HomeMy WebLinkAboutReso 122-24 Declaring Intention to Form a Community Facilities District and Levy Special Taxes in City of Dublin CFD No. 2024-1 (Dublin Centre) to Finance Certain Public ServicesDocusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
RESOLUTION NO. 122 - 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DECLARING INTENTION TO FORM A COMMUNITY FACILITIES DISTRICT AND
LEVY SPECIAL TAXES IN CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT
NO. 2024-1 (DUBLIN CENTRE) TO FINANCE CERTAIN PUBLIC SERVICES AND
THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN
AND FOR SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, under the Mello -Roos Community Facilities Act of 1982, as
amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311,
of the California Government Code (the "Act"), the City Council of the City of Dublin (the
"City Council") is authorized to establish a community facilities district, and to act as the
legislative body for such community facilities district; and
WHEREAS, the City Council, having received indications of interest on behalf of
the owner of the land proposed to be included in a proposed community facilities
district, desires to proceed with the establishment of a community facilities district in
order to finance costs of public facilities and public services necessary or incidental to
new development in the City.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Dublin hereby finds, determines and resolves as follows:
1. It is proposed to establish a community facilities district within the City of
Dublin under the terms of the Act to finance costs of public services and public
infrastructure necessary or incidental to new development in the City, which may
include the payment of impact fees related to new development.
2. The name proposed for the community facilities district is the City of
Dublin Community Facilities District No. 2024-1 (Dublin Centre) (the "CFD").
3. The proposed boundaries of the CFD are shown on the Map of Proposed
Boundary of a proposed community facilities district to be known as City of Dublin
Community Facilities District No. 2024-1 (Dublin Centre), City of Dublin, Alameda
County, California, on file with the City Clerk, which the City Council approves as the
map describing the extent of the territory included in the proposed CFD. The City
Council finds that the map is in the form and contains the matters prescribed by Section
3110 of the California Streets and Highways Code. The City Council directs the City
Clerk to certify the adoption of this resolution on the face of the map, and to file a copy
of the map in the office of the City Clerk in accordance with Section 3111 of the
California Streets and Highways Code and within 15 days of the date of adoption of this
resolution but in no event later than 15 days prior to the public hearing provided for
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
herein, transmit the map to the County Recorder for recording in the Book of Maps of
Assessment and Community Facilities Districts in the office of the County Recorder of
the County of Alameda.
4. Except to the extent that funds are otherwise available to the CFD to pay
for the Facilities and Services (as defined below), and/or the principal and interest as it
becomes due on bonds issued by the City for the CFD to construct and/or acquire the
Facilities, special taxes (the "Special Taxes") sufficient to pay the costs thereof, secured
by recordation of a continuing lien against all non-exempt real property in the CFD, will
be levied annually within the CFD, and collected in the same manner as ordinary ad
valorem property taxes, or in such other manner as the City Council or its designee
shall determine, including direct billing of the affected property owners. The proposed
rate and method of apportionment of the Special Taxes among the parcels of real
property within the CFD, in sufficient detail to allow each landowner within the proposed
CFD to estimate the maximum amount such owner will have to pay, are described in the
Rate and Method of Apportionment of Special Taxes attached hereto as Exhibit A and
hereby incorporated herein (the "Rate and Method").
The City Council hereby finds that the provisions of Sections 53313.6, 53313.7
and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and
schools financed by a community facilities district) are inapplicable to the proposed
CFD.
As required by Section 53339.3(d) of the Act, the City Council hereby determines
that the special tax proposed to pay for public facilities financed with bonds that have
already been issued and that are secured by the existing CFD shall be the same as the
tax levied in the existing CFD for that purpose, except that a higher special tax may be
levied for that purpose within the territory proposed to be annexed or to be annexed in
the future to compensate for the interest and principal previously paid by the existing
CFD, less any depreciation allocable to the public facility. In so finding, the City Council
does not intend to limit its ability to levy a special tax within territory to be annexed or to
be annexed in the future to pay for new or additional public facilities, with or without
bond financing.
5. The type of public facilities proposed to be authorized to be financed by
the CFD and pursuant to the Act shall consist of those items listed as Facilities,
including impact fees to finance public facilities, on Exhibit B hereto (the "Facilities")
and hereby incorporated herein. The financing of the costs of Facilities may include,
without limitation, the payment of principal of and interest on bonds together with all
direct, indirect periodic, and/or other related costs (including, without limitation, costs of
administering the CFD, levying the Special Taxes and administering the bonds, and
establishing and replenishing reserve funds). The City Council hereby finds and
determines that the public interest will not be served by allowing the property owners in
the CFD to enter into a contract in accordance with Section 53329.5(a) of the Act.
Notwithstanding the foregoing, the City Council, on behalf of the CFD, may enter into
2
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
one or more contracts directly with any of the property owners with respect to the
construction and/or acquisition of any portion of the Facilities.
The type of services proposed to be financed by the special tax levied in the CFD
pursuant to the Act shall consist of those listed as services in Exhibit B hereto and
hereby incorporated herein (the "Services"). The City Council hereby determines that
the Services are necessary to meet increased demands for such services placed upon
local agencies as the result of development occurring within the area of the CFD. The
Services are in addition to those provided in the territory of the CFD as of the date
hereof and will not supplant services already available within the territory of the CFD as
of the date hereof.
6. Except as may otherwise be provided by law or by the Rate and Method,
all lands owned by any public entity, including the United States, the State of California
and the City, or any departments or political subdivisions thereof, shall be omitted from
the levy of the Special Taxes. In the event that a portion of the property within the CFD
shall become for any reason exempt, wholly or in part, from the levy of the Special
Taxes, the City Council will, on behalf of the CFD, increase the levy to the extent
necessary upon the remaining property within the CFD which is not exempt in order to
yield the required debt service payments and other annual expenses of the CFD, if any,
subject to the provisions of the Rate and Method. It is anticipated that the Special Taxes
will be billed as a separate line item on the regular property tax bill. However, the City
Council reserves the right, under Section 53340 of the Act, to utilize any method of
collecting the Special Taxes 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.
7. The levy of the Special Taxes shall be subject to the approval of the
qualified electors of the CFD at a special election. The proposed voting procedure shall
be by mailed or hand -delivered ballot among the landowners in the proposed CFD, with
each owner having one vote for each acre or portion of an acre such owner owns in the
CFD. The City Council hereby determines that the Facilities are necessary to meet
increased demands placed upon local agencies as the result of development occurring
within the CFD.
8. It is the intention of the City Council, acting as the legislative body for the
CFD, to cause bonds of the City to be issued for the CFD pursuant to the Act to finance
in whole or in part the construction and/or acquisition of the Facilities. The bonds
issued in these proceedings shall be callable in accordance with the provisions of the
Act, and shall be issued in such series and bear interest payable semi-annually or in
such other manner as the City Council shall determine, at a rate not to exceed the
maximum rate of interest as may be authorized by applicable law at the time of sale of
such bonds, shall mature not to exceed 40 years from the date of the issuance thereof
and shall be as more specifically set forth in any resolution authorizing the issuance of
such bonds.
3
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
9. Section 53314.9 of the Act provides that, either before or after formation of
the CFD, the City may accept work in -kind from any source, including, but not limited to,
private persons or private entities, may provide, by resolution, for the use of that work
in -kind for any authorized purpose and the City Council may enter into an agreement
(an "Acquisition Agreement"), by resolution, with the person or entity advancing the
work in -kind, to reimburse the person or entity for the value, or cost, whichever is less,
of the work in -kind, as determined by the City Council, with or without interest, under the
conditions specified in the Act. Any work in -kind must be performed or constructed as if
the work had been performed or constructed under the direction and supervision, or
under the authority of, the City. The City Manager and each other authorized officer of
the City is hereby authorized and directed to enter into the Acquisition Agreement with
the City and the developer(s).
Section 53316.2 of the Act provides that a community facilities district may
finance facilities to be owned or operated by a public agency other than the agency that
created the district, or services to be provided by a public agency other than the agency
that created the district, or any combination, only pursuant to a joint community facilities
agreement or a joint exercise of powers agreement adopted pursuant to this section.
