Resolution 14059CITY OF ALAMEDA RESOLUTION NO
14059
AUTHORIZING THE CITY TO JOIN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM AND AUTHORIZING THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT
APPLICATIONS FROM PROPERTY OWNERS, CONDUCT SPECIAL
ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS WITHIN THE
TERRITORY OF THE CITY OF ALAMEDA AND AUTHORIZING RELATED
ACTIONS
WHEREAS, the California Statewide Communities Development Authority
(the "Authority ") is a joint exercise of powers authority the members of which include
numerous cities and counties in the State of California, including the City of
Alameda (the "City "); and
WHEREAS, the Authority has established the Statewide Community
Infrastructure Program ( "SCIP ") to allow the financing of certain development impact
fees (the "Fees ") levied in accordance with the Mitigation Fee Act (California
Government Code Sections 66000 and following) and other authority providing for
the levy of fees on new development to pay for public capital improvements
(collectively, the "Fee Act ") through the levy of special assessments pursuant to the
Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000
and following) (the "1913 Act ") and the issuance of improvement bonds (the "Local
Obligations ") under the Improvement Bond Act of 1915 (Streets and Highways
Code Sections 8500 and following) (the "1915 Act ") upon the security of the unpaid
special assessments; and
WHEREAS, SCIP will also allow the financing of certain public capital
improvements to be constructed by or on behalf of property owners for acquisition
by the City or another public agency (the "Improvements"); and
WHEREAS, the City desires to allow the owners of property being developed
within its jurisdiction to participate in SCIP and to allow the Authority to conduct
assessment proceedings under the 1913 Act and issue Local Obligations under the
1915 Act to finance Fees levied on such properties, and Improvements, provided
that such property owners voluntarily agree to participate and consent to the levy of
such assessments; and
WHEREAS, in each year in which eligible property owners within the
jurisdiction of the City elect to participate in SCIP, the Authority will conduct
assessment proceedings under the 1913 Act and issue Local Obligations under the
1915 Act to finance Fees payable by such property owners and Improvements and,
at the conclusion of such proceedings, will levy special assessments on such
property within the territory of the City;
WHEREAS, there has been presented to this meeting a proposed form of
Resolution of Intention to be adopted by the Authority in connection with such
assessment proceedings, a copy of which is attached hereto as Exhibit A (the
"ROI") and the territory within which assessments may be levied for SCIP (provided
that the owner of any property subject to assessment consents to such assessment)
shall be coterminous with the City's official boundaries of record at the time of
adoption of each such ROI (the "Proposed Boundaries"), and reference is hereby
made to such boundaries for the plat or map required to be included in this
Resolution pursuant to Section 10104 of the Streets and Highways Code; and
WHEREAS, the City will not be responsible for the conduct of any
assessment proceedings; the levy or collection of assessments or any required
remedial action in the case of delinquencies in such assessment payments; or the
issuance, sale or administration of the Local Obligations or any other bonds issued
in connection with SCIP; and
WHEREAS, pursuant to Government Code Section 6586.5, notice was
published at least five days prior to the adoption of this resolution at a public
hearing, which was duly conducted by this Council concerning the significant public
benefits of SCIP and the financing of the Improvements and the public capital
improvements to be paid for with the proceeds of the Fees;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda as follows:
Section 1 The City hereby consents to the conduct of special assessment
proceedings by the Authority in connection with SCIP pursuant to the 1913 Act and
the issuance of Local Obligations under the 1915 Act on any property within the
Proposed Boundaries; provided, that
(1) Such proceedings are conducted pursuant to one or more Resolutions of
Intention in substantially the form of the ROI; and
(2) The legal owner(s) of such property execute a written consent to the levy
of assessment in connection with SCIP by the Authority and execute an
assessment ballot in favor of such assessment in compliance with the requirements
of Section 4 of Article XIIID of the State Constitution.
Section 2. The City hereby finds and declares that the issuance of bonds by
the Authority in connection with SCIP will provide significant public benefits,
including without limitation, savings in effective interest rate, bond preparation, bond
underwriting and bond issuance costs and the more efficient delivery of local
agency services to residential and commercial development within the City.
Section 3. The Authority has prepared and will update from time to time the
"SCIP Manual of Procedures" (the "Manual"), and the City will handle Fee revenues
and funds for Improvements for properties participating in SCIP in accordance with
the procedures set forth in the Manual.
Section 4. The appropriate officials and staff of the City are hereby
authorized and directed to make SCIP applications available to all property owners
who are subject to Fees for new development within the City and/or who are
conditioned to install Improvements and to inform such owners of their option to
participate in SCIP; provided, that the Authority shall be responsible for providing
such applications and related materials at its own expense. The staff persons listed
on the attached Exhibit B, and any other staff persons chosen by the City Manager
from time to time, are hereby designated as the contact persons for the Authority in
connection with the SCIP program.
Section 5. The appropriate officials and staff of the City are hereby
authorized and directed to execute and deliver such closing certificates,
requisitions, agreements and related documents, including but not limited to such
documents as may required by Bond Counsel in connection with the participation in
SCIP of any districts, authorities or other third-party entities entitled to own
Improvements and/or to levy and collect fees on new development to pay for public
capital improvements within the jurisdiction of the City, as are reasonably required
by the Authority in accordance with the Manual to implement SCIP for property
owners who elect to participate in SCIP and to evidence compliance with the
requirements of federal and state law in connection with the issuance by the
Authority of the Local Obligation and any other bonds for SCIP. To that end, and
pursuant to Treasury Regulations Section 1.150-2, the staff persons listed on
Exhibit B, or other staff person acting in the same capacity for the City with respect
to SCIP, are hereby authorized and designated to declare the official intent of the
City with respect to the public capital improvements to be paid or reimbursed
through participation in SCIP.
