HomeMy WebLinkAboutReso 185-05 Statewide Community Infrastructure Program
RESOLUTION NO. 185 - 05
A RESOLUTION OF THE CiTY COUNCIL
OF THE CITY OF DUBLIN
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AUTHORIZING THE CITY OF DUBLIN TO JOIN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM AND AUTHORIZING THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS FOR NON-RESIDENTIAL DEVELOPMENTS, CONDUCT SPECIAL
ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS WITHIN THE TERRITORY OF
THI!; CITY OF DUBLIN AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority (the "Authority") is a
joint exercise of powers authority the members of which include numerous cities and counties in the State
of California, including the City of Dublin (the "City"); and
WHEREAS, the Authority has established the Statewide Community Inrrastructure Program
("SCIP") to allow the financing of certain development impact fees (the "Fees") levied in accordance with
the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority
providing for the levy of fees on new development to pay for public capital improvements (collectively,
the "Fee Act") through the levy of special assessments pursuant to the Municipal Improvement Act of
1913 (Streets and Highways Code Sections 10000 and following) (the "1913 Act") and the issuance of
improvement bonds (the "Local Obligations") under the Improvement Bond Act of 1915 (Streets and
Highways Code Sections 8500 and following) (the "1915 Act") upon the security of the unpaid special
assessments; and
WHEREAS, the City desires to allow the owners of property being developed within its
jurisdiction for non-residential purposes (e,g, commercial and industrial uses) to participate in SCIP and
to allow the Authority to conduct assessment proceedings under the 1913 Act and issue Local Obligations
under the 1915 Act to finance Fees levied on such properties, provided that such property owners
voluntarily agree to participate and consent to the levy of such assessments; and
WHEREAS, in each year in which eligible property owners within the jurisdiction of the City
elect to participate in SCIP, the Authority will conduct assessment proceedings under the 1913 Act and
issue Local Obligations under the 1915 Act to finance Fees payable by such property owners and, at the
conclusion of such proceedings, will levy special assessments on such property within the territory of the
City;
WHEREAS, there has been presented to this meeting a proposed form of Resolution ofIntention
to be adopted by the Authority in connection with such assessment proceedings, a copy of which is
attached hereto as Exhibit A (the "ROI") and the territory within which assessments may be levied for
SCIP (provided that the owner of any property subject to assessment consents to such assessment) shall
be coterminous with the City's official boundaries of record at the time of adoption of each such ROI (the
"Proposed Boundaries"), and reference is hereby made to such boundaries for the plat or map required to
be included in this Resolution pursuant to Section 10104 of the Streets and Highways Code; and
WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the
levy or collection of assessments or any required remedial action in the case of delinquencies in such
assessment payments; or the issuance, sale or administration of the Local Obligations or any other bonds
issued in connection with SCIP; and
WHEREAS, pursuant to Government Code Section 6586,5, notice was published at least five
days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City
Council concerning the significant public benefits of SClP and the financing of the public capital
improvements to be paid for with the proceeds of the Fees,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows:
Section I. The City hereby consents to the conduct of special assessment proceedings by the
Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under
the 1915 Act on any property within the Proposed Boundaries designated for non-residential
development; provided, that
(I) Such proceedings are conducted pursuant to one or more Resolutions of Intention In
substantially the form of the ROI; and
(2) The legal owner( s) of such property execute a written consent to the levy of assessment in
connection with SCIP by the Authority and execute an assessment ballot in favor of such assessment in
compliance with the requirements of Section 4 of Article XlIID of the State Constitution.
Section 2. The City hereby finds and declares that the issuance of bonds by the Authority in
connection with SCIP will provide significant public benefits, including without limitation, savings in
effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient
delivery of local agency services to commercial and industrial development within the City.
Section 3. The Authority has prepared and wil1 update rrom time to time the "SClP Manual of
procedures" (the "Manual"), and the City will handle Fee revenues for properties participating in SCIP in
accordance with the procedures set forth in the Manual provided, however, that nothing in the Manual or
other procedures implemented by the Authority shall (a) prevent or prohibit the City from imposing
and/or collecting rrom the property owner/developer all development impact fees established by the City
at the time a building permit is issued by the City or (b) shall require the City to accept less than the total
amount of development impact fees imposed by the City at the time a building permit is issued by the
City.
Sectio.!!..ß: The appropriate officials and staff of the City are hereby authorized and directed to
make SCIP applications available to all non-residential property owners who are subject to Fees for new
development within the City and to inform such owners of their option to participate in SCIP; provided,
that the Authority shall be responsible tor providing such applications and related materials at its own
expense. The staff persons listed on the attacbed Exhibit B, and any other staff persons chosen by the
City Manager from time to time, are hereby designated as the contact persons for the Authority in
connection with the SCIP program,
Section 5. The appropriate officials and staff of the City are hereby authorized and directed to
execute and deliver such closing certificates, requisitions, agreements and related documents, including
but not limited to such documents as may required by Bond Counsel in connection with the participation
in SCIP of any districts, authorities or other third-party entities entitled to levy and collect fees on new
development to pay for public capital improvements within the jurisdiction of the City, as are reasonably
required by the Authority in accordance with the Manual to implement SCIP for non-residential property
owners who elect to participate in SCIP and to evidence compliance with the requirements oftèderal and
state law in connection with the issuance by the Authority of the Local Obligation and any other bonds for
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SCIP. To that end, and pursuant to Treasury Regulations Section 1.150-2, the staff persons listed on
Exhibit B, or other staff person acting in the same capacity for the City with respect to SCIP, are hereby
authorized and designated to declare the official intent of the City with respect to the public capital
improvements to be paid or reimbursed through participation in SCIP.
