Resolution 13632CITY OF ALAMEDA RESOLUTION NO. 13632
A RESOLUTION OF INTENTION TO ESTABLISH
A COMMUNITY FACILITIES DISTRICT
COMMUNITY FACILITf FS DISTRICT NO 03 -1 OF THE CITY OF ALAMEDA
(BAYPORT MUNICIPAL SERVICES DISTRICT)
RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City ")
State of California, that
WHEREAS, under the City of Alameda Special Tax Financing Improvement Code,
commencing at Subsection 3 -70 -1 of the Alameda City Code (the "Act "), this Council is
authorized to establish a community facilities district and to act as the legislative body of the
community facilities district; and
WHEREAS, this Council now desires to initiate proceedings for the establishment of a
community facilities district m order to finance certain municipal services within the area of the
proposed community facilities district.
NOW, THEREFORE, IT IS ORDERED as follows:
1. Authority. This - Council proposes to conduct proceedings to establish a
community facilities district pursuant to the Act.
2. Name of CFD. The name proposed for the community facilities district is
Community Facilities District No. 03 -1 of the City of Alameda (Bayport Municipal Services
District) (the "CFD ").'
3. Boundaries Described. The proposed boundaries of the CFD are as shown on
the map of it 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, the map of the boundaries of the CFD in the office of
the Alameda County Recorder within fifteen days of the date of adoption of this Resolution, but
in any event at least fifteen days prior to the public hearing specified below.
4. Services. The type of municipal services proposed to be financed by the CFD
and pursuant to the Act shall consist, of those services listed on Exhibit A hereto and hereby
incorporated herein (the "Services ").
5. Special Tax. Except to the extent that funds are otherwise available to the CFD
to pay for the Services, a special tax (the "Special Tax ") sufficient to pay the costs thereof,
secured by recordation of a continuing hen against all non- exempt real property in the CFD, will
be levied annually within the CFD, and collected in the same manner as ordinary ad valorem
property taxes, or in such other manner as this Council or its designee shall determine, including
direct billing of the affected property owners. 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 maximum amount such owner will
have to pay, are described in Exhibit B attached hereto and hereby incorporated herein.
6. Exempt Property. Except as may otherwise be provided by law or by the rate
and method of apportionment of the Special Tax for the CFD, all lands owned by any public
entity, including the United States, the State of California and/or the City, or any departments or
S410269.2
political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to
cover the costs and expenses of the Services and the CFD. 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, this Council will, on behalf of the CFD, increase the levy to the extent necessary
upon the remaining property within the CFD which is not exempt in order to yield the annual
expenses of the CFD, subject to the provisions of the rate and method of apportionment of the
Special Tax.
7. Election. The levy of the Special Tax shall be subject to the approval of the
qualified electors of the CFD at a special election. The proposed voting procedure shall be by
mailed or hand- delivered ballot among the landowners in the proposed CFD, with each owner
having one vote for each acre or portion of an acre such owner owns in the CFD.
8. CFD Report. The City Manager, as the officer having charge and control of the
Services in and for the CFD, or the designee of such officer, is hereby directed to study said
proposed Services and to make, or cause to be made, and file with the City Clerk a report in
writing, (the "CFD Report") presenting the following:
(a) A description of the Services by type, which will be required to adequately
meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Services and incidental
expenses in connection therewith, and all other related costs, including the costs of City
administration of the CFD.
The CFD Report shall be made a part of the record of the public hearing specified below.
9. Public Hearing. October 21, 2003, at 7:30 p.m. or as soon as possible thereafter,
in the Council Chambers, City Hall, 2263 Santa Clara Avenue, Alameda, California, are hereby
fixed as the date, time and place when and where this 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 the Special Tax.
