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HomeMy WebLinkAbout7.1 MAD84-1 ResoW/BndriesAGENDA STATEMENT u ust 27, 1984 SUBJECT : San Ramon Road Specific Plan Improvement Assessment District 84-1 EXHIBITS ATTACHED : A) Resolutions to be delivered to Council on Friday: 1) Resolution Approving Proposed Boundaries of Assessment District ~.'a ~ 2) Resolution Appointing Engineer & Attorney Resolution Determining to Undertake Proceedings Pursuant to Special Assessment and Assessment Bonds Acts for the Acquisition and Construction of Improvements Without Proceedings Under Div- ision 4 of the Streets and Highways Code Resolution of Intention to Acquire and Construct Improvements B) Map which was attached to petitions C) Letter sent to property owners in proposed Approve Resolutions RECOMMENDATION District FINANCIAL STATEMENT: Ail 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 shared evenly between Morrison Homes and the owners of the Jeha property (by agreement). They will be reimbursed these costs from the proceeds of the District after its formation. The City will take over maintenance of the street improvements after completion and acceptance by the City. DESCRIPTION : As part of the San Ramon Road Specific Plan and as conditions upon projects approved within the Plan area, a number of public street improvements are to be constructed by the property owners. Initially, it was hoped that the property owners could work out a mutual agreement specifically for the construction of the extension of Amador Valley Boulevard to the west. When negotiations broke down, Mr. Jeha and the Howells (property now owned by Morrison Homes) requested that the City undertake an assessment district to include this street, as well as required off site and frontage improvements. Petitions were prepared and sent to the property owners within the proposed District with the result that 3 signatures have been received. These signatures represent the Jeha property, Morrison Homes property and Motet property. These 3 owners represent more than 60% of the land within the District, which is required to waive certain proceedings and limitations for the formation of the District. These resolutions will begin the process for the formation of the proposed District. They will: 1) approve the proposed boundaries of the District (see map); 2) appoint the City Engineer as the Assessment District Engineer (Creegan and D'Angelo has designed the street extension); and 3) 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. ITEM NO. COPIES TO: .J CITY OF DUBLIN P.O. Box 2340 Dublin, CA 94568 July 23, 1984 (415) 829-4600 CERTIFIED MAIL Dear Property Owner: SUBJECT: PROPOSED ASSESSMENT DISTRICT As part of the approval of the San Ramon Road Specific Plan, an extension of Amador Valley Boulevard to the west was included. Some of the property owners in the plan area have expressed a desire to finance those improvements through an assessment district so that the City can utilize its power of eminent domain, if necessary, to acquire the road right-of-way and to have the opportunity to spread the cost over fifteen years. It is also proposed to include frontage improvements along San Ramon Road and required off site improvements. ; The cost of the extension of Amador Valley Boulevard is preliminarily proposed to be spread over the four parcels directly effected by the road (Jeha, Bardt, Nichandrous and Morrison Homes). The remainder parcels would pay for their frontage improvements including curb and gutter, one additional travel lane and longitudinal drainage. In addition to the above costs, the property owners within the proposed district would be assessed engineering design costs and legal and other miscellaneous district costs. If you would like to be included within this District, please sign the enclosed petition and return it to me as soon as possible. If not, please also let me know in writing. You should be aware that the property owners of 60% of the land area signing the petition can require the district to be formed. The assessments, however, must be made on a benefit basis and you will only be assessed for those benefits to your property. Should you have any questions, please let me know. I will be out of the office the week beginning July 30th, but will be available on Monday, Wednesday and Friday thereafter. Sincerely, LEE THOMPSON, CITY ENGINEER LT/cf Enclosure PETITION 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 SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT 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 show~ on t~,,~ Assessor's roll, or on the County Assessor's records of th~ County of Alameda on which general taxes were collected~ cf more than sixty percent (60%) in area of all of the parcels of property hereinafter described. 2. That you take proceedings pursuant to the Munici- pal Improvement Act of 1913 and issue bonds pursuant to the Improvement Bond Act of 1915 for the following acquisitions and improvements. a. Street widening improvements along San Ramon Road frontages. b. The extension of Amador Valley Blvd. ~xtending west from San Ramon Road ending in a cul-de-sac. c. Water, sewer and utility installation within the right of way areas for the above improvements. d. Required offsite improvements along San Ramon Road. e. New four way traffic signal at San Ramon Road and Amador Valley Blvd. f. 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 limitation, 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 thereby, 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 SAN ~ION ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT which indicates by a boundary line the extent of ~he 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 attor- neys to 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. --2-- 5. That we authorize you to exercise your proper discretion as vested in you pursuant to said acts to consid- er all lawful petitions or protests which may be filed, %herein, 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, NAME ADDRESS ASSESSOR'S PARCEL NUMBER DATE -3- TO: 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 rol~. In the cases of land transfers since the last Assessor's roll ?s~ prepared, qualified signers are those whose n~mes appear 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 ccmmon may sign for all of the property. Any owner husband or wife may sign for all of the e property. 