MANAGER HARRIS & ASSOCIATES Q:Wewpori BeacMA09\cmremp\noticing certdoc 34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 irvine @harris- assoc.com Assessment No.: oasmt no* Assessors Parcel No.: oapn" Property Address: uparcel_address� «owner» «Owner2u «mailing street» «mailing_citystzip» — NOTICE OF ASSESSMENT — City of Newport Beach Assessment District No. 99-2 Total Assessment: Financing Acct. No.: 4099 -6850 atotal_asmt* Total Payoff Amount: «payoff_amt* This amount represents the Total Assessment amount less 13%, since no financing cost will be incurred prior to payoff. (See Item 2 — Payment Option No. 1, below.) Total Enclosed: X Please out along this line and return the top to the City of Newport Beach with your payment X NOTICE IS HEREBY GIVEN THAT: 1. On September 23, 2008, the City of Newport Beach City Council approved the levy of an assessment to pay for the undergrounding of overhead utilities within your neighborhood. Of the ballots returned by the property owners, over 57 %, by weighted assessment, were in favor of forming the Assessment District. The assessment to pay for these improvements has been recorded in the office of the Superintendent of Streets of the City of Newport Beach, 3300 Newport Blvd, Newport Beach, CA 92663. The Assessor Parcel Number representing your property and the Total Assessment amount for that parcel is shown above. 2. On or before October 24, 2008 you may choose to pay all or a part of your Total Assessment. Please make your check payable to the City of Newport Beach and put the Assessor's Parcel Number on your check. Send your payment (along with the top part of this notice) to: City of Newport Beach Director of Finance 3300 Newport Blvd Newport Beach, CA 92663 Please note there are two (2) possible methods of payment provided to assist you in the payment process: • Payment Option No. 1— Pay the Assessment In full and remove the entire lien from your property: If you pay the Total Lien Payoff Amount, shown above, the entire Total Assessment lien will be removed from your property. The payoff amount is 13% of the Total Assessment amount since no financing costs will be incurred prior to payoff. • Payment Option No. 2 — Choose to make no payment or a partial payment of the total assessment by October 24, 2008 and the entire Total Assessment lien will be placed on your property: If you pay a partial payment or do not pay any portion of the assessment by October 24, 2008, then the assessment lien will remain on your property. Bonds will be issued reflecting the unpaid amount of the Total Assessment. Bonds, bearing interest at a rate not to exceed seven percent (7° /a) per annum (probably less at today's prevailing interest rates), will be issued pursuant to the Improvement Bond Act of 1915, of Division 10 of the Streets and Highways Code of California. The last installment of the bonds will mature not to exceed fifteen (15) years from the second day of September next succeeding twelve (12) months from their date. Annual installments of principal, interest and administrative fees will be collected with your property tax bill. 3. After bonds are issued, assessments may be paid off by paying any outstanding delinquencies and penalties, the remaining principal amount or any portion of it, the applicable bond redemption premium, interest to the next available bond call date and an administrative fee fixed by the City. If you have any questions, please call Alfred Castanon at (949) 644.3314. You may also e-mail your questions to ACastanon @city.newport- beach.ca.us. Dated