The City Manager and each other authorized officer of the City is hereby authorized and
directed to enter into joint community facilities agreements and/or acquisition
agreements with the City and any other public agency that will own or operate any of
the Facilities or provide any of the Services, as may be necessary to comply with the
provisions of Section 53316.2 of the Act. The City Council hereby declares that such
joint agreements will be beneficial to owners of property in the area of the CFD.
10. The Finance Director of the City, as the officer having charge and control
of the Facilities and Services in and for the CFD, or the designee of such official, is
hereby directed to cause and direct a study of said proposed CFD and the Facilities and
Services, and to cause to be prepared for filing at the public hearing the report required
by Section 53321.5 of the Act (the "CFD Report") presenting at least the following:
(a) A brief description of the Facilities and Services by type which will be
required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Facilities including
the cost of acquisition of lands, rights -of -way and easements, any physical
facilities required in conjunction therewith and incidental expenses in connection
therewith, including the costs of the proposed bond financing and all other related
costs as provided in Section 53345.3 of the Act.
(c) An estimate of the fair and reasonable cost of the Services and
incidental expenses in connection therewith, and all other related costs.
The CFD Report shall be made a part of the record of the public hearing
specified below.
4
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
11. The City Council also intends to establish an initial annual appropriations
limit for the CFD in an amount not to exceed $55,000,000, subject to increase in
accordance with law.
12. The City Council hereby sets November 19, 2024, at 7:00 p.m., at the City
of Dublin Civic Center Council Chambers located at 100 Civic Plaza, Dublin, California
94568, as the time and place when and where the City Council, as legislative body for
the CFD, will conduct a public hearing on the establishment of the CFD, and consider
and finally determine whether the public interest, convenience and necessity require the
formation of the CFD, and the levy of the Special Taxes. At the hearing, testimony
concerning the CFD, the extent of the CFD, or the furnishing of the particular types of
Facilities and Services will be heard and protests will be considered from registered
voters residing within the CFD and persons owning real property within the CFD.
Written protests by the owners of a majority of the land which would be subject to
special taxation within the proposed CFD will require the suspension of proceedings for
at least one year. Written protests must be filed with the City Clerk at or before the time
fixed for the hearing. If such protests are directed only against certain elements of the
proposed improvements or proposed Special Taxes, and if such protests constitute a
majority protest, only those elements shall be deleted from the proceedings.
13. The City Clerk is hereby directed to cause notice of the public hearing,
attached hereto as Exhibit C, to be given by one-time publication in a newspaper
published in the area of the CFD. The publication shall be completed at least 7 days
before the date of the public hearing referenced above. The notice shall be
substantially in the form specified in Section 53322 of the Act and attached hereto, with
the form summarizing the provisions hereof hereby specifically approved.
14. This Resolution shall take effect from and after its adoption.
{Signatures on the following page}
5
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
PASSED, APPROVED AND ADOPTED this 15th day of October 2024, by the
following vote:
AYES: Councilmembers Hu, Josey, Thalblum and Mayor McCorriston
NOES: Councilmember Qaadri
ABSENT:
ABSTAIN:
ATTEST:
�DocuSigned by:
(coats,_vvt26--n3L.
—9c@ i5B zF40A...
City Clerk
p—Signed by:
Mayo
ubJty(,1(r,u2SAu4b 1...
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(DUBLIN CENTRE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor's Parcel in the City of Dublin Community Facilities
District No. 2024-1 (Dublin Centre) shall be levied and collected according to the tax liability
determined by the City Council through the application of the appropriate amount or rate for
Taxable Property, as described below. All of the property in the CFD, unless exempted by law or
by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the
manner herein provided.
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 fees and expenses of any fiscal
agent or trustee (including any fees or expenses of its counsel) employed in connection with any
Bonds, and the expenses of the City in carrying out its duties with respect to the CFD and the
Bonds, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses
of its counsel, charges levied by the County in connection with the levy and collection of Special
Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with
appeals or requests for interpretation associated with the Special Taxes and this RMA, amounts
needed to pay rebate to the federal government with respect to Bonds, costs associated with
complying with continuing disclosure requirements for the City and any major property owners or
other obligated parties, costs associated with foreclosure and collection of delinquent Special
Taxes, and all other costs and expenses of the City in any way related to the establishment or
administration of the CFD.
"Administrator" shall mean the person or firm designated by the City to administer the Special
Taxes according to this RMA.
"Affordable Housing Unit" means any Residential Unit on a Parcel of Developed Property for
which a deed restriction has been recorded on title of the property that limits the rental rate or sales
price or otherwise restricts the affordability of the Residential Unit or income of its occupants. It
is incumbent upon the builder, developer, or property owner to make the Administrator aware of
such deed restriction. Residential Units on Welfare Exemption Property shall be categorized as
Welfare Exemption Property for purposes of this RMA, not as Affordable Housing Units.
Dublin Centre CFD No. 2024-1 1 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
"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.
"Authorized Facilities" means the public facilities authorized to be financed, in whole or in part,
by the CFD.
"Authorized Services" means the public services authorized to be funded, in whole or in part, by
the CFD.
"Average Sales Price" means the weighted average sales price for all Residential Units within a
particular Tax Zone that have sold within the past 6 months or are expected to sell in a normal
marketing environment, and shall not include Affordable Housing Units or Residential Units that
are sold at a discount for the purpose of stimulating initial sales activity. The sales price shall
include the actual sales price of the Residential Units within the respective Tax Zone that have
sold within the past 6 months or are expected to sell in a normal marketing environment including,
but not limited to, options, upgrades, and premiums.
"Base Facilities Special Tax" means, for any Land Use Category, the applicable Special Tax
initially identified in Table 1 of Section C, as may be adjusted pursuant to Section D herein.
"Bonds" means bonds or other debt (as defined in the Act), whether in one or more series, secured
by the Facilities Special Tax and issued or assumed by the CFD to fund Authorized Facilities.
"Building Permit" means a permit that allows for vertical construction of a building or buildings,
which shall not include a separate permit issued for construction of the foundation thereof.
"Capitalized Interest" means funds in any capitalized interest account available to pay debt
service on Bonds.
"CFD" means the City of Dublin Community Facilities District No. 2024-1 (Dublin Centre).
"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. 2024-1.
"County" means the County of Alameda.
"Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property that are not
Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption
Dublin Centre CFD No. 2024-1 2 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
Property for which a Building Permit for new construction was issued prior to June 1 of the
preceding Fiscal Year.
"Development Class" means, individually, Developed Property, Final Map Property,
Undeveloped Property, Taxable Owners Association Property, Taxable Welfare Exemption
Property, and Taxable Public Property.
"Exempt Affordable Units Parcel" means the Parcel in the CFD on which all Residential Units
are expected to be Affordable Housing Units and, therefore, such Parcel (or Parcels once
subdivided) is exempt from the levy of the Special Taxes unless and until Residential Units
constructed on such Parcel(s) no longer have a deed restriction making them Affordable Units.
The Exempt Affordable Units Parcel is identified in Attachment 1 hereto. Such exemption shall
apply to the Parcel once it becomes a stand-alone Assessor's Parcel, whether such Parcel is
Developed Property or Undeveloped Property, as defined herein.
"Expected Land Uses" means, for any Tax Zone, the number of Residential Units and the acreage
of Other Property expected within the CFD at CFD Formation, as identified in Attachments 1 and
2 of this RMA. Pursuant to Section D of this RMA, the Administrator shall update Attachment 2
each time there is a Land Use Change. Updates to Attachments 1 and 2 shall be maintained
internally by the Administrator and shall not require recordation of an amended RMA.
"Expected Maximum Facilities Special Tax Revenues" means the aggregate Facilities Special
Tax that can be levied based on application of the Base Facilities Special Tax to the Expected Land
Uses. The Expected Maximum Facilities Special Tax Revenues at CFD Formation are shown in
Attachment 2 and may be revised pursuant to Section D and H below. Updates to Attachments 1
and 2 shall be maintained internally by the Administrator and shall not require recordation of an
amended RMA.
