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HomeMy WebLinkAboutItem 8.1 Scarlett Dr Storm Drain Facilities (2) 360 _ CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE; September 10, 1984 SUBJECT Scarlett Court Storm Drain Facilities Assessment District EXHIBITS ATTACHED A) Resolutions : 1 ) Resolution Determining to Undertake Proceedings Pursuant to Special Assessment and Assessment Bonds Acts for the Making of Acquisitions and Improvements Without Further Proceedings Under Division, 4 of the Streets and Highways Code 2 ) Resolution Appointing Engineer & Attorney 3 ) Resolution of Intention to Make Acquisitions and 9( Improvements B ) Signed Petitions RECOMMENDATION Approve Resolutions FINANCIAL STATEMENT: All improvement costs including engineering and inspection are to be spread over the properties within the District . The initial costs between the initiating resolutions and the engineer ' s report hearing will be paid by the property owners . They will be reimbursed these costs from the proceeds of the District after its formation. Zone 7 will take over maintenance of the drainage improvements after completion and acceptance by the City on behalf of the public. DESCRIPTION In the review of the Valley Datsun application, the Alameda County Flood control District ( Zone 7 ) required the improvement of the open drainage channel through this site as this channel is a major line in Zone 7 ' s master drainage plan. Concurrently, Zone 7 had notified the owner of the proposed Valley Datsun site as well as the owners of the two parcels immediately behind the Valley Datsun site that Zone 7 was enforcing a deferred improvement agreement which was part of the parcel map to split this property originally to install the ultimate drainage improvements . The owner of Valley Datsun, as well as the adjacent property owner ( representing more than 60% of the land area within this proposed district ) are requesting the City to form an assessment district for the installation of these required improvements . The improvements include concrete lined ditch toward the back of the properties and an underground pipe system. The attached resolutions will begin the process for the formation of the proposed District . They will : 1 ) appoint the City Engineer as the Assessment District Engineer and Jones Hall Hill and White as legal counsel for the District; and 2 ) make notice of the intention to form the District . This process will now allow plans to be completed, costs to be determined and a proposed assessment spread to be determined. It will not keep anyone from protesting the future District formation hearing. ---------------------------------------------------------------------------- COPIES TO: Glenn Kierstead Walt Koenig ITEM NO. ?—1 o t Joseph & Pamela Foster Security Storage Johnny Crowell, et al JHHW:JLN:cp 08/30/84 0674N : ld 09/04/84 RESOLUTION NO. A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE MAKING OF ACQUISITIONS AND IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE SCARLETT COURT STORM DRAIN FACILITIES ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, County of Alameda, California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts , and to assess the cost thereof upon the properties benefited, and waiving proceedings under Division 4 of the Streets and Highways Code, signed by the owners of more than 60% in area of the properties proposed to be assessed, has been filed with the City Clerk for the making of the acquisitions and improvements described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the costs and expenses of said acquisitions and improvements are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on the map thereof on file in the office of said Clerk, to which reference is hereby made for further particulars ; WHEREAS, said proceedings are in whole or in part for the financing and improvement of streets and easements initiated under a contract entered into or proposed to be entered into between a subdivider and the City of Dublin pursuant to Section,-66462 of the Government Code, and the evidence and certificate required to be submitted and furnished by Sections 2804. 1 and 2804.2 of the Streets and Highways Code have been submitted and furnished; WHEREAS, the public interest and convenience will be served by the taking of said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows : 1 . That all of the owners of more than 60% in area of the property subject to assessment for said acquisitions and improvements who appear to be such on the Assessor' s roll on the day that said petition was filed, or, in the case of transfers of land or parts thereof subsequent to the date upon which the last Assessor' s roll was prepared, appear to be such on the records in the County Assessor' s office which the County Assessor will use to prepare the next ensuing Assessor' s roll , have signed and filed with said Clerk a written petition for said acquisitions and improvements and a written waiver of investigation proceedings under Division 4 of the Streets and Highways Code. 2. That the total estimated amount of the proposed assessment for the portion of said acquisitions and improvements which are improvements of streets and easements initiated under said contract pursuant to Section 66462 of the Government Code will not exceed 750 of the estimated fair market value of the land proposed to be assessed therefor after the proposed public improvements have been constructed, and that there has been strict compliance with the requirements of Sections 2804. 1 and 2804.2 of the Streets and Highways Code. 3. That the provisions of Division 4 of the Streets and Highways Code, other than those which relate to the foregoing findings, determinations and orders, shall not apply to the making of said acquisitions and improvements, and proceedings therefor shall be had' pursuant to the Municipal Improvement 2 Act of 1913 and bonds shall be issued pursuant to the Improvement Bond Act of 1915, without further proceedings under said Division 4. 