as of September 30, 2008 Alfred Castanon Associate Civil Engineer City of Newport Beach City of Newport Beach Utility Underground Assessment District N0.99 -2 Assessment Notice Mailing List September 29, 2008 Page 1 of 4 Sltus AsmtNo APN sml Payoff Amt Mall Owner Name Care Of! Owner 2 M Street Address M City State Zip _ 233 19TH ST 1 047 - 161 -24 56.1 $25,02129 D'ALLESSIO INVESTMENTS LLC 440 FAIR OR F COSTA MESA CA 926268222 22919TH ST 2 047 - 161 -23 73.64 $17,964.02 MARK A& PAMELA MURRAY 22919TH ST NEWPOR T BEACH CA 826633507 225 19TH ST 3 047 - 161 -26 38.87 $17,322.48 MARK A MURRAY 229 19TH ST NEWPORT BEACH CA 926633507 221 19TH ST 4 047 - 161 -27 38.87 $17,322.45 DONALD R SPITZ 219 VIA LIDO SOLID NEWPORT BEACH CA 926633613 21919TH ST 5 047 -161 -02 NS20,573.64 95.41 $12,831.44 DOROTHY SPITZ 1015 GALLEY AVE#360 LOS ANGELES CA 900243413 217 19TH ST 6 047 -161 -03 95.46 $12,831.44 THOMAS ERNIE HYANS 21719TH ST NEWPORT BEACH CA 82/1633507 213 19TH ST 7 932 -70 -024 369.32 $16,039.30 ANTHONY VADOPALAS 213 19TH ST NEWPORT BEACH CA 926633507 215 19TH ST 8 932 -70 -025 369.32 816,039.30 DEBORAH J WILKINSON 1901 NEWPORT BLVD #350 ;COSTA MESA CA 92627 -2299 207 19TH ST 9 932 -70 -031 30.24 513,473.0 JOHN F SENNETT 20719TH ST NEWPORT BEACH CA 926633507 209 18TH ST 10 932 -70 -032 30.24 STEVEN PATAPOFF 3418 VIA L700 #915 NEWPORT BEACH CA 926833908 211 19TH ST 11 932 -70 -033 $15430.24 _$13.473.02 $13,473.0 MATTHEW & LAURI HEMSLEY 211 19TH ST #3 NEWPORT BEACH CA 826633507 NO SITUS 12 047 -161 -01 $5,143.42 $4,491.01' CITY OF NEWPORT BEACH_ P O BOX 1768 NEWPORT BEACH CA 82663 -3616 1829 W BAY AVE 13 047 -181 -02 $18,369.32 $16,039.3 _ _ BEVERLYLUCAS -- 1829WBAYAVE NEWPORT BEACH CA 928833516 1823 W BAY AVE 14 047 -181 -03 $18.369.32 $16, 039.3 PHILIP ABRAMOWITZ 29475 WEEPING WILLOW OR AGOURA HILLS CA 913013136 210 19TH ST 15 047.181-04 $18,369.32 $16,039.3 LE ROY G WILSON 913 W BAY AVE NEWPORT BEACH CA 92861 -1012 1824 -A VILELLE 16 93985 4 52 $2,446.79 $2,138.43 FRANK HLIFKA _ _ 1824 VILELLE PL #C NEWPORT BEACH CA 926633569 1820 -B VILELLE_ 17 93985 -053 $2,446.79 $2,136.43 FRANK HLIFKA 1824 VILELLE PL #C NEWPORT BEACH CA 926833589 18246 VILELLE 93985 -054 $2,446.79 $2.136.43 FRANK HLIFKA 1824 VILELLE PL #C NEWPORT BEACH CA 926634569__ _ 1830 -1 W BALBOA _18_ - 19 939 -85 -057 $1,836.93 $1,603.93 NEIL STANLEY HARDIN 1830 W BALBOA BLVD #A NEWPORT BEACH CA 826633515 1830 -2 W BALBOA 20 939 -85 -058 $1,836.93 $1,603.93 DONALD W NORBURY 1830112 W BALBOA NEWPORT BEACH CA 826633515 NO SITUS 21 047 -152 -05 $10.497.91 $9,130. LEVON GUGASIAN 11 RIDGELINE OR NEWPORT BEACH CA 926608825 2007 W BALBOA BLVD 22 047- 152 -06 $25.018.12 $21,784.09 _ WEST COAST HIGHWAY LLC- -__ 31920 DEL OBISPO SUITE 155 SAN JUAN CAPISTRANO CA 92875 2004 COURT ST 23 047- 152 -12 $7,156.03 $6224.0 _ _ SUZANNE 8 SCOFIELD 400 CLUBHOUSE AVE #A NEWPORT BEACH CA 92663 -3284 2006 COURT ST 24 047 -152 -08 $10.970.2 $9,541.43 SUZANNE BIEN SCOFIELD _ _ _ 400 CLUBHOUSE AVE NEWPORT BEACH CA 92663 -3283 2000 COURT ST 25 047 -152 -07 $12.401.40 $10,786.231 JOSEPH PAUL WILLIAMS 323 CANAL ST NEWPORT BEACH CA 82663 -1801 2001 COURT ST 26 - 153 -21 $20,988.65 $15027.68 $18,255.0 JERRY 8 JACQUELINE DOYLE FAMILY LTD PARTNERSHIP 10 SKYSAIL DR CORONA DEL MAR CA 92625 2004 W OCEAN FRONT 27 _047 047- 153 -20 $13,070.48 JERRY &JACQUELINE DOYLE FAMILY LTD PARTNERSHIP 10 SKYSAIL DR CORONA DEL MAR CA 92825 2002 W OCEAN FRONT 26 047 - 153 -10 $16,458.88 $14,31526 TONY T & MARY BETH BOB T& M PROPERTIES P O BOX 1150 CLINT TX 79836 -1150 2000 W OCEAN FRONT 29 047 -153 -09 $12,165.25 $10,580.