HomeMy WebLinkAboutItem 6.1 AreaOfBenefitOrd (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 10, 1994
SUBJECT:
Area of Benefit Ordinance
(Prepared by: City Attorney Elizabeth H. Silver
1. / Draft Ordinance.
2. / Government Code Section 66484
3. ~astern Dublin Specific Plan Section 11.3.2
(Page 165)
EXHIBITS ATTACHED:
RECOMMENDATION:
1 .
2.
3.
4.
Open Public Hearing
Receive Staff Report and public comment
Close public hearing and deliberate
Waive reading and INTRODUCE Area of Benefit
Ordinance.
FINANCIAL
STATEMENT: ,/The cost of preparing the Area of Benefit
/\7 ~/ Ordinance can be recovered from property owners
. ~^~ applying for approval of development in Eastern
Dublin.
DESCRIPTION: The Eastern Dublin Specific Plan was adopted in 1993.
The Plan includes financing goals including a goal that new development in
the Specific Plan area should pay the full cost of infrastructure needed to
serve the area. The Plan calls for the adoption of an "Area of Benefit"
Ordinance as one means to carry out the financing goals and policies of the
Specific Plan.
An "Area of Benefit" Ordinance is an implementing or enabling ordinance
authorized by Government Code Section 66484 which is part of the State
Subdivision Map Act. Section 66484 authorizes an "area of benefit" as a
means of spreading the cost of constructing major thoroughfares and bridges
among the properties benefited from them.
Once an implementing ordinance is adopted, the authority is in place to
establish an actual "area of benefit" and an area of benefit fee. The
draft ordinance specifies the procedure for establishing an area of benefit
and the fee. Property owners may protest the formation of an area of
benefit and, if one-half the property owners protest, the proceedings must
be abandoned [see Sec. 9. 1 6. 1 20 (H)].
Once an area of benefit fee is adopted by resolution, the draft ordinance
requires payment of the fee prior to filing a final map or, if no final map
is required, prior to issuance of a building permit [see Sec. 9.16.120
(C)).
An area of benefit fee can be used in conjunction with other financing
devices. For example, the City can form an assessment district at the same
time it establishes an area of benefit fee to enable property owners who do
not wish to pay the fees in full at final map stage to finance the fees
over time.
Adoption of the draft "Area of Benefit" Ordinance is consistent with and
will implement the Specific Plan. The adoption of the draft ordinance is
not subject to CEQA.
Staff recommends that the City Council conduct a public hearing,
deliberate, waive the reading and introduce the Area of Benefit Ordinance.
a: 1010area.agenda#15
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ITEM
NO. -6.1
COPIES TO:
CIfi6ICI~ I
FILE. 0.10
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CITY 01' DUBLIN
ordinance No. -94
AN ORDINANCE ADDING SECTION 9.16.120
TO CHAPTER 9.16 01' THE DUBLIN
MUNICIPAL CODE RELATING TO
SUBDIVISIONS TO AREAS 01' BENEP'IT
The City Council of the City of Dublin does ordain as follows:
Section 1 Section 9.16.120 is added to Chapter 9.16 of the
Dublin Municipal Code to read as follows:
Sec. 9.16.120
Bridges and Major Thorouqhfares.
A. Puroose. The purpose of this section is to make
provisions for assessing and collecting fees as a condition of
approval of a final map or as a condition of issuing a building
permit for the purpose of defraying the actual or estimated cost
of constructing bridges or major thoroughfares pursuant to Section
66484 of the Subdivision Map Act, and in order to implement the
Circulation and Scenic Highways Element of the General Plan and,
in the case of bridges, the transportation provisions thereof, and
to implement adopted specific plans including the Eastern Dublin
Specific Plan.
B. Definitions. For the purposes of this section,
the following words and phrases shall have the following meanings:
(1) "Construction" shall mean design, acquisition
of right-Of-way, administration of construction contracts, actual
construction and inspections.
(2) "Major thoroughfare" shall mean a roadway as
shown in the Circulation and Scenic Highway Element of the General
Plan whose primary purpose is to carry through traffic and provide
a network connecting to the state highway system.
C. Payment of Fees Generallv.
(1) Prior to filing a final map which includes land
within an area of benefit established pursuant to this Subsection
C, the subdivider shall payor cause to be paid any fees
established and apportioned to such property pursuant to this
section and any resolution adopted pursuant to this section for the
purpose of defraying the actual or estimated cost of constructing
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bridges over waterways, railways, freeways or canyons and/or
constructing major thoroughfares.
