Resolution 15249CITY OF ALAMEDA RESOLUTION NO. 15249
OF FORMATION OF THE CITY OF ALAMEDA ' COMMUNITY
FACILITIES DISTRICT NO. 17 -1 ( ALAMEDA POINT PUBLIC
SERVICES 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
WHEREAS, on March 7, 2017, this City Council adopted a resolution
"Declaring Intention to Establish a Community Facilities District and to Authorize the
Levy of Special Taxes Therein — Alameda Point Public Services District" (the
"Resolution of Intention ") stating its intention to form the City of Alameda Community
Facilities District No. 17 -1 (Alameda Point Public Services District) (the "District ")
pursuant to the City of Alameda Special Tax Financing Improvement Code, Alameda
Municipal Code 3 -70.1 et seq. (the "Law "); and
WHEREAS, the Resolution of Intention, incorporating by reference a map of
the proposed boundaries of the District and describing the TDM Compliance Strategy
and the municipal services (collectively, the "Services ") eligible to be financed by the
District and the rate and method of apportionment of the special tax to be levied
within the District to pay costs of the Services 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, the Resolution of Intention called for a public hearing on the District
to be held on March 21, 2017, and notice of the public hearing was published as
required by the Law; and
WHEREAS, on this date this City Council held the public hearing required by
the Law and the Resolution of Intention relative to the proposed formation of the
District; and
WHEREAS, at the hearing all interested persons desiring to be heard on all
matters pertaining to the formation of the District, the Services to be funded by the
District and the levy of the special tax on property in 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 Acting Director of Public Works of the
City (the "Report") as to the Services to be provided by the District and the costs
thereof, a copy of which was attached to the Staff Report for this matter, and this City
Council at the .conclusion of the hearing was fully advised regarding the District; and
WHEREAS, written protests with respect to the formation of the District and /or
the provision of services by the District as described 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 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 costs
of the Services 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, BE IT RESOLVED by the City Council of the City of
Alameda that:
1. The foregoing recitals are true and correct.
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 Law.
3. All prior proceedings taken by this City Council in connection with the
establishment of the District and the levy of the special tax in the District. have
been duly considered and are hereby found and determined .to be valid and in
substantial conformity with the Law.
4. The community facilities district designated "City of Alameda
Community Facilities District No. 17 -1 (Alameda Point Public Services District)" is
hereby established pursuant to the Law.
5. The boundaries of the District, as described in the Resolution of Intention
and set forth in the boundary map of the District recorded on March 9, 2017 in the
Alameda County Recorder's Office in Book 18 of Maps of Assessment and Community
Facilities Districts at Pages 77 -80 (instrument no. 2017058643), are hereby approved,
are incorporated herein by this reference and shall be the boundaries of the District.
6. The types of services eligible to be funded by the District pursuant to
the Law are as described in Exhibit A to the Resolution of Intention which Exhibit
is by this reference incorporated herein.
7. A special tax sufficient to pay the costs of the Services, secured by
recordation of a continuing lien against all non - exempt real property in the District,
will be levied within the District and collected in the same manner as ordinary ad
valorem property taxes or in such other manner as this City Council shall determine,
including direct billing of the affected property owners. The proposed rate and method
of apportionment of the special tax among the parcels of real property within the
District, in sufficient detail to allow each landowner within the District to estimate the
maximum amount such owner will have to pay, are described in Exhibit B to the
Resolution of Intention, which Exhibit is by this reference incorporated herein, and
shall be the rate and method of apportionment of special taxes for the District. This
City Council hereby finds that the basis for the levy and apportionment of the special
tax, as set forth in said rate and method of apportionment of special taxes, is
reasonable.
8. The office of the Finance Director of the City of Alameda, 2263 Santa
Clara Avenue, Alameda, California 94501, telephone number (510) 747 -4881, is the
office of the City that will be responsible for preparing annually and whenever
otherwise necessary a current roll of special tax levy obligations by assessor's parcel
number and that will be responsible for estimating future special tax levies for the
District pursuant to Sections 3 -70.32 and 3 -70.71 of the Law.
9. Upon recordation of a notice of special tax lien pursuant to Section
3114.5 of the California Streets and Highways Code for the District, 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 collection of the tax by
the City Council ceases.
10. In accordance with Section 3 -70.36 of the Alameda Municipal
Code, the appropriations limit, as defined by subdivision (h) of Section 8 of Article
XIIIB of the California Constitution, of the District is hereby preliminarily established at
$20,000,000 and said appropriations limit shall be submitted to the qualified electors
of the District as provided below. The proposition establishing the appropriations limit
for the District shall become effective if approved by the qualified electors of the District
voting thereon and shall be adjusted in accordance with the applicable provisions of
Section 3 -70.36 of the Law.
11. Pursuant to the provisions of Section 3- 70.37. of the Law, 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.
12. The territory proposed for annexation to the District, as described in Section
11 of the Resolution of Intention and on the map of the District described in Section 5
above, may be annexed to the District from time to time upon the unanimous approval
of the owner or owners of each parcel or parcels in the annexation area then to
be annexed, without additional hearings, as permitted by Section 3.70 -66 of the Law.
13. 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 regular
meeting assembled on the 21 st day of March, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 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 March, 2017.
Lara Weisiger, Ci Clerk
City of Alameda
Approved as to form:
Janet C. K16rn, City Attorney
City of Alameda