Resolution 12035RESOLUTION NO. 12035
A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES 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
CITY OF ALAMEDA
Community Facilities District No. 2
(Paragon Gateway)
RESOLVED by the City Council of the City of Alameda (the "City") that:
WHEREAS, on November 7, 1990, this City Council adopted a resolution entitled "A
Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of
Special Taxes " (the "Resolution of Intention "), stating its intention to form Community Facilities
District No. 2 (Paragon Gateway) (the "CFD "), of the City pursuant to Chapter 16 of Title III of
the Alameda Municipal Code (the '`Act");
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries
of the CFD and stating the facilities and services to be provided, the cost of providing such
facilities and services, and the rate and method of apportionment of the special tax to be levied
within the CFD to pay the principal and interest on bonds proposed to be issued and the services to
be provided with respect to the CFD, is on file with the City Clerk and the provisions thereof are
incorporated herein by this reference as if fully set forth herein;
WHEREAS, the facilities and services stated in the Resolution of Intention are as set forth
in Exhibit A attached hereto and hereby made a part hereof;
WHEREAS, on this date, this City Council held a noticed public hearing as required by
the Act and the Resolution of Intention relative to the proposed formation of the Call;
WHEREAS, at said hearing all interested persons desiring to be heard on all matters
pertaining to the formation of the CFD the facilities to be provided therein and the levy of said
special tax were heard and a full and fair hearing was held;
WHEREAS, at said hearing evidence was presented to this City Council on said matters
before it, including a report caused to be prepared by the City Engineer (the "Report") as to the
facilities to be provided through the CFD and the costs thereof, a copy of which is on file with the
City Clerk, and this City Council at the conclusion of said hearing is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of
specified types of facilities and services and the rate and method of apportionment of the special
taxes have not been filed with the City Clerk by fifty percent (50 %) or more of the registered voters
residing within the territory of the CFD or property owners of one -half (1/2) or more of the area of
land within the CFD and not exempt from the special tax;
WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed
facilities to be provided therein, as set forth in Exhibit B hereto, has not been eliminated by protest
by fifty percent (50 %) or more of the registered voters residing within the territory of the CFD or
the owners of one -half (1/2) or more of the area of land within the C;i-O and not exempt from the
special tax.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct.
2. The proposed special tax to be levied within the CFD has not been precluded by
majority protest pursuant to Section 3 -16210 of the Act.
3. All prior proceedings taken by this City Council in connection with the establishment
of the CFD and the levy of the special tax have been duly considered and are hereby found and
determined to be valid and in conformity with the Act.
4. The community facilities district designated "Community Facilities District No. 2
(Paragon Gateway)" of the City is hereby established pursuant to the Act.
5. The boundaries of the CH), as set forth in the map of the CFD heretofore recorded in
the Alameda County Recorder's Office in Book 5 at Page 172 of Maps of Assessment and
Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall
be the boundaries of the CFD.
6. The type of public facilities and services proposed to be financed by the CFD and
pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this
reference incorporated herein (the "Facilities and Services ").
7. Except to the extent that funds are otherwise available to the CFD to pay for the
Facilities and Services and/or the principal and interest as it becomes due on bonds of the CFD
issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by a
continuing lien against all non - exempt real property in the CFD, is intended to be levied annually
within the CFD, and collected in the same manner as ordinary ad valorem property taxes. The
proposed rate and method of apportionment of the special tax among the parcels of real property
within the CFD, in sufficient detail to allow each landowner within the proposed CF) to estimate
the probable maximum amount such owner will have to pay, are described in Exhibit B attached
hereto and by this reference incorporated herein.
8. It is hereby found and determined that the Facilities are necessary to meet increased
demands placed upon local agencies as the result of development occurring in the CI-D.
9. The Director of Finance of the City of Alameda, 2263 Santa Clara Avenue, Alameda,
California 94501, telephone number (415)748 -4560 is the officer of the City which will be
responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel
number and which will be responsible for estimating future special tax levies pursuant to Section 3-
1651 of the Act.
10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the
Streets and Highways Code of California, a continuing lien to secure each levy of the special tax
shall attach to all nonexempt real property in the C f.D and this lien shall continue in force and effect
until the special tax obligation is prepaid and permanently satisfied and the lien canceled in
accordance with law or until collection of the tax by the City ceases.
-2-
11. In accordance with Section 3 -16216 of the Act, the annual appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD
is hereby preliminarily established at $2,100,000 and said appropriations limit shall be submitted to
the voters of the CFD as hereafter provided. The proposition establishing said annual
appropriations limit shall become effective if approved by the qualified electors voting thereon and
shall be adjusted in accordance with the applicable provisions of Section 3 -16216 of the Act.