"Facilities Special Tax" means a special tax levied in any Fiscal Year on Parcels in the CFD to
pay the Facilities Special Tax Requirement.
"Facilities Special Tax Requirement" means the amount necessary in any Fiscal Year (i) to pay
principal and interest on Bonds which are due in the calendar year which begins in such Fiscal
Year, (ii) to replenish reserve funds to the extent such replenishment has not been included in a
computation of the Facilities Special Tax Requirement in a previous Fiscal Year, (iii) to cure any
delinquencies in the payment of principal or interest on Bonds which have occurred in the prior
Fiscal Year, (iv) to pay Administrative Expenses, and (v) to pay the costs of Authorized Facilities
to be funded directly from Facilities Special Tax proceeds to the extent that paying directly for
such costs does not increase the Facilities Special Taxes levied on Final Map Property or
Undeveloped Property. The amounts referred to in clauses (i) and (ii) of the preceding sentence
may be reduced in any Fiscal Year by (i) interest earnings on or surplus balances in funds and
accounts for Bonds to the extent that such earnings or balances are available to apply against debt
service pursuant to the Indenture, (ii) proceeds from the collection of penalties associated with
delinquent Facilities Special Taxes, and (iii) any other revenues available to pay debt service on
the Bonds as determined by the Administrator.
Dublin Centre CFD No. 2024-1 3 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
"Final Map" means a final map, or portion thereof, approved by the City pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq) that creates SFD Lots.
The term "Final Map" shall not include any large -lot subdivision map, Assessor's Parcel Map, or
subdivision map or portion thereof, that does not create SFD Lots, including Assessor's Parcels
that are designated as remainder parcels.
"Final Map Property" means, in any Fiscal Year, all SFD Lots created within Final Maps that
had recorded prior to June 1 of the preceding Fiscal Year and which have not yet become
Developed Property.
"First Bond Sale" means issuance of the first series of Bonds secured, in whole or in part, by
Facilities Special Taxes levied and collected from Parcels of Taxable Property in the CFD.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Fund" means the account (regardless of its name) identified in the Indenture to
hold funds that are available for expenditure to acquire or construct Authorized Facilities or to pay
eligible impact fees.
"Indenture" means the bond indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented
from time to time, and any instrument replacing or supplementing the same.
"Land Use Category" means, individually, Single Family Property or Other Property. Affordable
Housing Units shall be considered a separate Land Use Category for purposes of this RMA.
"Land Use Change" means a proposed or approved change to the Expected Land Uses after CFD
Formation.
"Master Developer" means Landsea Homes Corporation, and its successors and assigns.
"Maximum Facilities Special Tax" means the greatest amount of Facilities Special Tax that can
be levied on a Parcel in any Fiscal Year as determined in accordance with Sections C and D below.
"Maximum Services Special Tax" means the greatest amount of Services Special Tax that can
be levied on a Parcel in any Fiscal Year, as determined in accordance with Section C below.
"Maximum Special Tax" means, as the context requires, either or both of the Maximum Facilities
Special Tax and Maximum Services Special Tax.
"Other Property" means any Parcel of Developed Property in the CFD that does not fit within
the definition of Single Family Property or Affordable Housing Unit.
"Owners Association" means a homeowners association or property owners association that
provides services to, and collects assessments, fees, dues, or charges from, property within the
CFD.
Dublin Centre CFD No. 2024-1 4 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
"Owners Association Property" means any property within the boundaries of the CFD that is
owned in fee or through easement by the Owners Association, not including any such property that
is located directly under a residential structure.
"Price Point Consultant" means any consultant or firm selected by the City that: (a) has
substantial experience in performing price point studies for Residential Units within community
facilities districts or otherwise estimating or confirming pricing for Residential Units in
community facilities districts; (b) has recognized expertise in analyzing economic and real estate
data that relates to the pricing of Residential Units in community facilities districts; (c) is
independent and not under the control of the City or any developer of Parcels in the CFD; (d) does
not have any substantial interest, direct or indirect, with or in: (i) the CFD, (ii) the City, or (iii) any
owner of real property in the CFD; and (e) is not connected with the City as an officer or employee
thereof, but who may be regularly retained to make reports to the City.
"Price Point Study" means a price point study or letter updating a previous price point study
prepared by the Price Point Consultant pursuant to Section D herein. For each Tax Zone in the
CFD, the price point study shall analyze Residential Units with similar density, lot sizes, square
footage ranges, and product type as the Residential Units within that Tax Zone and excluding
Affordable Housing Units. The Master Developer will be provided the opportunity to review and
comment on the draft price point study before a final version is presented to the City.
"Proportionately" means, for each Development Class, 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 assigned to the Development Class.
"Public Property" means any property within the boundaries of the CFD that is owned by the
City, County, federal government, State of California, or other public agency.
"Required Coverage" means the amount by which the Expected Maximum Facilities Special Tax
Revenues must exceed the Bond debt service and priority Administrative Expenses (if any), as set
forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document
that sets forth the minimum required debt service coverage.
"Residential Unit" means an SFD Unit or an individual residential unit within a duplex, halfplex,
triplex, fourplex, townhome, live/work or condominium structure. A second unit (granny flat) that
shares a Parcel with an SFD Unit shall not be considered a Residential Unit for purposes of levying
the Special Taxes.
"RMA" means this Rate and Method of Apportionment of Special Taxes.
"Services Special Tax" means a special tax levied in any Fiscal Year on Parcels in the CFD to
pay the Services Special Tax Requirement.
"Services 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
delinquencies in the payment of Services Special Taxes which have occurred in the prior Fiscal
Year. In any Fiscal Year, the Services Special Tax Requirement shall be reduced by surplus
Dublin Centre CFD No. 2024-1 5 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
amounts available (as determined by the City) from the levy of the Services Special Tax in prior
Fiscal Years, including revenues from collection of delinquent Services Special Taxes and
associated penalties and interest.
"SFD Lot" means an individual residential lot, identified and numbered on a recorded Final Map,
on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit
without further subdivision of the lot and for which no further subdivision of the lot is anticipated
pursuant to an approved Tentative Map.
"SFD Unit" means a residential dwelling unit that does not share a common wall with another
residential dwelling unit.
"Single Family Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a
Building Permit was or is expected to be issued for: (i) construction of an SFD Unit, or (ii)
construction of a residential structure consisting of two or more Residential Units that share
common walls, have separate Assessor's Parcel numbers assigned to them (except for a duplex
unit, which may share an Assessor's Parcel with another duplex unit), and may be purchased by
individual homebuyers (which shall still be the case even if the Residential Units are purchased
and subsequently offered for rent by the owners of the Residential Units), including such
residential structures that meet the statutory definition of a condominium contained in Civil Code
Section 1351.
"Special Taxes" means, as the context requires, either or both of the Facilities Special Tax and
Services Special Tax.
"Tax Zone" means a geographic area within which a particular Maximum Facilities Special Tax
rate may be levied pursuant to this RMA, as identified in Attachment 1 hereto.
"Taxable Owners Association Property" means, in any Fiscal Year after the First Bond Sale,
any Parcel of Owners Association Property that satisfies all three of the following conditions: (i)
the Parcel had not been Owners Association Property on the date of the First Bond Sale; (ii) based
on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below), the Parcel
was not anticipated to be Owners Association Property as determined by the Administrator; and
(iii) if the Parcel were to be exempt from the Facilities Special Tax because it is Owners
Association Property, the Expected Maximum Facilities Special Tax Revenues would be reduced
to a point at which Required Coverage could not be maintained.
"Taxable Property" means all of the Parcels within the boundaries of the CFD that are not exempt
from the Special Taxes pursuant to law or Section G below.
"Taxable Public Property" means in any Fiscal Year after the First Bond Sale, any Parcel of
Public Property that satisfies all three of the following conditions: (i) the Parcel had not been Public
Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may
be updated pursuant to Section D below), the Parcel was not anticipated to be Public Property as
determined by the Administrator; and (iii) if the Parcel were to be exempt from the Facilities
Special Tax because it is Public Property, the Expected Maximum Facilities Special Tax Revenues
would be reduced to a point at which Required Coverage could not be maintained.
