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STAFF REPORT CITY CLERK
DUBLIN CITY COUNCIL File # El TA a.FQ
DATE: December 21, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC . Inclusion of Multi -Family Residential Projects in the City of Dublin's Participation in
Statewide Community Infrastructure Program (SCIP)
Prepared By: Linda Maurer, Economic Development Director
EXECUTIVE SUMMARY:
The City Council will consider rescinding, replacing and restating the City's participation in the
Statewide Community Infrastructure Program (SCIP) to include financing of certain City impact
fees for multi -family residential development.
FINANCIAL IMPACT:
None at this time.
RECOMMENDATION:
Staff recommends that the City Council adopt the proposed Resolution of the City Council of
the City of Dublin Rescinding, Replacing and Restating Resolution No. 185-05 thus Continuing
the Authority for the City to Participate in the Statewide Community Infrastructure Program;
Authorizing the California Statewide Communities Development Authority to Accept Applications
from Property Owners, to Conduct Special Assessment Proceedings and to Levy Assessments
within the Territory of the City of Dublin; and Authorizing Related Actions.
Submitted By Repbiew d By
Economic Development Director Assistan y Manager
Page 1 of 3 ITEM NO: CP °
DESCRIPTION:
Background ~
On September 20, 2005, the City of Dublin adopted Resolution No. 185-05 (Attachment 1)
authorizing the City of Dublin to join the Statewide Community Infrastructure Program ("SCIP").
SCIP was instituted in 2002 by the California Statewide Communities Development Authority
("CSCDA"), a joint powers authority sponsored by the League of California Cities and the
California State Association of Counties.
The SCIP program allows owners of property in participating cities and counties to'finance the
development impact fees that would be payable by property owners upon receiving
development entitlements or building permits. The program currently allows the City of Dublin
to provide a no-cost economic development incentive to attract. non-residential projects
(commercial and industrial development) and provides developers with low-cost, long-term tax-
exempt financing of those fees. Since the program's inception, two (2) Dublin projects have
participated in the SCIP program. The projects include the Venture Professional Center (corner
of Dublin Blvd. and Clark Ave.) and the General Motors dealerships on John Monego Court.
The SCIP program allows for the payment of certain City development impact fees: Public
Facilities (Community Parks, Community Parks Improvements, and Neighborhood Parks
Improvements), Freeway Interchange, Traffic Impact, and Tri-Valley Transportation
Development fees. The program does not allow for the payment of the following City fees:
Public Facilities (Libraries, Civic Center, and Aquatic Center), Fire Impact Fees, or the
Affordable Housing Inclusionary In-Lieu Fee.
Following the City's lead, the Dublin San Ramon Services District (DSRSD) joined the SCIP
program in 2006 and permits certain DSRSD fees to be financed over time. The SCIP program
will not allow bond proceeds to pay Zone 7 development fees as that agency has not elected to
participate in the SCIP program.
Addition of Multi-Family Residential to the SCIP Program
When the program was adopted by the City of Dublin in 2005, the Staff did not recommend the
SCIP program for residential development projects. At that time, there was a concern about
individual homeowners being required to pay the development impact fees through the
assessments on their property. ~ .
Since the time of the program's adoption, the housing market has softened and it has become
increasingly difficult for residential developments to access the necessary construction funding.
Staff has been approached by residential developers, particularly those involved in the
development of multi-family residential projects, to consider the expansion of . the City's
participation in the`SCIP Program to also include residential projects.
Staff evaluated the pros and cons of adding residential development projects, including the
initial concerns raised in 2005, and brought an item back to the City Council for consideration
on August 17, 2010 (Attachment 2). Staff's recommendation was to include only multi-family
residential projects, as opposed to single-family residential projects, because. of issues relating ~
to the timing and implementation of single family construction, as well as concerns about
perceived inequities in property assessments.
Over the past few months, Staff has been working with the legal counsel for the SCIP Program
to modify the City;s participation and has been working collaboratively with DSRSD to expand
Page 2 of 3
their definition to include multi-family residential projects as well. DSRSD took action, on their
proposed change in November 2010 to expand their participation to include multi-family
development projects.
If a developer of a multi-family residential project chooses to participate in the SCIP financing
program, the purchaser of the residential unit will be informed of the special assessment on the
property at the time of purchase. To illustrate, the City fees eligible for SCIP financing on a
condominium unit are approximately $18,000. Including assessment fees, such as legal and
underwriting costs, the assessment on the property would be approximately $20,300. The debt
is structured over 30 years and the one year of debt service is financed and held in reserve.
The property owner would pay over a 29-year period an annual assessment of approximately
$1,390, which would be collected with the property tax bill. The property owner may pre-pay
assessments however there are sometimes additional premiums that must also be paid. All of
the administration of the tax liens and repayment of the bonds is handled by the California
Statewide Communities Development Authority and not the City.
The proposed resolution (Attachment 3) rescinds, replaces and restates Resolution No. 185-05
to include SCIP financing for multi-family residential projects or a combination of non-owner
occupied multi-family residential and non-residential structures.
Staff believes that the extension of SCIP financing to multi-family residential development will
ease the financing burden for residential development and could help stimulate future
residential development.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Hearing Notice was placed in the Tri-Valley Herald on December 16, 2010
ATTACHMENTS: 1. Resolution 185-05
2. August 17, 2010 City Council Staff Report
3: Resolution of the City Council of the City of Dublin
Rescinding, Replacing and Restating Resolution No.