12. Pursuant to the provisions of the Act, 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 CFD at an election the time, place and conditions of which election
shall be as specified by a separate resolution of this City Council.
* * * * * * * * * **
3
CITY OF ALAMEDA
Community Facilities District No. 2
(Paragon Gateway).
DESCRIPTION OF FACIL11TS AND SERVICES TO BE FINANCED BY
COMMUNITY FACILITIES DISTRICT NO. 2 (PARAGON GATEWAY)
The following Facilities and Services shall be financed by Community Facilities District
No. 2 (Paragon Gateway) (the "C FD") D ") of the City of Alameda:
FACILITIES
1. The acquisition of off -site street tree planting, including the acquisition of nursery stock,
pavement removal as required, soil preparation and amendment, excavation, planting, staking
and the installation of required irrigation systems and related controls, sidewalk grates and
related appurtenances and auxiliary work required such planting activities
2. The acquisition of off -site transportation facilities, including public bicycle lockers and
appurtenances and BART shuttle vans and buses
3 . The acquisition of a sidewalk and landscape buffer along the northern frontage of the lands of
Paragon Development on the south side of Mariner Square Loop, including all required
grading, excavation, site preparation, installation of curb, gutter, sidewalk, landscaping,
irrigation systems and controls and all auxiliary work required for completion.
4. The construction of all or a portion of the following improvements:
a. sidewalk and striped bike path connecting the lands of Paragon Development with the
existing sidewalk along the eastern side of Mariner Square Drive presently terminating at
Tynan Avenue, including crosswalk striping at the Mariner Square Drive/Marina Village
Parkway intersection;
b. Road reconstruction and channelization improvements at the intersection of Tinker
Avenue and the Posey Tube Ramps, including all required demolition, excavation,
installation of curbs, gutters, sidewalks, pavement, median islands, lights, signs, striping
and appurtenances.
c. The extension of Mosely - Mitchell Avenue to connect Mariner Square Loop with Main
Street, including all required demolition, excavation, installation of curbs, gutters,
sidewalks, pavement, signals, signs, striping and appurtenances;
d. Channelization improvements and a pedestrian crossing at the Tynan/Constitution /
Mariner Square Drive intersection, including all required demolition, excavation,
installation of curbs, gutters, sidewalks, raised medians, signals, signs, striping and
appurtenances; and
e. Improvements to the Beltline Railroad street crossing at Sherman Street, including all
required demolition, excavation, roadway realignment, acquisition of rights -of -way,
easements, franchises and permits, and installation of all required curbs, gutters,
pavement, crossing protection gates, signals, signs, striping and appurtenances.
EXHIBIT A
Page 1
5 . The construction of a portion of the improvements to the 7th Street/Harrison Street intersection
of the exit from the Posey Tube in Oakland, including all required demolition, excavation, and
the installation of a double right -turn lane, controller upgrades, required median modifications
and any required relocation of EBMUD water mains.
6. The acquisition of electric duct systems for the Alameda Bureau of Electricity adjacent to the
lands of Paragon Development, including all required easements, rights -of -way, franchises
and permits, excavation, installation of ducts, pull boxes and appurtenances, backfilling and
repavement.
7. The acquisition of public sculpture to be located within public right of way adjacent to the
lands of Paragon Development.
8. The acquisition of a detailed acoustical analysis, to be prepared by a licensed acoustical
engineer, demonstrating compliance with Community Noise Standards of the City of
Alameda Zoning Ordinance Chapter 5.
SERVICES
1. The provision of a portion of the transportation services by the City of Alameda, including the
operation and administration of shuttle vans or buses connecting with existing local and
regional transportation facilities and public park- and -ride facilities, the operation and
maintenance of public car pool parking facilities and bicycle lockers and the dissemination of
information related to such public transportation facilities; and
2. Administrative services of the City relating to the annual collection of the special taxes,
investment of funds related to and the timely payment of the installments of principal and
interest on any special tax bonds to be issued by the City for the CFD and any other expenses
incurred by the City with respect to the CFD, including outside consultants, trustees, paying
agents and legal counsel.
The foregoing Facilities shall include the attributable costs of engineering, design, planning
and coordination, together with the expenses related to the issuance and sale of any special tax
bonds, including underwriters' discount, appraisals, reserve fund, capitalized interest, bond
counsel, special tax consultant, bond and official statement printing and all other expenses
incidental thereto, The Facilities shall be constructed, whether or not acquired in their completed
states, pursuant to plans and specifications approved by the City of Alameda and the officials
thereof, including the City Engineer.
