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Home My WebLink AboutC-3526 - PSA for Assessment District No. 69 (West Newport)c - ;5)t 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this f day of June, 2004, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Harris & Associates, Inc., whose address is 34 Executive Park, Suite 150, Irvine, CA 92614 4705, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On April 23, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement", for additional engineering services for Underground Assessment District No. 69 (West Newport), hereinafter referred to as "Project'. This Agreement is scheduled to expire on April 30, 2006. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" and "Exhibit B "attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1, including all reimburseable items and subconsultant fees, shall not exceed Thirty-Six Thousand Eight Hundred Dollars ($36,800.00). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: 6 01&4'-e m1y"� LaVonne Harkless, City Clerk Attachment: Exhibits A and B CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Belch CONSULTANT: By: rris & A ociates U 11 IP nR��3W f:\users\pbw\shared\agreements\fy 03-04\harris-amend 1-ad69 west newport.doc Assessment Engineering Serve Omendment #1- EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services SCOPE OF SERVICES - AMENDMENT #1 The following are amendments to our scope of services as requested by the City. The amended items are underlined. Phase 3 - Property Owner Coordination after Formation 21. Answer property owner questions relating to the underground district, service connections, building permits and all other miscellaneous questions related to the undergrounding. 22. Mailing No. 1: Mail letters to property owners and site address telling them that the Edison contractor is starting work. Provide drafts of all correspondence to City or to mailings to ensure letter content inspector information utility personnel and phone numbers are accurate City will provide letterhead for all mailings. 23 Mailing No. 2: Mail letters to property owners and site address telling them that it is time to connect to the new underground system once Edison has completed installation of the underground conduits and vaults. The format of the mailing is subiect to change (i.e. staggering by blocks or subsections of the District). The mailing of this letter will be subject to the contractor's schedule. (The City is extending the usual conversion time frame from 4 months to 10 months. 24 Research all returned letters to determine correct address and re -mail. Use sources such as MetroScan the City s master ID System and returned envelones to verify owner's address. 25 Keep accurate records to avoid multiple letters to incorrect addresses. Check the City's website to verify homes that have pulled electrical underground permits If a resident has not nulled a permit, coordinate with the Building Department Inspector to verify status of resident service (ext. available at City Hall for use if needed to assist in accessing information not available via the internet. 26 Mailing No. 3: Mail follow -up letter to owners and site addresses that have not pulled Electrical Permits approximately 4 months after the date of letter #2. 27 Research all returned letters to determine correct address and re-mail. 28 Mailing No. 4: Mail follow -up letter 4 months after the date of Letter #3 to those property owners and site addresses that have not pulled Electrical Permits. Property owners should be reminded of the approaching deadline to have their utility service in compliance. 29 Mailing No. 5: Mail follow -un letter one month after the date of Letter #4 to those property owners and site addresses that have not pulled Electrical Permits Property owners should be reminded of the approaching deadline to have their utility service in compliance This Letter shall have a final conversion date with a statement of legal ramifications. Failure to comply will result in the matter being turned over to the City Attorney's Office 30 Coordinate with the City to have non-conforming propertv owners underground their overhead legal action for noncompliance. C:\Documents and Settings\paminiega\Local Settings \'temporary Intemet Fi1es \0LKBtam=d1 exh_A2.doc Page A -1 mod Assessment Engineering Serve mendment #1— EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services 31 Track conversion efforts on the Citv's PTP site. Preliminary Schedule The following schedule is an estimated timeline of project tasks and is based on receiving final cost estimates for the improvements in early May Task Est. Date Apr I Mayl Jun I Jul Aug Se Receive Updated Design Plans from Utilities 9-Apr-04 Research and update Parcel Database mid Apr-04 Re- define District Boundary per updated plans late Apr-04 Prepare Boundary Map & Asmt Diagram late Apr-04 Prepare 1 st Draft Prel. Engineer's Report late Apr-04 Review Comments with Project Team earl May-04 Receive Final Cost estimates from Utilities 10-May-04 Prepare 2nd Draft Prel. Engineer's Report mid May-04 Review Comments with Project Team late May-04 Submit Prel. Engineer's Report 25-May-04 Resolution of Intention 8- Jun -04 Notice /Ballot Production and Mailing by 11- Jun -04 45 Day Noticing Period thru 27- Jul -04 � `Pl Property Owner Information Meeting Jun - Jul -04 Submit Final Engineer's Report 13- Jul -04 Public Hearing 27- Jul -04 Notice of Asmt Production and Mailing earl Aug-04 30 Day Cash Collection Period thru late Aug-04 Corn ilation of Paid/Unpaid List earl Sep-04 C: \Documents and Settings \paniniega \Local Settings \Tempuiar Internet Files \OLKB\amendI exh_A2.doc Page. A -2 mod Assessment Engineering Servis Omendment #1— EXHIBIT "B" Proposed Assessment District No. 69 Fee Schedule FEE SCHEDULE- AMENDMENT #1 The following fees are being amended based on the additional work required to be performed due to: • Multiple plan revisions and cost revisions from the utilities, which required numerous modifications of the Engineer's Report, the Boundary Map and the Assessment Diagram; • Incorporating more than 1 property owner meeting and 1 team meeting, which were all that was funded initially; • Changes to Phase 3 of the Scope of Services described in Amendment #1 Exhibit "A ": Phase 1 • Engineer's Report and Formation Proceedings Tasks 1 through 14 (including ROI and Public Hearing meetings) ........... add additional $7,000 lump sum Task 15 (Utility, Project Team and Property Owner meetings) ....................... $600 lump sum per meeting Add additional 6 meetings = $3,600 Phase 2 - Assessment Confirmation and Bond Sale Tasks16 through 19 ........................................................................................ ............................... no change Task 20 (Project Team meetings) .... ............................... $600 lump sum per meeting Add additional 2 meetings = $1,200 Phase 3 - Property Owner Coordination after Formation Tasks 21 through 32 ..................... ............................... time & materials, estimated at an additional $25,000 Total Additional Fee = $36,800 These lump sum fees and the time & material rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2004. Harris' current schedule of hourly rates are provided below. SCHEDULE OF HOURLY RATES Project Director ............... ............................... $200 / hour Project Manager .............. ............................... $190 / hour Deputy Project Manager . ............................... $160 / hour Senior Project Engineer .. ............................... $140 / hour Project Engineer .............. ............................... $120 / hour Junior Project Engineer ..... ............................... $90 / hour Senior Project Analyst ...... ............................... $85 / hour Senior Drafting Technician . ...........................$100 / hour Project Analyst ..................... ............................$75 / hour Clerical Staff ..................... ............................... $60 / hour These hourly rates may be updated on an annual (calendar year) basis. CADoc=mts and Settings%parciniega\Lucal SettingsMniporary Intemet Hes\OLKB\ammdl exh_Bl.doc Page B -1 Mod Assessment Engineering Servill Proposed Assessment District No. 69 Amendment #1- EXHIBIT "B" Fee Schedule A table showing the total estimated hours of work allocated for the amended Phase 3 Tasks is provided below. C:\DOCUments and Settingsbarciniega\Local Settings \Temporary Intemet Files \0LKBtammdl "h_Bl .doc Page B -2 Mod Project Manager Sr. Proj. Analyst Clerical TOTALS HOURS TASK HOURS HOURS HOURS Phase 3 - Property Owner (and sltus address) Coordination after Formation Answer Property Owner Questions regarding underg rounding 6 110 116 Mailing No. 1 2 14 8 24 Mailing No. 2 2 16 8 26 Research returned letters 1 4 5 Maintain records of mailings 2 36 38 No. 3 2 16 8 26 _Mailing Research returned letters 1 4 5 Mailing No. 4 2 16 8 26 Research returned letters 1 4 5 Mailing No. 5 2 16 8 26 Research returned letters 1 4 5 Mailing No. 6 and coordination with City Att 's office _ 4 16 8 28 Track Conversion Efforts on FTP Site (monthly tracking) 1 20 21 Coordination to finalize undergrounding 6 20 26 Monthly Status Meetings during conversion est. 10 months 40 40 73 296 48 417 C:\DOCUments and Settingsbarciniega\Local Settings \Temporary Intemet Files \0LKBtammdl "h_Bl .doc Page B -2 Mod CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parcineiga @city.newport- beach.ca.us SUBJECT: PROPOSED ASSESSMENT DISTRICT NO. 69 — WEST NEWPORT (AREA BETWEEN: SEASHORE DR. AND W. OCEAN FRONT, FROM SUMMIT ST. TO 33RD ST.; BETWEEN: RIVER AVE. AND SEASHORE DR., FROM 56TH ST. TO 47TH ST.; AND OCEAN FRONT ALLEY, FROM 33RD ST. TO ALLEY EAST OF 30TH ST.) FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT RECOMMENDATIONS: • 1. Adopt the following Resolutions for Proposed Assessment District No. 69: a. Resolution No. 2004- making finding on a petition for, adopting a map showing the proposed boundaries of, and making appointments for proposed Assessment District No. 69. b. Resolution No. 2004- declaring intention to order the construction of certain improvements in proposed Assessment District No. 69; declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district. c. Resolution No. 2004- giving preliminary approval to the report of the assessment engineer, setting the time and place for a public hearing as July 27, 2004; and ordering the intention of assessment ballot procedure for Assessment District No. 69. 2. Approve the Bond Counsel Agreement with Robert Hessell. 3. Approve a Professional Services Agreement Amendment with Harris and Associates for an additional fee of $38,600.00. HISTORY: . The Public Works Department originally hired Harris and Associates to provide Assessment Engineering services for this District in April 2002 for a not to exceed fee of $48,200.00. SUBJECT: Proposed Assessment District No. 69 (West Newport) for Undergrounding Utilities June 8, 2004 Page 2 Due to the large size of this District (600+ parcels) staff requested additional services for coordination of the District during the homeowner conversion phase after the District had been formed. This portion of the contract was originally estimated at $20,000. Since 2002 the scope of work has increased to more accurately reflect the amount of work involved. This revised scope of work will increase the cost for coordination efforts by an additional $25,000.00. The Public Works Department is requesting additional funds be encumbered to Harris and Associates to complete this work. The scope of this work will include: conducting monthly meetings with City staff to provide updates on the progression of electrical permits to convert underground utility service connections; database collection to keep records of the percentage of property that has been converted; mailing of letters to property owners; and field work/site investigation and coordination with the utility companies, Public Works, Building, City Attorney's Office, and the community to ensure the conversion phase proceeds in a timely manner. DISCUSSION: Assessment District No. 69 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 procedure being used to create the Assessment District is outlined in the Municipal Improvement Act of 1913. Bonds issued under the Improvement Bond Act of 1915, • with a term of 15 years, will be issued to finance assessments that are not paid in cash within 30 days after confirmation of the assessment. The total assessment for Proposed Assessment District No. 69 is estimated as follows: ITEM ESTIMATED COST Cost of Construction $8,055,612 Incidental Costs and Expenses $376,338 Financing (Bond) Costs $743,000 Federal Income Tax Component of Contribution (ITCC) $1,044,387 Estimated Total Cost: $10,219,337 The estimate includes the Federal Income Tax Component of Contribution (ITCC) Tax, which is a betterment tax. However, bonds will not be sold for the ITCC Tax since underground utility districts are undertaken at the request of the community for purposes of community aesthetics and public safety, and not for the benefit of particular customers of the utility in their capacity as customer of the utility. This underground district is not required as a condition for obtaining any electrical service. In the event the Internal Revenue Service (IRS), State, City and /or local government taxing authority determines that this project is taxable, Southern California Edison (SCE) will require the City to reimburse the full amount of the determined tax liability, plus interest, penalties, fees, and related costs. In that case the City may need to sell a second issue of the bonds, if necessary, to pay SCE within 60 days after they notify the City of Newport Beach. The estimated ITCC tax amount is $1,044,387. The City Attorney's Office has reviewed SCE's request to have the preceding statement included SUBJECT: Proposed Assessment District No. 69 (West Newport) for Undergrounding Utilities June 8, 2004 Page 3 in the Assessment District Report. It was determined that the City would not incur any tax liability. In an effort to reduce costs and minimize disruptions in the area, City staff is planning on concurrent projects to replace waterlines within Seashore Drive and update the streetlight electrical system within the assessment district area. The timing of these projects will enable a savings to both the assessment district and the City because of shared repaving costs. In addition to the assessment, property owners will be responsible for converting their service connection to receive underground service. These private property costs can vary greatly depending on the condition and location of their current electrical service. Property owners are encouraged to contact licensed electrical contractors to determine their individual needs. The Bond Reserve will be seven percent for this district. Property owners who pay assessments in cash will receive a discount of approximately eight percent, which represents the financial cost of issuing and servicing bonds. The following is a tentative schedule for proposed Assessment District No. 69: • Resolution of Intention June 8, 2004 • Property Owner Information Meeting 1 June 30, 2004 • • Property Owner Information Meeting 2 July 7, 2004 • Public Hearing July 27, 2004 • Public Utilities Commence Work September 13, 2004 • City Notifies Property Owners to Install Service July 2005 Connections • Property Owners Complete Conversions May 2006 • Public Utilities Begin to Remove Overhead November 2006 Structures • Public Utilities Finish Removing Poles and January 2007 Overhead Structures The Assessment Engineer's assessment methodology uses the City's zoning designation as a means to apportion assessments within this District. This assessment methodology takes into account the difference in development potential and the corresponding specific benefit that the R -2 zoned lots receive as opposed to the R -1 zoned lots. The property zoned as R -1 allows for development of 1 dwelling unit, therefore 1 Benefit Unit was assigned to these properties. Properties zoned as R -2 allow for development of 2 dwelling units per parcel, therefore 2 Benefit Units were assigned to these properties. In instances where an R -2 lot has split into two parcels for Condominium purposes each condominium is assigned 1 Benefit Unit. One property in the District is zoned MFR which allows for multi - family residential unit construction. The Benefit Units were calculated for this property by dividing the total frontage for this lot along Seashore Drive, and River Avenue frontages (647.18 feet) by •the average width of an R -2 zoned lot (35 feet), then multiplying this value by 2 potential dwelling units. This results in an 'equivalent potential dwelling units' number of 37 for this MFR lot. SUBJECT: Proposed Assessment District No. 69 (West Newport) for Undergrounding Utilities June 8, 2004 Page 4 The City has 6 park parcel lots that have utility service and are therefore part of this district. Benefit Units were assigned to these parcels by taking the total frontage along Seashore Drive and dividing it by the average frontage of an R -2 zoned property. All of the City's parcels are zoned as open space and do not have any potential for further development, therefore their benefit is deemed to be half that of a residential property 's benefit and 50% of the potential dwelling units were assigned to as Benefit Units for these properties. The following chart shows the results of the City's assessments for the Park Parcels. Assessment No. Frontage (ft.) Equiv. Potential Dwelling Units Benefit Units Preliminary Assessment Cost & 2 Bond Issues) 53 676.50 39 20 $161,062.13 74 197.00 11 6 $48,318.61 85 839.71 48 24 $193,274.46 133 850.15 49 25 $201,327.56 155 376.73 22 11 $88,584.20 168 426.00 24 12 $96,637.30 Total: $789,204.26 The estimated assessment with the ITCC tax component ranges from $8,053.10 to $297,967.33, with the average assessment being $15,437.14. The estimated assessment without the ITCC tax componenet ranges from $7,230.10 to $267,516.33, with the average assessment being $13,859.52. Plans and specifications were prepared by SCE, SBC, and Adelphia Communications. Attached is a sketch showing the boundary of the proposed Assessment District and the utilities to be undergrounded. Environmental Review: A Notice of Exemption was completed December 12, 2003, and filed with the County Recorder on December 12, 2003. A Certificate of Environmental Proceedings was completed May 28, 2004. Prepared Patnck L. rciniega Associate Engineer Attachments: Submitted b phen G. Badum Public Works Director 1. Exhibit Showing District Boundaries 2. Resolution Finding On Petition 3. Resolution Of Intention 4. Resolution Passing On Report Of Assessment Engineer, Setting Public Hearing, and Ordering Initiation Of Assessment Ballot Procedures 5. Bond Counsel Agreement 6. Engineer's Report 7. Amendment No. 1 0 \I • [-.'I It; F z = w U � Q CK LL] CK ma n F w O CL Ln Y w r�l Z 0 w 0 F m ZD Ua uu� 3y U C N 0 m m ° N O a O C O Y K Q O Z 0 O M. 5 O� u 3e 2 0 S LJ ~ 7 W 5 C qW N O _N Nw W d N F- � W W a' w � Q JN J W a m zO ? O nW z w J W C J F OLL O J W C)z a O OQ c o w w a O G 00 a Z c J Q • (v. 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O z "' a N i un 6o� O w 96ZS41 , 66Z5' I °zw owes o ° m v ❑ I 1 40ESj £OE5 j Q jui4a[s I OEs ZEES IL i 1 �6o£S_ i 1 I 96E5 tl 6es LL- = J a •�o z = w U:2 w ma a w � o O m V) Y W ry Z O OU J r m �a 0 n . • Z W Ho U o �0 F— o � � W � Z zN F W jjj 0= N (n h O V1 W,b z O LL) 7 W O r Z O �� O 'a Q O v~i w 0 U O z J O °w Ld z� a 0 cn 00 v a o a z CL z ow o 0 � x O a- l of Dm ❑ ', • • 0 t z =w U:2 Q r- wa m� �w �o ON W Y W � Z O W oU >- m U W 133a1S H16Z 3 133a1S Hlo£ mo o OO6Z 00E :--�Jo bOH 9062 b00E 900E 800E --- - - - - -- vaosz 8806Z Z 060E 260E vv�oe so;fiZ B�66Z �( ° o o o o v 3 Or W Z J J a }— r Uz 0 N z = w = U J V H Vw w r Z Zr � w W O (n V1 r Q2 LL N Cn y � O LL (n wn1 Z O W.JO O Z C() �r U q Q w N O U 0 W Z �OIIc� a a w Ip 133a1S Hlo£ 00E :--�Jo b00E 900E 800E 060E 260E vv�oe �( ° o o o o v I 133a1S �_ _ —� 1SLE �" � ao 006E I . i Mc zLz �e b06E 906E eo�e z; sore co `r° 066E °oo0 266E 166E 1 w 1332US aNZ£�, 133a1S UNZ£ w N \dp o r oozy ZOZE 90ZE 9NC 0 ON 0 � W ~ Z6ZE INS° t6Z£ � 133a 1S - - -�- aa££ OOEE ZOEE. z 1¢i 17OEE� ILL vsaee i � esoee I j 90EE meE, 0 06EE n 1�3a1s Hlb£ i Or W Z J J a }— r Uz 0 N z = w = U J V H Vw w r Z Zr � w W O (n V1 r Q2 LL N Cn y � O LL (n wn1 Z O W.JO O Z C() �r U q Q w N O U 0 W Z �OIIc� a a w Ip 00E b00E 900E 800E 060E 260E vv�oe ! ° ° o o o o v W Z �OIIc� a a w Ip RESOLUTION NO. 2004 - • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MAKING FINDING ON A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR PROPOSED ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) WHEREAS, this legislative body has received from certain property owners an executed petition (the "Petition") requesting the formation of a special assessment district, to be designated as Assessment District No. 69 (West Newport) (the "Assessment District "), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the Petition, togetherwith appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the ordinances of the City of Newport Beach and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); and WHEREAS, the Development Engineer of the City of Newport Beach has certified to this legislative body that the Petition has been signed by owners owning more than fifty percent (50 %) in area of all assessable property within the boundaries of the proposed Assessment District, and WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District; NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Petition shall be retained as a permanent record and remain open to public inspection. SECTION 3. The Map is hereby approved and adopted. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original Map and on at least one copy of the Map evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of a resolution fixing the time and place of hearing on the formation or extent of the Assessment District, a copy of the Map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of California. SECTION 5. Stephen G. Badum P.E., Director of Public Works for the City of Newport Beach, is hereby appointed to perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said duties are specified and designated in the Act. The place for recordation of the assessment roll and diagram shall be in the office of the appointed Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 6. The Daily Pilot is hereby designated as the newspaper for all publications as required by law and as necessary forthe Assessment District proceedings. SECTION 7. The firm of Harris & Associates is hereby appointed the Assessment Engineer for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 8. The firm of Fieldman Rolapp & Associates is hereby appointed the Financial Advisor for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 9. The firm of Stradling Yocca Carlson & Rauth is hereby appointed the Disclosure Counsel for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 10. Robert E. Hessell, attorney at law, is hereby appointed to act as Bond Counsel for the Assessment District and the contract for services submitted is hereby approved. • SECTION 11. This legislative body hereby authorizes the establishment of a special improvement fund for the Assessment District and into the improvement fund shall be placed all proceeds from the sale of Assessment District bonds and cash collections. In order to expedite the improvements to be made underthe Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the special improvement fund. Any funds transferred into the special improvement fund (other than proceeds from the sale of Assessment District bonds and cash collections) shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Streets and Highways Code of the State of California. • 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of June, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk • CJ • RESOLUTION NO. 2004 - RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT), DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND TO DESIGNATE THE AREA AN UNDERGROND UTITLITES DISTRICT WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 69 (West Newport) (hereinafter referred to as the "Assessment District ") to provide forthe conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "); WHEREAS, this legislative body further desires to ascertain whether area comprising the Assessment District should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "CitY7; WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, togetherwith appurtenances and appurtenant work in connection therewith, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; WHEREAS, this legislative body has been presented and has received a map (the "Map') showing and describing the boundary of the area proposed to be assessed in the Assessment District; WHEREAS, the assessment proceedings forthe Assessment District were initiated by owners of the real property; NOW THEREFORE, Be it Determined, Resolved, and Ordered by the City Council of the City as follows: DECLARATION OF INTENTION SECTION 1. The public interest and convenience require, and it is the intention of this legislative body to order, pursuant to the Act, the construction of the public improvements hereinafter described in and forthe Assessment District, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. • DESCRIPTION OF IMPROVEMENTS . • SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: A. The improvements generally consist of the conversion of existing overhead electrical and communication facilities to underground locations within the area shown on the Map, togetherwith appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 69 (West Newport). B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineer's Report (described below) and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineer's Report. D. The description of the improvements contained in this Resolution is general in nature, and the plans and profiles of the work as contained in the Assessment Engineer's Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2, The improvements are of special benefit to the real properly within the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District, which is described as follows: All real property and other territory in the proposed Assessment District included within the exterior boundary lines shown on the Map described above, which Map, entitled "Proposed Boundaries Assessment District No. 69 (West Newport)," was previously approved by this legislative body, exhibits the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements, and is on file with the transcript of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the boundary Map. • 2 • REPORT OF THE ASSESSMENT ENGINEER SECTION 3. The proposed improvements are hereby referred to Harris & Associates (the "Assessment Engineer'), who is hereby directed to make and file a report as required by the Improvement Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California, and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750), such report (the "Assessment Engineer's Report") shall be in writing and contain the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective real property and otherterritory within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the proposed improvements upon the real property in the • Assessment District in proportion to the estimated special benefits to be received by the real property, respectively, from such improvements. Such assessment shall refer to such real property upon such diagram by the respective numbers thereof; E. The description of the improvements proposed to be constructed under these proceedings. When any portion or percentage of the assessable costs and expenses of the construction of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subparagraph D above. