Resolution 14872A-1
CITY OF ALAMEDA RESOLUTION NO. 14872
DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
– ALAMEDA LANDING PUBLIC IMPROVEMENTS
WHEREAS, the Community Improvement Commission of the City of Alameda (the
“CIC”) has entered into a Disposition and Development Agreement (Alameda Landing
Mixed Use Project) with Palmtree Acquisition Corporation (“Palmtree”), dated as of
December 5, 2006 (the “DDA”), the City of Alameda (the “City”) has entered into a
Development Agreement (Alameda Landing Mixed Use Residential Project) with Palmtree,
dated as of January 2, 2007, and the City has entered into a Development Agreement
(Alameda Landing Mixed Use Commercial Project) with Palmtree, dated as of January 16,
2007 (collectively with the DDA, and as each such agreement has been amended and is in
effect on the date hereof, the “Development Agreements”); and
WHEREAS, pursuant to ABx1 26 (as revised by AB 1484), on February 1, 2012, the
Successor Agency of the Community Improvement Commission of the City of Alameda (the
“Successor Agency”) assumed the CIC’s obligations under the DDA by operation of law;
and
WHEREAS, the Successor Agency has included the DDA on each Recognized
Obligation Payment Schedule (the “ROPs”) submitted to and approved by the California
Department of Finance (the “DOF”) in accordance with the requirements of ABx1 26 (as
revised by AB 1484), the DOF has not objected to the inclusion of the DDA on any of the
ROPs, and on May 24, 2013 the DOF issued a Finding of Completion to the Successor
Agency; and
WHEREAS, Catellus Alameda Development, LLC (the “Developer”) is the successor
to Palmtree under the Development Agreements; and
WHEREAS, the Successor Agency and the City, as applicable, have agreed in the
Development Agreements to cooperate with the Developer in the formation of a community
facilities district as and when requested by the Developer in order to finance infrastructure
improvements incident to the development of the land to which the Development
Agreements pertain (the “Alameda Landing Area”); and
WHEREAS, the Developer has requested that the City commence the proceedings
to form a community facilities district; and
WHEREAS, the City of Alameda Special Tax Financing Improvement Code,
constituting Section 3-70.1 et seq. of the Alameda Municipal Code (the “Law”) allows for the
formation of community facilities districts; and
WHEREAS, on July 23, 2013, this City Council adopted a Resolution entitled
“Authorizing the Commencement of Proceedings for the Formation of a Community
Facilities District, Designating Consultants, Approving an Acquisition Agreement and
Authorizing and Directing Certain Related Actions With Respect Thereto – Alameda
Landing,” which Resolution authorized the commencement of proceedings for the formation
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of a community facilities district under the Law and approved an acquisition agreement
between the City and the Developer related thereto; and
WHEREAS, City Staff and consultants have been working with the Developer to
determine various aspects of the proposed community facilities district, as necessary to the
commencement of proceedings to form the community facilities district; and
WHEREAS, under the Law, this City Council is the legislative body for the proposed
community facilities district and is empowered with the authority to establish the community
facilities district and levy special taxes on property located within the community facilities
district; and
WHEREAS, some of the improvements proposed to be financed by the community
facilities district will be owned upon completion by the East Bay Municipal Utility District
(“EBMUD”), and Section 3-70.13 of the Law allows for the City to enter into a joint
community facilities agreement with EBMUD in respect of such improvements; and
WHEREAS, there has been prepared and submitted to the City Council a form of
joint community facilities agreement with EBMUD (the “Joint Community Facilities
Agreement”) for certain water system improvements expected to be financed by the
community facilities district but to be owned by EBMUD upon their completion; and
WHEREAS, this City Council now desires to proceed with the actions necessary to
consider the establishment of the community facilities district to finance public
improvements incident to the development of the Alameda Landing Area and as
contemplated by the Development Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
that:
1. This City Council proposes to begin the proceedings necessary to establish the
community facilities district (the “District”) pursuant to the Law.
2. The name proposed for the District is City of Alameda Community Facilities
District No. 13-1 (Alameda Landing Public Improvements).
3. The proposed boundaries of the District are as shown on the map of the District
on file with the City Clerk, which boundaries are hereby preliminarily approved. The City
Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of
the District in the office of the Alameda County Recorder not later than 15 days after the
date of adoption of this Resolution.
4. The types of public facilities proposed to be eligible for funding by the District and
pursuant to the Law shall consist of those facilities described in Exhibit A hereto (the
“Facilities”), which Exhibit is by this reference incorporated herein.
