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HomeMy WebLinkAboutItem 8.2 Proposed Dublin Ranch Assess Dist (2) CITY CLERK File # D~[G;][Q]-[ZJ[Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 4, 1999 SUBJECT: Initial Legal Proceedings: Proposed Dublin Ranch Assessment District (Report Prepared by: Sam Sperry, Bond Counsel and Eddie Peabody, Jr. Community Development Director ATTACHMENT: 1. Petition for Special Assessment Proceedings 2. Certificate Respecting Sufficiency of Petitions 3. Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings tT! - ~q 4. Resolution approving Boundary Map ~~ "14 5. Resolution ofIntention aC( j)l~ RECOMMENDATION: ryv{< As recommended by the City's Bond Counsel, Sam Sperry, adopt Resolution accepting the petition for Special Assessment proceedings; accept the Certificate respecting Sufficiency of Petitions and adopt Resolutions, accepting the petition, the boundary map and Resolution of Intention. . FINANCIAL STATEMENT: None at this time DESCRIPTION: At its meeting on April 20, 1999, the City Council directed staff to proceed with the initial steps for formation of an assessment district for the Lin property and retain the services of bond counsel to assist staff. Bond Counsel has prepared the three resolutions, which are the recommended actions to initiate the legal process for formation of the proposed assessment district, and the City Clerk has received the map of the pr<>posed boundaries. Assuming Council adoption of the three resolutions as recommended, the boundary map will be recorded in the County Recorder's records. The next step will be for the Director of Public Works to prepare and file the required engineer's report, containing the matters required by law. When the report is ready for filing, it will be scheduled for preliminary approval by Council resolution, which will establish the time, date and place of the required public hearing. In the meantime, Bond Counsel will be drafting and circulating among the working group a draft agreement between the City and the Lins respecting procedures and conditions for issuance of bonds and . --------------------------------------------------------------------------------------------------------------------- COPIES: Sam Sperry In-house distribution ITEM NO. 6.2 g:agenda/S-4 sperry expenditure of bond proceeds to acquire completed public improvements to be constructed under contracts the Lins will enter into with the respective contractors, together with requirements for the Lin'S to provide information for the Official Statement respecting their development plan and related financing plan. RECOMMENDATION: . Staff recommends that the City Council adopt and accept the resolutions and certificate as the starting legal actions to form the Dublin Ranch Assessment District. At a later date, staff will return with other actions to secure an underwriter and other professional assistance to help the City in the formation of the District. . . -J..- , .. "e' . . ! ~ /:L CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 (DUBLIN RANCH) PETITION FOR SPECIAL ASSESSl\IENT PROCEEDINGS TO THE CITY COUNCIL OF THE CITY OF DUBLIN: 1. The undersigned is an authorized representative of the owner of the property shown on Exhibit A attached hereto. 2. This petition is submitted to you pursuant to Sections 2804 of the California Streets and Highways Code to request that you initiate and conduct special assessment proceedings pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, Streets and Highways Code) for the purpose of financing various public improvements as described in the attached Exhibit B. 3. The ovmer has been advised that the present best estimate of the total amount to be assessed to the parcels in this assessment district is approximately S; 71.2 million . The owner is aware that this amount is subject to modification (increase or decrease) during the course of the legal proceedings. 