5. Corporations ~ignatures must be 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. RESOLUTION NO. A RESOLUTION APPROVING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT CITY OF DUBLIN SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, California, that WHEREAS, this City Council proposes to undertake proceedings for the formation of an assessment district. NOW THEREFORE, IT IS ORDERED, as follows: 1. The proposed boundaries of said assessment district to be assessed in said proceedings , are hereby described as shown on a map of said assessment district on file in the office of the City Clerk, entitled "Boundary Map, San Ramon Road Specific Plan Improvement Assessment District" , which shows the lots, pieces or parcels of land proposed to be assessed and which indicates by boundary line the extent of the territory included in the proposed assessment district, reference to such map being hereby made for particulars. Said map contains the name of the City and a distinctive designation in words or by number or the district shown thereon and is hereby approved. * * * * * * * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of yZC�� LU`t/t/J J64---4.2A. Dublin, California, at a regular meeting thereof held on the day of , 1984 , by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED ATTEST: CITY CLERK -2- RESOLUTION NO. A RESOLUTION APPOINTING ENGINEER AND ATTORNEY CITY OF DUBLIN SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, California, that WHEREAS , :-. this - City Council has determined to undertake proceedings pursuant to appropriate assessment and assess- ment bond .. acts for the acquisition and construction of public improvements in said City; WHEREAS , the public interest and general welfare will be served by appointing and employing engineers and attor- neys for the preparation and conduct of said proceedings and work in connection with said improvements; NOW, THEREFORE, IT IS ORDERED as follows: 1 . That LEE THOMPSON be, and he is hereby appointed as Engineer of Work and employed to do and perform all engi- neering work necessary in and for said proceedings , includ- ing preparation of the Engineer' s Report consisting of necessary plans , profiles , specifications, estimate of - costs, diagram and assessment, and maps and descriptions of lands and easements to be acquired, if any; that the compen- sation of the Engineer of Work be , and it is hereby, fixed at a reasonable engineering fee for all of said engineering and services and said fee to be approved by the Council of said City, and to be assessed as an incidental expense of said proceedings. 2 . That the law firm of Robert M. Haight, Scotts Valley, California, be, and he is hereby 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 and advising the Engineer in the preparation of his work, advising all city officials on all matters relating thereto when called upon, and furnishing a legal opinion on the validity of said proceedings and bonds , and that his compensation be, and it is hereby fixed at 2% of the total acquisition and con- struction cost, exclusive of incidentals, or $1 ,250 . 00 , whichever is greater, together with reasonable fees for services in acquiring easements or in eminent domain or other suits , auditors records and clerical fees , to be assessed as an incidental expense of said proceedings. 3 . That the fees provided to be paid herein be paid from said assessments to be levied and bonds to be issued, and not otherwise. * * * * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of -2- Dublin, California, at a regular meeting thereof held on the day of , 1984 , by the following vote of the members thereof: AYES : NOES: ABSENT:: .. ABSTAIN: APPROVED Mayor ATTEST City Clerk -3- RESOLUTION NO. A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BONDS ACTS FOR THE ACQUISITION. AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PRO- CEEDINGS UNDER DIVISION. 4 OF THE STREETS AND HIGHWAYS CODE CITY OF DUBLIN SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT RESOLVED, by the City• Council of the City of Dublin, California, 'that . WHEREAS, based on Certificates duly filed with this Council, all of the owners of more than 60% in area of property subject to assessment, have signed and filed with the Clerk of this City a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts , and to assess the costs thereof upon the properties benefited by said acquisitions and improvements, and waiving proceedings and limitations under Division 4 of the Streets and Highways Code, for the acquisitions and improvements set forth in Exhibit "A" . WHEREAS, the costs and expenses of said contemplated acquisitions and improvements are to be chargeable upon an assessment district, the exterior boundaries of which are the . . coterminious exterior boundaries of the composite and consolidated area -as more particularly shown on a map thereof filed in the office of the City Clerk, entitled "Proposed Boundaries of the San Ramon Road Specific Plan Improvement Assessment District" , which 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; and WHEREAS, the public interest and convenience will be served by the taking of said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMima) AND ORDERED that all of the owners of more than 60% in area of property subject to assessment for said proposed acquisitions and improvements have filed with the City Clerk of this City a written. petition for the acquisition and construction of improvements pursuant to appropriate special assessment and assessment bond . .acts, without further compliance with the provisions or , ':limitations bf ,Division 4 of the Streets and Highways Code. . IT . IS: FURTHER FOUND,' DETERMINED AND ORDERED THAT said - • proceedings for the acquisitions and construction .of 'said • improvement shall be had pursuant to the Municipal Improvement Act of 1913 and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Act of 1915 . • IT IS FURTHER FOUND, DETERMINED AND ORDERED THAT the provisions and limitations of Division 4 of the Streets and • Highways Code be, and they are hereby, dispensed with. * * * * * * * * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Dublin, California, at a regular meeting thereof held on the day :of • • , 1984 , by the -:following vote of the . . , members thereof: . . AYESe NOES: _. . .. • ABSENT: ABSTAIN: APPROVED • MAYOR • ATTEST: CITY CLERK -2- E X H I B I T "A" a. Street widening improvements along San Ramon Road . frontages. :.b. The extension of Amador Valley Blvd. extending west from San Ramon Road ending in a cul-de-sac. c. Water, sewer and utility installation within the right of way areas for the above improvements. d. Required offsite improvements along San Ramon Road. e. New four way traffic signal at San Ramon Road and Amador Valley Blvd. f. 