(2) Prior to the issuance of a building permit for
construction on any property within an area of benefit established
pursuant to this section, the applicant for such permit shall pay
or cause to be paid any fees established and apportioned pursuant
to this section for the purpose of defraying the actual or
estimated cost of constructing bridges over waterways, railways,
freeways or canyons or constructing major thoroughfares, unless
such fees have been paid pursuant to subsection (C) (1) of this
section.
(3) Notwithstanding the provisions of subsections
(C) (1) and (C) (2) of this section:
(a) Payment of bridge fees shall not be
required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility
serving the area at the time of adoption of the boundaries of the
area of benefit.
(b) Payment of major thoroughfare fees shall
not be required unless the major thoroughfares are in addition to,
or a reconstruction of, any existing major thoroughfares serving
the area at the time of the adoption of the area of benefit.
D. Consideration in Lieu of Fees. Upon application by
the subdivider or applicant for a building permit, the City Council
may accept consideration in lieu of the payment of fees required
pursuant to this section; provided that the City Council first
finds, upon recommendation of the Public Works Director, that the
substitute consideration has a value equal to or greater than the
fee; and provided further that the substitute consideration is in
a form acceptable to the City Council.
E. Public Hearinq. Prior to establishing an area of
benefit, a public hearing shall be held by the City Council at
which time the boundaries of the area of benefit, the costs,
whether actual or estimated, and a fair method of allocation of
costs to the area of benefit and fee apportionment, and the fee to
be collected, shall be established. Notice of the public hearing
shall be given pursuant to Government Code Section 65091 and shall
include preliminary information related to the boundaries of the
area of benefit, estimated cost and the method of fee
apportionment. The area of benefit may include land or
improvements in addition to the land or improvements which are the
subject of any map or building permit application considered at
the public hearing.
F. Amount. The amount of the fees and the areas of
benefit established pursuant to this section may be established by
resolution.
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G. ExemDtions. Notwi thstanding the provisions of
subsection (F), the Council may provide an exemption from payment
of such fees in the resolution establishing the area of benefit
and amount of fees.
H. Protest.
(1) At any time not later than the hour set for
hearing objections to the proposed bridge facility and/or major
thoroughfare, any owner of property to be benefi ted by the
improvement may file a protest against the proposed bridge facility
or maj or thoroughfare or against the extent of the area to be
benefited by the improvements or against both of them. Such
protests must be in writing and must contain a description of the
property in which each signer thereof is interested, sufficient to
identify such property, and, if the signers are not shown on the
last equalized assessment roll as the owners of such property, must
contain or be accompanied by written evidence that such signers are
the owners of such property. All such protests shall be delivered
to the City Clerk no later than 5:00 p.m. on the day of the public
hearing and no other protest or objections shall be considered.
Any protests may be withdrawn, in writing, by the owners making
such protests, at any time prior to the conclusion of the public
hearing.
(2) If there is a written protest filed with the
City Clerk by the owners of more than one-half (\) of the area of
the property to be benefited by the improvement, and sufficient
protests are not withdrawn so as to reduce the area represented to
less than one-half (\) of that to be benefited, then the proposed
proceedings shall be abandoned and the City Council shall not, for
one (1) year from the filing of that written protest, commence or
carry on any proceedings for the same improvement, or that portion
thereof so protested against, under the provisions of this section.
I. Funds. Fees paid pursuant to this section shall be
deposited into the City's Capital Projects Fund. A separate
account wi thin such Fund shall be established for each bridge
facility project or each major thoroughfare project. Money in such
accounts shall be expended solely for the construction or
reimbursement for construction of the improvement serving the area
to be benefited and from which the fees comprising the account were
collected, or to reimburse the local agency. for the cost of
constructing the improvement.
Section 2. Effective Date and postinq of Ordinance
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
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with section 36933 of the Government Code of the state of
California.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this day of , 1994, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
U4\ORD\subdvn.ord
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~ 66483
GOVERNMENT COD
~ 66483. Cost of drainage and sewer facilities: conditions
Law Review Commentaries
The legality of California development fees. 13 Pepper- Validity of local taxation powers,within a state regulli
dine L.Rev. 759 (1986). ed field: Pines v. City of Santa Monica. (1982) 9 Peppe
dine L.Rev. 734.
