HomeMy WebLinkAboutReso 88-17 Formation of a Comm Facilities Dist Dublin Crossing Dist 2017-1 RESOLUTION NO. 88 — 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 Council") 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; and
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 Resolution 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 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
Reso No. 88-17, Adopted 6/20/2017, Item No. 6.1 Page 1 of 3
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 property 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 annually 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.
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"). However, this City Council reserves
the right, under Section 53340, to utilize any method of collecting the Special Tax which it shall, from
time to time, determine to be in the best interests of the City, including, but not limited to, direct billing
by the City to the property owners and supplemental billing.
Reso No. 88-17, Adopted 6/20/2017, Item No. 6.1 Page 2 of 3
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: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT: Councilmember Goel
ABSTAIN:
Mayor
ATTEST:
ne fK fl City Clerk
Reso No. 88-17, Adopted 6/20/2017, Item No. 6.1 Page 3 of 3
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.
11. 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.
Vl. 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 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 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 ]Play 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. 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. MA2T1VI JM 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 ofDublfu CFD No.2017-1 4 hilly S,2017
TABLE I
Developed Property
Fiscal Year 2017-18
Maximum Special Taxes
Maximum
Square Footage Special Tax
Land Use Category (Fiscal Year 2017-I8
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. MME:[HOD OF LEVY OF THE SPL,CIA.L 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 Alay 5,2017
i
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 SPECTAI,TAX FORM L"
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.
City of Dublin CFD No.2017-1 6 May S,2017