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HomeMy WebLinkAbout2010-93 - Determining Unpaid Assessments for AD 100RESOLUTION NO. 2010- 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DETERMINING REMAINING UNPAID ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 100 (13TH STBALBOA BLVD /ADAMS ST /OCEAN FRONT) The City Council of the City of Newport Beach determines, orders and resolves as follows: SECTION 1. RECITALS. a. This City Council (this "Council ") of the City of Newport Beach (the "City ") has previously provided for (a) the formation of its Assessment District No. 100 (13th St/Balboa Blvd/Adams St /Ocean Front) (the "Assessment District "), under and pursuant to the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code) (the "1913 Act "), and (b) the issuance of limited obligation improvement bonds (the "Bonds ") pursuant to the provisions of the Improvement Bond Act of 1915 (Division 10 of the Streets and Highways Code; hereafter the "1915 Act "); and b. On June 8, 2010, this Council adopted its resolution approving the Final Engineer's Report, dated May 26, 2010, as identified in said resolution (the "Final Engineer's Report"), among other things approving and ordering implementation of the undergrounding of the existing overhead utility facilities (the "Undergrounding Project ") located within the public rights -of -way and easements and within or adjacent to the Assessment District, and levying the assessments on the parcels determined to be specially benefited by the Undergrounding Project, in the amounts set forth in the Final Engineer's Report; and C. Thereafter, on June 9, 2010, the Notice of Assessment and the assessment diagram for the Assessment District were recorded in the official records of the Orange County Recorder, and the individual assessments thereby became a lien upon the respective individual parcels upon which they had been levied; and d. On June 11, 2010, a notice of assessment was mailed to the owner or owners of each parcel assessed, advising that all or any portion of each such assessment could be paid in cash, without interest and at a discount of seven percent (7 %) (representing avoided financing costs respecting bond discount and bond reserve fund), with a deadline of July 12, 2010, for receipt of such cash payments at the office of the Administrative Services Director of the City (the "Administrative Services Director "); and e. Based upon the completion of these steps, this Council is advised by the Administrative Services Director that the City will be able to post an installment on account of unpaid assessments on the 2010 -2011 property tax roll of the County of Orange, providing for payment of the debt service on the Bonds on March 2 and September 2, 2011; and f. Following the close of the cash payment period on July 12, 2010 the Administrative Services Director prepared and submitted to the City Clerk of the City (the "City Clerk ") a Certificate Respecting Paid and Unpaid Assessments, a copy of which certificate is attached to this resolution as Exhibit A and by this reference incorporated herein, certifying that the amount of unpaid assessments, as revised to reflect the cash payments received from property owners wishing to prepay their respective assessments, in whole or in part, without interest, and rounded to the nearest dollar, is $2,670,006; and g. By this resolution, this Council wishes to establish said amount of