HomeMy WebLinkAboutItem 6.1 - 1507 Community Facilities District Formation - D
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STAFF REPORT
CITY COUNCIL
DATE: June 20, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Community Facilities District Formation - Dublin Crossing Public Services
Prepared by: A. Russell, Asst PW Dir/City Engineer and L. Quint, Attorney
EXECUTIVE SUMMARY:
The City Council will conduct a public hearing, hold a special ballot election and
consider related proceedings for the formation of the City of Dublin Community Facilities
District No. 2017-1 (Dublin Crossing – Public Services).
STAFF RECOMMENDATION:
Conduct the public hearing. Receive written protests, if any, from property owners
within the boundary of Community Facilities District No. 2017-1 (Dublin Crossing –
Public Services). Take the following actions in the process of creating Community
Facilities District No. 2017-1 (Dublin Crossing – Public Services) (“CFD No. 2017-1”)
under the Mello-Roos Community Facilities Act of 1982:
1. Adopt a Resolution Forming and Establishing City of Dublin Community
Facilities District No. 2017-1 (Dublin Crossing – Public Services)
2. Adopt a Resolution Calling a Special Mailed-Ballot Election of the Proposition of
Levying Taxes within Community Facilities District No. 2017-1 (Dublin Crossing –
Public Services).
3. Direct the City Clerk to open the ballots and state the results of the special
mailed-ballot election.
If the results of the special mailed-ballot election reveal that the propositions have
received the affirmative vote of two-thirds of the votes cast, the City Council will
then:
4. Adopt a Resolution Declaring the Results of the Special Mailed-Ballot Election
for Community Facilities District No. 2017-1 (Dublin Crossing – Public Services).
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5. Waive the Reading and Introduce the Ordinance Levying Special Taxes Within
Community Facilities District No. 2017-1 (Dublin Crossing – Public Services).
FINANCIAL IMPACT:
The holding of the public hearing, the conducting the special mailed -ballot election, the
adoption of these resolutions, and the introdu ction of the ordinance has no direct fiscal
impact on the City. The costs associated with the formation of a Community Facilities
District for maintenance services are borne entirely by the Developer. The Community
Facilities District will be self-sustaining, including compensation for the administrative
burden of managing it.
DESCRIPTION:
On May 16, 2017, the City Council adopted the Resolution of Intention for CFD No.
2017-1 and set the time and place for a public hearing regarding the formation of a
Community Facilities District (CFD). Tonight’s public hearing will provide the public an
opportunity to provide testimony related to the formation of CFD No. 2017 -1 and the
CFD Report prepared by Goodwin Consulting Group, Inc. The CFD Report describes
the CFD Boundaries, the rate and method of apportionment of the special taxes to be
levied, and the services to be financed by the CFD.
The proceedings to establish CFD No. 2015 -1 will be accomplished by the adoption of
the Resolutions and the introduction of an Ordinance Levying Special Taxes identified in
the recommended actions. Specifically, the City Council will be asked to consider the
following actions:
1. Adopt the Resolution of Formation. This resolution: (a) establishes the initial
boundaries of CFD No. 2017-1; (b) designates the land within the initial boundary
of CFD No. 2017-1 as Improvement Area No. 1; (c) provides for the future
annexation of the Future Annexation Area in sequential portions, without
additional hearing, as prescribed by the Act; (d) authorizes the establishment of
additional improvement areas with respect to such annexed land or the
annexation thereof to any then-existing improvement area; (e) identifies the types
of public services and incidental expenses which may be financed by CFD No.
2017-1; and (f) subject to voter approval, (i) authorizes the levy of a special tax
on the land within CFD No. 2017-1 (ii) provides the rate and method of
apportionment of the special tax, and (iii) establishes the initial annual
appropriations limitation for Improvement Area No. 1 of CFD No. 2017-1. It also
sets out the terms and conditions for a special mailed -ballot election to be
conducted by the City Clerk as the election official for a vote to be taken by the
landowners of record. The registrar of voters has certified that there are no
registered voters within the proposed CFD, thus the vote will be by the owners of
land.
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2. Adopt the Resolution Calling for the Special Mailed-Ballot Election for
Community Facilities District No. 2017-1 (Dublin Crossing – Public
Services).
After these resolutions are adopted, the City Clerk will open the ballots and state the
results of the special mailed-ballot election. If the results of the special mailed -ballot
election reveal that the propositions have received the affirmative vote of two-thirds
of the votes cast, the City Council will consider the following actions:
3. Adopt a Resolution Declaring the Results of the Special Mailed-Ballot
Election for Community Facilities District No. 2017-1 (Dublin Crossing –
Public Services). This resolution confirms the results of the election. The City
Clerk will complete the Canvass and Statement of Results of Election attached
as an exhibit to this resolution.
4. Waive the Reading and Introduce the Ordinance Levying Special Taxes
Within Community Facilities District No. 2017-1 (Dublin Crossing – Public
Services). This Ordinance authorizes the levy of a special tax on parcels of real
property on the secured property tax roll of Alameda County that are within the
boundaries of CFD No. 2017-1.
Next Steps:
The City Council may establish CFD No. 2017-1 only after conducting the public hearing
and only if no majority protest is filed by the CFD landowners whether on the
establishment of CFD No. 2017-1 or on the levy of special taxes. Following tonight’s
public hearing, the proposed schedule to complete the formation of the CFD is as
follows:
Second Reading and Adoption of Ordinance Levying Special Taxes within CFD
No. 2017-1, scheduled for July 18, 2017
Effective Date of Ordinance (thirty days after adoption, anticipated to be August
17, 2017)
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A public hearing notice was published in the Valley Times on June 12, 2017. In
addition, mailed public hearing notices were sent to each lando wner within the proposed
boundary of CFD No. 2017-1. The mailed notice contained the same information that
was contained in the published notice.
ATTACHMENTS:
1. CFD Report Prepared by Goodwin Consulting Group, Inc.
2. Resolution Forming and Establishing City of Dublin Community Facilities District No.
2017-1 (Dublin Crossing – Public Services)
3. Exhibit A and B to Resolution of Formation
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4. Resolution Calling a Special Mailed-Ballot Election of the Proposition of Levying
Taxes within Community Facilities District No. 2017-1 (Dublin Crossing – Public
Services)
5. Exhibit A to Resolution - Special Election Ballot
6. Resolution Declaring the Results of the Special Mailed-Ballot Election for Community
Facilities District No. 2017-1 (Dublin Crossing – Public Services)
7. Ordinance Levying Special Taxes Within Community Facilities District No. 2017-1
(Dublin Crossing – Public Services)
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
COMMUNITY FACILITIES DISTRICT REPORT
CONTENTS
Introduction
A. Description of Services
B. Proposed Boundaries of the Community Facilities District
C. Cost Estimate
D. Rate and Method of Apportionment of Special Tax
* * * * * * * * * * * *
Exhibit A – Description of the Proposed Services
Exhibit B – Cost Estimate
Exhibit C – Rate and Method of Apportionment of Special Tax
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
INTRODUCTION
The City Council (the “City Council”) of the City of Dublin (the “City”) did, pursuant
to the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Law”), on May
16, 2017, adopt a resolution entitled, “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” (the “Resolution of Intention”). In the
Resolution of Intention, the City Council expressly ordered the preparation of a written
Community Facilities District Report (the “Report”) for the proposed City of Dublin
Community Facilities District No. 2017-1 (Dublin Crossing – Public Services) (the “CFD”).
The Resolution of Intention ordering the Report did direct that the Report generally
contain the following:
(a) A description of the services (the “Services”) by type which will be
required to adequately meet the needs of the CFD; and
(b) An estimate of the fair and reasonable cost of the Services included
therewith.
For particulars, reference is made to the Resolution of Intention for the CFD, as
previously approved and adopted by the City Council.
NOW, THEREFORE, the following data is submitted pursuant to the direction of
the City Council:
A. DESCRIPTION OF SERVICES AND COST ESTIMATES. A general
description of the proposed Services is set forth in Exhibit “A” attached hereto and hereby
made a part hereof.