& _ _ _ SUSHILL K GARG 3737 BRICH ST 9200 NEWPORT BEACH CA 92660 -2633 1917 W BALBOA BLVD 30 ! 047 -171 -01 $12,880.85 $11,20324 BAL&AMO J AUDRE 22862 SAILWIND WAY LAKE FOREST CA 926303676 1915 W BALBOABLVD 31 1 047 -171 -02 87.156.03 $6,224.02 BETTY JANE GLASER ST'OWELL, CHARLES H _ 18231 IRVINE BLVD #200 TUSTIN CA 92780-3432 1913 W BALBOA BLVD 32 1 047- 171 -03 $5.724.83 &4,979.2 CLARA VAIRO _.. _,- 12025 BANIS RD AGUA DULCE CA 913903489 1811 W BALBOA BLVD 33 047 - 171 -04 $5.009.23 54,35612 RANDI S LEFKO 4963 W 88TH ST PRAIRIE VILLAGE KS 66207 -2256 1909 W BALBOA BLVD 34 047- 171 -22 54,293.62 $3,734.42 RANDI S LEFKO 4963 W 88TH ST PRAIRIE VILLAGE KS 66207 -2256 1920 COURT ST _ 35 _ 047- 171 -18 $12,165.2 $10580.84 STEVEN J MCNICHOLS 1920 COURT ST NEWPORT BEACH CA 826633316 1918 COURT ST 36 047- 171 -15 $_13,586.4 $11,825.65 RUSSELL H OLSEN 682 KING RICHARD AVE LAS VEGAS NV 88118 -1372 1916 COURT ST 37 047- 171 -14 $13,596.4 $11.825.65 KELBER A JAMES PO BOX 535 UPLAND CA 91785 -0535 1914 COURT ST 1 38 047- 171 -13 $13,596.47 $11.825.68 FLORENCE N TORTOMASI PO BOX 2145 ARCADIA CA 91077 1912 COURT ST 39 047 - 171 -12 1 $13,596.4 $11.8215AN JOHN B STORY 1912 COURT ST NEWPORT BEACH CA 926833316 1910 COURT ST 40 047 - 171 -11 $13,596.4 $11,825.651 WILLIAM NUTTING ROODE 1910 COURTAVE NEWPORT BEACH CA 926633316 1908 COURT ST 41 047 - 171 -10 $13,596.4 $11.825.65 JEFF D GRANT 466 BROADWAY COSTA MESA CA 82627 -2318 1806 COURT ST - - ............._- 42 047 -171 -09 $13,596.4. $11,825.65 STEVE WINNAMAN 4910 ALTA CANYADA RD LA CANADA FLINTRIDGE CA 81011 1805 W BALBOA BLVD 43 047- 171 -20 $17,174.48 $14,937.66 _ BARBARA B SOROS 9662 VILLA WOODS OR VILLA PARK CA 928613114 1903 W BALBOA BLVD 44 047 - 171 -19 $15.027.68 $13,070.48 BARBARA B SOROS 9662 VILLA WOODS OR VILLA PARK CA 928613114 111 19TH ST 45 1 047- 171 -17 515027.88 $13,070.46 ROMAN CATHOLIC BISHOP OF ORANGE P O BOX 14195 ORANGE CA 92863 -1595 1925 COURT ST 48 1 047- 172 -25 $19,32129 $16,004.8 TON INCORPORATED _ 337 W BROOKDALE PL FULLERTON CA BZB32 -1425 1921 COURT ST_ 47 047 - 172 -24 $12,880.85 $11,20324 CHARLES JAMES PRONGOS 2415 E FAIRMONT FRESNO CA 83726-0315 1919 COURT ST - 48 047 -172 -02 $12,880.85 $11,20324 DAVID CARRERA 1919 COURT ST #A NEWPORT BEACH CA 926633315 1917 COURT ST 49 047 -172 -03 $12,880.8 $11,20324 ISAAC H POLK 2853 TULIPTREE UN SANTA CLARA CA 950.51.8243 1915 COURT ST 50 047 -172 -04 $12,880.8 $11,20324 CHARLES W MALTZ 856 S SUNSET AVE WEST COVINA CA 91790.6564 1913 COURT T 51 047 -172-05 572.8803 $11,203.24 ESTHER ORTIZ 1015 RUTLAND AVE LOS ANGELES CA 90042 -1536 1911 COURT ST 62 047 -172-06 $12.880.65 $11,203.24 TIMOTHY E ROETTELE 1911 COURT STREET NEWPORT BEACH CA 926633315 7909 COURT AVE 53 047 -172-07 $12.880.65 $11.203.24 JOHN F THOMAS 17852 SANTIAGO BLVD #205 VILLA PARK CA 92861 1907 COURT AVE 54 047 - 172-19 $12.880.8 $11.203.24 THOMAS E & NANCY S CAIN 645 BUENA VISTA WAY LAGUNA BEACH CA 92651 1905 COURT AVE 55 047 - 172 -21 $12.880.8 $11.203.24 JOHN E EVANS 12 BLOOMDALE IRVINE CA 92614 -7531 1901 COURT ST 56 047- 172 -20 $19,321. $16,804.87 GEORGE A RIGAUD $911 CANARY AVE FOUNTAIN VALLEY CA 92708-8324 1926 W OCEAN FRONT 57 047- 172 -18 $16,458. 514.315.2 WYLIE A AITKEN 3 IMPERIAL PROMENADE 9800 SANTA ANA CA 92707.5819 1924 W OCEAN FRONT 56 047- 172 -17 514,312.0 $12,448.0 S L GAGE 3101 W COAST HWY #312 NEWPORT BEACH CA 926833034 1922 W OCEAN FRONT 58 047 - 172 -28 $14,312.0 $72468.0 GRANT LANE 1550 N 40TH ST #10 MESA AZ 85205 1920 W OCEANFRONT 60 047 - 172 -29 14 312.0 $72.468. GRE R HAERR 5469 WALKER ESTATES CIR HOLLADAY UT 84117 -7660 u:w W WOCMa58JkHiWSWm OASmw MM 29 10B> City of Newport Beach Septem0er 29, 2008 Utility Underground Assessment District No. 99-2 Page 2 of 4 Assessment Notice Mailing List 1918 W OCEAN FRONT 61 047. 