HomeMy WebLinkAboutC-3173 - PSA - Assessment District No. 79 Beacon BayPROFESSIONAL SERVICES AGREEMENT
ASSESSMENT DISTRICT NO. 79
BEACON BAY
THIS AGREEMENT, entered into this � day of 60 , 1997, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and WILLDAN ASSOCIATES, whose address is 888 S. West Street, Suite
300, Anaheim, California 92802, (hereinafter referred to as "Consultant'), 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 the City.
B. City desires to engage Consultant to: 1) Serve as Assessment Engineer to
perform the requirements and procedures necessary to form a special
assessment district; and 2) Serve as Design Engineer to prepare the
plans, specifications and cost estimates for infrastructure improvements to
the community of Beacon Bay, upon the terms and conditions contained in
this Agreement.
C. The principal members of Consultant for purpose of this Project are David
L. Hunt, P.E.
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E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided 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 day of 19_, and
shall terminate on the 31st day of December, 1999, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of the Project Administrator. Consultant's
compensation for all work performed in accordance with this Agreement shall not exceed
the total contract price of Eighty -one thousand three hundred thirty -three dollars
($81,333.00).
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3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the Project Administrator and
based upon the following payment schedule: Completion of tasks in accordance with the
Project Schedule contained in Exhibit "A ".
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of the Project Administrator. Any authorized compensation shall be
paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
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Agreement.
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3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the 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. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 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, or any other delays beyond Consultant's control
or without Consultant's fault.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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
details in means of performing the work provided that Consultant is compliance with the
terms of this Agreement. Anything in this Agreement which may appear to give City the
right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated David L. Hunt, P.E. to be its
Project Manager. Consultant shall not bill any personnel to the Project other than those
personnel identified in Exhibit "A ", whether or not considered to be key personnel, without
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City's prior written approval by name and specific hourly billing rate. Consultant shall not
remove or reassign any personnel designated in this Section or assign any new or
replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
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 the Project
Administrator. Consultant warrants it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule, may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for the Project, each party
hereby agrees to provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
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grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
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any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all acts or omissions of
Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence (active or passive) of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers or
employees, and shall include attorneys' fees and all other costs incurred in defending any
such claim. Nothing in this indemnity shall be construed as authorizing, any award of
attorneys' fees in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or better
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carriers, unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of
$1 million.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give to City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. 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
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Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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, shall be
construed as an assignment of this Agreement. 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 orjoint- venture.
15. OWNERSHIP OF DOCUMENTS
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Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, 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 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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
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entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Richard L.
Hoffstadt shall be considered the Project Administrator and shall have the authority act for
City under this Agreement. The Project Administrator or his /her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
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
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records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. 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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be borne by Consultant.
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Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
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
A. 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 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.
B. 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 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. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted or
subcontracted without prior written approval of City.
25. NOTICES
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All notices, demands, requests or approvals to be given under 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:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(714)644- 3311/Fax(714)644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: David L. Hunt, P.E.
Willdan Associates
888 S. West Street, Suite 300
Anaheim, CA 92802
(714)563 - 3200 /Fax(714)563 -3299
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
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nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. 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.
29. 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
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30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. CADD DELIVERABLES
CADD data delivered to City shall not include the professional stamp or signature
of an engineer or architect. City agrees that Consultant shall not be liable for claims,
liabilities or losses arising out of, or connected with (a) the modification or misuse by City,
or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of
CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or
anyone authorized by City, of CADD data for additions to this Project, for the completion
of this Project by others, or for any other Project, excepting only such use as is
authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
32. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
City of Newport Beach
ATTEST:
By:�U 6YYM AP J�
LaVonne Harkless
City Clerk
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CITY OF NEWPORT
A Municioakarporaf
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Mayor
City of Newport Beach
CONSULTANT
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TO: Mayor and Members of the City Council
FROM: Public Works Department
December 8, 1997
CITY COUNCIL AGENDA
ITEM NO. 10
C -31-73
SUBJECT: ASSESSMENT DISTRICT NO. 79 BEACON BAY, PROFESSIONAL
SERVICES AGREEMENT AND BUDGET AMENDMENT
RECOMMENDATION:
1. Authorize a Budget Amendment to appropriate $97,000.00 in the Assessment District
Capital Project fund to proposed Assessment District No. 79 Beacon Bay, Account
No. 7401- C5200418.
2. Authorize the Mayor to execute a Professional Services Agreement with Willdan
Associates in an amount not to exceed $81,500.00 for assessment and design
engineering services.
DISCUSSION:
Property owners within the Beacon Bay community have requested formation of an
assessment district for the purpose of financing the conversion of existing overhead
utilities and the reconstruction of street, storm drain and street light improvements. The
boundaries of the proposed District are shown on the Exhibit "A ". The community is
bounded by Harbor Island Drive to the north, Harbor Island Road to the west, Newport
Bay to the south, and an anchorage basin to the east. Sixty -nine (69) single family
dwellings, one recreation area, and several open space lots are located within the
community.
The District formation proceedings are pursuant to the "Municipal Improvement Act of
1913" (Division 12 of the Streets and Highways Code of the State of California). Bonds
will be sold pursuant to the "Improvement Bond Act of 1915" (Division 10 of said Code).
Proposed Assessment District 79 is somewhat uncharacteristic of other underground
utility districts, in that the Beacon Bay community is situated on City owned property
which is leased by residents. Per the provisions of the lease agreement, the Lessee
(Beacon Bay Community Association), is responsible for maintenance and repair of all
improvements.