B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
The proposed boundaries of the CFD are those properties and parcels on which special
taxes may be levied to pay for the costs and expenses of the Services. The proposed
boundaries of the CFD are identified in the map entitled “Proposed Boundaries of City of
Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public Services), City
of Dublin, County of Alameda, California” (the “CFD Boundary Map”) on file with the City
Clerk.
The City Council also declared in the Resolution of Intention its intent to form a
future annexation area (the “Future Annexation Area”) for the CFD. Parcels within the
Future Annexation Area will be annexed to the CFD only with the unanimous approval of
the owner or owners of each parcel or parcels at the time that parcel or those parcels are
annexed. The proposed boundaries of the Future Annexation Area are also described
on the CFD Boundary Map. The designation of the Future Annexation Area does not
preclude properties outside this area from annexing into the CFD. However, if a property
outside the Future Annexation Area proposes to annex, there will be actions required at
multiple City Council meetings, including a public hearing and an election of the owner(s)
of property proposed for annexation.
C. COST ESTIMATE. The cost estimate for the Services that may be funded by
the CFD is set forth in Exhibit “B” attached hereto and hereby made a part hereof.
D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX. All of the
property located within the CFD boundaries, unless exempted by law or by the Rate and
Method of Apportionment of Special Tax (the “RMA”), shall be taxed to finance the costs
of providing the Services. The City will annually determine the actual amount of the
special tax levy based on the method and subject to the Maximum Special Tax rates
contained in the RMA. The RMA is provided in Exhibit “C” attached hereto and hereby
made a part hereof.
EXHIBIT A
City of Dublin
Community Facilities District No. 2017-1
(Dublin Crossing – Public Services)
DESCRIPTION OF SERVICES
The captioned Community Facilities District will finance, in whole or in part, the
following services (“services” shall have the meaning given to that term in the Mello-Roos
Community Facilities Act of 1982), including but not limited to:
I. Landscape Maintenance
Maintenance is limited to public landscaping within public street medians.
Maintenance activities include regular trimming, weeding, irrigation, annual inspection of
backflow preventer, and plant replacement when needed.
II. Street Lights
Street light maintenance is limited to the public street lights within the CFD.
Maintenance includes bulb replacement and knock-down repair.
III. Utilities
The CFD will include payment of recycled water service for irrigation and electrical
services for both the irrigation controller and street lights.
IV. Reserves
The CFD will collect reserve funds for the eventual replacement of street lights, the
backflow preventer, irrigation hardware, and landscape plant materials.
V. Administration
Administration includes City staff and consulting costs associated with the
management and supervision of the CFD. These costs include the incidential expenses
set forth below. Examples of such expenses include: management of landscape and
street light maintenance contractors; annual reports and budget preparation in order to
levy and collect the special tax, responding to property owner inquiries regarding the
special tax, the administrative fee collected by the County to place the special tax on the
tax roll, and other costs and expenses of the City related to administration of the CFD.
VI. Incidental Expenses
• Engineering consulting services
• Special tax consultant services
• District staff and district general counsel review, oversight and
administrative services
• Special tax administration services
• Publishing and mailing of notices
• Recording fees
• Governmental notification and filing fees
The expenses of certain recurring services pertaining to the CFD may be included
in each annual special tax levy, and these expenses are described in the RMA. The
foregoing enumeration shall not be regarded as exclusive and shall be deemed to include
any other incidental expenses of a like nature which may be incurred from time to time
with respect to the CFD.
EXHIBIT B
City of Dublin
Community Facilities District No. 2017-1
(Dublin Crossing – Public Services)
COST ESTIMATE
Services Estimated Cost
Maintenance (Landscape & Street Lights) $23,110
Utilities $19,180
Reserve Funding $18,340
Administration $9,848
Total Estimated Cost (FY 2017-18 $) $70,478
EXHIBIT C
City of Dublin
Community Facilities District No. 2017-1
(Dublin Crossing – Public Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
City of Dublin CFD No. 2017-1 1 May 5, 2017
EXHIBIT C
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING - PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
____________________________________________________________________________
A Special Tax applicable to each Assessor’s Parcel in the City of Dublin Community Facilities
District No. 2017-1 (Dublin Crossing - Public Services) shall be levied and collected according to the
tax liability determined by the City or its designee, through the application of the appropriate amount
or rate for Taxable Property, as described herein. All of the property in the CFD, unless exempted by
law or by the provisions of Section F herein, shall be taxed for the purposes, to the extent, and in the
manner herein provided, including property subsequently annexed to the CFD unless a separate rate
and method of apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel
Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the
applicable Final Map or other parcel map recorded at the County Recorder’s Office.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
(commencing with Section 53311), Part 1, Division 2 of Title 5 of the Government Code of the State
of California.
“Administrative Expenses” means any or all of the following: the expenses of the City in carrying
out its duties with respect to the CFD including, but not limited to, the levy and collection of the
Special Tax, the review of any appeals by property owners, the fees and expenses of its legal counsel,
charges levied by the County in connection with the levy and collection of the Special Tax, costs
related to property owner inquiries regarding the Special Tax, and all other costs and expenses of the
City and County in any way related to the administration of the CFD.
“Administrator” shall mean the person or firm designated by the City to administer the Special Tax
according to this RMA.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an
assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by
Assessor’s Parcel number.
City of Dublin CFD No. 2017-1 2 May 5, 2017
“Authorized Services” means those services that are authorized to be funded by the CFD.
“Building Permit” means a permit that allows for vertical construction of a Residential Unit or a
building with multiple Residential Units, and shall not include a separate permit issued for
construction of the foundation thereof.
“CFD” or “CFD No. 2017-1” means City of Dublin Community Facilities District No. 2017-1
(Dublin Crossing – Public Services).
“CFD Formation” means the date on which the Resolution of Formation to form the CFD was
adopted by the City Council.
“City” means the City of Dublin.
“City Council” means the City Council of the City of Dublin, acting as the legislative body of CFD
No. 2017-1.
“County” means the County of Alameda.
“Developed Property” means, in any Fiscal Year, all Parcels of Single Family Detached Property,
Multi-Family Property, and Non-Residential Property for which a Building Permit was issued prior
to June 30 of the preceding Fiscal Year.
“Development Class” means, individually, Developed Property and Undeveloped Property.
“Final Map” means a final map, or portion thereof, recorded by the County pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.) that creates lots which
do not need to be further subdivided prior to issuance of a building permit for a residential structure.
The term “Final Map” shall not include any Assessor’s Parcel map or subdivision map, or portion
thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels
that are designated as remainder parcels.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“Future Annexation Area” means the geographic area that, at the time of CFD Formation, was
considered potential annexation area for the CFD and which was, therefore, identified as “future
annexation area” on the recorded CFD boundary map. Such designation does not mean that any or
all of the Future Annexation Area will annex into the CFD, but should property designated as Future
Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined
annexation procedures provided in the Act.
“Homeowners Association” means the homeowners association, including any master or sub-
association, that provides services to, and collects dues, fees, or charges from, property within the
CFD.
City of Dublin CFD No. 2017-1 3 May 5, 2017
“Homeowners Association Property” means any property within the boundaries of the CFD that
is owned in fee or by easement by the Homeowners Association, not including any such property
that is located directly under a residential structure.
“Maximum Special Tax” means the maximum Special Tax that can be levied on an Assessor’s
Parcel in any Fiscal Year determined in accordance with Section C below.
“Multi-Family Property” means, in any Fiscal Year, all Parcels for which a Building Permit was
issued for construction of a residential structure consisting of two or more Residential Units that
share common walls.
“Non-Residential Property” means, in any Fiscal Year, all Parcels of Developed Property within
the boundaries of the CFD that are not Single Family Detached Property, Multi-Family Property,
Homeowner Association Property, or Public Property, as defined herein.
