Loading...
Resolution 16328 CITY OF ALAMEDA RESOLUTION NO. 16328 CALLING SPECIAL ELECTION REGARDING THE CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 25-1 (WEST MIDWAY FACILITIES) WHEREAS, on the date hereof, the City Council (the"City Council") of the City of Alameda (the "City") has adopted a resolution entitled "FORMING CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 25-1 (WEST MIDWAY FACILITIES), DESIGNATING AN IMPROVEMENT AREA THEREIN, ESTABLISHING A FUTURE ANNEXATION AREA, PROVIDING FOR ADDITIONAL FUTURE IMPROVEMENT AREAS THEREIN, AND AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE PUBLIC FACILITIES IN AND FOR SUCH COMMUNITY FACILITIES DISTRICT" (the "Resolution of Formation"), ordering the formation of the "City of Alameda Community Facilities District No. 25-1 (West Midway Facilities)" (the "CFD") and Improvement Area No. 1 therein, and "City of Alameda Community Facilities District No. 25-1 (West Midway Facilities) (Future Annexation Area)", authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to the City of Alameda Special Tax Financing Improvement Code, Section 3-70.1 et seq. of the Alameda Municipal Code (the "Law") and the Mello-Roos Community Facilities Act of 1982, being Section 53311 et seq. of the California Government Code (the "Act"); and WHEREAS, this City Council has also adopted a resolution entitled "DETERMINING NECESSITY TO INCUR BONDED INDEBTEDNESS FOR THE CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 25-1 (WEST MIDWAY FACILITIES)" (the "Resolution Determining Necessity"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $35,000,000 (the "Authorization"), initially allocated as follows: (i) for land within Improvement Area No. 1, $26,000,000 and (ii)for land that may annex into a Future Improvement Area from the Future Annexation Area, $9,000,000, for the purpose of financing the costs of all or a portion of the facilities defined in the Resolution of Formation (the "Facilities"); and WHEREAS, pursuant to the provisions of the Resolution of Formation and the Resolution Determining Necessity, the propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the CFD as required by the provisions of the Law; and WHEREAS, the City Council has on the date hereof formed a community facilities district under the provisions of the Law, as may be augmented by the Act in these proceedings and in the any future proceedings to issue special tax bonds for such district. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. Pursuant to Section 3-70.88 of the Law, the issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit for the initial boundaries of the CFD shall be submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below. 2. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by this Council for the purposes of these proceedings. Accordingly, and pursuant to Section 3-70.37 of the Law, this City Council finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearings. It has been further determined that the City is the sole landowner voter for the CFD. The Mayor is hereby authorized and directed to execute and deliver the official ballot and all other election-related materials on behalf of the City. 3. This City Council hereby calls a special election to consider the measures described in section 1 above, which election shall be held on October 7, 2025, and the results thereof canvassed at the meeting of this City Council on October 7, 2025. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until 7:00 p.m. on the election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient description to allow the City Clerk to determine the electors of the CFD. Pursuant to Section 3-70.37(d) of the Law, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), and (c) (1) of Section 4000 and Section 4108 are applicable to this special election, except that Section 3- 70.37(a) of the Law shall govern for purposes of determining the date of the election. 4. The three propositions described in section 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein and the form of ballot is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit A, to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. 5. This Council hereby further finds that the provisions of Section 3-70.37(a) of the Law requiring a minimum of 5 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the CFD. There is on file with the City Clerk a written waiver executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this 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 Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 3- 70.38 of the Law. 6. The City Council hereby finds that the proposed debt issuance constitutes a "local bond measure"within the meaning of Sections 53410, et seq. of the California Government Code. As a result, the bond measure shall include the propositions set forth above and the following: (a) the specific purpose of the bonds shall be as set forth in the propositions; (b) any proceeds received from the sale of any bonds shall be applied only to the purposes set forth in the propositions; (c)the proceeds of any bonds shall be deposited into special accounts to be created therefor as part of the issuance of the bonds; and (d) the City shall cause a report to be prepared annually under Section 53411 of the Government Code. 7. This Resolution shall take effect upon its adoption. 2 EXHIBIT A CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 25-1 (WEST MIDWAY FACILITIES) OFFICIAL BALLOT SPECIAL TAX ELECTION This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Alameda no later than the hour of 7:00 p.m. on October 7, 2025, either by mail or in person. The City Clerk's office is located at Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California 94501. 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. Shall the measure pursuant to which (i) City of Alameda shall incur YES: indebtedness and issue bonds up to $35,000,000 for Community Facilities District No. 25-1 (West Midway Facilities) ("CFD"), initially allocated as follows: (i) for land within Improvement Area No. 1 of the CFD, $26,000,000 and (ii) for NO: land that may annex into a future improvement area from the Future Annexation Area of the CFD, $9,000,000, to acquire and/or construct facilities set forth in the list of authorized facilities attached to the resolution of formation and incorporated by this reference herein and pay for the costs of issuing the bonds and related expenses; (ii) a special tax shall be levied at rates of$975 to $3,800/ residential unit, subject to annual escalation, through Fiscal Year 2064/65, raising $1,018,075 in Fiscal Year 2025-26 (assuming full build-out of Improvement Area No. 1), to pay for the principal and interest upon such bonds, to pay the costs of the City in administering Improvement Area No. 1, and to pay for the costs of acquiring and/or constructing said facilities to be taxed in the future at a separate rate in accordance with the rate and method of apportionment of special taxes for Improvement Area No. 1 attached to the resolution of formation and incorporated by this reference herein; and (iii) the annual appropriations limit of Improvement Area No. 1 shall initially be $35,000,000, subject to escalation, be adopted? By execution in the space provided below, you also indicate your waiver of (i) the time limit pertaining to the conduct of the election, (ii) any requirement for analysis and arguments with respect to the ballot measure, and (iii) any irregularity in the proceedings that may be claimed as a result of the application of such waivers. Number of Acres: Property Owner: Number of Votes: , a By: Name : Its: 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 October 2025, by the following vote to wit: AYES: Councilmembers Boller, Daysog, Jensen, Pryor and Mayor Ezzy Ashcraft—5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set by hand and affixed the official seal of said City this 8th day of October 2025. 64/ 61664,t. -Or Lara e iger, City Clerk City of Alameda Approved as to Form: Yibin Shen, City Attorney City of Alameda