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Home My WebLink About05 - Proposed Assessment District No. 100CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s April 13, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @newportbeachca.gov SUBJECT: Proposed Assessment District No. 100 —Area Generally Bounded by 13th Street, Balboa Boulevard, Adams Street, and Ocean Front Recommendations: 1. Adopt the following Resolutions for Proposed Assessment District No. 100: a. Resolution No. 2010 -32 Accepting Petition and Determining Sufficiency thereof for Proposed Assessment District No. 100. b. Resolution No. 2010 -33 Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for, Proposed Assessment District No. 100. c. Resolution No. 2010 -34 Declaring Intention to Order the Construction of Certain Improvements in Proposed Assessment District No. 100, Describing the District to be Assessed to Pay the Costs and Expenses thereof, Providing for the Issuance of Bonds, and Declaring Intention to Designate the Area an Underground Utilities District. d. Resolution No. 2010 -35 Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 100 and an Underground Utilities District, Setting a Time and Place for a Public Hearing thereon, and Directing the Mailing of Notices of Hearing and Assessment Ballots to the Affected Property Owners. 2. Approve the Professional Service Agreement with Meyer Nave to provide Bond Counsel Services at a Not to Exceed Price of $25,000 and Authorize the Mayor and City Clerk to Execute the Agreement. History: Owners of property located in Proposed Assessment District No. 100 submitted petitions to the City, in Spring 2005, requesting the formation of a special assessment district to underground overhead utilities. - On June 28, 2005, Hall & Foreman, Inc. certified that owners representing approximately 61 percent of the assessable property area within Proposed Assessment District No. 100 had signed a petition for undergrounding overhead utilities. Proposed Assessment District No. 100 —for Undergrounding Utilities and Designation as an Underground Utilities District April 13, 2010 Page 2 Discussion: Assessment District No. 100 is being proposed for the conversion of existing overhead utilities to underground locations. The property owners within the boundary of the proposed Assessment District will bear the cost of the improvements and their associated proceedings. 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 15 -year term for this District. Federal Income Tax Component of Contribution Tax (ITCC) has been eliminated pursuant to 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. To date, City Council has approved a total appropriation of $232,369.82 for the preliminary stages of this project, including $4,799.82 to retain Hall & Foreman, Inc. to certify the petitions, $99,795 to retain Harris & Associates as the assessment engineer, and $77,350 and $50,425 to SCE and AT &T, respectively, to prepare the engineering drawings for the District. If the District is formed, these costs will be incorporated into the project costs. If the District fails to form, the City will be responsible for these costs. The total assessment for Proposed Assessment District No. 100 is estimated as follows: ITEM COST Cost of Design and Construction $3,666,290 Incidental Costs and Expenses $374,710 Financing (Bond) Costs $304,000 Estimated Total Cost: $4,345,000 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 (6 %). 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 seven percent (7 %). In an effort to reduce costs and minimize disruptions in the area, City staff is planning on a concurrent project to replace water and sewer lines within District limits. The timing of these projects will enable savings to both the assessment district and the City because of shared repaving costs. In addition to the payment of the assessment, each property owner will be responsible for the costs of connecting the main service conduit in the public right -of -way to the Proposed Assessment District No. 100 —for Undergrounding Utilities and Designation as an Underground Utilities District April 13, 2010 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 upon City notification. The following is a tentative schedule for proposed Assessment District No. 100: Resolution of Intention April 13, 2010 Property owner information meeting May 18, 2010 Public Hearing June 8, 2010 Public Utilities commence work September 2010 Property Owners notified to install service connections June 2010 Property Owners complete conversions April 2011 Public Utilities begin to remove overhead structures June 2011 Public Utilities finish removing poles & overhead structures August 2011 The assessment engineer used a lot size methodology to apportion assessments within this District, considering that all properties are receiving the same Safety, Connection and Aesthetic benefit. The special benefits from undergrounding the overhead utilities were defined as follows: ■ Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. For the purposes of this report, a street is defined as either a street or alley. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are adjacent to, or in proximity of, overhead facilities receive an aesthetic benefit. • 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. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in compact communities like Balboa Peninsula, the negative effects of falling lines and poles are more widespread including blocked roadways and alleys, and property damage due to impact. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. ■ 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. When compared to overhead systems, fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a connection benefit. Proposed Assessment District No. 100 —for Undergrounding Utilities and Designation as an Underground Utilities District April 13, 2010 Page 4 The range for the estimated assessment costs per parcel is $2,946 to $231,631, with a median parcel assessment of $13,264. Assessments vary over a wide range due to the variation of property sizes. The following is a summary of each property with special consideration: 1. Assessment No. 1, Newport Elementary School. This property is deemed to receive no Aesthetic Benefit from the undergrounding project, as improved aesthetics does not impact the desirability of a school property. This property is considered to receive full Improved Safety Benefits from the undergrounding project. This property receives only cable services from the undergrounding project (1 of the 3 services available to the other properties); the other two services are provided from facilities on 14th Street, from the utility system that was undergrounded by AD 99 -2. Therefore, this property is deemed to receive only 1/3 the Connection Benefit. Therefore, this property receives 0 + 1 + 1/3 = 1.33 of 3 of the benefits from the undergrounding project. Therefore, this property receives 4/9 the benefit of other properties. Its rounded parcel area has been multiplied by 4/9 to calculate the Assessed Parcel Area to fairly apportion the costs. 2. Assessment Nos. 52, 64, 100, 122, 127, 145, 168 and 173. These parcels are connected to the utilities that are proposed to be underground; however, the poles, wires and guy wires to be undergrounded are not in close proximity to these properties and do not provide significant aesthetic benefits to them, nor would they encroach upon these properties should they fall. These parcels do not receive the same level of benefits as other parcels in the District; they receive a Connection Benefit, but no improved Aesthetic or Safety Benefits. Therefore, these properties receive 0 + 0 + 1 = 1 of 3 of the benefits from the undergrounding project. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 3. Assessment No. 242, the Telephone Equipment Building. This property houses telephone equipment. Because of its use, this property is not intended for habitation or commerce and has no parking facilities on the property. Therefore, this property is not considered to receive any aesthetic benefits associated from this undergrounding project. However, it is considered to receive full safety benefits. Also, although this parcel has all utilities available to it, it is not considered to benefit from the telephone service (as this property provides the telephone service to the surrounding area) or the cable service (because of its use). Therefore, this property receives 1/3 the Connection Benefit. Therefore, this property receives 0 + 1 + 1/3 = 1.33 of 3 of the benefits from the undergrounding project. Its rounded parcel area has been multiplied by 4/9 to calculate the Assessed Parcel Area to fairly apportion the costs. 4. Assessment Nos. 263 and 274. In 2004, these properties were included in Assessment District No. 75. These properties were previously assessed for their special benefits related to that utility undergrounding project; however, their Proposed Assessment District No. 100 —for Underground ing Utilities and Designation as an Underground Utilities District April 13, 2010 Page 5 assessments were discounted by 20% because of the addition of the guy pole at the corner of Adams Street and the alley. Therefore, these properties are assigned a factor of 0.2 (20 %) for their special benefits from this current undergrounding project. Their rounded parcel areas have been multiplied by 0.2 to calculate the Assessed Parcel Area to fairly apportion the costs. Any additional special benefits that may be perceived to apply to these parcels are offset by the utility company contribution not allocated to the general benefits associated with this utility undergrounding project. 5. Assessment No. 262. In 2004, this property was included in Assessment District No. 75. This property was previously assessed for its special benefits related to that utility undergrounding project; however, its assessment was discounted by 34% because of the addition of a new riser pole at its westerly corner in the alley. Therefore, this property is assigned a factor of 0.34 (34 %) for its special benefits from this current undergrounding project. Its rounded parcel area has been multiplied by 0.34 to calculate the Assessed Parcel Area to fairly apportion the costs. Any additional special benefits that may be perceived to apply to this parcel are offset by the utility company contribution not allocated to the general benefits associated with this utility undergrounding project. Drawings and specifications for this assessment district were prepared by SCE, AT &T, and Time Warner Cable. Ballot Tabulation Procedures: All assessment ballots submitted to the City Clerk prior to the close of public hearing will be tabulated per the City- adopted ballot tabulation procedures. Public Notice: The Public Information Meeting is tentatively scheduled for May 18, 2010 at the City Council Chambers. Property owners will be notified of the upcoming meetings in their ballot packet. 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. A Notice of Exemption was completed March 19, 2010 and is being filed with the County Recorder. The recorded copy has not been returned to the City. Proposed Assessment District No. 100 —for Undergrounding Utilities and Designation as an Underground Utilities District April 13, 2010 Page 6 Funding Availability: Funds will be provided by property owner contributions and /or bond proceeds if the assessment district is approved. Prepared by: r Civil Engineer Attachments: Submitted by: �n G. Badum Works Director 1. Resolution No. 2010 -32 Accepting Petition and Determining Sufficiency thereof for Proposed Assessment District No. 100. 2. Resolution No. 2010 -33 Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for, Proposed Assessment District No. 100. 3. Resolution No. 2010 -34 Declaring Intention to Order the Construction of Certain Improvements in Proposed Assessment District No. 100, Describing the District to be Assessed to Pay the Costs and Expenses thereof, Providing for the Issuance of Bonds, and Declaring Intention to Designate the Area an Underground Utilities District. 4. Resolution No. 2010 -35 Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 100 and an Underground Utilities District, Setting a Time and Place for a Public Hearing thereon, and Directing the Mailing of Notices of Hearing and Assessment Ballots to the Affected Property Owners. 5. AD -100 Location Map 6. Notice of Exemption 7, Preliminary Engineer's Report 8. Professional Service Agreement with Meyers Nave RESOLUTION NO. 2010 - 32 RESOLUTION ACCEPTING PETITION AND DETERMINING SUFFICIENCY THEREOF FOR PROPOSED ASSESSMENT DISTRICT NO. 100 (13TH STREET /BALBOA BOULEVARD /ADAMS STREET /OCEAN FRONT) WHEREAS, the owners of certain real property situated in the City of Newport Beach (the "City') have filed with the City Clerk several signed counterparts of a petition (the 'Petition "), requesting that this City Council undertake special assessment proceedings to provide financing for the undergrounding of certain existing, overhead utility facilities, together with appurtenant work and improvements, as described therein (the 'Proposed Project'), with the portion of the cost and expense of the Project which represents local, special benefit to be assessed against the benefited parcels of land in proportion to such special benefits; and WHEREAS, attached to the Petition is an exhibit map showing the proposed boundary for the area within which the parcels preliminarily proposed to be assessed (the "Subject Parcels ") are situated (the `Proposed Assessment District'); and WHEREAS, in accordance with Section 5896.7 of the Streets and Highways Code, the City Clerk has executed and submitted to this City Council a certificate to the effect that the Petition has been signed by persons owning lands constituting more than one -half of the area of the Subject Parcels, including more than five of the owners of the Subject Parcels; and WHEREAS, this City Council finds that the owners of more than one -half of the area of the land within the Proposed Assessment District which is proposed to be assessed, including more than five of the owners of the Subject Parcels as shown on the last equalized assessment roll of the County of Orange, have signed such petition and that the petition contains the matters required by Section 5896.5 of the Streets and Highways Code; NOW, THEREFORE, BE IT Determined, Resolved and Ordered as follows: SECTION 1. PETITION ACCEPTED. The Petition, as filed with the City Clerk, is hereby found to be legally sufficient and is accepted. SECTION 2. DETERMINATION TO UNDERTAKE PROCEEDINGS. The special assessment proceedings shall be undertaken pursuant to the Municipal Improvement Act of 1913, Section 4 of Article XIIID of the California Constitution and Section 53753 of the Government Code, and compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways Code; the "1931 Act') shall be achieved in accordance with Part 7.5 of the 1931 Act. SECTION 3. PUBLIC INTEREST AND CONVENIENCE SERVED. This City Council hereby finds and determines that the public interest and convenience will be served by the taking of such proceedings. SECTION 4. ACTION IS FINAL. This action is "final' within the meaning of Section 3012 of the Streets and Highways Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of April, 2010. ATTEST: City Clerk 1391215.2 2 Mayor RESOLUTION NO. 2010 - 33 RESOLUTION ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR, PROPOSED ASSESSMENT DISTRICT NO. 100 (13`h ST /BALBOA BLVD /ADAMS ST /OCEAN FRONT) WHEREAS, certain property owners owning more than sixty percent (60 %) of the area of all assessable lands within the proposed assessment district, including more than five such property owners, have submitted a signed petition to the City Clerk, requesting the formation of a special assessment district, to be designated as Assessment District No. 100 (13th St/Balboa Blvd /Adams St/Ocean Front) (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 (the "City ") and the "Municipal Improvement Act of 1913" (the "1913 Act'), being Division 12 of the California Streets and Highways Code (the "Code "), which incorporates by reference the provisions of Chapter 28 of Part 3 of the "Improvement Act of 1911," (the "1911 Act'), being Division 7 of the Code; and WHEREAS, the City Clerk has issued and has presented this City Council with a certificate of sufficiency pursuant to Section 5896.7 of the Code, certifying that the petitions have been signed by the requisite number of qualified signers as specified by Section 5896.5 of the Code; and WHEREAS, this City Council body has received a map (the "Boundary Map "), showing and describing the proposed boundary of 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. This City Council hereby finds and determines that the Boundary Map is in the form and contains the matters specified by Section 3110 of the Code, and the Boundary Map is hereby approved and adopted. The original and one copy of the Boundary Map are to be filed in the office of the City Clerk. SECTION 3. A certificate shall be endorsed on the original and at least one copy of the Boundary 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 Boundary Map shall be filed with the correct and proper endorsements thereon with the Orange County Recorder, all in the manner and form provided in Section 3111 of the Code. 'SECTION 4. Stephen G. Badum P.E., Director of Public Works for the City, 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 1913 Act. The place for recordation of the assessment roll and diagram shall be in the office of the 1 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 for the Assessment District proceedings. SECTION 6. The firm of Harris & Associates is hereby appointed the Assessment Engineer for the Assessment District proceedings. SECTION 7. This City Council hereby authorizes the establishment of a special improvement fund for the Assessment District (the "Improvement Fund ") and into the Improvement Fund shall be placed all cash collections and all proceeds from the sale of Assessment District bonds. 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 Improvement Fund. Any funds transferred into the Improvement Fund (other than cash collections and proceeds from the sale of Assessment District bonds) shall be deemed a loan to the Improvement Fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of April, 2010 by the following vote: ATTEST: City Clerk iRIaWil 2 Mayor RESOLUTION NO. 2010 - 34 RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 100 (13th ST /BALBOA BLVD /ADAMS ST /OCEAN FRONT), DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND DECLARING INTENTION TO DESIGNATE THE AREA AN UNDERGROUND UTILITIES DISTRICT WHEREAS, certain property owners owning more than sixty percent (60 %) of the area of all assessable lands within the proposed assessment district, including more than five such property owners, have submitted signed counterparts of a petition (the "Petition ") to the City Clerk, requested the formation of a special assessment district, to be designated as Assessment District No. 100 (13" St/Balboa Blvd /Adams St/Ocean Front) (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 (the "City ") and the "Municipal Improvement Act of 1913" (the "1913 Act'), being Division 12 of the Streets and Highways Code (the "Code "); and WHEREAS, the City Clerk has issued and has presented this City Council with a certificate of sufficiency pursuant to Section 5896.7 of the Code; and WHEREAS, this City Council intends to designate the area comprising the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City (the "Ordinance Code'); and WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, as requested by the Petition, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; and WHEREAS, this City Council has been presented and has adopted a map (the "Boundary Map ") showing and describing the boundary of the Assessment District; NOW THEREFORE, Be it Determined, Resolved, and Ordered as follows: SECTION 1. The public interest and convenience require, and it is the intention of this City Council to order, as requested by the Petition and pursuant to the 1913 Act, the conversion of the overhead electrical and communication facilities within the Assessment District to underground locations, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. SECTION 2. The conversion project to be implemented (the `Project') is generally described as follows: A. The Project generally consists of the conversion of existing overhead electrical and communication facilities to underground locations within the area shown on the Boundary Map, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within the Assessment District. B. All rights -of -way and easements required for the Project will be shown upon the plans (the `Project Plans") which will be filed in the office of the Superintendent of Streets and incorporated by reference in the Assessment Engineer's Report (described below). C. All of the improvement work to be performed will be performed in the locations and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the Project Plans, subject to such changes as made be authorized prior to or during the course of construction of the Project in accordance with the specifications and other contract documents. D. The Project Plans, as incorporated by reference in the Assessment Engineer's Report, will be controlling as to the correct and detailed description of the Project. SECTION 3. The proposed Assessment District and the Project are hereby referred to Harris & Associates, designated by prior resolution of this City Council as the Assessment Engineer for the Assessment District, and directs the Assessment Engineer to make and file with the City Clerk for presentation to this City Council a written report (the "Assessment Engineer's Report ") containing the matters prescribed by 10204 of the Code, as supplemented by Article XIIID of the California Constitution and Section 53753 of the Government Code. SECTION 4. Notice is hereby given that limited obligation improvement bonds to represent the unpaid assessments will be issued in accordance with the "Improvement Bond Act of 1915" (the "1915 Act'), being Division 10 of the Code, which bonds will be issued in one or more series, each with a term not to exceed the legal maximum term as authorized by law, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their date, and bearing interest at a rate or rates not to exceed the legal maximum. The provisions of Part 11.1 of the 1915 Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, will apply. The principal amount of the bonds maturing each year will 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. 