HomeMy WebLinkAboutReso 178-10 Statewide Comm InfrasRESOLUTION NO. 178-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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
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 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 AcY') 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 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-Family 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 Authority 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
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WHEREAS, in each year in which eligi6le 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
Obligations 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.
(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) execute an
assessment ballot in favor of such assessment in compliance with the requirements of Section 4
of Article XI I I D 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 duet.
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(4) For the purposes of the Program, "Non-Residentiai 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 seryices 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 Fee 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-Residential Projects whose
owners elect to participate in SCIP and to evidence compliance with the requirements of federal
and state law in 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.
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PASSED, APPROVED AND ADOPTED this 21St day of December, 2010 by the
foliowing vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
~J.c.;.._ ~~~r~ .
Mayor
ATTEST:
. ~~J
City Clerk
Reso No. 178-10, Adopted 12-21-10, Item 6.1 Page 4 of
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EXHIBIT A
FORM OF RESOLUTlON OF INTENTION
TO BE ADOPTED BY CSCDA
RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE TFiE
PAYMENT OF DEVELOPMENT IMPACT FEES FOR PUBLIC CAPITAL
IMPROVEMENTS !N THE. PROPOSED ASSESSMENT DISTRICT
NO. (COUNTY OF , CALIF4RNIA~, 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
Cafifornia Statewide Communities Development Authority (fhe "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 , Califor,nia)";
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
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Highways Code, as supplemented by Section 4 of Article XIIlD 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 parcel 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 fast installmen# 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,
Divisibn 10, of the Streets and Highways Code of the State of California.
9. Neither the Authority nor any member agency thereof wil! 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 sha{I
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 Sec#ion 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 fhe 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-m811: paul.rankin a(~.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-maii: chris.foss(a~dublin.ca.qov
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 heceby 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 the~eof 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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