HomeMy WebLinkAbout6.2 - 1505 Public Hearing Resolution to Authorize Cha
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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:
Modification to Exhibit A of Resolution 96-15 to Authorize the Addition or
Deletion of Capital Improvements and Capital Facilities Fees Which May
be Financed; and Annexation of Property into Community Facilities District
No. 2015-1 (Dublin Crossing)
Prepared by: Colleen Tribby, Director of Administrative Services
EXECUTIVE SUMMARY:
This item consists of two matters regarding Community Facilities District No. 2015-1
(Dublin Crossing) (CFD). The first is to conduct a Public Hearing, continued from the
May 16, 2017 City Council meeting, and consider approval of a minor modification to a
document which was approved in June 2015, when the CFD was formed. The second is
to consider approval of the annexation map for the first several planned annexations to
the CFD, as title passes from the Army to the developer (or entities affiliated with the
developer) for additional portions of the development project property.
STAFF RECOMMENDATION:
Conduct the Public Hearing which was continued from May 16, 2017, obtain verbal
confirmation from the City Clerk that the all necessary documents for both the change
proceedings and the annexation map have been received and are on file, deliberate,
and adopt the following:
1. Resolution Calling Special Mailed-Ballot Election Respecting Proposed
Change of Proceedings to Modify Exhibit A to Resolution No. 96 -15; and
2. Resolution Declaring Results of Landowner-Voter Election and Ordering
Change to Exhibit A of Resolution No. 96-15 to Authorize, Under
Prescribed Conditions, the Addition or Deletion of Capital Improvements
and/or Capital Facilities Impact Fees Which May be Financed.
3. Resolution Approving Annexation Map Related to Annexation No. 1 to
Community Facilities District No. 2015-1 and to Improvement Area No. 1
Within Said Community Facilities District; and Authorizing and Directing
Recording Thereof.
FINANCIAL IMPACT:
None.
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DESCRIPTION:
This Staff Report describes two separate actions related to Community Facilities District
No. 2015-1 (Dublin Crossing) (the CFD) for City Council consideration, as described
below. The first item proposes a minor modification to existing langua ge about the
financing of certain improvements and fees. The second item relates to the annexation
of property into the CFD, which occurs when the developer takes ownership of the
portions of the project area that have been designated as Future Annexation Areas.
Consideration of Approving a Minor Modification to the Resolution of Formation
On April 4, 2017, the City Council adopted Resolution 36-17, declaring its intention to
consider authorizing a change to the CFD and scheduling the required public hearing to
consider the change for May 16, 2017. At the request of Meyers Nave, serving as
special counsel to the City for the CFD, the hearing was continued to June 20, 2017 to
allow time for preparation and processing of documents for a landowner -voter election
to be conducted to allow the four affected landowners to formally vote on the proposed
modification.
The capital improvements and capital facility fees which are eligible for financing by the
special taxes and bond proceeds of the CFD are set forth in Exhibit A to Resolution No.
96-15 (Existing Exhibit A, included as Attachment 3), which was adopted by the City
Council on June 2, 2015. The contents of Existing Exhibit A were derived from the
Development Agreement (DA) respecting the development of the land within the CFD.
Dublin Crossing, LLC, the developer of the project (Developer), and the City have
entered into an amendment to the DA to provide that the Developer will build a City park
which, at the time of formation of the CFD and as set forth in Existing Exhibit A, was to
be built by the City with funding from CFD No. 2015 -1 in the form of a City-Imposed
Impact Fee.
The sole purpose of these change proceedings is to add language to Existing Exhibit A,
as set forth on page A-2 of Exhibit A to the Resolution of Consideration (New Exhibit A),
that will preserve eligibility for financing by the CFD for any items which become the
subject of a written agreement between the Developer and the applicable public agency
(City, DSRSD or Zone 7) pursuant to which such items are moved from the Impact Fees
category to the Improvements category (or vice versa), without the need to return to this
City Council to undertake further change proceedings of this same technical nature.
Consideration of Approving Annexation Map No. 1
At the time the CFD was formed in June 2015, the only portion of the development
project property (Project Property) which was owned by the developer was so -called
Phase 1A, and for that reason only Phase 1A was included within the boun dary of the
CFD, as shown on the approved and recorded boundary map. The balance of the
Project Property was designated as Future Annexation Area, as authorized by the
Mello-Roos Act.
