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Resolution 13377CITY OF ALAMEDA RESOLUTION NO. 13377 APPOINTING STEWART G. CHEN AS A MEMBER OF THE SOCIAL SERVICE HUMAN RELATIONS BOARD BE IT RESOLVED by the Council of the City of Ala o the provisions of Article X of the Charter of the City of Alameda, and upon nomination by the Mayor, STEWART G. CHEN is hereby appointed to the office of member of the Social Service Human Relations Board of the City of Alameda for the tenn commencing August 7, 2001, and expiring on June 30, 2005, and to serve until his successor is appointed and is qualified. * * * * ** 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 a regular meeting assembled on the 7th day of August, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: ABSENT: None. None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of August, 2001. Lara Weisiger, Acting City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. 13378 FORMING THE CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 4 (DEMOLITION AND BACKBONE INFRASTRUCTURE - FISC AND EAST HOUSING SITES), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "), as follows: WHEREAS, on June 19, 2001, this City Council adopted a Resolution Declaring Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes (the "Resolution of Intention"), stating its intention to form the City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) (the "District "), pursuant to the City of Alameda Special Tax Financing Improvement Code, constituting Section 3 -70 (Special Tax Financing Improvement Code) of Article IV (Special Tax Financing) of Chapter III (Finance and Taxation) of the Alameda Municipal Code (the "Code "); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and describing the demolition and backbone infrastructure work (the "Demolition and Backbone Infrastructure ") to be financed, the estimated maximum cost of financing the Demolition and Backbone Infrastructure, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on bonds proposed to be issued with respect to the District (the "Rate and Method "), 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 July 17, 2001, this City Council opened the public hearing relative to the proposed formation of the District that was called pursuant to the Resolution of Intention and continued the hearing to this date, and on this date this City Council held the continued public hearing; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the Demolition and Backbone Infrastructure to be financed thereby and the levy of the special tax within the District were heard and a full and fair hearing was held; and WHEREAS, at the hearing evidence was presented to this City Council on the matters before it, including a report by the Executive Director of the Community Improvement Commission of the City of Alameda (the "CFD Report ") as to the Demolition and Backbone Infrastructure to be financed by the District and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of the hearing was fully advised in the premises; and WHEREAS, written protests with respect to the formation of the District, the Demolition and Backbone Infrastructure to be financed, and the Rate and Method have not been filed with the City Clerk by fifty percent (50 %) or more of the registered voters residing within the territory of the District or property owners of one -half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the District to pay for the proposed financing, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by protest by fifty percent (50 %) or more of the registered voters residing within the territory of the District or the owners of one -half (1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. The foregoing recitals are true and correct. Section 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 3 -70.30 of the Code. Section 3. All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in with the requirements of the Code. Section 4. The community facilities district designated "City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites)" is hereby established pursuant to the Code. Section 5. The boundaries of the District, as set forth in the map of the District heretofore recorded in the Alameda County Recorder's Office in Book 14 at page 88 of < Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District. Section 6. The Demolition and Backbone Infrastructure to be financed by the District pursuant to the Code shall consist of the Demolition and Backbone Infrastructure described on Exhibit A to the Resolution of Intention which Exhibit is by this reference incorporated herein. Section 7. Except where funds are otherwise available to the District to finance the Demolition and Backbone Infrastructure and /or the principal and interest as it becomes due on bonds of the District issued to finance the Demolition and Backbone Infrastructure, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non - exempt real property in the District, will be annually levied within the District, and collected, by direct billing of the affected property owners or in such other manner as this City Council or its designee shall determine. The proposed Rate and Method among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit B attached to the Resolution of Intention which Exhibit is by this reference incorporated herein. Section 8. The Director of Finance of the City of Alameda, 2263 Santa Clara Avenue, Room 220, Alameda, California, telephone number (510) 748 -4546 is the officer of the City that will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 3 -70.42 of the Code. Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is paid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City Council ceases. Section 10. In accordance with Section 3 -70.36 of the Code, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $12,000,000, and said appropriations limit shall be submitted to the qualified electors of the District as hereafter provided. The proposition establishing said annual 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 3 -70.36 of the Code. Section 11. Pursuant to the provisions of the Code, 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 District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this City Council. Section 12. This Resolution shall take effect upon its 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 in a Special Joint City Council, Community Improvement Commission, and Alameda Public Financing Authority meeting assembled on the 21st day of August, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 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 22nd day of August, 2001. Lara Weisiger, Acting City Clerk City of Alameda