Section 6. This Resolution shall take effect immediately upon its adoption.
The City Clerk is hereby authorized and directed to transmit a certified copy of this
resolution to the Secretary of the Authority.
EXHIBIT A
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE THE
PAYMENT OF DEVELOPMENT IMPACT FEES FOR PUBLIC
IMPROVEMENTS IN THE PROPOSED ASSESSMENT DISTRICT
NO (CITY OF ALAMEDA, CALIFORNIA), APPROVING A
PROPOSED BOUNDARY MAP, MAKING CERTAIN
DECLARATIONS, FINDINGS AND DETERMINATIONS
CONCERNING RELATED MATTERS, AND AUTHORIZING
RELATED ACTIONS IN CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913
(the "1913 Act "), being Division 12 (commencing with Sections 10000 and following)
of the California Streets and Highways Code, the Commission (the "Commission ")
of the California Statewide Communities Development Authority (the "Authority ")
intends to finance, through its Statewide Community Infrastructure Program, the
payment of certain development impact fees for public improvements as described
in Exhibit A attached hereto and by this reference incorporated herein (the
"Improvement Fees ") and to finance certain public capital improvements to be
constructed by or on behalf of the property owner(s) and to be acquired by the City
or another local agency (the "Improvements "), all of which are of benefit to the
proposed Assessment District No (City of Alameda, California) (the
"Assessment District "); and
WHEREAS, the Commission finds that the land specially benefited by the
Improvement Fees is shown within the boundaries of the map entitled "Proposed
Boundaries of Assessment District No. (City of Alameda, California)," a
copy of which map is on file with the Secretary and presented to this Commission
meeting, and determines that the land within the exterior boundaries shown on the
map shall be designated "Assessment District No (City of Alameda,
California) ";
NOW, THEREFORE, BE IT RESOLVED that the Commission of the
California Statewide Communities Development Authority hereby finds, determines
and resolves as follows:
1. The above recitals are true and correct, and the Commission so finds
and determines.
2. Pursuant to Section 2961 of the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 (the "1931 Act"), being Division 4
(commencing with Section 2800) of the California Streets and Highways Code, the
Commission hereby declares its intent to comply with the requirements of the 1931
Act by complying with Part 7.5 thereof.
3. The Commission has or will designate a registered, professional
engineer as Engineer of Work for this project, and hereby directs said firm to
prepare the report containing the matters required by Sections 2961(b) and 10204
of the Streets and Highways Code, as supplemented by Section 4 of Article XIIID of
the California Constitution.
4. The proposed boundary map of the Assessment District is hereby
approved and adopted. Pursuant to Section 3111 of the California Streets and
Highways Code, the Secretary of the Authority is directed to file a copy of the map
in the office of the County Recorder of the County of within fifteen (15)
days of the adoption of this resolution.
5. The Commission determines that the cost of the Improvement Fees
and Improvements shall be specially assessed against the lots, pieces or parcels of
land within the Assessment District benefiting from the payment of the Improvement
Fees. The Commission intends to levy a special assessment upon such lots,
pieces or parcels in accordance with the special benefit to be received by each such
lot, piece or parcel of land, respectively, from the payment of the Improvement
Fees.
6. The Commission intends, pursuant to subparagraph (f) of Section
10204 of the California Streets and Highways Code, to provide for an annual
assessment upon each of the parcels of land in the proposed assessment district to
pay various costs and expenses incurred from time to time by the Authority and not
otherwise reimbursed to the Authority which result from the administration and
collection of assessment installments or, from the administration or registration of
the improvement bonds and the various funds and accounts pertaining thereto.
7. Bonds representing unpaid assessments, and bearing interest at a
rate not to exceed twelve percent (12 %) per annum, will be issued in the manner
provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways
Code), and the last installment of the bonds shall mature not to exceed thirty (30)
years from the second day of September next succeeding twelve (12) months from
their date.
8. The procedure for the collection of assessments and advance
retirement of bonds under the Improvement Bond Act of 1915 shall be as provided
in Part 11.1, Division 10, of the Streets and Highways Code of the State of
California.
9. Neither the Authority nor any member agency thereof will obligate
itself to advance available funds from its or their own funds or otherwise to cure any
deficiency which may occur in the bond redemption fund. A determination not to
obligate itself shall not prevent the Authority or any such member agency from, in its
sole discretion, so advancing funds.
10. The amount of any surplus remaining in the improvement fund after
completion of the improvements and payment of all claims shall be distributed in
accordance with the provisions of Section 10427.1 of the Streets and Highways
Code.
11. To the extent any Improvement Fees are paid to the Authority in cash
with respect to property within the proposed Assessment District prior to the date of
issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds
of the bonds to the property owner or developer that made the payment.
[End of Form of Resolution of
ntention]
EXHIBIT B
CITY OF ALAMEDA CONTACTS FOR SCIP PROGRAM
Primary Contact
Name: Eric Fonstein
Title: Development Coordinator
Mailing Address:950 West Mall Square, 2nd Floor, Alameda CA 94501
Delivery Address (if different):
E-mail: efonstei@ci.alameda.ca.us
Telephone: (510) 749-5823
Fax: (510) 749-5808
Secondary Contact
Name: Jennifer Ott
Title: Redevelopment Manager
Mailing Address:950 West Mall Square, 2nd Floor, Alameda CA 94501
Delivery Address (if different):
E-mail: JOtt@ci.alameda.ca.us
Telephone: (510) 749-5831
Fax: (510) 749-5808
[Add additional contacts as needed]
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of January 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 17th day of January, 2007.
Sara Weisiger, City
City of Alameda