5. Except to the extent that funds are otherwise available to the District to pay costs
of the Facilities and to pay the principal and interest as it becomes due on bonds issued by
the City for the District to pay costs of 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 District, will be levied annually within the area of the District and collected in the same
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manner as ordinary ad valorem property taxes or in such other manner as this City 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 area of the District, in sufficient detail to allow each landowner or
resident within the proposed District to estimate the maximum amount such owner or
resident will have to pay is described in Exhibit B attached hereto which Exhibit is by this
reference incorporated herein.
6. It is the intention of this City Council, acting as the legislative body for the District,
to cause bonds of the City to be issued for the District pursuant to the Law to finance costs
of the Facilities. If so issued, the bonds shall be in the aggregate principal amount of not to
exceed $20,000,000, shall bear interest payable semi-annually or in such other manner as
this City 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 50 years from the date of the issuance thereof.
7. The levy of the proposed special tax in the District shall be subject to the approval
of the qualified electors of the District at a special election. The proposed voting procedure
shall be by mailed or hand-delivered ballot among the landowners in the area of the
proposed District, with each owner having one vote for each acre or portion of an acre of
land such owner owns in the area of the District.
8. Except as may otherwise be provided by law or the rate and method of
apportionment of the special tax for the District, all lands owned by any public entity,
including the United States, the State of California and/or the City, or any departments or
political subdivisions of any thereof, shall be omitted from the levy of the special tax to be
made to cover the costs and expenses of the Facilities, the issuance of bonds by the City
for the District and any expenses of the District.
9. The Director of Public Works of the City is hereby directed to study the 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 brief description of the Facilities proposed to be eligible to be financed by
the District.
(b) An estimate of the cost of providing the Facilities, including the costs of the
proposed bond financing and any City administrative costs.
Said report shall be made a part of the record of the public hearing provided for
below.
10. Tuesday, January 7, 2014, at 7:00 p.m. or as soon thereafter as the matter may
be heard, in the regular meeting place of this City Council, City Council Chambers, City
Hall, 2263 Santa Clara Avenue, Alameda, California, are hereby set as the time and place
when and where this City Council, as legislative body for the District, will conduct a public
hearing on the establishment of the District and consider and finally determine whether the
public interest, convenience and necessity require the formation of the District and the levy
of the special tax within the area of the District.
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11. The Joint Community Facilities Agreement between the City and EBMUD
related to certain water system improvements proposed to be funded by the CFD but to be
owned by EBMUD when completed, in the form on file with the City Clerk, is hereby
approved. The City Manager is hereby authorized to execute and deliver the Joint
Community Facilities Agreement in said form, with such additions thereto or changes
therein as the City Manager, upon consultation with the City Attorney and Bond Counsel,
shall deem necessary, desirable or appropriate, the approval of such additions or changes
to be conclusively evidenced by the execution and delivery by the City Manager of the Joint
Community Facilities Agreement.
12. The City may accept advances of funds or work in-kind from any owner of
property in the District, and may use those funds or that work in-kind for any authorized
purpose of the District, as contemplated by 3-70.9 of the Law. The District may repay any
funds so advanced or the value or cost of the work in-kind, subject to the requirements of
3-70.9 of the Law, on such terms and under such conditions as this City Council, acting as
legislative body of the District, may establish.
13. The City Clerk is hereby directed to cause notice of the public hearing described
in Section 10 above to be given by publication one time in a newspaper published in the
area of the District. The publication of the notice shall be completed at least seven days
before the date herein set for the public hearing. The notice shall be substantially in the
form of Exhibit C hereto.
14. This Resolution shall take effect upon its adoption.
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EXHIBIT A
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 13-1
(ALAMEDA LANDING PUBLIC IMPROVEMENTS)
DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT
FACILITIES
The District shall be eligible to finance all or a portion of the costs of the
following:
The acquisition and construction of: roadways, sanitary sewer systems and
any components thereof, stormwater drainage systems and any components thereof, water
systems and any components thereof, parks and park improvements, curbs, gutters and
sidewalks, and street lights and traffic signals, all within and in the vicinity of the CFD;
including the acquisition of any related right-of-way and other land needed for the
installation of any such improvements, demolition of existing structures and site leveling
needed for the installation of any such improvements, erosion control, landscaping, joint
trench, acquisition and installation of street furniture, and other appurtenances.
The facilities eligible to be financed shall include the costs of design,
engineering and planning, the costs of any environmental or other studies, surveys or
reports, the cost of any required environmental mitigation, soils testing, permits, plan check
and inspection fees, insurance, legal and related overhead costs, coordination and
supervision, City of Alameda staff and consultant costs, and any other costs or
appurtenances related to any of the public improvements to be financed or any of the
foregoing.