Ordinances 2
Notes of Decisions
police powers regulating the division ofJand: however, tl:
requirements of the statute need not be followed whe:
enacting a drainage fee ordinance under some other polic
powers authority or taxation powers. 66 Ops.Atty.Ger
120, ~1-83. .
2. Ordinances
A city must comply with the requirements of this
section when enacting a drainage fee ordinance under its
~ 66483.1. Detennination of amount of surplus, disposition
Notes of Decisions
1. In general
In calculating the maximum possible drainage fee under
the provisions of ~ 66483, the total acreage in the drain-
age area is to be the basis of the calculation. 66 Ops.Atty
Gen. 120, ~1-83.
~ 66483.2. Refund of surplus
Notes of Decisions
1. In general age area is to be the basis of the calculation. 66 Ops.Atty.
In calculating the maximum possible drainage fee under Gen. 120, ~1-83.
the provisions of ~ 66483, the total acreage in the drain-
~ 66484. Cost of bridges or major thoroughfares; conditions
(a) A local ordinance may require the payment of a fee as a condition of approval of a final map or as a
condition of issuing a building permit for purposes of defraying the actual or estimated cost of
constructing bridges over waterways, railways, freeways, and canyons, or constructing major thorough-
fares. The ordinance may require payment of fees pursuant to this section if all of the following
requirements are satisfied: .
(1) The ordinance refers to the circulation element of the general plan and, in the case of bridges, to
the transportation or flood control provisions thereof which identify railways, freeways, streams, or
canyons for which bridge crossings are required on the general plan or local roads and iJ.1 the case of
major thoroughfares, to the provisions of the circulation element which identify those major thorough-
fares whose primary purpose is to carry through traffic and provide a network connecting to the state
highway system, if the circulation element, transportation or flood control provisions have been adopted
by the local agency 30 days prior to the filing of a map or application for a building pennit.
(2) The ordinance provides that there will be a public hearing held by the governing body for each area
benefited. Notice shall be given pursuant to Section 65091 and shall include preliminary infonnation
related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment.
The area of benefit may include land or improvements iD. addition to the land or improvements which are
the subject of any map or building pennit application considered at the proceedings.
(3) The ordinance provides that at the public hearing, the boundaries of the area of benefit, the costs,
whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee
apportionment are established. The method of fee apportionment, in the case of major thoroughfares,
shall not provide for higher fees on land which abuts the proposed improvement except where the
abutting property is provided direct usable access to the major thoroughfare. A description of the
boundaries of the area of benefit, the costB, whether actual or estimated, and the method of fee
apportionment established at the hearing shall be incorporated in a resolution of the governing body, a
certified copy of which shall be recorded by the governing body conducting the hearing with the recorder
of the county in which the area of benefit is located. The apportioned fees shall be applicable to all
property within the area of benefit and shall be payable as a condition of approval of a final map or as a
condition of issuing a building pennit for the property or portions of the property. Where the area of
benefit includes lands not subject to the payment of fees pursuant to this section, the governing agency
f Additions or changes Indicated by underline: deletions by asterisks . . .
148
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GOVERNMENT CODE
~ 66484
shall make provision for payment of the share of improvement costs apportioned to those lands from
other sources.
(4) The ordinance provides that payment of fees shall not be required unless the major thoroughfares
are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of
the adopti~n of the boundaries of the area of benefit.
(5) The ordinance provides that payment of fees shall not be required unless the planned bridge facility
is an original bridge serving the area or an addition to any existing bridge facility serving the area at the
time of the adoption of the boundaries of the area of benefit. The fees shall not be expended to
reimburse the cost of existing bridge facility construction.
(6) The ordinance provides that if, within the time when protests may be filed under the provisions of
the ordinance, there is a written protest, filed with the clerk of the legislative body, by the owners of
more than one-half of the area of the properly to be benefited by the improvement, and sufficient
protests are not withdrawn so as to reduce the area represented to less than one-half of that to be .
benefited, then the proposed proceedings shall be abandoned, and the legislative body shall not, for one
year from the filing of that written protest, commence or carry on any proceedings for the same
improvement or acquisition under the provisions of this section.
(b) Any protest may be withdrawn by the owner protesting, in writing, at any time prior to the
conclusion of a public hearing held pursuant to the ordinance.