“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied in
any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for
all Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio
of the actual Special Tax levied to the Maximum Special Tax authorized to be levied is equal for all
Parcels of Undeveloped Property.
“Public Property” means any property within the boundaries of the CFD that is owned by the
federal government, State of California or other local governments or public agencies.
“Residential Unit” means, for Single Family Detached Property, an individual single-family
detached unit, and, for Multi-Family Property, an individual residential unit within a duplex,
halfplex, triplex, fourplex, townhome, live/work or condominium structure, or apartment building.
“RMA” means this Rate and Method of Apportionment of Special Tax.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels for which a Building
Permit was issued for construction of a Residential Unit that does not share a common wall with
another Residential Unit.
“Special Tax” means a Special Tax levied in any Fiscal Year to pay the Special Tax Requirement.
“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i)
Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any
delinquencies in the payment of Special Taxes which have occurred in the prior Fiscal Year. In any
Fiscal Year, the Special Tax Requirement shall be reduced by surplus amounts available (as
determined by the City) from the levy of the Special Tax in prior Fiscal Years, including revenues
from the collection of delinquent Special Taxes and associated penalties and interest.
“Square Foot” or “Square Footage” means the square footage of a Residential Unit reflected on a
Building Permit, condominium plan, site plan, or other such document. If the Square Footage shown
on a site plan or condominium plan is inconsistent with the Square Footage reflected on the Building
City of Dublin CFD No. 2017-1 4 May 5, 2017
Permit issued for construction of the Residential Unit, the Square Footage from the Building Permit
shall be used to determine the appropriate Square Footage Category for the Residential Unit.
“Square Footage Category” means one of the six different categories of Single Family Detached
Property and Multi-Family Property set forth in Section C below.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of the CFD that are
not exempt from the Special Tax pursuant to law or Section F below.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel
or Parcels annexed into the CFD that constitutes the property owner’s approval and unanimous vote
in favor of annexing into the CFD and the levy of the Special Tax against his/her Parcel or Parcels
pursuant to this RMA.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not
Developed Property.
B. DATA FOR ADMINISTRATION OF SPECIAL TAX
Each Fiscal Year, the Administrator shall (i) categorize each Parcel of Taxable Property as
Developed Property or Undeveloped Property, (ii) categorize each Parcel of Developed Property as
Single Family Detached Property, Multi-Family Property, or Non-Residential Property, and (iii)
determine the Special Tax Requirement. For Multi-Family Property, the number of Residential Units
shall be determined by referencing the condominium plan, apartment plan, site plan or other
development plan.
In any Fiscal Year, if it is determined that: (i) a parcel map for property in the CFD was recorded
after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not
incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel
map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map,
and (iii) one or more of the newly-created parcels is in a different Development Class than other
parcels created by the subdivision, the Administrator shall calculate the Special Tax for the property
affected by recordation of the parcel map by determining the Special Tax that applies separately to
the property within each Development Class, then applying the sum of the individual Special Taxes
to the Parcel that was subdivided by recordation of the parcel map.
C. MAXIMUM SPECIAL TAX
1. Developed Property
The following maximum Special Tax rates shall apply to all Parcels of Developed Property within
the CFD for each Fiscal Year in which the Special Tax is levied and collected:
City of Dublin CFD No. 2017-1 5 May 5, 2017
TABLE 1
Developed Property
Fiscal Year 2017-18
Maximum Special Taxes *
Land Use
Square Footage
Category
Maximum
Special Tax
(Fiscal Year 2017-18)*
Single Family
Detached Property
Residential Units
greater than 2,300
Square Feet
$57 per
Residential Unit
Single Family
Detached Property
Residential Units
2,100 to 2,300
Square Feet
$53 per
Residential Unit
Single Family
Detached Property
Residential Units
less than 2,100
Square Feet
$49 per
Residential Unit
Multi-Family
Property
Residential Units
greater than 1,800
Square Feet
$48 per
Residential Unit
Multi-Family
Property
Residential Units
1,600 to 1,800
Square Feet
$43 per
Residential Unit
Multi-Family
Property
Residential Units
less than 1,600
Square Feet
$38 per
Residential Unit
*On July 1, 2018 and on each July 1 thereafter, the Maximum Special Taxes shown in Table 1 shall be increased
by an amount equal to 4.0% of the amount in effect for the prior Fiscal Year.
2. Non-Residential Property
The Maximum Special Tax for Parcels of Non-Residential Property in Fiscal Year 2017-18 is $1,600
per Acre, which shall be increased on July 1, 2018 and on each July 1 thereafter by an amount equal
to 4.0% of the amount in effect for the prior Fiscal Year.
3. Undeveloped Property
The Maximum Special Tax for Parcels of Undeveloped Property in Fiscal Year 2017-18 is $1,600
per Acre, which shall be increased on July 1, 2018 and on each July 1 thereafter by an amount equal
to 4.0% of the amount in effect for the prior Fiscal Year.
D. METHOD OF LEVY OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement to be collected in
that Fiscal Year. A Special Tax shall then be levied according to the following steps:
City of Dublin CFD No. 2017-1 6 May 5, 2017
Step 1. The Special Tax shall be levied Proportionately on each Parcel of Developed
Property, up to 100% of the Maximum Special Tax for each Parcel of Developed
Property until the amount levied is equal to the Special Tax Requirement.
Step 2. If additional revenue is needed after Step 1 to pay the Special Tax Requirement,
the Special Tax shall be levied Proportionately on each Parcel of Undeveloped
Property up to 100% of the Maximum Special Tax for each Parcel of
Undeveloped Property.
E. MANNER OF COLLECTION OF SPECIAL TAXES
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that the City may directly bill the Special Tax, may collect
Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes
through foreclosure or other available methods. The Special Tax may be levied in perpetuity.
F. EXEMPTIONS
Notwithstanding any other provision of this RMA, no Special Tax shall be levied on Homeowners
Association Property or Public Property within the CFD. In addition, no Special Tax shall be levied
on Parcels that (i) are designated as permanent open space or common space on which no structure
is permitted to be constructed, (ii) are owned by a public utility for an unmanned facility, or (iii) are
subject to an easement that precludes any other use on the Parcels.
G. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that
do not materially affect the rate and method of apportioning Special Taxes. In addition, the
interpretation and application of any section of this document shall be left to the City’s discretion.
Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any
vagueness or ambiguity in this RMA.
ATTACHMENT 2
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
FORMATION OF A COMMUNITY FACILITIES DISTRICT, CONDITIONAL AUTHORIZATION
TO LEVY A SPECIAL TAX, AND CONDITIONAL ESTABLISHMENT OF AN INITIAL
APPROPRATIONS LIMIT FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
WHEREAS, reference is made to the Resolution of Intention, Resolution No. 53 -17 (the
“Resolution of Intention”) which was adopted by this City Council (this “City Counc il”) on May 16,
2017, and to the Community Facilities District Report on file with the City Clerk of the City of
Dublin (the “City Clerk”), for a description of (a) the boundary of the community facilities district
proposed to be established pursuant to the Mello-Roos Community Facilities Act of 1982
(Sections 53311 and following, California Government Code; hereafter in this resolution, the
“Act”), (b) the area proposed to be designated as future annexation area (the “Future
Annexation Area”) as provided by the Act, (c) the Authorized CFD Public Services (as defined in
the Resolution of Intention), and (d) the rate and method of apportionment of the special tax
proposed to be levied on the land within the community facilities district.