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500, et seq.), which bonds shall be issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. 3 The principal amount of the bonds maturing each year shall be other than an • amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first years adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officerto collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above, all of the improvements shall be constructed pursuant to the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five • percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements; or D. To call bonds. IMPROVEMENT FUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. In • PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Patrick Arciniega, Project Engineer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 (949) 644 -3347 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineers Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the City will not obligate itself to advance available funds from the City treasury to cure any deficiency that may occur in the bond redemption fund for the Assessment District. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 101 10 ofthe Streets and Highways Codeof the State of California, it is also the intention of this legislative body with respect to the improvements to be owned managed or controlled by any other public agency, regulated • public utility, or mutual water company, priorto ordering the construction of improvements, to enter into an agreement with each public utility company or public agency, or any 5 combination thereof with respect to the improvements to be owned, controlled or managed • by the utility or agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 8th day of June, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 2 Mayor • • RESOLUTION NO. 2004-. RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND PLACE FORA PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 69 (West Newport) (hereinafter referred to as the "Assessment District ")to provide forthe conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "); WHEREAS, the Assessment District area should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "Ordinance "); WHEREAS, a resolution of intention (the "Resolution of Intention ") forthe formation of the Assessment District and the utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the "Report") as provided for in and required by the Resolution of Intention, Sections 10203 and 10204 of the Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act ") (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law ") and the Ordinance; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted, passed upon, and preliminarily approved, as follows: A. The plans and specifications for the proposed improvements to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; • B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them . are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective real property interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which.have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several property interests in the Assessment District, in proportion to the estimated special benefits to be received by such property interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineers Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district, the proposed • assessments, and the designation of the area as an underground utilities district at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on July 27, 2004 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property that is subject to the assessment has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each property interest located within the assessment district and subject to a proposed assessment. Each such owner may complete such ballot and thereby indicate their support for or opposition to the proposed assessment. All such ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 A postmark prior to such date and time will not be sufficient. At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be opened and tabulated. If a majority protest exists, the City Council shall not impose an assessment within the assessment district. A majority protest 2 • exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the assessment district exceed the ballots submitted in favor of such assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 5. The City Clerk is hereby directed to mail, in the form and manner prescribed in the Assessment Law and at least 45 days prior to the date of the public hearing, notice of the public hearing and the adoption of the Resolution of Intention and of the filing of the Report, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of June, 2004, by the following vote: AYES: NOES: • ABSENT: ABSTAIN: ATTEST: City Clerk • Mayor BOND COUNSEL AGREEMENT • ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) THIS AGREEMENT is made and entered into as of May 1, 2004, by and between the City of Newport Beach, California, a municipality ( "City "), and Robert E. Hessell, attorney -at -law ( "Counsel "). IT IS HEREBY AGREED by and between Counsel and City as follows: SECTION 1. Obligations of Counsel. Under this agreement, Counsel shall perform legal services for and on behalf of City in connection with the proceedings relating to the formation of an underground utilities assessment district designated Assessment District No. 69 (West Newport) (the "AD "), to the establishment of an underground utilities district, and to any related bond or other debt issuance by, or for the benefit of, the AD. 1.1 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. SECTION 2. Scope of Services. Legal services to be provided by Counsel shall include: (a) attending negotiation sessions and otherwise assisting City staff in the negotiation with utility companies; (b) preparing all resolutions, notices, agreements, bonds, and other papers and documents required in the proceedings; (c) examining the proceedings related to the formation of the AD (d) appearing at all hearings under the proceedings, and attending any other meeting where attendance is requested by the City; (e) reviewing and examining the map showing the boundaries of the AD; (f) reviewing the method and formula utilized by the Assessment Engineer for the apportionment of the special assessment; (g) reviewing the "Report" of the Assessment Engineer; (b) 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 to be disseminated in connection with the issuance of any series of bonds related to authority and security for the bonds, tax- exemption, legal opinion, litigation, summary of bond indenture, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of any bonds or similar indebtedness; 0) preparing or reviewing any continuing disclosure agreement required under SEC Rule 15c2 -12; (k) consulting with any underwriter, rating agency and credit enhancement provider, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (1) consulting with any trustee, fiscal agent or paying agent, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (m) assisting in any ballot proceedings; (n) subject to the completion of the proceedings to Counsel's satisfaction, issuing an approving legal opinion attesting to the validity of the proceedings and the issuance of bonds or similar indebtedness, which legal opinion will be addressed to the City and will be delivered by Counsel on the date the bonds are exchanged for their purchase price (the "Closing "); (o) providing any necessary supplemental legal opinions as to the applicability of the registration requirements of federal securities laws and other matters related to the issuance of bonds or similar indebtedness; provided, however, such opinions do not include the rendering of a 10(b)5 opinion regarding any official statement or similar document; (p) providing advice and instruction to the City and its staff in connection with any of the foregoing. SECTION 3. Obligations of City. The City shall A. Furnish to Counsel such maps, records, title searches, filings, reports, certificates and other documents and proceedings, or certified copies thereof, as are necessary or convenient for Counsel to provide Counsel's approving legal opinions. B. Pay Counsel for services rendered pursuant to this agreement as follows: Formation of AD and Debt Issuance. If the AD is formed and bonds or similar indebtedness are issued by or for the benefit of the AD, Counsel shall be paid a fee • for all services computed on the principal amount of each series of bonds or similar indebtedness issued as follows: One -half of one percent (0.5 %) of the principal amount up to $5,000,000; plus One - quarter of one percent (0.25 %) of the principal amount from $5,000,001 to $10,000,000; plus One - eighth of one percent (0.125 %) of the principal amount from $10,000,001 to $20,000,000; plus One - sixteenth of one percent (0.0625%) of the principal amount above $20,000,001. Notwithstanding the foregoing, the minimum fee shall be $20,000. The fee for the bonds or similar indebtedness shall be due and payable upon the occurrence of the Closing. If Debt Is Not Issued. In the event that the AD is formed and debt is not issued for any reason, Counsel shall be paid a fee of $5,000 for all services rendered with respect to the formation of the AD. The fee shall be due and payable upon invoice from Counsel, which may be transmitted to the City following a determination that debt will not be issued. 3. Costs and Expenses. In addition to the foregoing, all costs and expenses reasonably incurred in connection with the proceedings to form the AD are to be billed to, and payable by, City. Costs and expenses will be billed at cost, except the expenses stated below will be billed as follows: Photocopying: $0.10 per page Mileage: IRS Rate - (unless over one -half hour and billed hourly) Facsimile: $0.10 per page (sending only) Computer Research: Cost, plus 10% Transcript Preparation: Not to exceed $90 per transcript Bond Preparation: Not to exceed $300 per series of bonds Costs and expenses incurred in connection with the proceedings to form the AD shall be due and payable at the time the fee for the services is due and payable and shall be payable solely from the proceeds of the first issuance of bonds or similar indebtedness, collections from the Assessment District, or any combination thereof. Expenses incurred in connection with the issuance of bonds or similar indebtedness shall be due and payable at the time of the Closing of the issue for which such expenses were incurred and shall be payable from the proceeds of the issue. SECTION 4. Limitation of Agreement. Counsel's services under this agreement are limited to those expressly set forth in Section 2 above. Among other things, the scope of services does not include: (a) preparing- requests - for -tax- rulings from the Internal Revenue Service, or no action letters from the Securities and Exchange Commission; (b) except as described in Section 2 above, assisting in the preparation or review of an official statement or other disclosure document with respect to any series of bonds, or performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document or rendering advice that the official statement or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading: (c) preparing blue sky or investment surveys • with respect to any series of bonds; (d) making an investigation or expressing any view as to the creditworthiness of the bonds; (e) representing the City in Internal Revenue Service examinations or inquiries, or Securities and Exchange Commission investigations; (f) after Closing of any series of bonds, providing the • City continuing advice concerning any actions necessary to assure that interest paid on the bonds will continue to be excludable from gross income for federal income tax purposes. SECTION 5. Additional Services. Upon written request of the City, Counsel will provide legal services related to certain appurtenant legal matters, including, but not limited to, the following: (a) preparation of a preliminary official statement and a final official statement; (b) litigation challenging the validity of (i) the proceedings to form the AD, to authorize the levy of special assessments or to issue bonds or similar indebtedness or (ii) the bonds or similar indebtedness; (c) ongoing review and advice regarding the City's compliance with any applicable continuing disclosure agreement; and (d) such other services as the City and Counsel should agree. Counsel, if requested by the City, will prepare a preliminary official statement and a final official statement for a fee of $10,000, plus the cost of printing and delivery. Counsel will perform any other services for a fee to be mutually agreed upon before any work is actually performed. SECTION 6. Conflicts. Counsel hereby states that Counsel does not represent clients with adverse interests to the City with respect to any matter within the scope of services to be provided under this agreement. City acknowledges that Counsel represents or has represented many public agencies and, occasionally, underwriters and other entities, and City understands the possibility that during the time of this agreement, one or more of Counsel's present or future clients may have transactions with the City. City also understands the possibility that Counsel may be asked to represent, in an unrelated matter, one or more of the entities involved in the matters contemplated by this agreement. Counsel does not believe that such representation, if it occurs, will adversely affect Counsel's ability to represent the City as provided in this agreement, either because the matters will be sufficiently different from the matters contemplated by this agreement so as to make the representations not adverse to Counsel's representation of the City or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client will be relevant to any aspect of the matters contemplated by this agreement. Execution of this agreement signifies the City's consent to Counsel's representation of others consistent with the circumstances described in this paragraph. Counsel hereby agrees to inform City in advance of any potential representation Counsel plans to undertake on behalf of other parties or entities involved in the matters contemplated by this agreement. [The remainder of this page is intentionally blank.] 0 • SECTION 7. Termination. Either party may terminate this Agreement by giving seven (7) calendar days written notice thereof to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. Approved as to form: n) City Attorney l J • City of Newport Beach By: Mayor, for the City of Newport Beach Robert E. Hessen 0 AMENDMENT NO. 1 TO • PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of May, 2004, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Harris & Associates, Inc., whose address is 34 Executive Park, Suite 150, Irvine, CA 92614- 4705, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On April 23, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for additional engineering services for Underground Assessment District No. 69 (West Newport), hereinafter referred to as 'Project'. This Agreement is scheduled to expire on April 30, 2006. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement. 0 C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Thirty Six Thousand Eight Hundred Dollars ($36,800.00). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. 11 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on • the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibits A and B � J CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: 0 Harris & Associates f: \users\pbw\shared \agreements \fy 03 -04 \hams -amend 1 -ad69 west newport.doc 0 Assessment Engineering Services Amendment #1— EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services SCOPE OF SERVICES — AMENDMENT #1 • The following are amendments to our scope of services as requested by the City. The amended items are underlined. Phase 3 - Property Owner Coordination after Formation 21. Answer property owner questions relating to the underground district, service connections, building permits and all other miscellaneous questions related to the undergrounding. 22. Mailing No. 1: Mail letters to property owners and site address telling them that the Edison contractor is starting work. Provide drafts of all correspondence to City prior to mailings to ensure letter content, inspector information, utility personnel, and phone numbers are accurate. City will provide letterhead for all mailings. 23 Mailing No. 2: Mail letters to property owners and site address telling them that it is time to connect to the new underground system once Edison has completed installation of the underground conduits and vaults. The format of the mailing is subiect to change (i.e. staggering by blocks or subsections of the District). The mailing of this letter will be subject to the contractor's schedule. (The City is extending the usual conversion time frame from 4 months to 10 months. 24 Research all returned letters to determine correct address and re -mail. Use sources such as MetroScan, the City s master ID System, and returned envelopes to verify owner's address. 25 Keep accurate records to avoid multiple letters to incorrect addresses. Check the City's website to verify homes that have pulled electrical underground permits. If a resident has not pulled a permit, coordinate with the Building Department Inspector to verify status of resident service (ext. underground, not responsive, etc). Field check residences as necessary to determine if properties have existing underground service when City information is not available. City's permit's Plus program is available at City Hall for use if needed, to assist in accessing information not available via the mtemet 26 Mailing No. 3: Mail follow -up letter to owners and site addresses that have not pulled Electrical Permits approximately 4 months after the date of letter #2. 27 Research all returned letters to determine correct address and re -mail. 28 Mailing No. 4: Mail follow -up letter 4 months after the date of Letter #3 to those property owners and site addresses that have not pulled Electrical Permits. Property owners should be reminded of the approaching deadline to have their utility service in compliance. 29 Mailing No. 5: Mail follow -up letter one month after the date of Letter #4 to those property owners and -site addresses that have not pulled - Electrical- Permits. Property owners should be.reminded.ofthe... approaching deadline to have their utility service in compliance. This Letter shall have a final conversion date with a statement of legal ramifications. Failure to comply will result in the matter being turned over to the City Attorney's Office 30 Coordinate with the Citv to have non - conforming property owners underground their overhead services This may require an additional letter reviewed and approved by the City Attorney's Office. Mail final letter #6 to owner /site address with 30 -day deadline and cc: City Attorney's Office for legal action for non - compliance. C:\Documents and Settings \parciniega \Local Settin.s\Temporary Intemet Files \OLKB\amendl exh_A2.doc Page A -1 mod L] • E Assessment Engineering Services Proposed Assessment District No. 69 31 Track conversion efforts on the City's FTP site. Amendment #1— EXHIBIT "A" Scope of Services 32 During the homeowner utility conversion phase, conduct monthly meetings to update City and community on progress of district conversions (estimated at 10 months). Preliminary Schedule The following schedule is an estimated timeline of project tasks and is based on receiving final cost estimates for the improvements in early May 2004. Task Est. Date Apr May Jun Jul Aug Se Receive Updated Design Plans from Utilities 9 -A r -04 Research and update Parcel Database mid Apr-04 Re- define District Boundary per updated plans late Apr -04 Prepare Boundary Map & Asmt Diagram late Apr -04 Prepare 1st Draft Prel. Engineer's Report late Apr-04 Review Comments with Project Team earl May-04 Receive Final Cost estimates from Utilities 10-May-04 Prepare 2nd Draft Prel. Engineer's Report mid May-04 Review Comments with Project Team late May-04 Submit Prel. Engineer's Report 25-May-04 Resolution of Intention 8- Jun -04 Notice /Ballot Production and Mailing by 11- Jun -04 45 Day Noticing Period thru 27- Jul -04 Property Owner Information Meeting Jun - Jul -04 Submit Final Engineer's Report 13- Jul -04 Public Hearing 27- Jul -04 Notice of Asmt Production and Mailing earl Aug-04 30 Day Cash Collection Period thru late Aug-04 Compilation of Paid/unpaid List early Sep -04 CADocuments and Settings \parciniega\Local Settings \Temporary Internet Files \OLKB\amendl exh_Aldoc Page A -2 mod Assessment Engineering Services Amendment #1— EXHIBIT "B" Proposed Assessment District No. 69 Fee Schedule FEE SCHEDULE — AMENDMENT #1 0 The following fees are being amended based on the additional work required to be performed due to: • Multiple plan revisions and cost revisions from the utilities, which required numerous modifications of the Engineer's Report, the Boundary Map and the Assessment Diagram; • Incorporating more than 1 property owner meeting and 1 team meeting, which were all that was funded initially; • Changes to Phase 3 of the Scope of Services described in Amendment #1 Exhibit "A ": Phase 1 - Engineer's Report and Formation Proceedings Tasks 1 through 14 (including ROI and Public Hearing meetings) ........... add additional $7,000 lump sum Task 15 (Utility, Project Team and Property Owner meetings) ....................... $600 lump sum per meeting Add additional 6 meetings = $3,600 Phase 2 - Assessment Confirmation and Bond Sale Tasks16 through 19 ........................................................................................ ............................... no change Task 20 (Project Team meetings) ........................................ ............................... $600 lump sum per meeting Add additional 2 meetings = $1,200 Phase 3 - Property Owner Coordination after Formation Tasks 21 through 32 ......................... ...........................time & materials, estimated at an additional $25,000 • Total Additional Fee = $36,800 These lump sum fees and the time & material rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2004. Hams' current schedule of hourly rates are provided below. SCHEDULE OF HOURLY RATES Project Director ............... ............................... $200 / hour Project Manager .................. ...........................$190 / hour Deputy Project Manager . ............................... $160 / hour Senior Project Engineer .. ............................... $140 / hour Project Engineer ................... ..........................$1.20 / hour Junior Project Engineer ........ ............................$90 / hour Senior Project Analyst ...... ............................... $85 / hour Senior Drafting Technician . ...........................$100 / hour Project Analyst ..................... ............................$75 / hour Clerical Staff ........................ ............................$60 / hour • These hourly rates may be updated on an annual (calendar year) basis. CADocuments and Settings \parciniega\Local Settin.