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Home My WebLink About6.2 - 1440 Public Hearing Resolution to Authorize Cha Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: May 16, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Resolution Ordering Change to Exhibit A of Resolution 96-15 to Authorize the Addition or Deletion of Capital Improvements and Capital Facilities Fees Which May be Financed Prepared by: Colleen Tribby, Director of Administrative Services EXECUTIVE SUMMARY: On June 2, 2015, the City Council adopted the Resolution of Formation (Reso 96 -15), establishing Community Facilities District (CFD) No. 2015-1 (Dublin Crossing). The new resolution proposed with this report would add language to Exhibit A of the Resolution of Formation that would preserve eligibility for financing the CFD any items which become the subject of a written agreement between the Developer and the applicable public agency if such items are moved from the “fees” category to the “improvements” category (or vice versa), without the need to return to the City Council to undertake further change proceedings of this same technical nature. STAFF RECOMMENDATION: Adopt the Resolution Ordering Change to Exhibit A of Resolution 96-15 to Authorize, Under Prescribed Conditions, the Addition or Deletion of Capital Improvements and Capital Facilities Fees Which May be Financed. FINANCIAL IMPACT: None. DESCRIPTION: On April 4, 2017, the City Council adopted Resolution 36-17, declaring its intention to consider authorizing a change to Community Facilities District No. 2015-1 (CFD No. 2015-1) (Dublin Crossing) and scheduling for this date and time the required public hearing to consider the change. The only change being considered for CFD No. 2015 -1 with tonight’s proceedings is the addition of language to Exhibit A to the Council’s Resolution No. 96-15. Existing Exhibit A (Attachment 1) lists the capital improvements (Improvements) and capital facility Page 2 of 2 impact fees (Fees) which are eligible for financing by CFD No. 2015-1. The Improvements and Fees listed in Existing Exhibit A are obligations of the developer, Dublin Crossing, LLC, as conditions to the development of the land within CFD No. 2015-1. The added language, set forth on page A-2 of Exhibit A to the attached resolution (Attachment 2), will simply preserve eligibility for financing by CFD No. 2015-1 for any items which become the subject of a written agreement between the Developer and the applicable public agency (City, Dublin San Ramon Services District or Zone 7) pursuant to which such items are moved from the Fees category to the Improvements category (or vice versa), without the need to return to the City Council to undertake further change proceedings of this same technical nature. No other changes to CFD No. 2015-1 are being made at this time. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The required notice of public hearing was published in the East Bay Times on May 6, 2017, as evidenced by an affidavit of publication on file with the City Clerk. ATTACHMENTS: 1. Existing Exhibit A to Resolution 96-15 2. Resolution Ordering Change to Exhibit A of Resolution No. 96-15, and Exhibit A EXHIBIT A DESCRIPTION OF AUTHORIZED CFD PUBLICIMPROVEMENTS A. City PublicCapital Improvements 1. BackboneStorm Drainage 2. Backbone Street Improvements 3. MasterLandscaping, Fencing and Signage on Public Property, Including Public Easements and Rights-of-Way B. City-Imposed Impact Fees 1. Fire Impact Fees 2. Freeway Interchange Fees 3. Public Art In-Lieu Fees 4. Residential Traffic Impact Fees—Eastern Dublin Fee 5. DevelopmentAgreement Fees: a. ACSPA Contribution b. Iron Horse Trail Bridge Contribution c. Park Construction Payment C. Dublin San Ramon Services District (DSRSD) 1. Capital Improvements a. Backbone Sanitary Sewer b. Backbone Domestic Water c. BackboneReclaimed Water 2. DSRSD Impact Fees a. Water System Connection Fees b. WaterMeter Assembly Fees c. Wastewater Impact Fees D. Zone 7 1. Capital Improvements a. Backbone Storm Drainage 2. Zone 7 Impact Fees a. Water Connection Fees b. Drainage Assessment Fees (Impervious Surface) A-1 Attachment 1 - Existing Exhibit A to Resolution 96-15 E. Private Utility Facilities 1. Natural Gas Distribution 2. Electrical Distribution 3. Telephone 4. Cable Television 5. Other Private Utility Facilities as Authorized by the Act A-2 RESOLUTION NO. __-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ORDERING CHANGE TO EXHIBIT A OF RESOLUTION NO. 96-15 TO AUTHORIZE, UNDER PRESCRIBED