RESOLUTION NO. 2026-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
DECLARING ITS INTENTION TO FORM THE CITY OF UNION CITY
COMMUNITY FACILITIES DISTRICT NO. 2026-1 (STATION EAST
FACILITIES AND SERVICES), DESIGNATE AN INITIAL IMPROVEMENT
AREA THEREIN AND ESTABLISH A FUTURE ANNEXATION AREA,
AND TO LEVY SPECIAL TAXES THEREIN TO FINANCE CERTAIN
PUBLIC SERVICES AND THE ACQUISITION AND CONSTRUCTION OF
CERTAIN PUBLIC FACILITIES
WHEREAS, the City Council (the “City Council”) of the City of Union City (the “City”), having received a request from the owner of land proposed to be included in a community facilities district, has duly considered the advisability and necessity of establishing a community facilities district in an area of the City described herein and levying special taxes therein to finance certain public services and the acquisition and construction of certain public facilities in and for such community facilities district under and pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, the City Council desires to proceed with the establishment of a community facilities district to finance costs of public services and public infrastructure necessary or incidental to new development in the City; and WHEREAS, the Act provides that the legislative body of the City may provide that a portion or portions of the district be designated as one or more improvement areas and that after the designation of an improvement area, all proceedings for purposes of the Act, including proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special taxes, and the authorization to incur bonded indebtedness for the parcel or parcels in such improvement area shall apply only to the improvement area; and
WHEREAS, pursuant to Section 53339.3 of the Act, the City Council further desires to provide for future annexation of territory to the proposed community facilities district; and
WHEREAS, the City Council has determined that the establishment of such community facilities district is consistent with the local goals and policies concerning the use of the Act that have been adopted by the City Council and are now in effect; and WHEREAS, the City Council is fully advised in this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:
1. the City Council intends to establish a community facilities district within the City and to provide that certain territory within the City may be annexed thereto in the future upon the unanimous approval of the owner of each parcel or parcels to be annexed, and to establish improvement areas within the community facilities district, all under the Resolution No. 2026-XXX
Station East Resolution of Intention to Form CFD
terms of the Act for the purpose of financing costs of public services and public infrastructure necessary or incidental to new development in the City.
2. The name for the proposed community facilities district is the “City of Union City Community Facilities District No. 2026-1 (Station East Facilities and Services)” (the “CFD”). Pursuant to Section 53350 of the Act, all of the territory to be initially included in the CFD (as shown on the map described in Section 3 hereof) is hereby designated as “Improvement Area No. 1 of City of Union City Community Facilities District No. 2026-1 (Station East Facilities and Services)” (“Improvement Area No. 1”).
The name proposed for the territory proposed to be annexed into the CFD in the future is “City of Union City Community Facilities District No. 2026-1 (Station East Facilities and Services) (Future Annexation Area) (the “Future Annexation Area”).
3. The proposed boundaries of the CFD, Improvement Area No. 1 and the Future Annexation Area are as shown on the map entitled, “Proposed Boundaries of City of Union City Community Facilities District No. 2026-1 (Station East Facilities and Services) Improvement Area No. 1 and Future Annexation Area,” 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, Improvement Area No. 1 and the Future Annexation Area.
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 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 (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, a facilities special tax (the “Facilities Special Tax”) 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.
Except to the extent that funds are otherwise available to the CFD to pay for the Services (as defined below), a services special tax (the “Services Special Tax” and together with the Facilities Special Tax, the “Special Tax”) 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 Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within Resolution No. 2026-XXX
Station East Resolution of Intention to Form CFD
the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit A attached hereto and hereby incorporated herein.
Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
All or any portions of territory that are annexed into the CFD from the Future Annexation Area or otherwise may be annexed into a separate improvement area (each, a “Future Improvement Area”) then in existence or to be formed at the time of such annexation, and no additional hearings or procedures are required by the City Council.
The designation of a parcel or parcels as a Future Improvement Area shall be specified and approved by the Unanimous Approval executed and delivered to the City by the owner of each parcel or parcels to be annexed, at the time that the parcel or parcels are annexed to the CFD. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of an appropriations limit, the rate and method of apportionment, and the manner of collection of special taxes, and the authorization to incur bonded indebtedness for such improvement area may differ from other areas of the CFD, all as set forth in the Unanimous Approval. They shall apply only to the parcel or parcels within such improvement area.
The City Council hereby finds that the provisions of Section 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, Improvement Area No. 1, and any Future Improvement Area.
5. The type of public facilities proposed to be financed by the CFD and each improvement area therein pursuant to the Act shall consist of those items listed as facilities, and incidental costs related thereto, on Exhibit B (the “Facilities”), and the type of public services proposed to be financed by the CFD and each improvement area therein pursuant to the Act shall consist of those items listed as services, and incidental costs related thereto, on Exhibit B (the “Services”). 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 Facilities Special Tax, 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 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 Council hereby determines that the Services are necessary to meet increased demands for such services placed upon the City as a 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. They will not supplant services already available within the CFD's territory as of the date hereof.
Resolution No. 2026-XXX
Station East Resolution of Intention to Form CFD
6. It is the intention of the City Council that, except as may otherwise be provided by law or by the rate and method of apportionment of the Special Tax for the CFD, 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 Tax. If a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, the City will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt 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 of apportionment of the Special Tax. It is anticipated that the Facilities Special Tax and Services Special Tax will be billed as separate line items on the regular property tax bill. However, the City Council reserves the right, under Section 53340, to utilize any method of collecting the Facilities Special Tax and Services Special Tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.