- ffemporary Intemet Fi1es \0LKB\amend1 exh Bl.doc Page $ -1 Mod 0 E Assessment Engineering Services Proposed Assessment District No. 69 Amendment #1— EXHIBIT "B" Fee Schedule A table showing the total estimated hours of work allocated for the amended Phase 3 Tasks is provided below. C\DocumenB and Settings\paniniega\Local Seriings\Tempoary Internet Files \OLKB\amendl exh_Bl.doc Page B -2 Mod Project Manager Sr. Proj. Analyst Clerical TOTALS HOURS TASK IHOURSIHOURS HOURS Phase 3 -Pro erty Owner jand situs address) Coordination after Formation Answer Property Owner Questions regarding under rounding 6 110 116 Mailing No. 1 2 14 8 24 Mailing No. 2 2 16 8 26 Research returned letters 1 4 5 Maintain records of mailings 2 36 38 Mailing No. 3 2 16 8 26 Research returned letters 1 4 5 Mailing No. 4 2 16 8 26 Research returned letters 1 4 5 Mailing No. 5 2 16 8 26 Research returned letters 1 4 5 Mailing No. 6 and coordination with City A 's office 4 16 8 28 Track Conversion Efforts on FTP Site (monthly tracking) 1 20 21 Coordination to finalize undergrounding 6 20 26 Monthly Status Meetings during conversion (est. 10 months 40 40 73 296 48 417 C\DocumenB and Settings\paniniega\Local Seriings\Tempoary Internet Files \OLKB\amendl exh_Bl.doc Page B -2 Mod City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) TABLE OF CONTENTS Page Introduction and Certifications ............................................................. ............................... 1 PART I Plans and Specifications ..................................................... ..............................4 PARTII Cost Estimate ...................................................................... ............................... 5 PART III Assessment Roll and Method of Assessment Spread ....... ..............................6 Table1 — Assessment Roll..: ............................................................................... 8 Debt Limit Valuation ........................................................... .............................21 Exhibit 1 — Method and Formula of Assessment Spread ... ............................... 22 PART IV Annual Administrative Assessment .................................. .............................26 PART V Boundary Map and Diagram of Assessment District ... ............................... 27 PART VI Description of Facilities ................................................... ............................... 48 Right -of -Way Certificate ..................................................... .............................49 Certification of Completion of Environmental Proceedings ............................. 50 APPENDIX 0 • Q %Newport BeaWAd694epom'.prel 1 =rpl MMay93.doc !, � Harris &Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 1 • AGENCY: CITY OF NEWPORT BEACH PROJECT: ASSESSMENT DISTRICT NO. 69 TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE The purposes of this Assessment District is to provide financing to underground power, telephone and cable facilities in the area generally described as West Newport, specifically the areas between Seashore Drive and West Ocean Front, from Summit Street to 33`d Street; between River Avenue and Lido Sands Drive, from West Coast Highway to Balboa Avenue; between River Avenue and Seashore Drive, from 56`t' Street to 47`h Street; and Ocean Front alley, from 33rd Street to the alley east of 301h Street_ The proposed underground utility improvements will provide conversion to a more safe and reliable upgraded utility system and will improve neighborhood aesthetics. The construction of these improvements will conform to existing City of Newport Beach, Southern California Edison, SBC Communications and Adelphia Cable standards. By virtue of such improvements, the proposed improvements are of special and direct benefit to these properties. Pursuant to the provisions of Article XIIID of the State Constitution, Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code of the State of California, and the "Municipal Improvement Act of 1913 ", being Division 12 of said Code, and the Resolution of Intention, adopted by the City Council of the CITY OF NEWPORT BEACH, State of California, in connection with the proceedings for Assessment District No. 69 (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- attaehed hereto. PART III This part consists of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in Q Wew'pon Beech'.4d69%rep0rulpre1 I ,rpi 26J1a)04.doc � Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 2 proportion to the special benefits to be received by such subdivisions from said improvements, • which is set forth upon the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true value, determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. 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. is The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. PART VI This part shall consist of the following information: A. Description of facilities B. Right -of -Way Certificate C. Environmental Certificate This report is submitted on the day of _/ Jay , 2004. HARRIS & ASSOCIATES JOAN E. COX, P.E. R.C.E. No. 41965 ENGINEER OF WORK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 0 Q'Nervpon Beach�M69�repons.prel I3ipi 26May04 doc !S J � I Harris &Associates 0 City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 3 Preliminary approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, on the day of , 2004. 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 , 2004. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Q`,Neu,pnn 13each\Ad69vepons'.prc1 13rp116May04.doc !' Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) 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. 69, West Newport, specifically the areas between Seashore Drive and West Ocean Front, from Summit Street to 33rd Street; between River Avenue and Lido Sands Drive, from West Coast Highway to Balboa Avenue; between River Avenue and Seashore Drive, from 56" Street to 47`h Street; and Ocean Front alley, from 33d Street to the alley east of 30`h Street, describe the general nature, location and extent of the improvements for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. Said Plans and Specifications for the improvements are on file in the office of the Superintendent of Streets. 0 Q..Newpun Beach`.Ad69\repoM \prcl 13rpt26MayO4.doc � Harris &Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 5 • Part II Cost Estimate Total Construction Costs: $8,055,612 INCIDENTAL EXPENSES Estimated Costs CONSTRUCTION COSTS Preliminary Confirmed Electrical Construction Costs' $40,000 Southern California Edison $3,746,964 Street Rehabilitation $130,131 Contingency (15 %) $581,814 Edison Design Engineering $60,000 Subtotal Electrical Costs: $4,518,909 Telephone Construction Costs' $3,000 SBC Communications $2,992,767 Contingency (15 %) $450,036 SBC Communications Design Engineering $93,900 Subtotal Telephone Costs: $3,536,703 Total Construction Costs: $8,055,612 INCIDENTAL EXPENSES Assessment Engineering $85,000 Contract Inspection $40,000 Disclosure Counsel $23,500 City Administration $99,500 Financial Advisor $30,000 Filing Fees $5,000 Bond Counsel $35,000 Paying Agent $3,000 Financial Printing, Registration and Servicing $16,000 Incidental Contingencies $39,388 Total Incidental Expenses: $376,388 Total Construction and Incidental Expenses: $8,432,000 FINANCING COSTS (1st Bond Issue) Underwriter's Discount 1.10% $101,000 Bond Reserve/Credit Enhancement 7.00% $642,000 Total Financial Costs: $743,000 DISTRICT FORMATION AMOUNT TO ASSESSMENT: $9,175,000 FEDERAL INCOME TAX COMPONENT OF CONTRIBUTION (ITCC) (2nd Bond Issue) " FINANCING COSTS (2nd Bond Issue) Federal Tax Component $836,530 Underwriters Discount 1.10% $11,000 Bond Reserve 3.00% $31,000 Funded Interest @ 6 months @ 6.00% $31,000 Bond Counsel $10.000 Disclosure Counsel $25,000 Paying Agent $3,000 - Incidental Contingencies $96,857 TOTAL FEDERAL TAX AND FINANCING COSTS: $1,044,387 TOTAL AMOUNT TO ASSESSMENT: $10,219,387 Adelphia Cable is required to pay for undergrounding through the Franchise Agreement with the City. 2nd Bond Issue for federal Income Tax Component of Contribution (23.5%) will only be issued if the Federal Government requests payment of the lax Q.1Ne,pon Beach\Ad69\repons \prel 13rpt 261,13�04.doc !S N Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 6 Part III • Assessment Roll and Method of Assessment Spread WHEREAS, on 2004 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. 2004-. 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. 69 (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;Wewpon Beach\Ad69'vepons \pre1 13rpt 26MayO4.doc !' � Harris &Associates • City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 7 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein. 4_ NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915 "), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, THIRTY -NINE (39) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913 ", and by further direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: For particulars as to the individual assessments and their descriptions, reference is made to Table 1 (Assessment Roll) attached hereto. 6. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit 1), which is attached hereto, referenced and so incorporated. Q "Newpon Beach' aM69'vepors'.prel 13rpt26!9av04.doc I Harris & Associates As Preliminarily As Approved Confirmed Estimated Cost of Construction: $8,055,612 Estimated Incidental Expenses: $376,388 Estimated Financial Costs: $743,000 Estimated Federal Tax & Financing Costs: $1,044,387 Estimated Total to Assessment: $10,219,387 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 "Newpon Beach' aM69'vepors'.prel 13rpt26!9av04.doc I Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 8 Table 1 Assessment Roll 2 045-021 -10 Preliminary Preliminary Final Final $16,106.20 Assessors Total District For- Total Asmt Dist. For- Total ASmt Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien No. Number Value Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio 1 045091 -09 $1 995 nnn Sn 4In nan �n 31a vu on 6 045-021 -07 2 045-021 -10 $125,907 $0 $14,46020 $16,106.20 8 3 045 -021 -02 $100,694 $o $14,460.20 $16,106.20 6 4 045 -021 -03 $570,105 $0 $14,460.20 $16,10620 35 5 045 -021 -08 $846,830 $0 $14,460.20 $16,106.20 53 6 045-021 -07 $148,527 $0 $14,46020 $16,10620 9 7 045-021 -05 $1,274,380 $0 $14,46020 $16,106.20 79 8 045-021-04 $971,776 $0 $14,460.20 $16,10620 60 9 045 -022 -01 $149,355 $0 $14,46020 $16,10620 9 10 045-022 -13 $148,627 $0 $14,46020 $16,10620 9 11 045- 022 -12 $797,048 $0 $14,460.20 $16,106.20 49 12 045- 022 -11 $506,015 $0 $14,460.20 $16,106.20 31 13 045- 022 -10 $492,431 $0 $14,460.20 $16,106.20 31 14 045- 022 -09 $166,318 $0 $14,460.20 $16,106.20 10 15 045 -022 -03 $152,486 $0 $14,460.20 $16,10620 9 16 045 -022-04 $691,883 $0 $14,460.20 $16,10620 43 17 045- 022 -05 $811,790 $0 $14,460.20 $16,106.20 50 18 045-022 -06 $1,062,481 $0 $14,460.20 $16,10620 66 19 045 -022 -07 $738,124 $0 $14,460.20 $16,10620 46 20 045 - 022 -08 $1,501,258 $0 $14,46020 $16,106.20 93 21 045-02311 $157,124 $0 $14,460.20 $16,106.20 10 22 045-02310 $833,225 $0 $14,460.20 $16,106.20 52 23 045-02315 $163,946 $0 $14,460.20 $16,10620 10 24 045- 023 -14 $163,633 $0 $14,460.20 $16,106.20 10 25 045 -02316 $838,000 $0 $14,460.20 $16,106.20 52 26 045 -023 -03 $347,628 - $0 $14,46020 $16,106.20 22 27 045 - 023 -04 $1,012,883 $0 $14,460.20 $16,106.20 63 28 045- 023 -05 $1,528,698 $0 $14,460.20 $16,10620 95 29 045 - 023 -06 $688,021 $0 $14,460.20 $16,106.20 43 30 045 - 023 -12 $1,192,009 $0 $14,460.20 $16,106.20 74 31 045 -02313 $114,405 $0 $14,460.20 $16,106.20 7 32 045 -024 -01 $269,602 $0 $14,460.20 $16,106.20 17 0 0 QiNewpon BeachAdWiepons'.prel 13rpt 26May04 doc � Harris &Associates 0 58 City of Newport Beach $138,153 $0 $14,46020 $16,106.20 May 26, 2004 59 Underground Utility Assessment District No. 69 (West Newport) $108,202 $0 $14460.20 Preliminary Engineer's Report 7 60 045-032 -05 $2,069,355 Page 9 $14,460.20 $16,106.20 128 61 045- 032 -06 $2,000.000 $0 $14460.20 $16,106.20 124 Preliminary Preliminary Final Final $0 $14.460.20 Assessor's Total 7 District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien No. Number Value Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio 51 045- 031 -07 $1,881,900 $0 $14,460.20 $16,106.20 117 52 045- 031 -08 $131,718 $0 $14,460.20 $16,106.20 8 53 045- 035-16 $257,042 $0 $144,602.13 $161,062.13 N/A ' 54 045- 032 -01 $132,787 $0 $14,460.20 $16,106.20 8 55 045- 032 -02 $438,106 $0 $14,460.20 $16,106.20 27 56 045-032 -10 $264,918 $0 $7,230.10 $8,053.10 33 57 045- 032 -09 $137246 $0 $7230.10 $8o53 in 17 0 58 045- 032 -03 $138,153 $0 $14,46020 $16,106.20 9 59 045- 032 -04 $108,202 $0 $14460.20 $16,106.20 7 60 045-032 -05 $2,069,355 $0 $14,460.20 $16,106.20 128 61 045- 032 -06 $2,000.000 $0 $14460.20 $16,106.20 124 62 045- 032 -07 $109.080 $0 $14.460.20 $16.106.20 7 17 17 103 045 - 092 -05 $184,151 $0 $14460.20 $16,106.20 104 $808,823 �$0 $14460.20 $16,106.20 _ 50 City-owned property will be pre -paid prior to bond sale, therefore, value to lien ratio is not applicable Q: W e.vpurt Beach WdOveports �prel 1 },pt 26.MavV4 doc � Harris &Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No, 69 (West Newport) Preliminary Engineer's Report Page 10 Preliminary Preliminary Assessor's Total District For - Asmt Parcel True Existing mation (1st No. Number Value Liens Bond Issue) Preliminary Final Final Total Asmt Dist. For- Total Asmt Value (1st & 2nd mation (1st (1st & 2nd to Lien Bond Issues) Bond Issue) Bond Issues) Ratio 105 045-093 -09 $68,908 $0 $7,230.10 $8,053.10 9 106 045- 093-10 $523,680 $0 $7,230.10 $8,053.10 65 107 045-093 -02 $271,359 $0 $14,460.20 $16,10620 17 108 045-093 -08 $1,785,000 $0 $14,460.20 $16,106.20 111 109 045- 093-07 $690,291 _ $0 $14,460.20 $16,106.20 43 110 045-093 -06 $962,501 $0 $14,460.20 $16,10620 60 111 045-093 -05 $325,510 $0 $14,460.20 $16,106.20 20 112 045-093 -04 $109,262 $0 $14,460.20 $16,106.20 7 113 045- 093-11 $118,212 $0 $14,46020 $16,106.20 7 114 045-09412 $55,588 $0 $7,230.10 $8,053.10 7 115 045-094 -02 $363,799 $0 $7,230.10 $8,053.10 45 116 045-094 -03 $129,914 $0 $14,46020 $16,106.20 8 117 045- 094 -13 $131,598 $0 $14,460.20 $16,106.20 8 118 045- 094 -14 $179,895 $0 $14,460.20 $16,106.20 11 119 045- 094 -15 $1,192,009 $0 $14,460.20 $16,10620 74 120 939 - 72012 $187,374 $0 $7,230.10 $8,053.10 23 121 939- 720 -13 $815,289 $0 $7,230.10 $8,053.10 101 122 045- 094 -06 $233,699 $0 $14,460.20 $16,106.20 15 123 045-094 -10 $98,625 $0 $14,460.20 $16,106.20 6 124 045- 101 -13 $606,349 $0 $7,230.10 $8,053.10 75 125 045- 101 -15 $345,513 $0 $7,230.10 $8,053.10 43 126 045- 101 -05 $90,745 $0 $14,460.20 $16,106.20 6 127 045- 101 -11 $353,934 $0 $14,460.20 $16,106.20 22 128 045- 101 -10 $110,827 $0 $14,460.20 $16,106.20 7 129 045- 101 -14 $1,448,669 $0 $14,460.20 $16,106.20 90 130 045- 101-09 $1,636,963 $0 $14,460.20 $16,10620 102 131 045- 101 -08 $1,606,500 $0 $14,460.20 $16,106.20 100 132 045- 101 -16 $1,543,076 $0 $14,460.20 $16,106.20 96 133 045 -105 -22 $384,067 $0 $180,752.56 $201,327.56 N/A ` 134 045 - 102 -01 $490,871 $0 $14,460.20 $16,106.20 30 135 045- 102 -02 $855,442 $0 $14,460.20 $16,106.20 53 136 045- 102 -12 $434,087 $0 $14,460.20 $16,106.20 27 137 045- 102 -11 $129,350 $0 $14,460.20 $16,106.20 8 138 045- 102 -08 $1,577,797 $0 $14,460.20 $16,106.20 98 139 045- 102 -04 $2,548,980 $0 $14,46020 $16,10620 158 140 045- 102 -03 $163,064 $0 $14,460.20 $16,106.20 10 141 045- 103-01 $1,304,728 $0 $14,460.20 $16,106.20 81 _ 142 045- 103 -02 $452,007 $0 $14,460.20 $16,106.20 28 E 0 0 Q:We«pon Beach'AdO9 epuns`,prel 13rpx 26May04.doc � Harris &Associates • 11 159 City of Newport Beach $904,334 $0 $14,460.20 $16,106.20 56 May 26, 2004 424 - 481 -05 Underground Utility Assessment District No. 69 (West Newport) $0 $14,460.20 $16,106.20 63 161 424 - 481 -06 Preliminary Engineer's Report $0 $14,460.20 $16,10620 82 162 Page 11 • $0 $14,460.20 $16,106.20 8 163 424 - 482 -02 $131,200 Preliminary Preliminary Final Final 424 -482 -03 $824,139 Assessor's Total District For- Total Asmt Dist. For- Total Asmt Value $997,524 Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien $132,917 No. Number Value Liens Bond Issuel Rond Issuesl Rond Issuel Bond Issued B�fin • 11 159 424 - 481 -04 $904,334 $0 $14,460.20 $16,106.20 56 160 424 - 481 -05 $1,020,969 $0 $14,460.20 $16,106.20 63 161 424 - 481 -06 $1,326,954 $0 $14,460.20 $16,10620 82 162 424 -482 -01 $124,091 $0 $14,460.20 $16,106.20 8 163 424 - 482 -02 $131,200 $0 $14,460.20 $16,106.20 8 164 424 -482 -03 $824,139 $0 $14,460.20 $16,106.20 51 165 424 -482 -04 $997,524 424 - 491 -01 $0 $14,460.20 $16,106.20 62 166 424 -482 -05 $132,917 191 $0 $14,460.20 $16,106.20 8 167 424- 482 -06 $1,797631 $0 $14,460.20 $16,106.20 112 168 424 - 471 -04 $60,356 $0 $86,761.30 $96,637.30 N/A ' 169 424 - 483 -01 $453,961 $0 $14,460.20 $16,106.20 28 170 424 - 483 -02 $208,295 $o $14,460.20 $16,106.20 _ 13 171 424 - 483 -03 $774,549 $0 $14,46020 $16,106.20 48 183 424 - 501 -01 $321,981 $0 $14,460.20 $16,106.20 20 184 424 - 501 -02 $587,883 $0 _ $14,460.20 $16,106.20 37 185 424 - 501 -03 $481,157 $0 $14,46020 $16,10620 30 187 424 -505-01 $794,844 $0 $14,460.20 $16,106.20 49 188 424 -505-02 $794,644 $0 $14,460.20 $16,106.20 49 189 424 - 505-03 $216,153 $0 $14,460.20 $16,106.20 13 190 424 - 491 -01 $558,335 $0 $7,230.10 $8,053.10 69 191 424 - 491 -02 $1,456,560 $0 $7,230.10 $8.053.10 181 Q: \Nc«port Beach \Ad6Q�repurts'.prel Orpt 26,W)04 doc Harris & Associates City of Newport Beach 424 - 503 -13 $595,313 $0 $14,460.20 $16,106.20 May 26, 2004 221 Underground Utility Assessment District No. 69 (West Newport) $0 $14,460.20 $16,106.20 31 Preliminary Engineer's Report 424 - 503 -10 $106,450 $0 $14.460.20 $16,106.20 Page 12 223 424 - 503 -09 $422,882 $0 $14,460.20 $16,106.20 47 26 224 424 - 503 -08 • $0 $14,46020 $16,106.20 $7,230.10 9 Preliminary Preliminary Final Final $247,345 Assessor's Total $7.230.10 District For- Total Asmt Dist. For- Total Asmt Value _ $0 $7,230.10 $8,053.10 Asmt Parcel True Existing mation(1 st list 82nd mation(lst (1st 82nd to Lien No. Number Value Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio 213 424 - 504 -06 $125,526 $0 $14,460.20 $16,106.20 8 214 424 - 502 -12 $89,626 $0 $7,230.10 $8,053.10 11 215 424 - 502 -11 $80,050 $0 $7,230.10 $8,053.10 10 216 424 - 502 -10 $390,532 $0 $7,230.10 $8,053.10 48 217 424 - 502 -09 $296,562 $0 $7,230.10 $8,053.10 37 218 424 - 502 -08 $585,000 $0 $7,230.10 $8,053.10 73 219 424 - 502 -07 $622,200 $0 $7.230.10 $8.053.10 77 210 424 - 503 -13 $595,313 $0 $14,460.20 $16,106.20 37 221 424 - 503 -11 $500,596 $0 $14,460.20 $16,106.20 31 222 424 - 503 -10 $106,450 $0 $14.460.20 $16,106.20 7 223 424 - 503 -09 $422,882 $0 $14,460.20 $16,106.20 47 26 224 424 - 503 -08 $142,982 $0 $14,46020 $16,106.20 $7,230.10 9 225 424 - 503 -07 $89,999 $0 $14,460.20 $16.106.20 $247,345 8 250 424 - 492 -04 $1,040,400 $0 $7,230.10 $8,053.10 $8,053.10 129 251 424-492 -05 $115,155 $0 $7,230.10 $8,053.10 _ $8,053.10 14 252 424 -492 -06 $381,199 $0 _ $7,230.10 $7,230.10 _ 66 $8,053.10 47 253 424 - 493 -01 $1,027,750 $0 262 $7,230.10 $287,121 $8,053.10 128 254 424 -493 -02 $247,345 $0 _ $0 $7,230.10 $7.230.10 $8- 053.10 11 255 424 -493 -03 $840,824 $0 $7,230.10 $8,053.10 104 256 424 -493 -04 $1,603,837 $0 $7,230.10 $8,053.10 199 257 424 -493 -05 $1,484,629 $0 $7,230.10 $8,053.10 184 258 _ 424 -493 -06 $217 863 $0 $7,230.10 $8,053.10 27 259 424 - 494 -01 $107,138 $0 $7,230.10 $8,053.10 13 260 424 - 494 -02 $534,338 _ $0 _ $7,230.10 $8,053.10 _ 66 —261 424 - 494 -03 $1,253,529 $0 $7,- 230.10 ___ $8,053.40 156 262 424 - 494 -04 $287,121 $0 $7230.10 $8,053.10 36 263 424 - 494 -05 $1,432,630 _ $0 $7,230.10 $8,053.10 178 264 424 - 494 -06 $1,051,700 _ $0 $7,230.10 $8,053.10 131 Zoo 4<4- 401-ul asya,i4s 50 _ $14460.20 M,106.2625 266 424 - 461 -02 $114,332 $0 $14,460.20 $16,106.20 7 0 QANe%Vurt Beach Ad691reports prel I3rpt 26May94 doc t� j � I Harris &Associates C J • City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 13 Preliminary Assessors Total District For - Asmt Parcel True Existing mation (1st No. Number Value Liens Bond Issue) Preliminary Final Final Total Asmt Dist. For- Total Asmt Value (1st & 2nd mation (1st (1st & 2nd to Lien Bond Issues) Bond Issue) Bond Issues) Ratio 273 424462 -03 $676,260 $0 $14,460.20 $16,106.20 42 274 424462 -04 $279,348 $0 $14,460.20 $16,106.20 17 275 424 - 462 -05 $624,240 $0 $14,46020 $16,106.20 39 276 424-462 -06 $907,800 $0 $14,460.20 $16,106.20 56 277 424463 -01 $111,078 $0 $14,460.20 $16,106.20 7 278 424463 -02 $510,094 $0 $14,46020 $16,10620 32 279 424 -46303 $98,002 $0 $14,46020 $16,106.20 6 280 42446304 $654,200 $0 $14,46020 $16,106.20 41 281 42446305 $393,833 $0 $14,460.20 $16,106.20 24 282 424463 -06 $756,641 $0 $14,460.20 $16,106.20 47 283 424 -46307 $166,841 $0 $14,460.20 $16,106.20 10 284 424 - 463 -08 $469,578 $0 $14,460.20 $16,106.20 29 285 424 -46309 $163,759 $0 $14,460.20 $16,106.20 10 286 424461 -12 $568.276 $0 $14.460.20 $16.106.20 35 287 424461 -11 $101.951 $0 $14.46020 $16.10620 6 288 424461 -10 $112,832 $0 $14,46020 $16,106.20 7 289 424461 -09 $113,521 $0 $14,460.20 $16,106.20 7 290 424461 -08 $384,188 $0 $14,46020 $16,106.20 24 291 424461 -07 $113,018 $0 $14,46020 $16,106.20 7 292 424462 -12 $512,868 $0 $14,460.20 $16,106.20 32 293 424462 -11 $352.146 $0 $14.460.20 $16.106.20 22 294 424462 -10 $473,187 $0 $14,460.20 $16,106.20 29 295 424462 -09 $577,422 $0 $14,460.20 $16,106.20 36 296 424462 -08 $97,816 $0 $14,46020 $16,106.20 6 297 424462 -07 $652,642 $0 $14,460.20 $16,106.20 41 298 424463 -16 $475,776 $0 $14,46020 $16,106.20 30 299 42446315 $300,629 $0 $14,460.20 $16,106.20 19 300 42446314 $239,723 $0 $14,460.20 $16,106.20 15 301 42446313 $151,122 $0 $14,460.20 $16,106.20 9 302 424 - 463 -12 $96,308 $0 $14,460.20 $16,106.20 6 303 424463 -11 $523,475 $0 $14,460.20 $16,106.20 33 304 42446310 $371,984 $0 $14,460.20 $16,106.20 23 305 424464 -01 $348.222 $0 $14,460.20 $16,106.20 22 306 424464 -02 $721,621 $0 $14,46020 $16,106.20 45 307 424464 -03 $272,287 $0 $14,46020 $16,106.20 17 308 424464 -04 $483,550 $0 $14,460.20 $16,106.20 30 309 424464 -05 $470,281 $0 $14,460.20 $16,106.20 29 310 424464 -06 $275,413 $0 $14,46020 $16,106.20 _ 17 311 424 - 464 -07 $644,225 $0 $14,460.20 $16,106.20 40_ 312 424464 -08 $540,763 $0 $14,46020 $16,106.20 34 313 424 - 464 -09 $558.927 $0 $14.460.20 $16.106.20 35 Q' \Newport E3each`M607epen.`'prel 13rpt 26N4ay05.doc Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No, 69 (West Newport) Preliminary Engineer's Report Page 14 Preliminary Preliminary Final Final Assessors Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien 358 114 - 222 -19 $353,102 $0 $7,230.10 $8,053.10 44 359 114 - 222 -18 $429,108 $0 $7,230.10 $8.053.10 _ 53 360 114 - 222 -17 $454,869 $0 $7,230.10 $8,053.10 56 361 114- 222 -16 $319,445 $0 $7,23010 $8.053.10 40 362 114 - 211 -22 $358,073 $0 $7,230.10 $8.053.10 44 363 114 - 211 -21 $227,457 $0 $7,230.10 $8,053.10 28 364 114 - 211 -20 $663,000 $0 $7,230.10 $8,05310 82 365 114 - 211 -19 $216,865 $0 $7.230.10 $8.053.10 27 E 0 0 Q: \Ne.vp.n neaCh\Wd69\repoM , prel 13,pt 26May04.doc !! � Harris &Associates City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report 114 - 222 -03 $431,843 May 26, 2004 Page 15 Assessor's Asmt Parcel No. Number Total True Value Existing Liens Preliminary District For- mation (1st Bond Issue) Preliminary Total Asmt (1st & 2nd Bond Issues) Final Dist. For- mation (1st Bond Issue) Final Total Asmt Value (1st & 2nd to Lien Bond Issues) Ratio 375 114- 211 -09 $398,669 $0 $7,230.10 $8,053.10 $493,461 50 376 114- 211 -08 $637,227 $0 $7,230.10 $8,053.10 $140,177 79 377 114- 211 -07 $545,730 $0 $7,230.10 $8,053.10 114- 211 -24 $65,418 68 378 114 - 211 -06 $65,418 $0 $7,23010 $8,053.10 8 8 379 114 -211 -05 $629,442 $0 $7,230.10 $8,053.10 114 - 211 -27 $642,748 78 380 114 -211 -04 $91,116 $0 $7,230.10 $8,053.10 405 11 381 114 - 211 -03 $292,256 $0 $7230.10 $8,053.10 11 36 382 114 - 211 -02 $67,417 $0 $7,230.10 $8.053.10 $0 $7,230.10 $8.053.10 A • 386 114 - 222 -03 $431,843 $0 $7,230.10 114- 222 -12 $504,073 $8,053.10 54 387 114 - 222 -04 $389,032 $0 $7,230.10 397 $8,053.10 48 388 114- 222 -05 $493,461 $0 $7,230.10 114 - 222 -15 $226,159 $8,053.10 61' 389 114 - 222 -06 $140,177 $0 $7.230.10 $0 $7,230.10 $8,053.10 $8.053.10 17 394 114 - 222 -11 $107,236 _ $0 $7,230.10 $8,053.10_ 13 395 114- 222 -12 $504,073 $0 $7,230.10 $8,053.10 _ 63 396 114- 222 -13 $97,628 $0 $7,230.10 $8,053.10 12 397 114 - 222 -14 $358,306 $0 $7,230.10 $8,053.10 44 398 114 - 222 -15 $226,159 $0 $7,230.10 $8,053.10 28 399 114- 211 -23 $458,968 $0 $7,230.10 $8,053.10 413 57 400 114- 211 -24 $65,418 $0 $7,230.10 $8,053.10 8 401 114 - 211 -25 $67,417 $0 $7,230.10 $8,053.10 8 402 114 - 211 -26 $65,418 $0 $7,23010 $8,053.10 8 403 114 - 211 -27 $642,748 $0 $7,230.10 $8,053.10 80 404 114 - 211 -28 $459,935 $0 $7,230.10 $8,053.10 57 405 114 - 211 -29 $870,847 $0 $7,230.10 $8,053.10 108 406 114 - 211 -30 $85,490 $0 $7,231110 $8,053.10 11 407 114 - 211 -31 $96,378 $0 $7,23010 $8,053.10 12 408 114 - 211 -32 $75,548 $0 $7,230.10 $8.053.10 9 41u 114 - 211 -34 2349,139 $0 $7,230.10 $8,053.10 $8.053.10 421 43 411 114 - 211 -35 $65,418 $0 $7,230.10 4241311 -01 $8,05110 $0 $14,460.20 8 412 114 - 211 -36 $389,032 $0 $7,230.10 _ $16;106.20 $8,053.10 424 48 413 114 - 211 -37 $570,292 $0 $7,230.10 425 $8,053.10 $492,849 71 414 114 - 211 -38 $440,223 $0 $7,230.10 $5212200 _ $8,053.10 55 415 114 - 211 -39 $67,417 $0 -$0 $7,230.10 13 $8,053.10 424 - 4-07 11 8 416 114 - 211130 $65,418 $7,230.10 using the average assessed value of properties $8,053.10 8 _ 417 114 - 211131 $719,100 $0 $7,230.10 $8,053.10 89 418 419 114 - 211 -42 114- 21143 $244,1_64 $468.180 $0 $0 $7,230.10 $723010 $8,053.10 58 053 _ 10 30 sx 420 114 - 21144 $353,723 $0 $7,230.10 $8,053.10 44 421 114 - 211136 _ $728,866 " $0 $28,920.41 $32,212.41 44 422 4241311 -01 $81,617 $0 $14,460.20 $16,10620 5 423 424 - 411 -02 $630,360 $0 $14.460.20 _ $16;106.20 39 424 4241311 -03 $332,678 $0 $14460.20 $16.106.20 21 425 424- 411 -04 $492,849 $0 $16,106.20 31 426 424 - 411 -05 $5212200 _ __$14,460.20 $0 $14,460.20 32 427 424- 411 -06 __ $204,843 $0 $14.460.20 _$16,106.20 $16,106.20 13 _428 424 - 4-07 11 $264,31_6 $0 $14,460.20 $16.106.20 16 " The Total True Value for this property has been calculated within this Assessment District sold in the last two years. using the average assessed value of properties QANewport Aeach'AdVAreportslprel I_rpt 26 \1ayO4 doc Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 16 Preliminary Final Preliminary Assessor's Total District For - Asmt Parcel True Existing mation (1st No. Number Value Liens Bond Issue) Preliminary Final Final Total Asmt Dist For- Total Asmt Value (1st & 2nd mation (1st (1st & 2nd to Lien Bond Issues) Bond Issue) Bond Issues) Ratio 429 930 - 614 -01 $303,970 $0 $7,230.10 $8,053.10 38 430 930 - 614 -02 $632,400 $0 $7,230.10 $8,053.10 79 431 424-411 -12 $482,282 $0 $14,46020 $16,106.20 30 432 424 -411 -11 $671,058 $0 $14,460.20 $16,106.20 42 433 424 - 411 -10 $641,496 $0 $14,460.20 $16,106.20 40 434 424 -411 -09 $402,209 $0 $14,460.20 $16,106.20 25 435 424 -411 -08 $90,309 $0 $14,460.20 $16,10620 6 436 424 -414 -01 $490,739 $0 $14,460.20 $16,106.20 30 437 424 -414 -02 $387,417 $0 $14,460.20 $16,106.20 24 438 424 -414 -03 $925,000 $0 $14,460.20 $16,106.20 57 439 424 -414 -04 $584,317 $0 $14,460.20 $16,106.20 36 440 424 -414 -05 $562,739 $0 $14,46020 $16,106.20 35 $0 $14,460.20 $16,106.20 83 441 424 -454 -01 $1,333,722 442 424 - 454 -02 $164,344 $0 $14,46020 $16,106.20 10 443 424 -454 -03 $1,938,000 $0 $14,46020 $16,106.20 120 444 424 -454 -04 $1,145,419 $0 $14,460.20 $16,10620 71 445 424 -454 -05 $163,252 $0 $14,460.20 $16,106.20 10 446 424 -454 -06 $858,668 $0 $14,460.20 $16,106.20 53 447 424 -415-01 $507,142 $0 $14,460.20 $16,106.20 31 448 424 -415-02 $333,505 $0 $14,460.20 $16,106.20 21 449 424 -415-03 $508,116 $0 $14,46020 $16,106.20 32 450 424 -415-04 $318,429 $0 $14,46020 $16,106.20 _ 20 451 424 -415-05 $1,140,798 $0 $14,460.20 $16,106.20 71 $16,106.20 26 $16,106.20 80 452 424 -441 -01 $424,206 $0 $14,460.20 453 424 - 441-02 $1,281,633 $0 $14,460.20 454 424 -441 -03 $171,696 $0 $14,460.20 $16,106.20 11 455 424 441 -04 $496.276 $0 $14.460.20 $16.10620 31 456 930 -614 -42 $372,049 $0 $7,230.10 $8,053.10 46 457 458 930 -614 -43 424 -441 -06 $372,045 $0 $7,230.10 $8,053.10 $1,089,677 $0 $14,460.20 $16,106.20 46 68 459 424 -413 -11 $583,664 $0 $14,460.20 $16,106.20 36 460 424 -413-14 $513,803 $0 $14,460.20 $16,106.20 32 461 424 -413 -12 $317,210 $0 $14,460.20 $16,10620 20 462 424 -413 -13 $680,241 $0 $14,460.20 $16,106.20 42 463 424 - 442 -01 $916,668 $0 $14,460.20 $16,106.20 57 464 424 -442 -02 $112,648 $0 $14,460.20 $16,106.20 7 465 424 -442 -03 $1,353,040 $0 $14,460.20 $16,106.20 _ 84 466 424 -442 -04 $1,103,760 $0 $14,460.20 $16,106.20 69 467 424 -442 -05 $1,068,310 $0 $14,460.20 $16,106.20 66 468 424 -442 -06 $1,273,392 $0 $14,460.20 $16,106.20 79 469 423 -021 -09 $876,769 $0 $14,460.20 $16,106.20 54 470 423- 021 -12 $526,976 $0 $14,460.20 $16,106.20 33 471 423 -021 -10 $718,859 $0 $14,460.20 $16,106.20 45 472 423 - 021 -11 $321,896 $0 $14,46020 $16,106.20 20 473 424 -443-01 $139,670 $0 $14,460.20 $16,106.20 9 474 424 -443 -02 $2,100,000 $0 $14,460.20 $14,460.20 $16,106.20 $16,106.20 130 10 475 424 - 443 -03 $153,184 $0 476 424 -443 -04 $106,452 $0 $14,460.20 $16,106.20 7 477_ 424 -443 -05 $1,282,68.1 $0 $14,460.20 _$16,10620 80 478 424 - 443-06 $223,559 $0 $14,460.20 $16,10620 14 479 423 - 022 -09 $518,168 $0 $14,460.20 $16,106.20 _ 32 480 423 - 022 -12 $415,140 $0 $14,460.20 $16,106.20 _ 26 481 423 - 022 -10 $1,581,000 $0 $14,460.20 $16,106.20 98 4UZ 4ZJ -UZZ -II 5Atb.Z61 5U 5144bU.2U $16.106.20 30 L� • E QI\Newport Beadi\Ad69\repons \peel 13rpx 26Ma}g1 doc `! M Harris & Associates • • E City of Newport Beach May 26, 2004 Underground Utility Assessment District No, 69 (West Newport) Preliminary Engineer's Report Page 17 484 930 - 614 -36 Preliminary Preliminary Final Final 100 Assessors Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien No. Number Value Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio 483 424 - 444 -01 $311 644 $n $14 46n 2n x16 tn6 2n $14,460.20 $16,106.20 to 484 930 - 614 -36 $804,814 $0 $7.230A0 $8,053.10 100 485 930 - 614 -37 $444,045 $0 $7.230.10 $8,053.10 _ 55 486 424-044 -03 $1,177,493 $0 $14,460.20 $16,106.20 73 487 424 - 444.04 $1,072,734 $0 $14,46020 $16,106.20 67 488 424 -444 -05 $2,022,287 $0 $14,460.20 $16,106.20 126 489 423 -023-09 $190,214 $0 $14,460.20 $16,106.20 12 490 423 - 023-12 $571,111 $0 $14,460.20 $16,106.20 35 491 423 - 023-10 $769,375 $0 $14,460.20 $16,106.20 48 492 423 - 023 -11 $787,062 $0 $14,460.20 $16,106.20 49 493 423 - 315 -01 $214,243 $0 $14,460.20 $16,106.20 13 494 423 - 31502 $203,543 $0 $14,460.20 $16,106.20 13 495 423- 315 -03 $1,340,221 $0 $14,460.20 $16,106.20 83 496 423 -315-04 $347,173 $0 $14,460.20 $16,10620 22 497 423 - 315 -05 $144,233 $0 $14,460.20 $16,10620 9 498 423 -315-06 $225,694 $0 $14,460.20 $16,106.20 14 499 423 - 311 -09 $767,040 $0 $14,460.20 $16,106.20 48 500 423 - 311 -12 $283,111 $0 $14,46020 $16,106.20 18 501 423 - 311 -10 $749,088 $0 $14,460.20 $16,106.20 47 502 423- 311 -11 $271,407 $0 $14,460.20 $16,106.20 17 503 423 -314 -01 $397,543 $0 $14,460.20 $16,106.20 25 504 423 - 314 -02 $1,165,217 $0 $14,460.20 $16,106.20 72 505 423 - 314 -03 $185,840 $0 $14,460.20 $16,106.20 12 506 423 -314 -04 $592,192 $0 $14,46020 $16,10620 37 507 423 - 314 -05 $718,955 $0 $14,460.20 $16,106.20 45 508 423 - 314 -06 $508,116 $0 $14,460.20 $16,106.20 32 509 423 - 312 -08 $684,963 $0 $14,460.20 $16,106.20 43 510 423 - 312.11 $515,680 $0 $14,460.20 $16,106.20 32 511 423 - 312 -09 $335,033 $0 $14,460.20 $16,10620 21 512 423 - 312 -10 $1,000,000 $0 $14,460.20 $16,106.20 62 513 423 - 313 -06 $280,620 $0 $14,460.20 $16,10620 17 514 423 - 313 -05 $1,055,381 $0 $14,460.20 $16,106.20 66 515 423 - 313 -02 $907,290 $0 $14,460.20 $16,106.20 56 516 423- 313 -03 $038,988 $0 $14,460.20 $16,106.20 58 517 423 - 313 -07 $933,516 $0 $14,460.20 $16,106.20 _ 58 518 423 - 313 -08 $991,102 $0 $14460.20 $16,106.20 62 519 423 - 321 -08 $469,419 $0 $14,460.20 $16,106.20 29 520 423 - 321 -11 $779,198 $0 $14,460.20 $16,106.20 _ 48 521 423 - 321 -09 $717,714 $0 $14,460.20 $16,10620 45 522 423 - 321 -10 $534,796 $0 $14,460.20 $16,106.20 33 523 423 - 326-01 $130287 $0 $14,46020 $16,106.20 8 524 423 - 326-02 $113,023 $0 $14,460.20 $16,106.20 7 525 423 - 326 -03 $1,299,979 $0 $14,460.20 $16,106.20 81 526 423 - 326-04 $1,004,768 $0 $14,460.20 $16,106.20 62 527 423 - 326-05 $746,067 $0 $14,460.20 $16,106.20 _ 46 528 423 - 326-06 _ $97,069 $0 $14,460.20 $16,106.20 6 529 423 - 326 -07 $981,565 $0 $14,460.20 $1_6,106.20 61 530 423- 326 -08 $741421 $0 $14,46020 $16,10620 _ i 46 $14.460.20 316106.20 23 535 423 - 325 -01 $299,786 $0 $14,460.20 $16,106.20 _ _ 19 536 423 - 325 -02 51.975.000 $0 $14.460.20 $16.10620 123 Qt \Ne.vpoo Beach'A09\repom5 prel 13rpt 26May04.eoc �I Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 1B Preliminary Preliminary Final Final Assessor's Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st 8 2nd mation (1st (1st & 2nd to Lien 554 423 - 331 -15 $445,226 $0 $14,460.20 $16,106.20 28 555 423 - 331 -12 $397,669 $0 $14,460.20 $16,106.20 25 556 423 - 331 -14 $663,255 $0 $14,46020 $16,105.20 41 557 423 - 331 -13 $759,492 $0 $14,460.20 $16,10620 47 558 423 -336-01 $160,254 $0 $14,460.20 $16,106.20 10 559 423 -336-02 $252,269 $0 $14,460.20 $16,106.20 16 560 423 -336 -03 $168,383 $0 $14,460.20 $16,106.20 10 561 423 - 336 -04 $977,176 $0 $14,460.20 $16,106.20 61 562 423 -336-05 $945,862 $0 $14,460.20 $16,10620 59 563 423 -336-06 $130,288 $0 $14,460.20 $16,106.20 8 564 423 - 336-07 $500.687 $0 $14.460.20 $16,106.20 31 579 423 - 335-06 $719,702 $0 $14,460.20 $16,106.20 45 580 423 - 335 -07 $355,346 $0 $14,460.20 $16,106.20 22 581 423 -333 -07 $701,794 $0 $14,460.20 $16,106.20 44 582 423 - 333 -12 $884,340 $0 $14,460.20 $16,106.20 55 583 423 - 333 -08 $463,655 $0 $14,460.20 $16,106.20 29 584 423 - 333 -11 $513.049 $0 $14.460.20 $16.106.20 32 0 • fe Q:`Newpon 8each'0,dWscpom \prel 13rpt 26May04.doc !! � Harris &Associates • u J City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Page 19 Preliminary Assessor's Total District For - Asmt Parcel True Existing mation list No. Number Value Liens Bond Issue) Preliminary Final Final Total Asmt Dist. For- Total Asmt Value (1st & 2nd mation (1st (1st & 2nd to Lien Bond Issues) Bond Issue) Bond Issues) Ratio 591 423 - 334 -05 $202,825 $0 $14,460.20 $16,10620 13 592 423 - 334-06 $110,078 $0 $14,460.20 $16,106.20 7 593 423 - 334 -07 $424,305 $0 $14,460.20 $16,10620 26 594 423 -334-08 $117,649 $0 $14,460.20 $16,10620 7 595 423 -334 -09 $106,892 $0 $14,460.20 $16,106.20 7 596 423 - 341 -06 $508,817 $0 $14,460.20 $16,106.20 32 597 423 - 341 -12 $274,884 $0 $14,460.20 $16,106.20 17 598 423 -341 -07 $797,986 $0 $14,460.20 $16,106.20 50 599 423 - 341 -11 $312,963 $0 $14,460.20 $16,106.20 19 600 423 - 341 -08 $419,194 $0 $14,460.20 $16,106.20 - 26 601 423 - 341 -10 $179,756 $0 $14,460.20 $16,106.20 11 602 423 - 341 -09 $655,979 s0 $14,460.20 $16,106.20 41 603 423 -342 -02 $134,812 $0 $14,460.20 _ $16,106.20 8 604 423 - 342 -01 $700,610 s0 $14,460.20 $16,106.20 43 605 423 - 342 -03 $850,829 $0 $14,46020 $16,106.20 53 606 423 -342-04 $1,050,837 $0 $14,46020 $16,106.20 65 607 423 - 342 -05 $1,800,000 $0 $14,460.20 $16,10620 112 608 423 - 342 -06 $1,084,929 $0 $14,460.20 $16,10620 67 609 423 - 342 -07 $224,133 $0 $14,460.20 $16,106.20 14 610 423 - 342 -08 $109,765 $0 $14,460.20 $16,106.20 7 611 423 - 342 -09 $94,934 $0 $14,460.20 $16,106.20 6 612 423 - 342 -10 $863,968 $0 $14,460.20 $16,10620 54 within this Assessment District sold in the last two years. Q:1Newport Be3ch\Ad69\reportslprel 13rpr 26Mayu4.doc Harris & Associates City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report May 26, 2004 Preliminary Preliminary Final Final Assessor's Total District For- Total Asmt Dist. For- Total Asmt Value Asmt Parcel True Existing mation (1st (1st & 2nd mation (1st (1st & 2nd to Lien No. Number Value Liens Bond Issue) Bond Issues) Bond Issue) Bond Issues) Ratio 20 0 0 E Q:\Newport Beach\AdWTepons \prel 13rpt 26NNIay03 doc _a Harris &Associates • • City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Table 2 Debt Limit Valuation A: ESTIMATED BALANCE TO ASSESSMENT $10,219,387 B. UNPAID SPECIAL ASSESSMENTS $0 TOTAL A & B $10,219,387 C. TRUE VALUE OF PARCELS $377,461,576 ** AVERAGE VALUE TO LIEN RATIO 37:1 May 26, 2004 21 * 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 May 26, 2004. HARRIS & ASSOCIATES R_C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA Q \Newport Beach`✓\d69wepom \prel 13rpt 26MayO4.doc Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Page 22 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 agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Neither the Act. nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District. Based upon an analysis of the special benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportionment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits received by each parcel within the Assessment District. Ballot tabulation will be done at that time and, if a majority of the ballots weighted by assessment amount are not in opposition to the Assessment District, the City Council may form the Assessment District. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. Special Benefit In further making the analysis, it is necessary that the properties receive a special benefit distinguished from general benefits conferred on real property located in the District or to the public at large. The purpose of this Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities as well as rehabilitate the streets within the District. These facilities are the direct source of service to the properties within the Assessment District. • Q:Wewpon Bcach\nd69bepotU \pre1 I Irpi 26May0a.doc � Harris &Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Page 23 • The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities will provide a special benefit to.the parcels who will be served by the new distribution facilities as a result of enhanced service, reliability and capacity, as well as improved safety. Removal of the existing wood poles and the overhead wires will also aesthetically enhance all parcels that are directly adjacent to these facilities. To reduce costs, the street rehabilitation work associated with the undergrounding has been eliminated from the Southern California Edison project and the City will construct these improvements. In this Assessment District, 100% of the cost allocation for the improvements is special benefit to the parcels within the Assessment District and there is no general benefit. By virtue of such special benefits, the proposed improvements will provide a higher level of service, increase the desirability of the properties and will specifically enhance the values of the properties within the Assessment District. Therefore, the proposed improvements are of direct and special benefit to these properties. Method of Apportionment 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 improved safety, reliability, a higher level of service to all properties that will take service from the new facilities and improved aesthetics to the adjacent properties. Based on these conditions, it is our conclusion that the improvements specially benefit all properties in the Assessment District. Most properties within this Assessment District are residential; and, for residential properties, the special benefit is directly related to the number of dwelling units that may be built on the property. Some properties have higher potential for use than others do, and this higher potential for use is identified by the City's zoning designation for each property. Residential R -1 zoning allows a property to have I dwelling unit on it; therefore, each of the R - l -zoned properties is assigned I Benefit Unit. Residential R -2 zoning allows a property to have 2 dwelling units on it; therefore, each of the R -2 -zoned properties is assigned 2 Benefit Units. • R -2 -zoned lots that have split into two parcels are considered Condominium lots, and each condominium lot receives l Benefit Unit. Residential MFR zoning allows a property to have multi - family residential units (high density apartments) on it. Only one property in the Assessment District is zoned MFR: Assessor's Parcel Number (APN) 424 - 471 -03 (Assessment Number 182). To assign Benefit Units to this property, we took the average width of an R -2 zoned lot in this Assessment District (35 feet) and divided it into the total frontage for this property on both River Avenue and Seashore Drive (647.18 feet) and then multiplied that by 2 potential dwelling units. This calculates the equivalent potential dwelling units on this property. Based on this calculation, we have assigned 37 Benefit Units to this NIFR property. The Ilomeuwner s Association parcel in the Lido Sands development. APN 114 - 211 -46 (Assessment Number 421) is zoned R -1 but is used as a clubhouse facility. To assign Benefit Units to this Q:gNe,vpon BeadvAd69eportslprel llrpt 26May04.doc !! B Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Page 24 property we took the average width of the R -I properties in the Lido Sands development area (44 feet) and divided it into the total frontage along Lido Sands Drive (193.47 feet). This calculates the equivalent potential dwelling units on this property. Based on this calculation, we have assigned 4 Benefit Units to this property. The City-owned open space properties, located between Seashore Drive and West Coast Highway from Summit Drive to Highland Street, do not have connections to the electrical, telephone, or cable facilities being undergrounded as part of this Assessment District nor do they have any potential for development. Therefore, it is deemed that they have no direct or special benefit from the proposed improvements and are excluded from the boundaries of this Assessment District. Assessment Numbers 53, 74, 85, 133, 155, 168 are City-owned Park and Parking Lot properties that have direct connections to the electrical and telephone facilities being undergrounded by this District. These properties contain recreation facilities, with parking lot and bathroom amenities. To assign Benefit Units to these properties, we took the average width of an R -2 zoned lot in this Assessment District (35 feet) and divided it into the total frontage for these properties and then multiplied that by 2 potential dwelling units. This calculates the equivalent potential dwelling units on these properties. However, because these properties are zoned as Open Space and their potential for higher development does not exist, they are deemed to benefit less than residentially zoned property. Therefore, their benefit is considered to be half of a residential property's benefit and 50% of the calculated potential dwelling units will be assigned as benefit units for these properties. The following table provides the calculations. Asmt. No. Frontage (ft.) Equiv. Potential Dwelling Units Benefit Units 53 676.50 39 20 74 197.00 11 6 85 839.71 48 24 133 850.15 49 25 155 376.73. 22 11 168 426.00 24 12 Assessment Number 186, APN 424 - 501 -04, is a City-owned property that is now part of 54`h Street. This property, as part of the street with no potential for development, receives no special benefit from the proposed improvements and is considered exempt from the assessment. Each parcel will be apportioned its fair share of the construction costs based on the Benefit Units assigned to it. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. The Total Assessment in this Assessment District has two components. The first component, and issuance of the first series of bonds, is for the District Formation Assessment to underground the utilities. The second component is the Income Tax Component of Contribution (ITCC) and is assessed to cover any tax liability incurred by Southern California Edison as a result of an Internal Revenue Service determination that the utility conversion is a taxable event. If in the future, Southern California Edison is taxed, a second series of bonds will be issued. The Federal ITCC is predicated on the issuance of a second series of bonds not being issued immediately for investor- 0 16 0 Q'.\Newpon Beach\Ad69Veporu \pre1 1 ,rpt 26MayW.doc � Harris &Associates • 0 • City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 25 owned utility tax liabilities. The ITCC costs are apportioned based on Electrical Benefit Units. The total assessment lien on each parcel will be the estimated Total Assessment for District Formation plus the ITCC. The individual assessment calculations are provided in the Appendix. For particulars to the Assessment Roll, reference is made to Table 1 in Part III of this report. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the special benefits that each parcel receives from the works of improvement. DATED: May 26, 2004 N0. 41965 xP. 3/31/06 Q:\Nfewpon BeachlAdO'Ircpom'pi el 13mi ]Way,04.doc HARRIS & ASSOCIATES `i@AN COX, PR.- R.C.E. No. 41965 ASSESSMENT ENGINEER CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA �I Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Page 26 I, 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 , 2004. 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 , 2004. 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 , 2004. 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 , 2004. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA 0 u Q:\Neupon Beach \Ad69\reports`:prc1 13rpt 26MavO4.doc !! � Harris &Associates • L� City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Part IV Annual Administrative Assessment May 26, 2004 Pal 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 ($50) per parcel per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the Los Angeles, Riverside, and OrangeCounty areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to'pay for the cost of the works of improvement. Q.1NewpOn Beach W d694eports \prel 1 }rpt 26May04,dr �� Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 28 Part V Boundary Map and Diagram of Assessment A reduced copy of the Boundary Map and Assessment Diagram are attached hereto. Pull -sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the City Clerk, of the City of Newport Beach. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Part III Table 1. The Assessor's Parcel Number is also shown for each parcel as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel of land. • l_, Q' \Ne,,,pon Beach\AdWrepons`.prel 13rpi 26?1ay04 dx � Harris &Associates C J • 0 City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Page 29 cx€ kipt 0.: og �� a b�Ck� a W 4'g4�'i8 1� b •a� °fi �t � b� i< W w No � e" Alt I_ 2E�u 'V• )[ 1:Y Ilo I ` 7 5 i$ 3 ?S 1111 3-MIN 33S —v! 3Nn K)LLVW V A Ol a Lilo po O Ci Z — W� °Q F Y - QUO °¢ - ...I L ZF5% °t - 5.. - O— V - mnZ mo P eyyceyv. 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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. 69. 1. Removal of existing power and telephone poles. 2. Removal of overhead resident service drops. 3. Construction of mainline underground power and telephone conduit, with appurtenant manholes and pullboxes. 4. Construction of service conduit and appurtenances. • The improvements will be designed by the Southern California Edison Company, SBC Communications and Adelphia Cable. The City of Newport Beach will inspect the work to ensure conformance to City standards and specifications where applicable. To reduce costs, the street rehabilitation work associated with the undergrounding has been eliminated from the Southern California Edison project and the City will construct these improvements. Once completed, the underground facilities will become the property and responsibility of Southern California Edison Company, SBC Communications, and Adelphia Cable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to cornett facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work done by the Assessment District- The estimated time for completion of the undergrounding of the utilities is 12 months after the sale of bonds. Property owners will be required to provide necessary underground connections within 300 days of the completion of the underground facilities. Failure to convert individual service connections on private property may result in a recommendation to the City Council that the public utilities be directed to discontinue service to that property pursuant to Section 15.32 of the N- Iunicipal Code. Overhead facilities cannot be removed until all •overhead service bas been discontinued. Q: \'ewport Beach'AATreprntsiprel 13rpr 26A7ay04 dot !� � `Harris &Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Page 50 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. 69 (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: It is acknowledged that the proposed Works of Improvement must be located within public rights -of- way, land, or easements owned by or licensed to the CITY OF NEWPORT BEACH, County of Orange, State of California, at the time of the construction of the Works of Improvement, and the undersigned hereby further certifies that all rights -of -way necessary for the Works of Improvements will be obtained and in possession of the City, County, or State prior to construction by the CITY OF NEWPORT BEACH. 19 Q EXECUTED this day of M PAY 2004, at CITY OF NEWPORT BEACH, California. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH • 11 Q: W ewPOM1 BeachW,dOVepom%prel 13rp1 26May04.duc _w Harris & Associates City of Newport Beach May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Appendix Page I • Assessment Calculations • oil 4M IPA MX !"YrI�%Y %IYlIi:5iVAKeIf .iAr�iLlTSil�r�iTil�il ;b::iL1• 7 045 - 021 -05 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 Preliminary Preliminary Assessor's RJ2 Benefit Total Incidental Financial District For- ITCC Total Asmt Asmt Parcel City Units Construction Expenses Costs mation (1st Costs (1st & 2nd No. Number Zone per Parcel Costs 045 - 022 -12 R -2 Bond Issue) Bond Issues) 1 045 -021 -09 R -2 2 R -2 $12.696.00 $593.20 $1.171.00 $14460.20 $164600 $16.106.20 oil 4M IPA MX !"YrI�%Y %IYlIi:5iVAKeIf .iAr�iLlTSil�r�iTil�il ;b::iL1• 7 045 - 021 -05 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 8 045- 021 -04 RJ2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 16,106.20 9 045- 022 -01 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 _ $1646.00 $16,106.20 10 045- 022 -13 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16106.20 11 045 - 022 -12 R -2 2 $12696.00 $593.20 $1,171.00 $14460.20 $1646.00 $16,10620 12 045- 022 -11 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 13 045 - 022 -10 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10626 14 045- 022 -09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 15 045- 022 -03 _ R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 16 045- 022 -04 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,64600 $16,106.20 17 045- 022 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,10620 18 045 - 022 -06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 19 045- 022 -07 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 20 045- 022 -08 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16106.20 21 045- 023 -11 R -2 _ 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 22 045- 023 -10 R -2 2 $12696.00 $593.20_ $1,171.00 $14,460.20 $1,646.00 $16,106.20 23 045- 023 -15 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 24 045- 023-14 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 25 045- 023 -16 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 26 045- 023 -03 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 27 045 - 023-04 R -2 2 $12.696.00 $593.20 $1.171.00 $14.460.20 $1646.00 $16.106.20 32 045- 024 -01 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 33 045- 024 -02 R -2 2 $12,696.00 1593.20 1,171.00 $14,460.20 $1,646.00 $16,166.20 34 045 - 024 -13 R -2 2 $12,696.00 $593.20 _ $1,171.00 $14,460.20 $1,646.00 $16,106.20 35 045- 024 -12 R -2 _ 2 _ $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 36 045 - 024 -03 R -2 2 $12,696.00 $593.20 1,171.00 $14,46020 $1.646.00 $16,106.20 $16,106.20 37 045- 024 -04 R -2 2 $12696.00 $593.20 - $1,171.00 $14,460.20 $1646.00 38 045- 024 -OS R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20_ $1,646.00 $16,106.20 39 045- 024 -06 R -2 _ 2 $12696.00 $593.20 $1.171.00 $14,460.20 $1,646.00 $16,106.20 40 045 - 024 -07 R -2 2 $12696.00 $593.20 $1,171.00 _ $14,460.20 _ $1646.00 $16,106.20 VI U4b- UL4-Ub K -L L Y1L,DYD.VU Y"J.LU yIjI I.UU y14,4bU.ZU $1,b b,UU 576,1Ub.2U 42 045-031 -01 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 43 045- 031 -02 R -2 2 $12,696.00 $593.20 $1,771.00 $14,460.20 $1,646.00 $16,106.20 44 939 - 720-14 CONDO 1 $6,348.00 $296.60 $585.50 $7.230.10 $823.00 $8.053.10 20 17 106.20 Harris & Associates 57 045- 032 -09 CONDO 1 $6,348.00 $296._60 $58550 $7.230.10 58 045 - 032 -03 R -2 _ 2 512,696 .00 $593 20 $1,171.00 _ $14.46020 $ 59 045 032,04 11 2 2 $12 696 00 $593 20 $ 1 171.00 $14;150 0 $' • 60 04503' -05 R2 $129600 559320 $117100 -- $14.460'0 $, 61 _045-632-0 R � 2 ^ 5 t 2 600 96 559320 1-1.17-1 00 $14 _ 460 20 $ Q:`Ne%vpon Beach'.Ad69hep0ru1pre1 13rpt 26NIay04 doc 106.20 Harris & Associates City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Assessment Calculations Preliminary Assessor's Benefit Total Incidental Financial District For - Asmt Parcel City Units Construction Expenses Costs mation (1st M- u- kmr 7- ar c.r'.1 Bond Issue) May 26, 2004 Appendix Page 2 Preliminary ITCC Total Asmt Costs (1st 8. 