172 -15 $14.312.07 $12A48.05 ALBERT KAMEL HANNA 13241 TIBURON WAY TUSTIN CA 9 278 2 -86 7 4 1918 W OCEAN FRONT 1914 W OCEAN FRONT 82 047 - 172 -14 814.372.07 $12A411J)5 MICHAEL S LEVINSON _. _ _ _ - 3365 CANON DR BEVERLY HILLS CA 902124578 63 047 - 172 -23 $14,312.07 $12A40.05 WILLIAM STEIN 1914 W OCEANFRONT NEWPORT BEACH CA 92683-0325 1912 W OCEAN FRONT 64 047 - 172 -22 _ $14.312.07 $12A48.05 MICHAEL DAROLD PRESTON 133 BOTHELO AVE MILPITAS CA 95035 1910 W OCEAN FRONT 65 047 - 172 -12 $14,312.07 $12,440.05 GILES W MALOOF 1400 LONGMONT AVE BOISE ID 837063730 _ 1908 W OCEAN FRONT 66 047 -172 -26 $14.312.07 $12,448.05 KENNETH D & BETTY L ANDERSON_ P O BOX 442 PRIOR LAKE MN 55372 -0442 1906 W OCEAN FRONT 67 047- 172 -27 $14.312.07 $12A48.05 DENNIS W KIDD 22874 PICO 5T GRAND TERRACE CA 923135728 1904 W OCEAN FRONT 68 047- 172 -10 $13,596.47 $17,825.8 _ STEVEN L & MARY ANNE GRECO 19161 WOODFORD TER IRVINE CA 926033518 1400 W OCEAN FRONT 89 047- 172-09 $15,027.68 $13.070.46 GERARD P TARDIE _ P O BOX 717 NEWPORT BEACH CA 9208"717 114 19TH ST 70 047 -173 -01 $27,192.93 $23651.30 ABEL VILLPLPANDO 309 0.11806,0 RD DEXTER NM 88230 _ _ 1829 W BALBOA BLVD _ 71 047 -17334 $77.890.0 GOODIE ROBERT 2682E 2ND 5T #77 LONG BEACH CA 90803 1827 W BALBOA BLVD 72 047 -17333 $18,605.8 __$15,560.06 $16,18 .46 JORDON M WEHNER 892 N CYPRESS 5T #A ORANGE CA 928675885 1825 W BALBOA BLVD 73 047 -173,03 $17,890.0 $15,560.06 FERIT KURTKAN- 722 77TH 5T HUNTINGTON BEACH CA 92648 1823 W BALBOA BLVD 74 047 -173-04 $18,606.8 $78.7:2. _ ROD CANADA 828 W OCEAN FRONT NEWPORT BEACH CA 92651-1114 1821 W BALBOA BLVD 75 .047 -173-05 $18605.6 $1 &182. 46 GEORGE WILLIAM SISCO _ _ _ 524 GREENFIELD CT UPLAND CA 91786 -7183 187906 BALBOA BLVD 76 $17,890.08 $15,560.06 DONALD ACANNING —__ _ _. 7982 BELLEAU RD_....... GLENDALE CA87206-7305 1817 W BALBOA BLVD - .. 77 047 -17331 $16,605.66 $16,102.46 JEFF &LISA SILBAR 3964 SUNSWEPT OR STUDIO CITY CA 97804 -2330 1815 W BALBOA BLVD 78 047 -173-07 $17,80.08 $75.560.08 MAHENDRATSHAH 1815 W BALBOA BLVD NEWPORT BEACH CA 92663-4514 1813 W BALBOA BLVD 79 047- 173-24 $17,8W.08 $15.560.06 _ FRANCIS L HUTAIN 13402 SIERRA MADRE OR SANTA ANA CA 927051960 1811 W BALBOA BLVD 80 047- 173-23 $17.890.08 $15.560.06 _ _ DAVE C JOHNSON _ 33460 MEGAN CT LAKE ELSINORE CA 92530 -2402 1809 W BALBOA BLVD 81 047 -173-09 $17,890.08 $15560.06 JAMES H & TAMARA B MC KENNON _ 1930 PORT OUNLEIGH,CIR NEWPORT BEACH CA 926605830 1807 W BALBOA BLVD 82 047- 173-70 $17,890.08 $15,560.66 MICHAEL S BACUS 1807 W BALBOA BLVD NEWPORT BEACH CA 92663-4579 1805 W BALBOA BLVD 83 047 -17 &71 $17.890.0 $15560.06 LINDA C OROZCO 1805 W BALBOA BLVD NEWPORT BEACH, CA 926634514 1803 W BALBOA BLVD 84 047- 173 -12 $36,495.77 $31,742.5 GIACOMO J ZANCHI 78801 NALL CIRCLE HUNTINGTON BEACH CA 9264930 1824 W OCEAN FRONT 85 047 -173 -22 $80,747.5 _ $68.709.0 WILLIAM B MARTIN 1824 W OCEANFRONT NEWPORT BEACH CA 92663-4520 1820 W OCEAN FRONT 80 047 -173 -25 S25.761.72 SU,406.49 DOLE F SUSAN 1820 W OCEANFRONT NEWPORT BEACH CA 92683-4520 1818 W OCEAN FRONT I 87 932 -91,095 U.871.0 86,846.42 JUANITA BENNETT 12669 AUBERRY RD CLOVIS CA 938199838 1818 W OCEAN FRONT 2 88 932 -91 -096 U,871.63 56.846.42 _- JUANITA BENNETT 12669 AUBERRY RD CLOVIS CA 938199838 1818 W OCEAN FRONT 3 89 1 332 - 91,097 U.871.63 86.848.42 GAYLE N AMEMIYA 3479 VIA LIDO #626 NEWPORT BEACH CA 92863 -3908 1816 W OCEAN FRONT 90 047 -173 -20 $23,614.94 $20,539.23 JOHN R MORDOFF 722 GRACE CT WEST COVINA CA 91790 -1328 1814WOCEAN FRONT 91 047 - 773-27 $23674.91 $20539.2 B -1,119 LIMITED PARTNERSHIP -._,- .._. 