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 day of 1984, by the following vote, to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk 3 1143S EXHIBIT A The construction of storm drain facilities along the east property line of the combined properties and across the Scarlett Court frontage from the easterly property line to the box culvert in the middle of the Scarlett Court frontage which carries storm waters across I-580. These facilities to be in a combination lined open channel and closed conduit, the exact design of which to be determined by the Engineer of work and reviewed by the City of Dublin and Zone 7 Flood Control and Water Conservation District as sufficient to carry ultimate design flows (15 year storm) . The acquisition of all lands, easements, facilities and rights , and the construction of all work auxiliary to any of the above and necessary to complete the same, including without limitations , utility and private street relocation, engineering design and survey work and inspection services . JHHW:JLN:cp 08/30/84 0673N : ld 09/04/84 RESOLUTION NO. A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS SCARLETT COURT STORM DRAIN FACILITIES ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, County of Alameda, California, that WHEREAS, this Council has determined to undertake proceedings pursuant to appropriate assessment and assessment bond acts for the acquisition and construction of public improvements; WHEREAS, the public interest and convenience will be served by appointing and employing an engineer and attorneys for the preparation and conduct of said proceedings ; NOW, THEREFORE, IT IS ORDERED, as follows: 1 . That Lee Thompson, City Engineer, City of Dublin, California, is appointed as Engineer of Work and employed to do and perform all engineering work necessary in and for said proceedings, including the preparation of the requisite plans, specifications, maps and descriptions of easements , estimate of costs, diagram and assessment, and that compensation therefor is hereby fixed at a reasonable engineering fee for all of said engineering services, said fee to be approved by this Council . 2. That the law firm of Jones Hall Hill & White, A Professional Law Corporation, San Francisco, California, is appointed and employed to do and perform all legal services required in the conduct of said proceedings, including the preparation of all papers not required to be prepared by the Engineer, examining and approving the engineering documents as to legal sufficiency and advising the Engineer in the preparation of his work, advising all officials of this City on all matters relating thereto when called upon, assisting in the sale of the bonds to be issued and furnishing its legal opinion on the validity of said proceedings and bonds , and that said law firm' s compensation for such services is hereby fixed as 2% of the total assessment or $15,000, whichever is greater. 4. That the fees of said engineer and attorneys be assessed as an incidental expense of the proceedings and be payable solely from the proceeds of assessments and sale of bonds and not otherwise. **************** 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 day of 1984, by the following vote, to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk 2 w .1 JHHW:JLN:cp 08/30/84 0672N : ld 09/04/84 RESOLUTION NO. A RESOLUTION OF INTENTION TO MAKE ACQUISI.T.IONS AND IMPROVEMENTS SCARLETT COURT STORM DRAIN FACILITIES ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, County of Alameda, California, that the public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof. 1 . Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in the Municipal Improvement Act of 1913. 2. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes , dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways , or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on said plans to be done therein. Said streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County of Alameda, State of California, and shall be shown upon said plans. 3. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 4. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases , said work on private property shall , with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 5. This Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans , profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this City. 6. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer' s Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. 7. Said contemplated acquisitions and improvements , in the opinion of this Council , are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the 2 exterior boundaries of which are shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 8. This Council declares that all public streets , highways , lanes and alleys within said assessment district in use in the performance of a public function, and all lands owned by any public entity, including the United States and the State of California, or any departments thereof, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 9. • Said acquisitions and improvements are hereby referred to Lee Thompson, City Engineer of the City of Dublin, as Engineer of Work for this assessment district, a competent person employed by this City for the purpose hereof, and said Engineer of Work is hereby directed to make and file with said Clerk a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution; (c) Engineer' s estimate of the total costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of this 3 Resolution, each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the cost and expenses of said acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subparagraph (d) of this paragraph. When any portion or percentage of the costs and expenses of said acquisitions and improvements is to be paid from sources other than assessments , the amount of such portion or percentage shall first be deducted from the' total estimated cost and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. 10. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of law, for one or more of the following purposes: (a) Transfer to the general fund of this City, provided that the amount of any such transfer shall not exceed the lesser of $1 ,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. 