HomeMy WebLinkAboutItem 5.3 MAD 83-1 Hear Date ‘,„
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CITY OF DUBLIN
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 13, 1984
SUBJECT Public Hearing -
Street Lighting Maintenance Assessment District -
1984-85 levy of assessments
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EXHIBITS ATTACHED 1 ) Engineer ' s Report
2 ) Resolution approving Engineer ' s Report, confirming
diagram and assessment and ordering levy of
assessment
3 ) Assessment Diagram will be available at meeting
RECOMMENDATION 1 ) Open public hearing and make opening remarks
i°)( 2 ) City Engineer to make presentation including
Engineer 's Report
3 ) Read the written protests
4 ) Hear oral protests
5 ) Hear proponents
6 ) City Engineer requests that the Engineer ' s Report
and public testimony be made part of the record of
the public hearing
7 ) Close public hearing
8 ) Approve Resolution approving engineer ' s Report,
confirming diagram and assessment and ordering levy
of assessments .
FINANCIAL STATEMENT: $116 ,500 to be assessed to property ow^,irs for 1984-85
street light costs .
DESCRIPTION One year ago, the City Council formed a Citywide
Street Lighting Assessment District to replace the County' s Lighting Service
Area.
It was decided in 1983-84 that the City should levy a zero assessment due to
pending litigation in San Jose and to stay with the County Service Area for
an additional year .
The assessment now being considered will replace the County Service Area
charges. The County has been requested to levy a zero assessment in 1984-85
on behalf of Dublin in the County Service Area. This will keep open the
option of returning to the Service Area should the new Jarvis initiative
require the dissolution of the City of Dublin Street Lighting Maintenance
Assessment District.
The district diagram and method of determining assessments remains the same
as the previous year . The Council has preliminarily approved the Alternate
B cost estimate in which the City absorbs the 1983-84 costs for setting up
the District from the General Fund (approximately $22 ,000 ) .
The Street Light Assessment District Budget is $33 ,500 less than last year .
this is primarily due to a PG&E rate reduction. This reduction and the fact
that the Dublin formula is more beneficial to residential and small
commercial lots than the County' s formula, will reduce a single family rate
from approximately $24/year to about $16/year.
The County Assessor has now completed updating the tax rolls and this
Engineer ' s Report is based on this new 1984-85 tax roll.
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It has been recommended by the District Counsel and approved by the City
Council that the City pay the lighting costs out of the General Fund and put
the collected revenues in a trust fund pending the outcome of the Jarvis
initiative in November 1984 .
COPIES TO;
CITY OF. DUBLIN
CITY OF DUBLIN. STREET LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
(FISCAL YEAR 1984-85 )
E N G I N E E R' S R E P O R T
CONTENTS
I. Assessment, including Estimate of Costs
(Assessment roll under separate cover ) ,
2. Assessment Diagram
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A S S E S S M E N T
WHEREAS, On April 23 , 1984 , the City Council of the City of Dublin,
California, pursuant to the provisions of the Landscaping and Lighting Act
of 1972 , adopted its Resolution Directing Preparation of Annual Report for .
Maintenance Assessment District for the maintenance of improvements more
particularly therein described;
WHEREAS, said resolution directed the undersigned to prepare and file a
report pursuant to Section 22565 et seq. of said Act;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under
said Act and the order of the Council of said City, hereby make the
following assessment to cover the portion of the estimetd cost of the
maintenance of said improvements and the cost and expenses incidental
thereto to be paid by said district .
The amount to be paid for the maintenance of said improvements, and the
expenses incidental thereto, are as follows :
E S T I M A T E O F C O S T S
( 1 ) ( 2 ) ( 3 )
As As Prliminarily As Finally
Filed Approved Approved
Cost of Maintenance $ 100 , 000 $ $
Incidental Expenses 40 ,000*
TOTAL COST $ 140 , 000** $ $
Suplus or Deficit from
Previous Fiscal Year -0-
Estimated Contributions -0-
NET TO BE ASSESSED $ 140 ,000** $ $
FOR FISCAL YEAR
1984-1985
* $16 ,500 if City absorbs 1983-1984 costs
** $116 ,500 if City absorbs 1983-1984 costs
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As required by said Act, a 'diagram is hereto attached showing the
exterior boundaries of said landscaping maintenance assessment district: and
also the lines and dimensions of each lot or parcel of land within said
landscaping maintenance assessment district as the same existed at the .time of
the passage of said resolution, each of which lots- or parcels having been
given a separate number upon said diagram.
I do hereby assess the net amount to be assessed upon all ., .assessable
lots or parcels of land within said landscaping maintenance assessment
district by apportioning that amount among the several lots or parcels in -
proportion to the estimated benefits to be received by each such lot or parcel .
from the maintenance of said improvements, and more particularly set forth in
th'e list hereto attached and by reference made a part hereof.
Said assessment ' is made upon the several lots or parcels of land within
said landscaping maintenance assessment district in proportion to the
estimated benefits to be received by said lots or parcels, respectively, from
the . maintenance of said improvements. The diagram and assessment. -numbers
appearing herein are the diagram numbers appearing on said diagram, to which
reference is hereby made for a more particular description of said property.
