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Resolution 11650RESOLUTION NO. 11650 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO —ROOS COMMUNITY FACILITIES ACT OF 1982 CITY OF ALAMEDA Community Facilities District No. 1 (Harbor Bay) RESOLVED by the City Council (the "Council ") of the City of Alameda (the "City "), County of Alameda, California, that WHEREAS, within 90 days of the date hereof, a petition has been filed with the City Clerk of the City requesting the Council to undertake proceedings for the formation of Community Facilities District No. 1 (Harbor Bay) (the "CFD ") pursuant to the Mello — Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the "Act "). WHEREAS, said petition has been duly executed by the owner of all the lands to be included in the CFD and in all other respects complies with Sections 53318 and 53319 of the Act. WHEREAS, under the Act, the Council is empowered with the authority to commence proceedings to establish the CFD; and WHEREAS, the Council, now desires to proceed with the establishment of a community facilities district; NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. The Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act. The petition of the owner of all of the lands is accompanied by a check in the amount of $7,500, which amount is deemed sufficient to compensate this Council for costs incurred in conducting proceedings to establish the CFD. Any portion of said $7,500 not actually used for purposes of such costs shall be returned to the payor without interest. 2. The name proposed for the community facilities district is Community Facilities District No. 1 (Harbor Bay) (the "CFD "). 3. The proposed boundaries of the CFD are as shown on the map of the CFD on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the CFD in the office of the Recorder of the County of Alameda within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the date of the public hearing specified in paragraph 11 below. 4. The type of public facilities proposed to be financed pursuant to the Act shall consist of those items listed as facilities on Exhibit "A" hereto and by this reference incorporated herein (the "Facilities "). 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and /or the principal and interest as it becomes due on bonds of the District issued to acquire and /or construct the Facilities, a special tax, sufficient to pay the costs thereof, secured by recordation of 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 CFD to estimate the probable annual amount and the maximum amount such owner will have to pay, are described in Exhibit "B" attached hereto and by this reference incorporated herein. 6. It is the intention of the Council acting as the legislative body for the CFD to cause bonds of the District to be issued for the CFD pursuant to the Act to finance in whole or in part the acquisition of the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $22,000,000, shall bear interest payable semi - annually or in such other manner as the Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by special mail ballot election among the landowner voters in said proposed CFD, with each voter having one vote for each acre of land or portion thereof owned by such voter in the CFD. 8. Except as may otherwise be provided by law, all lands owned by any public entity, including the United States, the State of California and /or the District, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit "B ", the Council will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to any maximum special tax that may be levied. 9. It is the intention of this Council to finance the purchase and acquisition of all or a portion of the Facilities, together with the costs of the proceedings and the issuance of the bonds (including the reimbursement to the owner of the land in the CFD of certain costs incurred by the landowner), which are completed and /or incured before and after the adoption of the resolution of formation of the CFD, all pursuant to appropriate agreements to be considered and approved by resolution of this Council in and for the CFD and pursuant to the requirements and conditions of Sections 53313.5 and 53314.9 of the Act. 10. The Acting Director of Public Works, as the officer having charge and control of the Facilities. in and for the CFD, is hereby directed to study said proposed Facilities and to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following: (a) A description of the Facilities by type which will be required to adequately meet the needs of the CFD. (b) An estimate of the fair and reasonable cost of acquiring and /or constructing the Facilities including the cost of acquisition of lands, rights -of -way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection with said acquisition, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing specified below. 11. Tuesday, March 14, 1989, at 7:30 p.m., in the regular meeting place of this Council, City Council Chambers, City Hall, 2263 Santa Clara Avenue, Alameda, California, be, and the same are hereby appointed and fixed as the time and place when and where the Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and the levy of said special tax. 12. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in the Alameda Times Star, a newspaper published in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The City Clerk shall also cause such notice to be mailed to each landowner within the proposed CFD by first class mail, which notice shall be mailed at least 15 days before the date of the hearing set forth above. Said notices shall be substantially in the form set forth in Section 53322 of the Act. 13. Kenneth Leventhal & Company is hereby designated as special tax consultant in and for said CFD and is hereby authorized to cause to be prepared all materials relating to the special tax formulas to be considered in these proceedings. The fees of said firm shall be paid by the owner or the owners of property to be taxed in these proceedings, in which event such owner or owners shall be reimbursed for such amounts actually paid, all as shall be provided by separate agreement pursuant to paragraph 9 of this resolution. 