185-05 thus Continuing the Authority for the City to
Participate in the Statewide Community Infrastructure
Program; Authorizing the California Statewide
Communities Development Authority to Accept
Applications from Property Owners, to Conduct Special
Assessment Proceedings and to Levy Assessments
within the Territory of the City of Dubl,in; and
Authorizing Related Actions.
Page 3 of 3
i~ ~ ~
[iESOLTJ'a'[UN NO.185 - (IS
A It~S~LUTION ~F THE Cl'I'~ COUNCIL
o~ m~ crrY a~ uusLUv
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AUTHC1RTZlNG THE CITY ~F DUBLIN TO JOIN THE STATEW~riE CON~MUN7'I'Y
iNFRASTRUCTURE FR~GRAM AND AUT~iORiZING TAE CALIFDRNIA- STATEWIDE
~OMMUNTTIES DEVELOPMENT AU'I'FICIRITY TU ACCEPT APPI.ICATIQNS FR4M ,
FRQPERTY DWNERS FOR ~YON-RESIDEN'I`IAL DEVELQPMENTS, CONDUCT SP~CIAL
ASSESSM~~T"i' PRQ~EEDIlY~S AND LEVY A55~SSMENTS WITHYN '~'l3E TERR~'I'QRY UF
TH~ CITY OF DUBLIN AND AUTHURIZING R~LATED ACTIUNS
WHEREt#~S; the CalifQrnia Statewide Gotnmunities Y?evelopment Authority (the "Authority"} is a
joint exercise nf powers authority the members_of whiclt incl~ude numeraus cities and counties in #he State
af C~lifornia, including the City of Ilublin (th~ "Cityn); and
WHEREAS, the AuthQrity has established the StaLewide Comimunity Infrastructure Program
("SC~P"} to allow the ~inancing vfcertain developmetyt impa+Gt fees {the "Fees") levied i~- accordance with`
the Mitigation Fee Act (Ca~i~ornia Gpvernment Code Sections 6~i004 and foliowing) and other sirthority
providir~g for the levy of fees un new development to gay for public capital im~rovem~nts (collectively,
the "Fee Act") through the levy of special assessments pursuant to the Municipal Impravement Act of
1913 (5treets ~d Highways Code Sections 100U0 and following) (the "1913 Act") and the yssuance of
improvem~nt bonds (the "Loca1 Obii~ati~ns") ualt~er the lmprovement Bond Act of 1~15 (Streets and
Highways ~ode Sections $SQ~ and f~llawing) (the "19l 5 Act") upon the security of the unp~id special
agsessments; and
WHEREAS, the City desires to allc~w the owners of pro~eriy being developed within its
jurisc~iction for non-residential purposes (e.g. com~nerci~l and i~ndustrial uses) to participate in SCIP ar~d
t~ allow the Authority to canduct assessment proceedings under the 1913 Act and issua Local Obligations
under the 1915 Act to finance ,Feea ]evied on such properties, provided that such prc~perty owners
voluttt~rily a~'ee to participat~ and consenC to the levy of such assessments; and
WHEREA-S, in each year in which etigible property owners within the j~risdiction of the City
elect to participate in SCIP, the Authority will conduct assessment proceedings un3er the 1913 Act and
issue La~a! Obligations under the 1915 Act to finance Fees payahle by suc~ property owners and, at the
conclusion of such prac,eedings, will levy sp~ci~I assessments on such property within the territory of the
City;
W HEIi~EAS, there has beer presented to this meeting a proposed forn~ af Resolution of Intention
to be adopted by the Autharity in connection with suoh assessment proceedings, ~~opy of which is
attached heretQ as F.ahi~it A{tk~e °`RQl") and the territdry within which assessments may be levied for .
SCIP (pravided that the owner o~' any property subject to assessment consents to such assessmcnt) sh~ll
be coterminous with the City's offic~al boundaries of'record at ths tune of adoption of each s~,icti RQI. (the
"1'ropased B~undaries"), and reference is hereby made to such bous~daries for the plat or ~ma~ r~quired to.
be included in ~his Resalutios~ pursuant ta Section 10104 of the Stre~s and Hig,hways Code; and
W1~EREAS, the City will not lie responsible for the eonduct of any Assessment proceedings; th~~
l~vy or ~llection of assessments or ~ny reyuired remedia.l ~ction in the c~se of delinquencies in such
assessment payments; or the issuance, sa~e or administration ot the Local Obligations or any other bond~ ___
issued in connection with SCIP; and -
. 1~~~~0~~ ~~ ~
' ATTACHMENT 1
~~ ~ \
VirHEREAS, pursuarrt to Gavemment Code Section 65.86.5, nc~tice was published at least five
days prior to the adoption af this resolution ~t a public hearing, which was dul}~ ccmducted by this City
~Cauncii c~ncerning the signi~cant ~ub~ic ben~efits of SCLP and the financing af the publi~ capital
improvernents to be paid for wi#h the groceeds of the Fees,
N+(~W, 7'HEREFO~, BE TT RE$U~,VED by the City Council of the City of Du61in as follaws:
ction l: T7~e City hereby consents to th~ conduct of special assess~nent praceedings by the
Authority in connection with SC]P pursua.nt to the 1913 Act and t~e issuance af Local Obligations under
the 1915 Act on any property within the Proposed Baundaries design~ted for non-residential
development; provided, that
(1) Such proceedin,gs are conducted pursu~t to one or more Resolutions of Inte~tion in
substantially the form ofthe RQI; and
(2) The legsl owner(s) of such property execute a writte~ consent to the levy of assessment in.