unpaid assessments, rounded down to the nearest $100, as the principal amount of limited obligation improvement bonds to be authorized and issued in these proceedings upon the security of said unpaid assessments. SECTION 2. RECITALS TRUE AND CORRECT The foregoing recitals are true and correct, and this Council so finds and determines. SECTION 3. DETERMINATION OF AMOUNT OF UNPAID ASSESSMENTS. This Council hereby finds and determines that, as set forth in the attached certificate, and there being no information to the contrary, the amount of assessments remaining unpaid in the Assessment District, when rounded to the nearest dollar, is the amount set forth in said certificate, namely $2,670,006, and by separate resolution, this Council will authorize the issuance of the Bonds in said principal amount, rounded down to the nearest $100. SECTION 4. RECORDATION OF ADDENDUM TO NOTICE OF ASSESSMENT. The City Clerk is authorized and directed to cause the preparation and recording of an appropriate addendum to the Notice of Assessment which was recorded on June 9, 2010, to reflect (a) the discharge of lien respecting those parcels for which the assessment has been fully prepaid and discharged and (b) the reduced amount of the assessment for those parcels for which the assessment has been partially prepaid. SECTION 5. TRANSMITTAL TO COUNTY AUDITOR. The Clerk is hereby directed to transmit a certified copy of this resolution to the Orange County Auditor, and the Orange County Auditor is requested to proceed in accordance with Section 8682 of the California Streets and Highways Code in the collection of installments of principal, interest and administrative costs respecting these unpaid assessments on the secured property tax assessment roll of the County of Orange, commencing with the 2010 -2011 tax roll. SECTION 6. EFFECTIVE DATE OF RESOLUTION. This resolution shall take effect immediately upon its adoption. 1469509.2 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on 27"' day of July, 2010. Mayor ATTEST: nn ��'' 0mwr--� City Clerk 1469509.2 3 EXHIBIT A CERTIFICATE RE PAID AND UNPAID ASSESSMENTS CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 100 (13TH ST /BALBOA BLVD /ADAMS ST /OCEAN FRONT) I HEREBY CERTIFY that the Final Engineer's Report for Assessment District No. 100 (13`h St /Balboa Blvd/Adams St /Ocean Front) (the "Assessment District "), together with the attached list of Unpaid Assessments, correctly reflect the following: (1) The total amount of assessments levied on parcels within the Assessment District on June 8, 2010, and thereafter recorded in the official records of the Orange County Recorder on June 9, 2010, is $4,345,000. (2) The total amount of cash payments received by the City from property owners on account of assessments levied in the Assessment District, prior to expiration of the cash payment period on July 12, 2010, has resulted in a total reduction in the amount of unpaid assessments of $1,674,994 (when rounded to the nearest dollar). (3) After deducting the amount set forth in paragraph 2 above on account of cash payments received during the cash payment period, the amount of assessments remaining unpaid in the Assessment District is $2,670,006. Executed at Newport Beach, California, on July 19, 2010. Tracy McCraner Administrative Services Director City of Newport Beach Attach — List of Unpaid Assessments WIN= 1469509.2 4 City of Newport Beach Assessment District 100 