4. The undersigned acknowledges each of the following: (a) THAT the cost ofthe project will be charged to the parcels in the assessment district in proportion to benefit, as determined by you following a public hearing; (b) THAT a report will be prepared and filed on the project, including a detailed cost estimate and a proposed allocation of the costs among the parcels of land on the basis of proportionality to the estimated benefit to each parcel, and that you will conduct a public hearing on the report and conduct the assessment ballot procedure required by Article XIIID of the California Constitution and Section 53753 of the California Government Code; (c) THAT the cost of engineering, legal and other incidental and financing costs will be included in the costs assessed; (d) THAT, assuming assessments are levied and recorded as requested by this petItIOn, we will have 30 days following the recording of assessments to pay our assessment, at a discount and without interest; that, upon expiration of the 30-day cash payment period, you will take the required steps to authorize and sell limited obligation improvement bonds under the Improvement Bond Act of 1915 (Sections 8500 and following, Streets and Highways Code) in the aJr..0unt of tt>~...1.1\1Y'aid assessments; that if we do not pre-pay our assessment in cash, it will become payable over a period of years, with interest and annual administrative costs added; and that the determination respecting the period of years and the interest rate or rates to be established by the bond sale. DOCS5F1:353416.1 1-..11040-554 ATTACHMENT 1 ~ c-6./:L, (e) THAT, if we do not pre-pay our assessments, annual installments . of principal, interest and administrative costs will be collected on the property tax roll; that such installments will be subject to the same late charges and penalties as for property taxes if we do not pay such installments by the annual December 10 and April 10 deadlines; and that our parcel is subject to foreclosure (no notice of delinquency or grace period) if we do not pay by said annual deadlines. (f) THAT, pursuant to provisions of Article XIIID of the California Constitution (added by Prop. 218), protests to the proceedings will be counted solely upon the amount assessed to the property for which a protest assessment ballot is submitted. 5. We waive investigation proceedings and all other provisions of Division 4, Streets and Highways Code, as provided in Section 2804 of that code. Dated: April 28 , 1999 CHANG 5U-O LI N, HONG LI EN LI N, HONG Y AO LI N (Name of Owner) By - d2ur . MARTIN W. INDERBITZEN, Attorney for Owners (Print Name of Authorized Representative) [Add Exhibits A and B] 2 . DOCSSF1: 353416.1 1-411040-S54 EXHIBIT "A" } ~ ;;2- . CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 (DUBLIN RANCH) Dublin, California DESCRIPTION OF \VORK A. The construction and/or acquisition of improvements for: 1. Dublin Boulevard from Tassajara Road to Fallon Road in a 140 foot right-of-way and contiguous public service casement (Minimum four lanes with median island resen'e), 2. Central Park-way from Tassajara Road to 3500 feet Easterly in a 104 foot right-of-way and contiguous public service easement (Minimum two lanes with median island resen'e), 3. Gleason Drive from Tassajara Road to the realigned Fallon Road in a 104 foot right-of-way and contiguous public sen'ice easement (Minimum two lanes with median island resen'e), 4. Fallon Road from Gleason Drive to the North end of existing Fallon Road - approximately 1700 feet in a 128 foot right-of-way and contiguous public sen'ice easement (Minimum two lanes with median island reserve), 5. Fallon Road from 1-580 to 400 feet North of Dublin Blvd. in a varying right-of-way and contiguous public service easement (Roadway widening and reconstruction with new improvements on the Westerly side), . 6. Fallon Road from 400 feet North of Dublin Blvd. to 3200 feet North of Dublin Blvd. in an existing 60 foot right-of-way (Upgrade and overlay of existing pavement only, to avoid wetland and special habitat), 7. Connector street, 3500 Easterly of Tassajara Road from Central Park-way to Dublin Blvd. in an 86 to 98 foot right-of-way and contiguous public sen'ice easement, 8. Tassajara Road improvements including the construction offurn lanes and necessary right- of-way and the construction/modification of signals, including clearing, grubbing, grading, base, pavement, curbs, gutters, street lighting, joint trench facilities, storm drainage system, water, wastewater, recycled water together with all appurtenances to any of the above. B. The construction and/or acquisition of