777 CUMBERLAND RD GLENDALE CA 912D2-1227 1812 W OCEAN FRONT 92 047- 173-28 $22.183.71 $19,294.48 DONNA L CAMBON -_ _ 13936 WESTWOOD WAY RANCHO CUCAMONG_A CA 91739 1810 OCEAN FRONT 93 - 932 -9776 $7.158.03 8224.02 ROSS 81 IA 1 D NEWPORTM -CWCA 925"3- -5529 1810 OCEAN FRONT 8 94 932-91 -102 $7,156.03 88224.02 , _. _ GENE W ROSS 617 VIA LIDO SOLD NEWPORT BEACH CA 92663 -5528 1810 OCEAN FRONT C 95 932 -91 -103 $7,156.0 $6,224.02 GENE W ROSS 617 VIA LIDO SOLD NEWPORT BEACH CA 92663 -5528 1808 W OCEAN FRONT 96 047 -173 -29 ' $21,468.10 $18,672.08 STEVEN C KOVELY 123 CAMINO DON MIGUEL ORINDA CA 9 9563 -7 709 1806 W OCEAN FRONT 97 047 - 173 -17 522,183.71 819,294.48 JOHN M & BARBARA L ROY 1806 W OCEANFRONT I NEWPORT BEACH CA 92663-4520 1804 W OCEAN FRONT 98 l 047- 173 -16 T - $12183.71 $19,299.48 JUDITH JACOBS 219 VIA LIDO SOLD NEWPORT BEACH CA 926634613 1802 W OCEAN FRONT 99 1 047 - 173 -15 $22,183.71 $19,294.98 ALBERT M IRWIN 1802 W OCEANFRONT NEWPORT BEACH CA 926834520 105 18TH ST 100 047 - 173-13 $9,302.85 $8,091.24 _ GAYLOR W SINGLETARY 1733 MASACHUSETTS AVE RIVERSIDE CA 92507 -2614 1800 W OCEAN FRONT 101 047 - 173-19 $12.880. $11,20324 KARL H KIROLOS _ 2714 DURFEE AVE EL MONTE CA 91732 7733 W BALBOA BLVD 102 047 -201 -01 $10,018.45 E6,713.64 RICHARD & DIOTAY BAKER CIO ORANGE COUNTY PR PO BOX 2080 HUNTINGTON BEACH CA 92647 -00 _ 1725 W BALBOA BLVD _ 103 047- 201 -02 $3,814.17 $3,317.41 ROBERT L MC CLEEARY P O BOX 3796 NEWPORT BEACH CA 92659 -0770 11018TH ST 104 047 -201 -26 _ $20.752.50 $18.049.68 LARITA BLOHM URQUIDI 77018TH$T NEWPORT BEACH CA 926834504 10818TH ST 105 047- 201 -25 $4,293.62 $3,734.42 ORIEN THEODORE & MARY_P_A_ PFEIFER 3584 BLUFF NORCO CA 92860-18Z3 108 18TH ST 106 047 -201 -24 $4,293.62 $3,734.42 MARK SILER 3137 LIMERICK LN COSTA MESA CA 92626.2654 1723 W BALBOA BLVD 1 107 939.80 -001 018.4 $8.713.64 THOMAS D WYCKOFF 31571 PEPPER TREE BEND SAN JUAN CAPISTRA CA 92875 -305 172306 BALBOA BLVD 108 93930 -002 $018.4 $8.713.64 JAMES THOMAS MELTON 272795TQNYBROOK DR WALNUT CA 91789-5010 1721 W BALBOA BLVD 109 047 -20132 $605.68 $16.182.4 BRENT SEPULVEDA 518 N CARLISLE PL ORANGE CA 928695020 1719 BALBOA BLVD _ 110_ 047 -20131 $605.68 $16.182.4 CENTER ANDREW J & VICKY D P O BOX 870 BLUE JAY CA 92317 -0870 1717 W BALBOA BLVD 111 047- 201 -29 605.66 816,182.4 CRAIG & VICKI CHAMBERLAIN 201 WESTWOOD LN REDLANDS CA 92373 -7164 1715 W BALBOA BLVD _ 112 047 -201 -05 ,605.68 816,182.46 MARKS CARSON 1775 72 W BALBOA BLVD NEWPORT BEACH CA 92663.4572 1713 W BALBOA BLVD A 113 939 -80 -014 302. $8.091.24 DAVID FINE 1713 W BALBOA BLVD #A NEWPORT BEACH CA 92663-0512 1713 W BALBOA BLVD B 114 939 -80 -015 302.85 P$155027.681 $8.09129 DANIEL J & JOAN P BURT 3418 ARDENT OAK CIR HOUSTON TX 770593774 1711 W BALBOA BLVD 175 047- 201 -35 ,605.68 518.182.48 RENE ARIGAUD 1960 PORT SEABOURNE WAY NEWPORT BEACH CA 926(305634 1709 BALBOA BLVD 116 047 - 20197 605. $18,182.48 RENE A & GAIL H RIGAUD 7960 PORT SEABOURNE WAY NEWPORT BEACH CA 926605634 1707 W BALBOA BLVD 117 047 -201 -08 ,605 $16182.46 RALPH COHEN 1707 W BALBOA NEWPORT BEACH CA 92683-4512 1701 W BALBOA BLVD 118 047 - 201 -09 101A5 $47,924.9 ZAVALA C FRANK 1701 W BALBOA BLVD NEWPORT BEACH CA 92663-4512 106 18TH $T 119 047 - 201 -23 .739.05 E9,336.04 THOMAS G & BARBARA A DUFFY 395M1 LA PLAYA OR DAVIS CA 9 5 6185 756 1726 W OCEAN FRONT 120 047 - 