OTHER
The District may also finance any of the following:
1. Bond related expenses, including underwriters discount, appraisal and
absorption study costs, reserve fund, capitalized interest, financial advisor, special tax
consultant, bond counsel and underwriters’ counsel fees and expenses, landowner counsel
fees and expenses, official statement printing, and all other incidental expenses.
2. Administrative fees of the City and the Bond trustee or fiscal agent related
to the District and the Bonds.
3. Reimbursement of costs related to the formation of the District advanced
by the City, any landowner in the District, or any party related to any of the foregoing, as
well as reimbursement of any costs advanced by the City, any landowner in the District or
any party related to any of the foregoing, for facilities or other purposes or costs of the
District.
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
FOR CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 13-1
(ALAMEDA LANDING PUBLIC IMPROVEMENTS)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in
City of Alameda Community Facilities District No. 13-1 (Alameda Landing Public Improvements)
(the “CFD”) and collected each Fiscal Year, commencing in Fiscal Year 2013-2014, in an amount
determined by the City Council of the City of Alameda (the “City”) or its designee 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:
“Acre” or “Acreage” means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the
land area shown on the applicable final map, parcel map, condominium plan, or other
recorded County parcel map. The square footage of an Assessor’s Parcel is equal to the
Acreage multiplied by 43,560.
“Act” means the City of Alameda Special Tax Financing Improvement Code (Section 3-70
of the Alameda Municipal Code), which provides an alternative method of financing certain
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 of remitting the Special Taxes to the Trustee; the costs of the Trustee
(including its legal counsel) in the discharge of the duties required of it under the Indenture;
the costs to the City, CFD or any designee thereof of complying with arbitrage rebate
requirements applicable to any Bonds; the costs to the City, CFD or any designee thereof of
complying with the continuing disclosure requirements associated with applicable federal
and state securities laws applicable to any Bonds and of the Act; the costs associated with
preparing Special Tax disclosure statements; 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 to be
needed for or advanced by the City or the CFD for any other administrative purposes of the
CFD, including attorney’s fees and other costs related to the collection of delinquent Special
Taxes and the administration and payment of any Bonds.
“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 or a partnership formed for the purpose of securing low-income housing tax
credit financing, and rented to persons or families meeting the qualifying income standards
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for low income and very low income households as defined by California Health and Safety
Code Sections 50079.5 and 50105, or any successor statute thereto.
“Alternative Developed Property” means, for any Fiscal Year, all Developed Property,
Final Mapped Property or Undeveloped Property beginning with the Successor Agency’s
initial conveyance of any lot or dwelling unit.
“Assessor’s 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
designating parcels by Assessor’s parcel number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the
County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section C.1
below.
"Backup Special Tax" means the Special Tax of that name described in Section C.2 below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form of
bonds, notes, certificates of participation, long-term leases, or any refunding thereof, to
which Special Taxes have been pledged.
“Bond Issuance” means the date on which the Bonds are first issued by the City for the
CFD.
"Building Permit" means a permit for the construction of a residential dwelling or non-
residential structure. For purposes of this definition, "Building Permit" shall not include
permits for construction or installation of retaining walls, utility improvements, or other such
improvements not constituting a residential dwelling or non-residential structure.
“Building Square Feet” means all of the square footage of the structure not including any
carport, walkway, garage, overhang, patio, enclosed patio or similar area. The determination
of Building Square Feet shall be made by reference to the Building Permit for the applicable
Assessor’s Parcel or similar document selected by the CFD Administrator. Once such
determination has been made for an Assessor’s Parcel, it shall remain fixed for all future
Fiscal Years.
"Calendar Year" means the period commencing January 1 of any year and ending the
following December 31.
“Capitalized Interest” means proceeds of the Bonds which are deposited in a Debt Service
Fund or the equivalent thereof and available to pay debt service on Bonds.
“Capitalized Interest Period” means any Fiscal Year containing an Interest Payment Date
for which Capitalized Interest is available to pay Debt Service or any portion thereof on the
Bonds, not to exceed four Interest Payment Dates after Bond issuance.
“CFD” means City of Alameda Community Facilities District No. 13 -1 (Alameda Landing
Public Improvements).
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“CFD Administrator” means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of Special
Taxes.
“City” means the City of Alameda.
“Council” means the City Council of the City.
“County” means the County of Alameda.
“Debt Service” means the total amount of principal and interest due and payable in any
Calendar Year on any Bonds of the CFD.