connection with SCTP by the Authority and esecute an assessment ba~lot in far~or of such ass~ssment in
~ompli~nce with the requirements af Section 4 of Articie X11rp ofthe State Ganstitution.
ectian 2. The City hereby finds and declares that th~ issuance of bonds by the Authority in
~onnection with SCiP will prov~de significam pubiie benefits, including without limitation, savir~gs in
effective interesx rate, bnnd preparation, ~ond t~n~erwritittg and bond issuance costs and the more efficicnt
delivery oi'local agency se~'vices to commercial and industrial de~elopment within the City_
S~ction 3. The Authorit~ has prepared and will update from ti~ne to time. the "SGiP Manual of
Procedures" {the "Manua~"), and tEte City will h~ndle Fee revenues fflr properties participating in SCIP in
accordance with #he procedures set f~rth ia the Manual provided, hawever, th~t not?ung in the IVlanu~l or
oiher pracedures impletnented by the Authority shall (a) prevent or prahibit the City £ron3 impasyng
azidlor collecting frorn the propert~ owner/develuper all development irnpact fees estatylisk-ed by the City
at the tizt~e a buiiding perr~lit is issued by the City or (b) shall rec~uire the City t~ aceept less than the total
amount of develaptnen~t impact fe~s imposed by the City at the ta~rne a building pe~mit is issued by the
City.
Section 4. 'I'he appropriate officials a-nd staff' of the City are herehy authorized and directed t~
make SCIF applicati~ns available to ~11 non-residen#i~l progerty owners who gre~subject to Fees f~r new
development within tne City and to infarm such avvners r~f theu aption to participate in SCI~; provided,
that the Authnrity ahall be responsible #or providiug such applit~tions and relateci rn~teri$ls at its own
expense. The sta~ persons listed an the attacbed E~hibit B,_ and any other staff persons cho5en by the
City 1V7.anag~r from time ta time, are hereby designated as the canta~t per~ons for the Authority in
connection with the SC1F program,
Se ron 5. Th~ appropriate o~cials and staf~ of th~ City are ~ereby authorized and directed ta
execute ar-d deliver such clasing certificates, requisitipns, agreements and related documents, including
but not limited to such dacurnents as may required 6y Bond Counsel in eonneci~on with the participatio~
in SCIP of any di~t~'icts, autharities or other third-party entitaes entitled to levy and collect fees on new
development to p~y for public capital improvemettts within the jurisdiction of the City, as are reasona~ly
required l~y the Authority in acc~rdance with the. Iv~anual to implement SCIF for non-residentis.l property
owners who elect to participate in SCIP and to evidenc~ compliance with the requirements af federal and
state law in connection wi#~ the issuance by the Authority af tlie Loc~-1 Ubli~ation and any other bonds #'ar
2
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SCTP_ To that end, and pursuant to Treasury Regulatio~s Section l_ 150-2, the staff persans listed on
Exhibit ~, or other staf~ person actin~ in the same capacity for the City with respe~t t~ SCll', are hereby
authorized and designated t~ deciaze the off'icial i~tent of the City with respect to the public capital
improvements to be paid or reimbursed through participation in SCIl'.
Section b. This Resolution shall take effect immediately upon its adoption_ The Clerk of th~ City
Council is hereby authorized and directed to traz~smit a certi~ed copy of this resolution to the Secretary af
the Authority. ~
PASS~D, AFPRQVED AND ADOPTEU on this 20`" day of September, 2005, hy the following
vote: -
AY~S: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lackhart
NOES: None
A.BSENT: Nane
AB$TAIYY: None
~
Mayor Janet Lockhart
ATTEST:
Fawn Holm~n, City Clerk
c;:~c.c.-hrres~zoos~u:~LS~-wg-ZO-0s~e~o ~ks-os scir.DOG (ltcm G.4)
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EXH~6I'T` A
Fo~en~r o~' ~sar, v~~o~v o~ r~vrEx~IVx
TQ BE ADDPIED BY CSCDA
R~SOLUTfUN O-F IIVTE.IVTION OF THE CALik'QRI~TYA STATE'WID~
COMMLTN~TIES DEVELO~'I~IENT AUTHORI'I'Y 'Y'O FiNANCE THE PAYMEN'~'
QF DEVELQPMENT IlVI~'ACT ~'EES FUR PUBL~C IM.PROVEMENTS IN'TI3E
PRQPOSED ASS~SSMENT DISTRJC`I' NO. (CITY OF UUBL~,
CALIFORIYIA,), APPRQV~NG A PROPQSED BOUNDARY MAP, MAKING
CERTAIN DEC1~A~.7'TUNS, F[KDIN'GS AND ~3ETERIVIIN.ATIONS
CpNCERNYNG ~ELATED MAT'~ERS, AND A,iJTliORIZING RELATE:~
A,CT7(aN51N CONNECTION THEI2EWITii
WHEREAS, txnder the autharity of the Municipal Improvement Act of 1913 (tlie "1913 Act"),
beitig Division 12 (commencing with Sections 10000 and foll~win~) o~ the California Streets and
Highways Code, the Commissian (the "Commission"} of the California Statewide Communities
Development Autharity (the "Authorit}~') intends to finance, through its Statewide Community
ln&astructure Frograrn, the payment of certain development inrapact fees fo~ public improvements as
described in Exhibit A attached hea'eto and by this referen~e incorparated herein (the "Improvement
Fees"}, ~11 of w~ich are o~ benefit to the propos~d AssesSment District ~To. {City o'F Dublin,
California) ~the "Assessment District"}, amd
WI-~REAS, the Commission finds that the land specially benefited by the lmprovement ~'ees is
shown withir~ the boundaxies of the ma~ entitled "Praposed Boundaries of Assessment District
~To. ~(City af IDubliri, California)," a Gopy of which map is on file wit}~ the Secretary and
presented ta this Commission meeting, a~d deterrnines that the land within the exteriar boundaries shown
~n the rnap shal9 be designated "A.ssessment Uistrict No. _(City af Dublin, California)";
NOW, THEREFpRE, ~~ FT R~SOLVED that the Commission of the California Statewide
Communities bevel~pment Autharity hereby finds, determines a~nd resoives as ~'ollows:
The abo~e recitals are true and correct, and the Commission so finds and detern~ines.