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The intention was that, as ownership of additional portions of the Pro ject Property
passed from the Army to the Developer or affiliated development entities , those
additional portions would be annexed into the CFD using a simplified annexation
procedure authorized the Mello-Roos Act.
The simplified procedure is initiated by the submission to the City by the owner or
owners of the additional portions of an executed Unanimous Approval form, as
prescribed by Section 53339.7 of the Mello-Roos Act, and is concluded with approval by
the City Council of an annexation map.
Title to an additional portion commonly known as Phase 1B has now been transferred to
two entities affiliated with the Developer, and those affiliated entities have now
submitted their unanimous approval forms, requesting annexation of the Phase 1B
property, to be added to Phase 1A and made a part of Improvement Area No. 1 of the
CFD, as shown on Annexation Map No. 1 (Attachment 5).
City Council Actions Needed
In order to approve the change proceedings, the City must have verbal confirmation
from the City Clerk that the following documents have been received and are on file in
support of the recommended action:
a. The Affidavit of Publication of the Notice of Hearing, showing that the notice
was published one time on May 6, 2017, in The Valley Times;
b. The Certificate of Dublin Crossing, LLC, re Ownership and Acreage of
Parcels Within the CFD, which identifies the four landowners of the five
parcels presently within the CFD;
c. An executed Waiver and Consent Respecting Conduct of Mailed -Ballot,
Landowner-Voter Election from each of the four landowners; and
d. An executed and completed Special Election Ballot from each of the four
landowners marked “yes” in support of the measure to approve New Exhibit
A.
In order to approve the annexation of Phase 1B, the City must have verbal confirmation
from the City Clerk that the following documents have been received and are on file in
support of the recommended action:
a. Annexation Map No. 1;
b. The certificate of Dublin Crossing, LLC, re Ownership of Property Being
Annexed to the CFD, which identifies the separate landowners of the two
parcels being annexed; and
c. An executed “Request and Unanimous Approval for Ann exation” form
from each of the two landowners.
Approval of the attached three resolutions (Attachments 1, 2, and 4) will finalize the two
items discussed in this Staff Report.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The required notice of public hearing was published in the Valley Times on May 6,
2017, as evidenced by an affidavit of publication on file with the City Clerk.
ATTACHMENTS:
1. Resolution Calling Special Mailed-Ballot Election Respecting Proposed Change of
Proceedings to Modify Exhibit A to Resolution No. 96 -15
2. Resolution Declaring Results of Landowner-Voter Election and Ordering Change to
Exhibit A of Resolution No. 96-15
3. Existing Exhibit A to Resolution 96-15
4. Resolution Approving Annexation Map Related to Annexation No. 1 to Community
Facilities District No. 2015-1
5. Annexation Map No. 1
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RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
CALLING SPECIAL MAILED-BALLOT ELECTION
RESPECTING PROPOSED CHANGE OF PROCEEDINGS
TO MODIFY EXHIBIT A TO RESOLUTION NO. 96-15
Community Facilities District No. 2015-1
(Dublin Crossing)
WHEREAS, by its Resolution No. 36-17, adopted on April 4, 2017 (the “Resolution of
Consideration”), this City Council (this “City Council”) of the City of Dublin (the “City”)
declared its intention to consider authorizing the modification of Exhibit A to its Resolution No.
96-15 (“Existing Exhibit A”), adopted by this City Council on June 2, 2015 (the “Resolution of
Formation”), by which the City established the City of Dublin Community Facilities District No.
