Resolution 11681RESOLUTION NO. 1 1 6 8 1
A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT,
PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE
ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED
ELECTORS OF THE DISTRICT
CITY OF ALAMEDA
Community Facilities District No. 1
(Harbor Bay)
RESOLVED by the City Council (the "Council ") of the City of Alameda (the "City "),
County of Alameda, State of California, that:
WHEREAS, on February 7, 1989, the Council adopted Resolution No. 11650,
entitled "A Resolution of Intention to Establish a Community Facilities District and to
Authorize the Levy of a Special Tax Pursuant to the Mello —Roos Community Facilities
Act of 1982" (the "Resolution of Intention ") stating its intention to form Community
Facilities District No. 1 (Harbor Bay) (the "CFD "), of the Council pursuant to the Mello —
Roos Community Facilities Act of 1982, as amended (the "Act "); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed
boundaries of the CFD and stating the facilities to be provided, the cost of providing
such facilities, and the rate and method of apportionment of the special taxes to be
levied within the CFD to pay the principal and interest on bonds proposed to be issued
with respect to the CFD, is on file with the City Clerk and the provisions thereof are
incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, the Council held a noticed public hearing as required by
the Act and the Resolution of Intention relative to the proposed formation of the CFD;
and
WHEREAS, at said hearing all interested persons desiring to be heard on all
matters pertaining to the formation of the CFD the facilities to be provided therein and
the levy of said special taxes were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to the Council on said
matters before it, including a report duly made pursuant to the Resolution of Intention
(the "Report ") as to the facilities to be provided within the CFD and the costs thereof, a
copy of which is on file with the City Clerk, and the Council at the conclusion of said
hearing is fully advised in the premises set forth therein; and
WHEREAS, written protests with respect to the formation of the CFD and /or the
furnishing of specified types of facilities as listed in the Report have not been filed with
the City Clerk by fifty percent (50 %) or more of the registered voters residing within the
territory of the CFD or property owners of one —half (1/2) or more of the area of land
within the CFD; and
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct. All of the information contained in
the Resolution of Intention is hereby incorporated herein by this reference as if such
information were set forth herein, including, but not limited to, matters set forth in
Section 9 of said Resolution of Intention.
2. All prior proceedings taken by the Council in connection with the establishment
of the CFD and the levy of the special tax have been duly considered and are hereby
found and determined to be valid and in conformity with the Act.
3. The proposed special tax to be levied in the CFD to pay for the proposed
facilities to be provided therein, as set forth in Exhibit B hereto, has not been eliminated
by protest by fifty percent (50 %) or more of the registered voters residing within the
territory of the CFD or the owners of one —half (1/2) or more of the area of land within the
CFD.
4. The community facilities district designated "Community Facilities District No. 1
(Harbor Bay)" of the City is hereby established and formed pursuant to the Act.
5. The map of the boundaries of the CFD, as described in the Resolution of
Intention and set forth in the map of the CFD on file in the Office of the Recorder of the
County of Alameda, is hereby finally approved, is incorporated herein by reference, and
shall be the boundaries of the CFD. The map was recorded in Maps of Assessment and
Community Facilities Districts in the office of such Recorder on 1989, in Book 4 at Page
8.
6. The type of public facilities proposed to be financed by the CFD and pursuant
to the Act shall consist of those shown on Exhibit A hereto and by this reference
incorporated herein (the "Facilities ").
7. Except to the extent that funds are otherwise available to the CFD to pay for
the Facilities and /or the principal and interest as it becomes due on bonds of the CFD
issued to acquire and /or construct the Facilities, a special tax sufficient to pay the costs
thereof, secured by a continuing lien against all non— exempt real property in the CFD, is
intended to be levied annually within the CFD, and collected in the same manner as
ordinary ad valorem property taxes. 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 the proposed CFD to estimate the probable maximum
amount such owner will have to pay, are described in Exhibit B attached hereto and by
this reference incorporated herein.
