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HomeMy WebLinkAbout13-145 - Resolutions RESOLUTION NO. 13-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN ASSESSMENT DISTRICT NO. 93-1 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has heretofore undertaken proceedings pursuant to the"Municipal Improvement Act of 1913"being Division 12 of the Streets and Highways Code of the State of California, and has confirmed assessments upon land within various special assessment districts (hereinafter collectively referred to as the "Assessment Districts"); and WHEREAS, said proceedings provided for and the City did subsequently issue bonds pursuant to the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, said bonds representing unpaid assessments within the Assessment Districts; and WHEREAS, the City does incur necessary administrative expenses in the collection of the annual installments of the assessment within the Assessment Districts; and WHEREAS, Government Code Section 8682 does authorize the City to establish an assessment surcharge to allow the City to recover its expenses of collection of said assessments; and WHEREAS, the City desires to establish such an assessment surcharge as authorized by said Government Code Section 8682. NOW THEREFORE,the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: Treasurer is hereby directed to add to the annual installment of assessments within the Assessment Districts a maximum of five percent (5%) of the amount of the installments and of the interest thereon, not to exceed the Treasurer's estimate of the expenses of collection. Said expenses of collection shall include the necessary administrative expenses of the City incurred in providing the County Auditor with current information regarding the ownership or division of the affected lots or parcels of land within the Assessment Districts to ensure the proper entry by the County Auditor in his or her assessment roll and the timely collection of the Assessment installments. SECTION 3: The above assessment surcharge, when collected, shall belong to the City and shall cover the expenses and compensation of the Treasurer incurred in the collection of the assessments, and of the interest and penalties added on to the assessments. Please see the following page for formal adoption, certification and signatures Resolution No. 13-145 Page I of 7 PASSED, APPROVED, AND ADOPTED this 7"day of August 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None L. D n' i el, Mayor ATTEST: Ja ice C. Reynolds, Cit Jerk ►,JANICE C.REYNOLDS,CITY CLERK of the City of Rancho Cucamonga,California, do hereby certify that the foregoing Resolution was duly passed,approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 7i'day of August 2013. Executed this 8°i day of August 2013, at Rancho Cucamonga, California. J ice C. Reynolds, Cit Jerk Resolution No. 13-145 Page 2 of 7 CITY OF RANCHO CUCAMONGA ASSESSMENT DISTRICT NO. 93-01 MASIPLAZA ANNUAL STATUS REPORT JULY 2013 Resolution No. 13-145 Page 3 of 7 BACKGROUND On August 4, 1997, $2,990,000 in bonds were issued by the City of Rancho Cucamonga, California (the"City") pursuant to the Improvement Bond Act of 1915 Division 10 of the California Streets and Highways Code (the 'Bond Law"), a Resolution authorizing issuance of the Bonds adopted by the City Council on June 18, 1997 (the "Bond Resolution") and a Bond Indenture, dated as of June 1, 1997 (the "Indenture"), by and between the City and the Fiscal Agent. All of the proceedings of the City to form the District, to levy the assessments and to acquire the improvements described and being financed with the proceeds of the bonds had been undertaken pursuant to the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code (the 'Improvement Act'), and Resolution of Intention No. 97-104 adopted by the City Council on February 19, 1997. Proceeds of the bonds were used to acquire certain streets,curbs, gutters,sidewalks,street lighting, traffic signal,water, sewer, storm drainage, public amenities and certain public utility