WHEREAS, in the Resolution of Intention, this City Council scheduled a public hearing
with respect to these proceedings for this date, and, as evidenced by a proof of publication in file
with the City Clerk, a notice of the public hearing was published as prescribed by the Res olution
of Intention and in conformity with the Act; and
WHEREAS, at the time set for the public hearing on this date, this City Council
conducted the public hearing, and at the close of the public hearing determined that a majority
protest under Section 53324 of the Act was not made at the hearing; and
WHEREAS, this City Council wishes by this resolution (a) to declare the formation of the
City of Dublin Community Facilities District No. 2017 -1 (Dublin Crossing – Public Services)
(“CFD No. 2017-1”), (b) to identify the Authorized CFD Public Services, (c) to provide for the
future annexation of the Future Annexation Area in sequential portions, without additional
hearing, as prescribed by the Act; and (d) subject to voter approval, to (i) authorize the levy of a
special tax on the land within CFD No. 2017-1, (ii) provide the rate and method of apportionment
of the special tax, and (iii) establish the initial annual appropriations limitation for CFD No. 2017 -
1, all as more fully set forth herein.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin
hereby finds, determines and resolves as follows:
Section 1. The foregoing recitals are true and correct, and this City Council hereby
expressly so finds and determines.
Section 2. There is hereby formed a community facilities district to be known as the
City of Dublin Community Facilities District No. 2017 -1 (Dublin Crossing – Public Services)
(“CFD No. 2017-1”) under the terms of the Act. The boundaries of CFD No. 2017-1 and the
Future Annexation Area are shown on the boundary map approved by the Resolution Approving
Boundary Map, Resolution No. 51-17, adopted by this City Council on May 16, 2017, and
recorded in the official records of the Alameda County Recorder on June 7, 2017, in Book 18 of
ATTACHMENT 2
Maps of Assessment and Community Facilities Districts, at page 81, as Document No.
2017124226 (the “Boundary Map”).
Section 3. The Authorized CFD Public Services proposed to be financed, in whole or
in part, by proceeds of the special tax (the “Special Tax”) to be levied on the nonexempt
property within CFD No. 2017-1 are described in the Exhibit A attached to this resolution and by
this reference made a part hereof. This City Council hereby finds and determines that the
Authorized CFD Public Services are necessary in order to finance the maintenance, operation,
and lighting of landscaped streets and street medians within CFD No. 2017-1, as initially
established and later expanded by annexation, and shall be authorized to finance any or all of
the Authorized CFD Public Services regardless of geographic location of the Authorized CFD
Public Services.
Section 4. Except where funds are otherwise available, and subject to the voter
approval required by the Act, the Special Tax is hereby authorized to be levied annually on all
nonexempt 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 to be made in accordance with
the provisions of the rate and method of apportionment of special tax (“RMA”). Upon
recordation of (a) the initial notice of special tax lien pursuant to Section 3114.5 of the California
Streets and Highways Code (the “S&H Code”) or (b) an amendment to the notice of special tax
lien pursuant to Section 3117.5 of the S&H Code as to each 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 with respect to any parcel or all of the nonexempt real property is prepaid and
permanently satisfied and the lien cancelled in accordance with law or until levy and collection of
the Special Tax respecting any parcel or all of the nonexempt real pro perty by the City ceases.
Without limiting the generality of the foregoing, this City Council hereby approves the
RMA, as set forth in Exhibit B, which will apply to all nonexempt real property within CFD No.
2017-1.
Section 5. This City Council hereby finds and determines that the provisions of
Sections 53313.6, 53313.7 and 53313.9 of the Act, which provide for an adjustment of ad
valorem taxes relating to CFD-financed schools, are inapplicable to CFD No. 2017-1.
Section 6. 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 in Exhibit A attached to
this resolution and by this reference made a part hereof.
Section 7. This City Council hereby approves the establishment of the initial boundary
of CFD No. 2017-1 as shown on the Boundary Map.
Section 8. 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, 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 9. The Director of Administrative Services of the City (the “Director of
Administrative Services”), 100 Civic Plaza, Dublin, CA 94568, telephone (925) 833 -6640, is
hereby designated as the person responsible for preparing or causing the preparation ann ually
of a current roll, of the amount of the Special Tax to be levied on each nonexempt parcel,
identified by assessor’s parcel number, and for responding to inquiries regarding estimates of
future Special Tax levies. The City may contract with private consultants to provide this service
in lieu of the Director of Administrative Services.
ATTACHMENT 2
Section 10. 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”). Howe ver, 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 11. Subject to the voter approval required by the Act, this City Council hereby
establishes the initial annual appropriations limit for CFD No. 2017 -1 at $25,000 for Fiscal Year
2017-18.
Section 12. On the basis of the information set forth in that certain certificate entitled
“Certificate re Registered Voters” on file with the City Clerk and presented to this City Council,
the qualified electors for the special election to be held in these proceedings shall be the
landowners of the land within 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. The election will be conducted as a mailed-ballot election, and this City Council
hereby designates the City Clerk as the official to conduct the mailed-ballot election.
Section 13. This City Council now finds and determines that all proceedings up to and
including the adoption of this resolution were and are valid and in conformity with the
requirements of the Act. This finding and determination is final and conclusive in accordance
with Section 53325.1(b) of the Act.
Section 14. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
EXHIBIT A
City of Dublin
Community Facilities District No. 2017 -1
(Dublin Crossing -- Public Services)
DESCRIPTION OF SERVICES
The captioned Community Facilities District will finance, in whole or in part, the
following services ( "services" shall have the meaning given to that term in the Mello -Roos
Community Facilities Act of 1982), including but not limited to:
I. Landscape Maintenance
Maintenance is limited to public landscaping within public street medians.
Maintenance activities include regular trimming, weeding, irrigation, annual inspection of
backflow preventer, and plant replacement when needed.
IL Street Lights
Street light maintenance is limited to the public street lights within the CFD.
Maintenance includes bulb replacement and knock -down repair.
Ill. Utilities
The CFD will include payment of recycled water service for irrigation and electrical
services for both the irrigation controller and street lights.
IV. Reserves
The CFD will collect reserve funds for the eventual replacement of street lights, the
backflow preventer, irrigation hardware, and landscape plant materials.
V. Administration
Administration includes City staff and consulting costs associated with the
management and supervision of the CFD. These costs include the incidential expenses
set forth below. Examples of such expenses include: management of landscape and
street light maintenance contractors; annual reports and budget preparation in order to
levy and collect the special tax, responding to property owner inquiries regarding the
special tax, the administrative fee collected by the County to place the special tax on the
tax roll, and other costs and expenses of the City related to administration of the CFD.
VI. Incidental Expenses
• Engineering consulting services
• Special tax consultant services
• District staff and district general counsel review, oversight and
administrative services
• Special tax administration services
• Publishing and mailing of notices
• Recording fees
• Governmental notification and filing fees
The expenses of certain recurring services pertaining to the CFD may be included
in each annual special tax levy, and these expenses are described in the RMA. The
foregoing enumeration shall not be regarded as exclusive and shall be deemed to include
any other incidental expenses of a like nature which may be incurred from time to time
with respect to the CFD.
EXHIBIT B
City of Dublin
Community Facilities District No, 2017 -1
(Dublin Crossing — Public Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017 -1
(DUBLIN CROSSING - PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in the City of Dublin Community Facilities
District No. 2017 -1 (Dublin Crossing - Public Services) shall be levied and collected according to the
tax liability determined by the City or its designee, through the application of the appropriate amount
or rate for Taxable Property, as described herein, All of the property in the CFD, unless exempted by
law or by the provisions of Section F herein, shall be taxed for the purposes, to the extent, and in the
manner herein provided, including property subsequently annexed to the CFD unless a separate rate
and method of apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable Final Map or other parcel map recorded at the County Recorder's Office.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
(commencing with Section 53311), Part 1, Division 2 of Title 5 of the Government Code of the State
of California,
"Administrative Expenses" means any or all of the following: the expenses of the City in carrying
out its duties with respect to the CFD including, but not limited to, the levy and collection of the
Special Tax, the review of any appeals by property owners, the fees and expenses of its legal counsel,
charges levied by the County in connection with the levy and collection of the Special Tax, costs
related to property owner inquiries regarding the Special Tax, and all other costs and expenses of the
City and County in any way related to the administration of the CFD.
"Administrator" shall mean the person or firm designated by the City to administer the Special Tax
according to this RMA.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor designating Parcels by
Assessor's Parcel number.
