Resolution 14889CITY OF ALAMEDA RESOLUTION NO. 14889
CALLING SPECIAL ELECTION WITHIN THE CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 13-2 (ALAMEDA LANDING
MUNICIPAL SERVICES DISTRICT)
WHEREAS, on this date, this City Council adopted a resolution "Of Formation of the 13-2 (Alameda Landing Municipal
O r° City of Alameda °~ `". ~� Services =-^-^` Authorizing Levy of Special Tax Within District,
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Establishing an Appropriations Limit for the District, and Submitting Levy of the Special Tax
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^ and the Establishment of the Appropriations Limit to the Qualified Electors of th p District"
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cp . (the "Resolution of Fnnnation^), ordering the formation of the City of Alameda Community
O Facilities District No. 13-2 (Alameda Landing Municipal Services District) (the "District"),
a_ authorizing the levy of a special tax on property within the District and preliminarily
et-
tv establishing an appropriations limit for the District; and
WHEREAS, pursuant to the provisions of said nyao|ud0n, the propositions of the levy
of said special tax and the establishment of the appropriations limit for the District are to be
submitted to the qualified electors of the District as required by the City of Alameda Special
Tax Financing Improvement Code, constituting Alameda Municipal Code Section 3-70 .1 et
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
that:
1. Pursuant to Sections 3-70.36, 3-70.37 and 3-70.88 of the Lavv. the issues of
the levy of said special tax and the establishment of the appropriations limit for the District
shall be submitted to the qualified electors of the District at an election called therefor as
provided below.
2. As authorized by Section 3-70.88 of the Law, the two propositions described
in Section 1 above shall be combined into a single ballot measure, the form of which
measure is attached hereto as Exhibit A which Exhibit is, by this refenanma, incorporated
herein. The form of baliot is hereby approved.
3. This City Council hereby finds that fewer than 12 persons have been
registered to vote within the territory of the District for each of the ninety (90) days
preceding the close of the public hearings heretofore conducted and concluded by this City
Council for the purposes of these proceedings. ACDVndiDg|y, and pursuant to Section
3-70.37 b. of the Law, this City Council finds that for purposes of these proceedings the
qualified electors for the District are the Iandowners within the District and that the vote shall
be by said landowners or their authorized representatives, each having one vote for each
acre or portion thereof such landowner owns in the District as of the close of the public
hearings.
4. This City Council hereby calls a special election to consider the ballot
measure described in Section 2 above, which election shall be held immediately following
adoption of this Resolution in the regular meeting place of this City Council. The City Clerk
is hereby designated as the official to conduct the election. It is hereby acknowledged that
the City Clerk has on file the Resolution of Formation, a map of the proposed boundaries of
the District, and a sufficient description to allow the City Clerk to determine the boundaries
of the District.
The voted ballots shall be returned to the City Clerk no later than immediately
following the adoption by the City Council of this Resolution.
5. Pursuant to Section 3 -70.37 d. of the Law, the election shall be conducted by
mail or hand delivered ballot.
6. This City Council acknowledges that the City Clerk has caused to be delivered
to each of the qualified electors of the District a ballot in the form set forth in Exhibit A
hereto. Each ballot indicated the number of votes to be voted by the respective landowner.
Each ballot was accompanied by all supplies and written instructions necessary
for the use and return of the ballot. The envelope to be used to return ballots was enclosed
with the ballot, had the return postage prepaid, and contained the following: (a) the name
and address of the landowner, (b) a declaration, under penalty of perjury, stating that the
voter is the owner of record or authorized representative of the landowner entitled to vote
and is the person whose name appears on the envelope, (c) the printed name, signature
and address of the voter, (d) the date of signing and place of execution of the declaration
pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot
and is to be opened only by the City Clerk.
Analysis and arguments with respect to the ballot measure was waived by the
landowners in their voted ballots, as permitted by Section 3. -70.38 b. of the Law.
7. The City Clerk shall accept the ballots of the qualified electors submitted
immediately following or prior to the adoption of this Resolution, whether the ballots be
personally delivered or received by mail. The City Clerk shall have available ballots which
may be marked in the City Council meeting room on the election day by the qualified
electors.
8. This City Council hereby further finds that the provision of the Law requiring a
minimum of 5 days following the adoption of the Resolution of Formation to elapse before
said special election is for the protection of the qualified electors of the District. The voted
ballots of the qualified electors of the District contain acknowledgments of a waiver of any
time limit pertaining to the conduct of the election and of a waiver of any requirement for
analysis and arguments in connection with the election. Accordingly, this City, Council finds
and determines that the qualified electors have been fully apprised of and have agreed to
the shortened time for the election and waiver of analysis and arguments, and have thereby
been fully protected in these proceedings. This City Council also finds and determines that
the City Clerk has concurred in the shortened time for the election.
9. Pursuant to Section 50075.1 et. seq. of the California Government Code, the
ballot measure referred to in Sections 2 and 4 above contains a statement indicating the
specific purposes of the special tax, the proceeds of the special tax will be applied only to
the purposes specified in the ballot measure, there shall be created by the City Finance
Director an account into which proceeds of the special tax levies for the District will be
deposited (which need not be a separate bank account, but which may be a general ledger
account so long as such proceeds can be separately accounted for, or may be an account
held by a fiscal agent on behalf of the City), and the City Finance Director is hereby directed
to provide an annual report to this City Council as required by Section 50075.3 of the
California Government Code.
10. The City Clerk is hereby directed to cause to be published in a newspaper of
general circulation circulating within the District a copy of this Resolution as soon as
practicable after the date of adoption of this Resolution.
11. This Resolution shall take effect upon its adoption.
EXHIBIT A
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 13 -2
(ALAMEDA LANDING MUNICIPAL SERVICES DISTRICT)
OFFICIAL BALLOT
Special Tax Election
(February 4, 2014)
This ballot is for a special, landowner election. You must return this ballot in
the accompanying postage paid envelope to the City Clerk of the City of Alameda no later
than immediately after adoption of the resolution of the City Council calling said election,
either by mail or in person.
To vote, mark a cross (X) on the voting line after the word "YES" or after the
word "NO ". All marks otherwise made are forbidden. All distinguishing marks are forbidden
and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Alameda and obtain another.
BALLOT MEASURE: Shall a special tax payable solely from
lands within the City of Alameda Community Facilities District No. 13 -2 (Alameda
Landing Municipal Services District) (the "District ") be levied annually by the City
Council of the City of Alameda upon lands within the District to be applied only to
pay the costs of the services authorized to be funded by the District and the costs
of the City of Alameda in administering the District, and shall the initial annual
appropriations limit of the District be established in the amount of $10,000,000?
Yes:
No:
By execution in the space provided below, you also indicate your waiver of
the time limit pertaining to the conduct of the election and any requirement for analysis and
arguments with respect to the ballot measures, as such waivers are described and
permitted by Section 3 -70.37 a. and 3 -70.38 b. of the Alameda Municipal Code.
Number of Votes:
Property Owner:
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 4th day of February, 2014, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and
Mayor Gilmore — 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 5th day of February, 2014.
Lara Weisiger, City
City of Alameda
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