improvements, constructed within the District and necessary for the existing and proposed development within the District. The Method of Assessment for the District was determined by the Assessment Engineer. The acquisition costs and proportionate share of the incidental costs for bid items were spread on a net assessable acreage basis to those areas or subareas of the District that specifically benefited from the works of improvements to be acquired. The Assessment Engineer determined that the special benefits received from the above cited works of improvements were in direct proportion to the number of assessable net acres of the record lots. The assessments were spread over all parcels within the boundary based upon its proportion of the total assessable acreage within the District. Net assessable acreage for all lots within the District was taken directly from the "per lot' net acreage shown on the recorded parcel without offset for easements. The District, comprising approximately 23.64 acres, is situated along the south side of Foothill Boulevard and the west side of Rochester Avenue and consists of twenty-five developed lots subject to assessment (the "Assessment Parcels"). The following is a list of businesses located within the District: Resolution No. 13-145 Page 4 of 7 Building Lot Apn Tenants 1 1 22901211 Valvoline Instant Oil Change 2 2 22901212 Shell Service Station and Subway Sandwiches 3 3 22901213 Jack in the Box Taco Hut, Popeye's Chicken, Boba and Water, 1 4 4 22901214 Empty Suite, and Manila Sunset Grille 5A 5 22901215 Cucamonga Brewing Company, Jam It Music 5B 5 22901215 Abi Sabi Teppan Steak House & Sushi Bar 6 6 22901216 Denny's Restaurant 7 7 22901217 Empty Suite, #1 Pho Noodle & Grill, Stadium Dental Orthodontics', Barber Shop and Empty Suite 8 8 22901218 Goodyear Tires 9 9 22901219 Quality Auto Care, Empty Suite 10 10 22901220 Lim's Honda, Acura and Mazda 11 11 & 27 22901230 24 Hour Fitness Legends Nails, and Nutrition 4 Less, 2 Empty Suites, 12A 12 22901221 and Sunshine Foot Massage 12B 12 22901221 Designer Suits Outlet, 2 Empty Suites, and eCosway 13 13 22901222 Vista Paint, Roger Dunn Golf Shop, 2 Empty Suites, and Nini O Nine Sports Bar Engrave'N Embrodier, Rancho Computer's, Empty 14 14 22901223 Suite, Vapour Lounge SummitRidge Church, Farmers Insurance and three 15A 15 22901224 Empty Suites 15B 15 22901224 Five Empty Suites 16A 16 22901231 Five Empty Suites 16B 16 22901231 Two Empty Suites, 3 Suites for Haven Interactive, State Farm, Chabot Wealth Management 16C 16 22901232 Parking Lot 18A 20 22901266 Six Empty Suites 18B 21 22901264 Pacific Century Investments, and Four Empty Suites Mountain View Oral Surgery, True Beauty Aesthetic 19A 18 & 19 22901267 and one Empty Suite 19B 17 & 18 22901268 Five Empty Suites Matrix Institute of Addiction Suites 102 A & B and one 20 22 22901269 Empty Suite 24 24 22901261 Expert Auto Service, Smog Stop and 2 empty suites 25 25 22901235 Eurotech Imports, Allstar Auto Center and Empty Suite 26 26 22901236 Empty Suite 27 11 & 27 22901230 24 Hour Fitness Bonds for the District are scheduled to be paid off in September of 2022. Resolution No. 13-145 Page 5 of 7 ASSESSMENT DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE $235,000.00 CITY AND TRUSTEE ADMINISTRATION, $ 4,760.00 GENERAL OVERHEAD & LIABILITY CONTRACT SERVICES $ 1.500.00 $241,260.00 SOURCES: INTEREST REVENUE $ 4,100.00 SPECIAL TAX $245,810.00 $249,910.00 Resolution No. 13-145 Page 6 of 7 Assessment District 93-1 C6 0 Q C 0 E L E cu W U 2 Q 2 2 1 ........................................................ I m.........7.............. _.._t.._..�1 1 Y Q 1 j 1 1 I 1 2 ! U Hillside Rd Wilson Av � 10 w Banyan St i 19th St Z ;r Base Line Rd r•.,ly /BaseRd •�° i i r nuc 'j i U Foothill BI i` ■ ; Foothill BI J Arrow Rt i i Arrow Rt i i i stn St ............:7..\ ; Legend !.._.._. a a . � o 7 !! [ Q •• City Limits 'o a6th Std j N 0 � � j w K AD93-1 4th St' _.._.._.._.._..i4th St C "0 0 > C (a ,..maar'."" "as.. •� m"'°.pw.'m"�± e:.^w'M°"••�' E o Y in E _ 3 2 x o w 2' Miles 0.50.25 0 0.5 1 1.5