14. The law firm of Jones Hall Hill & White, A Professional Law Corporation, is hereby designated as bond counsel to the District in connection with the formation of the CFD and the special tax bonds expected to be issued by the District for the CFD. The City Attorney for the City is hereby authorized to execute and deliver an agreement with said firm for services in connection with the CFD and said bonds, the fees of said firm to be payable solely from the proceeds of said bonds. CITY OF ALAMEDA Community Facilities District No. l (Harbor Bay) PUBLIC FACILITIES TO BE PROVIDED BY COMMUNITY FACILITIES DISTRICT NO. 1 (HARBOR BAY) Community Facilities District No. l (Harbor Bay) (the "CFD ") is to provide financing for public facilities (the "Facilities "). The Facilities shall include costs involved in design, inspection, acquisition and construction of the public improvements listed below together with the costs of acquiring all required lands, easements, rights -of -way, licenses, franchises, permits, and the payment of all fees (including school fees), rights of service and use, all as related to the public improvements and the costs of formation of the CFD and the issuance of special tax bonds and the administration of such bonds and the levy and collection of special taxes and the management and administration of contracts for the construction and acquisition of the public improvements. 1. Street improvements, including as required for the particular streets described below, all clearing, grubbing, grading, trenching, backfill, base, asphalt concrete, curbs, gutters, sidewalks, landscaping (including related irrigation systems and controls), domestic water facilities (including mains, laterals, fire hydrants, valves, meters and appurtenances), sanitary sewer facilities (including mains, laterals, pump stations, manholes and appurtenances), street lighting facilities (including substructures, wiring, control and electroliers), storm drainage facilities (including mains, laterals, inlets, manholes and discharge facilities), underground utility facilities for electricity, gas telephone and CATV (including substructures, vaults, mains, laterals, wires, controls, valves and appurtenances) and street signs, traffic signs, traffic signals, striping and monuments for the followings (a) Mecartney Road from Auginbaugh Way (including conforming intersection improvements) west approximately 1,500 feet with required landscaped median and taper from four or two traffic lanes, including bike lanes; (b) Auginbaugh Way from Mecartney Road southerly to Bay Edge Road approximately 900 feet with completion Improvements (landscaping, sidewalks, street lights and signs) upon the first 400 feet and complete improvements upon the final 500 feet; EXHIBIT A A -1 (c) Bay Edge Road from Auginbaugh Way (including intersection improvements) westerly approximately 580 feet; (d) Catalina Avenue from Fontana Drive to Fir Place southeasterly approximately 1,300 feet (complete improvements to the south side of Catalina Avenue only), and (e) Interior Streets for Neighborhoods A and B as shown on the Tentative Vesting Map of Village V, Tract 5905, on file with the Director of Public Works of the City of Alameda. 2. Storm drainage improvements other than in the above streets, including pipes, inlets, control structures and lagoons with erosion control walls and related stabilization improvements; 3. Public buildings, including fire protection facilities, to be constructed upon the one -acre site located at the southwestern corner of Auginbaugh Way and Mecartney Road and the construction of a four -bay engine house including fire apparatus, related office and sleeping quarters, required fixtures, parking, equipment storage, lighting, water, sewer and utility facilities and conforming landscaping; 4. The acquisition of site for a public school, consisting of approximately 8 acres and located in a portion of Lot 2, Block 4, Tract 3810, as shown on tract maps of the County of Alameda in the City of Alameda; 5. The construction of public park improvements upon 4 of the 12 acres of Lot 2, Block 4, Tract 3810, including all required grading, filling, installation of landscaping and related irrigation systems and controls, playfield equipment, restrooms, public parking facilities, conforming street improvements and street lights; and 6. The improvement of a public park site consisting of approximately 6 acres and located along the westerly boundary of Village V as shown on Tentative Vesting Map, Tract 5905 and adjacent to the San Francisco Bay shoreline. CITY OF ALAMEDA Community Facilities District No. 1 (Harbor Bay) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 1 (Harbor Bay) of the City of Alameda (the "CFD ") shall be levied and collected according to the tax liability determined by the City Council (the "Council ") of the City of Alameda (the "City "), acting in its capacity as the legislative body of the CFD through the application of the appropriate amount or rate for "Developed Property" or "Undeveloped Property ", as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section III below, shall be taxed for the purposes, to the extent and in the manner herein provided. I. DEFINITIONS. The terms hereinafter set forth have the following meanings: "Annual Special Tax" applies only to Developed Property and means the maximum Special Tax that may be levied on any Developed Property after the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on a map of the Alameda County Assessor and which parcel has been assigned a discrete identifying number. "Developed Property" means an Assessor's Parcel in the CFD for which a residential building permit has been issued as of March 1 of the prior Fiscal Year. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Housing Size" means the internal living space of a Developed Property, excluding garages, covered patios, overhangs and other structures not used as living spaces, all as determined by the City from the City - approved building permit for the Developed Property. "Initial Fiscal Year" applies only to Developed Property and means the Fiscal Year starting on July 1 after the issuance of the residential building permit for that Developed Property. "Initial Special Tax" means the maximum Special Tax that may be levied on a Developed Property for the Initial Fiscal Year. "Neighborhood" means the areas within Village V of Harbor Bay Isle as more particularly shown on the finally approved Vesting Tentative Map, Tract 5905, on file in the office of the City Engineer of the City of Alameda, which map is incorporated by this reference. Neighborhood is used to compute Special Taxes under Section III hereof. "Special Tax" means, collectively, the Initial Special Tax, the Annual Special Tax and the Undeveloped Land Tax. "Taxable Property" is all of the area within the boundaries of the CFD which is not exempt from the Special Tax pursuant to law or Section III below. "Tax— Exempt Property" means property within the CFD publicly owned or operated which are normally tax — exempt under California law, including public schools, streets, parks, drainageways, easements, greenbelts and parking facilities. Tax — Exempt EXHIBIT B B -1 Property also means properties owned or designated by the City for private parks, open space, green belts, utility easements, lagoons, walkways, streets parking areas and bikepaths, or otherwise restricted, if, in the event of foreclosure of such property it would be of limited or no value to the purchaser. "Undeveloped Land Tax" means the Special Tax that may be levied on Undeveloped Property under Section III hereof. "Undeveloped Property" means all Taxable Property in the CFD not classified as Developed Property. II. CLASSIFICATION OF PROPERTY. Within 10 days of the beginning of each Fiscal Year, using the definitions in Section I above, the City shall cause each Assessor's Parcel in the CFD to be classified as Tax - Exempt or Taxable Property. Each Taxable Property shall then be classified as Developed or Undeveloped Property. III. APPORTIONMENT, LEVY AND COLLECTION OF SPECIAL TAXES. A. Within 10 days of the beginning of each Fiscal Year, beginning on July 1, 1989 and using the classifications determined under Section II above, the City shall cause the Special Taxes for the Fiscal Year to be apportioned and levied as follows: 1. For Tax - Exempt Property no Special Taxes shall be apportioned or levied. 2. For Taxable Property which is Developed Property and the Initial Special Tax applies under the Definitions in Section 1 above, the Initial Special Tax shall be apportioned and levied using the following table: Housing Size Initial Special Neighborhood (Square Feet) Tax ($) A 3,000 and Over $2,800 2,999 - 2,825 $2,700 2,824 - 2,725 $2,600 2,724 and Under $2,500 B 2,400 and Over $2,400 2,399 - 2,145 $2,300 2,144 - 1,985 $2,200 1,984 - 1,709 $2,100 1,708 and Under $2,000 C 1,600 and Over $1,900 1,599 - 1,450 $1,800 1,449 - 1,200 $1,700 1,199 and Under $1,600 D 2,000 and Over $2,200 1,999 - 1,840 $2,100 1,839 - 1,600 $2,000 1,599 and Under $1,900 EXHIBIT B B -2 Beginning July 1, 1990, and in each Fiscal Year thereafter, the Initial Special Tax set forth in the table above shall be automatically escalated by an amount of 4% of the Initial Special Tax (as escalated) for the previous Fiscal Year. 3. For Taxable Property which is Developed Property and the Annual Special Tax applies under the Definitions in Section I above, the Annual Special Tax shall be apportioned and levied in an amount equal to the Initial Special Tax, as determined and escalated under Section III A 2 above, subject to an escalation in an amount of not to exceed 2% of the Initial Special Tax or the Annual Special tax, as applicable, for the prior Fiscal Year. 4. For Taxable Property which is Undeveloped Property, the Undeveloped Land Tax shall be apportioned and levied only if within 10 days of the beginning of a Fiscal Year, the City determines that revenues from the Special Taxes levied at the maximum rates on Developed Properties, together with any other funds legally available to the City to pay the amounts in clauses (a) —(c) below, will be insufficient to pay in that Fiscal Year: (a) all required debt service on any bonds of the CFD; (b) amounts required to replenish any reserve fund(s) for such bonds; and (c) reasonable administrative expenses of the City for the CFD and such bonds. If the City makes such determination, it shall cause to be computed the amount of such insufficiency and apportion and levy upon the Undeveloped Property, the Undeveloped Land Tax equal to a rate per acre (including fractions thereof) of Undeveloped Property, which rate is the result of dividing the amount of the insufficiency by the number of acres (including fractions thereof) of Undeveloped Property. The Undeveloped Land Tax shall in no event exceed the amount of $40,000 per acre (including fractions thereof). B. The Special Taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same lien priority in the case of delinquency as is provided for ad valorem taxes. The City shall cause the actions required herein to be accomplished for each Fiscal Year in a timely manner to assure that the schedule of the Special Taxes to be collected are received by the Auditor of Alameda County for inclusion with billings for such ad valorem taxes for the applicable Fiscal Year. EXHIBIT B B -3 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 7th of February, 1989, by the following vote to wit: AYES: Councilmembers Arnerich, Thomas and President Corica - 3. NOES: None. ABSENT: Councilmembers Camicia and Monsef - 2. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of February, 1989.