11 . Lee Thompson, City Engineer of the City of Dublin, is hereby designated as the person to answer inquiries regarding any protest proceedings 4 to be had herein, and may be contacted during regular office hours at 6500 Dublin Road, P. 0. Box 2340, Dublin, California 94568, or by calling (415)829-4600. 12. To the extent that any of the work, rights , improvements and acquisitions indicated in the Engineer' s Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this City, or of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the Streets and Highways Code, which agreement may provide for, among other matters , the ownership-, operation and maintenance by such agency or utility of said works, rights, improvements and acquisitions , and may provide for the installation of all or a portion of such improvements by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 13. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the -time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the last installment of which bonds shall mature 5 not to exceed nineteen (19) years from the second day of July next succeeding ten (10) months from their date. 14. The provisions of Part 11 . 1 of Division 10 of the Streets and Highways Code, providing for an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply to bonds issued pursuant to paragraph 13 above. 15. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code which are on file in the office of said Clerk. 16. Notice is hereby given that, in the opinion of this Council , the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and therefore that, pursuant to Section 20487 of the Public Contract Code, no notice of award of contract shall be published. 18. It is hereby recognized by this Council that in order for certain of the properties herein proposed to be assessed to obtain the benefits which the storm drainage facilities herein proposed to be ordered will be designed to confer (being all parcels within the boundary of the assessment district which are not adjacent to the storm drainage lines proposed to be constructed, as described in Exhibit "A" hereto and to be shown on the plans hereinabove ordered to be prepared) , additional storm drainage lines will have to be constructed. It is therefore resolved, subject only to confirmation of the herein proposed assessment for the herein proposed acquisitions and improvements, as follows : (a) Upon ,request of a landowner, the additional facilities necessary to provide service to said landowner' s property will hereafter be constructed by the City of Dublin, and all land, easements or rights of way 6 necessary , therefor will be acquired by gift, purchase, condemnation (except as to lands which the City has no power to condemn) or other appropriate method at the landowner' s expense, by using, as determined by the City, either landowner' s cash payments , special assessment proceedings , advances by the City subject to reimbursement, any other appropriate method, or a combination thereof; and (b) The owners and occupants of the lots , tracts , pieces and parcels of land lying within the boundaries of the assessment district shall at all times hereafter be entitled to the use and benefit of the storm drainage facilities to be acquired and constructed herein, subject to such reasonable rates, rules , regulations and charges as are now or may hereafter be established by the City of Dublin, and that right, permission, privilege and authority are hereby given and granted to the present and future owners and occupants of the lands within said assessment district to connect all storm drainage lines which may hereafter be constructed within said assessment district by them or on their behalf into and with the said storm drainage facilities to be acquired and constructed herein, subject to the reasonable rates , rules and charges referred to above. 19. It is hereby recognized by this Council that in order for certain of the properties herein proposed to be assessed to obtain the benefits which the road improvements herein proposed to be ordered will be designed to confer (being all parcels within the boundary of the assessment district which are not adjacent to the road improvements proposed to be constructed, as described in Exhibit "A" hereto. and to be shown on the plans hereinabove ordered to be prepared, and which do not have access to said road improvements to be constructed either via existing unimproved roads and/or rights of way 7 therefor) , such access must be acquired. It is therefore resolved, subject only to confirmation of the herein proposed assessment for the herein proposed acquisitions and improvements , as follows : (a) All lands, easements or rights of way necessary for such access will be acquired by condemnation by this City (except as to lands with respect to which the City has no power to condemn) if necessary, in which event the road improvements on such acquired lands, easements or rights of way shall be constructed to applicable City standards , with the costs of acquiring such access and constructing such road improvements to be borne by the landowners benefited thereby either by such landowner' s cash payments, by special assessment proceedings, advance by the City subject to reimbursement, any other appropriate method, or a combination thereof; and (b) The owners and occupants of the lots, tracts , pieces and parcels of land lying within the boundaries of the assessment district shall at all times hereafter be entitled to the use and benefit of the road improvements to be acquired and constructed herein, and that right, permission, privilege and authority are hereby given and granted to the present and future owners and occupants of the lands within said assessment district to connect all road improvements which may hereafter be constructed within said assessment district by them, or on their behalf, with said road improvements to be acquired and constructed in these proceedings . 20. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of Division 10 of the Streets and Highways Code of the State of California. 