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11 SPECIAL MEETING — MAY 15, 2012
A special meeting of the Dublin City Council was held on Tuesday, May 15, 2012 in the City
Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:03:18 PM
p.m., by Mayor Sbranti.
1. ROLL CALL
PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
ABSENT: None.
4.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the City Council, Staff and those present.
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2. Public Comments
No comments were made by any member of the public at this time.
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3. Community Facilities Districts
Samuel Sperry, Meyers Nave, presented informational materials and advised that he would
provide the City Council with an educational presentation on Community Facilities Districts. The
presentation is being provided in anticipation of a request by a developer to consider a
Community Facility District (CFD) for the Dublin Crossings project.
Cm. Swalwell asked if an eminent domain payment is financeable. Mr. Sperry replied that it is
permissible. He clarified that it is the City who is exercising the power of eminent domain, not
the CFD.
Mayor Sbranti asked if park maintenance is included as an eligible service under the Mello-Roos
Act. Mr. Sperry replied yes.
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SPECIAL MEETING
MAY 15, 2012
Mayor Sbranti clarified with Mr. Sperry that a common contract arrangement is for the developer
to complete the construction of facilities before bonds are issued.
Vm. Hart asked for clarification regarding the difference between a CFD bond and a regular
bond. Mr. Sperry replied that bonds issued under a Certificate of Participation (COP) obligate
the City directly to pay out the bonds from the General Fund. He stated that bonds issued under
CFDs come out of reserves from the special tax or from initial proceeds, not from the City's
General Fund.
Vm. Hart asked why a City would want to approve a CFD. Mr. Sperry replied that, if a City
approves a CFD, they have come to the conclusion that there is some valid public purpose
being served by extending the accommodation of this financing mechanism to the developer.
He further stated that it is up the policy makers to identify that valid public purpose.
Mr. Sperry further stated that the City could benefit from the transaction somehow, whether by
obtaining a new community facility or some other benefit, that would not have been possible had
the developer financed the project privately.
Vm. Hart and Mr. Sperry clarified that landowners within the CFD will be directly responsible for
paying the tax associated with their property. Mr. Sperry clarified that the tax obligation goes
with the piece of property located within the CFD. He reiterated that the City would be
approving a boundary map to identify the taxable boundary.
Cm. Biddle asked the City Managerif this would be the first CFD project in the history of the City
of Dublin should City Council decide to move forward. The City Manager answered Yes.
Cm. Biddle clarified with Mr. Sperry that the City should not subsidize the process of the project.
Mr. Sperry stated that the City could identify some community benefit that City can be
responsible for financially, but any other costs in administering and establishing the CFD should
be paid for up front by the Developer and then later built into the CFD.
Cm. Biddle asked what risks exist in having a CFD. Mr. Sperry stated that if taxes are not paid
in full, bonds will go into default and the project can be stalled.
Cm. Biddle clarified with Mr. Sperry that a crucial part of the CFD process is to develop and
implement a clear and confident development and financial plan.
Cm. Biddle asked who would vote in the Election process of the CFD. Mr. Sperry clarified that if
there are less than 12 registered voting landowners within the proposed boundary, the
landowners would vote.
Mayor Sbranti asked for a rough estimate of the tax amount that CFD property owners would be
responsible for. Mr. Sperry replied that a meaningful statement could not be made without
knowing the base property tax and what principal amount of bonds are to be issued.
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SPECIAL MEETING
MAY 15, 2012
Mr. Sperry stated that, every year, the City would take the amount of bond debt service to be
paid to bond holders, and then add the City administrative cost for services provided. He stated
that a Special Tax Requirement budget would be created for the coming year and that amount
of money would be allocated to each of the taxable parcels in the manner dictated by the
Special Tax Formula, with a cap on the maximum.
Mayor Sbranti asked how a CFD is similar to and different from a regular assessment district.
Mr. Sperry stated that they are similar in the sense that they are funding services. He stated
that they are different in the sense that no public hearing is held in regards to the tax amount for
a CFD. The tax formula is established once at the creation of the CFD and is utilized throughout
the life of the CFD.
Mayor Sbranti asked how CFDs have worked in other cities. Mr. Sperry replied that, for the
most part, CFDs have proved successful in other cities and counties such as Sacramento and
Placer.
Mayor Sbranti asked how a CFD differs from Infrastructure Financing District (IFD). Mr. Sperry
replied that IFDs are not workable right now as they require approval from every single tax entity
involved.
City Manager Pattillo stated that there will be a Study Session on May 29th, in which the CFD
will be a cornerstone for the Dublin Crossing project, to see if it something the City Council
wants to pursue or not. She stated that Staff will bring back the discussion points that have
developed between the developer and Staff.
Mayor Sbranti stated that he would like to have a better sense of the numbers regarding the
property tax bill. He stated that he would like to understand what the benefits are to the City and
how is a CFD beneficial over traditional infrastructure financing.
Cm. Biddle asked that an update of the Dublin Crossings project be provided at the Study
Session.
4. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
7:03:36 PM p.m. in memory of Staff Sgt Sean Diamond and our fallen troops.
Minutes prepared by Taryn Bozzo, Secretary.
Mayor
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City Clerk
DUBLIN CITY COUNCIL MINUTES 3
VOLUME 31
SPECIAL MEETING
MAY 15, 2012