City of Dublin CFD No. 2017 -1 1 Alay 5, 2017
"Authorized Services" means those set-vices that are authorized to be funded by the CFD.
"Building Permit" means a permit that allows for vertical construction of a Residential Unit or a
building with multiple Residential Units, and shall not include a separate permit issued for
construction of the foundation thereof.
"CFD" or "CFD No. 2417 -1" means City of Dublin Comtnunity Facilities District No. 2017 -1
(Dublin Crossing — Public Services).
"CFD Formation" means the date on which the Resolution of Formation to form the CFD was
adopted by the City Council.
"City" means the City of Dublin.
"City Council" means the City Council of the City of Dublin, acting as the legislative body of CFD
No, 2017 -1.
"County" means the County of Alameda.
"Developed Property" means, in any Fiscal Year, all Parcels of Single Family Detached Property,
Multi- Family Property, and Non - Residential Property for which a Building Permit was issued prior
to June 30 of the preceding Fiscal Year.
"Development Class" means, individually, Developed Property and Undeveloped Property.
"Final Map" means a final map, or portion thereof, recorded by the County pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.) that creates lots which
do not need to be further subdivided prior to issuance of a building permit for a residential structure.
The term "Final Map" shall not include any Assessor's Parcel map or subdivision map, or portion
thereof, that does not create lots that are in their final configuration, including Assessor's Parcels
that are designated as remainder parcels.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Future Annexation Area" means the geographic area that, at the time of CFD Formation, was
considered potential annexation area for the CFD and which was, therefore, identified as "future
annexation area" on the recorded CFD boundary map. Such designation does not mean that any or
all of the Future Annexation Area will annex into the CFD, but should property designated as Future
Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined
annexation procedures provided in the Act.
"Homeowners Association" means the homeowners association, including any master or sub -
association, that provides services to, and collects dues, fees, or charges from, property within the
CFD.
City of Dublin CFD No. 2017-1 2 May S, 2017
"Homeowners Association Property" means any property within the boundaries of the CFD that
is owned in fee or by easement by the Homeowners Association, not including any such property
that is located directly under a residential structure.
"Maximum Special Tax" means the maximum Special Tax that can be levied on an Assessor's
Parcel in any Fiscal Year determined in accordance with Section C below.
"Multi - Family Property" means, in any Fiscal Year, all Parcels for which a Building Permit was
issued for construction of a residential structure consisting of two or more Residential Units that
share common walls.
"Non- Residential Property" means, in any Fiscal Year, all Parcels of Developed Property within
the boundaries of the CFD that are not Single Family Detached Property, Multi- Family Property,
Homeowner Association Property, or Public Property, as defined herein.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levied in
any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for
all Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio
of the actual Special Tax levied to the Maximum Special Tax authorized to be levied is equal for all
Parcels of Undeveloped Property.
"Public Property" means any property within the boundaries of the CFD that is owned by the
federal government, State of California or other local governments or public agencies.
"Residential Unit" means, for Single Family Detached Property, an individual single- family
detached unit, and, for Multi - Family Property, an individual residential unit within a duplex,
halfplex, triplex, fourplex, townhome, live /work or condominium structure, or apartment building.
"RMA" means this Rate and Method of Apportionment of Special Tax.
"Single Family Detached Property" means, in any Fiscal Year, all Parcels for which a Building
Permit was issued for construction of a Residential Unit that does not share a common wall with
another Residential Unit.
"Special Tax" means a Special Tax levied in any Fiscal Year to pay the Special Tax Requirement.
"Special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for: (i)
Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any
delinquencies in the payment of Special Taxes which have occurred in the prior Fiscal Year. In any
Fiscal Year, the Special Tax Requirement shall be reduced by surplus amounts available (as
determined by the City) from the levy of the Special Tax in prior Fiscal Years, including revenues
from the collection of delinquent Special Taxes and associated penalties and interest.
"Square Foot" or "Square Footage" means the square footage of a Residential Unit reflected on a
Building Permit, condominium plan, site plan, or other such document. If the Square Footage shown
on a site plan or condominium plan is inconsistent with the Square Footage reflected on the Building
City of Dublin CFD No. 2017 -1 3 hfay S, 2017
Permit issued for construction of the Residential Unit, the Square Footage from the Building Permit
shall be used to determine the appropriate Square Footage Category for the Residential Unit.
"Square Footage Category" means one of the six different categories of Single Family Detached
Property and Multi - Family Property set forth in Section C below.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are
not exempt from the Special Tax pursuant to law or Section F below.
"Unanimous Approval Form" means that form executed by the record owner of fee title to a Parcel
or Parcels annexed into the CFD that constitutes the property owner's approval and unanimous vote
in favor of annexing into the CFD and the levy of the Special Tax against his/her Parcel or Parcels
pursuant to this RMA.
"Undeveloped Property" means, in any Fiscal Year, all Parcels of Taxable Property that are not
Developed Property.
B. 12ATA FOR ADMINISTRATION OF SPECIAL TAX
Each Fiscal Year, the Administrator shall (i) categorize each Parcel of Taxable Property as
Developed Property or Undeveloped Property, (ii) categorize each Parcel of Developed Property as
Single Family Detached Property, Multi - Family Property, or Non - Residential Property, and (iii)
determine the Special Tax Requirement. For Multi - Family Property, the number of Residential Units
shall be determined by referencing the condominium plan, apartment plan, site plan or other
development plan.
In any Fiscal Year, if it is determined that: (i) a parcel map for property in the CFD was recorded
after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not
incorporate the newly- created Parcels into the then current tax roll), (ii) because of the date the parcel
map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map,
and (iii) one or more of the newly - created parcels is in a different Development Class than other
parcels created by the subdivision, the Administrator shall calculate the Special Tax for the property
affected by recordation of the parcel map by determining the Special Tax that applies separately to
the property within each Development Class, then applying the sum of the individual Special Taxes
to the Parcel that was subdivided by recordation of the parcel map.
C. MAXIMUM SPECIAL TAX
1. Developed Property
The following maximum Special Tax rates shall apply to all Parcels of Developed Property within
the CFD for each Fiscal Year in which the Special Tax is levied and collected;
City ofDablin CFD No. 2017 -1 4 Alay S, 2017
TABLE I
Developed Property
Fiscal Year 2017 -18
Maximum Special Taxes
Maximum
Square Footage
Special Tax
Land Use
Category
(Fiscal Year 2017 -18
Residential Units
Single Family
greater than 2,300
$57 per
Detached Property
Square Feet
Residential Unit
Residential Units
Single Family
2,100 to 2,300
$53 per
Detached Property
Square Feet
Residential Unit
Residential Units
Single Family
less than 2,100
$49 per
Detached Property
Square Feet
Residential Unit
Residential Units
Multi - Family
greater than 1,800
$48 per
Property
Square Feet
Residential Unit
Residential Units
Multi - Family
1,600 to 1,800
$43 per
Property
Square Feet
Residential Unit
Residential Units
Multi- Family
less than 1,600
$38 per
Property
Square Feet
Residential Unit
*On July 1, 2018 and on each July 1 thereafter, the Maximum Special Taxes shown in Table 1 shall be increased
by an amount equal to 4.0% of the amount in effect for the prior Fiscal Year.
2. Non - Residential Property
The Maximum Special Tax for Parcels of Non-Residential Property in Fiscal Year 2017 -18 is $1,600
per Acre, which shall be increased on July 1, 2018 and on each July 1 thereafter by an amount equal
to 4.0% of the amount in effect for the prior Fiscal Year.
3. Undeveloped Property
The Maximum Special Tax for Parcels of Undeveloped Property in Fiscal Year 2017 -18 is $1,600
per Acre, which shall be increased on July 1, 2018 and on each July 1 thereafter by an amount equal
to 4.0% of the amount in effect for the prior Fiscal Year.
