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HomeMy WebLinkAboutReso 92-17 Declaring Results of Landowner-Voter Election & Ordering Change to Ex A of Reso 96-15 RESOLUTION NO. 92 — 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 FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING — PUBLIC SERVICES) 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. 2015-11"); 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 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 13(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 Reso No. 92-17, Adopted 6/20/2017, Item No. 6.2 Page 1 of 3 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 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; Reso No. 92-17, Adopted 6/20/2017, Item No. 6.2 Page 2 of 3 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. 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-City Clerk Reso No. 92-17, Adopted 6/20/2017, Item No. 6.2 Page 3 of 3 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