Dublin Municipal Code Art. VI Dublin Ranch East Side Storm Drain Benefit District

The purpose of this article is to create a local benefit district, pursuant to California Government Code Section 66487, to provide for the levy and collection of charges as a condition of approving the development of properties within the benefit district that will necessitate, and benefit from, the construction of storm drain improvements. The owner, developer, or other person holding an interest in property in the benefit district shall be required to pay the city charges equal to their share (according to the benefit analysis) of the actual cost of constructed improvements. Charges for already constructed improvements shall be an amount equal to the proportional benefit to the benefited property of improvements constructed with supplemental capacity that will benefit or be used by the benefited property.

(Ord. 6-07 § 1. Formerly 7.74.250; Ord. 7-24 § 3)

For the purpose of this article, the following words and phrases shall have the following meanings:

“Benefit district”

means the Dublin Ranch East Side Storm Drain Benefit District, which includes the area described in Recital D of the ordinance codified in this article.

“Benefited property”

means a property within the benefit district which receives benefit from the construction of an improvement.

“Financing party”

means a property owner, developer, or governmental entity that is required to install improvements which benefit properties within the benefit district.

“Improvement”

is defined in Recital C of the ordinance codified in this article.

“Land use entitlement”

may include any of the following: a permit or approval granted by the city for the development of property, a conditional use permit, final subdivision map, a tentative subdivision map, a development agreement, a grading permit, and a site design review approval.

(Ord. 6-07 § 2. Formerly 7.74.260; Ord. 7-24 § 3)

Pursuant to Government Code Section 66483, the City Council hereby adopts the Engineer’s Report, attached to the ordinance codified in this article, as the local drainage plan for the benefit district.

(Ord. 6-07 § 3. Formerly 7.74.270; Ord. 7-24 § 3)

Pursuant to its authority under Government Code Section 66487, the City Council hereby creates the Dublin Ranch East Side Storm Drain Benefit District, a local benefit district consisting of the benefited properties labeled Parcels 1 through 11 as shown in Figure 4 of the Engineer’s Report, identified by their Assessor Parcel Numbers listed in Figure 6 of the Engineer’s Report, and those remaining portions of the benefit district referred to in the Engineer’s Report as the Dublin Ranch Drainage Shed.

(Ord. 6-07 § 4. Formerly 7.74.280; Ord. 7-24 § 3)

Upon the approval of a land use entitlement for any benefited property in the district, the owner, developer, or other person with an interest in such property shall be required, as a condition of approving the land use entitlement, to pay the applicable benefit charges for the property, as set forth in Figure 6 of the Engineer’s Report as thereafter adjusted for interest in the manner set forth below. Payment for a benefited property within the benefit area shall be required at the time the city approves any final or parcel map on that property or at the time the city issues a building permit on that property, whichever is earlier. To account for interest during the period between the completion of the improvements and the adoption of the ordinance codified in this section, the charges listed in Figure 6 of the Engineer’s Report shall be increased by amounts that would have been applied using the interest adjustment procedure described below, if the charges had been adjusted for interest each July 1st following the January 1, 2005, completion date of the improvements. These amounts are as follows: 1.87 percent for the July 1, 2005, adjustment; 3.42 percent for the July 1, 2006, adjustment; and 4.94 percent for the July 1, 2007, adjustment. Following the first such increase, each increase shall be applied to the previously adjusted benefit charge. Beginning with the interest adjustment to be effective July 1, 2008, the interest-adjusted benefit charges shall be increased automatically at the beginning of each fiscal year by the rate of return that the city earns from its local agency investment fund (“LAIF”). The annual increases will be calculated as follows:

A. On or about each July 1st, the City Finance Department will prepare a schedule setting forth the revised benefit charges for the particular fiscal year. Notwithstanding the foregoing, if the schedule has not been prepared for a particular fiscal year, the applicable fee shall nonetheless be based on the adjusted amount.

B. The adjusted benefit charges shall be determined by multiplying the benefit charge from the previous fiscal year by the average return earned by the State of California Local Agency Investment Fund (LAIF), calculated using the average of four (4) quarters ending the previous March 31st. (LAIF quarterly rates are typically not available until one (1) month following the end of the quarter.)

C. Example. The following example of the interest adjustment calculation is for illustrative purposes only:

1. Determination of Interest Adjustment Rate, July 1, 2007.

2. Amounts owed as described in this section would be increased July 1, 2007, by 4.94 percent provided they were paid prior to June 30, 2008. Unpaid amounts would be adjusted again each July 1st in the same manner.

(Ord. 6-07 § 5. Formerly 7.74.290; Ord. 11-08 § 1; Ord. 7-24 § 3)

With respect to facilities necessary to provide drainage to a benefits property that have already been constructed, are under construction, or are a condition of developing another property, no charge shall be levied on a benefited property if the financing party for those facilities has indicated in writing to the city that a credit should be granted to the owner of the benefited property. In that event, the total reimbursable owed to the financing party for facilities construction shall be reduced by an amount equal to such credit.

(Ord. 6-07 § 6. Formerly 7.74.300; Ord. 7-24 § 3)

Charges collected from owners of benefited properties shall be used to reimburse financing parties pursuant to a reimbursement agreement approved by the City Manager in accordance with Section 7.74.410.

(Ord. 6-07 § 7. Formerly 7.74.310; Ord. 7-24 § 3)

The City Manager is authorized and directed to record in Official Records of Alameda County a notice of establishment of benefit district in substantially the form of Exhibit B to the ordinance codified in this article identifying properties included in the benefit district with an appropriate map in order that owners of benefited properties shall be on notice regarding the benefits and obligations of the benefit district.

(Ord. 6-07 § 8. Formerly 7.74.320; Ord. 7-24 § 3)

The City Manager is hereby authorized to enter into reimbursement agreement with financing parties consistent with the terms of this article, Government Code Section 66485 et seq., and the adopted Engineer’s Report.

(Ord. 6-07 § 9. Formerly 7.74.330; Ord. 7-24 § 3)