interim/ultimate storm drainage improvements including pipes, structures, channels, retention pond, detention area, and including clearing, grubbing, grading, access road, fencing and landscaping, together with all appurtenances to any of the above. C. The construction and/or acquisition of other public improvements desired by participating Agency's with the concurrence ofthe majority property owners from available funds, if any. . D. The acquisitions of all lands, easements and rights-of-ways and all work auxiliary to any of the above necessary to complete the same. E. The advancement of Traffic Impact Fees to facilitate 1-580 interchange improvements at Tassajara Road and at Fallon Road, and for a share of Tassajara Road improvements. ITI -'\ .""'.. ....-.... ~".. :J: ''J':":'"'''''''' --..-' r.... " I, - ..-.' ~.._-_._.:-;;~.~~(~...... :::::::::---..\ '\\. ,~ /.,- _...u.-___... ... .c. ...\ rJJICU. 0 PAIlelL n \. VW,.... .,..... '"4. ' . ,.___.1 - -f' p,tJlCll L " "" , _ r A It C rEUS I L ?- -I ,--IiiT--.. --lK=Y- 1.0 ' J I (J;) jl ..11......-.:.. ....--j ..I : I I a -< o " I I IB~-ooa'-OOl-Ol I I J I~ I I I <€=c.:<~~ €~!>-~ ~ -c a ~ ... ( '"J I r~ .\" .....',..~l , '-.. i '" "ill":" .." '.. It\TE1I.SH TE MO ~ ,. ,j-, .,f' 4'" ..._, \ \ ,.,.,,",.,,,",, ~",.,",'."'.,' -~~ -,;;T - - - - -1~ ....wo.... ~I -N- I:i I J ' g;/ P65-0ooe-o',() ~ I " r i~ 1.\ 1B5-Doot-D04 I ,r €~~ ~OOOf~ - --.-;:t"~ r"'~ IT......... 9~!>-00'J.-OO5 \._.:~ {J 1 .QO 5CM.B I' . '00' ~ " LLGHO ~lJI 1)l!1!'KT Mll'trNlf €OW8-~ ~'1 P-"Ol. "'-"8U .em CLER'o{'S sr~[11llO rut> I'l fHr DfJ1Ct rr l>1t aTY Cl~ f:Jt' nft ~IIY rr puru., C>OI.M1 or ~ SWt Of ~~'"- 1Ia_ _llf"_, 'tN '->> <I tIC, art l1D'>1 NOJJ tun! or fHt CGftCI... 'Jf' IItl an or OJlIU\ [WI<rt a ~ S1lIlt 01 ~ ~l1UC'L'S STAUJ.llliI; I ~l'11n' a:J<II'l mo,f T1[ _ IV>" __ rttoro1'-" ~ (J' nn~ l>'r.1O':1 ItH-' 0...,. .....", H lie em (f tu'UI. 0J\,0(ft " "-- ~1Art IJf u.u'O<r.... ,,~ '-"f'tMfJ rr Il< all' tnJtCll or "It ml r:I' ~ 1.1 , ItWJlO MJ.JI III 1Ilt_ ~..o. .ltlInn YA' I\I:OK. art ~ NG CUlt( llf" " 00CI1I0l f1f M CIN or IUllI..Il. 00\I1lIl or.wllU>>. mlt OF ~ CQU'If'i n[(XHlDffl'~ STAUME'Il: rrm ,<<1 Il<<OfllI ~ y,&I;t ~ or ~': ~JJia I:lOlNIJlflTf l/CIUlt(, IIf11fCTl n rWon ~I 'H( ~I llI' "" ur. W 1M>l..II. 'UI ~ WtU loG. cOurtl NCqI\jIA ri N.G ,toll M Wt..lff1 01' ~ IIUJI III CA.I_ ... W\fot ~1lt1 /II ClWIlJII roo PROPOSED BOUNDARIES ASSESSI.lEUT DISTRICi 110. 11l11g-1 (DUaUH ~CH) aN OF WIIUN ..uU! rA t:IJIJHT'1, uuro ~MA. H<M'JltlJ< ,"" Il1J\C~Y \tt~ '-"......... CA.I~ ......... p ~ ~ :5 &( ;:z- CERTIFICATE RESPECTING SUFFICIENCY OF PETITIONS . CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 (DUBLIN RANCH) I, the undersigned, certify: I have examined a "Petition for Special Assessment Proceedings" signed by owners or persons purporting to be authorized representatives of owners of land sho\\'l1 on the exhibit map attached thereto, showing the boundaries of the property to be assessed for the proposed City of Dublin Assessment District No. 1999-1 (Dublin Ranch). I have compared the names on the petition with the names of O\\'l1ers of land as shown on the records of the Alameda County Assessor. I find the petition to have been signed by owners of more than sixty percent (60%) in area . of the land subject to assessment within he boundaries shown on the above-entitled map. I calculate that the owners of 100% of the described land have signed the petition. Dated: I -II ~f/ 1,B I ,1999 LEE S. THOMPSON, Director of Public Warks Ci~ of Dublin j7 )3y:)1~ ,~~ \; ---~ '---.-/ c.._ -.-- . - ATTACHMENT c\. b ~ /}-, RESOLUTION NO. - 99 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PETITION AND DETERMINING TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 DUBLIN RANCH WHEREAS, the owners or persons purporting to be the authorized representatives of the owners of certain real property situated in the City of Dublin have been filed with the City Clerk a petition, signed by or on behalf of such owners, requesting the acquisition and/or construction of certain public improvements described therein, the cost of which is to be specifically assessed against each parcel of land benefiting from such public improvements; and WHEREAS, the petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protect