CONDITIONS, THE ADDITION OR DELETION OF CAPITAL IMPROVEMENTS AND CAPITAL FACILITIES FEES WHICH MAY BE FINANCED Community Facilities District No. 2015-1 (Dublin Crossing) WHEREAS, this City Council (this "City Council") of the City of Dublin (the "City") has, by its Resolution No. 96-15, adopted on June 2, 2015 (the “Resolution of Formation”), concluded its legal proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the “Act”) to establish a community facilities district known as “Community Facilities District No. 2015-1 (Dublin Crossing), City of Dublin, County of Alameda, State of California” (“CFD No. 2015-1”); and WHEREAS, CFD No. 2015-1 was established for the purpose of financing a portion of the cost and expense of certain authorized public and private utility capital improvements and certain authorized capital facilities fees (collectively, the “Authorized CFD Public Improvements”), together with related incidental expenses of the authorized capital improvements and the legal proceedings for formation of CFD No. 2015-1; and WHEREAS, the Authorized CFD Public Improvements are described in Exhibit A to the Resolution of Formation (“Existing Exhibit A”); and WHEREAS, the obligation to construct and install the capital improvements and to pay the capital facility fees described in Existing Exhibit A is imposed upon the developer of property within CFD No. 2015-1 pursuant to a Development Agreement, dated November 19, 2013 (the “Original Development Agreement”), between Dublin Crossing Venture LLC (the “Original Developer”) and the City; and WHEREAS, the Original Development Agreement has been amended, and all references hereafter in this resolution to the Development Agreement shall be deemed to refer to the Original Development Agreement, as amended from time to time. WHEREAS, Dublin Crossing, LLC (the “Developer”) has since succeeded the Original Developer to all of the rights, duties and obligations of the Original Developer under the Development Agreement pursuant to an assignment and assumption agreement, with the express written approval of the City Manager of the City; and 2 WHEREAS, the City and the Developer (the “Parties”) are in discussions to consider and may in the future have further discussions to consider certain changes to the obligations of the Developer under the Development Agreement or any other written agreement between the Parties with respect to the items listed in Existing Exhibit A as “City Public Capital Improvements” and “City-Imposed Impact Fees,” which discussions may lead to a written agreement between the Parties to (a) have the Developer construct all or a portion of the capital improvements which are to be financed with the corresponding impact fee, (b) have the Developer pay an impact fee to finance all or a portion of the corresponding capital improvement or (c) add or delete one or more items to the list of either “City Public Capital Improvements” or “City-Imposed Impact Fees” so as to make such items eligible (if added) or ineligible (if deleted) for financing by CFD No. 2015-1; and WHEREAS, with respect to the capital improvements and impact fees for Dublin San Ramon Services District (DSRSD) and Zone 7, as set forth in Item C (DSRSD) and Item D (Zone 7) of Existing Exhibit A, the Developer may in the future enter into one or more written agreements leading to changes to the respective items pertaining to DSRSD or Zone 7 as described in the foregoing recital paragraph pertaining to the City capital improvements and impact fees; and WHEREAS, on April 4, 2017, this City Council adopted its Resolution No. 36-17, entitled “Resolution Declaring Intention to Consider Authorizing Changes to the Capital Facilities and Capital Facilities Fees Which May be Financed Under Prescribed Conditions” (the “Resolution of Consideration”), by which this City Council declared its intention to modify Existing Exhibit A to read as set forth in Exhibit A to the Resolution of Consideration (the “New Exhibit A”), so as to provide for the continued eligibility of items moved from one category (improvements or fees) to the other, for the eligibility of items added to either category, and for the ineligibility of items deleted from either category, in each case supported by a written agreement between the Developer and the affected public entity, without the requirement for further change proceedings by this City Council; and WHEREAS, the Resolution of Consideration scheduled a public hearing in accordance with the Act for May 16, 2017, at the time and place