EXHIBIT A
Page 2
CITY OF ALAMEDA
Community Facilities District No. 2
(Paragon Gateway)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each assessor's parcel in the CFD shall be levied and collected
according to the tax liability determined by the Finance Director of the City of Alameda, or his or
her designee, through the application of the rate and method of apportionment of the Special Tax
set forth below. All of the property in the CFD, unless exempted by law, shall be taxed to the
extent and in the manner herein provided.
The Special Tax is to be levied by the CFD each Fiscal Year in an amount sufficient to pay
Annual Costs as defined and provided below. The Special Tax may be levied each Fiscal Year in
an aggregate amount not to exceed $280,000 which shall be the Maximum Special Tax. The
maximum bonded indebtedness for the CFD is $2,100,000.
The actual Special Tax to be levied each Fiscal Year will be calculated for each Parcel as
follows:
Taxable Square Foot of Improvements Per Parcel X Annual Costs = Special Tax
Total Taxable Square Feet of Improvements of the CFD
In the event all or a portion of the Special Tax is prepaid (the "Prepaid Special Tax "), the
Special Tax and the Maximum Special Tax shall be reduced in the proportion that the amount of the
Prepaid Special Tax bears to the Total Special Tax prior to such prepayment, as provided by the
Formula for Prepayment of Special Tax Obligation attached hereto as Attachment 1 and
incorporated herein by reference.
DEFINITIONS
"Act" means Chapter 16 of Title II of the Alameda Municipal Code.
"Administrative Fees or Expenses" means any or all of the following: the fees and
expenses of the Agent (including any reasonable fees or expenses of its counsel), the expenses of
the City of Alameda in carrying out its duties with respect to the CFD (including, but not limited to,
the levy and collection of the Special Taxes), including the fees and expenses of its counsel, any
fees of the County of Alameda, with respect to the collection of the Special Taxes for the C1~1), an
allocable share of the salaries of the City of Alameda staff directly related to the administration of
the CFD, a proportionate amount of general City of Alameda general administrative overhead
related thereto, any amounts paid by the City of Alameda from its general funds with respect to the
CH), and all other costs and expenses of the City of Alameda or the Agent incurred in connection
with the discharge of their respective duties under the CH) and, in the case of the City of Alameda,
in any way related to administration of the C1-D.
"Agent" means the registrar, transfer, authentication, and paying agent under the
Resolution of Issuance.
"Annual Costs" for any Fiscal Year, equals the sum of (i) Debt Service for such Fiscal
Year (ii) expected Administrative Fees or Expenses for such Fiscal Year; (iii) the amount, if any,
necessary to replenish the Reserve Fund for the Bonds, plus an amount equal to delinquencies in
EXHIBIT B
Page 1
the payment of Special Taxes levied in the previous Fiscal Year (iv) the Services; and (v) any other
payment required under the Resolution of Issuance and any supplement or amendment thereto for
such Fiscal Year.
"Bonds" means any and all bonds issued by or for the City of Alameda Community
Facilities District No. 2 (Paragon Gateway).
"CI-D" means City of Alameda Community Facilities District No. 2 (Paragon Gateway) of
the City of Alameda.
"City Council" means the City Council of the City of Alameda acting as the legislative body
of the CFD.
"Debt Service ", for each Fiscal Year, means the total annual principal and interest payments
on the Bonds during such Fiscal Year, less investment earnings on the Reserve Fund not required
to be set aside pursuant to the Resolution of Issuance for purposes of rebate pursuant to the federal
government pursuant to the Internal Revenue Code of 1986, and less any capitalized interest and
any other amounts remaining in the Bond Fund held under the Resolution of Issuance from the
previous Fiscal Year.
"Fiscal Year" means the period starting on July 1 and ending the following June 30 in any
year in which the Bonds are outstanding.
°'Maximum Special Tax" means the maximum Special Tax that may be levied by the CF1) in
any Fiscal Year.
"Parcel" means any County of Alameda Assessor's parcel or portion thereof that is within
the boundaries of the CFD, based on the equalized tax rolls of the County of Alameda as of March
1 in the prior Fiscal Year.
"Reserve Fund" means the fund of that name created under the Resolution of Issuance(s).
"Resolution of Issuance" means any resolution adopted by the City Council, acting as the
legislative body of the CH), authorizing the issuance of the Bonds in accordance with the Act.
"Services" means the transportation services to be funded annually by the CFD in an
amount not to exceed $35,000 each fiscal year.