Each lot or parcel of. land assessed is described in the assessment list
by reference to its parcel number as shown on the Assessor' s Maps of the
County of Alameda for the fiscal year 1984 —19 85 and includes all of such
parcel excepting those portions_ thereof within existing public roads or right
of way to be acquired in these proceedings for public road purposes. For a
particular description of said property, reference is hereby made to the,
deeds and maps on file and of, record in the office of the County Recorder of
said County. Because the names of the several owners are unknown to me, I
hereby place the word "Unknown" opposite the number of each lot or parcel of
land assessed, the amount assessed thereon and the number of the assessment.
Dated:' . July 19 . , 19 84
Ti Cii En. :.410(
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CITY OF DUBLIN STREET LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER' S COST ESTIMATE
FISCAL YEAR 1984-1985
.Alternative "A'`
MAINTENANCE
a) Electric Energy $100 ,000 . $100 ,000
INCIDENTALS
a) Engineer ' s Report and Proceedings (1983-84 ) $ 17 ,500
b) Engineer ' s Report and Proceedings (1984-85 ) $ 5 , 000
c) Notices ( 1983-84 ) $ 1 ,000
d) Legal fees (1983-84 ) $_ 3 , 000
e) Cost of Collection ( County) , $ 2 ,500
f) First Year Delinquencies $ 7 ,000
g) Contingencies $ 4 , 000 $ 40 , 0.00
TOTAL $140 , 000
4a
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CITY OF DUBLIN STREET LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER' S COST ESTIMATE
FISCAL YEAR 1984-85
ALTERNATIVE `B"
MAINTENANCE
- a) _Electric Energy $100 ,000 $100 ,000
INCIDENTALS (excluding 83-84 costs)
a) Engineer' s Report and Proceedings $ 5 ,000
b) Cost of Collection $ 2,000
c) First Year Delinquencies $ 6 ,000
d) Contingencies $ 3 ,500 $ 16 ,500
TOTAL $116 ,500
4b
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CITY OF DUBLIN STREET LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
. METHOD OF APPORTIONMENT OF ASSESSMENT
The assessments shall be spread using a method of . "factor rates"
assigned to different land uses.
The establishment of the apportionment of a factor rate of "1" will be
calculated by dividing the total assessment for the year by the sum of factor
rate numbers assigned wherein the factor rates are assigned as follows: .
Use Factor Rate (x. 1/2 if vacant)
0 Exempt (Gov't/Uti1 /etc. ) 0
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1 Single Family Residential & Condos 1
2 Small Multiples (2-4 units) 3
3 Commercial 5.5/ac -
4. Industrial. 5.5/ac
5 Rural 0.5 : .
6 Institutional . 5.5/ac
7 Apartments 6
8 Commercial 5.5/ac
9 Commercial 5.5/ac
The assessment of each parcel shall be established by multiplying .. the:
factor rate for that parcel times the apportionment for a factor rate of 1 .
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CITY OF DUBLIN STREET LIGHTING -
. MAINTENANCE ASSESSMENT DISTRICT
CERTIFICATIONS
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FISCAL YEAR 1934-1985
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I, the City Clerk of the City of Dublin, California, hereby certify that
the foregoing. Engineer's Report including Assessment, in the amounts set forth
in Column (1 ) , with the diagram thereto attached, was filed with me
on ::July 19 19 84 .
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I, the City Clerk of the City of Dublin, California, hereby certify that
the foregoing:.Assessment, with the diagram thereto attached, was preliminarily
approved and confirmed by the City Council of said City by its Resolution
No..72/-851, duly adopted by said Council on <T&Ly Z3 198'.
I, the City Clerk of the City of Dublin, California, hereby certify that
the foregoing Assessment, with the diagram thereto attached, was finally
approved and confirmed by the City Council of said City by its Resolution .
No. , duly adopted by said Council on. , 19=
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I, the City Clerk of the City of Dublin,. California, hereby certify that.
a certified copy of the assessment and diagram was filed in the office of the
County Auditor of the County of Alameda, California, on
19 .
NOTE: The foregoing Certification forms are applicable only ; 3+. _1
assessment proceedings involving no changes to. or recomputata::; .: : s . :e
Assessment proposed in the Engineer' s Report.
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RESOLUTION NO. - 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT
CITY OF DUBLIN STREET LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
RESOLVED, by the City Council fo the City of Dublin,
county of Alameda, California, that
. WHEREAS , by its Resolution No. 43-84, A resolution
Directing Preparation of Annual Report for Maintenance Assessment
District, City of Dublin Street Lighting Maintenance Assessment
District, ( the - "district" ) , this Council designated the City
t,. Engineer, as Engineer and ordered said engineer to make and file a
report in writing in . accordance with and pursuant to the
Landscaping and Lighting Act of 1972;
WHEREAS, said report was duly made and filed with the
City Clerk and duly considered by this Council and found to be
sufficient in every particular , whereupon it was determined that
said report should stand as Engineer ' s Report for all subsequent '
proceedings under and pursuant to the aforesaid resolution, and.