(c) If any majority protest is directed against only a portion of the improvement then all further
proceedings under the provisions of this section to construct that portion of the improvement so protested
against shall be barred for a period of one year, but the legislative body may commence new proceedings
not including any part of the improvement or acquisition so protested against. Nothing in this section
prohibits a legislative body, within that one-year period, from commencing and carrying on new
proceedings for the construction of a portion of the improvement so protested against if it finds, by the .
affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the
property to be benefited are in favor of going forward with that portion of the improvement or
acquisition.
(d) Nothing in this section precludes the processing and recordation of maps in accordance with other
provisions of this division if the proceedings are abandoned.
(e) Fees paid pursuant to an ordinance adopted pursuant to this section shall be deposited in a planned
bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility
project or each planned major thoroughfare project. If the benefit area is one in which more than one
bridge is required to be constructed, a fund may be so established covering all of the bridge projects in .
the benefit area. Money in the fund shall be expended solely for the construction or reimbursement for
construction of the improvement serving the area to be benefited and from which the fees comprising the
fund were collected, or to reimburse the local agency for the cost of constructing the improvement.
(f) An ordinance adopted pursuant to this section may provide for the acceptance of considerations in
lieu of the payment of fees.
(g) A local agency imposing fees pursuant to this section may advance money from its. general fund or
road fund to pay the cost of constructing the improvements and may reimburse the general fund or road
fund for any advances from planned bridge facility or major thoroughfares funds established to finance .
the construction of those improvements. .
(h) A local agency imposing fees pursuant to this section may incur an interest-bearing indebtedness
for the construction of bridge facilities or major thoroughfares. However, the sole security for
repayment of that indebtedness shall be moneys in planned bridge facility or major thoroughfares funds.
(i) The term "construction" as used in this section includes design, acquisition of right-of-way,
administration of construction contracts, and actual construction.
(j) The term "construction," as used in this section, with respect to the unincorporated area of San
Diego County only, includes design. acquisition of rights-of-way, and actual construction, including, but
not limited to, all direct and indirect environmental, enltineering, accounting, le!;3l, administration of
construction contracts, and other services necessary therefor. The term "construction," with respect to
the unincorporated area of San Diego County only, also includes reasonable administrative expenses, not
exceeding three hundred thousand dollars ($300,000) in any calendar year after January 1, 1986, as
adjusted annually for any increase or decrease in the Consumer Price Index of the Bureau of Labor
Statistics of the United States Department of Labor for all Urban Consumers, San Diego, California.
(1967 - 100), as published by the United States Department of Commerce for the purpose of construct-
ing bridges and major thoroughfares. "Administrative expenses" means those office, personnel, and
other customary and nonnal expenses associated with the direct management and administration of the
agency, but not including costs of construction. f
Additions or changes indicated by underline; deletions by asterisks .. · ..
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~ 66484
GOVERNMENT CODE
(k) Nothing in this section .precludes a county or city from providing funds for the construction of
bridge facilities or major thoroughfares to defray costs not allocated to the area of benefit.
(Amended by Stats.1984, c. 1009, S 35; Stats.1988, c. 1408, S 9.)
Historical and Statutory Notes
"The Legislature finds and dedares that unique circum-
stances exist in the unincorporated area of San Diego
County which require a different definition of 'construc-
tion' in Section 66484 of the Government Code amended
by Section 9 of this act and that a ~ statute cannot
be made applicable within the meaning of Section 16 of
Article IV of the California Constitution."
1984 Legislation
Legislative intent relating to Stats.I984, c. 1009, see
Dote under Educ.C. s 39002.
1988 Legislation
Section 13 of Stats.l988, c. 1408, provides:
~ 66484.3. Orange County; fees as condition for defrayment of costs of bridge and thoroughfare
construction; ordinances
(a) Notwithstanding Section 53077.5, the Board of Supervisors of the County of Orange and the city
council or councils of any city or cities in that county may, by ordinance, require the payment of a fee as a
condition of approval of a final map or as a condition of issuing a building permit for purposes of
defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and
canyons, or constructing major thoroughfares.
(b) The local ordinance may require payment of fees pursuant to this section if:
(1) The ordinance refers to the circulation element of the general plan and, in the case of bridges, to
the transportation provisions or flood control provisions of the general plan which identify railways,
freeways, streams, or canyons for which bridge crossings are required on the general plan or local roads,
and in the case of major thoroughfares, to the provisions of the circulation element which identify those
major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting
.to or which is part of the state highway system, and the circulation element, transportation provisions, or
flood control provisions have been adopted by the local agency 30 days prior to the filing of a map or
application for a building pennit. Bridges which are part of a major thoroughfare need not be separately
identified in the transportation or flood control provisions of the general plan.