8. It is hereby found and determined that the Facilities are necessary to meet
increased demands placed upon the City as the result of development occurring in the
CFD.
9. The Office of the Director of Finance of the City of Alameda, 2263 Santa Clara
Avenue, Alameda, California, 94501, telephone number (415)748 -4560 will be responsible
for preparing annually a current roll of special tax levy obligations by assessor's parcel
number and will be responsible for estimating future special tax levies pursuant to
Section 53340.1 of the Act.
10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of
the Streets and Highways Code, a continuing lien to secure each levy of the special tax
shall attach to all non - exempt real property in the CFD and this lien shall continue in
force and effect until the special tax obligation is prepaid and permanently satisfied and
the lien cancelled in accordance with law or until collection of the tax by the Council
ceases.
11. In accordance with Section 53325.7 of the Act, the appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of
the CFD is hereby preliminary established at $17,000,000 and the appropriations limit
shall be submitted to the voters of the CFD as hereafter provided. The proposition
establishing the appropriations limit shall become effective if approved by the qualified
electors voting thereon and shall be adjusted in accordance with the applicable
provisions of Section 53325.7 of the Act.
12. Pursuant to the provisions of the Act, the proposition of the levy of the
special tax and the proposition of the establishment of the appropriations limit specified
above shall be submitted to the qualified electors of the CFD at an election the time,
place and conditions of which election shall be as specified by a separate resolution of
the Council.
CITY OF ALAMEDA
Community Facilities District No. 1
(Harbor Bay)
PUBLIC FACILITIES TO BE PROVIDED BY
COMMUNITY FACILITIES DISTRICT NO. 1 (HARBOR BAY)
Community Facilities District No. 1 (Harbor Bay) (the "CFD") is to provide financing
for public facilities (the "Facilities"). The Facilities shall include costs involved in design,
inspection, acquisition and construction of the public improvements listed below together
with the costs of acquiring all required lands, easements, rights—of—way, licenses,
franchises, permits, and the payment of all fees (including school fees), rights of service
and use, all as related to the public improvements and the costs of formation of the CFD
and the issuance of special tax bonds and the administration of such bonds and the levy
and collection of special taxes and the management and administration of contracts for
the construction and acquisition of the public improvements.
1. Street improvements, including as required for the particular streets described
below, all clearing, grubbing, grading, trenching, backfill, base, asphalt concrete, curbs,
gutters, sidewalks, landscaping (including related irrigation systems and controls),
domestic water facilities (including mains, laterals. fire hydrants, valves, meters and
appurtenances), sanitary sewer facilities (including mains, laterals, pump stations,
manholes and appurtenances), street lighting facilities (including substructures, wiring,
controls and electroliers), storm drainage facilities (including mains, laterals, inlets,
manholes and discharge facilities), underground utility facilities for electricity, gas,
telephone and CATV (including substructures, vaults, mains, laterals, wires, controls,
valves and appurtenances) and street signs, traffic signs, traffic signals, striping and
monuments for the following:
(a) Mecartney Road from Auginbaugh Way (including conforming
intersection improvements) west approximately 1,500 feet with required
landscaped median and taper from four to two traffic lanes, including bike lanes;
(b) Auginbaugh Way from Mecartney Road southerly to Bay Edge Road
approximately 900 feet with completion improvements (landscaping, sidewalks,
street lights and signs) upon the first 400 feet and complete improvements upon
the final 500 feet;
(c) Bay Edge Road from Auginbaugh Way (including intersection
improvements) westerly approximately 580 feet;
(d) Catalina Avenue from Fontana Drive to Fir Place southeasterly
approximately 1,300 feet (complete improvements to the south side of Catalina
Avenue only); and
(e) Interior Streets for Neighborhoods A and B as shown on the Tentative
Vesting Map of Village V, Tract 5905, on file with the Director of Public Works of
the City of Alameda.