D. METHOD OF-LEVY OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement to be collected in
that Fiscal Year, A Special Tax shall then be levied according to the following steps:
City of Dublin CFD No. 2017 -1 5 May 5, 2017
Step L The Special Tax shall be levied Proportionately on each Parcel of Developed
Property, up to 100% of the Maximum Special Tax for each Parcel of Developed
Property until the amount levied is equal to the Special Tax Requirement.
Step 2. If additional revenue is needed after Step I to pay the Special Tax Requirement,
the Special Tax shall be levied Proportionately on each Parcel of Undeveloped
Property up to 100% of the Maximum Special Tax for each Parcel of
Undeveloped Property.
E. MANNER OF COLLECTI N OF SPECIAL JAXES
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that the City may directly bill the Special Tax, may collect
Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes
through foreclosure or other available methods. The Special Tax may be Ievied in perpetuity.
F. LX 4=11 NS
Notwithstanding any other provision of this RMA, no Special Tax shall be levied on Homeowners
Association Property or Public Property within the CFD. In addition, no Special Tax shall be levied
on Parcels that (i) are designated as permanent open space or common space on which no structure
is permitted to be constructed, (ii) are owned by a public utility for an unmanned facility, or (iii) are
subject to an easement that precludes any other use on the Parcels.
G. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that
do not materially affect the rate and method of apportioning Special Taxes. In addition, the
interpretation and application of any section of this document shall be Ieft to the City's discretion.
Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any
vagueness or ambiguity in this RMA.
City of Dublin CFD No. 2017 -1 6 May S, 2017
ATTACHMENT 4
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
CALLING SPECIAL MAILED-BALLOT ELECTION AND SUBMITTING TO THE VOTERS OF
CFD NO. 2017-1 THE ANNUAL LEVY OF SPECIAL TAXES WITHIN CFD NO. 2017 -1 TO
FINANCE PUBLIC SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
WHEREAS, at the close of the public hearing on this date with respect to its proposed
City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public Services)
(“CFD No. 2017-1”), this City Council (this "City Council") of the City of Dublin (the "City") found
and determined that a majority protest was not made at the hearing, as provided by the Mello -
Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government
Code) (the “Act”) and specifically Section 53324 of the Act; and
WHEREAS, having determined that a majority protest was not made, this City Council
adopted its Resolution of Formation pursuant to Section 53325.1 of the Act, thereby concluding
its legal proceedings to (a) establish CFD No. 2017-1, (b) designate additional territory as
Future Annexation Area, (c) conditionally authorize the levy of a special tax (the “Special Tax”)
on the nonexempt parcels within CFD No. 2017-1, and (d) approve the instrument providing the
rate and method of apportionment of special tax (“RMA”), attached to the Resolution of
Formation as Exhibit B; and
WHEREAS, the purpose of establishing CFD No. 2017-1 (hereafter, all references to
CFD No. 2017-1 shall be deemed to include additional territory later annexed to CFD No. 2017 -
1) is to provide financing, for, among other things, authorized CFD public services (the
“Authorized CFD Public Services”); and
WHEREAS, the financing is to be provided through the levy and collection of the Special
Tax on nonexempt property within CFD No. 2017-1 (the “Special Tax”) in accordance with the
applicable RMA; and
WHEREAS, in order to (1) authorize levy of the Special Tax and (2) establish an initial
annual appropriations limit for CFD No. 2017 -1, each as provided by the Resolution of
Formation, the matters must be submitted to an election of the qualified electors of CFD No.
2017-1; and
WHEREAS, Section 53353.5 of the Act provides that the two matters may be combined
into a single ballot measure, as provided in the form of special election ballot attached hereto as
Exhibit A and by this reference incorporated herein; and
WHEREAS, as set forth in the Resolution of Formation, the qualified electors for the
special election shall be the landowners of the land within CFD No. 2017 -1; and
WHEREAS, on the basis of the executed “Waiver and Consent Respecting Conduct of
Mailed-Ballot, Landowner Election” (the “Waiver and Consent”) which has been filed with the
ATTACHMENT 4
City Clerk and presented at this meeting, this City Council hereby finds and determines as
follows:
a. the landowners of the land within CFD No. 2017-1 and therefore the parties entitled
to cast ballots in the special mailed-ballot election are
Dublin Crossing, LLC, a Delaware limited liability company
Brookfield Bay Area Holdings LLC, a Delaware limited liability company
Brookfield Wilshire LLC, a Delaware limited liability company
CalAtlantic Group, Inc., A Delaware corporation
Brookfield Fillmore, LLC, a Delaware limited liability company
(the “Landowners”);
b. the land within CFD No. 2017-1 consists of approximately 28 acres, as shown on
Exhibit A;
c. the Landowners have consented to the conduct of the special mailed -ballot election
on this date and have waived the requirements to (1) prepare and distribute an
impartial analysis, (2) invite arguments in favor of or against the ballot measure, (3)
publish a notice of the election and (4) mail the special election ballot a prescribed
number of days prior to the election; and
d. the Landowners have agreed to accept personal service of the ballot; and
WHEREAS, this City Council, by this resolution, wishes to call the special mailed -ballot
election to be held on this date immediately upon adoption of this re solution, and to direct that,
forthwith upon receiving an executed and completed ballot from each of the Landowners, the
City Clerk shall close the election and declare the results to this City Council.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin
hereby finds, determines and resolves as follows:
Section 1. The foregoing recitals are true and correct, and this City Council hereby
expressly so finds and determines.
Section 2. Pursuant to Sections 53326 and 53351 of the Act, th is City Council hereby
calls a special mailed-ballot election, to be held and conducted forthwith upon adoption of this
resolution, and sets this same date as the election date.
Section 3. The measure to be submitted to the Landowners, as the qualified e lectors
of CFD No. 2017-1, shall be as set forth in Exhibit A.
Section 4. The action of the City Clerk in providing the special election ballot to the
Sole Landowner by personal service is hereby ratified.
Section 5. The City Clerk is hereby directed, forthwith upon receiving an executed and
completed ballot from the Landowners, to close the election and declare the results to this City
Council.
ATTACHMENT 4
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
ATTACHMENT 5
EXHIBIT A TO RESOLUTION
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
SPECIAL ELECTION BALLOT
ATTACHMENT 5
Exhibit A
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of the authorized representative(s) of the following owner of the land
within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public
Services) (“CFD No. 2017-1”):
Name of Landowner Number of Acres Owned Total Votes
Dublin Crossing, LLC 1.81 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and
resolutions of the City Council (the “City Council”) of the City of Dublin (the “City”), the above-
named landowner is entitled to cast the number of votes shown above under the heading “Total
Votes,” representing the total votes for the property owned by the above named landowner
within CFD No. 2017-1.
In order to be counted, this ballot must be executed and certified below and be returned to
the City Clerk of the City (the “City Clerk”), either by mail or in person, prior to 7:00 p.m. on June
20, 2017 (the “Election Date”), or as soon thereafter as the matter of the special elect ion for
CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Mailing on the Election Date will not be sufficient. The ballot must be physically received by
the City Clerk prior to the deadline in order to be counted.
ATTACHMENT 5
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT.
BALLOT MEASURE
Shall the City Council of the City of Dublin be authorized to levy
a special tax on the property within CFD No. 2017-1 pursuant
to the rate and method of apportionment of special tax
attached as Exhibit B to the Resolution of Formation adopted
on June 20, 2017; to finance public services, fees and
incidental expenses by and through its CFD No. 2017 -1, all as
specified in its resolutions pertaining thereto, adopted on June
20, 2017, and shall the initial appropriations limit for CFD No.
2017-1 for Fiscal Year 2017-18 be established at $25,000?
MARK “YES” OR “NO”
WITH AN “X”:
YES
____
NO
____
Certification for Special Election Ballot
The undersigned are authorized representatives of the above-named landowner and are
persons legally authorized and entitled to cast this ballot on behalf of the above -named
landowner.
We declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on __________________,
2017, with the intention that this marked and executed ballot will be submitted to the City Clerk
of the City of Dublin not later than 7:00 p.m. on June 20, 2017.