“Debt Service Fund” means that fund established pursuant to the Indenture from which
Debt Service is paid.
“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.
"Exempt Property" means all Assessor’s Parcels designated as being exempt from Special
Taxes pursuant to Section E.
“Final Mapped Property” means for each Fiscal Year all Taxable Property, exclusive of
Developed Property, which as of January 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 or any successor
statute thereto 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.
“First Year Prorated Special Tax” means a Special Tax collected once for each
Assessor’s Parcel, or if an Assessor’s Parcel Number has not yet been assigned, a lot of
Final Mapped Property, of Alternative Developed Property on the date when it is first
designated as Alternative Developed Property. The First Year Prorated Special Tax shall be
calculated as of May 1 and equal 100% of the Maximum Special Tax that can be levied on
such Assessor’s Parcel for the current Fiscal Year, prorated to cover only the remainder of
the current Fiscal Year based upon the remaining number of days in the fiscal year from the
date it became Alternative Developed Property.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“Indenture” means the indenture of trust, trust agreement, bond indenture, fiscal agent
agreement, resolution or other instrument pursuant to which Bonds are issued, as modified,
amended and/or supplemented from time to time.
“Interest Payment Date” means any date on which the scheduled payment of interest on
any Bond is due and payable.
“Land Use Class” means any of the classes listed in Table 1 below.
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“Lot” means an individual legal lot for which a Building Permit could be issued.
“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 or families meeting the qualifying income standards for moderate income
households as defined by California Health and Safety Code Sections 50093, or any
successor statute thereto.
“Multi-Family Dwelling Unit” means all Assessor’s Parcels of Developed Property for
which a building permit was issued for construction of a residential structure containing
residential dwelling Units within a building or buildings comprised of attached residential
dwelling Units, all of which are made available for rental or ownership by the general public.
“Non-Residential Property” means all Assessor Parcels of Developed Property for which a
Building Permit(s) has been issued for purposes of constructing a building that has any type
of non-residential use.
“Partial Prepayment Amount” means the amount required to prepay a portion of the
Special Tax obligation for an Assessor’s Parcel, as described in Section H.
“Prepayment Amount” means the amount required to prepay the Special Tax obligation in
full for an Assessor’s Parcel, as described in Section H.
“Project Fund” means, prior to Bond Issuance, that fund established by the City and into
which Special Tax revenues shall be deposited. On the date of Bond Issuance, the City shall
transfer all amounts then on deposit in the Project Fund to the Trustee for deposit in a fund
by the same name or an improvement fund to be established pursuant to the provisions of
the Indenture.
“Project Fund Requirement” means $17,206,135.00.
“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
Year is equal for all Assessor’s 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’s 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’s
Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to
other categories of Taxable Property as listed in Section D below.
“Public Facilities” means the facilities eligible to be funded by the District.
“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 purposes other than the
purpose set forth in the easement, provided, however, that any property leased by a public
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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.
“Reserve Fund” means any fund established pursuant to the Indenture to pay Debt Service
on the Bonds in the event that funds on deposit in the Debt Service Fund are insufficient to
make such payments.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a
Building Permit has been issued for purposes of constructing one or more residential
dwelling units.
“Single Family Detached Dwelling Unit” means all Assessor’s Parcels of Developed
Property for which a building permit was issued for construction of a residential structure that
has a single residential Unit that does not share a common wall with another 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’s
Parcel of Taxable Property to fund the Special Tax Requirement (Pre -Bond Issuance) or
Special Tax Requirement (Post-Bond Issuance), as applicable.
“Special Tax Requirement (Pre-Bond Issuance)” means, for any Fiscal Year
commencing prior to the date on which Bond Issuance occurs, the amount required in any
such Fiscal Year to (i) pay Administrative Expenses payable or reasonably expected to be
payable during such Fiscal Year, plus (ii) provide for the collection or accumulation of funds
in the Project Fund to be used for the acquisition or construction of Public Facilities;
provided, however, that the aggregate amount on deposit therein shall not exceed the
Project Fund Requirement.