2. Storm drainage improvements other than in the above streets, including pipes,
inlets, control structures and lagoons with erosion control walls and related stabilization
EXHIBIT A
A-1
improvements:
3. Public buildings, including fire protection facilities, to be constructed upon the
one —acre site located at the southwestern corner of Auginbaugh Way and Mecartney
Road and the construction of a four —bay engine house including fire apparatus, related
office and sleeping quarters, required fixtures, parking, equipment storage, lighting,
water, sewer and utility facilities and conforming landscaping;
4. The acquisition of site for a public school, consisting of approximately 8 acres
and located in a portion of Lot 2, Block 4, Tract 3810, as shown on tract maps of the
County of Alameda in the City of Alameda;
5. The construction of public park improvements upon 4 of the 12 acres of Lot 2,
Block 4, Tract 3810, including all required grading, filling, installation of landscaping and
related irrigation systems and controls, playfield equipment, restrooms, public parking
facilities, conforming street improvements and street lights; and
6. The improvement of a public park site consisting of approximately 6 acres and
located along the westerly boundary of Village V as shown on Tentative Vesting Map,
Tract 5905 and adjacent to the San Francisco Bay shoreline.
EXHIBIT A
A -2
CITY OF ALAMEDA
Community Facilities District No. 1
(Harbor Bay)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities
District No. 1 (Harbor Bay) of the City of Alameda (the "CFD ") shall be levied and
collected according to the tax liability determined by the City Council (the "Council ") of
the City of Alameda (the "City "), acting in its capacity as the legislative body of the CFD
through the application of the appropriate amount or rate for "Developed Property" or
"Undeveloped Property ", as described below. All of the property in the CFD, unless
exempted by law or by the provisions of Section 111 below, shall be taxed for the
purposes, to the extent and in the manner herein provided. For purposes hereof, the
total number of residential units to be constructed shall be 627 units.
DEFINITIONS. The terms hereinafter set forth have the following meanings:
"Annual Special Tax" applies only to Developed Property and means the maximum
Special Tax that may be levied on any Developed Property after the Initial Fiscal
Year.
"Assessor's Parcel" means a parcel of land as designated on a map of the Alameda
County Assessor and which parcel has been assigned a discrete identifying number.
"Developed Property" means an Assessor's Parcel in the CFD for which a residential
building permit has been issued as of March 1 of the prior Fiscal Year.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"Housing Size" means the internal living space of a Developed Property, excluding
garages, covered patios, overhangs and other structures not used as living spaces,
all as determined by the City from the City— approved building permit for the
Developed Property.
"Initial Fiscal Year" applies only to Developed Property and means the Fiscal Year
starting on July 1 after the issuance of the residential building permit for that
Developed Property.
"Initial Special Tax" means the maximum Special Tax that may be levied on a
Developed Property for the Initial Fiscal Year.
"Neighborhood" means the areas within Village V of Harbor Bay Isle as more
particularly shown on the finally approved Vesting Tentative Map, Tract 5905, on file
in the office of the City Engineer of the City of Alameda, which map is incorporated
by this reference. Neighborhood is used to compute Special Taxes under Section III
hereof.
"Special Tax" means, collectively, the Initial Special Tax, the Annual Special Tax and
the Undeveloped Land Tax.
"Taxable Property" is all of the area within the boundaries of the CFD which is not
exempt from the Special Tax pursuant to law or Section III below.
"Tax— Exempt Property" means property within the CFD publicly owned or operated
which are normally tax — exempt under California law, including public schools, streets,
EXHIBIT B
B -1
parks, drainageways, easements, greenbelts and parking facilities. Tax - Exempt
Property also means properties owned or designated by the City for private parks,
open space, green belts, utility easements, lagoons, walkways, streets parking areas
and bikepaths, or otherwise restricted, if, in the event of foreclosure of such property
it would be of limited or no value to the purchaser.
"Undeveloped Land Tax" means the Special Tax that may be levied on Undeveloped
Property under Section III hereof.
"Undeveloped Property" means all Taxable Property in the CFD not classified as
Developed Property.