10. Notice of Hearing. The City Clerk is hereby directed to cause notice of the
public hearing to be given by publication one time in a newspaper published in the area of the
CFD. The publication shall be completed at least seven days before the date of the public
hearing specified above. The City Clerk shall also cause notice of the hearing to be given to
each property owner within the CFD by first class mail, postage prepaid, to each such owner's
address as it appears on the most recent tax records of Alameda County or as otherwise known to
the City Clerk to be correct Such mailing shall be completed not less than ten days before the
date of the public hearing. Each of the notices shall be substantially in the form specified in
Subsection 3 -70 -28 of the Act.
11. Consultants. For purposes of the conduct of the proceedings for the CFD, the
City Council hereby appoints the following consultants: Harris Associates, as special tax
consultant and Nixon Peabody LLP, San Francisco, California, as special counsel.
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S410269.2 (redlined 090403)
EXHIBIT A
COMMUNITY FACILI'T'IES DISTRICT NO. 03-1 OF THE CITY OF ALAMEDA
(BAYPORT MUNICIPAL SERVICES DISTRICT)
DESCRIPTION OF SERVICES
Initial Services to be provided by the District
1. Public Safety Services
2. Maintenance of the following publicly owned streets including: pavement resurfacing, special
paving, concrete curbs and gutters, street signs, pavement striping, traffic signals, street lights,
street tree pruning and replacement, landscaping and irrigation system, and bus shelters.
• Portion of Atlantic Avenue (Fifth Street to Main Street)
• Fifth Street (Atlantic to Neptune Gardens Avenue)
• Mosley Avenue (Atlantic to Jack London Avenue)
• Coral Sea Street (Atlantic to Neptune Gardens Avenue)
• Jack London Avenue (Coral Sea Street to Mosely Avenue)
• Neptune Gardens (Coral Sea to Fifth Street)
3. Maintenance of the paved walkways providing access from Bayport to the Main Street linear
park.
4. Maintenance of the interim storm drain detention basin.
Anticipated Future Services to be added.
5. Maintenance of the following publicly owned streets including: pavement resurfacing, special
paving, concrete curbs and gutters, street signs, pavement striping, traffic signals, street lights,
street tree pruning and replacement, landscaping and irrigation system, and bus shelters.
• A portion of Future Tinker Avenue (From Fifth to Main Street)
Fifth Street (Neptune Gardens to Future Tinker Avenue)
Mosley Avenue (Jack London to Future Tinker Avenue)
Coral Sea Street (Neptune Gardens to Future Tinker Avenue)
6. Maintenance of the sanitary sewer pump station and force main near Main Street and Future
Tinker Avenue.
7. Maintenance of the four -acre city park.
8. Maintenance of the permanent outfall structure.
9. Maintenance of the storm water treatment facilities.
Note: All sidewalks within public and private streets, including those abutting on the project side of
Atlantic, Tinker and Fifth Streets will be maintained by the Home Owners Association per the
Covenants Conditions and Restrictions.
tArmil ID
COMMUNITY FACILITIES DISTRICT NO. 03-1 OF
THE CITY OF ALAMEDA
(BAYPORT MUNICIPAL SERVICES DISTRICT)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Community
Facilities District No. 03 -1 of the City of Alameda (Bayport Municipal Services District) (the
"CFD ") and collected each Fiscal Year, commencing in Fiscal Year 2004 -2005, in an amount
determined by the City Council of the City of Alameda (the "City") through the application of the
Rate and Method of Apportionment as described below. All of the real property in the CFD,
unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent
and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the City of Alameda Special Tax Financing Improvement Code (Section 3 -70
of the Alameda City Code), which provides an alternative method of financing certain public
and private capital facilities and municipal services.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of the CFD: the costs of computing the Special Taxes
and preparing the annual Special Tax collection schedules (whether by the City or designee
thereof or both); the costs of collecting the Special Taxes (whether by the County or
otherwise); the costs associated with responding to public inquiries regarding the Special
Taxes; the costs of the City, the CFD or any designee thereof related to an appeal of the
Special Tax; and the City's annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or the
CFD for any other administrative purposes of the District, including attorney's fees and other .
costs related to the collection of delinquent Special Taxes.