SUBJECT: ASSESSMEOISTRICT NO. 79, BEACON BAY, PROFE&NAL SERVICES AGREEMENT
AND BUDGE i AMENDMENT
December 8, 1997
Page 2
One of the initial steps in the District formation process is the circulation of the Petition for
Special Assessment Proceedings (see Exhibit "B "). Proponents of the District circulated
the petitions to the property owners and then submitted the signed petitions to the City.
The petition signatures represent 64 percent of assessable area within the proposed
District. The City has typically established 60 percent as a minimum in order to proceed
with a formation of the District.
In anticipation that the District would move forward, staff prepared a Request for
Proposals (RFP) to obtain assessment and design engineering services. The RFPs
were disseminated to five engineering firms, three of which responded. Staff evaluated
the submittals based upon: 1) Project understanding; 2) Previous firm experience; 3)
Expertise of the project team on similar projects; and 4) Proposed project schedule.
Based upon this criteria, staff selected the firm of Willdan Associates to serve as both
assessment engineer and design engineer. Thereafter, staff met with the Willdan
project team to finalize the scope of work and negotiated a fee for services, not to
exceed $81,500.
The assessment engineering services to be provided by Willdan include, identifying,
analyzing and determining the correct apportionment of the costs and preparing the
Assessment Engineers report. In addition, Willdan will prepare the voting ballots, in
accordance with the requirements of Proposition 218. The ballots are weighed by
"financial obligation ", (the amount of the property's assessment). If less than 50
percent of the ballots returned are opposed to the District, the City Council can
authorize the levy of the assessment.
The engineering design services to be performed by Willdan include: preliminary
design investigation, design survey, utility coordination, hydrology, and preparation of
plans, specifications and cost estimates.
Willdan has proposed to work closely with the Beacon Bay community to provide
information regarding the District formation process and the distribution of the District
costs, and to obtain information from the property owners regarding the design of the
street improvements.
Southern California Edison and Pacific Bell are responsible for the design of their utilities.
In order to initiate the design of these facilities, the City must remit $5,000 to Edison and
$10,500 to Pacific Bell. The utility and engineering costs will be reimbursed to the City by
the District if it is formed at the final Public Hearing, however, the funds will not be
recovered if the District is not formed. The City Council has previously authorized the
advancement of funds for other districts. These funds have been recovered upon
formation of the districts.
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SUBJECT: ASSESSMEN *STRICT NO. 79, BEACON BAY, PROFESIIAL SERVICES AGREEMENT
AND BUDGET AMENDMENT
December 8, 1997
Page 3
On November 24, 1997, the Public Works Committee reviewed this item. The
Committee voted to forward the item to City Council without a recommendation from the
Committee. The primary issue identified by the Committee was the City's policy
pertaining to the advancement of funds for the formation of assessment districts.
Concerns were expressed regarding: 1) Whether the City should be involved in funding
the formation of the districts; and 2) Whether the proponents of the districts should be
required to provide a portion of the initial funding.
Given that utility undergrounding provides an aesthetic benefit to the communities, the
City Council has historically supported the districts by authorizing the advancement of
funds. Typically, the required funds range from $40,000 to $50,000. The absence of
this initial funding would diminish the potential for the district to be formed, because it
would become cost prohibitive for the property owners and /or the homeowners
associations to advance the funds. The City mitigates the potential for non - recovery of
the funds by requiring the 60 percent minimum signatures on the initial petition. The
petition process provides a measure of the level of support for the district formation.
The funds required to initiate the district formation process for Beacon Bay exceed the
typical range due to the engineering design for the street, storm drain, and street light
improvements. These additional improvements are not generally incorporated into the
is utility districts. However, the Beacon Bay Community desires to have these additional
improvements installed in conjunction with the undergrounding of the utilities. Staff
believes that it would not be desirable to have the street improvements installed at a
later date. In addition, incorporating the improvements into the district provides the
funding mechanism to accomplish the project in a more timely manner. Therefore, staff
recommends the funding for the design engineering in conjunction with the assessment
engineering.
Re ectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: G .�
Luci Romero Serlet
Administrative Manager
Attachment: Exhibit "A"- Location Map
Exhibit "B "- Petition for Special Assessment Proceedings
Mp \sysIGROU PS \PUBWORKS \98 -COUNC \DEC- 8V+D79. DOC
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THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE THE
OWNERS OF RECORD OF THE PROPERTY AS IDENTIFIED BELOW.
NAME OF PROPERTY
DATE OF OWNER & MAILING
SIGNING ADDRESS
ASSESSOR'S TAX
PARCEL NO.
SIGNATURE
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of Newport BeaCto NO. BA- 027
BUDGET AMENDMENT
1997 -98 AMOUNT: $s7,000.00
lerFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from undesignated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To appropriate $97,000.00 to the Assessment District Capital Project Fund for the proposed
Assessment District No. 79 Beacon Bay.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
I mt Dist Fund 400 3605
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REVENUE APPROPRIATIONS (3601)
Fund /Division Account
Description
Fund Balance Control
EXPENDITURE APPROPRIATIONS (3603)
Division Number 7401
Account Number C5200418
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed
' 19ned:
Signed:
Description
Description
Assmt Dist- Cap Proj
Assessment Dist #79 - Beacon Bay
ance uirectoi
City Council Approval: City Clerk
ager
Amount
Debit Credit
$97,000.00 -
Automatic
$97,000.00
J2
Date
j�
Orate
Date