Z_ Pursuant to Section 2961 of the Specia.l Assessment Investigatio~ Limitation and Maj~rity
Protest Act of 1931 tthe "193 ~ Aet"), being Division 4(cortaznencing with Section 2800) af the California
Streets anci Highways Code, the Commissior~ hereby declares its intent to cornply with the rec~uirements
of the I931 Act by complying with Fart 7.5 thereof.
3. The Commission has ar will designate a registered, ~ro~'essional engineer as Engineer of
Wark far this proj~cf, and hereby directs s$id ~irm to prep~re the repvrt containing the matters required by
Sections 2961(b) and 10204 of the Streets and Highways Code, as snpplemented by Section 4 of .4rticle
~IID ofthe Califomia Cor~stitution.
4. The praposed bau~dary map of t~e Assessment District is hereby approved and adopted.
Puxsuant to Section 3111 of the Califoraia Streets and Highways Code, the Secretary of the Aut~tority is
directed to fiie a copy of the ma.p in t~e offtce of the City Recorder of the City of ~ublin within ~ifteen
(15) days o~'the adoption ofthis rESalution.
~~~~
5, The Commission determines that the cdst of the Imiprovement Fees shall be specially
assessed ag~inst the lots, pieces or parc.els of land within the Assessment District bene~iting from the
payme~t ofthe Tmprovement k'ees_ The Comtnisaian intenda to levy a special assessment upon such lots,
pieces oX parcels in acco~rdance with the special bene~t to $e received ~y each such lot, pier.e or parael af
lz~nd, respectively, from the payment of t~e, ~nnprovement Fees. ,
6. The Cornmission intends, pursuattt ta subparagr~ph (~ of Sectian 10204 o~'the Califarnia
Streets and Highways Code, to provide for an annual~ assessment upon each of the parcels of land in the
propoaed assessment distr-ict to. pay various casts and expenses incurred £rom time to time by the
Autharity and not otherwise reimbursed to the Authtarity which result fram t~e administratian ~and
collection af ~ssessment iz~stallments or from the adm~~nistration or registration of the irnprovernent bonds
~nd the various funds an~d accounts ~ertaining thereto.
7. Bonds representing unpaid assessments, ~tnd bearii~g interest at a rate not to exceed twelve
percent {1~%) per annum, will be issued in the manner provided by the Impravement Bond Act of 1915
(bivisia~ l4, Streets and Highwa.ys Code), and t,he last installment of the botads shall mature not to
exceed thirty (3Q) years'from the secand day af September next succeediz~g twelve (12) mant~s frc~m their.
date.
$. The procedure for the collection of assessme~tts and adva~tce re~irem~nt of bonds u~der the
Irnprovement Bond Act of 1915 shall be as provided in Fart 11.1, Division 14, of the Streets and
Highways Code of the State of Gatifornia. ~
9. Neither the Aut~ority nor any member a~ency thereof will obligate itself to ~dvance
available fit~tds from its or their awn fui~ds or otherwise to cure any de~icienc~ which may o~ur in the
bond redernption fund. A determination not to obligat~ itseYf shall not prevent the Authority or any such
member agency fro~ in its sale discret~an, sd advancing funds. ~
].Q. 1he amo~nt of any surplus remaining in the improvement fund after completion of the
improvefnents and paymer~t of all clairnis shall be distributed in accordance with the prvvisions of Section
10427.1 of the Streets and Hi~hways Cade,
1 i, To the exterrt any Improvement ~'ees ~re paid to the Authority in cash with res}~ect to
property within the proposed Assessr~r~ent District prior to the date af issuance of the 6oncis, the amounts
so paid shal~ be reimbursed from the praceeds af t~e bonds to the property owner dr developer that mad~
the gayment. ~
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CiTY OF b17BLIN CONTACTS F~R SC~P PROGRAM
Primary Contact
Nan~e: Ricltard G Ambrose, City Manager
Tifle~ City MAnager
Mailing AddrCSS: ~ 140 Gvic Plaza, Duhlir4 CA ~45b8
DeI1Yet'y AddrCSS (if dlfferent);
E-mail: ~~~Ynalla ~er~iisci. dublin, ra.zis
T~lephonc: 925-83 3-Gfi50
~'~ryx: 925~833-6Ci51
Secondary Contact
Name: Christophet I.,. F~sS
Tifle; ECOnamic Devel~pme~t Dirtctar
M~iling Address: 1t1E1 Civic Pl~a, Dubl.iq CA 94568
Delivery Address {~ different):
E-xn~il: Chris.Foss(i~,ci.dubiin.eh.as
Telephone: 925-g~3-6650 .