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By:
Name:
Title:
By:
Name:
Title:
ATTACHMENT 5
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By:
Name:
Title:
By:
Name:
Title:
ATTACHMENT 5
Exhibit A
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of the authorized representative(s) of the following owner of the land
within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public
Services) (“CFD No. 2017-1”):
Name of Landowner Number of Acres Owned Total Votes
Brookfield Bay Area Holdings LLC 3.77 4
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and
resolutions of the City Council (the “City Council”) of the City of Dublin (the “City”), the above -
named landowner is entitled to cast the number of votes shown above under the heading “Total
Votes,” representing the total votes for the property owned by the above named landowner
within CFD No. 2017-1.
In order to be counted, this ballot must be executed and certified below and be returned to
the City Clerk of the City (the “City Clerk”), either by mail or in person, prior to 7:00 p.m. on June
20, 2017 (the “Election Date”), or as soon thereafter as the matter of the special election for
CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Mailing on the Election Date will not be sufficient. The ballot must be physically received by
the City Clerk prior to the deadline in order to be counted.
ATTACHMENT 5
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT.
BALLOT MEASURE
Shall the City Council of the City of Dublin be authorized to levy
a special tax on the property within CFD No. 2017-1 pursuant
to the rate and method of apportionment of special tax
attached as Exhibit B to the Resolution of Formation adopted
on June 20, 2017; to finance public services, fees and
incidental expenses by and through its CFD No. 2017 -1, all as
specified in its resolutions pertaining thereto, adopted on June
20, 2017, and shall the initial appropriations limit for CFD No.
2017-1 for Fiscal Year 2017-18 be established at $25,000?
MARK “YES” OR “NO”
WITH AN “X”:
YES
____
NO
____
Certification for Special Election Ballot
The undersigned are authorized representatives of the above-named landowner and are
persons legally authorized and entitled to cast this ballot on behalf of the above -named
landowner.
We declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on __________________,
2017, with the intention that this marked and executed ballot will be submitted to the City Clerk
of the City of Dublin not later than 7:00 p.m. on June 20, 2017.
BROOKFIELD BAY AREA HOLDINGS LLC,
a Delaware limited liability company
By:
Name:
Title:
By:
Name:
Title:
ATTACHMENT 5
Exhibit A
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of the authorized representative(s) of the following owner of the land
within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public
Services) (“CFD No. 2017-1”):
Name of Landowner Number of Acres Owned Total Votes
Brookfield Wilshire LLC 3.74 4
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and
resolutions of the City Council (the “City Council”) of the City of Dublin (the “City”), the above -
named landowner is entitled to cast the number of votes shown above under the heading “Total
Votes,” representing the total votes for the property owned by the above named landowner
within CFD No. 2017-1.
In order to be counted, this ballot must be executed and certified below and be returned to
the City Clerk of the City (the “City Clerk”), either by mail or in person, prior to 7:00 p.m. on June
20, 2017 (the “Election Date”), or as soon thereafter as the matter of the special election for
CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Mailing on the Election Date will not be sufficient. The ballot must be physically received by
the City Clerk prior to the deadline in order to be counted.
ATTACHMENT 5
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT.
BALLOT MEASURE
Shall the City Council of the City of Dublin be authorized to levy
a special tax on the property within CFD No. 2017-1 pursuant
to the rate and method of apportionment of special tax
attached as Exhibit B to the Resolution of Formation adopted
on June 20, 2017; to finance public services, fees and
incidental expenses by and through its CFD No. 2017 -1, all as
specified in its resolutions pertaining thereto, adopted on June
20, 2017, and shall the initial appropriations limit for CFD No.
2017-1 for Fiscal Year 2017-18 be established at $25,000?
MARK “YES” OR “NO”
WITH AN “X”:
YES
____
NO
____
Certification for Special Election Ballot
The undersigned are authorized representatives of the above-named landowner and are
persons legally authorized and entitled to cast this ballot on behalf of the above -named
landowner.
We declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on __________________,
2017, with the intention that this marked and executed ballot will be submitted to the City Clerk
of the City of Dublin not later than 7:00 p.m. on June 20, 2017.
BROOKFIELD WILSHIRE LLC,
a Delaware limited liability company
By: BROOKFIELD BAY AREA HOLDINGS LLC,
a Delaware limited liability company
Its Member
By:
Name:
Title:
By:
Name:
Title:
ATTACHMENT 5
Exhibit A
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of the authorized representative(s) of the following owner of the land
within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public
Services) (“CFD No. 2017-1”):
Name of Landowner Number of Acres Owned Total Votes
CalAtlantic Group, Inc. 13.252 14
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and
resolutions of the City Council (the “City Council”) of the City of Dublin (the “City”), the above -
named landowner is entitled to cast the number of votes shown above under the heading “Total
Votes,” representing the total votes for the property owned by the above named landowner
within CFD No. 2017-1.
In order to be counted, this ballot must be executed and certified below and be returned to
the City Clerk of the City (the “City Clerk”), either by mail or in person, prior to 7:00 p.m. on June
20, 2017 (the “Election Date”), or as soon thereafter as the matter of the special election for
CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Mailing on the Election Date will not be sufficient. The ballot must be physically received by
the City Clerk prior to the deadline in order to be counted.
ATTACHMENT 5
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT.
BALLOT MEASURE
Shall the City Council of the City of Dublin be authorized to levy
a special tax on the property within CFD No. 2017-1 pursuant
to the rate and method of apportionment of special tax
attached as Exhibit B to the Resolution of Formation adopted
on June 20, 2017; to finance public services, fees and
incidental expenses by and through its CFD No. 2017 -1, all as
specified in its resolutions pertaining thereto, adopted on June
20, 2017, and shall the initial appropriations limit for CFD No.
2017-1 for Fiscal Year 2017-18 be established at $25,000?
MARK “YES” OR “NO”
WITH AN “X”:
YES
____
NO
____
Certification for Special Election Ballot
The undersigned is an authorized representative of the above -named landowner and is a
person legally authorized and entitled to cast this ballot on behalf of the above-named
landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration is executed on __________________, 2017, with
the intention that this marked and executed ballot will be submitted to the City Clerk of the City
of Dublin not later than 7:00 p.m. on June 20, 2017.
CALATLANTIC GROUP, INC.,
A Delaware corporation
By:
Name:
Title:
By:
Name:
Title:
ATTACHMENT 5
Exhibit A
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of the authorized representative(s) of the following owner of the land
within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public
Services) (“CFD No. 2017-1”):
Name of Landowner Number of Acres Owned Total Votes
Brookfield Fillmore, LLC 5.677 6
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and
resolutions of the City Council (the “City Council”) of the City of Dublin (the “City”), the above -
named landowner is entitled to cast the number of votes shown above under the heading “Total
Votes,” representing the total votes for the property owned by the above named landowner
within CFD No. 2017-1.
In order to be counted, this ballot must be executed and certified below and be returned to
the City Clerk of the City (the “City Clerk”), either by mail or in person, prior to 7:00 p.m. on June
20, 2017 (the “Election Date”), or as soon thereafter as the matter of the special election for
CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Mailing on the Election Date will not be sufficient. The ballot must be physically received by
the City Clerk prior to the deadline in order to be counted.
ATTACHMENT 5
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT.
BALLOT MEASURE
Shall the City Council of the City of Dublin be authorized to levy
a special tax on the property within CFD No. 2017-1 pursuant
to the rate and method of apportionment of special tax
attached as Exhibit B to the Resolution of Formation adopted
on June 20, 2017; to finance public services, fees and
incidental expenses by and through its CFD No. 2017 -1, all as
specified in its resolutions pertaining thereto, adopted on June
20, 2017, and shall the initial appropriations limit for CFD No.
2017-1 for Fiscal Year 2017-18 be established at $25,000?