2 Pursuant to Section 10603 of the Code, the City Treasurer is hereby designated as the officer to collect and receive the payments on account of assessments during the cash collection period. SECTION 5. In the event surplus funds remain in the Improvement Fund for the Assessment District following completion of the Project and payment of all claims from the Improvement Fund, this City Council shall determine the amount of such surplus, which will be used, in such amounts as this City Council may determine, in accordance with the provisions of Section 10427 of the Code for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer does not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5 %) of the total of the surplus in the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements that comprise the Project; or D. To call bonds. SECTION 6. By Resolution No. 2010 -33 adopted this same date, this City Council has established the Improvement Fund, which will be identified and designated by the name of the Assessment District, and into such fund monies may be transferred at any time to expedite the implementation of the Project, and any advancement of funds is a loan that will be repaid out of the proceeds of the sale of bonds as authorized by law. SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Iris Lee, P.E., T.E., Senior Civil Engineer City of Newport Beach Public Works Department Newport Beach, California 92658 (949) 644 -3323 SECTION 8. 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 the Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, will 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. SECTION 9. Pursuant to Section 8769 of the Code, this City Council hereby declares that 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. SECTION 10. This City Council hereby declares that it proposes to authorize the levy an annual assessment pursuant to subsection (f) of Section 10204 of the Code, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which 3 i I result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. SECTION 11. Pursuant to Section 10110 of the Code, it is the intention of this City Council with respect to those Project improvements to be owned, managed, or controlled by a regulated public utility, prior to ordering the construction of improvements, to enter into an agreement with each such regulated public utility with respect to those Project improvements to be owned, controlled or managed by the utility. SECTION 12. As a supplement to the Petition, this City Council hereby declares that it intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, being Division 4 of the Code, by proceeding under Part 7.5 of said Division 4. For that purpose, the Assessment Engineer is directed to include in the Assessment Engineer's Report the information prescribed by Section 2961 of the Code. SECTION 13. This City Council hereby declares that it intends to designate the area comprising the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Ordinance Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of April, 2010 by the following vote: ATTEST: City Clerk 1391985.2 El Mayor RESOLUTION NO. 2010 - 35 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 100 (13th ST/ BALBOA BLVD /ADAMS ST /OCEAN FRONT) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND DIRECTING THE MAILING OF NOTICES OF HEARING AND ASSESSMENT BALLOTS TO THE AFFECTED PROPERTY OWNERS WHEREAS, this City Council has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 100 (13th St/Balboa Blvd /Adams St/Ocean Front) (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 (the "Project "), pursuant to the terms and provisions of the "Municipal Improvement Act of 1913" (the "1913 Act "), being Division 12 of the Streets and Highways Code (the "Code'); and WHEREAS, a resolution adopting the boundary map for the Assessment District (the "Boundary Map ") and the resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and implementation of the Project have been adopted by this City Council on this same date; and WHEREAS, as further indicated in the Resolution of Intention, this City Council intends to designate the area of the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach ( "Chapter 15.32 "); WHEREAS, this City Council has heretofore employed Harris & Associates to provide services to the City of Newport Beach (the "City ") as assessment engineer for the Assessment District (the "Assessment Engineer') and directed the preparation and submission to the City Clerk of a written report (the "Assessment Engineer's Report") containing the matters required by Section 10204 of the 1913 Act, as supplemented by Article XIIID of the California Constitution and Section 53753 of the Government Code ( "Section 53753 ") (the 1913 Act, Article XIIID, and Section 53753 are referred to herein collectively as the "Assessment Law"), together with the information specified by Section 2961 of the Code and by Chapter 15.32; and WHEREAS, the Assessment Engineer's Report has been prepared and submitted to the City Clerk, and the City Clerk has submitted the report to this City Council for consideration in furtherance of the proceedings to establish the Assessment District; and WHEREAS, this City Council wishes to preliminarily approve the Assessment Engineer's Report, without modification, and to schedule the public hearing respecting the report; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. 1 SECTION 2. Pursuant to Section 10300 of the Code, the Assessment Engineer's Report is hereby preliminarily approved, without modification, for the purpose of conducting a public hearing as provided by the Assessment Law. Said report shall stand as the report for the purpose of subsequent proceedings under the Assessment Law, except that it may be confirmed, modified, or corrected as provided in the Assessment Law. SECTION 3. Pursuant to Section 10301 of the Code and Section 53753, this City Council hereby sets June 8, 2010, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, as the date, time and place for the public hearing with respect to the proposed Assessment District, the Project, the proposed establishment of the underground utilities district and any aspect of the Assessment Engineer's Report. Any interested person may appear and be heard with respect to said matters. SECTION 4. The City Clerk is hereby directed to mail or cause to be mailed a notice of hearing, together with an assessment ballot conforming to the provisions of Section 53753, to the property owners of the property proposed to be assessed, all in the time, form and manner provided by Section 53753, and upon completion of the mailing of the notice of hearing and the assessment ballots, the City Clerk is directed to file with this City Council an affidavit or certificate setting forth the manner of compliance with the requirements of Section 53753. SECTION 5. Upon receipt of a returned assessment ballot, whether by personal delivery or by return mail, the City Clerk shall place all such returned assessment ballots in safekeeping, with the contents of each such returned assessment ballot to be concealed until the public hearing has been completed and closed and the City Clerk is then directed to proceed with public opening and tally of such ballots for the purpose of determining and advising this City Council whether a majority protest has been established. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of April, 2010, by the following vote: ATTEST: City Clerk 1391983.1 2 Mayor Assessment District No.100 - Location Map (Area general bounded by 13`h Street, Balboa Boulevard, Adams Street, and Ocean Front) 1 UL, U11 T11 1-T -- L� 1�� 1 EYE T7 r.. ....�...�........_.. .._.. _.._..... �.{ IJ� 1� .._.._.._.._... w.— ww.._.._.._.. �. .(jj."''.— ^^^w��r_..$�4�.�... �_T.,�J��.� ..��°�1 I �•Y•j�•— � ��.... �'4 �.w�..1�w.e�� 1 LLL�i E ,U I I 'n'' CITY OF NEWPORT BEACH 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3311 NOTICE OF EXEMPTION To: F-1 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange X ❑ Public Services Division P.O. Box 238 Q,, A.,, rA oovm 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. 100 Project Location: Peninsula Point, Newport Beach, CA Specific: Area Generally Bounded by 13`h Street, Balboa Boulevard, Adams Street, and Ocean Front Project Location - City: Newport Beach Project Location - County: Orange Project Description: The project consists of an assessment district to underground existing overhead utilities. Exempt Status: (check one) ❑ Ministerial (Sec. 21080(b)(1);15268), ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); 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. Name of Public Agency Approving Project: City of Newport Beach Date of Approval: Name of Person or Agency Carrying Out Project: Newport Beach Public Works Department Contact Person: Iris Lee Title: Senior Civil Engineer Signature: Te1.No. (949) 644 -3323 Date: March 19, 2010 FIU$ OSIPSM5aredWSSESSMENTDISTRICTSWdIMINakm fEnwtxm tNExmplADIM,ac Preliminary Engineer's Report for Underground Utility Assessment District No. 100 (13th Street / Balboa Boulevard / Adams Street / Ocean Front) Prepared under the provisions of the Municipal Improvement Act of 1913 Forthe City of Newport Beach County of Orange, California April 13, 2010 of Newport Beach April 13, 2010 :rground Utility Assessment District No. 100 (13th Street / Balboa Boulevard I Adams Street I Ocean Front) minary Engineer's Report TABLE OF CONTENTS APPENDIX A. Assessment Calculations Q:Wewport BeachWD100ULeports1ad100 pre] ryt 26mar10.doc Harris & Associates 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 ......................................................... ............................... 14 Exhibit 1 — Method and Formula of Assessment Spread ... ............................... 15 PART IV Annual Administrative Assessment ................................. .............................22 PART V Diagram of Assessment District ........................................ .............................23 PART VI Description of Facilities ..................................................... .............................30 Right -of -Way Certificate ..................................................... .............................31 Certification of Completion of Environmental Proceedings ............................ 32 APPENDIX A. Assessment Calculations Q:Wewport BeachWD100ULeports1ad100 pre] ryt 26mar10.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street ( Balboa Blvd / Adams Street / Ocean Front) Preliminary Engineer's Report Page 1 AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 100 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 bounded by 13th Street / Balboa Boulevard / Adams Street / Ocean Front. The proposed underground utility improvements will provide conversion to an upgraded utility system and will enhance neighborhood aesthetics, safety and reliability. 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. 100 (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 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 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. Q: \Newport Beach\AD 100 \Reports\ad 100 pre] rpt 26=10.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street/ Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report Page 2 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 March 26, 2010. HARRIS & ASSOCIATES j AN E. C X, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:Wewpott BeaWAD IWReportsW 100 pre] rpt 26mar10.doc iii Harris & Associates of Newport Beach April 13, 2010 )rground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd I Adams Street I Ocean Front) minary Engineer's Report Page 3 Preliminary approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the day of , 2010. 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 , 2010. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:\Newport BeacMAD100\ Reports \ad 100 pre1 rpt 26mar10.doc Harris &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd / Adams Street / Ocean Front) 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. 100, 13th Street / Balboa Boulevard / Adams Street / Ocean Front, 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:Wewpoit Beach\AD I 00\Reporo\ad100 pre] rpt 26marI0.doc I Harris &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd / Adams Street/ Ocean Front) Preliminary Engineer's Report Page 5 Part II Cost Estimate Estimated Costs Preliminary Confirmed DESIGN & CONSTRUCTION COSTS* Electrical Costs (Southern California Edison) Electrical Construction Costs $2,032,695 Construction Contingency ( -10 %) $203,270 Edison Design Engineering $77,350 $2,313,315 Telephone Costs (AT &T) Telephone Construction Costs $592,256 Construction Contingency (-10%) $59,226 AT &T Design Engineering $50,425 $701,907 Street/ Alley Rehabilitation $1,000,000 Construction Contingency ( -7.5 %) $75,000 $1,075,000 Estimated Utility Contribution for Equivalent Overhead System - $423,932 Total Design & Construction Costs: $3,666,290 INCIDENTAL EXPENSES Assessment Engineering Contract Inspection City Administration Financial Advisor Bond Counsel Disclosure Counsel Paying Agent Credit Rating Fee Dissemination Agent Financial Printing, Registration and Servicing Incidental Contingencies Total Incidental $105,000 $75,000 $100,000 $15,000 $27,500 $22,500 $3,000 $7,000 $3,000 $5,000 $11,710 Expenses: $374,710 Total Construction and Incidental Expenses: $4,041,000 FINANCING COSTS Underwriter's Discount 1.00% $43,000 Bond Reserve / Credit Enhancement 6.00% $261,000 Funded Interest @ 0 months @ 5.75% $0 Total Financial Costs: $304,000 TOTAL AMOUNT TO ASSESSMENT: $4,345,000 Time Warner Cable is required to pay for undergrounding through the Franchise Agreement with the City. Q \Newport Beach\ADI00\teports1ad100 pre] rpt 26mar10.doc I Harris & Associates I City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd i Adams Street I Ocean Front) 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. 2010 -_, 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. 100 (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: 1. 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:1Newport BeachWDI00 \Reports\ad 100 pre[ rpt 26mzd Mee � Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) 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 in one or more series, each with a term 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. The bonds may be issued in more than one series, depending upon duration of the improvement work and related considerations. 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 Beach\ADI00Uteports \ad 100 prel rpt 261narI O.doc Harris & Associates As Preliminarily As Approved Confirmed Estimated Cost of Design and Construction: $3,666,290 Estimated Incidental Expenses: $374,710 Estimated Financial Costs: $304,000 Estimated Total to Assessment: $4,345,000 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 Beach\ADI00Uteports \ad 100 prel rpt 261narI O.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street! Balboa Blvd ! Adams Street / Ocean Front) Preliminary Engineer's Report Page 8 Table 1 Assessment Roll Asmt No. Assessor's Parcel Number Total True Value Existing Liens Assessments as Assessments Preliminarily as Confirmed Approved and Recorded Value to Lien Ratio 1 047 -240 -01 $4,790,415 $0 $231,631.33 21 2 939 -71 -011 $1,003,000 $0 $8,842.80 113 3 939 -71 -012 $496,054 $0 $8,842.80 56 4 047 - 241 -02 $75,535 $0 $17,685.61 4 5 047 - 241 -03 $2,512,500 $0 $17,685.61 142 6 047 -241 -04 $439,652 $0 $17,685.61 25 7 047 -241 -05 $631,673 $0 $17,685.61 36 8 939 -71 -021 $1,003,178 $0 $8,842.80 113 9 939 -71 -022 $653,894 $0 $8,842.80 74 10 11 047 -241 -07 047 -241 -08 $287,353 $97,553 $0 $0 $17,685.61 $17,685.61 16 6 12 047 -241 -09 $290,888 $0 $17,685.61 16 13 047 - 241 -10 $107,119 $0 $17,685.61 6 14 15 16 17 --939-71--018--- 18 047 - 241 -11 047 - 241 -12 939 -71 -017 047 - 241 -24 $107,052 $513,328 $608,006 $898,627 $158,559 $0 $0 $0 $0 $0 $17,685.61 $17,685.61 $8,842.80 $8,842.80 $20.448.98 6 29 69 102 8 20 047 - 241 -21 $152,091 $0 $20,448.98 7 21 047 - 241 -20 $1,516,362 $0 $20,448.98 74 22 047 - 241 -19 $127,740 $0 $20,448.98 6 23 047 241 18 $5,972,584 $0 $20,448.98 292 24 047 -24117 $2,620,101 $0 $20,448.98 128 25 047 - 241 -16 $118,388 $0 $20,448.98 6 26 047 - 241 -15 $178,906 $0 $20,448.98 9 27 047 - 241 -14 $245,386 $0 $411450.64 6 29 047 - 251 -02 $892,223 $0 $17,685.61 50 30 047 - 251 -03 $83,201 $0 $17,685.61 5 31 047 - 251 -04 $82,847 $0 $17,685.61 5 32 047 - 251 -05 $738,628 $0 $17,685.61 42 33 047 - 251 -06 $648,058 $0 $17,685.61 37 34 939 -71 -013 $605,714 $0 $8,842.80 68 35 939 -71 -014 $739,933 $0 $8,842.80 84 36 047 -251 -08 $2,922,566 $0 $34,818.55 84 37 047 -251 -09 $411,024 $0 $17,685.61 23 38 047 - 251 -10 $468,050 $0 $17,685.61 26 Q:Wewport Beach\ADI00\2eports \ad100 prel rpt 261nar10.doe Harris &Associates 41 047 - 251 -23 $311,560 $0 $20,448.98 15 42 047 - 251 -22 $116,273 $0 $20,448.98 6 43 047251 -21 $1,026,148 $0 $20,448.98 50 44 047- 251 -20 $6,150,000 $0 $20,448.98 301 -- 45. 