that August 13 , 1984 , at . the hour of 7 : 30 o ' clock p.m. , in the
regular meeting place of the Council, Dublin Library, 7606 Amador
Valley Boulevard., Dublin, California , P r a pc>:.rated as the t.mr:-
and place for a hearing by the Count:._., on cpietion of the . : :
of the proposed. assessment, notice .:i h.ch hearing was du 1 ,
regularly published; and •
WHEREAS, at the appointed time and place said hearing
was duly and regularly held, and all persons interested desiring
to be heard were given an opportunity to be heard, and all . matters
and things pertaining to said levy were fully heard and considered
by this Council , and all oral statements and all written protests
or communications were duly heard, considered and overruled, and
''this Council thereby acquired jurisdiction to order said levy and
the confirmation of the diagram and assessment prepared by and
made a part of the report of said engineer to pay the cost and
expenses therof;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City
Council does hereby approve that:
i . —the property owne-r-s–,owni-n-g.._mor than fifty percent
( 50% ) of the area of assessable land within the District had not,
at the conclusion of said hearing, filed written protests against .
the said proposed levy, as a whole or as to any part thereof, or
against the said District or the extent thereof to be assessed for
the costs and expenses of said levy as a whole, or as to any part
thereof, . or . against the engineer ' s estimate of costs and expenses,
in whole or in part, or against the maps and description, in whole
. or in part, or, against the diagram or the assessment to pay for
the costs and expenses thereof.. , in whole or in part .
2 . . The public interest, .rove!• ience and necessity
require that said ev :C.e
3 . The district benefited by said improvements and to
be assessed to pay the costs and expenses thereof, and the
exterior boundaries thereof, are as shown by a map thereof filed .
in the office of the City Clerk , which map is made a part hereof
by reference thereto.
4 . . Said Engineer ' s report as a whole and each part
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' thereof, . to wit:
(a) the Engineer ' s estimate of the itemized and
total costs and expenses of maintaining said improvements and of
the incidental expenses of maintaining said improvements and of
the incidental expenses in connection therewith;
(b) the diagram showing the assessment district ,
description of the improvements to be maintained and the
boundaries and dimensions of the respective lots and parcels of
land within said district; and
(c) the assessment of the total amount of the cost
and expenses of the proposed maintenance of said improvements upon
the several lots and parcels of land in said District in
proportion to the estimated benefits to be received by such lots •
and parcels, respectively, from said maintenance, and of t}:a
expense ; :cidental thereto;
Final adoption and approval of the Engineer ' s ;-roc.
a. 1.:< 1. :, and t of the plans and specifications, estim:.
ccr ::.:?. :,x•pen.ses , the diagram and the assessment, a.: c,e,
in sa 4 ; or:t : as hereinabove determined and ordered, :a. °
to J:., :. 11 refer and apply to said report, or
thereof . amended, modified, or revised or correct::- ' or
pursuant to and in accordane with, any resolution or order , if
any, heretofore duly adopted or made by this Counci .
6 . Said assessment to pay the cost and expenses of the
maintenance of said improvements is • hereby levied. For further
particulars pursuant to the provisions of said Landscaping and
Lighting Act of 1972 , reference is hereby made to said Resolution
Directing Preparation of Annual Report .
7 . Based on the oral and documentary evidence,
including said Engineer ' s Report, offered and received at said
hearing, this Council expressly finds and determines ( a) that each
of said several lots and parcels of land will be specially
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benefited by the maintenance of said improvements as least in the
amount, if . not more than the amount, of the assessment apportioned
against said lots and parcels of land, respectively, and (b) that
• there is substantial evidence to support, and the weight of said
evidence preponderates in • favor of, the aforesaid finding and
determination as to special benefits .
8 . Immediately upon the adoption of this resolution,
but in no event later than the third Monday in August following
such adoption, the City Clerk shall file a certified copy of the
- diagram and assessment an a certified copy of this resloution
with the Auditor of the + .qty of Alameda. Upon such filing, the
• County Auditor sh2. enter e.)n the County Assessment Roll opposite
each lots or parcc r Ian:_ the amount of assessment thereupon as.
shown in the asse 'xt ,. The assessments shall be collected at
the same time in ' Le same manner as County taxes are
collected, and ofli laws providing for the collection and
enforcement of County taxes shall apply to the collection and
enforcement of the assessments . After collection by the County of
Alameda the net amount of the assessments, after deduction of any
compensation due to County for collection, shall be paid to the
Finance Director of the City
9 . Upon receipt of moneys representing assessments
collected by the County, the Finance Director of this City of
Dublin shall deposit the moneys in the City Treasury to the credit
of an improvement fund, which improvement fund the Finance
Director of this city is hereby directed to establish under the
distinctive designation of said District . Monies in said
improvement fund shall be expended only for the maintenance of
said improvements .
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I hereby certify that the foregoing resolution was duly
and regularly adopted by the Council of the City of Dublin, at a
regular meeting thereof held on the 13th day of August, 1984 by
the following vote, to wit :
PASSED, APPROVED AND ADOPTED this 13th day of August,1984 .
AYES;
NOES :
ABSENT:
M yor
ATTEST:
City Clerk