(2) The ordinance provides that there will be a public hearing held by the governing body for each area
benefited. Notice shall be given pursuant to Section 65905. In addition to the requirements of Section
65905, the notice shall contain preliminary infonnation related to the boundaries of the area of benefit,
estimated cost, and the method of fee apportionment. The area of benefit may include land or
improvements in addition to the land or improvements which are the subject of any map or building
permit application considered at the proceedings.
(3) The ordinance provides that at the public hearing, the boundaries of the area of benefit, the costs,
whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee
apportionment are established. The method of fee apportionment, in the case of major thoroughfares,
shall not provide for higher fees on land which abuts the proposed improvement except where the
abutting property is provided direct usable access to the major thoroughfare. A description of the
boundaries of the ar!!a of benefit, the costs, whether actual or estimated, and the method of fee
apportionment established at the hearing shall be incorporated in a resolution of the governing body, a
certified copy of which shall be recorded by the governing body conducting the hearing with the recorder
of the County of Orange. The resolution may subsequently be modified in any respect by the governing
body. Modifications shall be adopted in the same manner as the original resolution, except that the
resolution of a city or county which has entered into a joint exercise of powers agreement pursuant to
subdivision (f), relating to constructing bridges over waterways, railways, freeways, and canyons or
constructinp; major thoroughfares by the joint powers agency, may be modified by the joint powers
agency following public notice and a public hearing, if the joint powers agency has complied with all
applicable laws, includinp; Chapter 5 (commencing with Section 66000) of Division 1. Any modification
shall be subject to the protest procedures prescribed by paragraph (6). The resolution may provide for
automatic periodic adjustment of fees based upon the California Construction Cost Index prepared and
published by the Department of Transportation, without further action of the governing body, including,
but not limited to, public notice or hearing. The apportioned fees shall be applicable to all property
within the area of benefit and shall be payable as a condition of approval of a final map or as a condition
of issuing a building pennit for any of the property or portions of the property. Where the area of
benefit includes lands not subject to the payment of fees pursuant to this section, the governing body
shall make provision for payment of the share of improvement costs apportioned to those lands from
other sources, but those sources need not be identified at the time of the adoption of the resolution.
Additions or changes Indicated by underline; deletions by asterisks * * *
150
GOVERNMENT CODE
(4) The ordinance provides that payment:
are in addition to, or a reconstruction or Wl.O
at the time of the adoption of the boundane
(-5) The ordinance provides that payment 0
is an original bridge serving the an;a or an a
tim of the adoption of the boundanes of the
not \e expended to reimburse the cost ~f ,
incurred in connection with the ~onstruction
required. . .,
(6) The ordinance provides that if, Wlthir
there is a written protest, filed with the cler:
of the area of the property to be benefited b
so as to reduce the area represented to Ie.
dings shall be abandoned, and the Ie
procee
written protest, commence or carry on any
this section, unless the protests are overrulE
Nothing in this section shall precl~de the
visions of this division if proceedmgs ar,
pro Any protests may be withdrawn in writin~
conclusion of a public hearing held pursuar:
If any majority protest is directe.d ag:
eedm' gs under the provisions of this sec.
proc 'df.
a ainst shall be barred for a pen~ 0.0
c~mmencing new proceedings not mcludin
ainst. Nothing in this section shall pre
ag . and "",....,,;ng on new proceed:
commencmg ~. J -. affi t
rotested against if it finds, by the 1I"II1a
~an one-half of the area ~f .~e property to
the improvement or acqUlSltion.
If the provisions of this paragra~h (6),;
ordinance adopted pursuant to this. sect,
provisions of this section or of ~e ordinane
the invalid provision. and to this end the p-
thereto are severable.
(c) Fees paid pursuant to an ordinance ~
bridge facility or major tho~ughfare funo
. ct or each planned maJor thoroughfa:
proJe . . d'
bridge or major thoroughfare IS requu:e :
the bridge or major tho:oughfare proJect:
subdivision (g), moneys ill the fund s!tall ;
nstruction of the improvement servmg t.