F~x: 9?5-$33~a6~ ]
G~~.~ OF Dp~~~ ~ ~ ~ I
~
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```~~~~/ STAFF REPORT C ~ T Y C L E R K
c~~~,~ s DUBLIN CITY COUNCIL File #^ 30~~-0~
DATE: August 17, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager .
SUBJEC : Consideration of amending City of Dublin's participation in the Statewide
Community Infrastructure Program (SCIP) to include Multi-Family Residential
Development
Prepared By: Linda Maurer, Economic Development Director
EXECUTIVE SUMMARY:
The City Council is being asked to provide Staff direction relative to the potential amendment of
the City's participation in the Statewide Community Infrastructure Program (SCIP) to include
multi-family residential development.
FINANCIAL IMPACT:
None at this time
RECOMMENDATION:
Staff recommends that the City Council provide Staff with direction on the potential amendment
of the City's participation in the Statewide Community Infrastructure Program (SCfP) to include
multi-family residential development. -
~~ `aci
C~ _ Submitted Byl
Economic Development Director
Revie re By
Assistant City Manager
Page 1 of 3 ITEM ~
ATTACHMENT 2
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DESCRIPTION:
The California Statewide Communities Development Authority ("CSCDA") is a joint powers
authority sponsored by the League of Cafifornia Cities and the California State Association of
Counties. At this time, over 500 cities, counties and special districts are members of the
CSCDA, including this City. There are 30 SCIP Cities and Counties, including the City of
Livermore.
The Statewide Community Infrastructure Program ("SCIP") was instituted by CSCDA in 2002 to
allow owners of property in participating cities and counties to finance the development impact
fees that would be payable by property owners upon receiving development entitlements or
building permits. If a property owner chooses to participate, the development impact fees owed
to the City will be financed by the issuance of tax-exempt bonds by CSCDA. CSCDA will- -.
impose a special assessment on the owner's property (bonds typically have a 30-year term) to
repay the portion of the bonds issued to finance the fees paid with respect to the property. The
debt service payment is transferred from the developer to the subsequent property owner {once
the property is developed). The property owner will either pay the impact fees at the time of
permit issuance, and will be reimbursed from the SCIP bond proceeds when the SClP bond is
issued, or the fees will be prepaid to the City from the proceeds of the SCIP bonds. In this way,
the City is never at risk for the receipt of the impact fees.
On September 20, 2005, the City of Dublin adopted Resolution No. 185-05 authorizing the City
of Dublin to join SCIP (see Attachment 1). The program allows the City of Dublin to provide a
no-cost economic development incentive to attract commercial and industrial businesses and
provides developers with low-cost, long-term tax-exempt financing of those fees. The SCIP
program allows for the payment of certain City development impact fees: Pubfic Facilities
.(Community Parks, Community Parks Improvements, Community Buildings, and Neighborhood
Parks Improvements), Freeway Interchange, Traffic Impact, Tri-Valley Transportation, and
Noise Mitigation. The program does not allow for the payment of the following City fees: Public
Facilities (Libraries, Civic Center, and Aquatic Center), Fire Impact Fees, or the (nclusionary In
Lieu Fee. The Dublin San Ramon Services District (DSRSD) joined the SCIP program in 2006
and permits certain DSRSD fees to be financed over time. The SCIP program will not allow
bond proceeds to pay for School District or Zone 7 development fees. ~
At this time, two (2) Dublin projects (Venture Professional Center and the Hummer/Saturn/Saab
dealerships) have participated in SCIP financing.
When the program was adopted in 2005, Staff recommended that the program be made
available to commerciaJ/industrial developments but did not recommend the program for any
residential developments as Staff was concerned about the potential for individual homeowners
being required to pay the.development impact fees through the assessments on their property.
Since the time of the program's adoption, the housing market has softened and it has become
more difficult for residential developments (including multi-family) to access the necessary
funding. Staff believes that the availability of SCIIP financing for multi-family residential
developments would be beneficial to interested developers.
Staff_feels that there are benefits to both the City and the property owner to~extend the program
to multi-family residential developments. The benefits include (but are not limited to):
Page 2 of 3
CfTY Benefits
~ The City is not liable for the repayment of the bonds issued by CSCDA or the
assessments imposed on the participating properties.
• Little City staff time is required to administer the program, as CSCDA handles all
functions related to the bond issuance, etc.
• This type of tax-exempt financing helps cushion the impact of rising development impact
fees on property owners.
• The availability of financing could encourage developers to pull permits which would
provide the City with immedia#e access to development impact fee revenues.
PROPERTY OWNER Benefits ~
• Only property owners who choose to participate in the program will have assessments
imposed on their property.
• Instead of paying cash for development impact fees, the property owner receives low-
cost, long-term tax-exempt financing for these fees, thus freeing up much-needed capital
for other purposes. ~
• The property owner can choose to pay off the special assessments at any time.
• For home buyers, paying the costs of the public infrastructure through a special
assessment is superior to having those costs "rolled into" the cost of the home. While it
might increase the property tax bill, the amount of the home buyer's mortgage would be
smaller, making it easier to qualify. .
• Owners of smaller residential projects can have access to tax-exempt financing of
infrastructure. ~
~
The potential SCIP financing could however, ptace a future tax assessment on future multi-
family residential home buyers. While future home buyers will be apprised of the SCIP
assessments at the time of the purchase, they could have subsequent questions about the
assessment lien on their property. Those questions would be answered by the Alameda
County Assessor, rather than the City, as it is an assessment on the property. In addition, the
homeowners of the first residential project developed under SCIP financing would be paying an
assessment unlike any other development in Dublin.