List of Unpaid Assessments Assessment No. APN Owner Amount of Unpaid Assessment 3 939 -71 -012 PEARSON DARWIN K $8,860.83 4 047 - 241 -02 CENOZ MARILUE K $17,721.68 5 047 - 241 -03 MC ANINCH JEFF & JENIFER $17,721.68 6 047 - 241 -04 O'NEAL HAROLD L $17,721.68 7 047 - 241 -05 BLANCHARD OMAR LLOYD $17,721.68 8 939 -71 -021 MILLS CRAIG A & KAREN C $8.860.83 9 939 -71 -022 CARRINGTON HIRAM D III $8,860.83 11 047 - 241 -08 BRUDER FRANK J $17,721.68 12 047 - 241 -09 BRUDER FRANK J $17.721.68 13 047 - 241 -10 14 047 - 241 -11 15 047 - 241 -12 16 939 -71 -017 18 047 - 241 -24 LOVELL BARBARA $20,490.68 20 047 - 241 -21 MILLER JOHN W $20,490.68 21 047 - 241 -20 RYAN MICHAEL J $20,490.68 22 047- 241 -19 CEFALIA CATHY LYNN & JAMES J $20,490.68 24 047 - 241 -17 SALTMAN MICHAEL A $20,490.68 26 047 - 241 -15 OBERMAN DENYS H $20,490.68 27 047 - 241 -14 LEAR MARY L $41,535.18 28 047 - 251 -01 MCKENZIE TERENCE JAMES $17,721.68 29 047 - 251 -02 LEVENTHAL THEODORE MARK $17,721.68 30 047 - 251 -03 VYN JOHN & CAROLYN $17,721.68 32 047 - 251 -05 SISCO GEORGE WILLIAM $17,721.68 33 047 - 251 -06 DE ROBERTIS MARY MORO & MICHELE A $17,721.68 36 047- 251 -08 CANCELLIERI JACK A $34,889.54 37 047 - 251 -09 DARLING COLLEEN E $17,721.68 38 047 - 251 -10 HSIEH TEANGTING JOHN $17,721.68 39 047 - 251 -11 ZIERES CHARLES R JR & JEANETTE L $17,721.68 40 047 - 251 -12 MOYER NORMAN EDWARD $17,721.68 41 047 - 251 -23 QUARRE CONSTANCE C $20,490.68 43 047- 251 -21 BLEVINS CAROLYN R $20,490.68 45 047 - 251 -19 RIDDLE RICHARD ALLEN $20,490.68 46 047 - 251 -18 CHERYL TROSKY $20,490.68 47 047 - 251 -17 SELLIER VICTOR F $20,490.68 48 047 - 251 -16 HANLEY MARY E $20,490.68 49 047 - 251 -15 AVAKIAN JACK $20,490.68 54 047 - 252 -03 CARLSON CLARENCE A $17,721.68 55 047 - 252 -04 STILES CHARLES JAMES $17,721.68 56 047 - 252 -05 ALLEN MATTHEW $17,721.68 57 047 - 252 -06 CROSBY DONALD $17,721.68 58 047 - 252 -07 ENSMINGER DAVID $17,721.68 59 047 - 252 -08 ENSMINGER DAVID $34,889.54 60 047 - 252 -09 SCOUT VENTURES LLC $17,721.68 61 047 - 252 -10 SUDBECK RODNEY $17,721.68 62 047 - 252 -11 ROSTEN DAVID $17,721.68 Amount of Assessment Unpaid No. APN Owner Assessment 63 047 - 252 -12 TRAVIS WILLIAM H $17,721.68 64 047 - 252 -13 BACA JUDY J $3,505.57 66 047 - 252 -24 WILHELM ROBERT U $22,705.89 67 047 - 252 -23 CORKETT THOMAS C $22,705.89 68 047 - 252 -22 LYNCH JAMES B $22,705.89 70 047 - 252 -20 SALAM ABDUL $22,705.89 71 047 - 252 -19 GAUGHAN JOHN $22,705.89 72 047 - 252 -18 TAVAGLIONE JACQUELINE $17,355.89 73 047 - 252 -17 BORDIER ERNEST P JR $22,705.89 74 047 - 252 -16 HENN MICHAEL F $22,705.89 76 047- 281 -01 SHAFER PATRICIA A $17,721.68 77 047 - 281 -02 WOODWORTH FRED L $26,582.51 78 047 - 281 -03 WINTER JANET P $26,582.51 81 047 - 281 -06 LUFF WILLIAM E JR $17,721.68 83 047- 281 -25 GOLDBRUNNER PETER R $17,721.68 84 047 - 281 -08 MOHAWK PROPERTIES $17,721.68 85 047 - 281 -09 QUILLEN CHARLES A $17,721.68 86 047 - 281 -10 VINES THERON JR & GENEIL $17,721.68 87 047 - 281 -11 BUTLER MARILYN K $17,721.68 88 047 - 281 -12 KLOSE JOAN L $17,721.68 89 047 - 281 -23 SCHULER BECKY $22,705.89 90 047 - 281 -22 FRIEDMAN JERALD $22,705.89 91 047 - 281 -21 POPE WILLIAM & LINDA $22,705.89 93 047 - 281 -19 REGAN SARA C $22,705.89 94 047 - 281 -18 LAINER MARK $22,705.89 95 047 - 281 -17 POWELL CYNTHIA S $21,598.28 96 047 - 281 -16 SILVERMAN WILLIAM M $21,044.49 97 047 - 281 -15 HEYDORFF JOHN F $20,490.68 98 047 - 281 -14 BARMAR $19,383.08 99 047 - 281 -13 MC MILLAN