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HomeMy WebLinkAboutReso 91-17 Calling Special Mailed-Ballot Election Respecting Porposed Change of Proceedings to Modify Ex A RESOLUTION NO. 91 — 17 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 FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING — PUBLIC SERVICES) 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 Exhibit 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 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 Reso No. 91-17, Adopted 6/20/2017, Item No. 6.2 Page 1 of 3 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, 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. Reso No. 91-17, Adopted 6/20/2017, Item No. 6.2 Page 2 of 3 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: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: Councilmember Goel ABSTAIN: ayor ATTEST: 'Perm-y City Clerk Reso No. 91-17, Adopted 6/20/2017, Item No. 6.2 Page 3 of 3 Attachment 1 -Existing Exhibit A to Resolution 96-15 EXHIBIT A 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 Metcr 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 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 i