Loading...
HomeMy WebLinkAbout00 - Non-Agenda Item - HandoutP� V)H / aA4K Or N NON-U-NIA INKS PRESENTATION TO THE CITY COUNCIL ON MARCH 28, 2023 I am referring to AD-124, the proposed under -grounding project on Balboa Island. At the March 14 City Council meeting, I made a request to the City Council to postpone the final date for making Pay Off amounts, along with cogent reasons for that request. I have heard second hand reports that the City has summarily denied that request, but no official response nor the rationale for the denial has been received by me. On an additional note, I am attaching herewith a letter dated March 10, 2023 addressed to the City's Director of Finance, requesting answers to some very serious questions relating to Payoff Amounts and Total Assessments. I requested the Financial Director's response, a week before the March 31 deadline. To date, I have not received a response — verbal or written. Why? There is no other way to put it but that the property owners of AD-124 are being held at ransom by their own elected Council Members. In my personal case, I was told that if a payment of $34,118.82 (my Pay Off Amount) is not made by March 31, 1 would have to make a payment of $37,287.91(my Total Assessment) if I chose to make the lump sum payment after the currently scheduled meeting on April 22 — a penalty of $3,169.09, or a little over 9% for about one month of delay. So let me appeal to you one more time, let me appeal to your sense of decency and fair play, to play by the rules and not the expediency of ramming a project thru with devious schemes. Please extend the Pay Off date till after the City's scheduled me Thank you. Jamshed Dast 330 Coral Avenue Newport Beach, CA 92662 ihdastur@aol.com March 10, 2023 City of Newport Beach Director of Finance, C/O Revenue Division 100 Civic Center Drive Newport Beach, CA 92660 I have received via U S Postal Service a Notice of Assessment from your office pertaining to Assessment District No. 124 (AD-124). The Notice states that March 31, 2023 is the last opportunity to pay the Assessment in full. If not paid by this date, your letter threatens that a lien will be placed on my property for a higher aggregate amount that will automatically become an annual assessment on my property tax bill, amortized over a period of twenty (20) years, at an interest rate to be determined at the time of Bond sale, presumably later this year. You state that if the bond sale were to occur in today's market, the average annual interest rate is not expected to exceed five percent (5%). What you neglect to state is that it is more than likely to exceed 5%, several months from now. To facilitate a decision on whether I pay in full, or over time, I request that you provide me the following assurances, in writing, at least one week before the March 31, 2023 deadline. 1. Pursuant to the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highway Code) the City of Newport Beach affirms that the Pay Off Amount of $34,118.82 pertaining to Assessment No. 527 is the MAXIMUM amount I will be required to pay to the City. If for any reason whatsoever, additional funds are needed to complete all work under AD — 124, the City of Newport Beach will provide these funds. 2. Pursuant to the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highway Code) the City of Newport Beach affirms that under no circumstance will I be required to pay an interest rate greater than five percent (5%) on the Total Assessment of $37,287.91 pertaining to Assessment No. 527, if I elect to make payments over a period of 20 years. If you are unwilling to provide the above assurances, please explain why. I am compelled to seek guidance from the City on these points because the City's February 2023 Project Sheet states: Though City Staff at this time believe the project can be delivered with the funding the property owners approved on July 27, 2021, there is a possibility additional funds may be needed. This could require a re -vote of this district. City Staff will not know the amount needed until Phase 2 bid numbers are in hand. My Assessment No. 527 is listed for construction under Phase 2 (which in fact is the last of 3 phases) presumably a couple of years from now. Accordingly, it is premature to demand payment in full or place a lien on my property by March 31, 2023 unless the City is willing to give property owners the assurances listed above. If the City is unable or unwilling to give these assurances, the entire AD-124 project should be subject to a re -vote, NOW, before any contracts are signed and funds are spent, thereby favoring the two earlier phases, on North Bay Front and South Bay Front. Sincerely J H Dastur 330 Coral Avenue Newport Beach, SA 92662 949-887-1938 jhdastur@aol.com