MARK “YES” OR “NO”
WITH AN “X”:
YES
____
NO
____
Certification for Special Election Ballot
The undersigned are authorized representatives of the above-named landowner and are
persons legally authorized and entitled to cast this ballot on behalf of the above -named
landowner.
We declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on __________________,
2017, with the intention that this marked and executed ballot will be submitted to the City Clerk
of the City of Dublin not later than 7:00 p.m. on June 20, 2017.
BROOKFIELD FILLMORE LLC,
a Delaware limited liability company
By: BROOKFIELD BAY AREA HOLDINGS LLC,
a Delaware limited liability company
Its Member
By:
Name:
Title:
By:
Name:
Title:
ATTACHMENT 6
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
DECLARING ELECTION RESULTS
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
WHEREAS, at the close of the public hearing on this date with respect to its proposed
City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public Services)
(“CFD No. 2017-1”) this City Council (this "City Council") of the City of Dublin (the "City") found
and determined that a majority protest was not made at the hearing, as provided by the Mello -
Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government
Code) (the “Act”) and specifically Section 53324 of the Act; and
WHEREAS, having determined that a majority protest was not made, this City Council
adopted the following resolutions:
a. Resolution of Formation, pursuant to Section 53325.1 of the Act, thereby concluding
its legal proceedings to establish CFD No. 2017-1 and providing each of the
following, among other things:
(1) finding and determining that the qualified electors for the special election to be
held in these proceedings shall be the landowners of the land within CFD No.
2017-1, in accordance with Section 53326 of the Act;
(2) specifying that the special election shall be conducted as a mailed -ballot
election; and
(3) designating the City Clerk of the City (the “City Clerk”) as the official to conduct
the mailed-ballot election;
b. Resolution Calling Special Mailed-Ballot Election (the “Resolution Calling Election”),
calling a special landowner-voter election, to be held and conducted forthwith upon
adoption of the Resolution Calling Election providing for:
(1) the authorization to levy the Special Tax; and
(2) the establishment of an initial annual appropriation limit for CFD No. 2017-1.
WHEREAS, the Resolution Calling Election found and determined that (i) there are fewer
than 12 registered voters living within the boundaries of CFD No. 2017 -1, and (ii) all of the land
within CFD No. 2017-1, consisting approximately 28 acres, is owned by five landowners (the
“Landowners”) and that the Landowners have consented to conduct of the special election on
this date and agreed to accept personal service of the ballot; and
WHEREAS, the Resolution Calling Election approved the ballot measure and the form of
special election ballot (attached thereto as Exhibit A), ratified the action of the City Clerk in
providing the ballots to the Landowners by personal service, and directed the City Clerk,
ATTACHMENT 6
forthwith upon receipt from the Land owners of an executed and completed ballot, to close the
election and declare the results to this City Council; and
WHEREAS, the City Clerk having executed and presented to this City Council a
“Certificate of City Clerk re Receipt of Waiver and Consent Form and Election Ballot and
Declaring Election Results,” in which the City Clerk has declared, among other things, that all
votes were cast “Yes,” in favor of the ballot measure; and
WHEREAS, this City Council, by this resolution, wishes to declare the results of the
special mailed-ballot election.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin
hereby finds, determines and resolves as follows:
Section 1. The foregoing recitals are true and correct, and this City Council hereby
expressly so finds and determines.
Section 2. This City Council hereby finds, determines and declares that the ballot
measure submitted to the qualified electors of CFD No. 2017 -1 has been passed and approved
by those qualified electors in accordance with Sections 53328 and 53355 of the Act.
Section 3. This City Council hereby authorizes and directs the City Clerk to cause the
preparation and recordation with the Alameda County Recorder of a notice of special tax lien in
accordance with Section 3114.5 of the Ca lifornia Streets and Highways Code and Section
53328.3 of the Act. Said notice shall be recorded within fifteen (15) days of today’s date.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
ATTACHMENT 7
ORDINANCE NO. xx – 17
AN ORDINANCE OF THE CITY OF DUBLIN LEVYING A SPECIAL TAX WITHIN AND
RELATING TO THE CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
* * * * * * * * * * * * * *
WHEREAS, by legal proceedings taken by the City Council (the “City Council”) of the City of
Dublin (the “City”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311
and following, California Government Code; hereafter in this ordinance, the “Act”), together with
the voter approval received at a special election held on June 20, 2017, the City Council has
been authorized to levy a special tax (the “Special Tax”) upon all nonexempt property within the
City of Dublin Community Facilities District No. 2017 -1 (Dublin Crossing – Public Services)
(“CFD No. 2017-1”); and
WHEREAS, as set forth in the resolution entitled, “Resolution of Formation of a Community
Facilities District; Conditional Authorization to Levy a Special Tax; and Conditional
Establishment of an Initial Appropriations Limit for CFD No. 2017-1 (the “Resolution of
Formation”), the Special Tax is to be levied on the nonexempt property within CFD No. 2017 -1
in accordance with the applicable rate and method of apportionment of special tax (the “RMA”)
attached to the Resolution of Formation as Exhibit B.
WHEREAS, having received voter approval at the June 20 special election, the City Council
now wishes by this ordinance to levy the special tax in accordance with the Resolution of
Formation and the Act;
NOW, THEREFORE, the City Council of the City of Dublin hereby ordains as follows:
SECTION 1: LEVY OF SPECIAL TAX
Pursuant to Sections 53328 and 53340 of the Act, and in accordance with the applicable RMA,
as recited above, the Special Tax is hereby levied on all nonexempt parcels within CFD No.
2017-1.
SECTION 2: LEVY OF SPECIAL TAX
Without limiting the generality of the foregoing Section 1, the Special Tax shall be levied on the
nonexempt parcels within CFD Np. 2017-1 in accordance with the terms and conditions of the
RMA. The first Fiscal Year for which the Special Tax shall be levied shall be 2017 -18 or such
subsequent Fiscal Year as may be determined in accordance with the RMA.
SECTION 3: ANNUAL DETERMINATION OF SPECIAL TAX AMOUNTS
The officer of the City designated as the “Administrator” (as said term is defined in the RMA),
with the aid of the appropriate officers, agents and consultants of the City, is authorized and
directed to determine each Fiscal Year, without further action by the City Co uncil, the amount of
the Special Tax on each nonexempt parcel in accordance with the RMA applicable to each such
nonexempt parcel and to provide all necessary and appropriate information to the Alameda
ATTACHMENT 7
County Auditor in proper form and in the proper time to effect the correct and timely billing and
collection of the Special Tax in the same manner and at the same time as ordinary ad valorem
property taxes levied by Alameda County (the “County”) on each nonexempt parcel; provided
that, as provided in the Resolution of Formation and Section 53340 of the Act, the City reserves
the right 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 bill ing by the
City to the property owners and supplemental billing.
SECTION 4: ADJUSTMENTS TO CORRECT COMPUTATIONAL ERRORS AUTHORIZED
The Administrator, with the aid of the appropriate officers, agents and consultants of the City,
are authorized to make adjustments to the amount of the Special Tax for any nonexempt parcel
prior to the final posting of the annual Special Tax to the secured property tax roll of the County
each Fiscal Year, as may be necessary to correct any computational error which has been
timely discovered or to achieve a correct match between the Special Tax amount being levied
and the assessor’s parcel number finally utilized by the County in sending out property tax bills.
SECTION 5: SEVERABILITY
If for any cause any portion of this Ordinance is found inapplicable to a particular parcel by a
court of competent jurisdiction, the balance of this Ordinance and the application of the Special
Tax to the remaining parcels, shall not be affected. The provisions of this Ordinance are
severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions,
clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to
other persons or circumstances.
SECTION 6: EFFECTIVE DATE AND POSTING OF ORDINANCE
This ordinance shall take effect thirty (30) days after its adoption. Within fifteen (15) days of its
adoption, this ordinance shall be published at least once in a newspaper of general circulation
published and circulated in the City of Dublin.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
20th day of June, 2017, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
ATTACHMENT 7
___________________________________
City Clerk