Staff believes that the extension of SCIP financing to multi-family residential development will
ease the financing burden for residential development and could help stimulate. future mult-
family residentia! development.
The Economic Development Ad-Hoc Committee discussed this issue at its June 28, 2010
meeting and recommended the amendment for consideration by the entire City Council.
NOTlCING REQUIREMENTS/PUBLtC OUTREACH:
Not applicable.
ATTACHMENTS: 1. September 2005 Staff Report (w/out attachments}
_ Page 3 of 3
l~ n~2 I
CITY CLERK
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AGENDA ~7'A~'~NlENY ~ ~
CITY GOllIdCIL MEETING ~ATE: September 20, 2Q05 v~ i__
S[IBJECT: Pi1BLIC HEA.RiIYG: Authorizataon for City of Dublin to join the
Statcwide Community I~zfrastructure Program (SC1p}
RePort Prepared by: Christopher t. Fnss
Economic Develv~ment Direc.tor
ATTACHIVIENTS: 1. SCTP Program Inforrnation
2. Proposed 12esotutio.n
REC~NTMEN~DA'rION: 1. Qpen Public Hearing
~J~~(~/ Z. Receive StaffPreseniation and Public Testunany
~.Y " 3• Question Staff and Public
4. Close Public Hearing and Deliberate
5. Adopt the proposed resolutian authorizing the City of Dublin
to join the Statewide Community infrastructure Program.
FINANCIAL STATEMENT: Narie. ~
bESCRIPTION: The California Statewide Communities ]]~velppment Authority ("CS,CDA")
is a joint powers authorit~ spo.nsored by the League of C~lifomia Cities and the Califarnia Slaie
Asso~iation of Cou~ties. The mernbcr agencies of CSCDA ~nclude approximately 230 cities aztd 54
counties throughout Galifornia, including the City of J~ublin.
The Statewide Comrnunity Infrastructura pro~ram ("SCIP") was instituted by CSCAA in 2002 tfl allow
owners af property in particip~ting citres and counties to finance the development impact fees that would
be payable b~ property owners upon receiving develc~prnent entitlernents or building permits (see
Attachment 1). lf a properiy owner chopses to participate, the development irnpact fees owed to the City
of Dublin will be financed by the issuance of tax-exempt bonds (current interest rate: 5.25°/a) by CSCDA.
GSCDA will impose a speczal assessment on the owner's property ta repay the portion of the bonds issued
to finance the fees paid Wrth respcct to the property. The property owner will either pay the iznp~ct fees at
thc time of pennit issuance, and will be reirnbursed from the SC7P bond prpceeds when. the S~iP bonds
are issued, or the qua.lifyin~ impact fees will be paicl, at the time af the building pernaat is~uance, directly
to the City of Dubiin from the proceeds af the SCIP bonds, If the imp~~t fees increasc from the ti~ne of
the bond issu~ce to buildirig pcrmit issuance, the developer will be responsible for paying the difference
between the bond procecds and the final impact fees at the time of building perrnit issu~nce.
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Thc benefits to the City of DubIin include:
IIn~'~i
•~'he pro~rari~ provides an cconornic development incentive to altract commcrcial aud inclustrial
businesses to the City that inay not atherwise be able to locatc to Dublin.
• As in eanventional assessment fina,ncing, the City of Dublyn is not liablc to repay the bonds issueci by
CSCDA or the assessinents impased an the participating properties.
• CSCDA handles al] diskrict farmation, district administration, bond issuance and bond adrninistration
functions. A participating City can provide financing to propetty oramers through SCIP while
comrnitting viriually no staff time to administer 1he prograrn.
The benefits ta the develo~er in.cl~de:
+ Only devclapcrs who chaose to particip~te in the program wi11 have assessments iinposed on their
property.
• Instead of payin~ cash for develapment_impact fees, the properiy owner receivcs low-cost, long~terni .
tax-exempt financing af those fees, freeing up capital for othcr purposes.
~ The property owner can choosc to pay off the special assessments at any time.
~ Owners of smaller projects ea~i have access to tax-exempt ~inancing of infrastrueture. Before lhe
inception of SCIP, only projecis large enough to justify the fonnation of an assessrnent or
comnnut~ities faeitities distriet had aeeess to tax-exempt financin~;.
Staff recently met with SCIP program oFficials and it has 6cen determined that the following City
development fees can be paid by the SCIP pro~ram: .
Public Facil~ties Fees
Community Parks
Community Parks, Tmprovcments
Community Buildings
Land, Neighborhaod Parks
Imgrovements, Neighbarhood Parks
Freeway Interch~nge Fee
Traf~ic Impact Fees -(E~stern Dublin Traftc Impact Fee-and Downtown Tr~fflc Impact Fee)
Tri-Valley Transportation Fee
Nnise Miti~s~tfon Fee
The SCLP program will not allow boz~d proceeds to pay for the following City fees:
Public Faeilities Fees
Libraries
Civic Canter
Aquati~ Centcr
Fire Impact ~ees
~nclusibnary In Lieu ~'ees
The SCIP progam wi 11_ also not a.~low bond proceeds to pay far SChool District development fees.