"Affordable Home Ownership Unit" means an attached or detached dwelling unit
originally owned and developed by the City's Housing Authority or its non -profit
development partner, Resources for Community Development, and then sold to persons
meeting the qualifying income standards. It is anticipated that the CFD will contain ten (10)
such units.
"Affordable Housing Unit" means an attached or detached dwelling unit owned by the
City's Housing Authority or its non - profit development partner, Resources for Community
Development, and rented to persons meeting the qualifying income standards. It is
anticipated that the CFD will contain ninety -one (91) such units.
"Assessor Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County of
Alameda (the "County") designating parcels by Assessor's parcel number.
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"City" means the City of Alameda.
"CFD" means Community Facilities District No. 03 -1 of the City of Alameda (Bayport
Municipal Services District).
"Council" means the city council of the City.
"Developed Property" means, for each Fiscal Year, all Taxable Property, for which a
building permit for new construction was issued prior to May 1 of the prior Fiscal Year
"Final Mapped Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Developed Property, which as of May 1 of the prior Fiscal Year was located within (i) a final
map, a phased final map, or portion thereof recorded pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.) that creates individual lots for which
building permits may be issued, or (ii) for Condominiums, a final map recorded and a
condominium plan recorded pursuant to California Civil Code Section 1352 creating such
individual lots. The term "Final Mapped Property" shall include any recorded parcel map or
subdivision map or portion thereof which creates individual lots for which a building permit
may be issued, including parcels that are designated as a remainder parcel.
"Finance Director" means the Finance Director of the City or his or her designee.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Homeowners' Association" means the Homeowners' Association established for the
development within the CFD as defined in the Declaration of Covenants, Conditions and
Restrictions of Bayport.
"Homeowners' Association Common Areas" means areas intended for common use by all
residents within the CFD and which are privately maintained by the Homeowners'
Association using funds collected by the Homeowners' Association.
"Homeowners' Association Public Improvements" means public improvements which, by
agreement with the City, are to be maintained by the Homeowners' Association.
"Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax" means the greatest amount of Special Tax that can be levied in
any Fiscal Year determined under this Rate and Method.
"Moderate Income Unit" means an attached or detached dwelling unit that was privately
developed and is privately owned or rented but where ownership or rentals are restricted to
persons meeting the qualifying income standards. 'It is anticipated that the CFD will contain
forty -eight (48) such units.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax
levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal
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Year is equal for all Assessor Parcels of Developed Property. For Final Mapped Property,
"Proportionately" means that the ratio of the actual Special Tax levied in any Fiscal Year to
the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all
Assessor Parcels of Final Mapped Property. For Undeveloped Property, "Proportionately"
means that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum
Special Tax authorized to be levied in that Fiscal Year is equal for all future Assessor Parcels
of Undeveloped Property.
"Public Property" means any property within the boundaries of the CFD that is (i) used for
parks, schools, drainage and detention easements, rights -of -way or any other public purpose
and is owned by or irrevocably offered for dedication to the federal government, the State of
California, the County, the City or, any other public agency or (ii) encumbered by an
unmanned utility easement making impractical its utilization for other than the purpose set
forth in the easement, provided, however, that any property leased by a public agency to a
private entity and subject to taxation under Section 3 -70 -17 of the Act shall be taxed and
classified in accordance with its use.
"Rate and Method" means this Rate and Method of Apportionment of Special Tax.
"Single Family Dwelling Unit" means an attached or detached dwelling unit in private
ownership where ownership is not restricted or qualified because of income.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor
Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement " ,means that amount required in any Fiscal Year for the CFD to
pay the reasonable costs of:
(i) First, the maintenance of public works and park facilities;
(ii) Second, Administrative Expenses;
(iii) Third, amounts required to establish or replenish any reserve funds for public
works and park maintenance that were depleted in prior Fiscal Years;
(iv) Fourth, maintenance of Homeowners' Association Public Improvements not
maintained by, the Homeowners' Association in accordance with its
agreements with the City;
(v) Fifth, reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year;
(vi) Sixth, a contribution to the costs of providing public safety services within
the CFD.