Dublin Centre CFD No. 2024-1 6 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
"Taxable Welfare Exemption Property" means in any Fiscal Year after the First Bond Sale, any
Parcel of Welfare Exemption Property that satisfies all three of the following conditions: (i) the
Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale;
(ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below),
the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land
Uses, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the
Facilities Special Tax because it has become Welfare Exemption Property, the Expected Maximum
Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could
not be maintained.
"Tentative Map" means a tentative map or substantial conformance exhibit for property in the
CFD, including any adjustments or amendments thereto.
"Total Tax Burden" means, for Single Family Property, that the Special Taxes, together with ad
valorem property taxes, special assessments, special taxes for any overlapping community
facilities districts, or any other taxes, fees and charges which would be collected by the County on
property tax bills for a Residential Unit with an assessed value equal to the Average Sales Price,
and which are payable from and secured by the property assuming such Residential Unit had been
completed, sold, and subject to such levies and impositions, excluding service charges such as
sewer and trash, and voluntary assessments such as those associated with a Property Assessed
Clean Energy program.
"Undeveloped Property" means, in any Fiscal Year, all Parcels of Taxable Property that are not
Final Map Property, Developed Property, Taxable Owners Association Property, Taxable Public
Property, or Taxable Welfare Exemption Property as defined herein.
"Welfare Exemption Property" means, in any Fiscal Year, any Parcels in the CFD that have
received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation
Code and for which such welfare exemption is still in place.
B. DATA FOR ADMINISTRATION OF THE SPECIAL TAXES
Each Fiscal Year, the Administrator shall: (i) assign each Parcel of Taxable Property to the
appropriate Tax Zone and the appropriate Development Class; (ii) for Developed Property,
categorize each Parcel as Single Family Property, an Affordable Housing Unit, or Other Property;
and (iii) determine the Facilities Special Tax Requirement and the Services Special Tax
Requirement for the Fiscal Year. In addition, the Administrator shall, on an ongoing basis, monitor
the Tentative Map, Final Maps, and Building Permits to determine if there are any proposed Land
Use Changes that would change the Expected Maximum Facilities Special Tax Revenues. If the
Expected Maximum Facilities Special Tax Revenues will be revised pursuant to a proposed Land
Use Change, the Administrator shall apply the steps set forth in Section D below.
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
Dublin Centre CFD No. 2024-1 7 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
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 Taxes for
the property affected by recordation of the parcel map by determining the Special Taxes that apply
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 TAXES
1.
Facilities Special Tax: Developed Property and Final Map Property
The Maximum Facilities Special Tax for a Parcel of Developed Property is the greater of: (i) the
Base Facilities Special Tax set forth in Table 1 below, or (ii) the Maximum Facilities Special Tax
determined pursuant to Section D.
Table 1
Base Facilities Special Tax
Developed Property and Final Map Property
Land Use Category
Base Facilities Special Tax
Fiscal Year 2024-25 *
Tax Zone 1
$2,630 per Residential Unit or SFD Lot
$0 per Residential Unit
$78,600 per Acre
Single Family Property
Affordable Housing Units
Other Property
Tax Zone 2
$5,301 per Residential Unit or SFD Lot
$0 per Residential Unit
$153,300 per Acre
Single Family Property
Affordable Housing Units
Other Property
Tax Zone 3
$4,651 per Residential Unit or SFD Lot
$0 per Residential Unit
$83,200 per Acre
Single Family Property
Affordable Housing Units
Other Property
Tax Zone 4
$7,210 per Residential Unit or SFD Lot
$0 per Residential Unit
$100,900 per Acre
Single Family Property
Affordable Housing Units
Other Property
Tax Zone 5
$7,271 per Residential Unit or SFD Lot
$0 per Residential Unit
$124,400 per Acre
Single Family Property
Affordable Housing Units
Other Property
Tax Zone 6
$8,097 per Residential Unit or SFD Lot
$0 per Residential Unit
$113,300 per Acre
Single Family Property
Affordable Housing Units
Other Property
* On July 1, 2025, and on each July 1 thereafter, all figures shown in Table 1 above shall be
increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.
Dublin Centre CFD No. 2024-1 8
June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
2. Facilities Special Tax: Undeveloped Property, Taxable Owners Association Property,
Taxable Welfare Exemption Property, and Taxable Public Property
Table 2 below identifies the Maximum Facilities Special Tax for Parcels of Undeveloped Property,
Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public
Property in each Tax Zone.
Table 2
Maximum Facilities Special Tax for Undeveloped Property,
Taxable Owners Association Property, Taxable Welfare Exemption Property,
and Taxable Public Property
Tax Zone
Maximum Facilities
Special Tax
(Fiscal Year 2024-25)*
Tax Zone 1
Tax Zone 2
Tax Zone 3
Tax Zone 4
Tax Zone 5
Tax Zone 6
$78,600 per Acre
$153,300 per Acre
$83,200 per Acre
$100,900 per Acre
$124,400 per Acre
$113,300 per Acre
* On July 1, 2025 and on each July 1 thereafter, all dollar amounts shown in Table 2 above shall
be increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.
3. Services Special Tax: Developed Property and Final Map Property
The Maximum Services Special Tax for Parcels of Developed Property and Final Map Property is
$469 per Residential Unit or SFD Lot in Fiscal Year 2024-25. Notwithstanding the foregoing, the
Maximum Services Special Tax shall not be levied on Affordable Housing Units. On July 1, 2025
and on each July 1 thereafter, the Maximum Services Special Tax shall be increased by an amount
equal to 4.0% of the amount in effect for the prior Fiscal Year.
4. Services Special Tax: Undeveloped Property
Table 3 below identifies the Maximum Services Special Tax for Parcels of Undeveloped Property
in each Tax Zone.
Table 3
Maximum Services Special Tax for Undeveloped Property
Tax Zone
Maximum Services
Special Tax
(Fiscal Year 2024-25)*
Tax Zone 1
Tax Zone 2
Tax Zone 3
Tax Zone 4
Tax Zone 5
Tax Zone 6
$14,100 per Acre
$13,560 per Acre
$8,390 per Acre
$6,560 per Acre
$8,030 per Acre
$6,560 per Acre
* On July 1, 2025 and on each July 1 thereafter, all dollar amounts shown in Table 3 above shall
be increased by an amount equal to 4.0% of the amount in effect for the prior Fiscal Year.
Dublin Centre CFD No. 2024-1
9
June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
D. CHANGES TO THE MAXIMUM FACILITIES SPECIAL TAX
Pursuant to this Section D, the Administrator may from time to time update Attachment 2 to reflect
revised Expected Maximum Facilities Special Tax Revenues. Such update shall be maintained
internally by the Administrator and shall not require recordation of an amended RMA.
1. Land Use Changes
The Expected Maximum Facilities Special Tax Revenues shown in Attachment 2 were originally
calculated based on the Expected Land Uses at CFD Formation. Attachment 2 is subject to
modification upon the occurrence of Land Use Changes, as described below. The Administrator
shall review all Land Use Changes and compare the revised land uses to the Expected Land Uses
to evaluate the impact on the Expected Maximum Facilities Special Tax Revenues.
Prior to the First Bond Sale, if a Land Use Change is proposed or identified that will result in a
change in the Expected Maximum Facilities Special Tax Revenues, no action will be needed
pursuant to this Section D. Upon approval of the Land Use Change, the Administrator shall update
Attachment 2 to show the revised Expected Maximum Facilities Special Tax Revenues.
After the First Bond Sale, if a Land Use Change is proposed or identified, Steps 1 through 3
below must be applied:
Step 1:
Step 2:
By reference to Attachment 2 (which shall be updated by the Administrator each
time a Land Use Change has been processed according to this Section D or a partial
prepayment has been made), the Administrator shall identify the Expected
Maximum Facilities Special Tax Revenues prior to the Land Use Change.
The Administrator shall calculate the Expected Maximum Facilities Special Tax
Revenues that could be collected from Taxable Property in the CFD after the Land
Use Change based on application of the Base Facilities Special Taxes from Table
1.
