Resolution 15657CITY OF ALAMEDA RESOLUTION NO. 15657
AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS FOR THE
FORMATION OF A COMMUNITY FACILITIES DISTRICT, DESIGNATING
CONSULTANTS, APPROVING A DEPOSIT/REIMBURSEMENT
AGREEMENT AND AUTHORIZING AND DIRECTING CERTAIN RELATED
ACTIONS FOR THE ALAMEDA MARINA PROJECT
WHEREAS, Alameda Marina, LLC (the "Developer") has submitted to the Finance
Director of the City of Alameda (the "City") a check in the amount of $75,000.00 (the
"Deposit"), to be used by the City to pay costs of the City in connection with proceedings
under the City of Alameda Special Tax Financing Improvement Code, Section 3-70 et seq. of
the Alameda Municipal Code (the "Code"), to create a community facilities district to be
designated "City of Alameda Community Facilities District No. 20-1 (Alameda Marina)" (the
"CFD"); and
WHEREAS, there also has been submitted a Deposit/Reimbursement Agreement (the
"Agreement"), to be entered into by the Developer and the City (for itself and on behalf of the
CFD), and this City Council now desires to direct the City Manager or designee (the "City
Manager") to accept the money advanced by the Developer, to authorize the execution and
delivery by the City of the Agreement, to employ certain consultants necessary for the
formation of the CFD and the sale of bonds of the City for the CFD (the "Bonds"), and to
authorize and direct City staff to take actions necessary to present to City Council for approval
the documents necessary to form the CFD and issue the bonds of the City for the CFD.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
that:
1. The City Manager is hereby requested to accept the Deposit, and to use the Deposit
in the manner contemplated by the Agreement. The City Manager is hereby authorized and
directed to execute the Agreement for and on behalf of the City, and to take all actions
necessary, in his discretion, to implement the Agreement.
2. City staff are hereby directed to take all actions necessary or advisable to present
to City Council for its review and approval all proceedings necessary to form the CFD and
issue the Bonds of the City for the CFD. The passage of this Resolution shall in no way
obligate this City Council to form the CFD or issue the Bonds.
3. The law firm of Quint & Thimmig LLP is hereby designated as Bond Counsel and
Disclosure Counsel to the City for the CFD. The City Attorney is hereby authorized and
directed to execute an agreement with said firm for its services in connection with the CFD
and any Bonds issued for the CFD, in the form filed with the City Attorney's office. In any
event, the fees and expenses of Quint & Thimmig LLP shall be payable from the Deposit and
/or the proceeds of the Bonds when and if they are issued by the City for the CFD.
4. The firm of NBS is hereby designated as Special Tax Consultant to the City for the
CFD. The City Manager is hereby authorized and directed to execute an agreement with said
firm for its services in connection with the CFD and any Bonds issued for the CFD, in a form
acceptable to the City Manager and the City Attorney. In any event, the fees and expenses
of NBS shall be payable from the Deposit and/or the proceeds of the Bonds when and if they
are issued by the City for the CFD.
5. The City Manager is hereby authorized and directed to designate a firm to serve as
Municipal Advisor to the City for the proposed CFD and Bonds. The City Manager is hereby
authorized to enter into a contract with the firm so designated, in a form acceptable to the
City Manager and the City Attorney. The compensation to such firm is to be paid from the
Deposit and/or the proceeds of the Bonds when and if they are issued by the City for the
CFD.
6. The Mayor, the City Manager, the Assistant City Manager, the Public Works
Director, the City Attorney, the City Clerk and all other appropriate officials of the City are
hereby authorized and directed to take all actions necessary or advisable in furtherance of
the purposes of this Resolution.
7. 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 2nd day of June 2020, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Councilmembers Daysog, Knox White, Oddie, Vella and Mayor
Ezzy Ashcraft -5.
None.
None.
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 3rd day of June 2020.
Approved as to Fo ~
---~/j ~ --:::------·~ ~V7.----~ --~:z:
Yibin Shen, City Attorney
City of lameda
City of Alameda