"State" means the State of California.
"Taxable Property" means any Assessor Parcel within the CFD, which is not exempt from
the Special Tax by applicable law or this Rate and Method. "Taxable Property" does not
include Public Property except Public Property leased to a private entity and subject to
taxation under Subsection 3 -70 -17 of the Act. "Taxable Property" does not include
Homeowners' Association Common Areas. "Taxable Property" does not include any
property, foinierly classified as Public Property, which would otherwise be classified as
Undeveloped Property during any period or periods of moratorium, as agreed by the City,
following conveyance of such property from public ownership to private ownership.
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"Taxable Property" does not include property located within any recorded parcel map or
subdivision map or portion thereof, which is zoned for or otherwise, d esignated for
commercial uses.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Final Mapped Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within the CFD shall be classified as Developed
Property, Final Mapped Property or Undeveloped Property and shall be subject to Special
Taxes determined pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX
1 Maximum Special Tax Rates
The Maximum Special Taxes for Taxable Property are identified in Table 1 below.
TABLE 1
MUM SPECIAL TAXES
Land Use Class .
Description
Maximum Special Tax
1
Affordable Housing Unit
(Developed Property)
$0.00
2
Affordable Home
Ownership Unit
(Developed Property)
$960.00
3
Moderate Income Unit
(Developed Property)
$960.00
4
Single Family Dwelling
Unit (Developed
Property)
$1,200.00
5
Final Mapped Property
(designated for
Affordable Home
Ownership Unit)
$960.00
6
Final Mapped Property
(designated for Moderate
Income Unit)
$960.00
1
Final Mapped Property
(designated for Single
Family Dwelling Unit)
$1,200.00
8
Undeveloped Property
$6,330 per acre
S408169.5
2. Increases in the Maximum Special Tax
On each July 1, commencing on July 1, 2007, the Maximum Special Tax shall be
adjusted to account for inflation. The maximum amount of the annual adjustment
shall be the ratio of the Consumer Price Index (CPI) for the San Francisco Bay Area
for the current calendar year to CPI for the San Francisco Bay Area for the previous
calendar year each as of April 1, except that the initial adjustment on July 1, 2007,
shall be the ratio of said CPI for the current calendar year to the CPI as of April 1,
2004.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004 -2005 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the amount
of Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each
Fiscal Year as follows:
First: The Special Tax _shall be levied proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Maximum Special Tax shall be levied Proportionately on
each Assessor's Parcel of Final Mapped Property at up to 100% of the Maximum Special
Tax;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
second step has been completed, the Maximum Special Tax shall be levied Proportionately
on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special
Tax.
E. REVIEW /APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration of the District a
special three- member Review /Appeal Committee. Any landowner or resident who feels that
the amount of the Special Tax, as applicable to his or her Assessor's Parcel, is in error may
file a notice with the Review /Appeal Committee appealing the amount of the Special Tax
levied on such Assessor's Parcel. The Review /Appeal Committee shall interpret this Rate
and Method of Apportionment and make determinations relative to the annual administration
of the Special Tax and any landowner or resident appeals, as herein specified. The decision
of the Review /Appeal Committee shall be final and binding as to all persons.
F. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that the CFD may directly bill the Special Tax,
may collect Special Taxes at a different time or in a different manner if necessary to meet its
financial obligations, and may covenant to foreclose and may actually foreclose on
delinquent Assessor Parcels as permitted by the Act.
S408169.5
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G. TERM OF THE SPECIAL TAX
The Special Tax may be levied in perpetuity to satisfy the Special Tax Requirement.
S408169.5
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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 16th
day of September, 2003, by the following vote to wit:
AYES: Councilmembers Daysog, Gilmore, Matarrese, and
Mayor Johnson - 4.
NOES: Councilmember Kerr - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
17th day of September, 2003.
ay , Jo
Lara Weisiger, City Clerk
City of Alameda