2nd Bond Issues) 62 045 -032 -07 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 63 045- 032 -08 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 64 045-033 -01 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 65 045 -033-10 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 66 045-033 -09 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 67 045-033 -08 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 68 045- 033-02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 69 045- 033-16 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 70 045- 033-17 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 79 045-034 -10 R -2 2 $6,348.00 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 80 045-034 -08 R -2 2 $6,348.00 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 81 045-034 -09 R -2 2 $12,696.00 $12,696M $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 82 045 -034 -03 R -2 2 $12,696.00 $12,696.D0 $593.20 $1,171.00 $14,460.20 _ $1,646.00 $16,106.20 83 045 -03414 R -2 2 $12,696.00 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 R4 045+034 -13 R -2 2 $12.696.00 $12.696.00 $593.20 $1.171.00 $14,460.20 $1,646.00 $16,106.20 • 85 045-095 -22 OS 24 $152,352.00 $7,118.45 $14,052.01 $173,522.46 $19,752.00 $193,274.46 86 045- 091 -01 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 87 045 -091 -02 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 • 88 045- 091 -03 CONDO 1 $6,348.00 $296.60 $585.50 $7230.10 $823.00 $8,053.10 89 045-091 -04 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 90 045 - 091 -14 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 91 045-091 -12 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 92 045 - 091 -10 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 93 045 - 091 -07 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 94 045- 091 -06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 95 045 - 091-05 R -2 2 $12.696.00 $593.20 $1.171.00 $14,460.20 $1,646.00 $16,106.20 96 045- 092 -01 CONDO 1 $6,348.00 $593.20 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 97 045- 092 -02 CONDO 1 $6,348.00 $12,696.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 98 045- 092 -03 R -2 2 $12,696.00 $593.20 2 $1,171.00 $14,460.20 $1,646.00 $16,106.20 99 045 -092 -09 R -2 2 $12,696.00 $593.20 045 - 093 -05 $1,171.00 $14,460.20 $1,646.00 $16,106.20 100 D45- 092 -10 R -2 2 $12,696.00 $593.20 $1,646.00 $1,171.00 $14,460.20 $1,646.00 $16,106.20 1n1 nbs- 0(194)7 R -2 2 $12.696.00 $59320 $1.171.00 $14460.20 $1,646.00 $16,10620 108 045 - 093 -08 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 109 045-093 -07 R -2 2 $12,696.00 $593.20 $1,171.00 $14460.20_ $1.646.00 $16,1 D6.20 110 D45 -093 -D6 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 _ $16,106.20 111 045 - 093 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 119 045- n93 -nb R -2 2 S12 SAS 00 $593.20 $1.171.00 $14.460.20 $1.646.00 $16,106.20, 113 045 - 093 -11 R -2 _ 2 $12,696.00 $593.20 $1,171.00 _ $14,460.20 _ $1,646.00 $16,106.20 114 045- 094 -12 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.60 $8,053.10 115 045- 094 -02 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 116 045 -D94 -03 R -2 2 $12.696.00 $593.20 $1.171.00 $14,460.20 $1646.00 $16,106.20 117 045- 094.13 _ R -2 2 $12,696.00_ $593.20 $1,171.00 $14,460.20 $1.646.00 $16,106.20 118 045- 094 -14 R -2 2 $12.696.00 $593.20 $1,171.00 $14450.20 $1646.00 _$16.106.20 119 045- 094 -15 R -2 2 $12.696.00 $593.20 $1,171.00 $1446020 $1,646.00 $16,105_20 120 939 - 720 -12 CONDO 1 $6.348.00 _$296.60 $585.50 _ $7,23010 $823.00$8053.10 • 1239- 720 -13 CONDO 1 $6.348.00 $296.60 $585.50 $7,23010 $823.00 $8,05310 1 9 122 045- 094-06 R -2 2 $12.69600 $593.20 $1,771,00 $14,45020 $1,64600 _516,10620__ Harris & Associates Q:We.vpon Beach\Ad69\repor. \prel 13rpt 26May04.doc • • City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Assessment Calculations May 26, 2004 Appendix Page 3 124 045 - 101 -13 CONDO 1 $6,348.00 Preliminary Preliminary Assessor's $823.00 Benefit Total Incidental Financial District For- ITCC Total Asmt Asmt Parcel City Units Construction Expenses Costs mation(1 st Costs (1st &2nd No. Number Zone per Parcel Costs $1,171.00 Bond Issue) Bond Issues) 123 045 - 094 -10 R -2 2 $1269600 $59320 $117100 $14460.20 $1 FAR 00 $1610820 124 045 - 101 -13 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 125 045 - 101 -15 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 126 045 - 101 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 127 045- 101 -11 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 128 045- 101 -10 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 129 045 - 101 -14 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16.106.20 130 045 -101 -09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 131 045- 101 -08 R -2 2 $12,696.00 $1,646.00 $59120 $1,171.00 $14,460.20 $1,646.00 $16,106.20 132 045 - 101 -16 R -2 2 $12,696.00 $14,460.20 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 133 045 - 105-22 OS 25 $158.700.00 $7.415.05 $14637.51 $180.752.56 $20.575.00 $201.327.56 134 045- 102 -01 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 $1,171.00 $14.460.20 135 045 - 102 -02 R -2 2 $12,696.00 $593.20 $1.171.00 $14,460.20 $1,646,00 $16,106.20 __ - 136 045 - 102 -12 R -2 2 $12,696.00 _ $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 $88,584.20 137 045- 102 -11 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 157 138 045- 102 -08 R -2 2 $12696.00 $59120 $1,171.00 $14,460.20 $1,646.00 $16.1D6.20 424 - 481 -03 139 045 - 102 -04 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 _ $1,646.00 $16,106.20 R -2 140 045- 102 -03 R -2 2 $12.696.00 $593.20 $1.171.00 $14.460.20 $1,646.00 $16,106.20 $12.696.00 141 045 -103 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 $593.20 142 045 -10302 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16.106.20 $1,171.00 $14.460.20 143 045 -10303 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16.106.20 $1,171.00 $14,460.20 144 045 -10304 R -2 2 $12696.00 $593.20_ $1,171.00 $14,460.20 $1646.00 $16.106.20 145 045 -10305 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 _$1.646.00 $1,646.00 146 045 - 103 -06 R -2 2 $12,696.00 $59120 $1,171.00 $14,460.20 $1,646.00 $16.106.26 $14,460.20 147 045- 104 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 $14.460.20 148 045 - 104 -02 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 149 932 - 700-49 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 150 932 - 700-50 CONDO 1 $6,348.00 $296.60 585.50 $7,2M 10 $823.00 $8.053.10 151 932 - 700-47 CONDO 1 $6.348.00 $296.60 $585.50 $7.230.10 $823.00 $8.05310 152 932 -700-48 CONDO 1 $6148.00 $296.60 $585.50 $7230 10 $82300 $805310 153 045- 104 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 154 045 - 104 -05 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 __ - $16.106.20 155 424 -471 -05 OS 11 $69,828.00 $3,263.42 $6.439.78 $79,531.20 __$1.646.00 $9,053.00 $88,584.20 156 424181 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 157 424 -481 -02 R -2 2 $12.696.00 $593.20 $1.171.00 $14,460.20 $1,646.00 $16,106.20 158 424 - 481 -03 R -2 2 $12.696.00 $593.20 $1.171.00 $14,460.20 $1646.00 $16,106.20 159 424 -481 -04 R -2 2 $12696.00 $593.20 $1.171.00 $14460.20 $1,646.00 $16.106.20 160 424 -481 -05 R -2 2 $12.696.00 $593.20 $1,171.001 $14.460.20 $1,646.00 4,16,106.20 161 424 - 481 -06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 162 424 -482 -01 R -2 2 $12.696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 163 424 - 482 -02 R -2 _ 2 $12.696.00 ____ 593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 164 424 -482 -03 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $16,106.20 165 424 -482 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 _$1.646.00 $1,646.00 $16,106.20 166 424 -482 -05 R -2 2 $12,696.00 $593.20 $1.171.00 $14,460.20 _ $1.646.00 $16.106.20 167 424 -482 -06 R -2 2 $12.696.00 $593.20 $1,171.00 $14.460.20 _ $1,646.00 $16,106.20 168 424 - 471 -04 OS 12 $76.176.00 $3,560.02 _ $7.025.28 $86,761.30 $9.876.00 $96,637.30 169 424 -483 -01 R -2 2 $12696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 170 424 -483 -02 R -2 2 $12.69600 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 171 424 -483 -03 R -2 2 $12.696.00 $593.20 _ $1,171.00 $14,460.20 _ $1,646.00 $16,10620 I1Z JJJ-ZJI 0 UU14L 173 939 - 29049 CON( 174 424 - 483 -05 R -2 175 424 - 483 -06 R -2 183 424 - 501 -01 R -2 2 $1 Q:\Newpon Beach''Ad69\reponS \prel 13rp1 26May04.doc $JBJ.Ju SI,LJU. 1u _ _ SaLJ.uu ao.uJJ. 1u_ $585.50 _ $7,230.10 $823.00 $8,053.10 $1,171.00 _ $14.460.20 _ _ _ $1,646.00 $16,10620 $1,171.00 _$14,460.20 _ $1,646.00 $16.10620 $1,171.00_ __$14,460.20 $1646.00 $16,106.20__ $1,171.00 $14,460.20 $1,64600 $16.10620_ $1,171.00 $14,460.20 $1,646.00 $16,106.20 _ $1.171.00 $1446020 $1,646.00 $16.10620 _$1.171.00 __$14.460.20$1.646.00 $16.10620 _ _ $1,17100 _ $14,460.20 $1.64600 $16,1_06.20 _ _ $21.666.13_ $267,51633 $30.451 00 5297.96 3 $1.171.00 $14.460.20 $1,64600 - - -$16 t0E, 2L . Harris & Associates 178 4 424 - 484 -03 R R -2 2 2 $ $1 179 4 424 - 484 -04 R R -2 ---- _ -__2 $ $1 _ 1 424- 484-05 R R -2 2 __ - $1 • 1 181 4 _ 4 R-2 - 2 _ $ 182 2 - 2 -- - Q:\Newpon Beach''Ad69\reponS \prel 13rp1 26May04.doc $JBJ.Ju SI,LJU. 1u _ _ SaLJ.uu ao.uJJ. 1u_ $585.50 _ $7,230.10 $823.00 $8,053.10 $1,171.00 _ $14.460.20 _ _ _ $1,646.00 $16,10620 $1,171.00 _$14,460.20 _ $1,646.00 $16.10620 $1,171.00_ __$14,460.20 $1646.00 $16,106.20__ $1,171.00 $14,460.20 $1,64600 $16.10620_ $1,171.00 $14,460.20 $1,646.00 $16,106.20 _ $1.171.00 $1446020 $1,646.00 $16.10620 _$1.171.00 __$14.460.20$1.646.00 $16.10620 _ _ $1,17100 _ $14,460.20 $1.64600 $16,1_06.20 _ _ $21.666.13_ $267,51633 $30.451 00 5297.96 3 $1.171.00 $14.460.20 $1,64600 - - -$16 t0E, 2L . Harris & Associates Harris & Associates City of Newport Beach 424 -505-01 R -2 May 26, 2004 Underground Utility Assessment District No. 69 (West Newport) $593.20 $1,171.00 $14,460.20 Preliminary Engineers Report $16,106.20 188 Appendix Page 4 R -2 Assessment Calculations -- 12 $593.20 $1,171.00 $14,460.20 Preliminary Preliminary Assessor's Benefit Total Incidental Financial District For- ITCC Total Asmt Ascot Parcel City Units Construction Expenses costs mation (1st Costs (1st d 2nd No- Number Zone Der Parcel Costs Bond Issue) Bond Issues) 424 - 501 -03 R -2 2 474 - 501 -04 FXFMPT FXR 187 424 -505-01 R -2 2 $12,696.00 $12,598 -00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 188 424 - 505-02 R -2 2 $12,696.00 -- 12 $593.20 $1,171.00 $14,460.20 $1,646.00 242 $16,106.20 R -2 189 424 - 50503 R -2 2 $12,696.00 $59320 $1,171.00 $14,460.20 424 - 506 -12 $1,646.00 $16,106.20 2 190 424 -491 -01 R -1 1 $6,348.00" $296.60 $585.50 $7,230.10 $823.00 $1269600 $8,053.10 191 424 -491 -02 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 192 424 -491 -03 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 193 424- 491 -04 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 194 424 - 491 -05 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 195 424 - 491 -06 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 196 424 - 502 -01 R -1 1 $6,348.00 - $296.60 $585.50 $7,230.10 $823.00 $8,053.10 197 424 - 502 -02 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,05110 198 424 - 502 -03 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8.053.10 199 424 - 502-04 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 200 424 - 502 -05 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 201 424- 502 -06 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 202 424 - 503-12 R -2 2 $12,696.00 $59120 $1,171.00 $14.460.20 $1,646.00 $16,10620 203 424 - 503 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 204 424 -503-03 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 205 424 - 503 -04 R -2 2 $12,696.00 $592120 $1,171.00 $14,460.20 $1,646.00 $16,106.20 206 424 - 503 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 207 424 - 503-06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 208 424 -504-01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 209 424 - 504 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 210 424 - 504 -03 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 211 424 - 504-04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 212 424 -50405 R -2 2 $12,696.00 $59320 $1,171.00 $14,46020 $1,646.00 $16,106.20 213 424 - 504-06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 214 424 - 502 -12 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $82100 $8,053.10 215 424 - 502 -11 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,05110 216 424 - 502 -10 R -1 1 $6,348.00 $296.60 585.50 $7,230.10 $82100 $8,053.10 217 424 - 502 -09 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 218 424 - 502 -08 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,05110 219 424 - 502 -07 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 220 424 - 503 -13 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 221 424- 503-11 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 222 424 - 503 -10 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 223 424 -503-09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 224 424 -503 -08 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 225 424 - 503 -07 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 226 424 - 504 -12 R -2 2 $12,696.00 $59120 $1,171.00 $14,460.20 $1,646.00 $16.106.20 227 424 - 504 -11 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16.106.20 228 424 - 504 -10 R -2 2 $12696.00 $59120 $1,171.00 $14,460.20 $1,646.00 $16,10620 229 424 - 504 -09 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 230 424- 504 -08 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 231 424 - 504 -07 R -2 2 $12.696.00 $59320 $1,171.00 $14.460.20 $1,646.00 $16,106.20 232 424 - 506-01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 233 424 - 506 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 234° 424 - 506 -03 R -2 2 $12,696.00 $593.20 $1,171.00 - - $14,460...20 $1,646.00 $16,106:20 235 424 - 506 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1.646.00 $16,106.20 236 424 - 506 -05 R -2 _ 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,10620 237 424 - 506 -06 R -2 _ 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 238 424 - 506 -07 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 239 424 - 506 -08 R -2 2 $12.696.00 $593.20 $1,171.00 $14.460.20 $1,64600 $16106.20 240 424- 508 -09 R -2 2 $12,598 -00 $59320 $1.1 tiM $' _24 1 - -- 424 - 506 -10- R-2 _ -- 12 $59320 $1.171.00 - -- $" 242 424 - 506 -11 R -2 2 $12.696.00 $59320 $1,171.00 $ 243 424 - 506 -12 R -2 2 $12.696.00 $593.20 $1,17100 $ 244 424 - 506 -13 R -2 2 $1269600 $593.20 $1.171.00 $ Ascot No. 186 is a City -owned property that is now part of 54th Street. This property, as p development, receives no special benefit and is considered exempt from the assessment. Q:lNewpon Beach�Ad69\repons \prel 13rpt 26May04.doc lUb lu • C J 11 _ $16, 06.20 • 10 $16,10620 IO _$16,10620 :ential for - -- -- _ -- Harris & Associates • • 245 City of Newport Beach R -2 2 $12,696.00 May 26, 2004 $593.20 $1,171.00 Underground Utility Assessment District No. 69 (West Newport) $14,460.20 $1646.00 $16,106.20 246 Preliminary Engineer's Report R -2 2 $12,696.00 Appendix Page 5 • 267 Assessment Calculations $1,646.00 $16,106.20 247 424 -492 -01 R -1 1 Preliminary Preliminary $585.50 Assessor's Benefit Total Incidental Financial District For- ITCC Total Asml R -1 Asmt Parcel City Units Construction Expenses Costs mation (1 sl Costs (1st & 2nd $7,230.10 No. Number Zone Per Parcel Costs Bond Issue) Bond Issues) • • 245 424 - 506 -14 R -2 2 $12,696.00 $12696.00 $593.20 $1,171.00 $1646.00 $16,106.20 $14,460.20 $1646.00 $16,106.20 246 424 - 506-15 R -2 2 $12,696.00 $1,171.00 $14,460.20 $593.20 $1,171.00 267 $14,460.20 $1,646.00 $16,106.20 247 424 -492 -01 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8053.10 248 424 -092 -02 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8053.10 249 424 -492 -03 R -1 1 $6.348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 250 424 -092-04 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8053.10 251 424 - 492 -05 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $82100 $8053.10 252 424-492 -06 R -1 1 $6.348.00 $296.60 $585.50 $7.230.10 $823.00 $8053.10 265 424 -461 -01 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 266 424 -461 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 267 424 -461 -03 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 268 424 -461 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 269 424 -461 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 270 424 -461 -06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 271 424 - 462 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 272 424 - 462 -02 R -2 2 $12,696.00 $59320 $1,171.00 $14,460.20 $1,646.00 $16,106.20 273 424 -462 -03 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 274 424 -462 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 275 424 -462 -05 R -2 2 $12,696.00 $593.20 $1171.00 $14,460.20 $1,646.00 $16,106.20 276 424 - 462 -06 R -2 2 $12696.00 $593.20 $1,171.00 $1,646.00 $16,106.20 277 424 -463 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 278 424 -463 -02 R -2 2 $12696.00 $593.20 $1171.00 $14,460.20 $1646.00 $16,106.20 279 424 -463 -03 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 280 424 -063-04 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 281 424 -063-05 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16.106.20 282 424 -463 -06 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20_ 283 424 -063-07 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16.106.20 284 424 -463 -08 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 285 424 -063-09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 286 424 -461 -12 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 287 424 -461 -11 R -2 2 $12696.00 $593.20 $1,171.00 $14.460.20 $1646.00 $16,106.20 288 424 -461 -10 R -2 2 $12696.00 $1,171.00 $14.460.20 $1,646.00 $16,106.20 289 424 -461 -09 R -2 2 $12696.00 _$593.20 $593.20 $1,171.00 $14.460.20 $1.646.00 $16,106.20 290 424 -461 -08 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 291 424 - 461 -07 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 292 424 -462 -12 R -2 2 $12,696.00 $1,171.00 $14,460.20 $1,646.00 $16,106.20 293 424 - 462 -11 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 294 424 -062.10 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 _ $16,106.20 295 424462 -09 R -2 2 $12.69600 $593.20 $14,460.20 $1,646.00 $16.106.20 296 424 -462 -08 _ R -2 2 $12,696.00 $593.20 $1,171.00 _ $14460.20 $1,646.00 $16,106.20 297 424 - 462 -07 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 _ $1646.00 $16,10620 298 424 - 463 -16 R -2 2 $12696.00 $593.20 $1,171.00 $14.460.20 $1.646.00 $16.106.20 299 424 -463 -15 R -2 2 $12.696.00 $593.20 $1,171.00_ $14,460.20 $1,646.00 $16.10620_ 300 424 -463 -14 R -2 2 $12696.00 $593.20 $1,171.00 $14460.20 $1,646.00 516,106.20__ 301 424 - 463 -13 R -2 2 $12.696.00 $593.20 $1.171.00 $14,46020 $1,646.00 $16,106.20 JUZ 424-4113 -12 R -2 2 $12596.00 $593.20 $14,460.20 51,646.00 516.106.20 303 424- 463 -11 R -2 2 $12.69x00 5593.20 _$1,111.00 $1.17L01) ___ __ $14.4602q _ $LG46.00 516,106.20 304 424- 463 -10 R -2 2 $12,696.00 $593.20 $1.171.00 514.460.20 $76aG 00 305 424 - 464 -01 R -2 2 $12.69600 S59320 $1, 17l.90 $14.46020 _ $1.646.00 __$76.10G.20 $16,70 20 Q:We,vpon Beach\AdWrepom \prel 13rpt 26May04.doo Harris & Associates City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Assessment Calculations May 26, 2004 Appendix Page 6 • Preliminary Total Asmt (1 st & 2nd Bond Issues) 306 424464 -02 R -2 Preliminary Assessor's Benefit Total Incidental Financial District For- ITCC Asmt Parcel City Units Construction Expenses Costs mation (1st Costs No. Number Zone per Parcel Costs Bond Issue) • Preliminary Total Asmt (1 st & 2nd Bond Issues) 306 424464 -02 R -2 2 $12,696.00 $59120 $1,171.00 $14,460.20 $1,646.00 16,106.20 307 424464 -03 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 308 424 - 464 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 309 424464 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,46020 $1,646.00 $16,106.20 310 424464 -06 R -2 2 $12.696.00 $593.20 $1.171.00 $14.460.20 $1.646.00 $16,10620 311 424464 -07 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 $14,460.20 $1,646.00 312 424464 -08 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 $1,171.00 313 424464 -09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 $12,696.00 314 930 - 614-39 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 315 930 -61440 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 316 A 930 -61444 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 316 B 930-614-45 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 317 424464 -12 R -2 2 $12,696.00 $593.20 $1.171.00 $14,460.20 $1,646.00 $1b.106.2U 318 424464 -13 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 319 424464 -14 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 320 424464 -15 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 321 424464 -16 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 322 424- 451 -01 R -1 1 $b,34&UU $2%.bu $S86.bU $ /,23U.1U 5523.UU SR,UJ3.Iu 323 424451 -02 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 324 424451 -03 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 195 A9A141 -M R -1 1 SA 74R nn S9nA An P. S Sn 7 930.10 $R93 on $805310 326 424 - 451 -05 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 R -1 $8,053.10 327 424451 -06 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 344 328 424452 -01 R -1 1 $6,348.00 $296.60 345 $585.50 $7,230.10 $823.00 $6,348.00 $296.60 $8,053.10 329 424452 -02 R -1 1 $6,348.00 1 $296.60 $585.50 $585.50 $7,230.10 $823.00 $8,053.10 330 424 - 452 -03 R -1 1 56.348.00 $823.00 $8,053.10 $296.60 114 - 222 -29 $585.50 $7.230.10 $823.00 $8.053.10 341 114 - 221 -03 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 342 114- 221 -04 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 343 114- 221 -05 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 344 114 - 221-06 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 345 114- 221 -07 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823,00 S8,053.10 346 114 - 221 -08 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 347 114 - 222-30 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 348 114 - 222 -29 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 349 114- 222-28 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 350 114 - 222 -27 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 351 114- 222 -26 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 352 114 - 222 -25 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 353 114 - 222 -24 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 _ 354 114- 222 -23 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 355 114- 222 -22 R -1 1 $6,348.00 $296.60 $585.50 .$7,230.10 ..$823.00 $8,053.10 356 114 - 222 -21 R -1 1 $6,348.00 $296.60 $585550 $7,230.10 $823.00 $8,053.10 147 11e.999 -9n 0.1 1 iA 34R nn %99A An -% RM Sn It ?30.10 5821 Ou 58.UJ3.lu 358 114 - 222 -19 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 359 114- 222 -18 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 4,8,053.10 360 114- 222 -17 R -1 1 $6,348.00 $585.50 $7,230.10 $823.00 --- $8,053 10 _ 361 114- 222 -16 R -1 1 __$296.60 $6,348.00 $296.60 $585.50 $7,230.10 $8 23.00 $8,053.10 362 363 __114- 211 -22- 114 - 111- 21 - R-1 T-- -R -t --�1 _ 1 $6,348.00 -�� $6,34800 LL $296.60 $585.50 $7,230.10 _ $823.00 $8,053.10 $296.60 $585,50 - �- �$7,230.10 - - --- $823.D0 $8,053.70 364 114- 211 -20 R -1 1 $6,348.00 $296.60 $585 50 $7.230.10 $823,00 $8,053.10 __ - -._ -_ -. -_ .._- - _.....- 365 114- 211 -19 R -1 1 $6,348,00 _$296_.60 $58550 $1,230.10 _ $823.00 $8053.10 _ 366 11a- 211 -tR ft -1 - - 1- --- $6348.00 $296.60 558550 $7,230.10- $823,00 $8,053.10 Q:Wcwpon Beach Wdo94epons\prel 13rp126May04.doc Harris & Associates • • • City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineer's Report Assessment Calculations May 26, 2004 Appendix Page 7 Preliminary ITCC Total Asmt Costs (1 st & 2nd Bond Issues) 367 114- 211 -17 R -1 Preliminary Assessors Benefit Total Incidental Financial District For - Asmt Parcel City Units Construction Expenses Costs mation(1st No. Number Zone per Parcel Costs Bond Issue) May 26, 2004 Appendix Page 7 Preliminary ITCC Total Asmt Costs (1 st & 2nd Bond Issues) 367 114- 211 -17 R -1 1 $6,348.00 $296.60 $585.50 $7230.10 $823.00 $2d,92U,41 $8,053.10 368 114 - 211 -16 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $1,171.00 $8,053.10 $1,646.00 369 114 - 211 -15 R -1 1 $6,348.00 $296.60 $585,50 $7,230.10 $823.00 $8,053.10 $593.20 370 114- 211 -14 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 424 - 411 -03 $8,053.10 _ 2 371 114 - 211 -13 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 425 $8,053.10 R -2 372 114 - 211 -12 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 . -. .