HomeMy WebLinkAboutOrd 11-08 Dub Rch East Side Storm Drain Dist
ORDINANCE NO. 11 - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********
AMENDING ORDINANCE NO. 06-07
WHICH MADE FINDINGS, ADOPTED A LOCAL DRAINAGE PLAN, AND CREATED THE
DUBLIN RANCH EAST SIDE STORM DRAIN BENEFIT DISTRICT, A LOCAL BENEFIT
DISTRICT TO LEVY AND COLLECT CHARGES, AS A CONDITION OF DEVELOPMENT,
TO REIMBURSE DEVELOPERS WHO CONSTRUCT AND INSTALL DRAINAGE
FACILITIES THAT BENEFIT PROPERTIES OTHER THAN THEIR OWN
RECITALS
A. On April 17, 2007, the City Council adopted Ordinance No. 06-07, which made findings,
adopted a local drainage plan, and created the Dublin Ranch East Side Storm Drain District, a local
benefit district to levy and collect charges, as a condition of development, to reimburse developers that
construct and install drainage facilities that benefit properties other than their own properties.
B. Under the authority of the Subdivision Map Act, and in particular Government Code
sections 66485 through 66489, the City required the developer of Dublin Ranch to oversize certain storm
drain facilities ("the Improvements") to provide adequate capacity for other properties within the relevant
drainage shed; the Improvements were completed on or before January 1,2005.
C. By so doing, the City obligated itself to establish a mechanism to reimburse the developer
for the portion of the capacity in excess of that required for the Dublin Ranch project, plus an amount
attributable to interest.
D. Ordinance No. 06-07 established such a mechanism, and it requires the owners and
developers of property within the area benefited by the Improvements to pay the City a specified benefit
charge to allow the City to reimburse the developer of the Dublin Ranch property for the costs of
constructing the oversized improvements.
E. Ordinance No. 06-07, in accordance with the Map Act provisions, also includes an annual
adjustment to the benefit charges to account for interest following the adoption of the ordinance; however,
the benefit charges set forth in Ordinance No. 06-07 did not account for interest between the time of
completion of the Improvements and the date of adoption of Ordinance No. 06-07.
F. The purpose of this amendment to Ordinance No. 06-07 is to provide a mechanism to
adjust the benefit charges to account for interest in the period between the completion of the
Improvements (January 1,2005) and the adoption of Ordinance No. 06-07.
G. The City Council hereby finds that the development of property in the Benefit District
identified in the Engineer's Report would require construction of the Improvements, and the charges
imposed on properties by Ordinance No. 06-07, as amended by this ordinance, are fairly apportioned
within the area on the basis ofthe benefits conferred and costs incurred.
Ord No. 11-08, Adopted 3/04/08, Item 4.14
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THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: AMENDMENT TO SECTION 5 OF ORDINANCE NO. 06-07. Section 5 of
Ordinance No. 06-07 is amended to read as follows:
"SECTION 5: OBLIGATIONS IMPOSED. Upon the approval of a Land Use Entitlement
for any Benefited Property in the District, the owner, developer, or other person with an interest in
such property shall be required, as a condition of approving the Land Use Entitlement, to pay the
applicable benefit charges for the property, as set forth in Figure 6 of the Engineer's Report as
thereafter adjusted for interest in the manner set forth below. Payment for a Benefited Property
within the Benefit Area shall be required at the time the City approves any final or parcel map on
that property or at the time the City issues a building permit on that property, whichever is earlier.
To account for interest during the period between the completion of the Improvements and the
adoption of this Ordinance, the charges listed in Figure 6 of the Engineer's Report shall be
increased by amounts that would have been applied, using the interest adjustment procedure
described below, if the charges had been adjusted for interest each July 1 st following the
January 1, 2005, completion date of the Improvements. These amounts are as follows: 1.87% for
the July 1, 2005, adjustment; 3.42% for the July 1, 2006, adjustment; and 4.94% for the July 1,
2007, adjustment. Following the first such increase, each increase shall be applied to the
previously adjusted benefit charge. Beginning with the interest adjustment to be effective July 1,
2008, the interest-adjusted benefit charges shall be increased automatically at the beginning of
each fiscal year by the rate of return that the City earns from its Local Agency Investment Fund
("LAIF"). The annual increases will be calculated as follows:
a) On or about each July 1st, the City Finance Department will prepare a schedule setting
forth the revised Benefit Charges for the particular Fiscal Year. Notwithstanding the foregoing, if
the schedule has not been prepared for a particular fiscal year, the applicable fee shall nonetheless
be based on the adjusted amount.
b) The adjusted Benefit Charges shall be determined by multiplying the Benefit Charge from
the previous fiscal year by the average return earned by the State of California Local Agency
Investment Fund (LAIF), calculated using the average of four (4) quarters ending the previous
March 31 st. (LAIF Quarterly rates are typically not available until one month following the end of
the quarter.)
c) Example. The following example of the interest adjustment calculation is for illustrative
purposes only:
1. Determination ofInterest Adjustment Rate July 1, 2007.
AIF QUARTER ENDING
une 30, 2006
Se tember 30, 2006
ecember 31, 2006
arch 30, 2007
VERAGE 4 QUARTERS
LAIF QUARTERLY RATES
.53%
.93%
5.11 %
5.17 %
.94 %
Ord No. 11-08, Adopted 3/04/08, Item 4.14
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2. Amounts owed as described in section 5 would be increased July 1,2007, by 4.94%
provided they were paid prior to June 30, 2008. Unpaid amounts would be adjusted again
each July 1 st in the same manner."
SECTION 10: EFFECTIVE DATE AND POSTING. This Ordinance shall take effect and be in
force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall
cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance
with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 4th day of March, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
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LJi .yor
ATTEST:
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Deputy City Clerk
Ord No. 11-08, Adopted 3/04/08, Item 4.14
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