8 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 day of 1984, by the following vote, to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk 9 1143S EXHIBIT A The construction of storm drain facilities along the east property line of the combined properties and across the Scarlett Court frontage from the easterly property line to the box culvert in the middle of the Scarlett Court frontage which carries storm waters across I-580. These facilities to be in a combination lined open channel and closed conduit, the exact design of which to be determined by the Engineer of work and reviewed by the City of Dublin and Zone 7 Flood Control and Water Conservation District as sufficient to carry ultimate design flows (15 year storm) . The acquisition of all lands, easements , facilities and rights , and the construction of all work auxiliary to any of the above and necessary to complete the same, including without limitations , utility and private street relocation, engineering design and survey work and inspection services. T0; CIRCULATORS Re : Instructions as to Circulation of Petition 1 . To be effective, the Petition' should be signed by all of the owners of more than 60% in area of the property subject to assessment for.the cost of improvement. 2 . Qualified signers are only those.whose name appear as owners on the Assessor' s roll. In the cases of land i transfers since the last Assessor'.s roll ua- prepared, qualified -signers are those whose names - anpear. as owners in the Assessor' s records to be used in preparing the next ensuing Assessment roll. . 3 . Any one - joint tenant or tenant in ccmnon may sign for all of the property. 4 . Any owner husband or wife may sign for all of the property. 5 :. Corporations,. bignatures must he by authorized corporate officers signing . for and on behalf 'of the corpo- ration. = 6. Each section of the petition should be the respon- sibility of one person only;_,:.: so. that he can testify as to . the genuiness of the .signatures '-if necessary. P E T I T I O N FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS BY SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS, AND WAIVER OF PROCEEDINGS AND LIMITATION UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE SCARLETT COURT STORM DRAIN FACILITIES To The Honorable City Council City of Dublin P.O. Box 2340 Dublin, California 94568 Gentlemen: The undersigned respectfully petition your Honorable Body and show as follows : 1 . That they are all of the owners as shown on the Assessor ' s roll , or on the County Assessor's records of the County of Alameda on which general taxes were collected, of more than sixty percent ( 60% ) in area of all of the parcels of property hereinafter described. 2 . That you take proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds pursuant to the Improvement Bond Act of 1915 for the following acquisitions and improvements . a. The construction of storm drain facilities along the east property line of the combined properties and across the Scarlett Court frontage from the easterly property line to the box culvert in the middle of the Scarlett Court frontage which carries storm waters across I-580 . These facilities to be in a combination lined. open channel and closed conduit, the exact design of which to be determined by the Engineer of work and reviewed by the City. of Dublin and Zone 7 Flood Control and Water Conservation District as sufficient to carry ultimate design flows ( 15 year storm) . b. The acquisition of all lands, easements, facilities and rights, and the construction of all work auxiliary to any of the above and necessary to complete the same, including without limitations, utility and private street relocation, engineering design and survey work and inspection services . 3 . That you assess the cost of said acquisitions and improvements , together with the incidental expenses of said proceedings , upon the district benefitted hereby, the exterior boundaries of which are described as the exterior boundaries of the composite and consolidated area of all parcels of property more particularly shown on a map thereof attached hereto and to be filed in the office of the City Clerk, entitled SCARLETT COURT STORM DRAIN FACILITIES IMPROVEMENT ASSESMENT DISTRICT which . indicates by a boundary line the extent of the territory included in the proposed district and which shall govern for all details as to the extent of the assessment district. 4 . That you appoint and employ engineers and attorneys to -2- do and perform all the engineering and legal work and services necessary in the assessment proceedings; and that they be paid reasonable fees for said services , to be assessed as an incidental expense of said proceedings . 5 . That we authorize you to exercise your proper discretion as vested in you pursuant to said acts to consider all lawful petitions or protests which may be filed, therein, and in the exercise thereof to increase, decrease, or otherwise modify the work and acquisitions to be done and the boundaries of the Assessment District. 6 . THE UNDERSIGNED expressly waive the proceedings required, and all limitations , under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" , being Division 4 of the Streets and Highways Code . Respectfully submitted, ASSESSOR' S ME ADDRESS PARCEL NUMBER DATE \�W/941-500-30 - 941-550-31 /q " 941-550-32 941-550-33 941-550-34 -3- do and perform all the engineering and legal work and services necessary in the assessment proceedings; and that they be paid reasonable fees for said services, to be assessed as an incidental expense of said proceedings. 5. That we authorize you to exercise your proper discretion as vested in you pursuant to said acts to consider all lawful petitions or protests which may be filed, therein, and in the exercise thereof to increase, decrease, or otherwise modify the work and acquisitions to be done and the boundaries of the Assessment District. 6. THE UNDERSIGNED expressly waive the proceedings required, and all limitations, under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code. 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