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HomeMy WebLinkAbout3.1 Street Light Maint Assment Dist n CITY OF DUBLIN ZU "3.5- AGENDA STATEMENT MEETING DATE : August 2 , 1983 SUBJECT Street Light Maintenance Assessment District - Public Hearing EXHIBITS ATTACHED 1 ) Engineer ' s Report 2 ) Draft Resolution 3 ) Assessment Diagram to be displayed at Hearing RECOMMENDATION 1 ) Declare Public Hearing Open 2 ) Receive presentation from City Engineer and Legal Counsel 3 ) Read written protests 4 ) Hear oral protests 5 ) Hear proponents 6 ) City Engineer requests that Engineer ' s Report , etc . , be made part of the record of Public Hearing 7 ) Close Public Hearing 8 ) Adopt Resolution approving Engineer ' s Report , confirming diagram and a zero assessment for fiscal year 1983-84 and ordering improvement formation of a maintenance assessment district FINANCIAL STATEMENT: A $25 , 000 expenditure for establishing the district will be charged to the district on the first year that funds are collected under the City ' s Street Lighting Maintenance Assessment District . A zero assessment to Dublin residents will be made for Fiscal Year 1983-84 . The County Service Area will continue to assess Dublin property owners for street lighting during the 1983-84 Fiscal Year . DESCRIPTION Prior to incorporation , all street lighting in Dublin , with the exception of traffic safety lighting at intersections , was included in the County Service Area . Upon incorporation , the City ' s street lighting system was automatically removed from the County Service Area . During 1982 , the City was successful in its application for annexation to the County Service Area . At the time that the County approved the City ' s request to annex to the County Service Area , it was agreed that the City would make every effort to form its own local street light maintenance assessment district and leave the County Service Area . The City has made a good faith effort to accomplish that commitment . At its meeting of July 11 , 1983 , the City Council adopted a resolution preliminarily approving the Engineer ' s Report and declaring its intention to form a maintenance assessment district for street lighting . At that meeting , Staff advised the Council that the Court of Appeals decision in the City of San Jose vs . South was still pending and had not yet been resolved . As you may recall , this Court of Appeals decision clouded the constitutionality of utilizing maintenance assessment districts for street lighting and landscaping maintenance . To date , this Court of Appeals decision is still pending . If the City formed the district and collected an assessment , and subsequently it was determined that maintenance assessment districts were unconstitutional , the City would have to refund those funds it had collected under the local maintenance assessment district . Therefore , it is Staff ' s recommendation that the City Council take action to form the district and levy a zero dollar assessment for Fiscal Year 1983-84, and further direct Staff to notify the County of the City ' s desire to remain with the County Service Area for one more year . Staff has provided the County Staff with the upgraded street light information and assessment information that is necessary to continue to remain in the County Service Area . COPIES TO: ITEM NO. � ' � • CITY OF DUBLIN CITY OF DUBLIN STREET LIGHT MAINTENANCE ASSESSMENT DISTRICT (FISCAL YEAR 1983 - 84) E N G I N E E R'S R E P O R T CONTENTS 1. Assessment, including Estimate of Costs (Assessment Roll under separate cover) 2. Assessment Diagram A S S E S S M E N T• WHEREAS, on February 28, 1983, the City Council of the City of Dublin, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution Initiating Proceedings for the Formation of a 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 City Council of said City, hereby makes the following assessment to cover the portion of the estimated cost of the maintenance of said improvements and the costs and expenses incidental thereto to be paid by said district. The amount to be paid for the maintenance of said improvements, expenses incidental thereto, are as follows: E S T I M A T E O F COSTS ( 1) (2) As Preliminarily As Finally Approved Approved Cost of Maintenance $125, 000 $ -0- Incidental Expenses 25, 000 -0- TOTAL COST $150 ,000 $ -0- Surplus or Deficit from - 0 - -0- Previous Fiscal Year NET TO BE ASSESSED $150,000 $ -0- FOR FISCAL YEAR 1983 -19814 1 As required by said Act, a diagram is hereto attached showing the exterior boundaries of said street lighting maintenance assessment district and also the lines and dimensions of each lot or parcel of land within said street lighting 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. The Alameda County Assessor maps and reference numbers are hereby incorporated as a portion of the herein required indication of a numbering of each lot within the district. I do hereby assess the net amount to be assessed upon all assessable lots or parcels of land within said street lighting 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 the list hereto attached and by reference made a part hereof. Said assessment is made upon the several lots or parcels of land within said street lighting 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 1982-83 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 more particular description of said property, reference is hereby made to the deds and maps on file and of record in the ofice 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 6 , 19 83 Title City Engineer 2 CITY OF DUBLIN STREET LIGHT MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S COST ESTIMATE FISCAL YEAR 1983-19811 MAINTENANCE a) Electric Energy and Maintenance $125,000 INCIDENTALS a) Engineer's Report & Proceedings, $19,400 Administration and Supervision b) Printing and Advertising (Notices) $ 2,000 c) Cost of Collection (County) $ 600 d) Legal Fees $ 3,000 $ 25, 000 TOTAL $150, 000 3 CITY OF DUBLIN STREET LIGHT 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 z i f vacant) 0 Exempt (Gov't/Util/etc.) 0 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. 