Step 3: If the revenues calculated in Step 2 are (i) higher than those determined in Step
1 or (ii) less than those calculated in Step 1, but the reduction in Expected
Maximum Facilities Special Tax Revenues does not reduce debt service coverage
on outstanding Bonds below Required Coverage, no further action is needed, and
the Administrator shall update Attachment 2 to show the revised Expected
Maximum Facilities Special Tax Revenues.
If the revenues calculated in Step 2 are less than those calculated in Step 1, and the
Administrator determines that the reduction in Expected Maximum Facilities
Special Tax Revenues would reduce debt service coverage on outstanding Bonds
below the Required Coverage, one of the following shall occur:
3.a. The landowner requesting the Land Use Change (the "Requesting
Landowner") may make a prepayment in an amount that will ensure that the
reduced Expected Maximum Facilities Special Tax Revenues are sufficient to
Dublin Centre CFD No. 2024-1 10 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
provide Required Coverage, as determined pursuant to Section H below. If the
Requesting Landowner notifies the Administrator that he/she would like to
remedy the reduction by making a prepayment, such prepayment must be made
by the earlier of (i) 30 days from the date of delivery of the prepayment estimate
or (ii) the date of issuance of any Building Permits for any Parcel owned by the
Requesting Landowner that was Final Map Property or Undeveloped Property
at the time the Administrator prepared the prepayment estimate, or
3.b. If a prepayment is not received by the due date specified above, the Base
Facilities Special Tax used to determine the Maximum Facilities Special Tax
for each Parcel of Taxable Property in the area affected by the Land Use Change
shall be increased proportionately until the Expected Maximum Facilities
Special Tax Revenues are sufficient to maintain Required Coverage.
If multiple Land Use Changes are proposed simultaneously by a single landowner (which may
include approval of multiple Final Maps at one time), and the landowner requests that the impact
of two or more of the Land Use Changes be considered together, the Administrator shall consider
the combined effect of the Land Use Changes to determine if there is a reduction in Expected
Maximum Facilities Special Tax Revenues. If there is a reduction that would reduce debt service
coverage below the Required Coverage, and no prepayment has been received, then the Base
Facilities Special Tax used to determine the Maximum Facilities Special Tax for each Parcel of
Taxable Property in the areas affected by the Land Use Changes shall be increased proportionately
until the aggregate amount that can be levied within such areas is equal to the amount that could
have been levied prior to the proposed Land Use Changes. If Land Use Changes are proposed
simultaneously by multiple landowners, or if an individual landowner proposing multiple Land
Use Changes does not request that such Land Use Changes be considered together, the
Administrator shall consider the proposed Land Use Changes individually.
Notwithstanding the foregoing, once a certificate of occupancy has been issued for a Residential
Unit on a Parcel, the Maximum Facilities Special Tax for the Parcel cannot be increased because
of subsequent Land Use Changes that may occur within the area in which the Parcel is located.
The duties imposed on the Administrator pursuant to this Section D to review Land Use Changes,
and to review Final Maps and make certain calculations, are intended only to facilitate the
administration of the Facilities Special Tax and to better assure the sufficiency of tax capacity to
pay debt service on Bonds. Such duties are not intended to give any developer, subdivider, or
owner of property the right to receive notice of the potential impact of Land Use Changes on the
Facilities Special Tax applicable to a Parcel; and each developer, subdivider, or owner of property
whose property is the subject of a Land Use Change shall be responsible for understanding the
impact thereof on the Facilities Special Tax applicable to such property.
2. Partial Prepayments
If a Parcel makes a partial prepayment pursuant to Section H below, the Administrator shall
recalculate the Maximum Facilities Special Tax for the Parcel pursuant to Section H.2. In addition,
the Administrator shall update Attachment 2 to reflect the prepayment and the revised Expected
Maximum Facilities Special Tax Revenues for the CFD. After the prepayment has been received,
Dublin Centre CFD No. 2024-1 11 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
the application of Sections D, E, and H of this RMA shall be based on the adjusted Expected
Maximum Facilities Special Tax Revenues after the prepayment.
3. Conversion of a Parcel to a Taxable Land Use
If, in any Fiscal Year, an Affordable Housing Unit, the Exempt Affordable Units Parcel, or a Parcel
of Public Property, Welfare Exemption Property, or Owners Association Property that had been
exempt from the Special Taxes is converted to Single Family Property or Other Property, such
Parcel shall be subject to the levy of Special Taxes. The Maximum Special Taxes for each such
Parcel shall be determined based on the applicable Land Use Category for the Parcel, as determined
by the Administrator. In addition, the Administrator shall update Attachment 2 to reflect the
revised Expected Land Uses and Expected Maximum Facilities Special Tax Revenues for the
CFD.
4. Increase in Affordable Housing Units
If, prior to the First Bond Sale, the Administrator determines that there is an increase in the number
of Affordable Housing Units expected within any Tax Zone, the Administrator shall update the
Expected Land Uses and Expected Maximum Facilities Special Tax Revenues in Attachment 2,
and the additional Affordable Housing Units will be exempt from the Special Taxes.
If, at any time after the First Bond Sale, additional Affordable Housing Units are proposed, and if
the addition of the new Affordable Housing Units will decrease the Expected Maximum Facilities
Special Tax Revenues to a point at which Required Coverage cannot be maintained, the
Administrator shall calculate the Maximum Facilities Special Tax that must be assigned to each of
the new Affordable Housing Units to maintain Required Coverage. The Maximum Facilities
Special Tax assigned to the new Affordable Housing Units shall be escalated each Fiscal Year by
an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.
S. Transfer of Expected Maximum Facilities Special Tax Revenues Among Tax Zones
The Expected Maximum Facilities Special Tax Revenues were determined for each Tax Zone
based on the Expected Land Uses within that Tax Zone. If the expected number of Residential
Units or the expected acres of Other Property is transferred from one Tax Zone to another, the City
may, in its sole discretion, allow for a corresponding transfer of Expected Maximum Facilities
Special Tax Revenues between the Tax Zones. Such a transfer shall only be allowed if (i) all
adjustments are agreed to in writing by the affected property owners and the City, and (ii) there is
no reduction in the total Expected Maximum Facilities Special Tax Revenues as a result of the
transfer. After such a transfer, the Administrator shall update Attachment 2 to reflect the revised
Expected Maximum Facilities Special Tax Revenues for each Tax Zone.
6. Reduction in Maximum Facilities Special Tax
The Base Facilities Special Tax for one or more Tax Zones shall be reduced prior to the First Bond
Sale if the City reasonably determines based on a Price Point Study that, without a reduction in the
Base Facilities Special Tax for Residential Units within those Tax Zone(s), the Total Tax Burden
will exceed 1.75% of the Average Sales Price. Such determination shall be made by the City
hiring, at the CFD's expense, a Price Point Consultant to prepare a Price Point Study to confirm
the Average Sales Price for Residential Units within each Tax Zone. If, based on the Price Point
Dublin Centre CFD No. 2024-1 12 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
Study, the Administrator calculates that the Total Tax Burden for Residential Units within one or
more Tax Zones will exceed 1.75% of the Average Sales Price, the Administrator and the City
shall meet with the Master Developer to discuss the findings, after which point the Administrator
shall reduce the Base Facilities Special Tax to the point at which the Total Tax Burden on
Residential Units in each Tax Zone in the CFD is equal to 1.75% of the Average Sales Price for
such Residential Units. Any such reduction shall occur at least 60 days prior to the First Bond
Sale.
The Base Facilities Special Taxes set forth in Table 1 may also be (i) disproportionately reduced
prior to the First Bond Sale, but not to a level that exceeds the 1.75% described in the previous
paragraph, so long as the Master Developer is the owner of all Parcels in the CFD and requests a
reduction in the Base Facilities Special Taxes, or (ii) proportionately or disproportionately reduced
prior to the First Bond Sale, but not to a level that exceeds the 1.75% described in the previous
paragraph, if the owner of any Parcel in the CFD requests a reduction in the Base Facilities Special
Taxes and the owners of all Parcels in the CFD consent to such reduction by unanimous vote. Any
such reduction shall occur at least 60 days prior to the First Bond Sale.