of the meeting of this City Council on said date, and a notice of hearing containing the matters prescribed by the Act was published one time in The Valley Times on May 6, 2017, as prescribed by the Act, as evidenced by an Affidavit of Publication on file with the City Clerk of the City; and WHEREAS, the public hearing having been conducted in accordance with the Resolution of Consideration and the published notice, and no protests against the proposed changes prescribed by the Resolution of Consideration having been made either orally or in writing; and WHEREAS, this City Council wishes by this Resolution to order the modification of Existing Exhibit A to read as set forth in the New Exhibit A. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and orders as follows: 3 Section 1. The foregoing recitals are true and correct, and this City Council hereby expressly so finds and determines. Section 2. In conformity with the provisions of Section 53338 of the Act, this City Council orders that Existing Exhibit A is hereby modified to read as set forth in New Exhibit A, a copy of which is attached hereto as Exhibit A and by this reference incorporated herein. Section 3. The City Clerk is hereby authorized and directed to cause the preparation and recordation of a notice of the changes represented by New Exhibit A pursuant to Section 3117.5 of the California Streets and Highways Code. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 16th day of May, 2017, by the following vote: AYES: Council Members ________________________________________ NOES: Council Members ________________________________________ ABSENT: Council Members ________________________________________ ABSTAIN: Council Members ________________________________________ ATTEST: ____________________________________ Mayor __________________________________ City Clerk A-1 EXHIBIT A CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) DESCRIPTION OF AUTHORIZED CFD PUBLIC IMPROVEMENTS A. City Public Capital Improvements 1. Backbone Storm Drainage 2. Backbone Street Improvements 3. Master Landscaping, Fencing and Signage on Public Property, Including Public Easements and Rights-of-Way B. City-Imposed Impact Fees 1. Fire Impact Fees 2. Freeway Interchange Fees 3. Public Art In-Lieu Fees 4. Residential Traffic Impact Fees – Eastern Dublin Fee 5. Development Agreement Fees: a. ACSPA Contribution b. Iron Horse Trail Bridge Contribution c. Park Construction Payment C. Dublin San Ramon Services District (DSRSD) 1. Capital Improvements a. Backbone Sanitary Sewer b. Backbone Domestic Water c. Backbone Reclaimed Water 2. DSRSD Impact Fees a. Water System Connection Fees b. Water Meter Assembly Fees c. Wastewater Impact Fees D. Zone 7 1. Capital Improvements a. Backbone Storm Drainage 2. Zone 7 Impact Fees a. Water Connection Fees b. Drainage Assessment Fees (Impervious Surface) A-2 CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) DESCRIPTION OF AUTHORIZED CFD PUBLIC IMPROVEMENTS Notwithstanding the foregoing lists on page A-1 hereof, in the event that Dublin Crossing, LLC, or any landowner of any portion of the land within CFD No. 2015-1 which is responsible for the construction of any of the listed improvements or payment of any of the listed impact fees enters into a written agreement with the City, DSRSD or Zone 7, as the case may be, to move all or any portion of any of the improvements or impact fees listed above from one category to the other, the subject improvements or impact fees shall remain eligible for financing by CFD No. 2015-1 without the requirement of City Council action to authorize such change. Without limiting the generality of the foregoing, if, for example, the City and Dublin Crossing, LLC (the “Parties”), enter into a written agreement (including but not limited to an agreement amending the Development Agreement between the Parties) pursuant to which the Parties agree that Dublin Crossing, LLC, will construct the City park referenced as Item B(5)(c) above, then that City park shall be eligible for financing by CFD No. 2015-1 as a City Public Capital Improvement. Similarly, a written agreement to add any additional improvements or impact fees to those listed shall make such improvements or impact fees eligible for financing by CFD No. 2015- 1, and a written agreement to delete any improvements or impact fees from those listed shall make such improvements or impact fees ineligible for such financing, in each case without the requirement of City Council action to authorize such change. 2795871.1