2015-1 (Dublin Crossing) (“CFD No. 2015-1”) pursuant to the Mello-Roos Community
Facilities Act of 1982 (Sections 53111 and following, California Government Code; hereafter in
this Resolution, the “Mello-Roos Act”); and
WHEREAS, Existing Exhibit A enumerates the list of public capital improvements and
capital facility impact fees (collectively, the “Authorized CFD Public Improvements”) of the
City, Dublin San Ramon Services District (“DSRSD”) and Zone 7 of the Alameda County Flood
Control and Water Conservation District (“Zone 7”) which may be financed by CFD No. 2015-1;
and
WHEREAS, the Authorized CFD Public Improvements represent obligations imposed
by the City upon Dublin Crossing, LLC (the “Developer”), as conditions of approval of the land
development project being undertaken by the Developer on the land within CFD No. 2015-1 (the
“Property”); and
WHEREAS, the City and the Developer recently entered into an agreement which
provides, among other things, that the capital facility impact fee identified at Item B(5)(c) as
“Park Construction Payment” in Existing Exhibit A will now be a public capital improvement to
be constructed by the Developer; and
WHEREAS, to assure that this change does not alter the eligibility of the cost of the park
construction for financing by CFD No. 2015-1, this City Council wishes to amend Existing
Exhibit A by adding the note set forth on page A-2 of the revised Exhibit A, attached to the
Resolution of Consideration (the “New Exhibit A”), which simply provides that, in addition to
the written agreement pertaining to the park construction, in the event that the Developer
hereafter enters into a written agreement with the City, DSRSD or Zone 7 (collectively, the
“Public Entities”) providing for a change with respect to any item listed in Existing Exhib it A
from a public capital improvement to an impact fee or vice versa or adding a new public capital
improvement or impact fee, the affected public capital improvement or impact fee would retain
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eligibility and, in the event of an item being added, would become eligible for financing by CFD
No. 2015-1; and
WHEREAS, by its Resolution of Consideration, this City Council scheduled a public
hearing on the matter of the proposed modification of Existing Exhibit A for May 16, 2017, and
directed the publication of a notice of hearing respecting the matter; and
WHEREAS, the required notice of hearing was published on May 6, 2017, in the Valley
Times, as evidenced by an affidavit of publication on file with the City Clerk of the City (the
“City Clerk”); and
WHEREAS, on May 16, this City Council continued the public hearing to this date , and
the public hearing having been conducted and closed on this date, this City Council herby finds
and determines that a majority protest was not made at the hearing, as provided by Section 53338
of the Mello-Roos Act; and
WHEREAS, on the basis of the “Certificate of Dublin Crossing, LLC, re Ownership
and Acreage of Parcels Within Community Facilities District No. 2015-1 (Dublin Crossing),”
this City Council hereby finds and determines that the landowners of all of the taxable land
within CFD No. 2015-1 (together, the “Landowners”) and the number of acres owned by each of
the Landowners within CFD No. 2015-1 are as follows:
Landowner Acres Owned
(a) Dublin Crossing LLC; 1.81
(b) Brookfield Bay Area Holdings LLC; 3.77
(c) Brookfield Wilshire LLC; and 3.74
(d) CalAtlantic Group, Inc. 8.78; and
WHEREAS, on the basis of the “Waiver and Consent Respecting Conduct of Mailed-
Ballot, Landowner-Voter Election” (the “Waiver and Consent”), a separate copy of which has
been executed on behalf of each of the four Landowners, filed with the City Clerk and presented
at this meeting, this City Council hereby further finds and determines as follows:
a. each of the Landowners has consented to the conduct of the special mailed-ballot
election on this date and has 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
b. each of the Landowners has 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 Resolution, and to direct
that, forthwith upon receiving an executed and completed ballot from each of the Landowners,
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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 53338 of the Act, this 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 electors
of CFD No. 2015-1, shall be as set forth in Exhibit A, attached hereto and by this reference
incorporated herein.
Section 4. The action of the City Clerk in providing the special election ballot to the
Landowners by personal service is hereby ratified.
Section 5. The City Clerk is hereby directed, forthwith upon receiving an executed
and completed ballot from each of the four Landowners, to close the election and declare the
results to this City Council.
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: Council Members ________________________________________
NOES: Council Members ________________________________________
ABSENT: Council Members ________________________________________
ABSTAIN: Council Members ________________________________________
____________________________________
Mayor
ATTEST:
__________________________________
City Clerk
A-1
Exhibit A
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(DUBLIN CROSSING)
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of the authorized representative of the following owner of land
within the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (“CFD
No. 2015-1”):
Name of Landowner Number of Acres Owned Total Votes
[Name of Landowner] ______ ___
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 said landowner within
CFD No. 2015-1.
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. 2015-1 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.
A-2
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT.
BALLOT MEASURE
MARK “YES” OR “NO”
Shall the City Council of the City of Dublin be WITH AN “X”:
authorized to modify Exhibit A to its Resolution
of Formation, adopted on June 2, 2015, as provided Yes ___
in the form of Exhibit A (the “New Exhibit A”)
attached to Resolution No. 36-17, adopted by said No ___
City Council on April 4, 2017?