The Base Facilities Special Tax reductions permitted pursuant to this paragraph shall be reflected
in an Amended Notice of Special Tax Lien, which the Administrator shall cause to be recorded.
If, based on the Price Point Study, the Administrator determines that the Total Tax Burden will
not exceed 1.75% of the Average Sales Price, then there shall be no change in the Base Facilities
Special Tax for Residential Units unless so requested by the Master Developer.
E. METHOD OF LEVY OF THE SPECIAL TAXES
1. Facilities Special Tax
Each Fiscal Year, the Administrator shall determine the Facilities Special Tax Requirement to be
collected in that Fiscal Year. A Facilities Special Tax shall then be levied according to the
following steps:
Step 1: The Facilities Special Tax shall be levied Proportionately on each Parcel of
Developed Property up to 100% of the Maximum Facilities Special Tax for each
Parcel of Developed Property until the amount levied is equal to the Facilities
Special Tax Requirement prior to applying any Capitalized Interest that is
available in the CFD accounts.
Step 2: If additional revenue is needed after Step 1 in order to meet the Facilities Special
Tax Requirement after Capitalized Interest has been applied to reduce the Facilities
Special Tax Requirement, the Facilities Special Tax shall be levied Proportionately
on each Parcel of Final Map Property up to 100% of the Maximum Facilities
Special Tax for each Parcel of Final Map Property until the amount levied is equal
to the Facilities Special Tax Requirement.
Step 3: If additional revenue is needed after Step 2, the Facilities Special Tax shall be levied
Proportionately on each Parcel of Undeveloped Property up to 100% of the
Dublin Centre CFD No. 2024-1 13 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
Maximum Facilities Special Tax for each Parcel of Undeveloped Property until the
amount levied is equal to the Facilities Special Tax Requirement.
Step 4: If additional revenue is needed after Step 3, the Facilities Special Tax shall be levied
Proportionately on each Parcel of Taxable Welfare Exemption Property, up to
100% of the Maximum Facilities Special Tax for each Parcel of Taxable Welfare
Exemption Property for such Fiscal Year until the amount levied is equal to the
Facilities Special Tax Requirement.
Step 5: If additional revenue is needed after Step 4, the Facilities Special Tax shall be levied
Proportionately on each Parcel of Taxable Owners Association Property, up to
100% of the Maximum Facilities Special Tax for each Parcel of Taxable Owners
Association Property until the amount levied is equal to the Facilities Special Tax
Requirement.
Step 6:
If additional revenue is needed after Step 5, the Facilities Special Tax shall be levied
Proportionately on each Parcel of Taxable Public Property, up to 100% of the
Maximum Facilities Special Tax for each Parcel of Taxable Public Property until
the amount levied is equal to the Facilities Special Tax Requirement.
2. Services Special Tax
Each Fiscal Year, the Administrator shall determine the Services Special Tax Requirement and the
Services Special Tax shall be levied according to the steps outlined below.
Step 1: The Services Special Tax shall be levied Proportionately on each Parcel of
Developed Property up to 100% of the Maximum Services Special Tax for each
Parcel of Developed Property for such Fiscal Year until the amount levied is
equal to the Services Special Tax Requirement.
Step 2: If additional revenue is needed after Step 1, the Services Special Tax shall be
levied Proportionately on each Parcel of Final Map Property up to 100% of the
Maximum Services Special Tax for each Parcel of Final Map Property for such
Fiscal Year until the amount levied is equal to the Services Special Tax
Requirement.
Step 3: If additional revenue is needed after Step 2, the Services Special Tax shall be
levied Proportionately on each Parcel of Undeveloped Property up to 100% of
the Maximum Services Special Tax for Undeveloped Property for such Fiscal
Year until the amount levied is equal to the Services Special Tax Requirement.
F. MANNER OF COLLECTION OF SPECIAL TAXES
The Special Taxes shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that prepayments are permitted as set forth in Section
H below and provided further that the City may directly bill the Special Taxes, 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.
Dublin Centre CFD No. 2024-1 14 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
The Facilities Special Tax shall be levied and collected until principal and interest on Bonds have
been repaid. However, in no event shall Facilities Special Taxes be levied after Fiscal Year 2064-
65. Under no circumstances may the Facilities Special Tax on a Parcel of Developed Property in
residential use be increased in any Fiscal Year as a consequence of delinquency or default in
payment of the Facilities Special Tax levied on another Parcel or Parcels by more than ten percent
(10%) above the amount that would have been levied in that Fiscal Year had there never been any
such delinquencies or defaults.
The Services Special Tax may be levied and collected in perpetuity.
G. EXEMPTIONS
Notwithstanding any other provision of this RMA, no Special Taxes shall be levied in any Fiscal
Year on the following:
i. Public Property, except Taxable Public Property.
ii. Owners Association Property, except Taxable Owners Association Property.
iii. Welfare Exemption Property, except Taxable Welfare Exemption Property.
iv. Affordable Housing Units, except as otherwise provided in Section D.4
v. The Exempt Affordable Units Parcel, except as otherwise provided in Section D.3
vi. Parcels that are owned by a public utility for an unmanned facility.
vii. Parcels that are subject to an easement that precludes any other use on the Parcel.
viii. For purposes of levying the Facilities Special Tax, Parcels that have fully prepaid
the Facilities Special Tax obligation assigned to the Parcel pursuant to the formula
set forth in Section H below. Such Parcels shall still be subject to the levy of the
Services Special Tax.
H. PREPAYMENTS
The following definitions apply to this Section H:
"Outstanding Bonds" means all Previously Issued Bonds which remain outstanding, with
the following exception: if a Facilities Special Tax has been levied against, or already paid
by, an Assessor's Parcel making a prepayment, and a portion of the Facilities Special Tax
will be used to pay a portion of the next principal payment on the Bonds that remain
outstanding (as determined by the Administrator), that next principal payment shall be
subtracted from the total Bond principal that remains outstanding, and the difference shall
be used as the amount of Outstanding Bonds for purposes of this prepayment formula.
"Previously Issued Bonds" means all Bonds that have been issued prior to the date of
prepayment.
Dublin Centre CFD No. 2024-1 15 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
"Public Facilities Requirement" means either $37.8 million in 2024 dollars, which shall
increase on January 1, 2025, and on each January 1 thereafter by two percent (2%) of the
amount in effect in the prior year, or such other number as shall be determined by the City
as sufficient to fund improvements that are authorized to be funded by the CFD. The Public
Facilities Requirements shown above may be adjusted each time property annexes into the
CFD or there is an adjustment to the Expected Maximum Facilities Special Tax Revenues
due to a Land Use Change or prepayment.
"Remaining Facilities Costs" means the Public Facilities Requirement minus public
facility costs funded by Previously Issued Bonds, developer equity, and any other source
of funding.
1. Full Prepayment
The Facilities Special Tax obligation applicable to a Parcel in the CFD may be prepaid and the
obligation of the Parcel to pay the Facilities Special Tax permanently satisfied as described herein,
provided that a prepayment may be made only if there are no delinquent Special Taxes with respect
to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Facilities
Special Tax obligation shall provide the City with written notice of intent to prepay. Within 30
days of receipt of such written notice, the City or its designee shall notify such owner of the
prepayment amount for such Parcel. Prepayment must be made not less than 60 days prior to any
redemption date for Bonds to be redeemed with the proceeds of such prepaid Facilities Special
Taxes. The Prepayment Amount shall be calculated as follows (capitalized terms as defined
below):
Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application
of the following steps:
Step 1.
Compute the amount that could be collected from the Parcel prepaying the
Facilities Special Tax in the Fiscal Year in which prepayment would be
received by the City by applying the Base Facilities Special Tax to the
Expected Land Uses for the Parcel. If this Section H is being applied to
calculate a prepayment pursuant to Section D above, compute the amount
by which the proposed Land Use Change would reduce Expected Maximum
Facilities Special Tax Revenues below the amount needed for Required
Coverage, and use this amount for purposes of this Step 1.
