Resolution 15755CITY OF ALAMEDA RESOLUTION NO. 15755
A RESOLUTION CLARIFYING THE DEFINITION OF BELOW
MARKET RATE UNITS IN CONNECTION WITH PROCEEDINGS TO
ALTER THE RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 17-1
(ALAMEDA POINT PUBLIC SERVICES DISTRICT)
WHEREAS, on March 21, 2017, the City Council of the City of Alameda (the
"City Council") adopted Resolution No. 15249 (the "Resolution of Formation"), forming
,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, constituting Section 3-70.1 et seq. of the Alameda Municipal Code
(the "Law"); and
WHEREAS, the proceedings for the formation of the District allow for the levy of
an annual special tax on certain property in the District in order to fund the costs of
certain specified municipal services (the "Services") and the costs to administer the
District, as described in the Resolution of Formation; and
WHEREAS, the Resolution of Formation approved a Rate and Method of
Apportionment of Special Taxes for the District (the "RMA") that provides for the
annual allocation of special taxes levied for the CFD among the parcels of property in
the CFD; and
WHEREAS, the City Council conducted proceedings in 2018 to alter the RMA to
correct an error with respect to its application to certain property in the District; and
WHEREAS, on February 2, 2021, the City Council adopted a Resolution of
Consideration to again alter the RMA as set forth in an Amended and Restated Rate
and Method of Apportionment of Special Taxes (the "Amended RMA") in the form
appended to the Resolution of Consideration; and
WHEREAS, on February 16, 2021, following a public hearing regarding the
Amended RMA, the City Council adopted a Resolution Calling Special Election, calling
for a mail ballot election by the registered voters residing in the District on the Amended
RMA, with ballots to be cast by April 8, 2021; and
WHEREAS, on March 25, 2021, the City Clerk mailed ballots for the special
election to the registered voters residing in the District, and
WHEREAS, an entity related to the owners of two apartment projects located in
the District that provide rental units for low income and very low income households
has become concerned that changes to a definition of "Below Market Rate Units" or
"BMR Units" as reflected in the Amended RMA may be misinterpreted and has
requested that the City Council clarify the intent of the definition of BMR Units so that it
will continue to apply to units rented to low and very low income despite possible
changes in the ownership of the related apartment facility; and
WHEREAS, the City Council desires to clarify the intent of the definition of BMR
Units, as set forth below in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda that:
1. The City Council hereby clarifies the intent of the definition of "Below
Market Rate Units" or "BMR Units" in the proposed Amended RMA to include Alameda
Point Senior LP and Eden Housing Inc. as entities formed for the purpose of securing
low income housing tax credit financing. The City Council also hereby clarifies that the
BMR Units definition shall also apply to a subsequent owner entity so long as an
encumbrance on title requires rental of units to person or families meeting the
qualifying income standards for low income and very low income households as
defined by California Health and Safety Code Sections 50079.5 and 50105; and
hereby further clarifies that income standards of tenants are to be measured at their
respective initial occupancy of the property in which the BMR Units are located.
2 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 6th day of April 2021, by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Knox White,
Vella and Mayor Ezzy Ashcraft — 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 7th day of April 2021.
Lara Weisiger, City Clerl
City of Alameda
APPROVED AS TO FORM:
Yibin Sh ity Attorney
City of Afameda