047- 251 -19 - $1,648,739 $0 $20,448.98 -- -- 81 Q:Wewport Beach\ADI00\2eports \ad100 prel rpt 261nar10.doe Harris &Associates City of Newport Beach 047 - 251 -16 047 - 251 -15 April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street 1 Ocean Front) 12 117 Preliminary Engineer's Report 047 - 251 -14 Page 9 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 48 49 047 - 251 -16 047 - 251 -15 $242,009 $2,387,065 $0 $0 $20,448.98 $20,448.98 12 117 50 047 - 251 -14 $1,515,621 $0 $20,448.98 74 51 047 - 251 -13 $5,095,138 $0 $20,448.98 249 52 047 -252 -01 $757,201 $0 $2,945.76 257 53 047 -252 -02 $46,264 $0 $8,290.13 6 56 047 -252 -05 $590,437 $0 $17,685.61 33 57 047 - 252 -06 $510,110 $0 $17,685.61 29 58 047 -252 -07 $286.956 $0 $17,685.61 16 60 047 - 252 -09 $982,631 $0 $17,685.61 56 61 047-252-10 $1,172,000 $0 $17,685.61 66 62 047 - 252 -11 $560,960 $0 $17,685.61 32 63 047 - 252 -12 $90,663 $0 $1705.61 5 64 047 - 252 -13 $441,577 $0 $3,498.43 126 65 047 - 252 -14 $1,850,000 $0 $7,184.78 257 66 047 - 252 -24 $1,998,745 $0 $22,659.69 88 67 047-252-23 $901,011 $0 $22,659.69 40 68 047 - 252 -22 $951,063 $0 $22,659.69 42 69 047 - 252 -21 $4,581,934 $0 $22,659.69 202 70 047 - 252 -20 $1,326,962 $0 $22,659.69 59 71 047 - 252 -19 $6,300,000 $0 $22,659.69 278 74 75 047-252-16 047 - 252 -15 $2,065,635 $1,660,743 $0 $0 $22,659.69 $22,659.69 91 73 76 047 - 281 -01 $125,455 $0 $17,685.61 7 77 047 - 281 -02 $100,162 $0 $26,528.40 4 78 047 -281 -03 $299,694 $0 $26,528.40 11 79 047 -281 -04 $642,907 $0 $17,685.61 36 80 047 -281 -05 $1,750,993 $0 $17,685.61 99 81 047 -281 -06 $253,404 $0 $17,685.61 14 82 047 - 281 -24 $1,654,422 $0 $17,685.61 94 83 047 - 281 -25 $498,915 $0 $17,685.61 28 84 047 - 281 -08 $186,908 $0 $17,685.61 11 86 047 - 281 -10 $680,311 $0 $17,685.61 38 87 047 - 281 -11 $413,856 $0 $17,685.61 23 88 047281 -12 $883,140 $0 $17,685.61 50 89 047-281-23 $1,945,373 $0 $22,659.69 86 90 047- 281 -22 $5,500,000 $0 $22,659.69 243 91 047 - 281 -21 $6,139,500 $0 $22,659.69 271 92 047- 281 -20 $1,535,961 $0 $22,659.69 68 Q:\Newporl Beach�ADI Weporls \ad 100 pre[ rpl 26marl0.doc Harris & Associates City of Newport Beach 047 - 282 -05 $83,275 $0 April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd i Adams Street/ Ocean Front) 047 -282 -06 Preliminary Engineer's Report $16,580.26 26 107 Page 10 F Assessor's Total 5 Assessments as Assessments Value p Asmt Parcel True Existing Preliminarily as Confirmed to Lien j No. Number Value Liens Approved and Recorded Ratio 93 047 - 281 -19 $986,085 $0 $22,659.69 44 94 047 - 281 -18 $2,186,611 $0 $22,659.69 96 95 047 - 281 -17 $304,973 $0 $21,554.33 14 96 047 - 281 -16 $4,723,500 $0 $21,001.66 225 97 047 - 281 -15 $355,605 $0 $20,448.98 17 me 1 102 047 -282 -03 $122,117 $0 $18,790.96 6 103 936 -08 -007 $343.819 $0 $8.842.80 39 105 047 - 282 -05 $83,275 $0 $17,132.93 5 106 047 -282 -06 $437,174 $0 $16,580.26 26 107 047 -282 -07 $84,051 $0 $16,027.59 5 108 047 -282 -08 $82,429 $0 $14,922.23 6 109 047 -282 -09 $77,789 $0 $14,369.55 5 110 047-282-10 $1,217,000 $0 $14,369.55 85 111 047 - 282 -11 $95,233 $0 $13,264.21 7 7- 282 -23 $487.252 $0 $17.685.61 28 116 047 - 282 -27 $902,601 $0 $11,606.18 78 117 047 - 282 -21 $728,334 $0 $11,606.18 63 118 047 - 282 -20 $3,366,000 $0 $11,606.15 290 119 047 - 282 -19 $104,098 $0 $11,606.18 9 120 047 - 282 -18 $315,878 $0 $11,606.18 27 121 047- 282 -17 $120,859 $0 $11,606.18 10 122 047 - 282 -12 $1,664,640 $0 $5,897.05 282 123 047 - 282 -13 $279,760 $0 $11,606.18 24 124 047 - 282 -14 $126,125 $0 $11,606.18 11 125 047- 282 -16 $121,269 $0 $11,606.18 10 126 047 - 282 -15 $3,375,000 $0 $11,606.18 291 128 048 - 023 -02 $287,060 $0 $15,474.91 19 129 048 - 023 -03 $1,216,696 $0 $13,264.21 92 130 048 - 023 -04 $109,591 $0 $13,264.21 8 131 048- 023 -23 $444,607 $0 $12,158.85 37 132 048 - 023 -22 $72,439 $0 $12,158.85 6 133 048 - 023 -21 $814,500 $0 $12,158.85 67 134 048-023 -20 $67,730 $0 $11,606.18 6 135 048 -023 -19 $78,662 $0 $11,606.18 7 136 048 -023 -18 $1,665,000 $0 $11,606.18 143 137 045 -023 -17 $588,149 $0 $11,606.18 51 138 048 - 023 -16 $723.976 $0 _ $11.606.18 62 Q \Nmporl Beach\ADI00\Reports \ad 100 prel rpt 261narIO.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street / Ocean Front) Preliminary Engineer's Report Page 11 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 141 142 048 - 023 -07 048 - 023 -08 $815,586 $241,299 $0 $0 $11,606.18 $17,685.61 70 14 143 048 - 023 -09 $2,760,201 $0 $17,685.61 156 144 048 - 023 -10 $560,571 $0 $23,212.36 24 145 146 048 -023 -15 048- 023 -14 $1,286,000 $51,164 $0 $0 $3,868.73 $11,606.18 332 7 147 048 - 023 -13 $179.445 $0 $9.948.15 18 149 048 -023 -12 $767,414 $0 $14,922.23 51 150 048 -024 -01 $357,390 $0 $11,606.18 31 151 048 -024 -02 $287,395 $0 $11.606.18 25 153 048-024-20 $66,673 $0 $11,606.18 6 154 048 - 024 -19 $494,871 $0 $11,606.18 43 155 048 - 024 -25 $471,197 $0 $11,606.18 41 156 048 - 024 -24 $353,549 $0 $11,606.18 30 157 048 -024 -17 $310,165 $0 $11,606.18 27 158 048 -024 -16 $392,578 $0 $11,606.18 34 159 048 -024 -27 $414,970 $0 $11,606.18 36 160 048 - 024 -26 $1,682,000 $0 $11,606.18 145 161 048 -024 -04 $226,104 $0 $23,212.36 10 162 048 -024 -05 $150,747 $0 $11,606.18 13 163 048 -024 -06 $190,502 $0 0,606.15 16 164 048 -024 -07 $243,427 $0 $11,606.18 - 21 165 048 -024 -08 $2,652,000 $0 $11,606.18 228 166 048 -024 -23 $1,498,409 $0 $11,606.18 129 167 048 - 024 -22 $1,727,622 $0 $11,606.18 149 168 048 - 024 -14 $609,976 $0 $3,868.73 158 169 048 -024 -13 $176,905 $0 $11,606.18 15 170 048 -024 -12 $73,707 $0 $9,948.15 7 _ 171 048- 024 -10 $123,165 $0 $11,606.18 172 048- 024 -11 $384,364 $0 - - -- $13,264.21 - - - -- _11 -_ -_ -- -29 - 173 048 -073 -01 $1,253,000 $0 $3,868.73 324 174 048 -073 -02 $252,444 $0 $11,606.18 24 175 048 -073 -29 $3,486,549 $0 $17,685.61 197 ..._ _- .- ....- 176 _ .. ... .. ... .... .. . . .. . 045 -073 -30 $3,312,241 $0 $17,685.61 187 177 048 -073 -26 $684,453 $0 $11,606.18 59 178 048 -073 -25 $1,795,000 $0 $11,606.18 155 179 048 - 073 -24 $791,308 $0 $11,606.18 6S 180 048 - 073 -23 $722,891 $0 $1106.18 62 181 048 - 073 -18 $606,121 _ - $0 - -- $11,606.18 -__ -- - - -_ -_- 52 -- 182 048 - 073 -17 $895,147 $0 $11,606.18 77 183 048 - 073 46 $916,631 $0 $11,606.18 79 184 048 - 073 -15 $298,381 $0__- ____ -. $13,816.88 ----- -_ -_ -- 22 Q: Newport BeachVAD100 ReporoAad100 pre] rpt 26mari 0.doc I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street / Ocean Front) Preliminary Engineer's Report Page 12 206 Assessor's Total $1,875,060 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 185 048 -073 -14 $65,683 $0 $14,369.55 5 186 048 -073 -13 $407,550 $0 $14,369.55 28 187 048- 073 -05 $2,632,793 $0 $11,606.18 227 188 048 -073 -28 $4,309,500 $0 $11,606.18 371 189 048- 073 -27 $1,826,103 $0 $11,606.18 157 190 048 -073 -07 $406,610 $0 $17,685.61 23 191 048 -073 -08 $1,739,083 $0 $15,474.91 112 192 048 -073 -09 $970,096 $0 $13,816.88 70 193 048 -073 -10 $2,428,020 $0 $11,606.18 209 194 048 -073 -11 $1,346,720 $0 $13,816.88 97 195 048 -07312 $895,179 $0 $13,816.88 65 196 048 -074 -01 $66,669 $0 $11,606.18 6 197 048 -074 -02 $1,513,500 $0 $11606.18 130 198 048 -074 -03 $63,006 $0 $11,606.18 5 199 048 - 074 -04 $3,264,000 $0 $11,606.18 281___ 200 048 - 074 -05 $117,753 $0 _ $11,606.18 10 201 048-074-23 $80,346 $0 $11,606.18 7 202 048 -074 -22 $106,417 $0 $11,606.18 9 _ 203 048- 074 -21 $697,307 $0 $11,606.18 60 204 048 -074 -20 $201,832 $0 $11,606.18 17 205 048 -074 -19 $50,832 $0 $11,60618 4 206 048 -074 -18 $1,875,060 $0 $11,606.18 162 207 048 -074 -17 $482,184 $0 $11,606.18 42 208 048 -074 -16 $66,943 $0 $11,606.18 6 209 048 - 074 -15 $930,252 $0 $11,606.18 80 210 048 - 074 -14 $83,277 $0 $23,212.36 4 211 048 -074 -06 $423,462 $0 $11,606.18 36 212 048- 074 -24 $2,154,064 $0 $11,606.18 186 213 048-074-26 $0 _- - $11,606.18 - -- _ - - -- -- 14 214 048 -074 -27 $3,036,221 $0 $11,606.18 262 215 048 -074 -09 $160,094 $0 $11,606.18 14 216 048 -074 -10 $1,193,499 $0 $11,606_.18 103 217 048 -074 -11 $195,676 _ $0 $1-1,606.18 218 048 -074 -28 $1,215,286 $0 $11,606.18 105 219 048 - 074 -29 $3,500,000 $0 $11,606.18 302 220 048-074-13 - - $2,628,338 $0 $17,1_32.93 153 221 048 - 081 -21 $629,043 $0 — — $23,765.03 — — - _ 26 222 048- 081 -22 $1,823,000 $0 $12,711.53 143 223 048 - 081 -26 $1,590,000 $0 $13,264.21 120 224 048 - 081 -27 $2,236,000 $0 $13,264.21 169 225 048 - 081 -04 $613,894 $0 $13,264.21 46 226 048 -081 -16 $87,356 $0 $13,264.21 7 227 048 -081 -19 $84,754 $0 $13,264.21 6 228 _ 048 -081 -18 $86,861 $0 $13,264.21 7 229 048 -081 -06 $139,839 $0 $13,264.21 11 230 048- 081 -15 $138.789 $0 $13.264.21 10 Q:\Newport Beach\ADI00 \fteports \ad 100 pre[ rpt 26=r10.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report Page 13 Asmt No. Assessor's Parcel Number True Value Existing Liens Assessments as Assessments Preliminarily as Confirmed Approved and Recorded Value to Lien Ratio 231 048 -081 -14 $2,252,500 $0 $13,264.21 170 232 932 -94 -106 $1,273,449 $0 $6,632.11 192 233 932 -94 -107 $1,697,932 $0 $6,632.11 256 234 048 -081 -12 $291,827 $0 $13,264.21 22 _ 235 236 048 081 -11 48-081-10 $117,051 $689,123 $0 $0 $13,264.21 _ $13,264.21 9 52 237 048 - 081 -09 $2,609,849 $0 $13,264.21 197 238 048 -081 -24 $1,420,835 $0 $13,264.21 107 239 240 241 048 -081 -23 048- 081 -07 048 -082 -01 $1,785,181 $2,087,845 $535,758 $0 $0 $0 $13,264.21 $13,264.21 $13,264.21 135 157 40 246 048 -082 -11 _ 247 048-082-10 250 048 - 082 -07 $712 5 $0 $13,264.21 8 1 $0 $13.264.21 274 54 8 252 048- 082 -17 $2,638,527 $0 $13,264.21 199 253 048- 082 -16 $4,5901000 $0 $13,264.21 346 254 048- 082 -04 $2,309,412 $0 $13,264.21 174 255 048 - 121 -01 $2,279,074 $0 $34,818.55 65 256 048 -121 -02 $285,108 $0 $16,027.59 18 264 048- 121 -19 $1,161,505 $0 $17,132.93 259 048- 121 -05 $224,201 $0 $16,027.59 14 260 048 - 121 -06 $224,201 $0 $16,027.59 14 261 048- 121 -07 $999,600 $0 $16,027.59 62 262 048 - 121 -20 $488,953 $6,834 $5,449.38 40 263 048 - 121 -21 $417,660 $5,522 $3,205.52 48 264 048- 121 -19 $1,161,505 $0 $17,132.93 68 265 048 - 121 -18 $1,090,093 $0 $16,027.59 68 266 048121 -17 $185,582 $0 $16,027.59 12 267 048- 121 -15 $1,136,718 $0 $16,027.59 71 268 932 -16 -029 $709,526 $0 $7,737.45 92 269 932 -16 -030 $645,023 $0 $7737.45 83 270 048- 121 -13 $1,883,860 $0 $16,027.59 118 271 048 - 121 -12 $246,655 $0 $16,027.59 15 272 048- 121 -11 $2,868,445 $0 $16,027.59 179 273 048 - 121 -10 $146,245 $0 $16,027.59 9 274 048 - 121 -09 $1,746,590 $8,283 $3,205.52 152 $288,451,781 $20,639 $4,345,000.00 66 Q\NewportBeach\AD100\2epor[s \ad 100 pre[ rp[ 26=10.doc M Harris &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report Page 14 Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $4,345,000 B. UNPAID SPECIAL ASSESSMENTS $20,639 TOTAL A & B $4,365,639 C. TRUE VALUE OF PARCELS $288,451,781 ** AVERAGE VALUETO LIEN RATIO 66 :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 March 26, 2010. HARRIS & ASSOCIATES R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA QANewport Beach\ADI00 \Reports \ad100 prel rpt 26marIO.doc I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd I Adams Street / Ocean Front) Preliminary Engineer's Report Page 15 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 bearing 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 returned 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 BENEFITS In further making the analysis, it is necessary that the properties receive a special benefit distinguished from general benefits conferred on real property located in the District or to the public at large. The purpose of this Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities as well as rehabilitate the affected portions of streets and alleys within the District. These facilities are the direct source of service to the properties within the Assessment District. QANcw port Beach\AD100\Repor[s\ad100 prel rpt 261nar10.doc Harris St Associates I City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd I Adams Street / Ocean Front) Preliminary Engineer's Report Page 16 The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing utility poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to, or in near proximity of, the facilities as follows: • Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. For the purposes of this report, a street is defined as either a street or alley. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are adjacent to, or in proximity of, overhead facilities receive an aesthetic benefit. • 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. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in compact communities like Balboa Peninsula, the negative effects of falling lines and poles are more widespread including blocked roadways and alleys, and property damage due to impact. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. • 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. When compared to overhead systems, fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a connection 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. GENERAL BENEFITS Section 4 of Article XIIID requires that the general benefits imparted by the utility undergrounding project be separated from the special benefits and that only the special benefit portion of the costs of the project be assessed against those parcels which are identified as receiving special benefits. Separating the general from the special benefits requires an examination of the facts and circumstances of the project and the property being assessed. In this particular assessment district, the streets and alleys along which the existing overhead utility facilities are being undergrounded function as local and collector streets. No other roadways are designated as an arterial, a major arterial or a scenic corridor in the Transportation Element of the City's General Plan. Furthermore, the City has an established network of arterial streets which appear to function as intended to provide for the movement of traffic around and through the community at large without the need to utilize local collector streets for such purposes. Under these circumstances, any use of the streets within the assessment district as "through" streets is incidental. With the exception of Newport Elementary School at the westerly end of the project and the telephone equipment building at the easterly end, the properties situated within the assessment Q \Newport Beach\AD100\Reperts \ad 100 pre] rpt 26mar] 0.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street/ Ocean Front) Preliminary Engineer's Report Page 17 district are used almost exclusively as residential. Under this circumstance, the impacts, both visual and safety, are largely isolated to those properties (and the persons who inhabit them) which front on these local streets and alleys, with only incidental impacts on those who visit homes within the assessment district or who pass through the assessment district on trips originating outside the boundary and having a destination outside the boundary. Based on these facts and circumstances, any general benefits to the property within the Assessment District in general, to the surrounding community and to the public at large from the project of undergrounding these local overhead utility facilities on the local streets and alleys, such as to the general public visiting in cars, on bikes or on foot, are incidental and do not exceed five percent (5 %) of the estimated project costs. This general benefit portion of the cost is more than offset by the 11.56 percent utility company contribution. Therefore, $3,885,711 of the $4,090,222 total project design and construction costs represents the local and special benefits to the parcels within the Assessment District. Because only the net amount of $3,666,290 is apportioned to the parcels within the District, no parcel is assessed more than its proportional share of the special benefits from the improvements. 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. The more a property is developed, the more it benefits from the proposed improvements. Most of properties within this Assessment District are zoned residential and some have one or two dwelling units on them. 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. Consideration was given to reducing the amount of area assigned to parcels based upon the building setbacks applicable to each parcel. Due to the combined factors of (a) significant variations in the setback requirements, including front, side and rear setbacks, (b) availability of future variances from currently applicable setback requirements as well as existing variances already in place, and (c) significant variations in the ratios between building size and lot size, it was concluded that adjustments to parcel areas on account of setback requirements would not improve upon the assessment methodology. Accordingly, no reductions have been made to parcel area based upon applicable setback requirements or the existence of easements within those setbacks. Qi\Newport Beach\ADI00 \Reports\ad 100 prel rpt 26marI Moe - � Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd 1 Adams Street / Ocean Front) Preliminary Engineer's Report Page 18 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 The following are parcels whose benefits do not fit the above methodology, as explained below. Assessment No. 1, Newport Elementary School. This property is deemed to receive no Aesthetic Benefit from the undergrounding project, as improved aesthetics does not impact the desirability of a school property. This property is considered to receive full Improved Safety Benefits from the undergrounding project. This property receives only cable services from the undergrounding project (1 of the 3 services available to the other properties); the other two services are provided from facilities on 14th Street, from the utility system that was undergrounded by AD 99 -2. Therefore, this property is deemed to receive only 1/3 the Connection Benefit. Therefore, this property receives 0 + 1 + 1/3 = 1.33 of 3 of the benefits from the undergrounding project. Therefore, this property receives 4/9 the benefit of other properties. Its rounded parcel area has been multiplied by 4/9 to calculate the Assessed Parcel Area to fairly apportion the costs. 2. Assessment Nos. 52, 64, 100, 122, 127, 145, 168 and 173. These parcels are connected to the utilities that are proposed to be underground; however, the poles, wires and guy wires to be undergrounded are not in close proximity to these properties and do not provide significant aesthetic benefits to them, nor would they encroach upon these properties should they fall. These parcels do not receive the same level of benefits as other parcels in the District; they receive a Connection Benefit, but no improved Aesthetic or Safety Benefits. Therefore, these properties receive 0 + 0 + 1 = 1 of 3 of the benefits from the undergrounding project. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. Assessment No. 242, the Telephone Equipment Building. This property houses telephone equipment. Because of its use, this property is not intended for habitation or commerce and has no parking facilities on the property. Therefore, this property is not considered to receive any aesthetic benefits associated from this undergrounding project. However, it is considered to receive full safety benefits. Also, although this parcel has all utilities available to it, it is not considered to benefit from the telephone service (as this property provides the telephone service to the surrounding area) or the cable service (because of its use). Therefore, this property receives 1/3 the Connection Benefit. Therefore, this property receives 0 + 1 + 1/3 = 1.33 of 3 of the benefits from the undergrounding project. Its rounded parcel area has been multiplied by 4/9 to calculate the Assessed Parcel Area to fairly apportion the costs. Q:Wewport Beach\AD 10MReports\ad100 prel rpt 261narI0.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd I Adams Street 1 Ocean Front) Preliminary Engineer's Report Page 19 Assessment Nos. 263 and 274. In 2004, these properties were included in Assessment District No. 75. These properties were previously assessed for their special benefits related to that utility undergrounding project; however, their assessments were discounted by 20% because of the addition of the guy pole at the comer of Adams Street and the alley. Therefore, these properties are assigned a factor of 0.2 (20 %) for their special benefits from this current undergrounding project. Their rounded parcel areas have been multiplied by 0.2 to calculate the Assessed Parcel Area to fairly apportion the costs. Any additional special benefits that may be perceived to apply to these parcels are offset by the utility company contribution not allocated to the general benefits associated with this utility undergrounding project. 5. Assessment No. 262. In 2004, this property was included in Assessment District No. 75. This property was previously assessed for its special benefits related to that utility undergrounding project; however, its assessment was discounted by 34% because of the addition of a new riser pole at its westerly corner in the alley. Therefore, this property is assigned a factor of 0.34 (34 %) for its special benefits from this current undergrounding project. Its rounded parcel area has been multiplied by 0.34 to calculate the Assessed Parcel Area to fairly apportion the costs. Any additional special benefits that may be perceived to apply to this parcel are offset by the utility company contribution not allocated to the general benefits associated with this utility undergrounding project. 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 Appendix A. For particulars to the Assessment Roll, reference is made to Table I in Part III of this report. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. DATED: March 26, 2010 HARRIS & ASSOCIATES Q: \Newport Beach\ADI00\Repons\ad100 pre[ rpt 26mar10.doc I Harris &Associates -- FtOFESSIp P Nq 10--AN E. �O� �cyc E COX, P.E. SOPN R.C.E. No. 41965 ��r 2 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH r N0. 