__.__ 426 $8,053.10 373 114 - 211 -11 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 _- ._.__- .....__. $i6_i C6.20 $8,05110 374 114 - 211 -10 R -1 1 $6,348.00 $296.60 $58550 $7,230.10 $823.00 $8,05110 375 114 - 211 -09 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 376 114 -211 -08 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 377 114 - 211 -07 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 378 114 -211 -06 R-1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10_ 379 114 - 211 -05 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 380 114 -211 -04 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 381 114- 211 -03 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 382 114 -211 -02 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 383 114 - 211 -01 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 384 114 - 222 -01 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 385 114 - 222 -02 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 386 114- 222 -03 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 387 114 - 222 -04 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8.053.10 388 114 - 222 -05 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 389 114 - 222 -06 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 390 114 - 222 -07 R -1 1 $6,348.00 $296.60 $58550 $7,230.10 $823.00 $8,053.10 391 114 - 222 -08 R -1 1 6,348.00 $296.60 $585.50 $7,230.10 823.00 $8,053.10 392 114 - 222 -09 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 393 114 - 222 -10 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 394 114 - 222 -11 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 395 114 - 222 -12 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 396 114 - 222 -13 R -1. 1 $6.348M $296.60 $585.50 $7,230.10 $823.00 $8,053.10 397 114- 222 -14 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 398 114 - 222 -15 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 399 114 - 211 -23 R -i 1 $6,348.00 $296.60 $585.50 $7.230.10 $823.00 $8.053.10 400 114- 211 -24 R -1 _ 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 401 114 - 211 -25 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 402 114 - 211 -26 R -1 1 $6,348.00 $296.60 $585.50 $7.230.10 $82100 $8,05110 403 114 - 211 -27 R -1 1 $6,348.00 $296.60 $585.50 $7.2X 10 $823.00 $8,05110 404 114- 211 -28 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8.053.10 405 114 - 211 -29 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8.053.10 406 114 - 211 -30 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 407 114 - 211 -31 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $82100 _ $8.053.10 408 114 - 211 -32 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 409 114- 211 -33 R -1 1 $6,348.00 $296.60 $585.50 $7230.10 $823.00 $8,053.10 410 114 - 211 -34 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10__ 411 114 - 211 -35 _ R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 412 114 - 211 -36 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 413 114 - 211 -37 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $8,053.10 414 114 - 211 -38 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 8.053.10 415 114 - 211 -39 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 8,053.10 416 114- 21140 R -1 1 $6348.00 $296.60 $585.50 $7230.10 $823.00 $8.053.10 417 114 -211 -01 R -1 1 $6348.00 $296.60 $585.50 $7,230.10------ �_ $823.00 $8053.10 418 114 - 211-42 R -1 1 $6348.00 $296.60_ $585.50 $7230.10 $823.00 $8.053.10 419 114 - 211 -43 R -1 1 $6,348.00 $296.60 $585.50 $7,230.10' _ $82100 $8,053.10 420 114 - 211 -44 R -1 1 $6,348.00 $296.60 $585.50 $7230.10 _ $823.00 _____ $8,053.10 4Z1 114 -211 -4b R -1 4 $26J92.00 $1,166.41 W.342.00 $2d,92U,41 $j,292 UQ $32.212 41 422 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16.106.20 423 _424411 424 - 411 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,46020 $1,64600 $16,106.20 424 424 - 411 -03 R -2 _ 2 $593.20 _ $1.171.00 $1.646.00 _ $16.10620 425 424 - 411 -04 R -2 2 _$12,69600 $12.696.00`$59320 $1,17100 _$14,460.20 $14,46020 $1.646.00 $16.106.20 . -. .__.__ 426 424- 411.05_RJ2 2 $12,696.00 ...__.__- $59320 .- -._...- $1,171.00_ .... _. _... $74,46020 _ ._. - -_.__ - $164600 _- ._.__- .....__. $i6_i C6.20 Q: \Newport Beach\M69Uepar \prei 13rpt 26May04.doc Harris & Associates City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Assessor's Asmt Parcel City No. Number Zone 930-6 Assessment Calculations Benefit Total Units Construction er Parcel Costs May 26, 2004 Appendix Page 8 Preliminary Preliminary Incidental Financial District For- ITCC Total Asmt Expenses Costs oration (1st Costs (1st & 2nd Bond Issue) Bond Issues 432 424411 -11 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 433 424411 -10 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 $14,460.20 434 424411 -09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 - $1,646.00 $16,106.20 $593.20 435 424411 -08 R -2 2 $12,696.00 $593.20 $1.171.00 $14.460.20 $1,646.00 $16.106.20 436 424414-01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 437 424414 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16.10620 438 424 - 414 -03 R -2 2 $12,696M $593.20 $1,171.00 $14,460.20 $1,646.00 116,106.20 439 424414 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 440 424414 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 441 424 - 454 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 442 424-054-02 R -2 2 $12,696.00 $59320 $1,171.00 $14,46020 $1,646.00 $16,106.20 443 42445403 R -2 2 $12,696.00 $59320 $1,171.00 $14,460.20 $1,646.00 $16106.20 444 424 - 454-04 R -2 2 $12696.00 $593.20 $1.171.00 $14.46020 $1.646.00 $16.106.20 445 424454 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 44A e�eace_AA R -9 A19 AQA no SAOa gn M 171 00 1446020 164600 $1610620 447 424415-01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 _ 448 424415-02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 449 424415-03 R -2 2 $12,696.00 $593.20 $1,171.00 $14,46020 $1,646.00 $16,106.20 450 424 -015-04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 451 424415-05 R -2 2 $12,696.00 $59320 $1,171.00 $14,460.20 $1,646.00 $16,106.20 452 424-041 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 453 424-041 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 454 424-041 -03 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 455 424-041 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 456 930 -61442 CONDO 1 $6,348.00 $296.60 $5a5.50 $7,230.10 $823.00 $8,053.10 457 930 -61443 CONDO 1 $6,348.00 $296.60 $585.50 $7,230.10 $823.00 $80537 458 424-041 -06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 459 424413 -11 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 460 424413 -14 R -2 2 $12,696.00 $59320 $1,171.00 514,460.20 $1,646.00 $16,106.20 461 424413 -12 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 462 424413 -13 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 463 424-042 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 464 424-042 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 465 424-042 -03 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 466 424-042 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 467 424-042 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 468 424-042 -06 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 469 423- 021 -09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10670 470 423 - 021 -12 R -2 2 $12,696.00 $593.20 $1,171.00 $14,46020 $1,646.00 $16,106.20 471 423 -021 -10 R -2 2 $12,696.00 $59320 $1,171.00 $14,46020 $1,646.00 $16,106.20 472 423-021 -11 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 473 424-043 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 474 424-043 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,10620 475 424-043 -03 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 416 424-043 -04 K -2 2 214,b`A.UV 1,D84.2u 31,1 /I.uu Y19,9Ou.Lu 4.1."O.uu s10, room 477 424-043 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 ,478 424-043:06 R -2 2 $12,696.00 $593.20 ,$1,171,00 _ $14,460,20 $1,64600. $16,106.20 479 423022 -09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 __$1,645.00 _$16,106.20 480 423 - 022 -12 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1.646.00 $16,106.20 481 423022 -10 R -2 2 $12696.00 $593.20 $1.171.00 $14,46020 $1646.00 $16,106.20 482 423 - 022 -11 R -2 2 $12.696.00 $593.20 $1,171.00 $14.460.20 $164600 $16.10620 ____ 483 424 - 444 -01 R -2 2 $72,696.00 $593.20 $1,171.00 $14,46020 $164600 $16,106.20 484 930 - 614 -36 CONDO _ 1 $6,348.00 $296.60 $585.50 $7.230.10 $823.00 $8.05310 485 930- 614 -37 CONDO 1 $6.348.00 $296.60 $585.50 $7,23010 $823.00 $8.053._10 486 424 - 444 -03 R -2 2 $12,696.00 $593.20 $1,17100 $14,46020 $1.646.00 $16.10620 487 424 - 444 -04 R -2 2 _ $12696.00 $59320_ $1.17100 $1446020 $1.64600 $M.10620 488 424- 444 -05 R -2 2 _$12.696.00 $593.20 $1.171.00 $14.46020 $1.64600 $16.70620 Qi Ne%vpart Beach\Ad69\rcports \prel l3rpt 16Mav04.duc • • Harris & Associates 0 4, E City of Newport Beach Underground Utility Assessment District No, 69 (West Newport) Preliminary Engineer's Report Assessment Calculations May 26, 2004 Appendix Page 9 490 423 -02312 R -2 2 Preliminary Preliminary Assessors Benefit Total Incidental Financial District For- ITCC Total Asmt Asmt Parcel City Units Construction Expenses Costs mation (1st Costs (1st & 2nd ' No. Number Zone per Parcel Costs $12,696.00 Bond Issue) Bond Issues) 489 423 - 023-09 R -2 2 $12,696,00 $593.20 $1,171M $14,460.20 $1,646.00 $16,106.20 490 423 -02312 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 516 $164600 16,106.20 491 423- 023 -10 R -2 2 $1,646.00 $12,696.00 $593.20 $1,171.00 R -2 $14,460.20 $12,696.00 $1,646.00 $16,106.20 492 423 -023-11 R -2 2 R -2 $12,696.00 $593.20 $1,171.00 $1,646.00 $14,46020 $1,646.00 $16,106.20 493 423 -315-01 R -2 2 $1,646.00 $12,696.D0 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 494 423 -315-02 R -2 2 423- 321 -09 $12,696.00 $593,20 $1,171.00 $1,171.00 $14,460.20 $1,646.00 $16,106.20 495 423315 -03 R -2 2 $593.20 $12.696.D0 $59320 $1171.00 $16,106.20 $14A60.20 $1.646.00 $16.106.20 515 423 -313 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,546.00 $16,106.20 516 423 -313-03 R -2 2 $12,696.00 $59320 $1,171.00 $14,460.20 $1,646.00 $16,106.20 517 423 -313-07 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 518 423 -313-08 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 519 423 -321 -08 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 520 423 - 321 -11 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 521 423- 321 -09 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 522 423 - 321 -10 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 523 423 - 326 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 524 423 -326-02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 525 423 -326-03 R -2 2 $12,696.00 $593.20 $1,171.00 _ $14,460.20 $1,646.00 $16,106.20 526 423 -326-04 R -2 2 $12.696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 527 423 - 326 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14460.20 $1.646.00 $16,106.20 528 423 -326-06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 529 423 - 326-07 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 _ $16,106.20 530 423 - 326-08 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 531 423 - 322 -09 R -2 2 $12.696.00 $593.20 $1,171.00 $14.460.20 $1,646.00 $16,106.20 532 423 - 322 -12 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 533 423 - 322 -10 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 537 423 - 325-03 R -2 2 $12.696.00 $593.20 $1.171.00 $14.460.20 $1.646.00 $16.106.20 538 423 - 325-04 R -2 2 $12696.00 $1,171.00 $14.460.20 $1,646.00 $16,106.20 _539 423 - 325-05 R -2 2 $12,696.00 _$593.20 $593.20 $1,17100 $14,460.20 $1646.00 $16,106.20 _ 540 423 - 325-06 R -2 _ 2 $12,69600 $593.20 $1,171.00 $14.460.20 $1646.00 $16,106.20 541 423 -32507 R -2 2 $12696.00_ $593.20 $1,171.00 $14,460.20 -$1,64600 $16,106.20 542 423 - 323 -13 R -2 2 $12.696.00 $593.20 _ $1,171.00 $14,460.20 $59320 $16.106.20_ 543 423- 323 -16 R -2 2 $59320 $1,171.00 __$1,646.00 $14460.20_ $1.646.00 $16,106.20 544 423- 323 -14 R -2 _$12.696.00 2 $12.696.00 $593.20 $1.171.00 $14460.20 $1646.00 $16.106.20 $59320 546 423- 324 -01R -2 2 $12.696.00 $1,171.00 $14,460.20 $1,646.00 $tti.10ti.20 _ 547 42.3- 324 -02 R -2 _ 2 _ $12696.00 _$593.20 $59320 $1,17100 $14.46020 $t 64600 $16,10620 538 423- 324 -03 R -2 2 $1269600 $59320 $1,171.00 $14460.20 $161600 $16.106.20 -.... 549 40324-04-7-Z"' _. --_ 2 $12.696.00 _ $59320 $1.17100 $14.460.20 _ $164600 $16.106.20 _ Q: Ne. pun Beach Wd69veponslprel 13rpl 26May04.doc Harris & Associates City of Newport Beach Underground Utility Assessment District No. 69 (West Newport) Preliminary Engineers Report Assessment Calculations May 26, 2004 Appendix Page 10 Preliminary Preliminary Assessors Benefit Total Incidental Financial District For- ITCC Total Asmt Asmt Parcel City Units Construction Expenses Costs mation(1 st Costs (1st &2nd 559 423 - 336 -02 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 560 423 -336 -03 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 561 423 -336 -04 R -2 2 $12,696.00 $593.20 $1,171,00 $14,460.20 $1646.00 $16,106.20 562 423 -336-05 R -2 _ 2 $12,696.00 $59320 $1,171,00 $14,460.20 $1646.00 $16,106.20 563 423 -336-06 R -2 2 $12,696.00 $59320 $1,171.00 $14,460.20 $1646.00 $16,106.20 564 423336 -07 R -2 2 $12,696.00 $593.20 $1,171.00 14,460.20 $1646.00 $16,106.20 565 423 - 336-08 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 566 423 - 336-09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 567 423 - 332 -07 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 568 423 - 332 -12 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 R -2 16,106.20 569 423 -332 -08 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106,20 570 423 - 332 -11 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.26 571 423 -332 -09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 572 423 - 332 -10 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 573 423 -33508 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,10620 574 423 -33509 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,10620 575 423 -335-02 R -2 2 $12,696.00 $59320 $1,171,00 $14,460.20 $1,646.00 $16,106.20 576 423 -33503 R -2 2 $12,696.00 $593.20 $1,171.00 $14460.20 $1,646.00 $16,106.20 577 423 -33504 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 578 423 -33505 R -2 2 $12,696.00 $593.20 $1171.00 $14,46020 $1,646.00 $16,106.20 579 423 -33506 R -2 2 $12.696.00 $593.20 $1.171.00 $14.460.20 $1,646.00 $16,106.20 580 423 -33507 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 583 423 - 333-08 R -2 2 $12,696.00 $593.20 $1,171.00 $14460.20 $1646.00 $16,106.20 584 423.333 -11 R -2 2 $12,696.00 $593.20 1,171.00 $14,460.20 $1,646.00 $16,106.20 585 423 - 333 -09 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 586 423 - 333 -10 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 587 423 - 334 -01 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.26 588 423- 334 -02 R -2 2 $12696.00 $59320 $1,171.00 $14,460.20 $1646.00 $16,106.20 589 423 - 334 -03 R -2 2 $12,696.00 $593.20 $1,171.00 2 $14,460.20 $1,646.00 $16,106.20 590 423 - 334 -04 R -2 2 $12,696.00 $593.20 $1,171.00 $12,696.00 $14,460.20 $1,646.00 $16,106.20 591 423 - 334 -05 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 592 423 -334 -06 R -2 2 $12,696.00 $59120 $1,171.00 $14,460.20 $1,646.00 $16,106.20 593 423 - 334 -07 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 594 423- 334 -08 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 595 423 - 334 -09 R -2 2 $12696.00 $59120 $1.171.00 $14.460.20 $1.646.00 $16.106.20 596 423 - 341 -06 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 597 423 - 341 -12 R -2 2 $12,596.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16.106.20 598 423 - 341 -07 R -2 2 $12,696.00 $593.20 $1,171.00 $14,460.20 $1,646.00 $16,106.20 599 423 - 341 -11 R -2 2 $12.696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 600 423 - 341 -08 R -2 2 $12,696.00 $59120 $1,171.00 $14,460.20 .$1646.00. $16,106.20 601 423 - 341 -10 R -2 2 $12,696.00 $593.20 $1,171.00 $14.460.20 $16.106.20 __ 602 423 - 341 -09 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 __$1,646.00 $1.646.00 $16,106.20 _ 603 423 - 342 -02 R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 604 423 - 342 -01 _ R -2 2 $12696.00 $593.20 $1,171.00 $14,460.20 $1646.00 $16,106.20 605 423- 342 -03 R -2 2 $12696.00 $593.20 $1,171.00 $14460.20 $1646.00 $16,106.20_ 606 423_- 342 -04 _ R -2 2 $12696.00 $593.20 $1,171.00_ $14460.20 $1,646.00 $16,106.20 607 423- 342 -05 R -2 2 $12.696.00 $593.20 $1,17100__ $14460.20 _$1,646.00 $16,106.20 608 423-342-06 R -2 2 $12.696.00 $59320 $1,171.00 $14,460.20 $1,646.00 _ $16,106.20 4P 609 423-342-67--F2 -2 2 $12.696.00 559320 31.171.00 $14,460.20 $1,646.00 $16,106.20 610 423 - 342 -08 R -2 2 $12,69600 $593.20 $1,171.00 _ _514:45020,$1.646.00 $16,106.20 Harris & Associates QnNewport Beach'.Ad69\repons \pre1 l3rpt 26May04.doc 0 0 City of Newport Beach Underground Utility Assessment District No, 69 (West Newport) Preliminary Engineer's Report Assessment Calculations May 26, 2004 Appendix Page 11 Preliminary Preliminary Assessors Benefit Total Incidental Financial District For- ITCC Total Asmt Asmt Parcel City Units Construction Expenses Costs mation (1st Costs (1st & 2nd QANewpon Beach Wd69\reponsiprel 13rpr 26May04.doc Harris & Associates RESOLUTION NO. 2004 - 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MAKING FINDING ON A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR PROPOSED ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) WHEREAS, this legislative body has received from certain property owners an executed petition (the `Petition ") requesting the formation of a special assessment district, to be designated as Assessment District No. 69 (West Newport) (the "Assessment District'), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the Petition, togetherwith appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the ordinances of the City of Newport Beach and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); and WHEREAS, the Development Engineer of the City of Newport Beach has certified to this legislative body that the Petition has been signed by owners owning more than fifty percent (50 %) in area of all assessable property within the boundaries of the proposed Assessment District, and WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District; NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Petition shall be retained as a permanent record and remain open to public inspection. SECTION 3. The Map is hereby approved and adopted. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original Map and on at least one copy of the Map evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of a resolution fixing the time and place of hearing on the formation or extent of the Assessment District, a copy of the Map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of California. SECTION 5. Stephen G. Badum P.E., Director of Public Works for the City of Newport Beach, is hereby appointed to perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said duties are specified and designated in the Act. The place for recordation of the assessment roll and diagram shall be in the office of the appointed Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 6. The Daily Pilot is hereby designated as the newspaper for all publications as required by law and as necessary forthe Assessment District proceedings. SECTION 7. The firm of Harris & Associates is hereby appointed the Assessment Engineer forthe Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 8. The firm of Fieldman Rolapp & Associates is hereby appointed the Financial Advisor for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 9. The firm of Stradling Yocca Carlson & Rauth is hereby appointed the Disclosure Counsel for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 10. Robert E. Hessell, attorney at law, is hereby appointed to act as Bond Counsel for the Assessment District and the contract for services submitted is hereby approved. SECTION 11. This legislative body hereby authorizes the establishment of a special improvement fund for the Assessment District and into the improvement fund shall be placed all proceeds from the sale of Assessment District bonds and cash collections. In order to expedite the improvements to be made underthe Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the special improvement fund. Any funds transferred into the special improvementfund (other than proceeds from the sale of Assessment District bonds and cash collections) shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Streets and Highways Code of the State of California. 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of June, 2004, by the following vote: AYES: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES: None ABSENT: None ABSTAIN: Heffernan, Rosansky ATTEST: City Clerk 3 Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -48 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of June, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: Heffernan, Rosansky IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of June, 2004. (Seal) City Clerk Newport Beach, California RESOLUTION NO. 2004. 49 RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT), DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND TO DESIGNATE THE AREA AN UNDERGROUND UTILITIES DISTRICT WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 69 (West Newport) (hereinafter referred to as the "Assessment District') to provide forthe conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, this legislative body further desires to ascertain whether area comprising the Assessment District should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "City ,,); WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, togetherwith appurtenances and appurtenantwork in connection therewith, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District; WHEREAS, the assessment proceedings forthe Assessment District were initiated by owners of the real property; NOW THEREFORE, Be it Determined, Resolved, and Ordered by the City Council of the City as follows: DECLARATION OF INTENTION SECTION 1. The public interest and convenience require, and it is the intention of this legislative body to order, pursuant to the Act, the construction of the public improvements hereinafter described in and forthe Assessment District, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. DESCRIPTION OF IMPROVEMENTS SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: A. The improvements generally consist of the conversion of existing overhead electrical and communication facilities to underground locations within the area shown on the Map, together with appurtenances and appurtenantwork thereto, all to serve and specially benefit the properties within Assessment District No. 69 (West Newport). B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineer's Report (described below) and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineer's Report. D. The description of the improvements contained in this Resolution is general in nature, and the plans and profiles of the work as contained in the Assessment Engineer's Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The improvements are of special benefitto the real propertywithin the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District, which is described as follows: All real property and other territory in the proposed Assessment District included within the exterior boundary lines shown on the Map described above, which Map, entitled "Proposed Boundaries Assessment District No. 69 (West Newport)," was previously approved by this legislative body, exhibits the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements, and is on file with the transcript of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the boundary Map. 2 REPORT OF THE ASSESSMENT ENGINEER SECTION 3. The proposed improvements are hereby referred to Harris & Associates (the "Assessment Engineer "), who is hereby directed to make and file a report as required by the Improvement Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California, and the Omnibus Proposition 218 Implementation Act(Government Code Section 53750), such report (the "Assessment Engineer's Report') shall be in writing and contain the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective real property and otherterritory within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. . The proposed assessment of the assessable costs and expenses of the construction of the proposed improvements upon the real property in the Assessment District in proportion to the estimated special benefits to be received by the real property, respectively, from such improvements. Such assessment shall refer to such real property upon such diagram by the respective numbers thereof; E. The description of the improvements proposed to be constructed under these proceedings. When any portion or percentage of the assessable costs and expenses of the construction of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subparagraph D above. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500, et seq.), which bonds shall be issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) 3 months from their date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officerto collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above, all of the improvements shall be constructed pursuantto the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements; or D. To call bonds. IMPROVEMENT FUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid outofthe proceeds of the sale of bonds as authorized by law. U PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Patrick Arciniega, Project Engineer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 (949) 644 -3347 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the City will not obligate itself to advance available funds from the City treasury to cure any deficiency that may occur in the bond redemption fund for the Assessment District. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuantto Section 10110oftheStreetsand HighwaysCodeof the State of California, it is also the intention of this legislative body with respect to the improvements to be owned managed or controlled by any other public agency, regulated public utility, or mutual water company, prior to ordering the construction of improvements, to enter into an agreement with each public utility company or public agency, or any combination thereof with respect to the improvements to be owned, controlled or managed by the utility or agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 8th day of June, 2004, by the following vote: AYES: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES: None ABSENT: None ABSTAIN: Heffernan, Rosansky ATTEST: ��h" City Clerk A STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -49 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of June, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: Heffernan, Rosansky IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of June, 2004. (Seal) City Clerk Newport Beach, California RESOLUTION NO. 2004- 50 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) AND AN UNDERGROUND UTILITIES DISTRICT, SETTING ATIME AND PLACE FOR APUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as Assessment District No. 69 (West Newport) (hereinafter referred to as the "Assessment District') to provide for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'); WHEREAS, the Assessment District area should be designated an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "Ordinance "); WHEREAS, a resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and the utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the 'Report") as provided for in and required by the Resolution of Intention, Sections 10203 and 10204 of the Act, The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act") (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law ") and the Ordinance; NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted, passed upon, and preliminarily approved, as follows: A. The plans and specifications for the proposed improvements to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; 1 B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective real property interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several property interests in the Assessment District, in proportion to the estimated special benefits to be received by such property interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district, the proposed assessments, and the designation of the area as an underground utilities district at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on July 27, 2004 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property that is subject to the assessment has the rightto submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each property interest located within the assessment district and subject to a proposed assessment. Each such owner may complete such ballot and thereby indicate their support for or opposition to the proposed assessment. All such ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 A postmark prior to such date and time will not be sufficient. F. At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be opened and tabulated. If a majority protest exists, the City Council shall not impose an assessment within the assessment district. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the assessment district exceed the ballots submitted in favor of such assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 5. The City Clerk is hereby directed to mail, in the form and manner prescribed in the Assessment Law and at least 45 days prior to the date of the public hearing, notice of the public hearing and the adoption of the Resolution of Intention and of the filing of the Report, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of June, 2004, by the following vote: AYES: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES: None ABSENT: None ABSTAIN: Heffernan, Rosansky ATTEST: �� • 1�1�n��'JC.ei1� City Clerk 3 Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH 1 I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -50 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of June, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: Heffernan, Rosansky IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of June, 2004. (Seal) City Clerk Newport Beach, California • i C -35a(a PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES, INC. FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 69 THIS AGREEMENT, entered into this day of , 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Harris & Associates, Inc., whose address is 34 Executive Park, Suite 150, Irvine, California, 926144705, (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 City. B. City is planning to implement Assessment District No. 69 ( "Project'). C. City desires to engage Consultant to prepare and Engineer's Report and act as an Assessment Engineer for CITY in connection with special assessment district procedures to underground utilities for Proposed Underground Assessment District No. 69 (Generally includes West Newport in alley between Summit Street and 61" Street, in Seashore Drive between 61" Street and 54th Street, along Lido Sands Drive, along River Avenue, along Seashore Drive between 54th and 46th Street, along -1- • • Seashore Drive and Neptune Avenue between 46" and 34" Street, and along Ocean Front alley from 34`h to 30' Street) upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of the Project are Joan E. Cox, P.E., and Jeffrey M. Cooper, P.E. 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 and 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 30th day of April, 2002, and shall terminate on the 30th day of April, 2006, 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" 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 Exhibit "B" attached hereto and incorporated herein by reference. No billing rate changes shall be made during the term of this Agreement without prior written -2- • • approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of forty -eight thousand, two hundred and 00/100 Dollars ($48,200.00). 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. 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. Actual costs and /or other costs and /or payments specifically authorized in -3- 0 advance in writing and incurred by Consultant in the performance of this Agreement. 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 to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES 10 0 0 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 and means of performing the work provided that Consultant is in 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 Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Joan E. Cox, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit 'B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or -5- • • reassign any personnel designated in this Section or assign any new or replacement person to 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 Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete 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 Consultant shall perform the services 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 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 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, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 0 0 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 telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 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 any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or -7- r 0 omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active 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. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. IM 9 0 B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, 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, including additional insured (and primary and non - contributory wording for waste haulers only), 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 one million Dollars ($1,000,000.00). 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 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 the work. IQ 0 E Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide commercial general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, commercial 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, 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 or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document -10- n U 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 City authorizes the release of information. 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 entitled to rely upon the accuracy of data information provided by City or -11- • 0 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 (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Richard L. Hoffstadt, P.E., shall be considered the Project Administrator and shall have the authority to 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 records with respect to the costs incurred under this Agreement. All such records shall be -12- 0 0 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 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. 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 -13- • • City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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 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. -14- • • All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Joan E. Cox, P.E. Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 (949) 655 -3900 (949) 655 -3995 Fax 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 parry from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the 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 -15- 0 A 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 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 applicable 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. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her 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 -16- 0 • or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY 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. -17- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: —i City Attorney ATTEST: By-,�k" M , NaM, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By:�- Mayor 47r HARRIS & ASSOCIATES By: - � � �i Toa,.> 0. 6-70)<- A om A 55ac i,4 7-c-- f:\users\pbw\shared\agreements\fy 01-02\harris & assoc - ad 69.doc SRI Assessment Engineering Sets • EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services SCOPE OF SERVICES The following is our scope of services for the formation of Assessment District No. 69, which encompasses approximately 500 parcels of land. Based on discussions with City staff, the City has decided to go forward with the establishment proceedings without the usual 60% petition requirement. This scope assumes the assessment district will formed under the authority of the Municipal Improvement Act of 1913. Therefore, all elements required by the 1913 Act and Article XMD of the California Constitution (Proposition 218), as well as the provisions of the Debt Limitation Act of 1931, will be provided to the City, including an Engineer's Report that utilizes an appropriate assessment methodology for apportioning the costs to all properties receiving "special benefits" from the facilities. The Engineer's Reports will be prepared and signed by a registered Professional Civil Engineer. Phase 1 - Engineer's Report and Formation Proceedings 1. In conjunction with the City staff, determine proposed assessment district boundary and any zones of benefit. 2. Obtain and utilize the Orange County Assessor property owner information to create a property owner data base that will be used for required mailings and assessment apportionment. 3. Prepare a database showing Assessment Number, Assessor's Parcel Number, area of each lot in acres, assessed value, front footage, owner, address of property, mailing addresses and any other pertinent and/or required information. 4. Assist Bond Counsel and City Staff in establishing a project schedule. 5. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an electronic base map supplied by the City. 6. Prepare the draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act and Proposition 218, to include the following: • 1931 Act information and tables • Plans and specifications (by reference) Description of works of improvements • Preliminary estimate of costs • Assessment Diagram • Method of assessment apportionment • Assessment roll with preliminary assessments • Right -of -Way Certificate (executed by Superintendent of Streets • Certificate of Completion (executed by Director of Public Works) Finalize the Preliminary Engineer's Report, including apportionment and method of assessment distribution, based on comments received. C:\WINDOWS\TeMorarylntemetFiles\OLK50FI\exh—A2.doc Page A -1 Assessment Engineering Sees • EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services 8. File Preliminary Engineer's Report with Superintendent of Streets. 9. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's Report are considered and Public Hearing is set (includes 1 meeting). 10. Prepare Boundary Map for recordation and record. 11. The Notices of Public Hearing and Assessment Ballots will be prepared, including the property owner's name and mailing address, Assessor's parcel number and preliminary assessment amount, for mailing to all assessed property owners of record within the proposed district. Work will be performed in accordance with the 1913 Act and Proposition 218. This scope assumes Special Council and the City will review and approve the contents of the Notice and that the City will provide the envelopes and postage for mailing. Prepare a written declaration that this task has been completed. 12. Prepare Confirmed Engineer's Report in which the confirmed assessment apportionment is based on final approved estimate of fees to be financed, including incidental and financing costs. 13. File Confirmed Engineer's Report with the Superintendent of Streets. 14. Attend the City Council meeting at which the Public Hearing is conducted to provide technical support and answer questions. Tabulate the assessment ballots after the close of the public hearing and present the results to the City Council (includes 1 meeting). 15. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property owners as required. Attend property owner information meetings to discuss preliminary assessments and confirmed assessments. Participate in coordination meetings with City staff, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants. Phase 2 - Assessment Confirmation and Bond Sale 16. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment Diagram for recordation and record. 17. The Notice of Assessment will be prepared and will including the confirmed assessment amount as well as cash payoff amount, for mailing to all assessed property owners of record within the confirmed district. This scope assumes Special Council reviews the contents of the Notice and that the City will provide the envelopes and postage for the mailing. Prepare a written declaration that this task has been completed. 18. Prepare the List of Paid and Unpaid Assessments for use by the City. 19. Assist the City and project team with review of the Preliminary Official Statement and the Official Statement, and provide basic assessment engineering, as necessary, to bring the project to the point of initial bond sale. 20. Participate in meetings with City staff, project administration and coordination with City staff, property owners, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants. C:\WiNDOWS \Temporarylntemet Fi lcs \OLK50Fl\exh_Al.doc Page A -2 Assessment Engineering SerafE'es • EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services Phase 3 - Property Owner Coordination after Formation 21. Answer property owner questions relating to the underground district, service connections, building permits and all other miscellaneous questions related to the undergrounding. 22. Mailing No. 1: Mail letters to property owners telling them that the Edison contractor is starting work. 23. Mailing No. 2: Mail letters to property owners telling them that it is time to connect to the new underground system once Edison has completed installation of the underground conduits and vaults. 24. Research all returned letters to determine correct address and remail. 25. Keep accurate records to avoid multiple letters to homeowners. 26. Mailing No. 3: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have not pulled EIectrical Permits. The Building Department will provide the Public Works Department with a list of those property owners that have been issued Electrical Permits. 27. Research all returned letters to determine correct address and remail. 28. Mailing No. 4: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have not pulled Electrical Permits. The Building Department will provide the Public Works Department with a list of those property owners that have been issued Electrical Permits. This letter will have a final conversion date with a statement of legal ramifications. 29. Work with City to get any stragglers to underground their services. This may require additional letters, most likely reviewed and approved by the City Attorney's office. Exclusions The following items of work are excluded from the Scope of Services: a. Right -of -way services. b. Post -Public Hearing Services (except as noted), including debt service (amortization) schedules and placement of assessments on tax roll. c. Property valuation and tax delinquency information. d. Advertising of notices in newspaper. e. Preparation of improvement plans, specifications, and bid documents. Services and Information to be Provided by Others The following information will be provided by the City or others: a. Posting of Notices and Construction Inspection. C:\WINDOWS\TerMorarylntemetFiles\OLK50FI\eA—A2.dw Page A -3 Assessment Engineering Ser7fces Proposed Assessment District No. 69 b. Postage, letterhead and envelopes for property owner mailings. c. Fiscal administration. d. Rights -of -entry onto private property; as required. EXHIBIT "A" Scope of Services e. Current maps, records, plans, etc., that pertain to this project will be provided by the Public Works Department and/or utility companies, as appropriate. f. Preparation and execution of Notice of Exemption (environment documents, etc.) g. Utility construction cost estimates provided by respective utility companies. h. Preparation of Certificate of Sufficiency provided by Bond Counsel. Preliminary Schedule The following schedule is an estimated timeline of project tasks and is based on receiving final cost estimates for the improvements in late May, 2002. Task Est. Date Apr I Mayl Jun I Jul Aug Sep Oct Nov Notice to Proceed earl Apr-02 Define Proposed District Boundary late Apr-02 Research and Prepare Database mid May-02 Receive Final Cost estimates from Utilities by late May-02 Prepare Boundary Map & Asmt Diagram late May-02 Prepare 1st Draft Pre]. Engineer's Report earl Jun -02 Review Comments with Project Team mid Jun -02 Prepare 2nd Draft Prel. Engineer's Report late Jun -02 Review Comments with Project Team earl Jul -02 Submit Prel. Engineer's Report mid Jul -02 Rdsolution of Intention 23- Jul -02 Notice /Ballot Production and Mailing by 9-Aug-02 Ro 45 Day Noticing Period thru 24-Sep-02 IS Property Owner Information Meeting late Ati -02 Submit Final Engineer's Report mid Sep-02 Public Hearin 24-Sep-02 Notice of Asmt Production and Mailing late Sep-02 Da Cash Collection Period thru late Oct -02 131 Com i]ation of Paid /Un paid List earl Nov -02 C:IWINDOWS \Temporary Intemet Files \OLK50Fl \ezh_.A2.doc Page A -4 Assessment Engineering Sees Proposed Assessment District No. 69 FEE SCHEDULE • EXHIBIT "B" Fee Schedule The following fees have been based on the Scope of Services described in E)dait "A ": Phase 1 - Engineer's Report and Formation Proceedings Tasks 1 through 14 (including ROI and Public Hearing meetings) ............... $23,000 lump sum Task 15 (Utility, Project Team and Property Owner meetings) .....$600 lump sum per meeting Phase 2 - Assessment Confirmation and Bond Sale Tasks 16 through 19 .......:......................... ...........I................... ..............:..........$4,000 lump sum Task 20 (Project Team meetings ) ........................ ...........................$600 lump sum per meeting Phase 3 - Property Owner Coordination after Formation Tasks 21 through 29 ............................ ...........................time & materials, estimated at $20,000 These lump sum fees and the time & material rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2002. Harris' current schedule of hourly rates are provided below. If the City chooses to have Harris mail the notices, reimbursement for postage will be billed at cost plus 10 %. Invoices will be submitted monthly for services performed in the previous month. Undisputed invoices will be paid within 30 days of receipt. SCHEDULE OF HOURLY RATES Project Director ............... ............................... $200 / hour Project Manager .............. ............................... $170 /hour Sr. Project Engineer ....... $150 / hour Project Engineer .............. ............................... $140 / hour Junior Project Engineer ... ............................... $120 ! hour Sr. Project Analyst $90 / hour Sr. Drafting Technician ..... ............................... $95 / hour Project Analyst .................. ............................... $75 / hour Clerical Staff ..................... ............................... $60 / hour These hourly rates may be updated on an annual (calendar year) basis. C:\WINDOWS\TemporarylntemetFiles\OLK.5ORl\exh—B2-doe Page B -1 MAY -13 -2002 MON 1223 PM CA4RANCE FAX NO. 7 391654 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST S COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. P. 01/01 DATE RECEIVED 51 ! b DZ DEPARTMENT /CONTACT RECEIVED FROM: T LxIot L(. Lj)Dey-S ' DATE COMPLETI ): S c3 Oa SENT TO: , O BY: e 1v v�— COMPANY/PERSC Q REQUIRED TO HAVE CERTIFICATE: It CW ✓ LC � A.SC &A- n-JeC I. GENERAL LL, 3ILITY: JQ�� A. INSURAN1. E COMPANY: B. AM BEST ATING (A VII or greater): x C. ADMTITE: i COMPANY: ( Must be California Admitted) Is company admitted in Califo} Yes No__ D. LRv=: p, ust be 51,000,000 or greater) What is limit provided? 