201 -22 .027.68 $73,070.46 MODGAP LLC 7136 RIMSDALE OR WEST COVINA CA 9 7 7 91354 8 1724 W OCEAN FRONT 121 047 - 201 -21 $22,183.71 879,294.46 DI CORPO NELLO C TR 78 VISTA MONTEMAR IAGUNA NIGUEL CA 92877 -7955 1722 W OCEAN FRONT 122 047- 201 -20 1 $22.103.711 $19,294ABI JASON F G YEE 112411 SLAUSON AVE #D WHITTIER CA 90608 -2835 Cwew�p46¢aCpN48p,NpW eallglq¢ MpamMlalaaYa Z9aePr�.aa Clry Of Newport Beach U9lity Unoerg=no Assessment District No. 99 -2 Assessment Notice Mailing List Seytember29, 2008 Page 3 of 4 1720 W OCEANFRONT #4 123 1 939 -80 -020 $10.734.05 $9,336.04 ANNE S HARRIMAN PO BOX 3605 NEWPORT BEACH CA 92659.6605 1720 W OCEANFRONT #B 124 939 -80-021 $10.734.05 $9,336.04 HAROLD C & ANNE S HARRIMAN PO BOX 3605 NEWPORT BEACH CA 92659 -8605 1718 W OCEAN FROWT 125 047 - 201 -18 $22.183.71 $19,264A8 BANK FIRST INTERSTATE OF CALIFORNIA TR PDS TAX SERVICES PO BOX 13519 ARLINGTON TX 76094 -0519 1716 W OCEAN FRONT 126 - 047 - 201 -17 I 197j 047-201 -16 _.- $22183.71 $19.294.48 RONALD L HERRICK _ WILKINS HAAS 2 LLC P O BOX 1398 NEWPORT BEACH CA 92659 -0398 1714 W OCEAN FRONT _ 522183.71 $19.294.48 38 E HUNTINGTON —DR ARCADIA CA 910063253 1712 W OCEAN FRONT 128 1 047 - 201 -15 _ $22.183.71 $19,294.48 KENNETH L & CARMEN M RAWSOPF PO BOX 1221 NEWPORT BEACH CA 92659 -0221 1710 W OCEAN FROM 128 i 047- 2D7 -14 $22.183.71 $19.294-48 _ tACK EGATT B_IG FISH GOLF CLUB ...._. 14122 W TRUE NORTH LANE HAYWARD W154843 1708 W OCEAN FRONT 130 047- 201 -13 $22183.71 $19.294.48 .... RUTH JEAN GERBER _ _ _ 1708 W OCEAN FRONT - NEWPORT BEACH CA 928834519 1706WOCEAN FROM 131 047 - 201 -12 $22183.71 $19.294.48 WILLIAM L MOORE _ - PO BOX 660506 ARCADIA CA 91066 -0606 1704 W OCEAN FROM 132 047- 201 -11 $22, 63.71 $19,2.48 04 RICHARD L FALLON 1704 W OCEAN FRONT NEWPORT BEACH CA 928634519 1700 W OCEAN FRONT _ 133 047 - 201 -10 525.7781.72 $22,408.49 C DARLE HALE TRUST _. C/O JULIO ALEJANDRO PO BOX 2373 _ ORANGE CA 82859 1631 W BALBOA BLVD — 134 047 -202 -01 $18,605.68 $16,182A8 JU PROPERTIES LLC _ 70132 CUTTY SARK DR HUNTINGTON BEACH CA 9284 1829 W BALBOA BLVD 135 � 047 -202 -02 S 047 -202 -30 $18.605.68 $16.182.46 JU PROPERTIES LLC 70132 CUTTV SARK DR HUNTINGTON BEACH CA 92846 1627 W BALBOA BLVD 136 $18,605.617 _ $16,182.46 CART K OTA _ 9431 VILLA ISLE CIR VILLA PARK CA 92861 1625 W BALBOA BLVD 137 047 - 202 -29 $18,605.8 $16.182.46 _JOSEPH R STACK _ 18471 SANTIAGO BLVD VILLA PARK CA 92861 -2753 1623 W BALBOA BLVD 138 047 -202 -04 $18.605.68 $18.182AGI RICHARD J MEYER _ _ PO BOX 3046 NEWPORT BEACH CA 92659 -0590 1621 W BALBOA BLVD _ 139 047 -202 -05 $18,605.66 $16.182A6 E & J MATVAS SECOND FAMILY LIMITED PARTENSHIP 2044 EDGEWOOD DR SOUTH PASADENA CA 91030 -3920 1619 W BALBOA BLVD 140 047 -202 -06 $18,605.68 $16.182.48 JOHN &ANNE BEARDALL 19108 SIERRA MARJORCA IRVINE CA 926033942 1617 W BALBOA BLVD 141 047 -202 -07 $18.605.617 $16.182.46 ERNEST M BAKENIE _____ PO BOX 139 JERICHO NY 11753 -2106 1615 W BALBOA BLVD 142 047 -202 -08 518,805.68 $16.182.46_ ROSE CALLAHAN LOGAN 1615 W BALBOA BLVD NEWPORT BEACH CA 926634_511 1613 W BALBOA BLVD 143 047 -202 -09 $1 8,605.6 $16.182.48 JOHN JOSEPH BLAHA _ _ 1521 MERRIMAN DR GLENDALE CA 91202 -1212 1611 W BALBOA BLVD 144 047- 202 -10 S18,605.13E $16.182.46 JAMES A NIEMIEC 1841 STONEHENGE DR TUSTIN CA 927804725 1609 W BALBOA BLVD 145 ! 047 - 202 -11 518.605.8 $16.182.46 _ CLAUDE A GAMMEL PO BOX 3302 NEWPORT BEACH CA 92859302 3 1607 W BALBOA BLVD 146 047 - 202 -12 $18,605.68 $16,162.46 ELLIOTT A & ELIZABETH C BONN 1607 W BALBOA BLVD NEWPORT BEACH CA 926634511 1605 W BALBOA BLVD :. 