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 Cit y Clerk of the City of
Dublin not later than 7:00 p.m. on June 20, 2017.
[Name of Landowner]
a ______________________________
By: ____________________________
(Signature)
____________________________
(Print Name)
____________________________
(Title)
2816539.1
RESOLUTION NO. __-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
DECLARING RESULTS OF LANDOWNER-VOTER ELECTION
AND ORDERING CHANGE TO EXHIBIT A OF RESOLUTION NO. 96-15
TO AUTHORIZE, UNDER PRESCRIBED CONDITIONS, THE ADDITION
OR DELETION OF CAPITAL IMPROVEMENTS AND/OR CAPITAL
FACILITIES IMPACT FEES WHICH MAY BE FINANCED
Community Facilities District No. 2015-1
(Dublin Crossing)
WHEREAS, this City Council (this "City Council") of the City of Dublin (the "City")
has, by its Resolution No. 96-15, adopted on June 2, 2015 (the “Resolution of Formation”),
concluded its legal proceedings pursuant to the Mello-Roos Community Facilities Act of 1982
(Sections 53311 and following, California Government Code) (the “Mello-Roos Act”) to
establish a community facilities district known as “Community Facilities District No. 2015-1
(Dublin Crossing), City of Dublin, County of Alameda, State of California” (“CFD No. 2015 -
1”); and
WHEREAS, CFD No. 2015-1 was established for the purpose of financing a portion of
the cost and expense of certain authorized public and private utility capital improvements
(“Improvements”) and certain authorized capital facilities impact fees (“Impact Fees,” and
collectively with the Improvements, the “Authorized CFD Public Improvements”), together with
related incidental expenses of the Authorized CFD Public Improvements and the legal
proceedings for formation of CFD No. 2015-1; and
WHEREAS, the Authorized CFD Public Improvements are described in Exhibit A to the
Resolution of Formation (“Existing Exhibit A”); and
WHEREAS, the obligation to construct and install the Improvements and to pay the
Impact Fees described in Existing Exhibit A is imposed upon the developer of property within
CFD No. 2015-1 pursuant to a Development Agreement, dated November 19, 2013 (the
“Original Development Agreement”), between Dublin Crossing Venture LLC (the “Original
Developer”) and the City; and
WHEREAS, the Original Development Agreement has been amended, and all references
hereafter in this resolution to the Development Agreement shall be deemed to refer to the
Original Development Agreement, as amended from time to time; and
WHEREAS, Dublin Crossing, LLC (the “Developer”) has since succeeded the Original
Developer to all of the rights, duties and obligations of the Original Developer under the
Development Agreement pursuant to an assignment and assumption agreement, with the express
written approval of the City Manager of the City; and
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WHEREAS, the City and the Developer (the “Parties”) recently entered into an
agreement which provides, among other things, that the Impact Fee identified at Item B(5)(c) as
“Park Construction Payment” in Existing Exhibit A will now be an Improvement to be
constructed by the Developer; and
WHEREAS, the Parties may in the future have further discussions to consider certain
changes to the obligations of the Developer under the Development Agreement or any other
written agreement between the Parties with respect to the items listed in Existing Exhibit A as
“City Public Capital Improvements” and “City-Imposed Impact Fees,” which discussions may
lead to a written agreement between the Parties to (a) have the Developer construct all or a
portion of the Improvements which are to be financed with the corresponding Impact Fee, (b)
have the Developer pay an Impact Fee to finance all or a portion of the corresponding
Improvement or (c) add one or more items to the list of either “City Public Capital
Improvements” or “City-Imposed Impact Fees” so as to make such items eligible for financing
by CFD No. 2015-1; and
WHEREAS, with respect to the Improvements and Impact Fees for Dublin San Ramon
Services District (DSRSD) and Zone 7, as set forth in Item C (DSRSD) and Item D (Zone 7) of
Existing Exhibit A, the Developer may in the future enter into one or more written agreements
leading to changes to the respective items pertaining to DSRSD or Zone 7 as described in the