"Special Tax" means any tax levied within the CH) pursuant the the Act.
"Taxable Square Feet" means the gross square footage of improvements on a Parcel as
indicated on building permit(s), duly filed and approved by the City of Alameda, on any Parcel
within the boundaries of the CFD that is not exempt by law from the Special Tax.
"Total Special Tax" means the total special taxes that will be levied on the Total Taxable
Square Feet of the Call.
"Total Taxable Square Feet of the CFO" means the aggregate Taxable Square Feet of
improvements on all the Parcels in the C:FD, excluding those Taxable Square Feet of improvements
on a Parcel for which the Special Tax has been prepaid.
EXHIBIT B
Page 2
FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATION
Any property owner in the CFD that desires to prepay the Special Tax shall notify the
Finance Director of the City of Alameda of such intention and the amount of prepayment no more
than sixty(60) days and no less than forty-five (45) days prior to date of such prepayment. The
entire Special Tax for any Parcel of property in the CFD may be prepaid at least ten (10) Business
Days (as defined in the Resolution of Issuance) prior to any Interest Payment Date (as such term is
defined in the Resolution of Issuance) as follows:
a. The Parcel to be prepaid must not be delinquent in any payment of Special Tax.
Prepayment hereunder shall not relieve any property owner from paying those Special Taxes which
have already become due and payable, and the Notice of Cessation of Special Tax Lien shall not be
recorded pursuant to the Act, until those Special Taxes have been paid.
b. All of the authorized Bonds of the CH.) must be issued, or the City Council, acting as
the legislative body of the CEO, must pass a resolution stating that no further bonds will be issued
by the CFD.
c. The Special Tax and the Minimum Special Tax for the Parcel to be prepaid, as of the
prepayment date which shall be on an Interest Payment Date, shall be calculated as a percentage of
the annual Special Tax and the Maximum Special Tax that could be levied on the Total Taxable
Square Feet of the CFD as of the Interest Payment Date.
d The percentage set forth in "c" above shall be applied to the total amount of
outstanding Bonded Indebtedness of the C1-D. The total amount of Bonded Indebtedness of the
CFD shall be calculated as of the date through which principal has been paid (or will be paid by
Special Taxes which have already become due and payable).
e. Interest on the amount calculated under "d" above shall be calculated at the bond
interest rate from the last preceding Interest Payment Date on the Bonds to the prepayment date,
which shall be an Interest Payment Date, unless interest to the next Interest Payment Date is to be
paid from Special Taxes which have already been paid or which have become due and payable.
f. The Reserve Fund shall be reduced in the same proportion as the prepaid Special Tax
bears to the Total Special Tax, and such reduction in the Reserve Fund (the "Reserve Fund
Credit ") may be (i) applied to the prepayment of the Special Tax, or (ii) refunded to the taxpayer
prepaying the Special Tax in the event that the taxpayer chooses to prepay the Special Tax without
regard to the proportionate amount contained within the Reserve Fund relating to said taxpayers
parcel.
g. An additional premium for any negative arbitrage during any period of defeasance
(investment of prepaid monies, in direct U.S. Government securities, as more fully described in
the Resolution of Issuance, during the call - protection period and prior to the retirement of Bonds)
shall be calculated thirty (30) days in advance of the prepayment date, which shall be any Interest
Payment Date, by an independent certified public accountant acceptable to the CFD, in a writing
addressed to the till, effective as of the prepayment date. The fee of the independent certified
public accountant shall be paid by the owner of the Parcel to be prepaid.
h. The prepayment premium on the Bonds at the end of the call - protection period, as set
forth in the Resolution of Issuance, if any, shall be applied to the amount determined under "d"
above. The owner of the Parcel to be prepaid may request that redemption be postponed until
EXHIBIT B
Page 3
Bonds may be called without premium. This may have an impact on the amount calculated under
"g" above.
i. The amount to be prepaid for any Parcel of property shall be the sum of the amounts
calculated for that parcel under paragraphs "d" through "h ", above, plus the reasonable costs and
expenses of performing the calculations, preparing and recording the Notice of Cessation of
Special Tax Lien and any other acts or procedures required to be performed in connection with the
prepayment (such amount shall be referred to in the Resolution of Issuance as the "Prepayment
Amount ").
EXHIBIT B
Page 4
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 regular meeting assembled on the twentieth day
of November, 1990, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Thomas,
Withrow and President Corica - 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 twenty-first day of November,
1990.
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A41- -/? (7
Diane Felsch, City Clerk
City of Alameda