41965 it^ EXP. 3/31/12 � t COUNTY OF ORANGE, STATE OF CALIFORNIA Q: \Newport Beach\ADI00\Repons\ad100 pre[ rpt 26mar10.doc I Harris &Associates i i City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd / Adams Street I Ocean Front) 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 , 2010. 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 , 2010. 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 '2010. 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 , 2010. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q: \Newport Beacb\AD 100\Reports\ad 100 prel tpt 26marI O.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd 1 Adams Street/ Ocean Front) Preliminary Engineer's Report Page 21 Part IV Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code and shall not exceed fifty dollars ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. Q \Newport BeaWAD100U2eports\ad100 pre] rpt 261narIO.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary 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:\Newport Beach\AD 100 \Reports\ad 100 pre] rpt 261narI O.doe Harris & Associates City of Newport ma April 13, Underground Utility Assessment Dis w moms m _e _,_as m _r _i __, Engineer's Report Page 23 J, / u - / \j \@ : j \V . . \� ! >,wa ~� § / | | | — | V) zE� < \ \� 0 » \( �| \am § ] ` | ` \ j ) :/ t | ) !: FM I � ° i ] | FIEP NIIHOV N / ; %] _,_h\AD,_eport aaw» 26rnarMdoc ��Harris &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report Page 24 ei -R Ca �rF s EY G O lL C U Q W Y Q N 0 N O ��N o 0 gZ n a Q E z 0U� 00 �N�UU _U Q Z� O 00 H �Z�oa Nam 3N w� w N w 00 4 N 0 Q eta } Q 0 U N (n L_ r C C C l� a 0 s _o v N Q a � c a u ¢ ¢I oO W I J � �33a1S `� � 1371 -IS 33S 3NIlHO1VW Mn arc = °a ON I f a / O� I 4: I CIN, I u I I N 0 I I I� 0 14 12 I I� I I/ QANewport Beach41DI00ULeports %ad100 pre] tpt 261narl0.doc Harris & Associates /I /I I / dFd C I I I d� / N I / J13�`Y1S OI QI I QJ I 0 S/ J met n Lll l / I I �33a1S `� � 1371 -IS 33S 3NIlHO1VW Mn arc = °a ON I f a / O� I 4: I CIN, I u I I N 0 I I I� 0 14 12 I I� I I/ QANewport Beach41DI00ULeports %ad100 pre] tpt 261narl0.doc Harris & Associates of Newport ma April 13, 2010 4_a Utility Assessment District No. mo » Street ___,_rStreet I Ocean _n +» Engineer's Report Page 25 ZWoz \W ) 0 } \\\\ j(± d \ \\(§ Cn \\/ \\ \\\}}\ \M :! / eee� ^ ~. 17 11411-IS »rte m / / / / C- C-1 � `` \/ / G % / ° § 9o: / + ate, (M / : `/ � ® \ / « < � s ` � ` C / \ � / ° c , \yam / A / ) / / / Q:Newport awwm 261narlO.doe ��Harris &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd / Adams Street I Ocean Front) Preliminary Engineer's Report Page 26 0 0 N U o 0, K of U O O 6 W O Q Z E ) FQ zz JK UU� ao Q�Q is �Na QU �oomo �Z-oa V, Lj N z 0 Q V) Qm \ U N a 0 °o M a 0 m `o m a V e = N -A d U C• _ q 0 0 N U o 0, K of U O O 6 W O Q Z E ) FQ zz JK UU� ao Q�Q is �Na QU �oomo �Z-oa V, Lj N z 0 Q V) Qm \ U N a 0 °o M a 0 m `o m a / / / I / I G J� °o o� oe _ m J S iJ3HS J3S 3NIPHOiVW I 0 I f m I mm Io� Oa N r I I I �mo N I [7 V I ro� 1�3H1S o �2 I / cJ / cm / cm m N I N I H10[ H1B z�- G� U m O 0� I I / I / I / I QANewporl BeachWD100U2eports\ad100 pre[ rpt 26mar10.doc Harris & Associates q - x aCtl uu I w oo;o s• s w iJ � / / / I / I G J� °o o� oe _ m J S iJ3HS J3S 3NIPHOiVW I 0 I f m I mm Io� Oa N r I I I �mo N I [7 V I ro� 1�3H1S o �2 I / cJ / cm / cm m N I N I H10[ H1B z�- G� U m O 0� I I / I / I / I QANewporl BeachWD100U2eports\ad100 pre[ rpt 26mar10.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report Page 27 c I I o� c ZVI I I I: m ' 133a m ' OmI I r n , O ` I I I I �1 Nf �J N I / I I Ihry 1 OIryVI i33H1s C O w N U O \ a 0 O o �N O �Z N z< 00 a of Q U �oomo Z�> w �_ 5 a < MnM M_ v� W °o w 1�n o QmU N M m O O O h N N N Q 1S 133y1S _mil I I I n � I Of �` r' I L I C� -I I oq, ' I 0 Hl[ I 12 W Q C ,3 J I I P I I I Q:1Newport Beach\ADt00\Repons \ad100 pre] rpt 26mart0.doc Harris & Associates ci w I J � I 9 1.33HS 33S HNI1H3iVW C O w N U O \ a 0 O o �N O �Z N z< 00 a of Q U �oomo Z�> w �_ 5 a < MnM M_ v� W °o w 1�n o QmU N M m O O O h N N N Q 1S 133y1S _mil I I I n � I Of �` r' I L I C� -I I oq, ' I 0 Hl[ I 12 W Q C ,3 J I I P I I I Q:1Newport Beach\ADt00\Repons \ad100 pre] rpt 26mart0.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street/ Balboa Blvd I Adams Street/ Ocean Front) Preliminary Engineer's Report Page 28 s R J j 133HS 33S 3NP H31VV1 U U O a d O N 0 0 n o 0 gZ rn Z¢ K~ o �¢ U, U 00 Q�Q is �Na Qu M �_ a< V) m°� WN < W p 0 V)-a 0 QmU N N o) O O O' LLI a 0 s N O N y v Q I • ¢1 I O I mlO� m • e1 • / 0I • I , I I �Q j • m/ _ a s�1 a Nn n rn l f m � lr N Hm 88, I II � 133b1S_ Hl9 l! v -I bM � N • 41 bNio�W l „o O� Om / �N N I OI O�ry /O o a � • 'N Q N N • N I w R,��I o oNb7Sl O', • • • Ip 2 r W U / O 3 I 1 I I I ; Q: \Newport Beach\ ADI00\ Reports\adl00prelrpt26marl0.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report Page 29 R V N w i J , e °¢o,.i„ ♦ / CN SW bOb ♦ N �n n O O O / 0 � ty I / � V 0. Z O a ce,O / O r V1 O r ♦ N C� Q� E zp oo o� ♦ ��2)b .. it Q BOO /; WUO �♦ OO < V Z J /N/�'/ N ON, Oo OF ♦ 0W tn�m W to m ON z NN m O O O } Q U m m h \ •2 C Uc a� � N �N /Il% � /♦ I + v s 0Obp0b00 / n � ♦ CN N m Pm O Q] I 1 I O I O � I a a ^ 4'AA Q: \Newport Beach1AD100 \Reports \ad]OO prel rpt 2fimarl0.doc Harris &Associates I City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd / Adams Street / Ocean Front) Preliminary 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. 100. 1. Acquisition of any required easements or rights -of -way. 2. Removal of existing utility poles. 3. Removal of overhead resident service drops. 4. Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes and pullboxes, and installation of cabling, wiring and other facilities. 5. Construction of service conduit and appurtenances. The improvements have been designed by the Southern California Edison Company, AT &T and Time Warner Cable. The utility companies will be responsible for inspecting the work for their facilities and 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 36 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 120 days of the completion of the underground facilities. Failure to convert individual service connections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 of the Municipal Code. Overhead facilities cannot be removed until all overhead service has been discontinued. Q:\Newport Beach\AD100TeportsW 100 prel rpt 261narI O.doc Harris & Associates of Newport Beach April 13, 2010 )rground Utility Assessment District No. 100 (13th Street / Balboa Blvd / Adams Street / Ocean Front) minary Engineer's Report Page 31 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. 100 (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: All easements or right -of -way necessary for the construction and installation of the public improvements of the Assessment District either have been obtained or are in process of being obtained and will be obtained and in the possession of the affected utility company, the City, the County of Orange or the State of California prior to commencement of the construction and installation of such public improvements. EXECUTED this day of California. Q: \Newport BcacWADI 00\Reports \ad 100 prel rpt 26=10.doc 2010, at CITY OF NEWPORT BEACH, SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California Stephen Badum, PE Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary 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: 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. 100 (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 12010, at CITY OF NEWPORT BEACH, California. Q: \Newport Beach \ADIOO Reports\ad100 pre] rpt 26mar]O.doc Stephen Badum, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street/ Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report Appendix A - Page f Appendix A - Assessment Calculations Assessor's Parcel Property Asmt Parcel Size(sf) Address No. Number Rounded 1325 W BALBOA BLVD 1 047 - 240-01 94,300 1249W BALBOA BLVD 2 939 -71 -011 1,600 1249 W BALBOA BLVD 3 939 -71 -012 1,600 1245 W _ BALBOA BLVD 4 047 - 241 -02 3,200 1241 W BALBOA BLVD 5 047 - 241 -03 3,200 ._.. 1237W BALBOA BLVD 6 047 - 241 -04 3,200 _ 1235 W BALBOA BLVD _ 7 047- 241 -05 3,200 _ 1229 W BALBOA BLVD - 8 939 -71 -021 1,600 1229W BALBOA BLVD 9 939- 71_ -022 _ 1,600 1225 W BALBOA BLVD 10 047- 241 -07 3,200 1221 W BALBOA BLVD 11 047 - 241 -08 3,200 1219 W BALBOA BLVD 12 047 - 241 -09 3,200 1213 W BALBOA BLVD 13 047- 241 -10 3,200 __ _ 1209 W BALBOA BLVD 14 _ 047- 241 -11 3,200 1205 W BALBOA BLVD 15 047 - 241 -12 3,200 1201 W BALBOA BLVD 16 939 -71 -017 1,600 _ 10712TH ST 17 939-71-018 1,600 1242 W OCEANFRONT 18 047 - 241 -24 3,700 1236 W OCEANFRONT 19 047 - 241 -23 _ 3,700 1232 W OCEANFRONT 20 _047- 241 -21 3,700 1228 W OCEANFRONT 21 047- 241 -20 3,700 _ 1224 W OCEANFRONT 22 047 - 241 -19 3,700 1220 W OCEANFRONT 23 047 - 241 -18 3,700 1216 W OCEANFRONT 24 047 - 241 -17 3 700 __..._. 1212 W OCEANFRONT 25 047- 241 -16 3,700 __ 2 _ _ .._ 1210 W OCEAN EANFRONT 26 047 - 241 -15 3,700 1200 W OCEANFRONT 27 047- 241 -14 7,500 1149W BALBOA BLVD 28 047- 251 -01 3,200 1145 W BALBOA BLVD 29 047 - 251 -02 3,200 1141 W BALBOA BLVD 30 047- 251 -03 3,200 1139 W BALBOA BLVD 31 047 - 251 -04 3,200 1133W BALBOA BLVD 32 047- 251 -05 3,200 - _ 1129 W BALBOA BLVD 33 047- 251 -06 3,200 - _ 1125W BALBOA BLVD 34 939 -71 -013 1,600 11.25 W BALBOA BLVD 35 939 -71 -014 1,600 1115 W BALBOA BLVD 36 047- 251 -08 6,300 1113 W BALBOA BLVD 37 047- 251 -09 3,200 1111 W BALBOA BLVD 38 047- 251 -10 3,200 1105 W BALBOA BLVD 39 047 - 251 -11 3,200 1101 W BALBOA BLVD 40 047 - 251 -12 3,200 1140W OCEANFRONT 41 047- 251 -23 3,700 1136 W OCEANFRONT 42 047- 251 -22 3,700 1130W OCEANFRONT 43 047 - 251 -21 3,700 _ 1128 W OCEANFRONT 44 047- 251-20 3,700 .2222_ 1124 W OCEANFRONT 45 047 - 251 -19 3,700 1120 W OCEANFRONT 46 047 - 251 -18 3,700 1116 W OCEANFRONT 47 047 - 251 -17 3,700 1112 W OCEANFRONT 48 047 - 251 -16 3,700 1106 W OCEANFRONT 49 047 - 251 -15 3,700 1104W OCEANFRONT 50 047-251-14 _ 3,700 1102W OCEANFRONT 51 047- 251 -13 3,700 1051 W BALBOA BLVD 52 047-252-01 1,600 _._ 10811TH ST 53 047 - 252 -02 1,500 1045W BALBOA BLVD 54 047 - 252 -03 3,200 . _._ 1041 W BALBOOA A BLVD 55 047 -25 2-04 3,200 1037 W BALBOA BLVD 56 047 - 252 -05 3,200 1035 W BALBOA BLVD 57 047 - 252 -06 3,200 _ 1000 W BALBOA BLVD 58 047 - 252 -07. 3,200 Assessed Benefit Parcel Factor Area 0.44 41,911 1 _ .00 1,600 1.00 1,600 1.00 3,200 1.00 3,200 _- _1.00 3,200 1._00 3,200 1.00 1,600 1.00 1,600 1.00 73,200 1,00 1.00 3,200 1.00 3,200 1.00 3,200 1.00 3,200 1.00 3,200 1.00 1,600_ _ 1.00 1,600 1.00 3,700 1.00 3,700 .00 3,700 1.00 _ 3,700 1.00 _ 3,700 00 3,700 1.00 3,700 1.00 _ _3,700 1.00 3,700 1.00 7,500__ 1.00 3,200 1.00 3,200 1.00 _3,200 1.00____ 3,200 1.00 3,200 1.00 3,200 1.00 1,600 1.00 1,600 1.00 6,300 1.00 3.200 1.00 3-, 200 _ 1.00 3,200 1.00 3,200 1.00 3,700 1.00 3,700 1.00 3,700 1.00 - 3, o 1.00 _3,700__ 1.00 3,700 _ 2222_ _ __- 1.00 3,700 1.00 3,700 1.00 _3,700 _ 1.00 3,700 1.00 3,700 0.33 _ _533 1.00 1,500 1.00 3,200 1.00 3,200 1.00 3,200 1.00 3,200 1.00 3.200 Total Construction Costs _$195,449_.75 - $7,461.51 $7,461.51 $14,923.03 $14,923.03 $14,923.03 $14,9_2_3.03 $7,461.51 $7,461.51 $14,923.03 $14,923.03 $14,923.03 $14,923.03 $14,9_23.03 $14,923.03 $7,461.51 $7,461_51 $17,254.75 $17,254.75 $17,254.75 $17,254.75 $17,254.75 $17,254.75 $17,254,75 $17,254.75 $17,254.75 $34,975.85 $14,923.03 $14,923.03 $14;923.03 $14,92163 03 $14,923.03 $14,923.03 $7,461.51 $7,461.51 $29,379.72 $14,923.03 $14,923.03 $14,923.03 $14,923 03 $17,254.75 $17,254.75 $17,254J5 $17,254.75 $17,254,75 $17,254,75 $17,254.75 $17,254.75 $17,254.75 $17,254.75 $17,254.75 _ $2,485.62 $6,995.17 $14,923.03 $14,923.03 _ $14,92103 $14,923,03 $14,923.03 Preliminary Incidental Financial Total Expenses Costs Assessment $_19,975.26 $16,206.32 $231,631.33 $762.60 $618.69 $8,842.80 $762.60 $618.69 $8,842.80 _$1,525.20 $1,237.38 $17,685.61 _$1,525.20 $1,237.38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,525.20 $1,237.38 _ $17,685.61 $762.60 $618.69 $8,842.80 $762.60 $618.69 $8,842.80 ._- 2.202_ -_ _- -____._ $1,525 20 $1.,237 38_. $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,525.20 $1,23T38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 _ $762.60 $618.69 $8,842.80 $762.60 $618.69 $8,842.80 $1,763.51 _ $1,430.72 $20,448.98 $1,763.51 $1,430.72 $20,448.98 $1,76351 $1,43072 $20,448.98 $1,763.51 $1,430.72 $20,448.98 $1,763.51 $1,430.72 $20,448.98 $1,76351 $1,43072 $20,448.98 $1,763.51 $1,430.72 $20,448.98 _$1,76351 $1,43072 $20,448.98 . __ ... $1,763.51 $1,43072 $20,448.98 $3,57T68 $2,900.11 _ $41,450.64 $1,52520 $1,237.38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,525 20 --11,237,38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,525.20_ $1,237.38 $17,685.61 $762.60 $618.69 $8,842.80 $762.60 $61869 $8,842.80 _. $3,002.73 $2,43610 $34,818.55 $1,525.20 $1,237.38 $17,685.61 $1,525.20 _ $1,237.38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,52520 $1,23738 $17,685.61 $1,76351 $1,43072 $20,448.98 $1,763.51 $1,430.72 $20,448.98 $1,763.51 $1,43072 $20,448.98 $1,763.51 $1,430.72 $20,448.98 $1,76351 $1,43072 $20,448.98 $176351 $1,43072 $20,44898 $1,763.51 $1,430.72 $20,448.98 $1,763.51 $1,430.72 $20,448.98 $1,76351 $1,43072 $20,448.98 $1,763.51 $1,43072 $20,448.98 $1,763.51 $1,430.72 $20,448.98 _$25404 $2G6, 10 _$2,945.76 $714.94 $580.02 $8,290.13 $1,525.20 $1,237.38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 $1,52520 $1,237.38 $17,685.61 $1,52520 $1,237.38 $17,685.61 $1,525.20 $1,237.38 $17,685.61 Q: \Newport Bcach\ADl001Reports \adl00 prel rpt 26marl O.doc Harris & Associates City of Newport Beach 66 047 - 252 -24 April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd I Adams Street / Ocean Front) 4,100 Preliminary Engineer's Report $1,954.16 Appendix A - Page 2 $22,659.69 Appendix A - Assessment Calculations 67 047 - 252 -23 4,100 1.00 4,100 $19,120.13 Assessor's Parcel Assessed Total Preliminary Property Asmt Parcel Size(sf) Benefit Parcel construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Exoenses Costs Assessment 1015W MW 63 1 1001 W BALBOA BLVD 64 047- 252 -13 1,900 0.33 633 $2,951.96 $301.70 $244.77 $3,498.43 1 1036 W OCEANFRONT 66 047 - 252 -24 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,585.40 $1,237.38 $22,659.69 1032 W OCEANFRONT 67 047 - 252 -23 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,585.40 $22,659.69 1028 W OCEANFRONT 68 047 - 252 -22 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,585.40 $1,525.20 $22,659.69 1024W OCEANFRONT 69 047 - 252 -21 4,100 1.00 4,100 $19,120.13 $1,95416 $1,58540 $19,120.13 $22,659.69 _1020 W OCEANFRONT - -__ 70 047 - 252 -20 4,100 1.00 047- 281 -22 $19,72013 $1,954.16 $1,585.40 $19,120.13 $22,659.69 1018 W OCEANFRONT 71 047 - 252 -19 4,100 1.00 .4,100 4,100 $19,120.13 $1,954.16 _ $1,585.40 $19,120.13 $22,659.69 1012 W OCEANFRONT 72 047- 252 -18 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,585.40 $19,120.13 $22,659.69 1006 W OCEANFRONT 73 047- 252 -17 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,58540 $19,120.13 $22,65969- 1004 W OCEANFRONT 74 047 - 252 -16 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,585.40 $19,12013 $22,659.69 1000 W OCEANFRONT 75 047- 252 -15. .4100 1.00 4,100 $19,120.13 $1,954.16 $1,585.40 $18,187.44 $22,659.69 951 WBALBQA BLVD 76 047 - 281 -01 3,200 1.00 3,200 $14,923.03 $1,525.20 $1,237.38 $17,721.10 $17,685.61 _.945 W BALBOA BLVD 77 047 - 281 -02 4,800 1.00 4,800 $22,384.54 $2,287.79 $1,856.07 $17,254.75 $26,528.40 943 W BALBOA BLVD 78 047 - 281 -03 4,800 1.00 4,800 $22,38454 $2,287.79 $1,856.07 $16,32206 $26,528.40 935 W BALBOA BLVD 79 047 - 281 -04 3,200 _ _ 1.00 3,200 _ $14,923.03 $1,525.20 $1,237.38 $15,389.37 $17,685.61 933 W BALBOA BLVD 80 047 - 281 -05 3,200 1.00 3,200 $14,923.03 $1,525.20 $1,237.38 $4,351.00 $17,685.61 929 W BALBOA BLVD 81 047 - 281 -06 3,200 1.00 3,200 $14,92103 $1,525.20 $1,237.38 $12,591.31 $17,685.61 925 W BALBOA BLVD 82 047- 281 -24 3,200 1.00 3,200 $14,92303 $1,525.20 $1,237.38 $15,85512 $17,685.61 921 WBALBOA BLVD 83 047 - 281 -25 3,200 1.00 3,200 $14,923.03 $1,525.20 $1,23738 $7,461,51 $17,685.61 W BALBOA $1,52520 $1,23738 $17,685.61 $1,525 20 $1,237.38 $17,685.61 909 W BALBOA BLVD 86 047 - 281 -10 - -3,200 1.00 3,200 $14,923.03 $1,525.20 $1,237.38 $17,685.61 905 W BALBOA BLVD 87 047 - 281 -11 3 200 1.00 3,200 $14,923.03 $1,525.20 $1,237.38 $17,685.61 901 WBALBOA BLVD 88 047- 281 -12 3,200 1.00 3,200 $14,923.03 $1,525.20 $1,237.38 $17,685.61 942 W OCEANFRONT 89 047- 281 -23 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,585.40 $22,659.69 938W OC EANF PONT 90 047- 281 -22 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,58540 $22,659.69 930 W OCEANFRONT 91 047- 281 -21 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,58540 122,659.69 928 W OCEANFRONT 92 047 - 281 -20 4,100 1.00 4,100 $19,120.13 $1,95416 $1,585.40 $22,659.69 924 W OCEANFRONT 93 047- 281 -19 4,100 1.00 4,100 $19,120.13 $1,954.16 $1,585.40 $22,659.69 920 W OCEANFRONT 94 047-281-18 4,100 1.00 4,100 $19,12013 $1,954.16 $1,585.40 $22,659.69 916 W OCEANFRONT 95 047 - 281 -17 3,900 1.00 3,900 $18,187.44 $1,858.83 $1,508.06 $21,554.33 914W OCEANFRONT 96 047 281 -16 3,800 1.00 3 800 $17,721.10 $1,811.17 $1,469.39 $21.001.66 908 W OCEANFRONT 97 047- 281 -15 3,700 1.00 3,700 $17,254.75 $1,763.51 $1,430.72 $20,448.98 904W b EANF RONT 98 047 - 281 -14 3,500 1.00 3,500 $16,32206 $1,66818 $1,35339 $19,343.63 900 W OCEANFRONT 99 -._- 047- 281 -13 3.300 1.00 3,300 $15,389.37 $1,572.86 $1,276.05 $18,238.28 1109TH ST 100 047 - 282 -01 2,800 0.33 933 $4,351.00 $444.69 $360.77 $5,156.46 1069TH ST 101 047 - 282 -02 2,700 1.00 2,700 $12,591.31 $1,286.88 $1,044.04 $14,922.23 823 W BALBOA BLVD 102 047- 282 -03 - 3,400 1.00 3,400 $15,85512 $1,620.52 $1,314.72 $18,790.96 921 W BALBOA BLVD 103 936 08 007 1 600 1.00 1,600 $7,461,51 $762.60 $618.69 $8,842,80 821 W BALBOA BLVD _ - _ 104 936 -08 -008 1,600 1.00 1,600 $7,461.51 $762.60 $618.69 $8,84280 819WBALBOA BLVD 105047- 282 -05 3,100 1.00 3,100 $14,456.69 $1,477.53 $1,19871 $17,132.93 817 W BALBOA BLVD 106 047- 282 -06 3,000 1.00 3,000 $13,990.34 $1- ,429 87 $1,160,05 $16,580.26 815 W BALBOA BLVD 107 047 - 282 -07 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,121.38 $16,027.59 813 W BALBOA BLVD 108 047- 282 -08 2,700 1.00 2,700 $12,591.31 $1,286.88 $1,044.04 $14,922.23 811WBALBOA BLVD 109 047- 282 -09 2,600 1.00 2,600 $12,124.96 $1,23922 $1,005.37 $14,369.55 809 W BALBOA BLVD 110 047- 282 -10 2,600 1.00 2,600 $12,124.96 $1,239.22 $1,005.37 $14,369.55 807 W BALBOA BLVD 111 047-282-11 2400 1,00 2,400 $11 192.27 $1,143.90 $928.04 $13,264.21 828 W OCEANFRONT 112 047 - 282 -25 1,900 1.00 1,900 $8,860.55 $905,58 $734.70 $10,500.83 826 W OCEANFRONT 113 047- 282 -24 3,200 1.00 3,200 $14,923.03 $1,525,20 $1,237.38 $17,685.61 822 W OCEANFRONT 114 047 - 282 -23 3,200 1.00 3,200 $14,923.03 $1,525.20 $1,237.38 $17,685.61 VOW OCEANFRONT _ 115_ 047-282-26 2,100 -- 1.00 2 100 $9, 793.24 $1,000.91 $812.03 $11,606.18 919 W OCEANFRONT 116 047 - 282 -27 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 Q: \Newport Beaeh\A.DI00\Repons \ad100 prel ipt 26marl0.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd / Adams Street/ Ocean Front) Preliminary Engineer's Report Appendix A - Page 3 Appendix A - Assessment Calculations Q \Newport BeachWD100U2eports1adl00 pre] rpt 26mar10.doc I Harris & Associates Assessor's Parcel Assessed Total Preliminary Property Asmt Parcel S]ze(sf) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 816 W OCEANFRONT 117 047- 282 -21 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 814 W OCEANFRONT 118 047 - 282 -20 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 812W OCEANFRONT 119 047- 282 -19 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 810 W OCEANFRONT 120 047 - 282 -18 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 808.W OCEANFRONT 121 047 - 282 -17 2,100 1.00 2,100 $9,79324 $1,000.91 $81203 111 8TH ST 122 047 - 282 -12 3,200 0.33 1,067_ $4,975.90 $508.56 $412.59 .