foregoing recital paragraph pertaining to the City Improvements and Impact Fees; and
WHEREAS, on April 4, 2017, this City Council adopted its Resolution No. 36-17,
entitled “Resolution Declaring Intention to Consider Authorizing Changes to the Capital
Facilities and Capital Facilities Fees Which May be Financed Under Prescribed Conditions” (the
“Resolution of Consideration”), by which this City Council declared its intention to modify
Existing Exhibit A to read as set forth in Exhibit A to the Resolution of Consideration (“New
Exhibit A”), so as to provide for the continued eligibility of items moved from one category
(improvements or fees) to the other, for the eligibility of items added to either category, and for
the ineligibility of items deleted from either category, in each case supported by a written
agreement between the Developer and the affected public entity, without the requirement for
further change proceedings by this City Council; and
WHEREAS, the Resolution of Consideration scheduled a public hearing in accordance
with the Mello-Roos Act for May 16, 2017, at the time and place of the meeting of this City
Council on said date, and a notice of hearing containing the matters prescribed by the Mello-
Roos Act was published one time in The Valley Times on May 6, 2017, as prescribed by the
Mello-Roos Act, as evidenced by an Affidavit of Publication on file with the City Clerk of the
City; and
WHEREAS, on May 16, the public hearing was continued to this date; and
WHEREAS, the public hearing having been conducted and closed on this date in
accordance with the Resolution of Consideration, the published notice and the continuation, and
no protests against the proposed changes prescribed by the Resolution of Consideration having
been made either orally or in writing; and
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WHEREAS, this City Council then adopted its resolution calling a special mailed-ballot
landowner-voter election to submit to the owners of the taxable land in CFD No. 2015-1 (the
“Landowners”), as the qualified electors of CFD No. 2015-1, the question whether this City
Council shall be authorized to modify Existing Exhibit A to read as set forth in New Exhibit A;
and
WHEREAS, on the basis of (a) an executed “Certificate of Dublin Crossing, LLC, re
Ownership and Acreage of Parcels Within Community Facilities District No. 2015 -1 (Dublin
Crossing,” identifying the four Landowners and the acreage of the taxable property owned by
each within CFD No. 2015-1, and (b) four separate executed copies of the “Waiver and Consent
Respecting Conduct of Mailed-Ballot, Landowner-Voter Election,” one of which was submitted
by each of the four Landowners, and all of which instruments are on file with the City Clerk, the
election was scheduled to occur immediately upon adoption of the resolution calling the election
and approving the form of ballot, which was attached as Exhibit A to said resolution; and
WHEREAS, the City Clerk has advised this City Council that she has received an
executed and completed ballot from each of the four Landowners and has therefore closed the
election and declared to this City Council that the ballot measure was unanimously approved by
the Landowners; and
WHEREAS, this City Council wishes by this Resolution to declare the results of the
landowner-voter election and to order the modification of Existing Exhibit A to read as set forth
in New Exhibit A.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Dublin hereby finds, determines and orders 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 declares that the measure submitted to the
landowner-voter election respecting the proposed modification of Exhibit A has been passed.
Section 3. In conformity with the provisions of Section 53338 of the Mello-Roos
Act, this City Council orders that Existing Exhibit A is hereby modified to read as set forth in
New Exhibit A, a copy of which is attached hereto as Exhibit A and by this reference
incorporated herein.
Section 4. The City Clerk is hereby authorized and directed to cause the preparation
and recordation of a notice of the change represented by New Exhibit A pursuant to Section
3117.5 of the California Streets and Highways Code.
Section 5. This Resolution shall take effect immediately upon its adoption.
