Resolution 14163CITY OF ALAMEDA RESOLUTION NO. 14163
APPROVING AMENDED BOUNDARY MAP FOR
COMMUNITY FACILITIES DISTRICT NO 03-1
(BAYPORT MUNICIPAL SERVICES DISTRICT)
WHEREAS, in connection with proceedings taken on September
16, 2003, pursuant to the City of Alameda Special Tax Financing Improvement
Code, commencing with Subsection 3 -70.1' of the Alameda Municipal Code, for
the establishment of Community Facilities District No. 03-1 (Bayport Municipal
Services District) (CFD No 03 -1 "), this City Council (this "Council ") approved a
map of the boundaries of CFD No 03 -1 (the "Original Boundary Map"), and the
Original Boundary Map was thereafter recorded on October 6, 2003, in Map
Book 15, at pages 82 -86, official records of the Alameda County Recorder; and
WHEREAS, the purpose of establishing CFD No 03 -1 was to
provide for the levy and collection of a special tax on certain property within
CFD No. 03 -1 expected to be developed for residential land uses (the
"Residential Land ") to fund certain authorized municipal services; and
WHEREAS, due to the requirement that the entirety of any given
assessor's parcel number must be included within CFD No. 03 -1 if any portion
thereof was to be included, the 'result was that certain property was included
within the boundary even though such property was then zoned MX -Mixed Use
and designated for office /research and development use in the applicable
Master Plan (the "Commercial Land ") and was not therefore intended to be
taxed; and
WHEREAS, had it been permissible to do so at the time of
establishment of CFD No 03-1, the City would have excluded the Commercial
Land from CFD No. 03-1; and
WHEREAS, since that time, and in connection with a planned
development project commonly known as the "Alameda Landing Project," the
Commercial Land has been split off from the Residential Land and has been
designated in the applicable Master Plan to authorize residential land uses
thereon, and it is proposed that the Commercial Land be included in a second
community facilities district (the "Alameda Landing CFD ") to be established to
provide special tax revenues to finance authorized municipal services to the
property within the Alameda Landing Project; and
WHEREAS, consistent with the intentions of the City at the time of
establishment of CFD No. 03 -1, this Council wishes to exclude the Commercial
Land from CFD No. 03 -1 to enable the City to include it within the Alameda
Landing CFD without subjecting it to the unintended and unfair result of taxation
in both community facilities districts; and
WHEREAS, excluding the Commercial Land from CFD No. 03 -1
is consistent with the initial intentions of the City, will not prejudice the owners of
the Residential Land in that their property will remain subject to taxation at the
same level as at present and will continue to be provided the same municipal
services as have been provided up to the present time, and will facilitate the
orderly delivery of municipal services to the Alameda Landing Project by
inclusion of the Commercial Land in the Alameda Landing CFD; and
WHEREAS, an amended boundary map for CFD No 3 (the
"Amended Boundary Map ") which excludes the Commercial Land therefrom has
been filed with the City Clerk and submitted to this meeting, and this Council
wishes to approve the Amended Boundary Map and to direct that it be filed for
record in the official records of the Alameda County Recorder;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Alameda that:
1. The foregoing recitals are true and correct, , and this Council
hereby so finds and determines.
2. This Council hereby approves the Amended Boundary Map, and
the City Clerk is authorized and directed to cause the Amended Boundary Map
to be filed for record in the official records of the Alameda County Recorder.
3. The officers and employees of the City are authorized to execute
such further instruments and to take such further actions as may be necessary
or appropriate to implement the exclusion of the Commercial Land from CFD
No. 03 -1 and to discharge the lien of the special tax of CFD No. 03 -1 therefrom.
This resolution shall become effective immediately upon adoption.
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 2nd day of January, 2008, 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 3rd day of January, 2008.
Lara Weisiger, City Clerk
City of Alameda i`