Section 6. This Resolution shall take effect immediately upon its adoption. The Clerk of the City
Council is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of
the Authority.
PASSED, APPROVED AND ADOPTED on this 20th day of September, 2005, by the following
vote:
AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTES\
lU\N~~ 1
Fawn Holman, City Clerk
J
(nCC-MTGS\2005-qt<J\Sept\09-20.05\r.'" Is5-05 SCIP.OOC (Item 6.4)
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EXHIBIT A
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE THE PAYMENT
OF DEVELOPMENT IMPACT FEES FOR PUBLIC IMPROVEMENTS IN THE
PROPOSED ASSESSMENT DISTRICT NO. (CITY OF DUBLIN,
CALIFORNIA), APPROVING A PROPOSED BOUNDARY MAP, MAKING
CERTAIN DECLARATIONS, FINDiNGS AND DETERMINATIONS
CONCERNING RELATED MATTERS, AND AUTHORIZING RELATED
ACTIONS IN CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the "1913 Act"),
being Division 12 (commencing with Sections 10000 and following) of the California Streets and
Highways Code, the Commission (the "Commission") of the California Statewide Communities
Development Authority (the "Authority") intends to finance, through its Statewide Community
Infrastructure Program, the payment of certain development impact fees for public improvements as
described in Exhibit A attached hereto and by this reference incorporated herein (the "Improvement
Fees"), all of which are of benefit to the proposed Assessment District No. (City of Dublin,
California) (the "Assessment District"); and
WHEREAS, the Commission finds that the land specially benefited by the Improvement Fees is
shown within the boundaries of the map entitled "Proposed Boundaries of Assessment District
No, (City of Dublin, California)," a copy of which map is on file with the Secretary and
presented to this Commission meeting, and determines thaI the land within the exterior boundaries shown
on the map shall be designated "Assessment District No. (City of Dublin, California)";
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide
Communities Development Authority hereby finds, determines and resolves as follows:
l. The above recitals are true and correct, and the Commission so finds and determines.
2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 (the "1931 Act"), being Division 4 (commencing with Section 2800) of the California
Streets and Highways Code, the Commission hereby declares its intent to comply with the requirements
of the 1931 Act by complying with Part 7.5 thereof.
3. The Commission has or will designate a registered, professional engineer as Engineer of
Work for this project, and hereby directs said firm to prepare the report containing the matters required by
Sections 2961(b) and 10204 of the Streets and Highways Code, as supplemented by Section 4 of Article
XIIID of the California Constitution.
4. The proposed boundary map of the Assessment District is hereby approved and adopted.
Pursuant to Section 3111 of the California Streets and Highways Code, the Secretary of the Authority is
directed to file a copy of the map in the office of the City Recorder of the City of Dublin within fifteen
(15) days of the adoption of this resolution,
5. The Commission determines that the cost of the Improvement Fees shall be specially
assessed against the lots, pieces or parcels of land within the Assessment District benefiting rrom the
payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots,
pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of
land, respectively, ITOll the payment of the Improvement Fees,
6. The Commission 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 rrom time to time by the
Authority and not otherwise reimbursed to the Authority which result ITOll the administration and
collection of assessment installments or rrom the administration or registration of the improvement bonds
and the various funds and accounts pertaining thereto.
7, Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve
percent (12%) per annum, wîl1 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 thirty (30) years ITom the second day of September next succeeding twelve (12) months ITom their
date,
8. 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 ofCaJifomia.
9, Neither the Authority nor any member agency thereof will obligate itself to advance
available funds rrom its or their own funds or otherwise to cure any deficiency which may occur in the
bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such
member agency from, in its sole discretion, so advancing funds.
10. The amount of any surplus remaining in the improvement fund after completion of the
improvements and payment of all claims shall be distributed in accordance with the provisions of Section
10427.1 ofthe Streets and Highways Code. .
II. To the extent any Improvement Fees are paid to the Authority in cash with respect to
property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts
so paid shall be reimbursed rrom the proceeds of the bonds to the property owner or developer that made
the payment.
EXHmIT B
CITY OF DUBLIN CONTACTS FOR SCIP PROGRAM
Primary Cootad
Name: Richard C. Ambrose, City Manager
Title: City Manager
Mailing Addrcss: 100 Civic Plaza, Dublin, CA 94568
Delivery Address (if different):
E-mail: ®.J)1~W)g~.¡ìici.dublin.ca.us
Telephone: 925-833-6650
Fax:
925-833-6651
Secondary Contact
Name: Christopher L. Foss
Title; Economic Development Director
Mailing Address: 100 Civic Pla23, Dublin, CA 94568
Delivery Address (if different):
E-mail: Chris.Foss@ci.doblin.ca.us
Telephone; 925-833-6650
Fax: 925-833-<i65 J