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PASSED, APPROVED AND ADOPTED this 20th day of June, 2017, by the following vote:
AYES: Council Members ________________________________________
NOES: Council Members ________________________________________
ABSENT: Council Members ________________________________________
ABSTAIN: Council Members ________________________________________
ATTEST: ____________________________________
Mayor
__________________________________
City Clerk
A-1
EXHIBIT A
CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1
(DUBLIN CROSSING)
DESCRIPTION OF AUTHORIZED CFD PUBLIC IMPROVEMENTS
A. City Public Capital Improvements
1. Backbone Storm Drainage
2. Backbone Street Improvements
3. Master Landscaping, Fencing and Signage on Public Property, Including
Public Easements and Rights-of-Way
B. City-Imposed Impact Fees
1. Fire Impact Fees
2. Freeway Interchange Fees
3. Public Art In-Lieu Fees
4. Residential Traffic Impact Fees – Eastern Dublin Fee
5. Development Agreement Fees:
a. ACSPA Contribution
b. Iron Horse Trail Bridge Contribution
c. Park Construction Payment
C. Dublin San Ramon Services District (DSRSD)
1. Capital Improvements
a. Backbone Sanitary Sewer
b. Backbone Domestic Water
c. Backbone Reclaimed Water
2. DSRSD Impact Fees
a. Water System Connection Fees
b. Water Meter Assembly Fees
c. Wastewater Impact Fees
D. Zone 7
1. Capital Improvements
a. Backbone Storm Drainage
2. Zone 7 Impact Fees
a. Water Connection Fees
b. Drainage Assessment Fees (Impervious Surface)
A-2
CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1
(DUBLIN CROSSING)
DESCRIPTION OF AUTHORIZED CFD PUBLIC IMPROVEMENTS
Notwithstanding the foregoing lists on page A-1 hereof, in the event that Dublin Crossing,
LLC, or any landowner of any portion of the land within CFD No. 2015-1 which is
responsible for the construction of any of the listed improvements or payment of any of the
listed impact fees enters into a written agreement with the City, DSRSD or Zone 7, as the
case may be, to move all or any portion of any of the improvements or impact fees listed
above from one category to the other, the subject improvements or impact fees shall remain
eligible for financing by CFD No. 2015-1 without the requirement of City Council action to
authorize such change. Without limiting the generality of the foregoing, if, for example, the
City and Dublin Crossing, LLC (the “Parties”), enter into a written agreement (including but
not limited to an agreement amending the Development Agreement between the Parties)
pursuant to which the Parties agree that Dublin Crossing, LLC, will construct the City park
referenced as Item B(5)(c) above, then that City park shall be eligible for financing by CFD
No. 2015-1 as a City Public Capital Improvement.
Similarly, a written agreement to add any additional improvements or impact fees to those
listed shall make such improvements or impact fees eligible for financing by CFD No. 2015-
1, and a written agreement to delete any improvements or impact fees from those listed shall
make such improvements or impact fees ineligible for such financing, in each case without
the requirement of City Council action to authorize such change.
2795871.1
EXHIBIT A
DESCRIPTION OF AUTHORIZED CFD PUBLICIMPROVEMENTS
A. City PublicCapital Improvements
1. BackboneStorm Drainage
2. Backbone Street Improvements
3. MasterLandscaping, Fencing and Signage on Public Property, Including
Public Easements and Rights-of-Way
B. City-Imposed Impact Fees
1. Fire Impact Fees
2. Freeway Interchange Fees
3. Public Art In-Lieu Fees
4. Residential Traffic Impact Fees—Eastern Dublin Fee
5. DevelopmentAgreement Fees:
a. ACSPA Contribution
b. Iron Horse Trail Bridge Contribution
c. Park Construction Payment
C. Dublin San Ramon Services District (DSRSD)
1. Capital Improvements
a. Backbone Sanitary Sewer
b. Backbone Domestic Water
c. BackboneReclaimed Water
2. DSRSD Impact Fees
a. Water System Connection Fees
b. WaterMeter Assembly Fees
c. Wastewater Impact Fees
D. Zone 7
1. Capital Improvements
a. Backbone Storm Drainage
2. Zone 7 Impact Fees
a. Water Connection Fees
b. Drainage Assessment Fees (Impervious Surface)
A-1
Attachment 1 - Existing Exhibit
A to Resolution 96-15
E. Private Utility Facilities
1. Natural Gas Distribution
2. Electrical Distribution
3. Telephone
4. Cable Television
5. Other Private Utility Facilities as Authorized by the Act
A-2
Page 1 of 3
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING ANNEXATION MAP RELATED TO
ANNEXATION NO. 1 TO COMMUNITY FACILITIES
DISTRICT NO. 2015-1 AND TO IMPROVEMENT AREA NO. 1
WITHIN SAID COMMUNITY FACILITIES DISTRICT; AND
AUTHORIZING AND DIRECTING RECORDING THEREOF
Community Facilities District No. 2015-1
(Dublin Crossing)
WHEREAS, reference is made to (a) the Resolution of Formation, Resolution No. 96-15
(the “Resolution of Formation”), adopted by this City Council (this “City Council”) on June 2,