$11,606.18_ $5,89205 1078TH ST 123 047- 282 -13 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,60618 1058TH ST 124 047 - 282 -14 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 804 W OCEANFRONT 125 047 - 282 -16 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 800W OCEANFRONT 126 047- 282 -15 _ 2,100 1.00 2,100 $9,793.24 $1,000.91 $81203 $11,60618 723 W BALBOA BLVD 127 048 -02301 3,400 0.33 1,133 $5,283.fi9 $540.01 $438.11 $6,261.81 _ 1068TH ST 128 048- 023 -02 2,800 1.00 2,800 $13,057.65 $1,334.55 $1,082.71 $15,474.91 726 W OCEANFRONT 129 048- 023-03 2,400 1.00 2,400 $11,19127 $1,143.90 $928.04 $13,264.21 722W OCEANFRONT 130 048- 023-04 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,26421 721 W BALBOA BLVD 131 048 - 023-23 2,200 1.00 2,200 $10,259.58 $1,048.57 $850.70 $12,158.85 719 W BALBOA BLVD 132 048 -02322 2,200 1.00 2,200 $10,259.58 $1,048.57 $850.70 $12,158.85 717 W BALBOA BLVD 133 048 -02321 2,200 1.00 2,200 $10,25958 $1,04857 $85070 $12,158.85 715 W BALBOA BLVD 134 048 -02320 2,100 1.00 2,100 $9,79324 $1,00091 $81203 $11,606.18 713 W BALBOA BLVD 135_ 048-023-19 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 711 WBALBOA BLVD 136 048 -02318 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 709 W BALBOA BLVD 137 048 - 023-17 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 707 W BALBOA BLVD 138 048 -02316 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 720 W OCEANFRONT 139 048 -02305 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 718 W OCEANFRONT 140 048 023 O6 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 716W OCEANFRONT 141 048 -02307 2,100 1.00 2,100 $9,793.24 $1,000.91 $81203 $11,606.18 714W OCEANFRONT 142 048- 023 -08 3,200 1.00 3,200 $14,92303 $1,525.20 $1,23738 $17,685.61 71OW OCEANFRONT 143 048- 023 -09 3,200 1.00 3,200 $14,923.03 $1,525.20 $1,237.38 $17,685.61 706 W OCEANFRONT 144 048- 023 -10 4,200 1.00 4,200 $19,586.48 $2,001.82 $1,624.06 $23,212.36 1097TH ST 145 048023 -15 2,100 0.33 700 $3,26441 $33364 $270.68 $3,868.73 1077TH ST 146 048- 023 -14 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 1057TH ST 147 048- 023 -13 1,800 1.00 1,800 $8,394.20 $857.92 $696.03 $9,948.15 704 W OCEANFRONT 148 048 - 023-11 1.800 1.00 1,800 $8,39420 $857.92 $696.03 $9,948.15 700W OC EANF RONT 149 048- 023 -12 2,700 1.00 2,700 $12,591.31 $1,28688 $1,04404 $14,922.23 1067TH ST 150 048 -02401 2,100 1.00 2,100 $9,79324 $1,00091 $81203 $11,606.18 623 W BALBOA BLVD 151 048 -02402 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 628 W OCEANFRONT 152 048 -02421 6,200 1.00 6,200 $28,913.37 $2,955.07 $2,397.43 $34,265.87 621 BALBOA BLVD 153 048 -02420 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 619 W BALBOA BLVD 154 W-024-19 2,100 1.00 2,100 $9,79324 $1,000.91 $812.03 $11,606.18 617 W BALBOA BLVD 155 048 -02425 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 _ 615 WBALBOA BLVD 156 048 -02424 2,100 1.00 2,100 $9,793.24 $1,00091 $81203 $11,606.18 613 W BALBOA BLVD 157 048 -02417 2,100 1.00 2,100 $9,79324 $1,00091 $812.03 $11,606.18 611 W BALBOA BLVD 158 048 - 02416_ 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 609 BALBOA BLVD 159 048 -02427 2,100 1.00 2,100 $9,79324 $1,000.91 $81203 $11,606.18 607 BALBOA BLVD 160 048 -02426 2,100 1.00 2,100 $9,79324 $1,000.91 $812.03 $11,606.18 620W OCEANFRONT 161 048 -02404 4,200 1.00 4,200 $19,58648 $2,00182 $1,624.06 $23,212.36 618 W OCEANFRONT 162 048- 02405 2 100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 616 W OCEANFRONT TU 048 -02406 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606 18 614W OCEANFRONT 164 048 -02407 2,100 1.00 2,100 $9,793.24 $1,000,91 $812.03 $11,606.18 612W OCEANFRONT 165 - 048 -02408 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 608W OCEANFRONT 166 04802423 2,100 1.00 2,100 $979324 $1,00091 $81203 $11,60618 606 W OCEANFRONT 167, 048 -02422 2,100 1.00 2,100 $9,79324 $1,000.91 $812.03 $11,606.18 1096TH ST 168 048 -02414 2,100 0.33 700 $3,26441 $333.64 $27068 $3,86873 1076TH ST 169 048 -02413 2,100 1.00 2,100 $9,793.24 $1,000.91 $81203 $_11,60618 1056TH ST 170 048 -02412 1,800 1.00 1,800 $8,394.20 $857.92 $696.03 - - $9,94815 604 W OCEANFRONT 171 048 -02410 2,100 1.00 2,100 $9,79324 $1,0M91 $812.03 $11,606.18 600 W OCEANFRONT 172 048 -02411 2,400 1.00 2,400 $11,19227 $1,143.90 $928.04 $13,264.21 523 W BALBOA BLVD-1 7-3 048 -07301 2,100 0.33 700 $3.264.41 $333,64 ___ -- $270.68 $3,868,73 106 fiTH ST 174 048 - 073 -02 2,100 1.00 2,100 $9,79324 $11000.91 $812.03 $11,606.18 Q \Newport BeachWD100U2eports1adl00 pre] rpt 26mar10.doc I Harris & Associates City of Newport Beach 184 048 - 073-15 _ 2,500 1.00 2,500 _ 109 ISLAND AVE April 13, 2010 Underground Utility Assessment District No. 100 (13th Street / Balboa Blvd I Adams Street / Ocean Front) 1.00 Preliminary Engineer's Report 107 ISLAND AVE 186 048 - 073-13 2,600 1.00 Appendix A - Page 4 520 W OCEANFRONT 187 Appendix A - Assessment Calculations 2,100 1.00 2,100 518 W OCEANFRONT Assessors Parcel 2,100 Assessed Total 516 W OCEANFRONT 189 Preliminary Property Asmt Parcel Size(sf) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 524 W OCEANFRONT 175 048- 073-29 3,200 1.00 3,200 119 $14,923.03 $1,525.20 $1,237.38 $17,685.61 522W OCEANFRONT 176 048 - 073-30 3,200 1.00 3,200 $14,923.03 $1,525.20 $1,237.38 $17,685.61 521 WBALBOA BLVD 177 048 - 073-26 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 519 W BALBOA BLVD 178 048 -07 125 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 517 W BALBOA BLVD 179 048 - 073-24 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 515 W BALBOA BLVD 180 048- 073-23 2:160 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 BLVD BLVD will] 507 W BALBOA BLVD 184 048 - 073-15 _ 2,500 1.00 2,500 _ 109 ISLAND AVE 185 048 - 073-14 2,600 1.00 2,600 107 ISLAND AVE 186 048 - 073-13 2,600 1.00 2,600 520 W OCEANFRONT 187 048-073-05 2,100 1.00 2,100 518 W OCEANFRONT 188 048- 073 -28 2,100 1.00 2,100 516 W OCEANFRONT 189 048 -073 -27 -- 2 2,100 1.00 2,100 514W OCEANFRONT 190 048 -07M7 3.200 1.00 3.200 504W 0 2.1 196 048 -07401 2,100 1.00 2,100 $9,793.24 $ 197 048 -07402 2,100 1.00 2,100 $9,793.24 $ 198 - 048 -07403 2,100 1.00 - _ _ 2,100 $9,79324 $ __. 199 048 -07404 2,100 1.00 2,100 $9,793.24 $ 200 048 -07405 2,100 1.00 2,100_ $9,793.24 $ 201 048 -07423 2,100 1.00 2,100 $9,793.24 - $ 202 048 -07422 2,100 1.00 2,100 $9.793.24 $ 191.56 EBALBOA $966.70 203 $13,816.88 0000.91 0.9 $812.03 $9,79124 $11,60618 191.56 $966.70 $13,816.88 191.56 BLVD $966.70 048 -07420 $13,816.88 000.91 2,100 $812.03 $1,000.91 $11,606.18 000.91 $11,606.18 $812.03 115 $11,606.18 00091 205 $81203 2,100 $11,606.18 000.91 $9,79124 $812.03 $812.03 _ $11,606.18 000.91 000.91 $81203 $812.03 EOCEANFRONT $11,606.18 $11.606.18 111 EBALBOA BLVD 203 048 -07421 2,100 1.00 2,100 $9,79124 $1,000.91 $812.03 $11,606.18 113 E BALBOA BLVD 204 048 -07420 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 115 E BALBOA BLVD 205 M-074,1 9 2,100 1.00 2,100 $9,79124 $1,000.91 $812.03 $11,60618 117EBALBOABLVD EOCEANFRONT 211 206 048 -07418 2,100 1.00 2,100 $9,79324 $1,000.91 $812.03 $11,60618 119 E BALBOABLVD 212 207 048 -07417 2,100 1.00 2,100 $9,79324 $1,000.91 _$81203 $812.03 $11,606.18 _ 121 EBALBOA BLVD 208 048 -07416 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 123 E BALBOA BLVD 209 048 -07415 -648-6-74-i 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 127E BALBOA BLVD 210 4 _ 4,200 1.00 4 200 $19.586.48 $2,001.82 $1,624.06 $23,212.36 106 EOCEANFRONT 211 048 -07406 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 108 E OCEANFRONT 212 048-07 24 2,100 1.00 2,100 $9,79124 $1,000.91 $812.03 $11,606.18 110 E OCEANFRONT 213 048 -07426 2,100 1.00 2,100 $9,793.24 $1,00091 $81203 $11,606.18 112 E OCEANFRONT 214 048 -07427 2100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 114 EOCEANFRONT 215 04807409 2,100 1.00 2,100 $9,793.24 $1,00091 $812.03 $11,606.18 116 EOCEANFRONT 216 048 -07410 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 $11,606.18 118 2244 E OCEANFRONT 2244 - 217 _. _. 048 07411 2244 2,100 4444 1.00 2,100 1024 $9,793.24 $1,000.91 $812.03 $11,606.18 _. 120 E OCEANFRONT 218 048 -07428 2,100 1.00 2,100 $9,793.24 $1,000.91 $812.03 - $11,606.18 _ 122 E OCEANFRONT 219 048 -07429 2,100 1.00 2,100 $9,793.24 $1,000.91 $812,03 $11,606.18 126 E OCEANFRONT 220 048 -07413 3,100 1.00 3,100 $14,456.69 $1,477.53 $1,198.71 $17,132.93 201 E BALBOA BLVD 221 048- 081 -21 4,300 1.00 4,300 $20,052.82 $2,049.48 $1,662.73 $23,765.03 205 E BALBOA BLVD 4222_- 222 048 - 081 -22 2,300 1.00 2,300 _ 2 0222 $10,725.95,9 3 __ $1,096.23 $889,37 $12,711.53- 207 E BALBOA BLVD 223 048- 081 -26 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,264.21 209 E BALBOA BLVD 224 048 - 081 -27 2,400 1.00 2,400 $11,19227 $1,14190 $928.04 $13,264.21 211 EBALBOA BLVD 225 0484081 -04 2,400 1.00 2,400 $11,192.27 $1,14390 $928.04 $13,264.21- 213 E BALBOA BLVD 226 048- 081 -16- 2,400 1.00 2,400 $11,192.27 $1,143.90 $928,04 $13,264.21 215 EBALBOA BLVD 227 048- 081 -19 2,400 1.00_ 2,400 $11,19227 $1,143.90 $928.04 $13,264.21 217 EBALBOA BLVD 228 048081 -18 2,400 1.00- 2400 $11,19227 $1,14390 $928.04 $13,264.21 - 219 E BALBOA BLVD 229 048- 081 -06 2,400 1.00 2,400 $11,192.27 $1,14190 $928.04 $13,264.21 200 EOCEANFRONT 230 048- 081 -15 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,264.21 - 202 E OCEANFRONT 231 _ 2222 048-081-14 2,400 - 1.00 2,400 $11,19227 $1,143,90 $92804 $13,264.21 2 1 204 E OCEANFRONT 232 932 -94 -106 1,200 1.00 1,200 $5,596.14 $571.95 $464.02 $6,632.11 Q: \Newport BeachWDI00U2eports \ad100 pre] rpt 26marl O.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street/ Ocean Front) Preliminary Engineer's Report Appendix A - Page 5 Appendix A - Assessment Calculations Assessor's Parcel Assessed Total Preliminary Property Address Asmt No. Parcel Number Size(sf) Rounded Benefit Factor Parcel Area Construction Costs Incidental Expenses Financial Costs Total Assessment 204 E OCEANFRONT 206 EOCEANFRONT 233 234 932 -94 -107 048 - 081 -12 1,200 2,400 1.00 1.00 1,200 2,400 $11,19227 $5,596.14 $571.95 $1,14390 $464.02 $928.04 $6,632.11 $13,264.21 208 E OCEANFRONT 235 048- 081 -11 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,264.21 210 E OCEANFRONT 236 048 - 081 -10 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,264.21 212 E OCEANFRONT 214 EOCEANFRONT 216 E OCEANFRONT 237 238 239 048 - 081 -09 048- 081 -24 048- 081 -23 2,400 2,400 2,400 1.00 1.00 1.00 2,400 2,400 2,400 $1119227 $11,192.27 $11,192.27 $1,143.90 $1,143.90 $1,143.90 $928.04 $928.04 $928.04 $13,264.21 $13,264.21 $13,264.21 218 E OCEANFRONT 240 048- 081 -07 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,264.21 301 EBALBOA BLVD 311 EBALBOA BLVD 241 242 048- 082 -01 048- 082 -02 2,400 12,000 1.00 0.44 2,400 5,320 $11,192.27 $24,80954 $1,143.90 $2,53564 $928.04 $2,057.15 $13,264.21 $29,402.33 313 E BALBOA BLVD 243 048- 082 -13 2,400 1.00 2,400 $11,192.27 $1,143.90 $928,04 $13,264.21 315EBALBOA BLVD 244 048- 082 -14 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $73,264.21 __ ___.. 317 E BALBOA BLVD 300 E OCEANFRONT 302 E OCEANFRONT 245 246 247 048- 082 -15 048- 082 -11 048 - 082 -10 2,400 2,400 2,400 1.00 1.00 1.00 2,400 2,400 2,400 $11,19227 $11,192.27 $11,19227 $1,143.90 $1,143.90 $1,14390 $928.04 $928.04 $928.04 - - $13,264.21 $13,264.21 $13,264.21 304 E OCEANFRONT 248 048- 082 -09 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,264.21 306.E OCEANFRONT 249 048 - 082 -08 2,400 1.00 2,400 $11,192.27 $1,143.90 $92804 $13,264.21 308 E OCEANFRONT 250 048- 082 -07 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,264.21 310 E OCEANFRONT 251 048 - 082 -06 2,400 1.00 2,400 $11,192.27 $1,143.90 $928.04 $13,264.21 312 E OCEANFRONT 252 048 - 082 -17 2,400 1.00 2,400 $11,19227 $1,14390 $928.04 $13,264.21 314 E OCEANFRONT 253 048- 082 -16 2,400 1.00 2,400 $11,192.27 $1,143.90 $928,04 $13,2fi4.21 316 E OCEANFRONT 254 048- 082 -04 2,400 1.00 2,400 $11,192.27 $1,143.90 $928,04 $13,264.21 403 E BALBOA BLVD 255 048- 121 -01 6,300 1.00 6,300 $29,379.72 $3,002.73 $2,436.10 $34,818.55 407 E BALBOA BLVD 256 048 - 121 -02 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,121.38 $16,027.59 409 E BALBOA BLVD 257 048- 121 -03 2,900 1.00 2,900 $13,52400 $1,38221 $1,121.38 $16,027.59 411 EBALBOA BLVD 258 048- 121 -04 2,900 1.00 2,900 $13,52400 $1,38221 $1,12138 $16,027.59 413EBALBOA BLVD 259 048- 121 -05 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,121.38 $16,027.59 415 E BALBOA BLVD 260 048 - 121 -06 2,900 1.00 2,900 $13,52400 $1,382.21 $1,12138 $16,027.59 417 E BALBOA BLVD 261 048 - 121 -07 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,121.38 $16,027.59 421 E BALBOA BLVD 262 048- 121 -20 2,900 0.34 986 $4,598.16 $469.95 $381.27 $5,449.38 423EBALBOABLVD 263 048 - 121 -21 2,900 0.20 580 $2,70480 $276.44 $22428 $3,205.52 400 E OCEANFRONT M4 048- 121 -19 3,100 1.00 3,100 $14,45669 $1,477.53 $1,19871 $17,132.93 402 E OCEANFRONT 265 048- 121 -18 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,121.38 $16,027.59 404 EOCEANFRONT 266 048- 121 -17 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,121.38 $16,027.59 406 E OCEANFRONT 267 048 - 121 -15 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,121.38 $16,027.59 108 E OCEANFRONT 1 268 932 -16 -029 1,400 1.00 1,400 $6,52883 $667.27 $541.35 $7,737.45 108 E OCEANFRONT 2 269 932 -16 -030 1,400 1.00 1,400 $6,528.83 $667.27 $541.35 $7,737.45 .._.._...... 410 E OCEANFRONT 270 048 - 121 -13 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,12138 $16,027.59 412E OCEANFRONT 271 048 - 121 -12 2,900 1.00 2,900 $13,52400 $1,382.21 $1,121.38 $16,027.59 414 E OCEANFRONT 272 048 121 -11 2,900 1.00 2,900 $13,524.00 $1,382.21 $1,121.38 $16,027.59 Q9Newporl Beach\ADI00 \Reports \ad100 pre] Tt 261nar10.doc Harris & Associates PROFESSIONAL SERVICES AGREEMENT WITH MEYERS, NAVE, RIBACK, SILVER & WILSON FOR BOND COUNSEL SERVICES THIS AGREEMENT is made and entered into as of this day of , 2010 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and MEYERS, NAVE, RIBACK, SILVER & WILSON, a California Professional Law Corporation, whose address is: 555 12TH Street, Suite 1500, Oakland, California 94607( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to form Assessment District No. 100 (Balboa Blvd./West Ocean Front/Adams St. /13th St.) ( "AD 100 ") and to issue bonds in connection therein. C. City desires to engage Consultant to act as Bond Counsel in connection with the proposed AD 100 (the "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal attorney with the Consultant for purposes of the Project shall be Samuel Sperry. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate upon either the issuance of the Bonds and completion of all Project work or on 31 5{ day of December 2011, whichever is sooner. 2. SERVICES TO BE PERFORMED; EXCLUDED SERVICES Consultant shall diligently perform all the services described under the heading "Services Included" in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. Consultant shall not be responsible for the services described under the heading "Services Excluded" in Exhibit A. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 69_r F1II11111_1►1tt Consultant's compensation for all work performed in accordance with this Agreement, contingent upon issuance of the bonds, shall be the total sum of Twenty - Five Thousand Dollars and no /100 ($25,000.00). The total sum shall not be exceeded without prior written authorization from City. In the event that no Bonds are sold, Consultant shall be entitled to compensation of Seven Thousand Five Hundred Dollars and no /100 ($7,500) under this Agreement. 4.1 City shall reimburse Consultant for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. Document reproduction charges, overnight delivery and messenger charges, telecommunication charges, printing costs, filing fees, and long distance telephone calls. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. C. Actual costs for Consultant's travel between Consultant's office in Oakland, California and Newport Beach, California after the fifth (5th) trip following the Effective Date. Consultant shall bear all travel costs for Consultant's first five (5) trips between Consultant's office in Oakland and Newport Beach following the Effective Date. 4.2 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. No billing rate changes shall be made during the term of this Agreement. S. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times E during the Agreement term. Consultant has designated Samuel Sperry to be its Project Manager. Consultant shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Administrative Services Department. Dan Matusiewicz shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable, provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 41 9. 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 including, without limitation, Consultant's presence or activities conducted on the Project (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. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 9 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 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 5 subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of five million dollars ($5,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. 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. ii. 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. 11 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and 7 without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 20. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 0 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 23. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dan Matusiewicz Administrative Services Department City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 Phone: (949) 644 -3126 Fax: (949) 644 -3339 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Samuel Sperry Meyers, Nave, Riback, Silver & Wilson, a PLC 55512 TH Street, Suite 1500 Oakland, CA 94607 Phone: (510) 808 -2000 Fax: (510) 444 -1108 0 25. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 26. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 10 29. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30. 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. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 11 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, OFFICE OF THE CITY ATTORNEY A Municipal Corporation vL- 412•IU By: Leonie H. Mulvihill, Keith D. Curry, Mayor Acting City Attorney for the City of Newport Beach ATTEST: CONSULTANT: Meyers, Nave, Riback, Silver & Wilson, a PLC By: Leilani I. Brown, By: City Clerk (Corporate Officer) Title: Print Name: 0 (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Extra Work Billing Rates 12 EXHIBIT A SCOPE OF SERVICES Services Included The legal services to be provided by the Firm shall include: (a) attending negotiation sessions and otherwise assisting City Staff in the negotiation with utility companies; (b) preparation of the resolutions, notices, affidavits and other documents required by the Municipal Improvement Act of 1913 (the "1913 Act'), the Improvement Bond Act of 1915, and by Section 4 of Article XIIID of the California Constitution governing the proceedings for establishment of the Assessment District and for authorization of issuance, sale, execution and delivery of the Bonds; (c) examining the proceedings related to the formation of the assessment district; (d) appearing at all hearings related to the proceedings, and attending any other meetings where attendance is requested by the City; (e) reviewing and examining the map showing the boundaries of the district; (f) reviewing the method and formula utilized by the Assessment Engineer for the apportionment of the special assessment; (g) reviewing the "Report" of the Assessment Engineer; (h) participating with the City's financing team to determine the structure of any bond or similar debt issuance; (i) assisting in the review of those sections of the official statement, if any, to be disseminated in connection with the issuance of any series of bonds related to authority and security for the bonds, tax - exemption, legal opinion, litigation, summary of bond indenture, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of any bonds or similar indebtedness; (j) consulting with any underwriter and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (k) 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; (1) assisting in any assessment ballot proceedings; MW (m) 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 "); (n) 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, similar indebtedness, or related funding; provided, however, such opinions do not include the rendering of a 10(b)5 opinion regarding any official statement or similar documents; (o) providing advice and instruction to the City and its staff in connection with any of the foregoing; (p) following a successful sale of the Bonds, preparation of the Bonds and customary closing documents to be executed by or on behalf of the City and required to effect delivery of the Bonds (including the Tax Certificate) and coordination of the closing; (q) rendering of Meyers Nave's customary final legal opinion on the validity of the Bonds and the tax - exempt status of interest thereon; and, (r) preparation of a transcript of proceedings and closing for the City and such other participants as designated by the City. Services Excluded (a) preparation or processing of any agreements to be entered into with utility companies, although Consultant will, at the request of City staff, review and comment on any such agreement; (b) preparation of the following required items, which shall be the responsibility of City staff or the City's consulting engineer retained to provide assessment engineering services (the "Assessment Engineer "), although Consultant will, at the request of the person or persons having responsibility for such items, review and provide comments on same: (i) the AD 100 boundary map; (ii) the written engineer's report, containing the matters specified by Section 10204 of the 1913 Act, as supplemented by Section 4 of Article XIIID of the California Constitution; (iii) the preparation or mailing of individual assessment ballots or, following City Council action to levy assessments, the preparation or mailing of individual notices of recording of assessments, provided that Consultant will provide the form of notice of hearing to be mailed with the assessment ballots, a OW blank form of assessment ballot, and the form of notice of recording of assessments; and (iv) the list of cash payments received by the City during the cash payment period preceding issuance of the Bonds; (c) services for the recording of the boundary map, assessment diagram and notice of assessment in the records of the Orange County Recorder; (d) services to publish the notice of assessment in the newspaper customarily used by the City for legal publications; (e) preparation of a Preliminary Official Statement ( "POS ") or an Official Statement ( "OS "), which shall be the responsibility of the City's retained Disclosure Counsel ( "Disclosure Counsel'), although Consultant will review those sections of the POS and the OS set forth in paragraph (i) under the heading "Services Included" above in this Exhibit A; (f) preparation of the continuing disclosure undertaking of the City, which shall be the responsibility of Disclosure Counsel, although Consultant will, at the request of City staff or Disclosure Counsel, review and comment on same; (g) any services pertaining to the utility undergrounding improvement project itself or the work relating to the conversion of individual service connections from overhead to underground locations, including but not limited to bidding documents or procedures, contract documents, plans and specifications, establishment of easements, rights of way or other property interests required for implementation of the improvement project or individual service connections, or award of contract or contracts; (h) any determination with respect to satisfaction of the California Environmental Quality Act with respect to the improvement project or individual service connections; (i) any form of financial advice or guidance, these services being the responsibility of the City's financial advisor, or, following the issuance, sale and delivery of the Bonds, guidance with respect to compliance with the arbitrage or rebate provisions of federal income tax law; Q) any services relating to administration of the assessment liens (including but not limited to calculation or submission to the Orange County Auditor of annual installments to be collected on the tax roll, calculation or handling of payoffs, apportionments in the event of parcel divisions, or monitoring of delinquencies on assessment installments or collection efforts or foreclosure on account of delinquencies); and (k) any services relating to the administration of the Bonds following the issuance, sale and delivery thereof, including but not limited to compliance with continuing disclosure obligations, procedures for advance redemption of Bonds, or registration or transfer of ownership of the Bonds." FEW EXHIBIT B SCHEDULE OF BILLING RATES FOR EXTRA WORK Senior Counsel and other Shareholders ...................... $300.00 Associate Attorney ........................ ............................... $250.00 Paralegal...................................... ............................... $ -.00- Legal Secretary ................... ............................... $ -.00- IN "RECEIVED A AGENDA P" J N E Lid: (Revised) Preliminary Engineer's Report for Underground Utility Assessment District No. 100 (13th Street / Balboa Boulevard / Adams Street / Ocean Front) Prepared under the provisions of the Municipal Improvement Act of 1913 For the City of Newport Beach County of Orange, California April 13, 2010 City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Boulevard f Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) TABLE OF CONTENTS PART IV Annual Administrative Assessment ................................. .............................22 PART V Diagram of Assessment District ........................................ .............................23 PART VI Description of Facilities ..................................................... .............................30 Page Introduction and Certifi cations ............................................................. ............................... l 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 ........................................................... .............................14 Exhibit 1 — Method and Formula of Assessment Spread ..... .............................15 PART IV Annual Administrative Assessment ................................. .............................22 PART V Diagram of Assessment District ........................................ .............................23 PART VI Description of Facilities ..................................................... .............................30 Right -of -Way Certificate ................................................... ............................... 31 Certification of Completion of Environmental Proceedings ............................ 32 APPENDIX A. Assessment Calculations Q:Wewport Be h\AD100\Repons\ad100 pml rpt 13aprl0.doe Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 1 AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 100 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 bounded by 13th Street / Balboa Boulevard / Adams Street / Ocean Front. The proposed underground utility improvements will provide conversion to an upgraded utility system and will enhance neighborhood aesthetics, safety and reliability. 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. 100 (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 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 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. Q:Wewport Beach\AD10Meports%ad100 pwi rpt 13apr10.doc I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 2 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 April 13, 2010. HARRIS & ASSOCIATES JOAN E. COX, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:\Newpon Beach\ADI00 \Reports \ad100 pre] rpt 13apr10.doc I Hams &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd 1 Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 3 Preliminary approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the day of , 2010. 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 , 2010. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:Wewport BeachWD100V2eports\ad100 pret rpt 13apr10.doc I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd 1 Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) 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. 100, 13th Street / Balboa Boulevard / Adams Street / Ocean Front, 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. QANewport Beach�ADI00 \Reports�ad100 prel tpt 13apr10.doc I Harris &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 5 Part II Cost Estimate Estimated Costs Preliminary Confirmed DESIGN & CONSTRUCTION COSTS* $105,000 Electrical Costs (Southern California Edison) $75,000 Electrical Construction Costs $2,032,695 Construction Contingency ( -10 %) $203,270 Edison Design Engineering $77,350 Disclosure Counsel $2,313,315 Telephone Costs (AT &T) Telephone Construction Costs $592,256 Construction Contingency( -10 %) $59,226 AT &T Design Engineering $50,425 $701,907 Street/ Alley Rehabilitation $1,000,000 Construction Contingency (-7.5 %) $75,000 $1,075,000 Estimated Utility Contribution for Equivalent Overhead System - $423,932 Total Design & Construction Costs: $3,666,290 I LW [01 IDJQ j ji 0*4a:Ie&yZK Assessment Engineering $105,000 Contract Inspection $75,000 City Administration $100,000 Financial Advisor $15,000 Bond Counsel $27,500 Disclosure Counsel $22,500 Paying Agent $3,000 Credit Rating Fee $7,000 Dissemination Agent $3,000 Financial Printing, Registration and Servicing $5,000 Incidental Contingencies $11,710 Total Incidental Expenses: $374,710 Total Construction and Incidental Expenses: $4,041,000 FINANCING COSTS Underwriter's Discount 1.00% $43,000 Bond Reserve / Credit Enhancement 6.00% $261,000 Funded Interest @ 0 months @ 5.75% $0 Total Financial Costs: $304,000 TOTAL AMOUNT TO ASSESSMENT: $4,345,000 * Time Warner Cable is required to pay for undergrounding through the Franchise Agreement with the City. Q:\Ncwport Beach\AD100 \Reports \ad100 prel rpt 13apr10.doc I Harris &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) 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. 2010 -, 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. 100 (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: 1. 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 hntention, 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 B=hWD100 \Reports\ad100 pnI rpt 13apr10.doe I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) 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 in one or more series, each with a term 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. The bonds may be issued in more than one series, depending upon duration of the improvement work and related considerations. 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 \Newport Bwch\AD100\Reports \ad100 pmt rpt I3apr10.doc I Harris & Associates As Preliminarily As Approved Confirmed Estimated Cost of Design and Construction: $3,666,290 Estimated Incidental Expenses: $374,710 Estimated Financial Costs: $304,000 Estimated Total to Assessment: $4,345,000 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 \Newport Bwch\AD100\Reports \ad100 pmt rpt I3apr10.doc I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd /Adams Street/ Ocean Front) Preliminary Engineer's Report (Revised) Page 8 Table 1 Assessment Roll Asmt No. Assessor's Parcel Number Total True Value Existing Liens Assessments as Preliminarily Approved Assessments Value as Confirmed to Lien and Recorded Ratio 1 047 -240 -01 $4,790,415 $0 $232,103.73 21 2 3 4 - 5 6 939 -71 -011 939 -71 -012 047-241Z2 047-241-03 047 -241 -04 $1,003,000 $496,054 $75,5_35_ $2,512,500 - $439,652 _ $0 $0 $0 - $0 - $0 _- $8,860.83 $8,860.83 $17,721.68 -- $17,721.68 - $17,721.68 113 56 4 — 142 -- - -- -- -----25--- 7 8 047 -241 -05 939-71-UI $631,673 $1,003,178 $0 $0 $17,721.68 $8,860.83 36 113 9 939 -71 -022 $653,894 $0 $_8,860.83 74 10 11 12 13 047-241-07 _047 -241 -08 047 -241 -09 047 - 241 -10 $287,353 $97,553 $290,888 $107,119 $0 $0 $0 $0 — $17,721.68 $17,721.68 $17,721.68 16 6 16 - - 6 14 15 047 - 241 -11 047- 241 -12 $107,052 $513,328 $0 $0 $17,721.68 $17,721.68 6 29 16 939 -71 -017 $608,006 $0 $8,86_0.83 69 17 18 _ 939 -71 -018 047- 241 -24 _ $898,627 $158,559 $0 $0 $8,860.83 101 8 19 20 047 - 24143 047- 241 -21 $140956 $152,091 $0 $0 _$20,490.68 $20,496.68 $20,490.68 7 7 21 047 - 241 -20 $1,516,362 $0 $20,490.68 74 22 047 - 241 -19 $127,740 $0 $20,490.68 6 23 047 - 241 -18 $5,972,584 _ $0 $20,490.68 291 24 047 - 241 -17 $2,620,101 $0 $20,490.68 128 25 047 - 241 -16 $118,388 $0 $20,490.68 6 26 047- 241 -15 $178,906 $0 $20,490.68 9 27 047 - 241 -14 $245,386 $0 $41,535.18 6 28 047 -251 -01 $994,478 $0 $17,721.68 56 29 047 -251 -02 $89_2,223 $0 $17,721.68 50 30 _ _ 047 -251 -03 $83,201 $0 $17,721.68 5 31 047 -251 -04 $82,847 $17,721.68 5 32 047 -251 -05 $738,628 $0 $17.721.68 42 37 047 -251 -09 17,721.68 17,721.68 17.721.68 I 42 047- 251 -22 $116,273 $0 $20,490.68 6 43 047 - 251 -21 $1,026,148 $0 $20,490.68 50 44 047 - 251 -20 $6.150.000 $0 $20.490.68 300 Q:INewpon BmchWD100V2eports\ad100 prel rpt 13aprl0.doc I Hams & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd 1 Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 9 Assessor's Total $242,009 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 46 047 - 251 -18 $2.773.858 $0 $20.490.68 135 48 047 - 251 -16 $242,009 $0 49 047 - 251 -15 $2,387,065 $0 50 047- 251 -14 $1,51_5,621 $0 51 047- 251 -13 $5.095.138 $0 $20,490.68 259 $20,490.68 12 $20,490.68 116 68 74 68 249 77 257 04 6 68 5 55 047 -252 -04 $486,959 $0 $17,721.68 27 56 047 -252 -05 $590,437 $0 $17,721.68 33 57 047 -252 -06 $510,110 $0 $17,721.68 29 _..58 047 -252 -07 $286,956 $0 $17,721.68 16 60 047 -252 -09 $982,631 $0 $17,721.68 61 047 - 252 -10 $1,172,000 $0 $17,721.68 62 047 - 252 -11 $560,960 $0 $17,721.68 63 047 - 252 -12 $90,663 $0 $17,721.68 Id 55 66 32 5 126 257 67 047 - 252 -23 $901,011 $0 $22,705.89 40 68 047 - 252 -22 $951,063 $0 $22,705.89 42 69 0_47- 252 -21 $4,581,934 $0 $22,705.89_ 202 70 047 - 252 -20 $1,326,962 $0 $22,705.89 _ 58 72 047 - 252 -18 $1,579,967 $0 $22,705.89 70 73 047 - 252 -17 $230,040 $0 $22,705.89 10 74 047 - 252 -16 $2.065.635 $0 $22.705.89 91 75 047 - 252 -15 $1,660,743 $0 $22,705.89 73 76 047 -281 -01 $125,455 $0 $17,721.68 7 77 047 -281 -02 $100,162 $0 $26,582.51 4 78 047 -281 -03 099,694 $0 $26,582.51 11 79 047 -281 -04 $642,907 $0 $17,721.68 36 80 047 -281 -05 $1,750,993 $0 $17,721.68 99 82 047 - 281 -24 $1,654,422 $0 $17,721.68 50 93 83 - 047- 281 125 $1498,915 $0 $17,721.68 — 28 84 047 -281 -08 $186,908 $0 $17,721.68 047 - 281 -21 11 85 047 -281 -09 $147,159 $0 $17,721.68 $1,535,961 8 ua na7- 9R1 -1n PRAn'AiI an an 791 RA aA 88 047 - 281 -12 $883,140 $0 $17,721.68 50 89 047 - 281 -23 $1,945,373 $0 $22,705.89 86 90 047 - 281 -22 $5,500,000 $0 $22,705.89 242 91 047 - 281 -21 $6,139,500 $0 $22,705.89 270 92 047- 281 -20 $1,535,961 $0 $22,705.89 68 Q \Newpon BeachWD100\Reportsladl00 prel ipt 13apr10.doe Hams &Associates of Newport Beach April 13, 2010 .rground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street 1 Ocean Front) minary Engineer's Report (Revised) Page 10 121 Assessor's Total $0 Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 93 047 - 281 -19 $986,085 $0 $22,705.89 43 94 047 - 281 -18 $2,186,611 $0 $22,705.89 96 95 047 - 281 -17 $304,973 $0 $21,598.28 14 96 047 - 281 -16 $4,723,500 $0 $21,044.49 224 97 047- 281 -15 $355,605 $0 $20,490.68 17 98 047 - 281 -14 $527,744 $0 --$19,383.08 27 99 047 - 281 -13 $940,172 $0 $18,275.48 51 100 047282 -01 $456,429 $0 $5,166.98 88 101 047 -282 -02 $76,237 $0 $14,952.66 5 102 047 -282 -03 $1_22,117 $0 $18,829.27 6 103 936 -08 - -007 $343,819 $0 $8,860.83 39 - 104 936 -08 - 008_ - $371,653 -$0 $8,860.83 - - _- 42 - 105 047 -282 -05 $83,275 $0 $17,167.88 5 106 047 -282 -06 $437,174 $0 $16,614.07 26 107 047 - 282 -07 4,051 - $8_ $0 - - 6,060.27 $1 5 - - 108 047 - 282 -08 - $82,429 - -_-- $0 $14,952.66 6- - 109 047 -282 -09 $77,789 $0 $14,398.86 5 - - 110 047 - 282 -10 $1,217,000 $0 $14,39886 85 111 047 -282 -11 $95,233 $0 $13,291.26 7 112 047 - 282 -25 $1,016,763 $0 $10,522.24 97 113 047 - 282 -24 $1,521,754 $0 $17,721.68 86 114 047 - 282 -23 _ $48_7,252 $0 $17,721.68 -- - 27 115 047 - 2 82 -26 $2,53Q558 $0 $11,629.85 _-- 218 116 047 - 282 -27 $902,601 $0 $11,629.85_ 78 117 047- 282 -21 $728,334 - $0 $11,629.85 -- _ 63 118 047 - 282 -20 $3,366,000 $0 $11,629.85 289 119 047 - 282 -19 $104,098 $0 $11,629.85 9 121 047 - 282 -17 $120,859 $0 $11,629.85 10 122 047 - 282 -12 $1,664,640 $0 $5,909.07 282 123 047 - 282 -13 $279,760 $0 $11,629.85 - 24 124 047 - 282 -14 $126,125 $0 $11.629.85 11 126 047282 -15 $3,375,000 $0 $11,629.85 290 127 048 -023 -01 $596,692 $0 $6,274.58 95 128 048 -023 -02 $287,060 $0 $15,506.47 19 129 048 -023 -03 $1,216,696 - _ $0 _ $13,291.26 92 130 048 -023 -04 $109,591 $0 $13,291.26 8 131 048 -023 -23 $444.607 $0 $12.183.65 36 132 048 -023 -22 $72,439 $0 $12,183.65 6 133 048 -023 -21 $814,500 $0 $12,183.65 67 134 048 -023 -20 $67,730 $0 $11,629.85 6 135 048 -023 -19 $78,662 $0 $11,629.85 7 136 048 -023 -18 $1,665,000 $0 $11,629.85 143 137 048 -023 -17 $588,149 $0 $11,629.85 51 138 048 -023 -16 $723.976 $0 $11.629.85 62 Q:Wewport BmchWDl00 \Reports\ad100 pwl rpt 13apr10.doc I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd 1 Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 11 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 140 048 -023 -06 $280,720 $0 $11,629.85 24 141 048 -023 -07 $815,586 $0 $11,629.85 70 142 048 -023 -08 $241,299 $0 $17,721.68 14 143 048 -023 -09 $21760,201 $0 $17,721.68 156 144 048 -023 -10 $560,571 $0 $23,259.70 24 145 048 -023 -15 $13286,000 $0 $33876.62 332 146 048 -023 -14 $81,164 $0 $11,629.85 7 147 048 -023 -13 $179,445 $0 $9,968.44 18 148 048 -023 -11 $3,250,000 $0 $9,96_8.44 326 149 048 -0_23 -12 _ $767,414 $0 $14,952.66 51 1 50 048 -024 -01 $357,390 $0 $11,629.85 31 151M-024-02 $287,395 $0 $11,629.85 25 152 048 -024 -21 $597,601 $0 $34,335.74 17 153 048 -024 -20 $66,673 $0 $11,629.85 6 154 048 -024 -19 $4943871 $0 $11,629.85 43 155 048 -024 -25 $471,197 $0 $11,629.85 — — 41 156 048 -024 -24 $353,549 $0 $11,629.85 30 157 048 -024 -17 $31065 $0 $11,629.85 27 158 048 -024 -16 $392,578 $0 $11,629.85 34 159 048 -024 -27 $414,970 $0 $11,629.85 36 160 048 424 -26 $1,682,000 $0 $113629.85 145 161 048 -024 -04 $226,104 $0 $23,259.70 10 162 048 -024 -05 $150,747 $0 $11,629.85 13 163 048 -024 -06 $190,502 $0 $11,629.85 16 164 048 -024 -07 $243,427 $0 $11,629.85 21 165 048 -024 -08 $2,652,000 $0 $11,629.85 228 166 167 048 -024 -23 048 -024 -22 $1,498,409 $1,727,622 $0 $0 - -- $11,629.85 $11,62985 _ _ 129 _ 149 168 048 -024 -14 $609,976 $0 $3,876.62 157 169 048 -024 -13 $176,905 $0 $11,629.85 15 170 048 -024 -12 $73,707 $0 $9,968.44 7 172 048 -024 -11 $384.364 $0 $13.291.26 29 174 048 -073 -02 $282,444 $0 $11,629.85 24 175 048 -073 -29 $3,486,549 $0 $17,721.68 197 177 048 -073 -26 $684,453 $0 $11,629.85 59 178 048 -073 -25 $1,795,000 $0 $11,629.85 1 E 179 048 -073 -24 $791,308 $0 $11,629.85 68 180 048 -073 -23 $722,891 $0 $11,629.85 62 182 048 -073 -17 $895,147 $0 $11,629.85 77 183 048 -073 -16 $916,631 $0 $11,629.85 79 QANewport Beach\AD100\Reports\ad100 pwl rpt 13apr1O.doc 22 Hams & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 12 Assessor's Total Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 186 048 -073 -13 $407,550 $0 $14,398.86 28 187 048 -073 -05 $2,632,793 $0 $11,629.85 226 188 048 -073 -28 $4,309,500 $0 __$11,629.85 $11,629.85 371 189 048 -073 -27 $1,826,103 $0 $11,629.85 157 190 048 -073 -07 $406,610 $0 $17,721.68 23 192 048 -073 -09 $970,096 $0 $13,845.06 70 193 048 -073 -10 $2,428,020 $0 $11,629.85 209 194 048 -071 3-1 - $1,346,720 - $0 $131845.06 - - 97 195 048 -073 -12 $895,179 $0 $13,845.06 65 196 048 -0 74 -01 $66,669 $0 $11,629.85 6 197 048 -074 -02 $1,513,500 $0 $11,629.85 130 198 048 -074 -03 $63,006 $0 $11,629.85 5 199 048 -074 -04 $3,264,000 $0 $11,629.85 281 200 048 -074 -05 $117,753 $0 $11,629.85_ 10 - 201 --048--074-23 - 048 -074 -23 - $80,346 $0 _... - -- $11,985 - -- - 7 202 048 -074 -22 $106,417 $0 $11,629.85 9 203 048 -074 -21 - _ $697,307 $0 - $11,629.85 - -- -- -- 60 - 204 048 -074 -20 $201.832 $0 $11.629.85 17 205 04_8 -074 -19 $50,832 M6-048-074-1 8 $1,875,000 207 048 -074 -17 $482.184 4 41 213 048 -074 -26 $158,172 $0 _ $_11,629.85 14 214 048 -074 -27 $3,036,221 $0 $11,629.85 261 215 048 -074 -09 $160,094 $0 $11,629.85 14 216 048 -074 -10 $1,193,499 $0 $11,629.85 103 218 048 -074 -28 $1,215,286 $0 $11,629.85 104 219 048 -074 -29 $3,500,000 $0 $11,629.85 301 221 048 -081 -21 $629,043 $0 $23,813.50 26 223 048 -081 -26 $1,590,000 $0 $13,291.26 120 224 048 -081 -27 $2,236,000 $0 $13,291.26 168 226 048 -081 -16 $87,356 $0 $13,291.26 7 228 048 -081 -18 $86,861 $0 $13,291.26 7 229 048 -081 -06 $139,839 $0 $13,291.26 11 230 048 -081 -15 $138.789 $0 $13.291.26 10 QANewport BeachWD100 %Reports\ad100 pml rpt 13apr10.doc M Harris & Associates of Newport Beach April 13, 2010 arground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) minary Engineer's Report (Revised) Page 13 Assessor's Assessments as Assessments Value Asmt Parcel True Existing Preliminarily as Confirmed to Lien No. Number Value Liens Approved and Recorded Ratio 232 233 234 235 236 932 -94 -106 932 -94 -107 048 -081 -12 048 -081 -11 048 -081 -10 $1,273,449 $1,697,932 $291,827 S117,051 $689,123 $0 $0 $0 $0 $6,645.62 $6,645.62 $13,291.26 $13,291.26 - $13,291.26 -- 192 255 22 9 _ - 52 237 238646M1-24 048 -081 -09 $2,609,849 $1,420,835 $0 $0 $13,291.26_ $13,291.26 196 107 239 048 -081 -23 $1,785,181 $0 $13,291.26 134 240 241 242 243 048 -081 -07 048 -082 -01 048 -082 -02 048 -08213 $2,087,845 $535,758 $0 $385,459 $0 $0 $0 $0 $13,291.26 _ $13,291.26 $29,462.28 $13,291.26 - -- 157 - 40 N/A 29 244 245 246 247 048 -082 -14 048 -082 -15 048 -082 -11 048 -082 -10 $208,798 $247,464 $301,589 $110,015 $0 _ $0 $0 $0 $13,291.26 $13,291.26- $13,291.26 $13,291.26 16 - -- 19 23 8 248 -249 048 -082 -09 $3,631,681 $0 _ _ _ $13,291.26 273 250 048 -082 -ff 048 -082 -07 -- $1,743,272 $712,261 _ -$0 $0 $13,291.26 $13,291.26 54 251 048 -082 -06 $105,649 $0 $13,291.26 8 252 048 -082 -17 $2,638,527 $0 $13,291.26 199 253 048 -082 -16 $4,590,000 $0 $13,291.26 345 254 048 -082 -04 $2,309,412 _ $0 $13,291.26 174 255 048 - 121 -01 $2,279,074 $0 $34,889.54 65 256 048 -121-02 $285,108 $0 $16,060.27 18 257 048 -121 -03 $560,237 $0 $16,060.27 35 258 048 -121 -04 $315,393 $0 $16,060.27 20 259 048 -121 -05 $224,201 _ $0 $16,060.27 14 260 048 -121 -06 $224,201 $0 _ $16,060.27 14 261 048 -121 -07 $99_9,600 $0 $16,060.27 62 262 048 - 121 -20 $488,953 $6,834 $5,460.50 40 265 048- 121 -18 $1,090,093 $0 $16,060.27 68 266 048 - 121-17 $185.582 $0 $16.060.27 12 Q:INewport BeachWD100\Reports\ad100 prel rpt 13aprt0.doc M I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 14 Table 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $4,345,000 B. UNPAID SPECIAL ASSESSMENTS $20,639 TOTAL A& B $4,365,639 C. TRUE VALUE OF PARCELS $288,451,781 ** AVERAGE VALUE TO LIEN RATIO 66:1 * Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. CERTIFICATION I, the undersigned Assessment Engineer, do hereby certify that (i) the total amount of the principal sum of the special assessments proposed to be levied, together with the principal amount of previously levied special assessments, as set forth above, do not exceed one -half (1/2) the total true value of the parcels proposed to be assessed, and (ii) the amount proposed to be assessed upon any parcel does not exceed one -half of the true value of the parcel. EXECUTED on April 13, 2010. HARRIS & ASSOCIATES R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q:\NewportBeach\ADIOO\Rcports\adlOO prel rpt 13apri0.