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HomeMy WebLinkAboutSB 343 4.3 May 16, 2017 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the May 16, 2017, City Council meeting agenda packet. Items 4.3 ERRATA SHEET May 16, 2017 In order to correct the names of the entities referred to within these documents,the City wishes to make the following changes: Agenda Item: 4.3 Title: Community Facilities District Formation- Dublin Crossing Public Services 1. Within the Resolution Authorizing the City Manager to Execute a Deposit and Reimbursement Agreement, all references to the entity "Dublin Crossing Venture LLC" should read "Dublin Crossing, LLC." 2. Within the Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes, all references to the entity "Dublin Crossing Venture LLC" should read "Dublin Crossing, LLC." Agenda Item: 4.12 Title: Amendment No. 3 to the Development Agreement Between the City of Dublin and Dublin Crossing, LLC Related to the Dublin Crossing Project 1. In the title of the Ordinance, the reference to the entity "Dublin Crossing Venture LLC" should read "Dublin Crossing, LLC." 2813934.1 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT WITH DUBLIN CROSSING, LLC WHEREAS in accordance with subsection (c) of Section 53318 of the California Government Code (the "Code"), a petition (the "Petition") containing the matters prescribed by Section 53319 of the Code, has been filed with the City Clerk of the City of Dublin (the "City Clerk") by Dublin Crossing, LLC (the "Developer"); and WHEREAS, the Petition requests that proceedings be initiated and conducted pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following of the Code; hereafter in this resolution, the "Act") to establish a community facilities district to be known as "City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing — Public Services)" ("CFD No. 2017-1"), in order to finance the maintenance, operation, and lighting of landscaped streets and street medians (the "Authorized CFD Services"); and WHEREAS, subsection (d) of Section 53318 of the Code specifies that the Petition shall not be acted upon prior to the time that the City receives a deposit of funds sufficient to compensate the City for all costs incurred in conducting the requested proceedings; and WHEREAS, to provide the terms and conditions under which (a) the Developer will make an initial deposit and subsequent deposits if needed, (b) the City will utilize the funds deposited to pay its costs to be incurred in conducting the requested proceedings (the "Proceedings Costs"), and (c) the City will include in its estimate of costs to be financed by CFD No. 2017-1, from proceeds of special taxes, the full amount of deposits made by the Developer for the payment of such Proceedings Costs, a form of Deposit and Reimbursement Agreement has been prepared, filed with the City Clerk and submitted to the members of this City Council for consideration at this meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Deposit and Reimbursement Agreement, a copy of which is attached hereto as Exhibit A, and directs the execution and delivery thereof by the City Manager on behalf of the City; provided that, prior to such execution, the Deposit and Reimbursement Agreement may be modified to reflect changes mutually agreed upon by the City Manager and the Developer, with such mutual agreement to be conclusively evidenced by execution of the Deposit and Reimbursement Agreement by both parties. PASSED, APPROVED AND ADOPTED this 16th day of May, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTACHMENT 4 Mayor ATTEST: City Clerk 2813939.1 ATTACHMENT 4 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT, TO DESIGNATE FUTURE ANNEXATION AREA, AND SUBJECT TO THE REQUIRED VOTER APPROVAL, TO AUTHORIZE LEVY OF A SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING — PUBLIC SERVICES) WHEREAS in accordance with subsection (c) of Section 53318 of the California Government Code (the "Code"), a petition (the "Petition") containing the matters prescribed by Section 53319 of the Code, has been filed with the City Clerk of the City of Dublin (the "City Clerk") by Dublin Crossing, LLC, Brookfield Bay Area Holdings LLC, Brookfield Wilshire LLC, CalAtlantic Group, Inc., and Brookfield Fillmore LLC (the "Landowners"), and representing that the Landowners are the sole owner of certain real property situated within the City of Dublin (the "City") shown on an exhibit map attached to the Petition as Exhibit A thereto (the "Exhibit Map "); and WHEREAS, the Petition requests that proceedings be initiated and conducted pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following of the Code; hereafter in this resolution, the "Act") to establish a community facilities district to be known as "Community Facilities District No. 2017-1 (Dublin Crossing — Public Services)" ("CFD No. 2017-1"), in order to finance the maintenance, operation, and lighting of landscaped streets and street medians (the "Authorized CFD Public Services"); and WHEREAS, as requested by the Petition, this City Council of the City (this "City Council") proposes to establish CFD No. 2017-1, and in furtherance thereof, has by resolution adopted on this same date approved a boundary map (the "Boundary Map"), which is on file with the City Clerk and which establishes the initial boundaries of CFD No. 2017-1 as shown on the Exhibit Map; and WHEREAS, Section 53321 of the Act provides that legal proceedings for the establishment of a community facilities district pursuant to the Act shall be instituted by the adoption of a resolution of this City Council declaring its intention as provided hereafter in this resolution; and WHEREAS, the Petition further requests that this City Council designate certain additional land as Future Annexation Area (the "Future Annexation Area"), as shown on both the Exhibit Map and the Boundary Map, pursuant to Section 53339.2 and Section 53339.3 of the Act; and WHEREAS, , this City Council wishes by this resolution to declare its intention to provide for future annexation of the Future Annexation Area in sequential portions, as the Landowners or the Landowners' successors in interest become the owner of such portions thereof and provide written unanimous approval for such annexation, as prescribed by subsection (b) of Section 53339.3. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby finds, determines, and resolves as follows: ATTACHMENT 8 Section 1. The foregoing recitals are true and correct, and this City Council hereby expressly so finds and determines. Section 2. The Authorized CFD Public Services proposed to be financed from proceeds of the special tax to be levied on the taxable property within CFD No. 2017-1 (the "Special Tax"), are set forth on the Exhibit A attached to this resolution and by this reference made a part hereof. Section 3. Except where funds are otherwise available, the Special Tax will be annually levied on all nonexempt taxable parcels within CFD No. 2017-1, with the determination as to the first Fiscal Year in which the Special Tax will be levied upon the nonexempt parcels in accordance with the provisions of the rate and method of apportionment of the Special Tax (the "RMA"). Upon recordation of (a) the initial notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code and (b) a notice of annexation as to each subsequent area pertaining to an annexed portion of the Future Annexation Area, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property within CFD No. 2017-1, and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until levy and collection of the Special Tax by the City ceases. The rate and method of apportionment of the Special Tax (the "RMA") is attached hereto as Exhibit B and by this reference made a part hereof. The rate and method of apportionment of the Special Tax for each subsequent area to an annexed into CFD No. 2017-1 may be identical to the RMA or may be modified, as shall be specified in the unanimous approval form submitted by the then-owner(s) of the land within such portion of the Future Annexation Area (each, a "Future Annexation Area RMA"). Subject to the limitation that the amount of the Special Tax levied for any year on any parcel may not exceed the then-applicable maximum Special Tax, the aggregate amount of Special Taxes to be levied annually on all taxable parcels within CFD No. 2017-1 (collectively, the "Taxable Property") shall be the total of the "Special Tax Requirement" for the subject Fiscal Year, as defined in the RMA or the applicable Future Annexation Area RMA. Section 4. The types of incidental expenses which may be incurred and which are authorized to be paid from the proceeds of the Special Tax are set forth on Exhibit C attached to this resolution and by this reference made a part hereof. Section 5. This City Council hereby approves (a) the establishment of the initial boundary of CFD No. 2017-1 as shown on the Boundary Map and (b) the designation of land shown as the Future Annexation Area as such future annexation area. Section 6. Advances of funds or contributions of work in kind from any lawful source, specifically including but not limited to the City or any owner of property within CFD No. 2017-1 or the Future Annexation Area, may be reimbursed from proceeds of the Special Tax to the extent of the lesser of the value or cost of the contribution, but any agreement to do so shall not constitute a debt or liability of the City, any member of the City Council or any other officer, employee or agent of the City. Section 7. This City Council hereby sets Tuesday, June 20, 2017, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chamber at the Dublin Civic Center, 100 Civic Plaza, Dublin, California, as the time and place for the public hearing on the establishment of CFD No. 2017-1 and the designation of the Future Annexation Area. At the ATTACHMENT 8 hearing, testimony of all interested persons and taxpayers for or against establishment of CFD No. 2017-1, the extent of CFD No. 2017-1, the proposed list of Authorized CFD Public Services to be authorized, the Special Tax Formula, the designation of the Future Annexation Area, the authorization to levy the Special Tax, the establishment of the appropriations limitation for CFD No. 2017-1 or any other aspect of the proposed CFD No. 2017-1, will be heard and protests will be considered from persons owning real property within CFD No. 2017-1, it having been determined that there are no registered voters residing within CFD No. 2017-1. As provided by the Act, written protests by the owners of a majority in area of the land within the proposed CFD No. 2017-1 will constitute a "majority protest" and will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing. If such majority protests are directed only against certain elements of the proposed CFD No. 2017-1, the Authorized CFD Public Services, the designation of the Future Annexation Area, the Special Tax to be levied in accordance with the proposed RMA, this City Council may direct that those elements be deleted from the proceedings and that the proceedings may continue as revised. Section 8. It is anticipated that the Special Tax will be billed as a separate line item on the regular property tax bill of the County of Alameda (the "County"). However, this City Council reserves the right, under Section 53340, to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing. Section 9. Goodwin Consulting Group, as special tax consultant to the City for CFD No. 2017-1, is directed to study CFD No. 2017-1 and to cause the preparation and filing of the report required by Section 53321.5 of the Act (the "Hearing Report") prior to the time of the public hearing. Section 10. On the basis of the information set forth in that certain certificate entitled "Certificate re Registered Voters," dated May 3, 2017, executed by the City Clerk and on file with in the Office of the City Clerk, in the event that an election is held in these proceedings, it is the intention of this City Council that the electors will be the landowners of the land within proposed CFD No. 2017-1 in accordance with Section 53326 of the Act, which provides that each landowner shall be accorded one vote for each acre or portion of an acre owned. Section 13. This City Council also intends to establish the annual appropriations limit of CFD No. 2017-1 at $25,000.00 for the first fiscal year for which the Special Tax is levied. Section 14. The City Clerk is hereby authorized and directed to cause the publication of a notice of hearing, containing the matters specified by Section 53322 of the Act, one time in a newspaper in general circulation in the area of CFD No. 2017-1, said publication to occur no later than seven days prior to the date of the public hearing. In addition to published notice, the City Clerk is authorized to provide for mailed notice of hearing by first-class mail, postage prepaid, in accordance with Section 53322.4 of the Act, to each landowner within the proposed boundary of CFD No. 2017-1, which mailed notice shall contain the same information as is required to be contained in the published notice. PASSED, APPROVED AND ADOPTED this 16th day of May, 2017, by the following vote: AYES: NOES: ATTACHMENT 8 ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2813938.1 ATTACHMENT 8