2015, approving the formation of the City of Dublin Community Facilities District No. 1 (Dublin
Crossing) (“CFD No. 2015-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(Sections 53311 and following, California Government Code; hereafter in this resolution, the
“Mello-Roos Act”), and (b) the Boundary Map for CFD No.2015-1 (the “Boundary Map”),
recorded on May 4, 2015, in Book 18 of Maps of Assessment and Community Facilities Districts,
at Page 61, official records of the County Recorder of the County of Alameda (the “County
Recorder”), for the identification of (1) the boundary of CFD No. 2015, (2) the territory within
said boundary designated as Improvement Area No. 1 (“Improvement Area No.1”) and (3) the
area designated as future annexation area (the “Future Annexation Area”) as provided by the
Mello-Roos Act; and
WHEREAS, the property described as Parcels 1 and 2 (“Parcel 1” and “Parcel 2,”
respectively, and collectively, the “Subject Property”), as shown on Parcel Map No. 10586 (the
“Parcel Map”), recorded on December 8, 2016, in Book 334 of Parcel Maps, Pages 59-62, official
records of the County Recorder, is situated within the Future Annexation Area; and
WHEREAS, in accordance with the provisions of Sections 53339 through 53339.9,
inclusive, of the Mello-Roos Act (the “Annexation Provisions”), pertaining to annexation of
property to a community facilities district, Brookfield Fillmore LLC, a Delaware limited liability
company and the owner of Parcel 1, and CalAtlantic Group, Inc., a Delaware corporation and the
owner of Parcel 2, have submitted to the City Manager of the City (the “City Manager”) executed
forms entitled “Request and Unanimous Approval for Annexation and Landowner-Voter Ballot”
(together, the “Unanimous Approval Forms”), each requesting the annexation of the parcel owned
by said landowner to Improvement Area No.1 and voting in favor of authorizing the levy of the
special tax on the Subject Property and the issuance of special tax bonds secured by the special
tax levied on the taxable property in Improvement Area No. 1; and
WHEREAS, a map entitled “Annexation Map No.1 of City of Dublin Community
Facilities District No.2015-1 (Dublin Crossing), City of Dublin, Alameda County, California”
(“Annexation Map No.1”), showing the boundary of the Subject Property and designating the
Page 2 of 3
Subject Property as an additional portion of Improvement Area No. 1 within CFD No. 2015-1,
and further showing the original boundary of CFD No. 2015-1 and the remaining Future
Annexation Area, has been filed with the City Clerk of the City (the “City Clerk”) and a copy
thereof presented at this meeting; and
WHEREAS, pursuant to Section 53339.8 of the Mello-Roos Act (“Section 53339.8”), the
Unanimous Approval Forms request that the City execute and record an amended notice of
special tax lien pertaining to the Subject Property (the “Amended Notice”) in the official records
of the County Recorder; and
WHEREAS, this City Council wishes by this resolution to approve and direct the
recordation of Annexation Map No.1; and to direct, as soon as practicable following the
recordation of Annexation Map No. 1, the preparation, execution and recordation of the
Amended Notice, with provisions to cross-reference the recorded Annexation Map No. 1;
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 approves Annexation Map No. 1 and authorizes
and directs the City Clerk to cause the execution and recordation thereof in the official records of
the County Recorder in accordance with the provisions of Section 3113 of the California Streets
and Highways Code.
Section 3. In accordance with the request set forth in the Unanimous Approval Forms,
this City Council hereby directs the City Clerk, as soon as practicable following the recordation of
Annexation Map No. 1, to cause the preparation, execution and recordation of the Amended
Notice in the official records of the County Recorder in accordance with the provisions of Section
53339.8. Upon recordation of the Amended Notice, the Subject Property shall be subject to the
levy of the special tax of Improvement Area No.1 in accordance with the rate and method of
apportionment of special tax for said Improvement Area No. 1, as approved by the Resolution of
Formation and attached thereto as Exhibit B thereof.
(the rest of this page intentionally left blank)
Page 3 of 3
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2015, by the following vote:
AYES: Council Members __________________________________________________
NOES: Council Members __________________________________________________
ABSENT: Council Members __________________________________________________
ABSTAIN: Council Members __________________________________________________
__________________________________________
Mayor
ATTEST:
____________________________________
City Clerk
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