147 047 - 202 -13 $18.605.6 816.182.46 _ THOMAS JOSEPH O BRIEN 885 BAUER DR _ _ 711 N SEPULVEDA BLVD #336 SAN CARLOS CA 94070 MANHATTAN BEACH CA 90268884 1801 W BALBOA BLVD 148 047 -20231 $36.495.7 $31.742.53 CARPA LLC 1628 W OCEAN FRONT 149 047- 202 -28 047- 202-27 $25.761.7 $22.406.4 STUART A COGAN PO BOX 4258 NEWPORT BEACH CA 92661-4259 1824 W OCEAN FROM ILO . $22,183.71 $22183.71 $19,294.4 EDWARD C SAUNDERS 7824 W OCEANFRONT #B NEWPORT BEACH CA 92663-0518 1622 W OCEAN FRONT 151 047- 202 -26 $19294.4 _ _ _ _ LAURIE JAKE TR R_ICHARD JEAN GALBRArt 2779 FILBERT 5T SAN FRANCISCO CA 947233217 1620 W OCEAN FRONT 152 047- 202 -25 $22,783.71 _ .... $19294.4 TIMOTHY PATRICK BUCI(LEY 22895 E PARK DR YORBA LINDA CA 92887 -dG53 1618 W OCEAN FRONT 1 153 939.80 -0OB $10.734.05 $9.336.04 MARK J MAZZULLA _ 7231 BOULDER AVE 9819 HIGHLAND CA 923463313 1618 W OCEAN FRONT 2 154 93MO -009 510.734.0 $9.336.04 PRAKASHANDRA T PATEL 1058 HOLIDAY DR WEST COVINA CA 91791 -3481 ifitfi W OCEAN FRONT_ 155 047- 202 -23 522,183.7E E79294.4 PENIS W KIDD 22674 PICO ST _ -, _ ,GRAND TERRACE CA 82313 -5728 7161 INDIANA AVENUE RIVERSIDE CA 926044555 NO SINS 156 047 - 202 -22 522,183.71 518294.48 JEROME H THOMPSON THE THOMPSON COMPA 1612 W OCEAN FRONT 157 047- 202 -21 $22,183.71 $22183.71 $18294.48 JEROME H THOMPSON 5175 MYRTLE AVE RIVERSIDE CA 92506.1425 1610 W OCEAN FRONT 158 047- 202 -20 $19.294.4 _ PETER GREGORY ANDERSON 1610 W OCEAN FRONT AVE NEWPORT BEACH CA 826634518 1608 W OCEAN FRONT 159 047- 202 -19 $22183.71 $19.294.48 MURIEL M WEINER _ _. 1608 W OCEAN FRONT NEWPORT BEACH CA 92683-4518 1606 W OCEAN FROM 160 047- 202 -18 $22.183.71 $19.294.48 CHARLES E WASHBON 7806 W OCEAN FRONT NEWPORT BEACH CA 828834518 1604 W OCEAN FRONT 181 047 - 202 -17 $22.163.71 $19.294.48 BARBARA FARQUHAR 17 BAKER AVE WESTPORT CT 08880 -5003 1529 W BALBOA BLVD 162 047 -211 -01 $18.605.6 $16,102. LONG KIM & MARTY TUONG VAN PHAM. _ _ 7528 W BALBOA BLVD NEWPORT BEACH CA 926634667 1527 W BALBOA BLVD 163 047 -211 -02 -_ $18.605.68 $16.162.4 TERRY & ROCHELLE GALLIMORE PO BOX 55722 VALENCIA CA 913850722 1525 W BALBOA BLVD 164 047 -211 -03 $18,605.6 $16.162.4 GEORGE F ENGELKE 517 GAJiRETT DR CORONA DEL MAR CA 926252719 1523 W BALBOA BLVD 185 047- 211-04 $1B IWAS —$16,182.461- CYNTHIA C SMITH 45 BETHANY DR IRVINE CA 926033544 1521 W BALBOA BLVD 168 047 -211 -05 $18.805.88 16.182.4 EDWARD L LABASS - PO BOX 3292 BIG BEAR LAKE CA 92315 1519 W BALBOA BLVD 167 047 -21130 $18.605.68 $18.182. TONY L PINKERT PO BOX 401 WAIKOLOA HI 96725 1517 W BALBOA BLVD 168 047 - 211 -29 1 $16.182.4111 DONALD RAY DONALDSON 1517 W BALBOA BLVD NEWPORT BEACH CA 926034509 1515W BALBOA BLVD 047 -211 -26 829,339,73 $25,518.50 JAMES &ANN M LAHR 1996 N LAKEMEAD ORANGE CA 92867 -2471 1511 W BALBOA BLVD 170 047- 211 -27 $25.761.72 S22.406.49 JAMES R CANTWELL 1511 W BALBOA BLVD NEWPORT BEACH CA 926634509 1509 W BALBOA BLVD 771 _ 047- 211 -08 $18.605.68 $16182.4 IDA 7ABY 3832 VENTRUE DR HUNTINGTON BEACH CA 92649 1528 W OCEAN FRONT 172 047 - 211 -25 _ $25.761.72 $22,406. _ DON CHRISTENSEN e508 N VISTA ST SAN GA13RIEL CA 917751143 1522 W OCEAN FROM 173 047- 211-24 $22.183.71 _ $19,294,48 JAMES R ANDERSON & BEVERLEY Y ANDERSON TRUST 5649 ROLLING RD WOODLAND HILLS CA 813674534 1520 W OCEAN FRONT 174 047 -211 -23 $22.183.71 $19.294.48 KATHLEEN INGA MORRIS _ 7333 LESLEY AVE INDIANAPOLIS IN 46250 -2639 1518 W OCEAN FRONT 175 047 - 211 -22 $22.183.71 $19.294.48 ABEL VILLPLPANDO 304 OIIBWA RD DEXTER NM 88230.8803 1516 W OCEAN BLVD B 176 939.80 -010 $10.734. $9,338.04 BAHER S FAHMY 2708 N BENTLEY 5T ORANGE CA 92867 -2258 1516 