The proposed rate and method of apportionment of the Special Tax among the parcels of real property within a Future Improvement Area, in sufficient detail to allow each landowner within such Future Improvement Area to estimate the maximum amount such owner will have to pay, shall be set forth in the applicable Unanimous Approval. The Special Taxes shall not be levied in a Future Improvement Area after the fiscal year identified in the rate and method for such Future Improvement Area, except that a special tax that was lawfully levied in or before the final tax year and that remains delinquent may be collected in subsequent years. Under no circumstances shall the special tax levied against any parcel in a Future Improvement Area for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within such Future Improvement Area by more than 10 percent.
For Future Improvement Areas, a different Rate and Method may be adopted than those adopted for Improvement Area No. 1 if the annexed territory is designated as a separate zone or improvement area. No supplements to the Rate and Method for any of the Future Improvement Areas, and no new rate and method will cause the maximum tax rate in the then-existing territory of the CFD (including Improvement Area No. 1) to increase. The designation as an improvement area of any territory annexing to the CFD, the maximum amount of bonded indebtedness and other debt for such improvement area, the facilities to be financed, the rate and method of apportionment of special tax for such improvement area and the appropriations limit for such improvement area shall be identified and approved in the Unanimous Approval executed by the applicable property owner(s) in connection with each annexation to the CFD from the Future Annexation Area. The annexation and related matters described in the Unanimous Approval shall be implemented and completed without the need for City Council approval as long as the following conditions are met:
(i) The rate and method of apportionment of special tax for the Future Improvement Area is prepared by a special tax consultant retained by the City. (ii) The rate and method of apportionment of special tax for the Future Improvement Area substantially comply with the City’s local goals and policies concerning the use of the Act.
Resolution No. 2026-XXX
Station East Resolution of Intention to Form CFD
(iii) The rate and method of apportionment of special tax for the Future Improvement Area includes a mechanism that protects against revenue loss as a result of land use changes.
The special taxes levied within the annexation territory in the future to pay for Services to be supplied therein shall be equal to any special tax levied to pay for the same Services in the existing CFD, except that a higher or lower tax may be levied within the annexation territory to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the existing CFD.
Similarly, the special taxes levied within the annexation territory in the future to pay for 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 annexation territory in the future to compensate for the interest and principal previously paid by the existing CFD, less any depreciation allocable to the public facility. This paragraph shall not be construed to limit the levy of a special tax within the territory to be annexed in the future to provide new or additional Services beyond those supplied within the existing territory of the CFD, or to pay for new or additional public facilities, with or without bond financing.
7. The levy of the Special Taxes in Improvement Area No. 1 shall be subject to the approval of the qualified electors within Improvement Area No. 1 at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in Improvement Area No. 1, with each owner having one vote for each acre, or portion of an acre, that such owner owns in Improvement Area No. 1 that is not exempt from the Special Taxes in Improvement Area No. 1.
The Special Tax shall be levied in a Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings. The designation as an improvement area of any territory annexing to the CFD, the maximum amount of bonded indebtedness and other debt for such improvement area, the facilities to be financed, the rate and method of apportionment of special tax for such improvement area and the appropriations limit for such improvement area shall be identified and approved in the Unanimous Approval executed by property owners in connection with their annexation to the CFD, without the need for any further public hearings or proceedings.
8. To finance the costs of the Facilities, it is necessary to incur bonded indebtedness on behalf of the CFD. It is the intention of this 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 in an amount not to exceed $38,000,000 (the “Authorization”), initially allocated as follows: (i) for Improvement Area No. 1, the bonded indebtedness limit is $20,000,000 and (ii) for the portion of the CFD that is not in Improvement Area No. 1, the bonded indebtedness limit is not to exceed $18,000,000. Indebtedness subject to the Authorization shall only include indebtedness evidenced by bonds or notes and shall not include bonds described in Section 53364.2(e) of the Act.
Resolution No. 2026-XXX
Station East Resolution of Intention to Form CFD
9. The City Manager of the City, as the officer having charge and control of the Facilities, 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 meet the needs of the CFD adequately.
(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.
The CFD Report shall be made a part of the record of the public hearing specified below.
10. The City Council also intends to establish the annual appropriations limit of the CFD in the amount not to exceed the amount of bonds authorized for the CFD.
11. The City Council hereby sets Tuesday, July 14, 2026, at the hour of 7:00 P.M., at the regular meeting place of the City Council, City Council Chambers, Union City City Hall, 34009 Alvarado-Niles Road, Union City, California 94587, 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, the designation of Improvement Area No. 1, and the establishment of the Future Annexation Area, and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD, the designation of Improvement Area No. 1, the establishment of the Future Annexation Area, 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 public facilities and public 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 subject to special taxation under 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 tax, and if such protests constitute a majority protest, only those elements shall be deleted from the proceedings.
12. The City Clerk is hereby directed to cause notice of the public hearing, in the form attached hereto as Exhibit C, to be given in the form required by the Act, which requires publication in a newspaper of general circulation circulated within the CFD. Such publication shall be made pursuant to Section 6061 of the Government Code of the State of California. 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.
Resolution No. 2026-XXX
Station East Resolution of Intention to Form CFD
13. 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 inkind for any authorized purpose and the City Council may enter into one or more agreements (each, 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.
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, the Director of Finance of the City, and each other authorized officer of the City are hereby authorized and directed to enter into such joint community facilities agreements as are needed with respect to any entity other than the City that will own or operate any of the Facilities, 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.
14. The City Council finds and determines that adoption of this Resolution is not a “project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4).
15. This Resolution shall take effect immediately upon its adoption.
Resolution No. 2026-XXX
Station East Resolution of Intention to Form CFD
Resolution No. 2026-XXX
Station East Resolution of Intention to Form CFD
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on May 26, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
ATTACHMENTS:
1. Exhibit A – Rate and Method of Special Tax
2. Exhibit B – Authorized Facilities and Services
3. Exhibit C – Form of Notice of Public Hearing