4 JHHW:SRC:cp 7/26/83 0364S CITY OF DUBLIN STREET LIGHT MAINTENANCE ASSESSMENT DISTRICT Opening Remarks by Presiding Officer This is the time and place set for the public hearing in this Council ' s proceedings for the Street Light Maintenance Assessment District. Such hearing is now open. There may be questions about the project, and any interested persons may express their views in opposition to and in favor of any phase of the project. To have an orderly hearing, we will proceed as follows: First, a summary of the project by the City Engineer, with an explanation of financing of the project by Jones Hall Hill & White. I will then accept questions from the audience - to be addressed to the City Engineer. Such questions should be asked for the purpose of obtaining information and should not be asked to indirectly express your views on the project - that will come later. Next, the written protests will be read, oral protests or objections will be heard, and proponents will be heard - in that order. Both in asking questions and in oral presentations of your views on the project, please announce your name, come forward, and if you are making an oral protest, identify the property you own within the proposed assessment district. In the interest of time we would appreciate avoidance of repetition, and such brevity as possible and consistent with full presentation of your views. _ Note that the purpose of this public hearing is to hear what the protestants and the proponents have to say about the project . Until the hearing has been closed , members of the Council should not express opinions , judgments or decisions on the matters being considere . The Council is acting in a quasi -judicial capacity, so that the property owners are entitled to be heard before members of the Council arrive at their decisions . Councilmembers should feel free , of course , to ask any questions of or seek any information they may desire from anyone appearing before them, either property owners , consultants or Staff . RESOLUTION No. - 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS AND FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT CITY OF DUBLIN STREET LIGHT MAINTENANCE ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, County of Alameda , California , that WHEREAS , by its Resolution No. 9-83, a Resolution Initiating Proceedings for the Formation of an Assessment District , this Council designated an Engineer for these proceedings 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 and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as the Engineer ' s Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that August 2 , 1983 , at the hour of 7 : 30 p.m. , in the Frederiksen School , 7243 Tamarack Drive , Dublin, California, were appointed as the time and place for a hearing by this Council on the question of the formation of the proposed maintenance assessment district and levy of the proposed assessment , which hearing was duly and regularly published and posted; and WHEREAS , at the appointed time and place said hearing was duly and regularly held, and all interested persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said formation and 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 formation, levy and the confirmation of the diagram and assessment prepared by and made a part of the report of said Engineer to pay the costs and expenses thereof ; NOW, THEREFORE, it is found, determined and ordered, that : 1 . The property owners owning more than fifty percent ( 50%) of the area of assessable lands within the proposed maintenance assessment district had not , at the conclusion of said hearing, filed written protests against the said proposed formation and levy, as a whole or as to any part thereof , or against the said proposed district or the extent thereof to be assessed for the costs and expenses of said formation and 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 , convenience and necessity require that said formation and levy be made . 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 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 in connection therewith; Page 1 (b) the diagram showing the assessment district , plans and specifications for 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 the expenses incidental thereto; are finally approved and confirmed.- 5. Final adoption and approval of the Engineer' s report as a whole , and of the plans and specifications , estimate of the costs and expenses , the diagram and the assessment , as contained in said report , as hereinabove determined and ordered, is intended to and shall refer and apply to said report , or any portion thereof , as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council . 6 . Said assessment district be formed, and that said assessment to pay the costs 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 Initiating Proceedings . 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 benefited by the maintenance. of said improvements at 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 and a certified copy of this resolution with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment . The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments . After collection by said County, the net amount of the assessments , after deduction of any compensation due the County for collection, shall be paid to the Finance Director of the City of Dublin. 9 . Upon receipt of moneys representing assessments collected by the County, the Finance Director of the City of Dublin shall deposit the moneys in the City treasury to the credit of an improvement fund, which improvement fund the Finance Director is hereby directed to establish under the distinctive designation of said maintenance assessment district . Moneys in said improvement fund shall be expended only for the maintenance of said improvements . PASSED, APPROVED AND ADOPTED this 2nd day of August , 1983. AYES : NOES: ABSENT: Mayor ATTEST: City Clerk Page 2