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd l Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 15 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 returned 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 BENEFITS In further making the analysis, it is necessary that the properties receive a special benefit distinguished from general benefits conferred on real property located in the District or to the public at large. The purpose of this Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities as well as rehabilitate the affected portions of streets and alleys within the District. These facilities are the direct source of service to the properties within the Assessment District. Q:\Newport Beach\AD100 \Reports \ad100 pwl rpt I3apr10.doc M I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd 1 Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 16 The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities and removal of the existing utility poles and the overhead wires will provide a special benefit to the parcels connected to and adjacent to, or in near proximity of, the facilities as follows: ■ Improved Aesthetics Benefit. This benefit relates to the improved aesthetics of the streetscape due to the removal of overhead wires and utility poles. For the purposes of this report, a street is defined as either a street or alley. The removal of guy wires and other support structures related to the overhead facilities are included in the definition of improved aesthetics. Properties that are adjacent to, or in proximity of, overhead facilities receive an aesthetic benefit. 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. Falling facilities can lead to personal injuries and damage to structures, including fire. Properties immediately adjacent to the facilities usually have a greater risk. Furthermore, in compact communities like Balboa Peninsula, the negative effects of falling lines and poles are more widespread including blocked roadways and alleys, and property damage due to impact. Properties that are adjacent to, or in proximity of, overhead facilities receive a safety benefit. 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. When compared to overhead systems, fewer outages occur due to various acts of nature, traffic collisions and obstructions (such as trees). Properties that are connected to, or have the ability to connect to, the facilities proposed to be undergrounded receive a connection 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. GENERAL BENEFITS Section 4 of Article XIIID requires that the general benefits imparted by the utility undergrounding project be separated from the special benefits and that only the special benefit portion of the costs of the project be assessed against those parcels which are identified as receiving special benefits. Separating the general from the special benefits requires an examination of the facts and circumstances of the project and the property being assessed. In this particular assessment district, the streets and alleys along which the existing overhead utility facilities are being undergrounded function as local and collector streets. No other roadways are designated as an arterial, a major arterial or a scenic corridor in the Transportation Element of the City's General Plan. Furthermore, the City has an established network of arterial streets which appear to function as intended to provide for the movement of traffic around and through the community at large without the need to utilize local collector streets for such purposes. Under these circumstances, any use of the streets within the assessment district as "through" streets is incidental. With the exception of Newport Elementary School at the westerly end of the project and the telephone equipment building at the easterly end, the properties situated within the assessment Q:\Newport Beach\AD1001Reports \ad100 prel rpt 13apr10.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 17 district are used almost exclusively as residential. Under this circumstance, the impacts, both visual and safety, are largely isolated to those properties (and the persons who inhabit them) which front on these local streets and alleys, with only incidental impacts on those who visit homes within the assessment district or who pass through the assessment district on trips originating outside the boundary and having a destination outside the boundary. Based on these facts and circumstances, any general benefits to the property within the Assessment District in general, to the surrounding community and to the public at large from the project of undergrounding these local overhead utility facilities on the local streets and alleys, such as to the general public visiting in cars, on bikes or on foot, are incidental and do not exceed five percent (5 %) of the estimated project costs. This general benefit portion of the cost is more than offset by the 11.56 percent utility company contribution. Therefore, $3,885,711 of the $4,090,222 total project design and construction costs represents the local and special benefits to the parcels within the Assessment District. Because only the net amount of $3,666,290 is apportioned to the parcels within the District, no parcel is assessed more than its proportional share of the special benefits from the improvements. 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. The more a property is developed, the more it benefits from the proposed improvements. Most of properties within this Assessment District are zoned residential and some have one or two dwelling units on them. 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 (si), which accounts for any minor area calculation inconsistencies. Consideration was given to reducing the amount of area assigned to parcels based upon the building setbacks applicable to each parcel. Due to the combined factors of (a) significant variations in the setback requirements, including front, side and rear setbacks, (b) availability of future variances from currently applicable setback requirements as well as existing variances already in place, and (c) significant variations in the ratios between building size and lot size, it was concluded that adjustments to parcel areas on account of setback requirements would not improve upon the assessment methodology. Accordingly, no reductions have been made to parcel area based upon applicable setback requirements or the existence of easements within those setbacks. Q:INewport Bmch\AD100utepotts \ad100 prel rpt 13apr10.doe Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 18 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 The following are parcels whose benefits do not fit the above methodology, as explained below. Assessment No. 1, Newport Elementary School. This property is deemed to receive no Aesthetic Benefit from the undergrounding project, as improved aesthetics does not impact the desirability of a school property. This property is considered to receive full Improved Safety Benefits from the undergrounding project. This property receives only cable services from the undergrounding project (1 of the 3 services available to the other properties); the other two services are provided from facilities on 14th Street, from the utility system that was undergrounded by AD 99 -2. Therefore, this property is deemed to receive only 1/3 the Connection Benefit. Therefore, this property receives 0 + I + 1/3 = 1.33 of 3 of the benefits from the undergrounding project. Therefore, this property receives 4/9 the benefit of other properties. Its rounded parcel area has been multiplied by 4/9 to calculate the Assessed Parcel Area to fairly apportion the costs. 2. Assessment Nos. 52, 64, 100, 122, 127, 145, 168 and 173. These parcels are connected to the utilities that are proposed to be underground; however, the poles, wires and guy wires to be undergrounded are not in close proximity to these properties and do not provide significant aesthetic benefits to them, nor would they encroach upon these properties should they fall. These parcels do not receive the same level of benefits as other parcels in the District; they receive a Connection Benefit, but no improved Aesthetic or Safety Benefits. Therefore, these properties receive 0 + 0 + 1 = 1 of 3 of the benefits from the undergrounding project. Their rounded parcel areas have been multiplied by 1/3 to calculate the Assessed Parcel Area to fairly apportion the costs. 3. Assessment No. 242, the Telephone Equipment Building. This property houses telephone equipment. Because of its use, this property is not intended for habitation or commerce and has no parking facilities on the property. Therefore, this property is not considered to receive any aesthetic benefits associated from this undergrounding project. However, it is considered to receive full safety benefits. Also, although this parcel has all utilities available to it, it is not considered to benefit from the telephone service (as this property provides the telephone service to the surrounding area) or the cable service (because of its use). Therefore, this property receives 1/3 the Connection Benefit. Therefore, this property receives 0 + 1 + 1/3 = 1.33 of 3 of the benefits from the undergrounding project. Its rounded parcel area has been multiplied by 4/9 to calculate the Assessed Parcel Area to fairly apportion the costs. Q:\Newpon BeacWAD100 \Reports\ad100 pwi rpt 13apr10.doe Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd 1 Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 19 4. Assessment Nos. 263 and 274. In 2004, these properties were included in Assessment District No. 75. These properties were previously assessed for their special benefits related to that utility undergrounding project; however, their assessments were discounted by 20% because of the addition of the guy pole at the corner of Adams Street and the alley. Therefore, these properties are assigned a factor of 0.2 (20 1/o) for their special benefits from this current undergrounding project. Their rounded parcel areas have been multiplied by 0.2 to calculate the Assessed Parcel Area to fairly apportion the costs. Any additional special benefits that may be perceived to apply to these parcels are offset by the utility company contribution not allocated to the general benefits associated with this utility undergrounding project. 5. Assessment No. 262. In 2004, this property was included in Assessment District No. 75. This property was previously assessed for its special benefits related to that utility undergrounding project; however, its assessment was discounted by 34% because of the addition of a new riser pole at its westerly corner in the alley. Therefore, this property is assigned a factor of 0.34 (34 %) for its special benefits from this current undergrounding project. Its rounded parcel area has been multiplied by 0.34 to calculate the Assessed Parcel Area to fairly apportion the costs. Any additional special benefits that may be perceived to apply to this parcel are offset by the utility company contribution not allocated to the general benefits associated with this utility undergrounding project. 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 Appendix A. For particulars to the Assessment Roll, reference is made to Table 1 in Part III of this report. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. DATED: April 13, 2010 HARRIS & ASSOCIATES QROFESSI01 h O C' AN O41{965E. F R.C.E. No. ASSESSMENT ENGINEER rn CITY OF NEWPORT BEACH awc NO. 41965 it EXP. 3/31/12 1t COUNTY OF ORANGE, STATE OF CALIFORNIA OF Q:Wewport Beaoh44D1001Beportstad100 prel rpt I3aprl0.doe I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street f Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) 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 , 2010. 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 12010. 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 '2010. 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 , 2010. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA QANewport Beach\AD100\ReNns \ad100 pml tpt 13aprl0.doc I Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 21 Part IV Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CITY OF NEWPORT BEACH, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code and shall not exceed fifty dollars ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. Q:\Newport Beach\AD100 \Reports\ad100pre1 rpt 13apr10.doc Hams &Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street/ Balboa Blvd /Adams Street/ Ocean Front) Preliminary Engineer's Report (Revised) 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:1Newport Beach\AD100U2epotts\ad100 prel rpt 13apr10.doc Harris & Associates City a Newport Beach a n% ao Underground Utility Assessment District No. me» Street Balboa Blvd I Adams Street Ocean Front) Preliminary Engineer's Report (Rev . ) met j_\ - ,)) j \<\ \ /\ � N y ' t2 i r ►.�� | ' ! o ®� � — -! | • )6\\ , /,4: «EE§= k \k 00 / _ ! / z0>M UJ { / ` 1 i i )(n ; | Mi / ~ ° 2 | M'R! !F; i | -h- FM . — | FM -| R-M� | | * i | §_| (OT I]H3 m » )/ M & & d�� _,_� ee� _mw# _w City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street/ Ocean Front) Preliminary Engineer's Report (Revised) Page 24 a a, r s x 3� c o q C O lyi G O N U Qw \Z O y YO O O O —(n O O M Z N (: al- E z. z 0 ' Woo U� QFQ .< U Q Z Q Q m( Z 3 O Wpm° $� z Q fwd w0 O >> Q \ F N N N L M r` 0 0 0 Ol a 0 y `0 m m m Q ♦ I� ♦ °S I / ♦ ♦ C �S5 N / v, C♦ J/ m. O♦ yN me. 0g I L. 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H1C[ als' asc N nl �[ H N ♦ ♦ O� I n h / O� N ♦ N / /\rte I /1 I I= �4 ♦2 /O ♦ ♦ Q:QQewport Bmch\AD100\Reports\ad100 prat rpt 13aprl0.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street 1 Ocean Front) Preliminary Engineer's Report (Revised) Page 25 e -s 0 0 tL c 0 d U � O O xO N O L O O' n <Z m za a - SXO U V c�i o4 < �Q =< ENV ab mo �1• C)Z ¢ H V Nm m z <�a ° Qm U w+ N W L W s r` a O 0 0 0 Ql a 0 0 N W v m • • • ♦ O • m 7/ e e O • m oe N m ♦ N 3 ♦ •- a ♦ O` I / 0r ♦ s._ ze © m / m d ♦ N N Niel `vp� / � • N /l��als °O H10G • ♦ O • o / m a ��i • N O� n / N� J ; N • • ♦ a /ti N1�L •0 0 cJ Q OY/ � O ♦ 3� e ♦ a / ♦ I e X15: Q %Newport BeachlADi0Mcports\ad100 prel Jpt 13apr10.doc Harris & Associates g S '^xca s W r gE a. i ' oO • L w �J � V 133HS 33S 3NIlHOi M • • • ♦ O • m 7/ e e O • m oe N m ♦ N 3 ♦ •- a ♦ O` I / 0r ♦ s._ ze © m / m d ♦ N N Niel `vp� / � • N /l��als °O H10G • ♦ O • o / m a ��i • N O� n / N� J ; N • • ♦ a /ti N1�L •0 0 cJ Q OY/ � O ♦ 3� e ♦ a / ♦ I e X15: Q %Newport BeachlADi0Mcports\ad100 prel Jpt 13apr10.doc Harris & Associates City of Newport Beach Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Reoort (Revised) e e_ I I/ e I m • O O0 m me lg • r o m r � / N r ©a r � N r �o z w i �• u i w i i J 0 O LL O N U z Y Q Q 0 L O O (n 0 MZ N rQ <F- E z z 0 3 b 0 Q�Q =Q Z LO m p r �Z 5 as (n :2 w( n Z U) W 00 it ¢Q o i~ U Y N N t M f` 0 O O M a 0 y Lo m y m N Q l S BINS 33S 3NI�HO1VVI I - H18 I I Q' r f m O m , m / Or � 0 N 1 N p N n I I 'm r N N gals Hls IZ Z I� f� i3 f f I f I f �aE� as Piz April 13, 2010 26 Q:Wewport BeachWD100ULeports1ad100 prel rpt l3apr10.doc Hams & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street/ Balboa Blvd /Adams Street/ Ocean Front) Preliminary Engineer's Report (Revised) Page 27 r ^$ G A r rd" I r Q I JI tO r O - r I N n � N N r � N / m / I ' Oi. r lsaais Nis _E Nis aR w � I 9 133HS 33S 3NIlHOiVh C O li C CJ Q1 U O w 4 0 O o O — U) 4 L O n o �z N it:< <�— E z. 5 (7U-0 u� QE< is ENV QU Uj M, a �z moa Nes wV i N <V)i -° o Qm \ U 0 N at V) a O Y M a _uf `o m m N Q is 1s3als �� r We I / r N IN N r r N O I r- r a Im i r � r a I io 0 s o a ,3 I Q:1Newport BeachWD100\Reports\ad100 prel tpt l3aprl0.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street f Ocean Front) Preliminary Engineer's Report (Revised) Page 28 R E v u�y m y�zW z °cos =a�u a w J � h L BINS 33S 3NIIH3iVN i v� r M O C O \O p 40) a K � N O OWN O :2Z N [:< QF E zir C�7 U 0 v QKQ is ONE Qo WZ��k wNm� w N a Z QNL O Qm Z \ U m d !n t au a Y O O m Q M M m M N I 0 , e/ J O/ CO O I QI C& M r / Or- r r . a 1 3�Ib I r a M . r r r r m I N O / N N N N r N� 1332i1S; H19 A bM . "CNJ m I � N I N I O r n I O ^ N • O �Z oa m /L N N M ;0 a W � N I �J� I r I M �r� I �Nb7Sl i All o_ I I r /ti /o 'o I3 I Q:\ Newpor tBeach\AD100Meports\ad100prelrpt Bapr10.doc I Hams & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd I Adams Street 1 Ocean Front) Preliminary Engineer's Report (Revised) Page 29 B Ila ��15 • O S�b�b ♦ 0 m O♦ m C O �o ty I • N ♦ C N U ♦ � M O M N 0� N O M O :2Z ` cMc 0 a � � OF��O �^ w� O> o]O �Q♦ v • ° Z H W 0 Q M� m n �w 0 OF OJ D) NAM �W QT♦ ^��,, / N 01 0 z (n W O v. T / ♦/� Q�� O ^�'�� O •_ U I � / O u1 m �Q" 41 a1 M ♦(� � ♦ I O o W to • S �Da03 M / r • O� M N p s ♦ of m • o O 01 • N • d O �Q N a ^ 4VAA Q:\NewportBeach\ADIOO\Reports\adlOOpmlrpt 13apr10.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street 1 Ocean Front) Preliminary Engineer's Report (Revised) 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. 100. 1. Acquisition of any required easements or rights -of -way. 2. Removal of existing utility poles. 3. Removal of overhead resident service drops. 4. Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes and pullboxes, and installation of cabling, wiring and other facilities. 5. Construction of service conduit and appurtenances. The improvements have been designed by the Southern California Edison Company, AT &T and Time Warner Cable. The utility companies will be responsible for inspecting the work for their facilities and 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 36 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 120 days of the completion of the underground facilities. Failure to convert individual service connections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 of the Municipal Code. Overhead facilities cannot be removed until all overhead service has been discontinued. Q:\Newport Beach\AD100aeports \ad100 pml rpt 13apr10.doc Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd 1 Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) Page 31 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. 