II. CLASSIFICATION OF PROPERTY. Within 10 days of the beginning of each Fiscal
Year, using the definitions in Section I above, the City shall cause each Assessor's
Parcel in the CFD to be classified as Tax - Exempt or Taxable Property. Each Taxable
Property shall then be classified as Developed or Undeveloped Property.
III. APPORTIONMENT, LEVY AND COLLECTION OF SPECIAL TAXES.
A. Within 10 days of the beginning of each Fiscal Year, beginning on July 1, 1989 and
using the classifications determined under Section II above, the City shall cause
the Special Taxes for the Fiscal Year to be apportioned and levied as follows:
1. For Tax - Exempt Property no Special Taxes shall be apportioned or levied.
2. For Taxable Property which is Developed Property and the Initial Special Tax
applies under the Definitions in Section 1 above, the Initial Special Tax shall be
apportioned and levied using the following table:
Housing Size Initial Special
Neighborhood (Square Feet) Tax ($)
A 3,000 and Over $2,800
2,999 2,825 $2,700
2,824 2,725 $2,600
2,724 and Under $2,500
B 2,400 and Over $2,400
2,399 - 2,145 $2,300
2,144 - 1,985 $2,200
1,984 - 1,709 $2,100
1,708 and Under $2,000
C 1,600 and Over $1,900
1,599 - 1,450 $1,800
1,449 - 1,200 $1,700
1,199 and Under $1,600
D 2,000 and Over $2,200
1,999 - 1,840 $2,100
1,839 - 1,600 $2,000
1,599 and Under $1,900
EXHIBIT B
B -2
Beginning July 1, 1990, and in each Fiscal Year thereafter, the Initial Special
Tax set forth in the table above shall be automatically escalated by an amount
of 4% of the Initial Special Tax (as escalated) for the previous Fiscal Year.
3. For Taxable Property which is Developed Property and the Annual Special Tax
applies under the Definitions in Section I above, the Annual Special Tax shall
be apportioned and levied in an amount equal to the Initial Special Tax, as
determined and escalated under Section III A 2 above, subject to an escalation
in an amount of not to exceed 2% of the Initial Special Tax or the Annual
Special tax, as applicable, for the prior Fiscal Year.
4. For Taxable Property which is Undeveloped Property, the Undeveloped Land
Tax shall be apportioned and levied only if within 10 days of the beginning of a
Fiscal Year, the City determines that revenues from the Special Taxes levied at
the maximum rates on Developed Properties, together with any other funds
legally available to the City to pay the amounts in clauses (a) —(c) below, will be
insufficient to pay in that Fiscal Year: (a) all required debt service on any
bonds of the CFD; (b) amounts required to replenish any reserve fund(s) for
such bonds; and (c) reasonable administrative expenses of the City for the CFD
and such bonds. If the City makes such determination, it shall cause to be
computed the amount of such insufficiency and apportion and levy upon the
Undeveloped Property, the Undeveloped Land Tax equal to a rate per acre
(including fractions thereof) of Undeveloped Property, which rate is the result of
dividing the amount of the insufficiency by the number of acres (including
fractions thereof) of Undeveloped Property. The Undeveloped Land Tax shall
in no event exceed the amount of $45,000 per acre (including fractions thereof).
B. The Special Taxes shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the
same lien priority in the case of delinquency as is provided for ad valorem taxes.
The City shall cause the actions required herein to be accomplished for each
Fiscal Year in a timely manner to assure that the schedule of the Special Taxes to
be collected are received by the Auditor of Alameda County for inclusion with
billings for such ad valorem taxes for the applicable Fiscal Year.
EXHIBIT B
B -3
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by
the Council of the City of Alameda in regular meeting
assembled on the 215t of March, 1989,
by the following vote to wit:
AYES: Counci1members Arnerich:, Camicia, Monsef and
President Corica - 4.
NOES: Councilmember Thomas - a.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 22nd day of
March, 1989.
1.
City Clerk of the City of Alameda