JACK W $18,275.48 itlll �@ZIgyWrld41�9aQ1111 4=M 'VNI:Y:Raa• 105 047- 282 -05 LEONARD NANCY $17,167.88 106 047 - 282 -06 DAVIDSON JAMES $16,614.07 107 047 - 282 -07 DAVIDSON J F $16,060.27 109 047 - 282 -09 WISEMAN JACQUELINE CASALA $14,398.86 116 047 - 282 -27 DAUCHER DONALD A $11,629.85 117 047 - 282 -21 MILSLAGLE TOM & SUSAN 511.629.85 127 048 - 023 -01 MC VICKER MICHAEL C $6,274.58 131 048 - 023 -23 GREGUREK SONJA A $12,183.65 132 048 - 023 -22 SHAVER WILLIAM F $12,183.65 133 048 - 023 -21 ROBINSON SCOTT C & MARY P $12.183.65 Assessment No. APN Owner Amount of Unpaid Assessment 134 048 - 023 -20 STARK MICHAEL RICHARD $11,629.85 136 048 - 023 -18 MC ANINCH JEFFREY & JENIFER $11,629.85 138 048 - 023 -16 STONE JEFFREY C $11,629.85 141 048- 023 -07 LOWRY PHILIP M $11,629.85 143 048 - 023 -09 SCANLON MICHAEL J $17.721.68 147 048 - 023 -13 BARNETT VIRGINIA DEE $9,968.44 148 048 - 023 -11 STONE JEFFREY C & KRISTA Y $9,968.44 149 048- 023 -12 THOMAS EVAN B $14,952.66 156 048 - 024 -24 HSIA YUAN -SEN $11,629.85 157 048 - 024 -17 MOSES BRADLEY W $11,629.85 158 048- 024 -16 O'NEILL LAURENCE G $11,629.85 160 048 - 024 -26 B & C PROPERTY HOLDING LLC $11.629.85 EA REX 169 048 - 024 -13 KNIGHT PAULA H $11,629.85 172 048 -024 -11 POLITISKI NOREEN S $13,291.26 174 048 - 073 -02 REID CHARLES K $11,629.85 181 048 - 073 -18 MONACHINO MICHAEL $11,629.85 183 048- 073 -16 HARRIS MCCLELLAN III & KATHRYN AMSTATER $11,629.85 186 048 - 073 -13 SCHWARY PATRICIA L $14,398.86 188 048- 073 -28 DEAN TIMOTHY J $11,629.85 189 048 - 073 -27 FARRELL RICHARD C $11,629.85 195 048 - 073 -12 RICHARDSON KIMM A $13,845.06 196 048 - 074 -01 REMLEY CHARLES A JR $11,629.85 197 048 - 074 -02 WALSH KEVIN M $11,629.85 198 048 - 074 -03 HOOK MARGARET ANN $11,629.85 200 048- 074 -05 GOETHALS C M $11,629.85 $13,291.26 ZU "I 0421- U /4 -Z3 UUUNLK WILLIAM L $5,851.85 202 048 - 074 -22 SORBORG ENTERPRISES $11,629.85 203 048- 074 -21 NEAL JEFFERY B & ERIN M $11,629.85 204 048 - 074 -20 BEACH DAVID F $11,629.85 208 048- 074 -16 CARLSON KENNETH E $11,629.85 209 048 - 074 -15 SHIELD STEVEN C $11,629.85 210 048 - 074 -14 MORRISON TED E $17,167.88 211 048 - 074 -06 GAGNE ELBRIDGE J & BERNA M $11,629.85 214 048 - 074 -27 CLOSE RICHARD & SALLY $11,629.85 215 048- 074 -09 GWINUP WILLIAM DUMONT GRANT $11,629.85 216 048 - 074 -10 NELSON JOEL L $11,629.85 221 048 - 081 -21 WINDSOR - TOWNE $23,813.50 224 048 - 081 -27 BOWERS BUNNY C $13,291.26 226 048 - 081 -16 MCLAUGHLIN THOMAS G $13,291.26 227 048 - 081 -19 MC LAUGHLIN THOMAS G $13,291.26 228 048 - 081 -18 KALATSCHAN JIM KARAPET $13,291.26 229 048 - 081 -06 COY JOAN D $13,291.26 IU bHtILA I 10 SHEILA I ESONJAMES IY EDMUND P Assessment No. APN Owner Amount of Unpaid Assessment 239 048 - 081 -23 HAMILTON JAMES T & MARGARET SHANNON $13,291.26 241 048- 082 -01 HANADA BOBBY & LINDA $13,291.26 246 048- 082 -11 HALUCK CATHERINE K $13,291.26 247 048 - 082 -10 SULLIVAN NEILL J $13,291.26 248 048 - 082 -09 SHORELINE PROPERTIES INC $13,291.26 249 048 - 082 -08 ROBLES JOSEFINA L $13,291.26 251 048- 082 -06 MALCOLM ROBERT PARTON $13.291.26 ALLEN 263 048- 121 -21 XENOS JANE J 264 048 - 121 -19 GUCCIARDO J, 265 048 - 121 -18 LUCAS MARK P 267 048- 121 -15 DWYER RICHA JAMES T II STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2010 -93 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 27th day of July, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of July, 2010. City Clerk Newport Beach, California (Seal)