100 (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: All easements or right -of -way necessary for the construction and installation of the public improvements of the Assessment District either have been obtained or are in process of being obtained and will be obtained and in the possession of the affected utility company, the City, the County of Orange or the State of California prior to commencement of the construction and installation of such public improvements. EXECUTED this day of , 2010, at CITY OF NEWPORT BEACH, California SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH State of California LE Q:\Newport. Beach\AD100\Reports \ad100 prel rpt 13aprl0.doc Stephen Badum, PE Harris & Associates City of Newport Beach April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) 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: 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. 100 (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 2010, at CITY OF NEWPORT BEACH, California. By: Stephen Barium, PE CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q:\Newport BeachWD100aeports\ad100 prel rpt 13apr10.doc I Harris & Associates City of Newport Beach 18 _ 19 20 21 047 - 241 -24 047 - 241 -23 047 - 241 -21 047 - 241 -20 3,700 3,700 3,700 3,700 1.00 1.00 1.60 1.00 3,700 $17,289.94 3,700 $17,289.94 3,700 -- $1728994 3,700 $17 289.94 $1,767.10 $1,767.10 -- $1,767.10 $1,767.10 April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) 047 - 241 -18 Preliminary Engineer's Report (Revised) 1.00 3,700 $17,289.94 $1,767.10 $1,433.64 $20,490.68 Appendix A -Page I 24 25 26 047 - 241 -17 047 - 241 -16 047 215 41 - 3,700 3,700__ _ 3,700 Appendix A - Assessment Calculations 3,700 $17,28994 3,700__ _ $17,289.94 - $17,289.94 $1,767.10 _ $1,767.10 - $1,767.10 $1,433.64 $20,490.68 $1,433.64 $20,490.68 $1,433.64 $20,490.68 1200 W OCEAN FRONT 27 047- 241 -14 7,500 100 _3,700 7 ,500 $35,047.18 $3,581.97 Assessor's Parcel 1149 W BALBOA BLVD 1145 W BALBOA BLVD Assessed Total 3,200 3,200 1.00 1.00 Preliminary Property Asmt Parcel Size(sf) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 1325 W BALBOA BLVD 1 047- 240-01 94,300 0.44 41,911 $195,848.37 $20,016.40 $16,238.96 $232,103.73 1249W BALBOA BLVD 2 93971 -011 106 1.00 1,600 $7476.73 $764.15 $61995 $8,960.83 1249 W BALBOA BLVD 3 939 -71 -012 1,600 1.00 1,600 $7,476.73 $764.15 $619.95 $8,860.83 1245 W BALBOA BLVD 4 047 - 241 -02 3,200 1.00 3,200 $14,953.46 $1,528.31 $1,239.91 $17,721.68 1241 W BALBOA BLVD 5 047 - 241 -03 3,200 1.00 3,200 $14953.46 $1.528.31 $1,239.91 $17,721.68 1237 W BALBOA BLVD 6 047 - 241 44 3,200 1.00 3,200 $1495146 $1,528.31 $1,239.91 $17,721.68 1235 W BALBOA BLVD 7 047 - 241 -05 3,200 1.00 3,200 $14,953A6 $1,528.31 $1,239.91 $17,721.68 1229 W BALBOA BLVD 8 939 -71 -021 1,600 1.00 1,600 $7,476.73 $764.15 $619.95 $8,860.83 1229 W BALBOA BLVD 9 939 -71 -022 1,600 1.00 1,600 $7,476.73 $764.15 $619.95 $8,860.83 1225 W BALBOA BLVD 10 047 - 241 -07 3,200 1.00 3,200 $14,953A6 $1,528.31 $1,239.91 $17,721.68 1221 W BALBOA BLVD - - -- 11 -- 047- 241 -08 - 3,200 1.00 3,200 -_- $14,953.46 $1,528.31_. $1,239.91 -_- $17,721.68 1219 W BALBOA BLVD 12 047- 241 - 09 3,200 1.00 3,200 $14,953.46 _ $1,528.31 - $1,239.91_ $17,721.68 _ 1213 W BALBOA BLVD 13 047 - 241 -10 3,200 _ 1.00 3,200 $14,953.46 _ $1,528.31 $1,239.91 $17,721.68 1209 W BALBOA BLVD 14 047 - 241 -11 3,200__ 100 3,200 $14,953.46 $1,528.31___$1,239.91__ $17,721.68_ 1205 W BALBOABLVD 15 047 - 241 -12 3,200 - - 1.00 8,200 $14953.46 _ $1,528.31 $1,239.91 $17,721.68 1201 W BALBOA BLVD 16 939 -71 -017 1,600 1.00 1,600 $7,476.73 $764.15 $619.95 $8,860.83 10712TH ST 17 939 -71 -018 1600 100 1800 $747673 $764.15 $61995 $8860.83 1242 W OCEAN FRONT 1236 W OCEAN FRONT 1232 W OCEAN FRONT 1228 W OCEAN FRONT 18 _ 19 20 21 047 - 241 -24 047 - 241 -23 047 - 241 -21 047 - 241 -20 3,700 3,700 3,700 3,700 1.00 1.00 1.60 1.00 3,700 $17,289.94 3,700 $17,289.94 3,700 -- $1728994 3,700 $17 289.94 $1,767.10 $1,767.10 -- $1,767.10 $1,767.10 $1,433.64 $20,490.68 $1,433.64 $20,490.68 $1,433.64 $20,490.68 -- $1,433.64 $20,490.68 $1,433.64 $20,490.68 1224 W OCEAN FRONT 22 047- 241 -19 3,700 1.00 3,700 $17 289.94 $1,767.10 1220 W OCEAN FRONT 23 047 - 241 -18 3,700 1.00 3,700 $17,289.94 $1,767.10 $1,433.64 $20,490.68 1216 W OCEAN FRONT 1212 W OCEAN FRONT 12 10 W OCEAN FRONT 24 25 26 047 - 241 -17 047 - 241 -16 047 215 41 - 3,700 3,700__ _ 3,700 1 00 1.00 1.00 3,700 $17,28994 3,700__ _ $17,289.94 - $17,289.94 $1,767.10 _ $1,767.10 - $1,767.10 $1,433.64 $20,490.68 $1,433.64 $20,490.68 $1,433.64 $20,490.68 1200 W OCEAN FRONT 27 047- 241 -14 7,500 100 _3,700 7 ,500 $35,047.18 $3,581.97 $2,906.03 $41,535.18 1149 W BALBOA BLVD 1145 W BALBOA BLVD 28 29 047 - 251 -01 047- 251 -02 3,200 3,200 1.00 1.00 3,200 $14,953.46 3,200 $14,95346 $1528.31 $1,528.31 $1,239.91 $17,721.68 $1,239.91 $17,721.68 1141 W BALBOA BLVD 30 047 - 251 -03 3,200 1.00 3,200 $14,953.46 $1,528.31 $1,239.91 $17,721.68 $17,721.68 1139 W BALBOA BLVD 1133 W BALBOA BLVD 31 32 047 - 251 -04 047 - 251 -05 3,200 3,200 1.00 1.00 3,200 $14,953.46 3,200 $14,953.46 $1,528.31 $1,239.91 $1,528.31 $1,239.91 $17,721.68 1129 W BALBOA BLVD 33 047-251-06 3,200 1.00 3,200 $14,953.46 $1,528.31 $1,239.91 $17,721.68 1125 W BALBOA BLVD 34 939 -71 -013 1,600 1.00 1,600 $7,476.73 $764.15 $619.95 $8,860.83 1125 W BALBOA BLVD 35 939 -71 -014 1,600 1.00 1,600 $7,476.73 $764.15 $619.95 $8,860.83 QANcwport B=MAD100\ Reports \ad100 prel rpt 13apr10.doe Hams & Associates City of Newport Beach 66 047- 252 -24 4,100 1.00 4,100 $19,159.12 April 13, 2010 Underground Utility Assessment District No. 100 (13th Street 1 Balboa Blvd I Adams Street I Ocean Front) 67 68 69 70 71 72 73 Preliminary Engineer's Report (Revised) 4,100 4,100 4,100 4,100 4,100 4,100 1.00 _ 1.00 - 1.00 1.00 1.00 1.00 4,100 _ -. 4,100 4,100 4,100 4,100 4,100 4,100 _ $_19,159.12 _ $19,159.12 - $19,159.12 _ $19,15912 $19,159.12 - $19,159.12 $19,159.12 Appendix A - Page 2 $22,705.89 $22,705.89 _ $22,705.89_ $22,705.89 $22,705.89 Appendix A - Assessment Calculations 1004 W OCEAN FRONT 1000 W OCEAN FRONT 951 W BALBOA BLVD - 945W 8ALBOA BLVD __943 W BALBOA BLVD 935 W BALBOA BLVD 933 W BALBOA: BLVD 74 75 76 77 78 _ 79- 80 047 - 252 -16 047- 252 -15 047 - 281 -01 _ 047 - 281 -02 047- 281 -03 - 047- 281 -04 047 - 281 -05 4,100 4-J00-1:60 3,200 4,800 _4,800 3,200 3,200 1.00 1.00 1.00 1.00 lbo 1.00 _ 4,100 4,100 3,200 4,800 _ 4,800 3,200 3,200 $19,159.12 ___ $19,159.12 $14,953.46 _ $22,430.19 _ $22,430.19 _ $14953.46 $14,953.46 $1,958.14 _ $1,958.14 $1,528.31 $2,292.46 $2,292.46 $1528.31- _ $1,528.31 $1,588.63 Assessors Parcel $22,705.89 $17,721.68 _ $26582.51 Assessed Total $1,239.91 $1,239.91 _ $17,721.68_ $17,721.68 Preliminary Property Asmt Parcel Size (sf) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 1025 W BALBOA BLVD 59 047- 252 -08 6,300 1.00 6,300 $29,439.63 $3,008.85 $2,441.06 $34,889.54__ 1017W BALBOA BLVD 60 047 - 252 -09 _ 31200 - 1.00 3,200 $14,953.46 $1,528.31 $1,239.91 $17,721.68 1015 W BALBOA BLVD 61 047 - 252 -10 3,200 1.00 3,200 $14,953.46 $1,528.31 $1,239.91 $17,721.68 1009 W BALBOA BLVD 62 047- 252 -11 3,200 1.00 3,200 $14,953.46 $1,528.31 $1,239.91 $17,721.68 1005 W BALBOA BLVD 63 047- 252 -12 3,200 1.00 3,200 $14,953.46 $1,528.31 $1,239.91 $17,721.68 1001 W BALBOA BLVD 64 047 - 252 -13 1,900 0.33 633 $2,957.98 $302.32 $245.27 92 $3,505.57 10710TH ST - 65 047- 252 -14 1,300 1.00 - 1,300 _ _ - $6,o74.84 -- $503.71 93 $7,199.42 - 1036 W OCEAN FRONT 66 047- 252 -24 4,100 1.00 4,100 $19,159.12 $1,958.14 $1,588.63 $22,705.89 1032 W OCEAN FRONT 1028 W OCEAN FRONT - - -- - 1024 WOCEAN FRONT 1020WOCEANFRONT 1018 W OCEAN FRONT 1012 W OCEAN FRONT 1006 W OCEAN FRONT 67 68 69 70 71 72 73 047- 252 -23 047- 252 -22- - --1 047 - 252 -21 -- 47- 0252 - 20_4,100__.._1.00 _ 047 - 252 -19 047 - 252 -18 047 - 252 -17 4,100 4,100 4,100 4,100 4,100 4,100 1.00 _ 1.00 - 1.00 1.00 1.00 1.00 4,100 _ -. 4,100 4,100 4,100 4,100 4,100 4,100 _ $_19,159.12 _ $19,159.12 - $19,159.12 _ $19,15912 $19,159.12 - $19,159.12 $19,159.12 $1,958.14 _ _$1,588.63 $1958.14- $1,958.14 $1,958.14 $1,958.14 $1,958.14 $1,958.14 -- $1,588.63 __- $1,588.63_ $1,588.63 $1,588.63 $1,588.63 $11588.63 $22,705.89 $22,705.89 _ $22,705.89_ $22,705.89 $22,705.89 $22,705.89_ $22,705.89 1004 W OCEAN FRONT 1000 W OCEAN FRONT 951 W BALBOA BLVD - 945W 8ALBOA BLVD __943 W BALBOA BLVD 935 W BALBOA BLVD 933 W BALBOA: BLVD 74 75 76 77 78 _ 79- 80 047 - 252 -16 047- 252 -15 047 - 281 -01 _ 047 - 281 -02 047- 281 -03 - 047- 281 -04 047 - 281 -05 4,100 4-J00-1:60 3,200 4,800 _4,800 3,200 3,200 1.00 1.00 1.00 1.00 lbo 1.00 _ 4,100 4,100 3,200 4,800 _ 4,800 3,200 3,200 $19,159.12 ___ $19,159.12 $14,953.46 _ $22,430.19 _ $22,430.19 _ $14953.46 $14,953.46 $1,958.14 _ $1,958.14 $1,528.31 $2,292.46 $2,292.46 $1528.31- _ $1,528.31 $1,588.63 $22,705.89_ $1,588.63 $1 239.91 _ $1,859.86 $22,705.89 $17,721.68 _ $26582.51 _ $1,859.86 $26,582.51 $1,239.91 $1,239.91 _ $17,721.68_ $17,721.68 929 W BALBOA BLVD 81 047 - 281 -06 3,200 1.00 3,200 $14,953.46 $1,528.31 $1,239.91 $1,239.91 $1,239.91 $1239.91_ -- $1,239.91 $17,721.68 $17,721.68 _ $17,721.68 $17,721.68 $17,721.68 _ _ 925 W BALBOA BLVD 82 047--281-24 3,200 1.00 3,200 $14,953.46 $1,528.31 - -- - -- - _ _ _ 921 WBALBOA BLVD 83 047 - 281 -25 3,200 1.00 -3,200 $14,953.46 $1,528.31 917WBALBOABLVD 84 047 - 281 - 083,200 100 -3,200 - $14,953.46 $152831_ 913 W BALBOA BLVD _ _ 909 W BVD - ALBOA BL 85 _..86.. 047 - 281 -09 __ -047- 281 -10 3,200 3,200 1.00 1.00 3,200 3,200 _- $14,953.46 $1,528.31 $14,953.46 $1,239.91 $17,721.68 905 W BALBOA BLVD 87 047 - 281 -11 3,200 1.00 3,200 _ _ _ _$1,528.31_ $14,953.46 $1,528.31 $1,239.91 $17,721.68 901 WBALBOA BLVD 88 047 - 281 -12 3,200 1.00 3,200 $14,953A6 $1,239.91 $17,721.68 942 W OCEAN FRONT 89 047 - 281 -23 4,100 1.00 4,100 _$1,528.31 $19,15912 $1,958.14 $22,705.89_ 938 W OCEAN FRONT 90 047 - 281 -22 4,100 1.00 4,100_ $19,15912 _ __$1,588.63 $1,958.14 $1,588.63 $22,705.89 930 W OCEAN FRONT 91 047- 281 -21 4,100 1.00 - 4,100 __ _ _ 959.12 $1 ,1 _ $1,958.14 $1,588.63 $22,705.89 928 W OCEAN FRONT 92 047- 281 -20 4,100 1.00 4,100 $19,159.12 $1,958.14 $1,588.63 $22,705.89 924 W OCEAN FRONT 93 047 - 281 -19 4,100 1.00 4,100_ $19,159.12 $1,588.63 $22,705.89 920 W OCEAN FRONT 94 047 - 281 -18 4,100 1.00 4,100 _$1,958.14 $19,159.12 $1,958.14 $1,588.63 $22,705.89 916 W OCEAN FRONT 95 047- 281 -17 3,900 1.00 3,900 $18,224.53 $1,862.62 $1,511.13 $21,598.28 W FRO 914 OCEAN NT _ 46 047- 281 -16 3,800 1.00 3,800 $17,757_24____ $1,814.86 $1,472.39 $21,044.49 908 W OCEAN FRONT 97 047 - 281 -15 3,700 1.00 3,700 $17,289.94 - $1,767.10 $1,433.64 $20,490.68 904 W OCEAN FRONT 98 047 - 281 -14 3,500 1.66- _ 31500 $16,355.35 $1,671.58 $1,356.15 $19,383.08 900 W OCEAN FRONT 99 047 - 281 -13 3,300 1.00 3,300 $15,420.76 $1,576.07 $1,278.65 $18,275.48 Q:Wewport Beach\AD100 \Reports \adl00 pml rpt l3apd0.doc Harris & Associates City of Newport Beach $9,813.21 $1,050.71 $1,002.95 $1,002.95 $1,002.95 $1,002.95 $1,002.95 _.. - -- _ _$813.69 $852.43 $813.69 -- $12,183.65 $11,629.85 ----- $11,629.85 April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd 1 Adams Street I Ocean Front) $813.69 Preliminary Engineer's Report (Revised) $9,81321 $813.69 $813.69 $11,629.85 $11,629.85 Appendix A - Page 3 $9,81321 $1,002.95 Appendix A - Assessment Calculations $11,629.85 $9,81321 $1,002.95 $813.69 $11,629.85 Assessor's Parcel Assessed Total Preliminary Property Asmt Parcel Size (0) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 816 W OCEAN FRONT 117 047 - 282 -21 2,100 1.00 2,100 $1,002.95 $813.69 $11,629.85_ 814 W OCEAN FRONT 118 047 - 282 -20 2,100 _ ___ 1.00 2,100 _ _$9,81321 - $9,81321 $1,002.95 _ $813.69 $11,629.85 812 W OCEAN FRONT 119 047- 282 -19 2,100 1.00 2,100 $9,813.21 $1,002.95 $813.69 $11,629.85 810 W OCEAN FRONT 120 047- 282 -18 2,100 1.00 2,100 $9,813.21 $1,002.95 $813.69 $11,629.85 808 W OCEAN FRONT 121 047- 282 -17 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 ST 122 047 - 282 -12 0.33 1,067 $4,986.05 $509.59 $413.43__ $5,909.07 _ _1118TH 1078TH ST - 123 -047- 282 -13 _3,200 2,100 1.00 - -2,100 _ - $9,813.21 $1,002.95 $813.69 $11,629.85 1058TH ST 124 047 - 282 -14 2,100 1.00 2,100 $9,813.21 $1,002.95 $813.69 $11,629.85 804 W OCEAN FRONT 125 047 - 282 -16 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 800 W OCEAN FRONT -72VW - - 126 047 - 282 -15 2,100 ____ -_. 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 6CVb--- b 723 W BALBOA BLVD 127 _048 -02301 3,400 1,133 $5,294.46 $541.12 $439.00 $6,274.58 1068TH ST 128 045023 -02_ 2,800 _0.33 100 2,800 _ _ $1308428_ _ $1,084.92 726 W OCEAN FRONT 129 048 -02303 2,400 1.00 2,400 $11,215.10 _.._$1,33727 $1,146.23 $929.93 $13,291.26 722 W OCEAN FRONT 130 048 -02304 21400 1.00 2,400 $11,215.10 $1,146.23 $929.93 $13,291.26 721 WBALBOA BLVD 131 048 -02323 2.200 1.00 2.200 $10.280.51 $1.050.71 $852.43 $12.183.65 715 W BALBOA BLVD 134 048 -02320 - 713 W BALBOA BLVD 135 048 -02319 711 W BALBOA BLVD 136 048 -02318 709 W BALBOA BLVD 137 048 -02317 707 W BALBOA BLVD 138 048 -02316 145 628 W OCEAN FRONT 152 048 - 024 -2'. .00 2,100 $10,280.51 $9,813.21 $1,050.71 $1,002.95 $1,002.95 $1,002.95 $1,002.95 $1,002.95 _.. - -- _ _$813.69 $852.43 $813.69 -- $12,183.65 $11,629.85 ----- $11,629.85 - $9,81321 $9,813.21 $813.69 $11,629.85 $9,81321 $813.69 $813.69 $11,629.85 $11,629.85 $9,81321 $9,81321 $1,002.95 $813.69 $11,629.85 $9,81321 $1,002.95 $813.69 $11,629.85 $697.45 11,629.85 Q:\Newport Beach1AD100�Reportsladl00 prel tpt 13apr10.doc I Harris &Associates City of Newport Beach 189 048 - 073-27 514 W OCEAN FRONT 190 048 -07307 510 W OCEAN FRONT April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd 1 Adams Street 1 Ocean Front) _ 192 Preliminary Engineer's Report (Revised) 506 W OCEAN FRONT 193048 _ -07310 504 W OCEAN FRONT Appendix A - Page 4 500 W OCEAN FRONT 195 048 07312 Appendix A - Assessment Calculations 196- - 048 -07401 105 E BALBOA BLVD 197 048 -07402 104 ISLAND AVE 198 048 -07403 102 E OCEAN FRONT 199 048 -07404 Assessors Parcel 048 -07405 Assessed Total 048 -07423 109 E BALBOA BLVD Preliminary Property Asmt Parcel Size(sf) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 524 W OCEAN FRONT 175 048 - 073-29 3,200 1.00 3,200 $1,002.95 $14,953.46 $1,528.31 $1,239.91 218 $17,721.68 522 W OCEAN FRONT -W 176 048 -07330 3,200 1.00 3,200 $11,629.85___ $14,953.46 $1,528.31 $1,239.91 _ 2,100 $17,721.68 521 BALBOA BLVD 177 048 -07326 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 519 W BALBOA BLVD 178 048 -07325 2,100 1.00 2,100 $9,813.21 $1,002.95 $813.69 $11,629.85 _3.. 517 W BALBOA BLVD 179 048 -07324 2,100 1.00 2,100 $9,813.21 $1,002.95 $813.69 $11,629.85 515 WBALBOA BLVD 180 048 -07323 2,100 1.00 2,100 $981321 $1,002.95 $813.69 $11,629.85 513 WBALBOABLVD 181 048 - 073-18 2,100 1.00 2,100 $981321 $1,002.95 $813.69 $11,629.85 -- 5111 1 WBALBOA BLVD 182 048 -07317 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 509 W BALBOA BLVD 183 -07316 2,100 1.00 $9,81321 $1,002.95 $813.69 507 W BALBOA BLVD _ 184 _048 048 -07315 _ 2,500 - _ 1.00 _2,100 2,500 $11,682.39 - $1,193.99 $968.68 $13,845.06 109 ISLAND AVE 185 648- 073-14 2.600 1.00 _- 2,600 _ $12,149.69 _ $1241.75 $1,007.42 $14,398.86 516 W OCEAN FRONT 189 048 - 073-27 514 W OCEAN FRONT 190 048 -07307 510 W OCEAN FRONT 191 048 -07308 508 W OCEAN FRONT _ 192 _ - 048 - 073-09 506 W OCEAN FRONT 193048 _ -07310 504 W OCEAN FRONT 194 _ 048 - 07311 500 W OCEAN FRONT 195 048 07312 101 E BALBOA BLVD 196- - 048 -07401 105 E BALBOA BLVD 197 048 -07402 104 ISLAND AVE 198 048 -07403 102 E OCEAN FRONT 199 048 -07404 104 E OCEAN FRONT 200 048 -07405 107 E BALBOA BLVD 201 048 -07423 109 E BALBOA BLVD 202 048 -07422 111EBALBOA BLVD 203 048 -07421 1.00 2,600 $12,149.69 $1,241.75 1.00 1.00 2,100 $9,813.21 $1,002.95 $11,629.85__ 1.00 2,100 $981321 $1002.95 _ 124 100 2,100 $9,81321 $1,002.95 $11,629.85 1.00 3,200 $14,953.46 $1,528.31 1.00 1.00 2,800 $13,08428 $1,337.27 $11,629.85 -1.00 2,500 - -- $11,682.39 $1,193.99 1.00 2,100 $9,81321 $1,002.95.. $813.69 1.00 _ 2,500 _ $11,682.39 $1,193.99 _ _. _1.00 2,500 $11,682.39 $1,193.99 $813.69 1 127 E BALBOA BLVD 210 048 -07414 3.100 1.00 3.100 $1448617 $148055 $1.201.16 $17.167.88 106 E OCEAN FRONT 211 048 -07406 2,100 1.00 $9,81321 $1,002.95 $813._69 $11,629.85__ 108 E OCEAN FRONT 212 048 074 _ ,100 2.00 _ 124 _2,100 2 ,100 $9,81321 _ _ $1.002.95 $813.69 $11,629.85 110 E OCEAN FRONT 213 048 -07426 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 112 E OCEAN FRONT 214 048 -07427 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 114 E OCEAN FRONT 215 048 -07409 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 116 E OCEAN FRONT 216 048 -07410 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 116 E OCEAN FRONT 217 048 -07411 2,100 1.00 2,100 $9,81321 $1,002.95 $813.69 $11,629.85 120 E OCEAN FRONT 218 048_ - 0_7428_ 2,100_ 1.00 2,100 $9,81321 $1,002.95 $11,629.85___ 122E OCEAN FRONT 219 048 -07429 _ 2,100 1.00 _ 2,100 $9,81321 _ __$813.69 $1,002.95 - $813.69 $11,629.85 Q:\Newport Beach\AD100 \Reports \ad100 prel rpt 13apr10.doc I Harris & Associates City of Newport Beach 234 235 April 13, 2010 Underground Utility Assessment District No. 100 (13th Street I Balboa Blvd I Adams Street I Ocean Front) Preliminary Engineer's Report (Revised) 2,400 $11,215.10 $1,146.23 2,400 $11,215.10 $1,146.23 Appendix A- Page 5 Appendix A - Assessment Calculations $13,291.26 $13,291.26 210 E OCEAN FRONT 212 E OCEAN FRONT 214 E OCEAN FRONT 216E OCEAN FRONT 218 E OCEAN FRONT 236 237 238 239 240 048- 081 -10 048- 081 -09 048- 081 -24 048- 081 -23 048- 081 -07 Assessor's Parcel Assessed Total 1.00 1.00 _ 1.00 1.00 1.00 Preliminary Property Asmt Parcel Size(sf) Benefit Parcel Construction Incidental Financial Total Address No. Number Rounded Factor Area Costs Expenses Costs Assessment 204 E OCEAN FRONT 233 932 -94 -107 1,200 1.00 1,200 $5,607.55 $573.11 $464.96 $6,645.62 206 E OCEAN FRONT 208E OCEAN FRONT 234 235 048- 081 -12 048 081 -11 2,400 2,400 1.00 1.00 2,400 $11,215.10 $1,146.23 2,400 $11,215.10 $1,146.23 $929.93 $929.93 $13,291.26 $13,291.26 210 E OCEAN FRONT 212 E OCEAN FRONT 214 E OCEAN FRONT 216E OCEAN FRONT 218 E OCEAN FRONT 236 237 238 239 240 048- 081 -10 048- 081 -09 048- 081 -24 048- 081 -23 048- 081 -07 2,400 2,400 2,400 2,400 2,400 1.00 1.00 _ 1.00 1.00 1.00 2,400 $11,215.10 $1,146.23 2,400 $11,215.10 $1,146.23 2,400 $11,215.10 $1,146.23 2.400 $11,215.10 -- $1,146.23 2,400 $11,215.10 $1,146.23 _ $929.93 $929.93 $929.93 $929.93 $929.93 $13291.26 $13291.26 $13,291.26 $1329126 $13291.26 301 E BALBOA BLVD 311E BALBOA BLVD 313 E BALBOA BLVD 315 E BALBOA BLVD 241 242 243 244 048- 082 -01 048- 082 -02 048- 082 -13 048- 082 -14 2,400 12,000 2,400 2,400 1.00 0.44 1.00 1.00 2,400 $11,215.10 $1,146.23 5,320 $24,860.13 _ $2,540.81 2,400 $11,215.10 - $1,146.23 2,400 $11,215.10 $1,146.23 $929.93 $2,061.34 - $929.93 _ $929.93 $929.93 $13,291.26 $29,462.28 $13291.26 $13291.26 $13291.26 $13,291.26 $13,291.26 317 E BALBOA BLVD 245 048 - 082 -15 2,400 -1.60-2,400 $11,215.10 $1,146.23 300 E OCEAN FRONT 246 048- 082 -11 2,400 1.00 2,400 $11,215.10 $1,146.23 -kff OCEAN FRONT 247 048 - 082 -10 21400 1.00 2,400 $11,215.10 $1,146.23 $929.93 $929.93 304 E OCEAN FRONT 306 EOCEAN FRONT 248 249 048- 082 -09 048- 082 -08 2,400 2,400 1.00 _ 1.00 2,400 $11,215.10 $1,146.23 2,400 $11,215.10 $1,146.23 $13291.26 $13291.26 $13,291.26 __$929.93 $929.93 $929.93 113,291.26 308 E OCEAN FRONT 250 048- 082 -07 2,400 1.00 2,400 $11,215.10 _ _ $1,146.23 310EOCEAN FRONT 251 048- 082 -06_ 2,400 1.00 2,400 $11,215.10 $1,146.23 312 E OCEAN FRONT- 252 048- 082 -17 - 2,400 1.00 _ _ 2,400 $11,215.10 $1,146.23 _$929.93 $929.93 $13291.26 314 E OCEAN FRONT 253 048- 082 -16 - 2,400 1.00 _ 2,400 - $11,215.10 $1,146.23 $929.93 $13291.26 316 E OCEAN FRONT 254 048- 082 -04 2,400 1.00 2,400 $11,215.10 $1,146.23 $929.93 $13,291.26 403 E BALBOA BLVD 255 048- 121 -01 6,300 1.00 6,3_00 $29,439.63 $3,008.85 $2,441.06 $34,889.54 407 E BALBOA BLVD 256 _ 048 - 121 -02 2,900 1.00 _ _ 2,900 $13,551.58 $1,385.03 $1,123.66 $16,060.27 409 E BALBOA BLVD 257 048 - 121 -03 2,900 1.00 2,900 $13,551.58 $1,385.03 $1,123.66 $16,060.27 411 E BALBOA BLVD 258 048 - 121 -04 2,900 1.00 1.00 2,900 $13,551.58 $1,385.03 $1,385.03 _ _$1,123.66 $16,060.27 $1,123.66 EBALBOA BLVD 259 W-1- 48121 -05 2,900 1.00 2,900 - - $13,551.58 __413 415 E _ BALBOA BLVD 260 048- 121 -06 2,900 1.00 2,900 $13,551.58 $1,385.03 $1,123.66 $16,060.27 417 E BALBOA BLVD 261 048 - 121 -07 2,900 1.00 2,900 $13,551.58 $1,385.03 $1,123.66 $16,060.27 421 E BALBOA BLVD 262 048- 121 -20 2,900 0.34 986 $4,607.54 $470.91 $382.05 $5,460.50 423 E BALBOA BLVD 263 W-4 D1 -21 2,900 0.20 _ _ _ 580 $2,710.32 $277.01 _ $224 73 $3212.06 Q:\Newport Beach\ADl00 \Reports\adl00 prel rpt 13apr10.doc Harris & Associates