Thc SCIP program wili also a11aw bond proceeds to pay for certa,in DSRSD aztd Zane 7. fees. SCIp St,aff
has mef with DSRSD and is currently working an making this pragram available for #heir fees,
2
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Th~ proposec~ res~lution (see Attact~ment 2) authorizes.the CSCDA ta accept applieations from avF~s of
praperty withyn the City's pl~nning jurisdiction to apply far tax-exempt rnancing of der•elvpment impact
fees tl~.rough SCLP. tt also autl,ori~es CSCDA to form an assessinent district cavering thc City of Dublin,
eonduct assessment proceedings and le~y assessmenis againsi thc property of participatin~ owners. It also
authorizes zniscellaneous related actions and makes ecrtain findings r~nd determinations required by law.
Attached #o the Rcsolution, as Exlubit A, is a"Fonn of CSGDA Resolution of Intenti~n." This is for
infarmatianal purposes and d+aes nat requi.re acNo~ by the City Council.
Qver the past t~vo years, the SCIP program issued bands for development in a number of citics, includin~
Brentwaod, Elk Grove, Lincoaz~, Mil)brae, Napa; Richrnond and Rosevilie. ,At the prescnt time, SCIP
Staff will be€;ir+ aceepting applieations in October 2045 for a Nvvember/Decernber 2405 bond issues.
Staff has had conversatio~s ~ith local developers as to their interest in this type of pragram, and the
response has becn positivc with the developer of the Gateway Mcdical Center (Tri.ad Development}
prepared to submit an app~i.calion to SCIP tor consideration, should the Ci.iy Council approve this acrion.
At t~is poin#, Staff would,recomniend that this pragrarn be made available t4 commerciallindustrial
developments within the City of ~7ublin_ Staff feels that this program is a valuable economic dcvelopment
tvol that would help ease the up-front cost burden of comunerci.al and industrial develapment in DubHn.
Staff is not recommending tliis pra~-am for residential developments. 7f it we~e av~ilable for re~idcntial
develogments, the individual homeowners would end up paying tl~e fees tl~rough the assessments,_ which
wauld include thc costs of issuance and interest. There is no way to assure that the sales prices of th~
homes would be reduced by these costs. •
RECOMMENATiQN: 5taff recommends that the City Council canduct the public hearing, deliberale, and
aclogt the proposed resolution entitlcd "A Resolution of the ~ity Gouncil of the City of Dublin authorizing
the City to join thc Statcwide Community Tnfrastructure Arogram and authorizing the California Statewidc
Communities Develvpment A~~thority to accept applieations from properiy owncrs for non-residentia,l
developmcnts, conduct special assessment proceedings and levy assessments within the t~rritory of thc
City of Dublin and authorizing telated actions."
G:\ChrisVSCIF' Pro~m - Fee FinancinglFQRM-agrnda sratemcnt SC1P PrubTam Augusl 2005,doc
R/3 ! /2005 3:17 PM8!-3 iJ3(~At -W;13-AM
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RESOLUTION NO.
RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF DUBLIN RESCINDING,
REPLACING AND RESTATING RESOLUTION NO. 185-05 THUS CONTINUING THE
AUTHORITY FOR THE CITY TO PARTICIPATE IN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, TO CONDUCT SPECIAL ASSESSMENT PROCEEDINGS
AND TO LEVY ASSESSMENTS WITHIN THE TERRITORY OF THE 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
Infrastructure Program ("SCIP") to allow the financing of certain development impact
fees (the "Fees") levied in accordance with the Mitigation Fee Act (California
Government Gode 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 (Streefs and Highways Code Sections 8500 and
following) (the "1915 Act") upon the security of the unpaid special assessments; and
WHEREAS, the City Council (the "Council") of the City duly adopted its
Resolution No. 185-05 on September 20, 2005 wherein the Council authorized the City
to join the SCIP and authorized the Authority to accept applications from property
owners for non-residential developments, conduct special assessment proceedings and
levy assessments within the territory of the City and authorized related actions; and
WHEREAS, the City Council wishes by this resolution to restate the authority
conferred by Resolution No. 185-05 to include SCIP financing for Multi-Famify Projects
(as defined below) in addition to non-residential projects; and
WHEREAS, the City desires to allow the owners of property being developed as
Non-Residential Projects (as defined below) and . Multi-Family Projects, within its
jurisdiction, ("Participating Developers") to participate in SCIP and to allow the Author.ity
to conduct assessment proceedings under the 1913 Act and to issue Local Obligations
under the 1915 Act to finance Fees levied on such properties, provided that such
Participating Developers voluntarily agree to participate and consent to the levy of such
assessments; and
ATTACHMENT 3
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WHEREAS, in each year in which eligible property owners within the jurisdiction
of the City elect to be Participating Developers, in cases where the projects meet
appropriate underwriting criteria, 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; and
WHEREAS, there has been presented to this meeting a proposed form of
Resolution of Intention to be adopted by the Authority in connection with such
assessment proceedings (the "ROI"), a copy of which is attached hereto as Exhibit A,
and the territory within which assessments may be levied for SCIP (provided that each
Participating Developer 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 of a public
hearing on this matter was published at least five days prior to the hearing, and
adoption of this resolution followed the public hearing, which was duly conducted by this
Council concerning the significant public benefits of SCIP 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 1. By this resolution the City hereby rescinds, replaces and restates
Resolution No. 185-05.
Section 2. 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 Obiigations under the 1915 Act on any property within the Proposed
Boundaries designated for Multi Family Projects and Non-Residential Projects (the
"Program"); provided, that
(1) 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 by the Authority in connection with SCIP and that the legal owner(s)
OHS West261014181.5 2
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execute an assessment ballot in favor of such assessment in compliance with the
requirements of Section 4 of Article XIIID of the State Constitution.