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 limitation, engineering design and survey work and inspection - services. RESOLUTION NO. A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS CITY OF DUBLIN SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT RESOLVED, by the City Council- of the City of Dublin, opinion the i California, ° that : in its 'public interest and convenience require and that it is the intention of said City Council `:to ,order;.the ,following acquisitions and improvements, set forth in Exhibit "A" . 1. Whenever any public way is herein referred to as running between two public ways , or from or to any public way, the intersection of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 2 . Said streets and highways are more particularly shown on the records in the office of the County Recorder of Alameda County, California and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. 3 . All of said work and improvements are to be constructed ' at the places and in the particularly 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. 4 . There is to be excepted from the work herein 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. 5 . Notice is hereby given of the fact that in many cases said work and improvements will bring finished work to a grade different' from that formerly existing, and that to said extent work will be done to said changed grades. 6 . Said City Council does hereby adopt and establish as the official grades for said work and 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 the City of Dublin.. 7 . The description 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, shall be controlling as to the correct and detailed description thereof. 8 . Said contemplated acquisitions and improvements , in the opinion of said City Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which district are the composite and consolidated area as more particularly shown on a map thereof entitled "Proposed Boundaries of the San Ramon Road Specific Plan Improvement Assessment District" prepared by the Engineer of Work of the City of Dublin, on file in the office of the City Clerk, to which reference is hereby made for 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. -2- 9 . Said City Council further declares that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements . 10 . Notice is hereby given that serial bonds to represent the unpaid assessments , --and bear- •interest :at the =rate of not to exceed -twelve percent . (12%) per annum, will be issued under the manner provided :in .the Improvement Bond -Act -of .1915 , Division 10 ; of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part 11. 1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds , shall apply. Notice is further given that if there is publicly owned property in this district, the City intends to assess and issue a bond or certificate of assessment against public property pursuant to the same terms and conditions as set forth above. • 11. : Except as herein otherwise provided for the issuance of bonds , all . of said improvements 'shall _ be done pursuant to the provisions of the Municipal ImprovementAct of 1913 . - • . 12 . - -Reference is hereby made to proceedings had pursuant to Division 4 of the Street and Highways Code on file in the office of the City Clerk. -3- 13 . Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employeed by said City Council for that purpose; and said Engineer is hereby directed to make and file with the City Clerk a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to ' be :acquired. :. ,_ (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; (c) Engineer' s statement of the itemized and total estimated 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 Resolution of Intention, each of which subdivision shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the costs and •, expenses of the proposed 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 -4- • acquisitions and improvements and of the expenses incidental thereto. When any portion or percentage of the cost and expenses of the 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 . Said assessment . shall refer to said subdivision (d) of this section. .- :; 14 . Notice is hereby given that, in 'the opinion of the City Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10501. 4 of the Streets and Highways Code, no notice of award of contract shall be published. 15 . If any excess shall be realized from the assessment it- shall be used, in such amounts as the City 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 the County, provided :that the amount of any such transfer shall not exceed the lesser of $1, 000 . 00 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 improvements. * * * * * * * * * * * I hereby certify that the foregoing resolution was duly and -5- regularly adopted and passed by the City Council of the City of Dublin, California, at a regular meeting thereof held on the day of , 1984 , by the following vote: AYES: NOES: ;ABSENT ABSTAIN: APPROVED Mayor ATTEST City Clerk -6- E X H I B I T "A" a. ",Street widening improvements along San Ramon Road . :_ frontages._ b:: . The extension of Amador Valley Blvd. extending west from San Ramon Road ending in a cul-de-sac. c. Water, sewer and utility installation within the right of way areas for the above improvements . d. Required offsite improvements along San Ramon Road. e. New four way traffic signal at San Ramon Road and Amador Valley Blvd. f. 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 limitation, engineering design and survey work and inspection ,services. .