Step 2. Divide the Maximum Facilities Special Tax computed pursuant to Step 1
for such Parcel by the total Expected Maximum Facilities Special Tax
Dublin Centre CFD No. 2024-1 16 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
Revenues for all property in the CFD, as shown in Attachment 2 and as
adjusted by the Administrator after prepayments or Land Use Changes.
Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding
Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amount").
Step 4. Compute the current Remaining Facilities Costs (if any).
Step 5.
Multiply the quotient computed pursuant to Step 2 by the amount
determined pursuant to Step 4 to compute the amount of Remaining
Facilities Costs to be prepaid (the `Remaining Facilities Amount").
Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be
redeemed (the "Redemption Premium").
Step 7. Compute the amount needed to pay interest on the Bond Redemption
Amount starting with the first Bond interest payment date after which the
prepayment will be received until the earliest redemption date for the
Outstanding Bonds. However, if Bonds are callable at the first interest
payment date after the prepayment has been received, Steps 7, 8, and 9 of
this prepayment formula will not apply.
Step 8: Compute the amount of interest the City reasonably expects to derive from
reinvestment of the Bond Redemption Amount plus the Redemption
Premium from the first Bond interest payment date after which the
prepayment has been received until the redemption date for the Outstanding
Bonds.
Step 9: Subtract the amount computed pursuant to Step 8 from the amount
computed pursuant to Step 7 (the "Defeasance Requirement").
Step 10.
Step 11.
Step 12.
The administrative fees and expenses associated with the prepayment will
be determined by the Administrator and include the costs of computing the
prepayment, redeeming Bonds, and recording any notices to evidence the
prepayment and the redemption (the 'Administrative Fees and
Expenses").
If and to the extent so provided in the Bond Indenture, a reserve fund credit
shall be calculated as a reduction in the applicable reserve fund for the
Outstanding Bonds to be redeemed pursuant to the prepayment (the
"Reserve Fund Credit").
The Facilities Special Tax prepayment is equal to the sum of the amounts
computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed
pursuant to Step 11 (the "Prepayment Amount").
Dublin Centre CFD No. 2024-1 17 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
Step 13.
From the Prepayment Amount, the amounts computed pursuant to Steps 3,
6, and 9 shall be deposited into the appropriate fund as established under
the Indenture and be used to retire Outstanding Bonds or make debt service
payments. The amount computed pursuant to Step 5 shall be deposited into
the Improvement Fund. The amount computed pursuant to Step 10 shall be
retained in the account or fund that is established to pay Administrative
Expenses.
Once a full prepayment of a Parcel's Facilities Special Tax obligation has been received, a Notice
of Cancellation of Facilities Special Tax Lien shall be recorded against the Parcel to reflect the
discharge of the Parcel's obligation to pay the Facilities Special Tax. However, a Notice of
Cancellation of Facilities Special Tax Lien shall not be recorded until all Facilities Special Taxes
levied on the Parcel in the current or prior Fiscal Years have been collected.
2. Partial Prepayment
A partial prepayment may be made in an amount equal to any percentage of full prepayment
desired by the party making a partial prepayment, except that the full amount of Administrative
Fees and Expenses determined in Step 10 shall be included in the partial prepayment. The
Maximum Facilities Special Tax that can be levied on a Parcel after a partial prepayment is made
shall be equal to the portion of the Maximum Facilities Special Tax that was not prepaid. Once a
partial prepayment has been received, an Amended Notice of Facilities Special Tax Lien shall be
recorded against the Parcel to reflect the reduced Facilities Special Tax lien for the Parcel, and the
Administrator shall update Attachment 2 to show the revised Expected Maximum Facilities
Special Tax Revenues. However, an Amended Notice of Facilities Special Tax Lien shall not be
recorded until all Facilities Special Taxes levied on the Parcel in the current or prior Fiscal Years
have been collected.
3. Maintaining Required Coverage
Notwithstanding the foregoing, if at any point in time the Administrator determines that the
Maximum Facilities Special Tax revenue that could be collected from Taxable Property that
remains subject to the Facilities Special Tax after the proposed prepayment would be less than the
Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds
from proceeds of the estimated prepayment, the amount of the prepayment shall be increased until
the amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service
to a point at which Required Coverage is maintained.
I. INTERPRETATION OF RMA
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.
Dublin Centre CFD No. 2024-1 18 June 21, 2024
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
ATTACHMENT 1
City of Dublin
Community Facilities District No. 2024-1
(Dublin Centre)
Identification of Tax Zones and Expected Lot Layout
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
HersAGR
/
OPEN
SPACE AREA
WA
SI
WA
SAAR
RRMA
OM
1I
►IOM
STREET C
STREET F
OPEN SPACE AREA BRANNJGAN STREET
STREET C
DIABLO VIEW STREET
STREET G
OPEN SPACE AREA
0 300 600 900
1 inch = 300 ft.
ALLEY
TASSAJARA ROAD
DIABLO VIEW STREET
PARK
STREET D
TAX ZONE EXHIBIT
PA-2, PA-3 & PA-4
PARK'
z
z
a
STREET G
RETAIL
EXEMPT AFFORDABLE
UNITS PARCEL
STREET J
AREA
STREET I
COMMUNITY
LEGEND:
TAX ZONE 1
TAX ZONE 2
TAX ZONE 3
TAX ZONE 4
TAX ZONE 5
TAX ZONE 6
7
DUBLIN BOULEVARD
PUBLIC
ART
T/.1 1
RUGGERI-JENSEN-AZAR
ENGINEERS • PLANNERS • SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE (925) 227-9100 FAX, (925) 227-9300
inn n- 'J vnu rv�
I II1QIn COn111nOJ 1 £,II Inlllllln/1 n ui in_l ni unniifliui
DATE: JUNE 21, 2024 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
JOB NO.: 171026 SHEET: 1 OF 1
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
Exhibit A - Resolution of Intention to Form a Community Facilities District
ATTACHMENT 2
City of Dublin
Community Facilities District No. 2024-1
(Dublin Centre)
Expected Land Uses and Expected Maximum Facilities Special Tax Revenues
Tax Zone and
Land Use Category
Expected
Land Uses
Base Facilities
Special Tax
(FY 2024-25) *
Expected
Maximum
Facilities Special
Tax Revenues
(FY 2024-25) *
Tax Zone 1
Single Family Property
106 Residential Units
$2,630 per Res.Unit
$278,780
Affordable Housing Units
6 Residential Units
$0 per Res.Unit
$0
Other Property
0 Acres
$78,600 per Acre
$0
Tax Zone 2
Single Family Property
215 Residential Units
$5,301 per Res.Unit
$1,139,715
Affordable Housing Units
0 Residential Units
$0 per Res.Unit
$0
Other Property
0 Acres
$153,300 per Acre
$0
Tax Zone 3
Single Family Property
40 Residential Units
$4,651 per Res.Unit
$186,040
Affordable Housing Units
0 Residential Units
$0 per Res.Unit
$0
Other Property
0 Acres
$83,200 per Acre
$0
Tax Zone 4
Single Family Property
15 Residential Units
$7,210 per Res.Unit
$108,150
Affordable Housing Units
0 Residential Units
$0 per Res.Unit
$0
Other Property
0 Acres
$100,900 per Acre
$0
Tax Zone 5
Single Family Property
105 Residential Units
$7,271 per Res.Unit
$763,455
Affordable Housing Units
0 Residential Units
$0 per Res.Unit
$0
Other Property
0 Acres
$124,400 per Acre
$0
Tax Zone 6
Single Family Property
13 Residential Units
$8,097 per Res.Unit
$105,261
Affordable Housing Units
0 Residential Units
$0 per Res.Unit
$0
Other Property
0 Acres
$113,300 per Acre
$0
Expected Maximum Facilities Special Tax Revenues (FY 2024-25 $)
$2,581,401
* On July 1, 2025, and each July 1 thereafter, all dollar amounts shown above shall be
increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
EXHIBIT B
LIST OF AUTHORIZED FACILITIES AND SERVICES
The CFD is authorized to finance, in whole or in part, the following facilities and
services:
Authorized Facilities, Including Fees Financing Facilities
In accordance with the Act, the CFD is authorized to finance the purchase,
construction, expansion, improvement, or rehabilitation of any real or other tangible
property with an estimated useful life of five years or longer, together with the planning
and design work that is directly related to the purchase, construction, expansion, or
rehabilitation of any real or tangible property (collectively, the "Facilities"). By way of
example and not limitation, the CFD may fund any of the following: roadways and
roadway improvements, traffic signals, regional hiking and biking trails, storm drains and
basins, water and wastewater facilities (including, without limitation, domestic and non -
domestic water facilities, wells, pre-treatment basins, infiltration basins, reservoirs,
pipelines, storm and sewer drains and related infrastructure and improvements), wet
and dry utilities, bridges and pedestrian bridges, tunnels, parks sites, park facilities and
equipment, open space, school sites, school facilities and equipment, facilities and
equipment relating to fire protection and suppression, facilities and equipment relating to
police protection services, animal control facilities, library facilities and equipment,
general government facilities, and related infrastructure improvements, both onsite and
offsite, and all appurtenances and appurtenant work in connection with the foregoing
(including utility line relocations and electric, gas and cable utilities). The Facilities may
be constructed and installed by the City of Dublin ("City"), County of Alameda
("County"), Zone 7 Water Agency, Dublin San Ramon Services District, Dublin Unified
School District or other local agency and/or acquired by the City, County, Zone 7 Water
Agency, Dublin San Ramon Services District, or other local agency from private parties
that construct the Facilities. Authorized Facilities also include the prepayment of
overlapping community facilities district and assessment district liens.