(3) For the purposes of the Program,""Multi-Family Projects" shall mean buildings
or parts thereof designed and used exclusively as a dwelling unit among other dwelling
units either on the same parcel (e.g. apartments and mobile home parks) or under
separate ownership (e.g. condominiums, townhomes, duplexes or duets).
(4) For the purposes of the Program, "Non-Residential Projects" shall mean
projects constructed on land zoned by the City of Dublin for commercial, industrial, or
office use.
(5) Mixed Use Developments that include °a mix of Multi-Family and Non-
Residential uses shall be deemed to be a Non-Residential Project for the purpose of
participation in the Program.
Section 3. 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
development within the City.
Section 4. The Authority has prepared and will update from time to time the
"SCIP Manual of Procedures" (the "Manual"), and the City will handle F~e revenues for
properties participating in SCIP in accordance with the procedures set forth in the
Manual. .
Section 5. The appropriate officials and staff of the City are hereby authorized
and directed to make SCIP applications available to all Multi-Family Project and Non-
Residential Project property owners whose projects 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 for providing such applications
and related materials at its own expense. The staff persons listed on the attached ,
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 6. 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 be 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 Multi-
Family Projects and Non-Resitlential Projects whose owners elect to participate in SCIP
and to evidence compliance with the requirements of federal and state law in
OHS West:261014181.5 3
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connection with the issuance by the Authority of the Local Obligation and any other
bonds for 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 any public capital improvements to be paid or
reimbursed through Fees financed through participation in SCIP.
Section 7. This Resolution shall take effect immediately upon its adoption. The
City Clerk is hereby authorized and directed to transmit a certified copy of this resolution
to the Secretary of the Authority.
* * *
PASSED, APPROVED AND ADOPTED this 7th day of December, 2010 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
OHS West:261014181.5 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 CAPITAL
IMPROVEMENTS IN THE PROPOSED ASSESSMENT DISTRICT
NO. (COUNTY OF , 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 capital improvements as described in Exhibit
A attached hereto and by this reference incorporated herein (the "Fees"), all of which
are of benefit to the property within the proposed Assessment District No.
(County of . , .California) (the "Assessment District"); and
WHEREAS, the Commission finds that the land .specially benefited by the Fees
is shown within the boundaries of the map entitled "Proposed Boundaries of
Assessment District No. (County of , California)," a copy of which
map is on file with the Secretary and presented to this Commission meeting, and
determines that the land within the exterior boundaries shown on the map shall be
designated "Assessment District No. (County of , California)";
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California
Statewide Communities Development Authority hereby finds, determines and resolves
as follows:
1. 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
OHS West:261014181.5 A-1
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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 fiie a copy of the map in the
office of the County Recorder of the County of within fifteen (15) days of
the adoption of this resolution. ~
5. The,Commission determines that the cost of the Fees shall be specially
assessed against the lots, pieces or parcels of land within the Assessment District
benefiting from the payment of the 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 parcei of land, respectively, from the payment of
the Fees.
6. The Commission intends, pursuant to subparagraph (fl 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 from time to time by the Authority and not otherwise reimbursed to
the Authority which result from the administration and collection of assessment
installments or from 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, will 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 from the
second day of September next succeeding twelve (12) months from their date.
~ 8. The procedure for the collection of assessments and advance retirement
of bonds under th`e Improvement Bond Act of 1915 shall be as provided in Part 11.1,
Division 10, of the Streets and Highways Code of the State of California.
9. Neither the Authority nor any member agency thereof will obligate itself to
advance available funds from 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
payment of the Fees and payment of all claims shall be distributed in accordance with
the provisions of Section 10427.1 of the Streets and Highways Code. ~
11. To the extent any 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 from the proceeds of the bonds to the
property owner or developer that made the payment.
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[End of Form of Resolution of Intention]
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~ EXHIBIT B
CITY OF DUBLIN CONTACTS FOR SCIP PROGRAM
Primary Contact
Name: Paul Rankin ~
Title: Administrative Services Director
Mailing Address: 100 Civic Plaza, Dublin, CA 94568
Delivery Address (if different):
E-mall: paul.rankin(~dublin.ca.qov
Telephone: (925) 833-6650
Fax: (925) 833-6651
Secondary Contact
Name: Chris Foss
Title: Assistant City Manager
Mailing Address: 100 Civic Plaza, Dublin, CA 94568
Delivery Address (if different):
E-mail: chris.foss(c~dublin.ca.gov
Telephone: (925) 833-6650
Fax: (925) 833-6651
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CERTIFICATION OF RESOLUTION
I, the undersigned, the duly appointed and qualified City Clerk of the City of
Dublin, do hereby certify that the foregoing Resolution No. was duly
adopted at a regular meeting of the City Council of the City of Dublin duly and regularly
held at the regular meeting place thereof on the day of , 2010, of
which meeting all of the members of said City Council had due notice and at which a
majority thereof were present. ~
~ An agenda of said meeting was posted at least 72 hours before said meeting at
, a location freely accessible to members of the public, and a
brief description of said resolution appeared on said agenda. .'
I have carefully compared the foregoing with the original minutes of said meeting
on file and of record in my office, and the foregoing is a full, true and correct copy of the
original resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of
its adoption and the same is now in full force and effect.
Dated: , 2010
[ 1
City Clerk
City of Dublin
By:
[Seal]
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