2 DOD qy-j / t 000 `t00 E. PRODUCT : AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes —P— No' F. ADDITOOI 4L INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers) Is it included? Yes_ No n G. PRIMARY \ND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes -!e No_ H. CAUTION ( Confirm that loss or liability of the Named insured is act limited solely by their negligence,) Does eaft . msant include "solely by negligence" wording? Yes_ No_,j— L NOTIFICP. TON OF CANCELLATION: Although there is a provision dw requires notification of cancellation by certified m!. G per Lauren Farley the City will accept the endeavor wording. II. AUTOMOMM: 1ABILITY: I f j� ,( A. INSURAN: E COMPANY: t' i .PVC 'i tAQ. a t� - of 2.kd I vt , P i B. AM BEST: ATING (A VII or greater): ),e ✓/ V I C. ADM =1 COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes No D. LIMITS: (' fust be $ 1,000,000 minimum BI & PD and 5500,000 UM) What is limits rovided ? I I 000t d00 E. ADDITION 1L INSURED WORDING TO INCLUDE: (The City is officers,ageats, officials, employees and volunteers). Is it included? Yes C�l No_ F. PRIMARY rND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yer—V/ E G. NOTIFICA' ION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified rn:i I; per Lauren Farley the City will accept the endeavor wording. III. WORKERS CC.. fP> NSATION: /� 1 - ' (� I A, INSURANi E COMPANY: / V I Gi � KAi 1a4ya�,I' uLYA nze, Co- B. AM BEST I ATING (A VII or greater) A 1/ZT-i C. LIMITS: Si: utery D. WAVIER C ' SUBROGATION: (To include). Is it included? Yes_ No HAVE ALL A. {OVE REQUIREMENTS BEEN MET? Yes No DC IF NO, WHIC::: ITEMS NEED TO BE COMPLETED? wxA,Zd hL SYILYD/�9!"1bA hfl 0 APR 2 3 2002 TO: Mayor and Members of the City Council FROM: Public Works Department April 23, 2002 CITY COUNCIL AGENDA ITEM NO. 7 SUBJECT: UNDERGROUND UTILITIES IN WEST NEWPORT UNDERGROUND ASSESSMENT DISTRICT NO. 69) RECOMMENDATIONS: (PROPOSED Approve a Professional Services Agreement in an amount, not to exceed, $48,200 for Assessment District No. 69 with the firm of Hams and Associates of Irvine, California to provide assessment engineering services for proposed Assessment District No. 69 and authorize the Mayor and the City Clerk to execute the Agreement. Authorize a Budget Amendment in the amount of $25,113 to Account No. 7401 - 05100212 from the unappropriated balance of General Fund Reserves. DISCUSSION: On April 11, 1994, the City Council appropriated $55,000 from the General Fund to hire BSI Consultants to process Assessment District No. 69. On May 10, 1999, the City Council appropriated an additional $247,800 ($200,000 from the General Fund and $47,800 from the City's CDBG program) for Edison and Pacific Bell design work. Edison has completed their design and Pacific Bell will be completing their design within the next few months so the Engineers Report can be completed. The Public Works Department originally hired BSI Associates in 1994 to process Assessment District No. 69 to completion (now Berryman and Henigar). However, since that time, the original staff knowledgeable in underground districts has been hired by Hams and Associates and the original agreement with BSI has expired. The Public Works Department recommends hiring Harris and Associates to complete the District. There is $23,087 in unexpended funds encumbered to BSI Associates, which will be returned to the Assessment District No. 69 CIP account so those funds can be used for the Hams and Associates' Agreement. Therefore, only $5,113 in additional funds is needed for the component to complete Assessment District No. 69. SUBJECT: UNDERGROUND UTILIK IN WEST NEWPORT (PROPOSED ASSESSMEGISTRICT NO 69) April 23, 2002 Page 2 In addition, the scope of work the City is requesting from Harris and Associates is greater than requested from Berryman and Henigar as it includes the coordination of the District once it has been formed. This portion of the contract is an additional $20,000. Staff has requested the coordination in order to provide responsive service to the property owners during the construction phase of the project. Therefore, Staff requests a total of $25,113 in additional funds be appropriated from General Fund Reserves to Account No. 7401- C5100212. Respectfully submitted, *1! �v( m Public Works Director Richard L. Hoff4tadt, P.E. Development Engineer Attachments: Professional Services Agreement Boundary Maps of Proposed District Location Maps of each Sub District 0 PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES, INC. FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 69 THIS AGREEMENT, entered into this day of , 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Harris & Associates, Inc., whose address is Executive Park, Suite 150, Irvine, California, 92614 -4705, (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 cant' 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 implement (project description) ( "Project. "). C. City desires to engage Consultant to prepare and Engineer's Report and act as an Assessment Engineer for CITY in connection with special assessment district procedures to underground utilities for Proposed Underground Assessment District No. 69 (Generally includes West Newport in alley between Summit Street and 61' Street, in Seashore Drive between 61" Street and W Street, along Lido Sands Drive, along River Avenue, along Seashore Drive between 541" and 4e Street, along -1- i i Seashore Drive and Neptune Avenue between 4e and 34h Street, and along Ocean Front alley from W to 301h Street) upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of the Project are Joan E. Cox, P.E., and Jeffrey m. Cooper, P.E. 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 and 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 30th day of April, 2002, and shall terminate on the 30th day of April, 2006, 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" 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 -2- • Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of forty -eight thousand, two hundred and 00/100 Dollars ($48,200.00). 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. 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. Actual costs and /or other costs and/or payments specifically authorized in -3- advance in writing and incurred by Consultant in the performance of this Agreement. 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 to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES -4- 0 0 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 and means of performing the work provided that Consultant is in 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 Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Joan E. Cox, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or -5- s • reassign any personnel designated in this Section or assign any new or replacement person to 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 Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. S. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 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, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 0 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 telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 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 any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or -7- omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active 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 attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consuftant'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. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Workers compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of M 0 • the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, 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, including additional insured (and primary and non - contributory wording for waste haulers only), 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 one million Dollars ($1,000,000.00). 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 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 • 0 own judgment may be necessary for its proper protection and prosecution of the work. 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, 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 co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, 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 or joint - venture. 15. OWNERSHIP OF DOCUMENTS -10- 0 0 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, fumish reports concerning the status of services required under this Agreement. 16. CONFIDENTIAUTY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBIUTIES 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 -11- 0 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 Consultants 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 Iffe 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 (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Richard L. Hoffstad% P.E., shall be considered the Project Administrator and shall have the authority to 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 -12- • • 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 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 bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. -113- 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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 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, -14- 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 Newport Beach, CA, 92658 -8915 (949) 6443311 Fax (949) 6443318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Joan E. Cox, P.E. Hams & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 (949) 655 -3900 (949) 655 -3995 Fax 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 nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. -15- .] 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 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. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since -16- 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY 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. -17- 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk f.4uers\pbvAsharedWgreements%y 01- 02\hards & assoc - ad 69.doc m CITY OF NEWPORT BEACH A Municipal Corporation 0 Mayor HARRIS A ASSOCIATES m Assessment Engineering Services EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services SCOPE OF SERVICES The following is our scope of services for the formation of Assessment District No. 69, which encompasses approximately 500 parcels of land. Based on discussions with City staff the City has decided to go forward with the establishment proceedings without the usual 60% petition requirement. This scope assumes the assessment district will formed under the authority of the Municipal hnprovement Act of 1913. Therefore, all elements required by the 1913 Act and Article XIM of the California Constitution (Proposition 218), as well as the provisions of the Debt Limitation Act of 1931, will be provided to the City, including an Engineer's Report that utilizes an appropriate assessment methodology for apportioning the costs to all properties receiving "special benefits" from the facilities. The Engineer's Reports will be prepared and signed by a registered Professional Civil Engineer. Phase 1- Engineer's Report and Formation Proceedings 1. In conjunction with the City staff, determine proposed assessment district boundary and any zones of benefit. 2. Obtain and utilize the Orange County Assessor property owner information to create a property owner data base that will be used for required mailings and assessment apportionment. 3. Prepare a database showing Assessment Number, Assessor's Parcel Number, area of each lot in acres, assessed value, front footage, owner, address of property, mailing addresses and any other pertinent and/or required information. 4. Assist Bond Counsel and City Staff in establishing a project schedule. 5. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from an electronic base map supplied by the City. 6. Prepare the draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act and Proposition 218, to include the following: • 1931 Act information and tables • Plans and specifications (by reference) • Description of works of improvements • Preliminary estimate of costs • Assessment Diagram • Method of assessment apportionment • Assessment roll with preliminary assessments • Right -of -Way Certificate (executed by Superintendent of Streets • Certificate of Completion (executed by Director of Public Works) 7. Finalize the Preliminary Engineer's Report, including apportionment and method of assessment distribution, based on comments received. C:\WrNDOWS\TempomryintemetFiles\OLKSOFI\exh—Al.doc Page A -1 Assessment Engineering Sees EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services 8. File Preliminary Engineer's Report with Superintendent of Streets. 9. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's Report are considered and Public Hearing is set (includes 1 meeting). 10. Prepare Boundary Map for recordation and record. 11. The Notices of Public Hearing and Assessment Ballots will be prepared, including the property owner's name and mailing address, Assessor's parcel number and preliminary assessment amount, for mailing to all assessed property owners of record within the proposed district. Work will be performed in accordance with the 1913 Act and Proposition 218. This scope assumes Special Council and the City will review and approve the contents of the Notice and that the City will provide the envelopes and postage for mailing. Prepare a written declaration that this task has been completed. 12. Prepare Confirmed Engineer's Report in which the confirmed assessment apportionment is based on final approved estimate of fees to be financed, including incidental and financing costs. 13. File Confirmed Engineer's Report with the Superintendent of Streets. 14. Attend the City Council meeting at which the Public Hearing is conducted to provide technical support and answer questions. Tabulate the assessment ballots after the close of the public hearing and present the results to the City Council (includes 1 meeting). 15. Attend utility coordination meetings on an as- needed basis. Coordinate between City and property owners as required. Attend property owner information meetings to discuss preliminary assessments and confirmed assessments. Participate in coordination meetings with City staff, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants. Phase 2 • Assessment Confirmation and Bond Sale 16. Prepare the Notice of Assessment, List of Assessed Property Owner Names and Assessment Diagram for recordation and record. 17. The Notice of Assessment will be prepared and will including the confirmed assessment amount as well as cash payoff amount, for mailing to all assessed property owners of record within the confirmed district. This scope assumes Special Council reviews the contents of the Notice and that the City will provide the envelopes and postage for the mailing. Prepare a written declaration that this task has been completed. 18. Prepare the List of Paid and Unpaid Assessments for use by the City. 19. Wissist the City and project team with review ofthe a rmmary lii t Y- Stted -d—" — Official Statement, and provide basic assessment engineering, as necessary, to bring the project to the point of initial bond sale. 20. Participate in meetings with City staff, project administration and coordination with City staff, property owners, bond counsel, financial advisor, bond underwriter, appraiser, and other project consultants. C:\WINDOWS\TenyporarylntcmetFiles\OLK50FI\exh—A2.doe Page A -2 Assessment Engineering Services EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services Phase 3 - Property Owner Coordination after Formation 21. Answer property owner questions relating to the underground district, service connections, building permits and all other miscellaneous questions related to the undergrounding. 22. Mailing No. 1: Mail letters to property owners telling them that the Edison contractor is starting work. 23. Mailing No. 2: Mail Ietters to property owners telling them that it is time to connect to the new underground system once Edison has completed installation of the underground conduits and vaults. 24. Research all returned letters to determine correct address and remail. 25. Keep accurate records to avoid multiple letters to homeowners. 26. Mailing No. 3: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have not pulled Electrical Permits. The Building Department will provide the Public Works Department with a list of those property owners that have been issued Electrical Permits. 27. Research all returned letters to determine correct address and remail. 28. Mailing No. 4: Mail follow -up letter about 2 months after Letter #2 was mailed to owners that have not pulled Electrical Pen-nits. The Building Department will provide the Public Works Department with a list of those property owners that have been issued Electrical Permits. This letter will have a final conversion date with a statement of legal ramifications. 29. Work with City to get any stragglers to underground their services. This may require additional letters, most likely reviewed and approved by the City Attorney's office. Exclusions The following items of work are excluded from the Scope of Services: a. Right -of -way services. b. Post - Public Hearing Services (except as noted), including debt service (amortization) schedules and placement of assessments on tax roll. c. Property valuation and tax delinquency information. d. Advertising of notices in newspaper. e. Preparation of improvement plans, specifications, and bid documents. Services and Information to be Provided by Others The following information will be provided by the City or others: a. Posting of Notices and Construction Inspection. CAWINDOWS\Tempomry Intemet Ftles \0LK50F1\exh A2.doc Page A -3 Assessment Engineering Services ® EXHIBIT "A" Proposed Assessment District No. 69 Scope of Services b. Postage, letterhead and envelopes for property owner mailings. c. Fiscal administration. d. Rights -of -entry onto private property, as required. e. Current maps, records, plans, etc., that pertain to this project will be provided by the Public Works Department and/or utility companies, as appropriate. f. Preparation and execution of Notice of Exemption (environment documents, etc.) g. Utility construction cost estimates provided by respective utility companies. h. Preparation of Certificate of Sufficiency provided by Bond Counsel. Preliminary Schedule The following schedule is an estimated timeline of project tasks and is based on receiving final cost . estimates for the improvements in late May, 2002. Task Est. bate Apr Mayl Jun I Jul Aug Sep Oct Nov Notice to Proceed earl A r -02 Define Proposed District Boundary late Apr-02 Research and Prepare Database mid May-02 Receive Final Cost estimates from Utilities by late May-02 Prepare Boundary Map & Asmt Diagram late May-02 Prepare 1st Draft Prel. Engineer's Report earl Jun -02 Review Comments with Project Team mid Jun -02 Prepare 2nd Draft Prel. Engineer's Report late Jun -02 Review Comments with Project Team earl Jul -02 Submit Prel. Engineer's Report mid Jul -02 Resolution of Intention 23- Jul -02 Notice /Ballot Production and Mailing by 9-Aug-02 45 Day Noticing Period thru 24-Sep-02 Property Owner Information Meeting late Ao -02 11) Submit Final Engineer's Report mid Sep-02 Public Hearin 24-Sep-02 Notice of Asmt Production and Mailing late Se 02 30 Day Cash Collection Period thru late Oct -02 Compilation of Paid/Unpaid List earl Nov -02 CAWINDOWSWemporary Internet Fi1es \0LK50F1\exh_A2.doc Page A -4 Assessment Engineering Servi EXHIBIT "B" Proposed Assessment District No. 69 Fee Schedule FEE SCHEDULE The following fees have been based on the Scope of Services described in Exhibit "A ": Phase 1- Engineer's Report and Formation Proceedings Tasks 1 through 14 (including ROI and Public Hearing meetings) ...............$23,000 lump sum Task 15 (Utility, Project Team and Property Owner meetings) ..... $600 lump sum per meeting Phase 2 - Assessment Confirmation and Bond Sale Tasks 16 through 19 .......:......................... ............................... .........................$4,000 lump sum Task 20 (Project Team meetings) ........................ ...........................$600 lump sum per meeting Phase 3 - Property Owner Coordination after Formation Tasks 21 through 29 ............................ ...........................time & materials, estimated at $20,000 These lump sum fees and the time & material rates shown below include most indirect costs such as vehicle usage and mileage, equipment usage (including computers), and printing and copying, and are based on the assumption that the Assessment District will be formed prior to December of 2002. Harris' current schedule of hourly rates are provided below. If the City chooses to have Harris mail the notices, reimbursement for postage will be billed at cost plus 10 %. Invoices will be submitted monthly for services performed in the previous month. Undisputed invoices will be paid within 30 days of receipt. SCHEDULE OF HOURLY RATES Project Director ............... ............................... $200 / hour Project Manager .............. ............................... $170 / hour Sr, Project Engineer ........ ............................... $150 / hour Project Engineer .............. ............................... $140 / hour Junior Project Engineer ... ............................... $120 / hour Sr. Project Analyst ............ ............................... $90 / hour Sr. Drafting Technician ..... ............................... $95 / hour Project Analyst .................. ............................... $75 /hour _ Clerical Staff ................... $60 / hour These hourly rates may be updated on an annual (calendar year) basis. C:\WINDOWS\TemporarylntemetFiles\OLK50FI\cxb—BZ.dm Page B -1 a Assessment District 69 City of Newport Beach Public Works Department 0 1.000 2.000 Feel 1 Inch .= 1,000 Feet NEWPORT SHORES 'A rJ E7 "llY 1777 L.L. U C c C TURMAIGI Ot 7v:7 s \ CITY PUBLIC OF NEWPORT BEACH WORKS DEPARTMENT c dye �8T c BOUNDARY OF PROPOSED SUB — DISTRICT PA \ O g g g \ \ r r 0 aag8 PROPOSED ASSESSMENT DISTRICT NO. 69 —A UNDERGRGUNDING LITIES IN A i n a SUMMIT STREET & 61ST STREET I. POWER POLES Q; POLES TO REMAIN IN PLACE OVERHEAD LINES TO BE REMOVED — — — — OVERHEAD LINES TO REMAIN IN PLACE CITY OF NEWPORT. BEACH PUBLIC WORKS DEPARTMENT BOUNDARY OF PROPOSED SUB— DISTRICT Wy V"AWY NEPTUNE AVE WEST COAST 5600 � SEASHORE DRIVE t r s r{ O O r 1 r rn e! CD y p O p O O �pplcooccup��i O O O O t~q r' 1 0 0 0 C' N r p O O OO I Orp ryl to 9 � � if ltOCl � 4) 4'1 Tum) f00 t00 4 f00 (D ttn F Il0'1 I�fJ t� t� F if If l! l[ � t� 4!') '�' N 1 �� WEST FRONT OCEAN PROPOSED ASSESSMENT DISTRICT NO. 69 -B UNDERGROUNDING UTILITIES IN SEASHORE DRIVE BETWEEN 61 STREET AND 54TH STREET 0 POWER POLES 0 POLES TO REMAIN IN PLACE OVERHEAD LINES TO BE REMOVED — — — — OVERHEAD LINES TO REMAIN IN PLACE O PROPOSED LOCATION OF STREET LIGHT �� EXISTING LOCATION OF STREET LIGHT CITY OF NEWPORT BEACH n PUBLIC WORKS DEPARTMENT BOUNDARY OF PROPOSED SUB — DISTRICT WEST COAST HIGHWAY 1100 SANDS IVE IPVrsn DR S DR V C V pp .} ppp p Y vm N a W a° X 700 AVENUE 4 o RIVER PROPOSED ASSESSMENT DISTRICT NO. 69 -C UNDERGROUNDING UTILITIES ALONG LIDO SANDS DRIVE 0 POWER POLES 0 POLES TO REMAIN IN PLACE OVERHEAD LINES TO BE REMOVED — — — — OVERHEAD LINES TO REMAIN IN PLACE ❑ PROPOSED LOCATION OF STREET LIGHT �rti EXISTING LOCATION OF STREET LIGHT I BOUNDARY OF PROPOSED SUB - DISTRICT WEST COAST HIGHWAY DRIVE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT pp W .Q p fN`1 N N N N Lf1 �- N 1D N N 1(Of 1n yTj .mod. 09 OOi ppj Pte] ^ r V 7 N O } V � O N OD O N p O g O p p lV Cv N � ,Q pQ r N N 7 �1(1 N INLI tN In N N ✓n N N 1p 07 y p � p m v O AENUE .. g 4700 RNER PROPOSED ASSESSMENT DISTRICT NO, 69 -C UNDERGROUNDING UTILITIES ALONG LIDO SANDS DRIVE 0 POWER POLES 0 POLES TO REMAIN IN PLACE OVERHEAD LINES TO BE REMOVED - - - OVERHEAD LINES TO REMAIN IN PLACE ❑ PROPOSED LOCATION OF STREET LIGHT �� EXISTING LOCATION OF STREET LIGHT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT p Fn �\y1�p� pp �T, p �Y N pWO� p R�1 ry t{�0yp O {{{Oyyy @ Npp aoD WVER AVENUE yzk 1 p N ��JjUE pq� �ryy G {yy m p ''3B �i3r ate` ze 5515 .O N L N b @ N@ O b N m Q 0 0$ 1 • PROPOSED ASSESSMENT DISTRICT NO 69 -D UNDERGROUNDING UTILTIES ALONG RIVER AVENUE 0 POWER POLES ❑ PROPOSED LOCATION OF STREET LIGHT �r EXISTING LOCATION OF STREET LIGHT CITY OF NEWPORT BEACH E PUBLIC WORKS DEPARTMENT a, BULB CUR rn rn rn m vv vvv m a ao ao co 0o w ao v v a. a � vvvvv v p �r8 rTT w N 0 �t O ID N OD �' O �O N O O O O O _ t0 V O F N O ti N Is _ _ O O N O O O� O� T [O 0�pp 0 a0 n O O O O N � O p OI O M M N NN N O O N Y V V a � O O O O u4 �2 2. O" f m tp0 _ Il Too I. n O O O O y Q O O O O M m OOi m� O! S G ip y h �l� ^ E i zo; i gg 'u3 ix N IN N iA N N 1[1 N N N�� V v$ � a Y? IZ V" a M a a a FRONT PROPOSED ASSESSMENT DISTRICT NO. 69 -E UNDERGROUNDING UTILITIES ALONG SEASHORE DRIVE BETWEEN 54TH STREET & 46TH STREET 0 POWER POLES ❑ PROPOSED LOCATION OF STREET LIGHT .rte EXISTING LOCATION OF STREET LIGHT CITY OF NEWPORT BEACH WORKS PUBLIC DEPARTMENT r 1 1 \, BALBOA ® ■_ ■- _ BLVD _ ■'_i __ —_ —_ 1�_ _�■ _i ■■ _■ a■ . ■.■ rim _....�� a� aim r ?!j � .. �j�71�r1l3 gym err,® ■+•,� a� ,;• "'"' -.� 112 �__ '� a. ,i •.. -__ `- ,— —. .® rear � +� ■•...;;, m•.. —� ...'— =""' —„ its VVI H RANT HYDRANT HYDRANT ... SEASHORE . BETWEEN 46TH STREET 34TH STREET POWER PO .......... OF EXISTING LOCATION . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN w 4 .0 w ui 112 W 113 — ' -tip r - 'S 109 W W K ~ y ; S 0_• F- w m 108 . - Oss 108 rn owf 107 051Y21pg N 112 2 118 y 106 107 1218 311 3309 I 121A , ' N 116 119 1 116 11 1 117 117A 1 112B 115 705 Z / — 751 5 I i Q I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN 10 4 .0 112 113 — ' -tip r - 'S 109 W 110A 111 ; S 1101/ 110 it 108 109 Oss 108 107 107 051Y21pg N 112 to NN y 106 107 311 3309 705 Z 04 C) 0 V N 05p CO <1'N M'1'NOm w't O 00 �P X0000 0 �_ r'�om00 NO y M Cpl CO MCN7MM CNM(NM M (")mMm CM fM inM foMM co CNM eNn CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN iR ui ca [�1 1 1 1 1 ' - - -- ----------------- � - -—A FRONT PROPOSED ASSESS MENT DISTRICT NO. 69 -G UNDERGROUNDING UTILITIES ALONG OCEAN FRONT ALLEY FROM 34TH STREET TO 23RD STREET 0 POWER POLES ❑ PROPOSED LOCATION OF STREET LIGHT EXISTING LOCATION OF STREET LIGHT pi's ; 113 1101/ 110 iR ui ca [�1 1 1 1 1 ' - - -- ----------------- � - -—A FRONT PROPOSED ASSESS MENT DISTRICT NO. 69 -G UNDERGROUNDING UTILITIES ALONG OCEAN FRONT ALLEY FROM 34TH STREET TO 23RD STREET 0 POWER POLES ❑ PROPOSED LOCATION OF STREET LIGHT EXISTING LOCATION OF STREET LIGHT WEST W ui U) H N ; 113 1101/ 110 111 108 Oss 108 107 N to NN V O N WEST W ui U) H N 4ry of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: NO. BA- 039 AMOUNT: 525,113.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer funds provide for a professional services agreement for engineering services in the undergrounding of utilities in West Newport, Assessment District No. 69. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Number Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Accoun EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description General Fund Balance Description Description 7401 Assessment Districts C5100212 Assessment District No. 69 Approval: Administrative Amount Debit Credit $25,113.00 " $25,113.00 nisrsativoervices Director Date City Manager ate T/ City Council Approval: City Clerk Date I 1ty of Newport Beach 9 BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 039 AMOUNT: $25,113.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: APR z 1, 2002 To transfer funds provide for a professional services agreement for engineering services in the undergrounding of utilities in West Newport, Assessment District No. 69. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Balance Description Signed: Approval: AdminlsTrativg Services Director Signed: —y4 ).WW o Signed: City City Council Approval: City Clerk Amount Debit Credit $25,113.00 $25,113.00 Date at 7v� Date Description Division Number 7401 Assessment Districts Account Number C5100212 Assessment District No. 69 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Approval: AdminlsTrativg Services Director Signed: —y4 ).WW o Signed: City City Council Approval: City Clerk Amount Debit Credit $25,113.00 $25,113.00 Date at 7v� Date