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HomeMy WebLinkAbout08-02-1983 Adopted CC MinutesADJOURNED REGULAR MEETING ~.AUGUST.2,.1983 An adjourned regular meeting of the City Council of the City of Dublin was held on Tuesday, August 2, 1983 in the multipurpose room of Frederiksen Intermediate School. The meeting was called to order at 7:38 p.m. by Mayor Peter Snyder. ROLL -CALL PRESENT' Councilmembers Burton, Hegarty, Jeffery and Mayor Snyder. Councilmember Moffatt was absent. PLEDGE.OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. PUBLIC HEARING STREET LIGHT-MAiNTENANCE ASSESSMENT DISTRICT The Mayor declared the public hearing open. The City Manager gave a brief presentation on the history of street lighting in Dublin and the status of the litigation which was pending and could impact the formation of an assessment district for street lighting. He indicated that it was Staff's recommendation that the City Council adopt a resolution approving the Engineer's Report, confirming the diagram and assessment and ordering improvements and formation of maintenance assessment district for street lighting. The City Engineer reviewed his report, the assessment diagram and assessment roll. He explained that a zero assessment is recommended for Fiscal Year 1983-84, and the method of assessment that would be used by the City if a levy were to be made by the City. Larry Jensen of Jones Hall Hill & White, legal counsel for the district indicated he would be available to answer any questions that might come up. Cm. Burton asked if the assessment was based on land area. The City Engineer replied in the affirmative. Cm. Jeffery asked if the $'125,000 was the entire cost which would be incurred for street lighting. The City Engineer indicated that the $125,000 had been projected by PG&E and City Staff. This amount is used to develop the assessments. If the amount is too low, the City would have to bear the difference. If it was too high, the assessments for the following year would be favorably impacted. CM-2-131 Adjourned Regular Meeting August 2, 1983 Mayor Snyder invited questions from the audience regarding the assessment district. Mr. Cart, 8646 Davona Drive, asked if the $125,000 cost represented the current assessment, and if the assessment was equally assessed among all residents, even though they were not all receiving the same benefit. The City Manager indicated the present assessment was the 1982-83 assessment, was less than $125,000 and that all residents were equally assessed. Mr. Cart asked what was the current assessment. The City Engineer indicated it was presently $16.75 and would be increased to $23.72. Mayor Snyder requested Mr. Jensen to provide an overview of the pending San Jose litigation. Mr. Cart asked for clarification regarding the status of the County Service Area and the reason that the City was being cut off. Mayor Snyder and Cm. Hegarty explained the past actions of the County and the Local Agency Formation Commission. Mr. Carr asked if the district Would be used for any other purpose. The City Manager indicated it would not. Mr. Bill Davidson, 8622 Davona Drive, asked why it was an assessment rather than a tax, because an assessment would not be deductible on the income tax statement. Martin Locust, 11781Betlen Drive, asked if there were any areas in Dublin that had substandard lighting. The City Engineer described those areas which had deficient street lighting. Frank Armstrong, 8626 Wicklow Lane, asked about the financing of the District as it related to the assessment for 1982-83 as compared to 1983-84. He indicated that he did not see any areas that needed street lighting, and thought more residents should be notified regarding the assessment district. He indicated that the assessment district was only a means of circumventing Proposition 13. He stated that the City should use its surplus to fund street lighting rather than an assessment. Ted Impson, 8646 Beverly Lane, asked if there is any legal reason that the City could not pick up the cost for street lighting. The City Manager indicated that there were no written protests. Mayor Snyder invited any persons wishing to make an oral protest of the assessment district to speak. Mr. Carr was concerned that adequate notice had not been given to the community. Dixie Braggen, 7361Brookdale felt that the notice on the telephone pole was confusing. CM-2-132 Adjourned Regular Meeting August 2, 1983 Rick Munlane, 7194 Elk Court, stated that the City should incur the costs for street lighting from the City budget. Bill Davidson, 8622 Davona Drive, stated that it should be set up as a tax if at all. He indicated he was against the assessment district. Ted Impson indicated that the City should spend its funds on street lighting instead of major street improvements. The Mayor requested proponents of the assessment district to speak. Martin Locust indicated he was not protesting the district, but was in favor of the district because it gave citizens local control on an annual basis. It provides a year-by-year review of the district. Mr. Carr indicated he does not want to see taxes go up any more. Mr. Carr indicated if it was just for lighting, he was in favor of the district. Mr. Davidson spoke in opposition to the district. Mr. Impson asked if the City was considering imposing a utility tax. The Mayor indicated the City has never considered imposing a utility tax. Mr. Harkness, 8680 Valencia, indicated he was in favor of increased lighting and increased savings and supported the district. The Mayor closed the public hearing. Cm. Burton indicated that the City Council was preserving its local options in the future by forming this assessment district. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by 4-0 vote, the Council approved: RESOLUTION NO. 38-83 APPROVING ENGINEER's REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS AND FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT Mayor Snyder explained the next steps involved in the district formation. The Council directed Staff to notify the County of the City Council's action and requested the County to permit the City to remain in the County Service Area for one more year. CM-2-133 Adjourned Regular Meeting August 2, 1983 OTHER.BUSINESS Press Coverage.on-City-Crime.Rate Cm. Burton requested that the City clarify two differing articles on the City's crime rate. Cm. Jeffery suggested that it be placed on a future City Council agenda. Housing Conference Report Cm. Hegarty gave a brief report on his attendance at a recent Housing Conference. ADJOURNMENT There being no further business to come before the Council, at 9'17 p.m. the meeting was adjourned. ATTEST' CM-2-13 4 Adjourned Regular Meeting August 2, 1983