Authorized Facilities include facilities financed by development impact fees paid
and not otherwise reimbursed, whether levied by the City, County, Zone 7 Water
Agency, Dublin San Ramon Services District, Dublin Unified School District or other
local agency.
Authorized Services
The CFD is authorized to finance each and every service authorized to be
financed under the Act (collectively, the "Services.") By way of example and not
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
limitation, the CFD may fund any of the following: furnishing, operating, maintaining and
repairing equipment, apparatus or facilities related to providing the Services and/or
equipment, apparatus, facilities or fixtures in areas to be maintained or repaired, paying
the salaries and benefits of personnel necessary or convenient to provide the Services,
payment of insurance costs and other related expenses and the provision of reserves
for repairs and replacements and for the future provision of Services. "Maintenance"
shall include replacement, and the creation and funding of a reserve fund to pay for a
replacement. It is expected that the Services will be provided by the City, either with its
own employees or by contract with third parties, or any combination thereof.
Administrative and Incidental Expenses
In addition to the above facilities, other incidental expenses as authorized by the
Mello -Roos Community Facilities Act of 1982, include these: the cost of planning,
permitting, engineering, and designing the facilities (including the cost of environmental
evaluation, orthophotography, and environmental remediation/mitigation); land
acquisition and easement payments for authorized CFD facilities; project management;
construction staking; engineering studies and preparation of an engineer's report; utility
relocation and demolition costs incidental to construction of the facilities financed
through the CFD; determination of the amount of taxes and collection of taxes; payment
of taxes; costs otherwise incurred to carry out the authorized purposes of the CFD,
including the issuance of bonds; reimbursements to other areas for infrastructure
facilities or planning purposes serving development in the CFD; and any other expenses
incidental to the construction, completion, and inspection of the facilities.
In addition, the CFD shall fund the direct and indirect expenses incurred by the
City, County or any other local agency in carrying out its duties with respect to the CFD
including, but not limited to:
1. The levy and collection of the special taxes.
2. The fees and expenses of attorneys and consultants.
3. Any fees related to the collection of the special taxes.
4. An allocable share of the salaries and benefits of any City staff, or consultant
fees, directly related thereto and a proportionate amount of the City's general
administrative overhead related thereto.
5. Any amounts paid by the City with respect to the CFD.
6. Expenses incurred in undertaking action to foreclose on properties for which
the payment of special taxes is delinquent.
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
7. Administrative fees of the City and the bond trustee or fiscal agent related to
the CFD and the bonds issued by or for the CFD.
8. Costs related to the formation of the CFD.
9. Reimbursement of costs related to the formation of the CFD advanced by the
City, the landowner(s) in the CFD or any party related to any of the
foregoing, as well as reimbursement of any costs advanced by the City, the
landowner(s) in the CFD or any party related to any of the foregoing, for
facilities, fees or other purposes or costs of the CFD.
10. Costs related to the issuance of bonds by or for the CFD, including
underwriters discount, reserve fund, capitalized interest, letter of credit fees
and expenses, fees and expenses of bond counsel, disclosure counsel,
special tax consultant, municipal advisor and appraiser, bond remarketing
costs, and all other incidental expenses.
11. All other costs and expenses of the City in any way related to the CFD.
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
EXHIBIT C
FORM OF NOTICE OF PUBLIC HEARING ON PROPOSED
CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2024-1
(DUBLIN CENTRE)
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
The City of Dublin is considering the formation of a community facilities district
(the "CFD") under the authority of the Mello -Roos Community Facilities District Act of
1982, as amended, to fund certain public facilities related to new development within the
City of Dublin, and to incur bonded indebtedness of the CFD.
This Notice contains a brief summary of the proposal, but you are referred to the
City Council's Resolution of Intention to Form a Community Facilities District and Levy
Special Taxes (No. 24- , adopted October 15, 2024) and its Resolution of Intention
to Incur Bonded Indebtedness (No. 24- , adopted October 15, 2024) for details of
the proposals.
The proposal is to subject the property within the CFD to special taxes which will
be used to pay for authorized services and facilities within the CFD, including paying
principal and interest on bonds used to build facilities. The proceeds of the bonds will be
used to pay for the facilities and services and other expenses set forth in the resolutions
referred to in the preceding paragraph. A map showing the land proposed to be
included in the CFD is on file with the City Clerk.
As set forth below, the City Council will hold a public hearing on the
establishment of the CFD, the facilities and services to be financed by the CFD, and the
levy of the special taxes within the CFD.
The proposal also includes authority to issue up to $55,000,000 in bonds to be
repaid by the special tax levied for facilities and bonds. Neither the City of Dublin nor
any person outside the CFD has any liability for the special taxes or the bonds. The
security for the bonds is limited to the property subject to the special taxes within the
CFD.
In order to confer the authority upon the City Council of the City of Dublin to levy
the special taxes and to issue the bonds, a public hearing must be held on the proposal,
then the City Council will decide whether to form the CFD, and finally the qualified
electors within the CFD must approve the proposal by a two-thirds vote. Where the
CFD is uninhabited (as is the case here) the qualified electors are, pursuant to law, the
owners of property within the CFD.
Docusign Envelope ID: F39A608D-ABEC-44F2-A81A-92873E95C8FA
This is the notice of the public hearing. The public hearing will be held during
the City Council meeting on November 19, 2024 at 7:00 p.m. at the City of Dublin Civic
Center Council Chambers located at 100 Civic Plaza, Dublin, California 94568.
At the hearing, the testimony of all interested persons or potential special
taxpayers for or against the formation of the CFD, the authorization to levy the special
taxes to pay for the proposed services and facilities, and the authorization to issue the
bonds will be heard.
If written protests against the proposed CFD are delivered to the City Clerk at or
before the time set for the hearing by either registered voters residing within, or the
owners of property within, the proposed CFD, they will be counted toward a possible
majority protest. Such protests by a majority of the registered voters residing within the
CFD or by the owners of a majority of the land area within CFD which is or will be
subject to the special taxes, if not withdrawn prior to the close of the hearing so as to
reduce the value of the protests to less than a majority, will require the proposed CFD to
be eliminated from immediate consideration, and prevent its being included in a
subsequent proceedings for at least one year.
If the City Council, after the public hearing, determines that a majority protest
under Section 53324 of the California Government Code was not made at the hearing,
the City Council may conduct an election by mailed ballot to levy the special taxes
within the CFD.
Questions should be directed to the undersigned, telephone (925) 833-6650.
Dated: , 2024
Marsha Moore, MMC
City Clerk, City of Dublin