Act of 1931, as provided in Section 2804 of the Streets and Highways Code of the State of California; and WHEREAS, the City Clerk has also received a certificate to the effect that the petition has been signed by persons owning lands constituting more than sixty percent (60%) in area of . the land subject to assessment within the proposed assessment district; and WHEREAS, this Council finds that the owners of more than sixty percent (60%) in area of the land subject to assessment for the proposed public improvements have signed such petition and that the petition contains the matters required by Sections 2804 and 2804.5 of the Streets and Highways Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. The petition as filed with the City Clerk is hereby found to be legally sufficient and is accepted by this City Council. 2, The special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways Code). 3. The public interest and convenience will be served by the taking of such proceedings. . ATTACHMENT .3 . . . 3012. ATTEST: f) ~ /J- 4, This action if "final" within the meaning of Streets and Highways Code Section PASSED, APPROVED AND ADOPTED THIS 4th day of May, 1999. AYES: NOES: ABSTAIN: ABSENT: Mayor City Clerk t &/ /:h- RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE BOUNDARY MAP . CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 DUBLIN RANCH WHEREAS, there has been filed with the City Clerk a map entitled "Proposed Boundaries, Assessment District No. 1999-1, Dublin Ranch, City of Dublin, Alameda County, California," which map shows the area which constitutes the property proposed to be assessed in this proposed assessment district; and WHEREAS, said map constitutes the map (the "Boundary Map") of the proposed boundaries of this proposed Assessment District No. 1999-1, Dublin Ranch, with the property proposed to be assessed indicated on the Boundary Map. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. This Council approves the Boundary Map and adopts the boundaries shown on the Boundary Map as describing the extent ofthe territory included in a proposed assessment . district to be known as City of Dublin Assessment District No. 1999-1, Dublin Ranch, County of Alameda, State of California. 2. This Council directs the City clerk to certify the adoption of this resolution on the face of the Boundary map, and to file a copy of the Boundary Map with the Alameda County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts.. PASSED, APPROVED AND ADOPTED THIS 4th day of May, 1999. AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk . ATTACHMENT 1/ if ~ /r RESOLUTION NO, - 99 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING THE RESOLUTION OF INTENTION CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 DUBLIN RANCH WHEREAS, under the authority of the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), this Council intends to order the acquisition and/or construction of the public improvements described in Exhibit A, attached hereto and by this reference incorporated herein, all of which will impart special benefit to the property within the City of Dublin Assessment District No, 1999-1, Dublin Ranch, County of Alameda, State of California (the "assessment District"); and WHEREAS, this Council finds that the land specially benefited by the subject public improvements is the land shown within the boundaries shown on the boundary map for the Assessment District previously approved by the City Council and on file with the City Clerk. The land within the exterior boundaries shown on the boundary map shall be designated the "City of Dublin Assessment District No, 1999-1 (Dublin Ranch), County of Alameda, State of California". NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: . 1. This Council intends to levy a special assessment upon designated portions of the land within the Assessment District in accordance with the special benefit to be received by each parcel of land, respectively, from the public improvements. 2. Where any disparity occurs in level or size between the public improvements and private property, this Council determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. 3. This City Council intends, pursuant to subparagraph (f) of Section 10204 of the California Streets and Highways Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto. . 4. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty-nine (29) years from the second day of September ne:>...i succeeding twelve (12) months from their date. ATTACHMENT 5 jt) ~ /~ 5. The procedure for the collection of assessments and advance retirement of bonds under the - Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of California. 6. The City will not obligate itse1fto advance available funds from the City treasury to cure and . deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. 7. This Council appoints the Direction of Public Works of the City as Engineer of Work for this project, and directs the preparation of the report containing the matters required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of Article XIIID of the California Constitution. 8, In the opinion of this Council, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 20485 of the Public Contract Code; provided that this Section 8 of this resolution shall not be construed to preclude owners of assessable lands to contract directly for all or portions of the public improvement work to be acquired by the City upon completion. 9, The amount of any surplus remaining in the improvement fund after completion of the authorized public improvement work and payment of all claims shall be distributed in accordance with the provisions of Section 10417.1 of the Streets and Highways Code, PASSED, APPROVED AND ADOPTED THIS 4th day of May, 1999. AYES: . NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk . . . . . EXHIBIT "A" II 6Q IA CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 (DUBLIN RANCH) Dublin, California DESCRIPTION OF WORK A. The construction and/or acquisition of improvements for: 1. Dublin Boulevard from Tassajara Road to Fallon Road in a 140 foot right-of-way and contiguous public senrice casement (Minimum four lanes with median island reserve), 2. Central Park"way from Tassajara Road to 3500 feet Easterly in a 104 foot right-of-way and contiguous public senrice easement (Minimum two lanes with median island resenre), 3. Gleason Drive from Tassajara Road to the realigned Fallon Road in a 104 foot right-of-way and contiguous public senrice easement (Minimum two lanes with median island reserve), 4. Fallon Road from Gleason Drive to the North end of existing Fallon Road - approximately 1700 feet in a 128 foot right-of-way and contiguous public service easement (Minimum two lanes with median island resenre), 5. Fallon Road from 1-580 to 400 feet North of Dublin Blvd. in a varying right-of-way and contiguous public senrice easement (Roadway widening and reconstruction with new improvements on the Westerly side), 6. Fallon Road from 400 feet North of Dublin Blvd. to 3200 feet North of Dublin Blvd. in an existing 60 foot right-of-way (Upgrade and overlay of existing pavement only, to avoid wetland and special habitat), 7. Connector street, 3500 Easterly of Tassajara Road from Central Park-way to Dublin Blvd. in an 86 to 98 foot right-of-way and contiguous public senrice easement, 8. Tassajara Road improvements including the construction ofturn lanes and necessary right- of-way and the construction/modification of signals, including clearing, grubbing, grading, base, pavement, curbs, gutters, street lighting, joint trench facilities, storm drainage system, water, wastewater, recycled water together with all appurtenances to any of the above. B. The construction and/or acquisition of interim/ultimate storm drainage improvements including pipes, structures, channels, retention pond, detention area, and including clearing, grubbing, grading, access road, fencing and landscaping, together with all appurtenances to any of the above. C. The construction and/or acquisition of other public improvements desired by participating Agency's with the concurrence of the majority property owners from available funds, if any. D. The acquisitions of all lands, easements and rights-of-ways and all work auxiliary to any ofthe above necessary to complete the same. E. The advancement of Traffic Impact Fees to facilitate 1-580 interchange improvements at Tassajara Road and at Fallon Road, and for a share of Tassajara Road improvements. 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