~d 'fere conected, or to reimburse the
(d) An ordinance adopted pursuant to t
lieu of the payment of fees.
(e) The county or a city imposing fees
fund or road fund to pay the co~t of con~~
or road fund from planned bndge facili
construction of the improvements.
(f) The county or a city ~posing ft
indebtedness for the construction of br:
repayment of the indebte~ness shall be :.
A citv or county imposmg fees .Pur:' .
ments with other local agencIes lID)
:, jointly exercising ~ a duly authe
those through a joint exerCIse of powers
.th Section 31100) of Division 17 of th,
:dge facilities and major thoroughfare~
ing Section 31200 of the Streets and
eminent domain. any franchise, rights, p~
personal, necessary therefor on segmen~
Additions or changes indlc
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11.3.2 AREA OF BENEFIT ORDINANCE
The City shall adopt an Area of Benefit Ordinance and form an
Area of Benefit for those properties benefiting from construction
of public improvements described in the Specific Plan. Area of
Benefit fees may be enacted by the City of Dublin through
adoption of an ordinance, without voter approval. The fee must
be directly related to the benefit received. It does not create a lien
against property, but must be paid in full as a condition of
approval. Benefiting properties may be given the option to
finance the fees by entering into an assessment district (1913-
1911 Act) or Mello-Roos CFD.
11.3.3 ANALYSIS OF FINANCING
TECHNIQUES
Further analysis of various public financing techniques is
required to identify and develop the most flexible and lowest cost
financing program for necessaIY public infrastruCOlre and
facilities in the project area. Each technique or combination of
techniques should be evaluated for its suitability of funding .
public infrastructure and facilities costs and its capacity to insure
both adequate and timely provision of infrastruCOlre and
facilities, and lowest possible burden to new residents. In
addition, the financing program developed should be consistent
with finanCing policies set out in the Specific Plan. Public
financing mechanisms that the City should consider as part of
this analysis may include:
· Special Assessment District or Me1lo-Roos CFD. The City
shall analyze the use of a Mello-Roos CFD, Special
Assessment District, or a combination of these and other
financing mechanisms to finance construction of the
required public improvements (outlined in Tables 10-1
and 10-4 in Chapter 10) to serve the Area of Benefit Some
of the special taxes or special assessments may be due
upon application for building permits, and the remainder
may be financed with the appropriate bond mechanisms.
· LandscaJ}ing and Li~ting District The City shall analyze
the use of a district to fund certain ongoing costs such as
maintenance of street lights and landscaping.
· Geologic Hazards Abatement District (GHAD). The City
shall analyze use of a GHAD to periodically inspect and
maintain unstable slopes in the eastern Dublin area. A
GHAD would provide for the assessment of a special fee on
property owners in the area to pay for inspections and
IMPI.fu\1ENTATION
maintenance as well as create a
to make any necessaIy repairs.
e fund from which
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11.3.4 MARKS-ROOS BOND POOLING
The City should have impartial bond counsel evaluate 'whether
the City would save money and refrain from incurring undue
risk by pooling bonds issued for western and eastern Dublin, or
for eastern Dublin alone, under the Marks-Roos Bond Pooling
Act.
11.3.5 CIlYWIDE BUTIDER IMPACT FEE
SYSTEM
Citywide infrastructure needs should be analyzed to assess the
usefulness of implementing an impact fee program, in compli~
ance with AB 1600, that could draw some funding from new
development when building permits are issued. The fees could
pay for infrastructure of citywide importance, such as a commu-
nity park or freeway interchange.
11.3.6 RESPONSffiILITIES FOR OTHER
IMPLEMENTING ACTIONS
Table 11-3
RESPONSffiIllTIES FOR OTHER 1W>LEMENTING
ACTIONS
Other Implementing Actions
DevelopmentAgreemenlS
· Master De'lelopment Agreement
· Individual Development AgreemenlS
Area of Benefit Ordinance
Responsibili ':f
for Document
Preparation
AdQption By
Ci':f
Developers
Developers
not applicable
Ci':f
Ci':f
Special Assessment District or
Mello-Raos em Developers
Landsc3ping and Lighting District Developers
Geologic Hazards Abatement District Developers
Marks-Roos Bond Pooling Ci':f
Citywide Builder Impact Fee System Ci':f
SOURCE: Wallace Robe~ & Todd. March 1992
City
City
City
Ci':f
Ci':f
rr:I!~~IDRT 3
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165