W OCEAN BLVD A 177 93930 -011 $10.734. $9.336.04 DIAA BAMIR FAHMY 44 CALLE AMEND SAN CLEMENTE CA 92672 1514 W OCEAN FRONT 178 047 -211 -20 __ $22.183.71 $19,294.4 TERRENCE W & CATALINA H CHOW 9 HIBISCUS IRVINE CA 92620 -2201 1512 W OCEAN FRONT 179 047 - 211 -19 =1621.71__ $19294.4 ALFRED D DERRICK 1512 W OCEANFRONT NEWPORT BEACH CA 92663 -4565 1510 W OCEAN FRONT 180 047- 211 -18 1 $22.1821.711 $19.294.461 CHARLES A BANKS 1570 W OCEAN FROM NEWPORT BEACH CA 928834566 1508 W OCEAN FRONT 181 047- 211 -17 $22183711 $19.294.4 O- MELVENY & MYERS LLP 400 S HOPE ST 26TH FLOOR LOS ANGELES CA 90071 -2801 177 15TH ST 182 047 - 211 -09 $35.780.17 $31.120.1 GRACE E DOVE 11715TH ST NEWPORT BEACH CA 926634555 773 15TH ST_ _ 183 047 - 211 -10 E77,B80A8 $15.580.0 EDWARD G HEALY 700 CLIFF DR NEWPORT BEACH CA 926835815 111 15TH ST 164 047- 211 -11 $17,890.08 $16560.06 EDWARD G HEALY 700 CLIFF DR NEWPORT BEACH CA 92663.5815 Onwm MWMNSeM.lt City of Newport Beach Utility Underground Assessment Distdd No. 99 -2 Assessment Notice Mailing List September 29, 2008 Page 4 of 4 10715TH ST 185 047 - 211 -13 $17,890.08 $15,560.06 JEAN M VAN ORNUM 1109 MIRABELLA AVE NOVATO CA 94945 -3124 10515TH ST 186 047 - 211 -14 $17,890.08 $15,560.08 MORRIE EUGENE NERO 105 E 15TH ST NEWPORT BEACH CA 926634555 101 15TH ST 187 047 - 211 -28 $35,780.17 $31,120.13 _ RUTHE WHITACRE 101 15TH ST NEWPORT BEACH CA 92883 -4555 NO SITUS 188 047.300 -03 $14,312.07 $12,448.05 STATE OF CALIFORNIA 6/0 CITY OF NEWPORT 8 3300 NEWPORT BLVD NEWPORT BEACH CA 928833816 1441 w BALBOA BLVD 189 047 - 212 -25 $113,781.15 $98,962.34 ROMAN CATHOLIC BISHOP OF ORANGE 2811 E VILLA REAL DR___,_ ORANGE CA 92867 -1932 1411 W BALBOA BLVD 190 047 - 212 -06 $22,899.37 $19,916.88 TRACY JONES P O BOX 625 LAKE ARROWHEAD CA 92352 -0625 1405 W BALBOA BLVD 191 047 - 212 -07 WALTER R WAGNER 4015 MARCUS AVE NEWPORT BEACH CA 9286 33238 1401 W BALBOA BLVD 192 047 - 212 -08 __S22.899.3 $22,899.31 _$19.918.88 $19.916.8 _ _ GILDA FONTANA 1927 HARBOR BLVD %512 COSTA MESA CA 92627 -7600 10415TH ST 193 047- 212 -19 + $42,9362 $37.344.1 _ _ KHALDOUN S SROUJIEH 1733 MELWOOD DR GLENDALE CA 91207 -1013 1420 WOCEAN FRONT 194 047- 272 -78 ' $42,9382 $37.344.1 WILLIAM A SMILEY 2408 MARGARET DR NEWPORT BEACH CA 82683.5935 1416 W OCEAN FRONT 195 047- 212 -17 . $29,339.7 $25.518.5 MORRIE C ADNOFF _ 14925 LA CUARTA ST WHITTIER CA 90605 -1621 _ 1414 W OCEAN FRONT 196 04_7- 212 -16 $22,181.71 $19,294.48 RONALD JAY SEIDNER _ 611 GORDON HIGHLANDS CT GLENDORA CA 917418460 1412 W OCEAN FRONT 197 047- 212 -15 $22,183.71 $79294.4 AVALLONE PROPERTIES 1367 AVENIDA DE CORTEZ PACIFIC PALISADES CA 90272 -2124 1470 W OCEAN FRONT 198 047- 212 -14 $22.183.71 $19294.48 ROBERT GRANVILLE KIRKUP 1410 W OCEAN FRONT NEWPORT BEACH CA 92661 -1028 1408 W OCEAN FRONT 199 047- 212 -73 $22,783.71 $19294.48 MARLENE KNOX PO BOX 535 MENTONE CA 92359 406 W OCEAN FRO �i 200 047- 212 -12 $22,183.71 $19294.4 HOWARD O ALEY _ _ 1406 W OCEANFRONT NEWPORT BEACH CA 92661 -1068 1404 W OCEAN FRONT 201 047- 212 -11 $22,183.71 $19,294.48 RONALD B LASOWE _ 1631 W BEVERLY BLVD FL 2 _ _ LOS ANGELES CA 900265710 1402 W OCEAN FRONT 047- 212 -10 $22,183.71 $19,294.4 CONSTANCE A LA MAIDA 13 SWALLOWTAIL IRVINE CA 92604 -1941 _ __202 1400 W OCEAN FRONT 203 ..._..... 047-212 -09 -.. 522,183.71 $19,294.48 PAUL T SIMPSON 8 AGNES B SIMPSON FAMILY 931 AVENIDA SALVADOR SAN CLEMENTE CA 92872 -2324 1325 W BALBOA BLVD 204 047 -240 -01 $112.471.3 $97,823.01 NEWPORT-MESA UNIFIED SCHOOL DIST I P O BOX 1368 NEWPORT BEACH CA 82859 -0368 0 :W� eaNTYN99WoticeMQ&e 0 �81W 295ePW.tl