“Special Tax Requirement (Post-Bond Issuance)” means, for any Fiscal Year
commencing with the Fiscal Year following the date on which Bond Issuance occurs, the
amount required in any Fiscal Year to pay (i) the Debt Service or the periodic costs on all
outstanding Bonds due and payable in the Calendar Year that commences in such Fiscal
Year, plus (ii) Administrative Expenses payable or reasonably expected to be payable during
the Calendar Year that commences in such Fiscal Year, plus (iii) the costs associated with
the release of funds from an escrow account, if any, plus (iv) any amount required to
establish or replenish any Reserve Fund, plus (v) the collection or accumulation of funds in
the Project Fund, provided, however, that the aggregate amount on deposit therein shall not
exceed the Project Fund Requirement, plus (vi) an amount equal to reasonably anticipated
delinquent Special Taxes as determined by the CFD Administrator, less (vii) any amount
available to pay Debt Service or other periodic costs on the Bonds pursuant to the provisions
of the Indenture or this Rate and Method of Apportionment, including Capitalized Interest.
“State” means the State of California.
“Successor Agency” means the City as the Successor Agency to the City’s former
Community Improvement Commission.
“Taxable Property” means any Assessor’s 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 excluding property classified as Affordable
Housing Units.
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“Trustee” means the entity acting as trustee, fiscal agent or paying agent, as applicable,
under the Indenture.
“Undeveloped Property” means for each Fiscal Year all Taxable Property not classified as
Developed Property or Final Mapped Property.
"Unit" means each separate residential dwelling unit which comprises an independent
facility capable of conveyance separate from adjacent residential dwelling units.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within the CFD shall be classified by the CFD
Administrator as Developed Property, Final Mapped Property or Undeveloped Property and
shall be subject to Special Taxes determined pursuant to Sections C and D below. Once
Taxable Property has been assigned to a Developed Property Classification by the CFD
Administrator, it shall remain in that classification for all future Fiscal Years.
C. MAXIMUM SPECIAL TAX
1. Assigned Special Tax Rates
The Assigned Special Taxes for Taxable Property are identified in Table 1 below.
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TABLE 1
ASSIGNED SPECIAL TAXES
Land Use
Class Description Building
Square Feet
Assigned
Special Tax
Taxable Developed Property
1 Single Family Detached Dwelling Unit > 2,900 $4,498.00 per Unit
2 Single Family Detached Dwelling Unit 2,751 - 2,900 4,278.00 per Unit
3 Single Family Detached Dwelling Unit 2,601 - 2,750 4,058.00 per Unit
4 Single Family Detached Dwelling Unit 2,451 - 2,600 3,836.00 per Unit
5 Single Family Detached Dwelling Unit 2,301 - 2,450 3,653.00 per Unit
6 Single Family Detached Dwelling Unit 2,151 - 2,300 3,616.00 per Unit
7 Single Family Detached Dwelling Unit 2,001 - 2,150 3,321.00 per Unit
8 Single Family Detached Dwelling Unit 0 - 2,000 3,064.00 per Unit
9 Multi-Family Dwelling Unit > 2,300 3,064.00 per Unit
10 Multi-Family Dwelling Unit 2,151 - 2,300 2,880.00 per Unit
11 Multi-Family Dwelling Unit 2,001 - 2,150 2,696.00 per Unit
12 Multi-Family Dwelling Unit 1,851 -2,000 2,513.00 per Unit
13 Multi-Family Dwelling Unit 1,701 - 1,850 2,401.00 per Unit
14 Multi-Family Dwelling Unit 1,551 - 1,700 2,144.00 per Unit
15 Multi-Family Dwelling Unit 1,401 - 1,550 2,034.00 per Unit
16 Multi-Family Dwelling Unit 1,251 - 1,400 1,923.00 per Unit
17 Multi-Family Dwelling Unit 1,101 - 1,250 1,776.00 per Unit
18 Multi-Family Dwelling Unit 0 - 1,100 1,408.00 per Unit
19 Non-Residential Property NA 1.54 per Building
Square Foot
Taxable Property
20 Final Mapped Property NA 1.50 per Lot Square Foot
21 Undeveloped Property NA 1.50 per Lot Square Foot
2. Backup Special Tax Rates
TABLE 2
BACKUP SPECIAL TAXES
Description Rate
Developed Property $1.50 per Lot Square Foot
Final Mapped Property 1.50 per Lot Square Foot
Undeveloped Property 1.50 per Lot Square Foot
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3. Maximum Special Tax
The Maximum Special Tax for parcels classified as Developed Property and Final
Mapped Property will equal the greater of the Assigned Special Tax or the Backup
Special Tax.
4. Maximum Special Tax for Moderate Income/Affordable Housing Units
Taxable Property classified as Moderate Income Unit(s) will be taxed at a Maximum
Special Tax equal to 50% of their Assigned Special Tax in Tab le 1. Assessor’s
Parcels classified as Affordable Housing Unit(s) will be exempt from the Special Tax
as long as they remain classified as such. There can be no more than sixteen (16)
Moderate Income Units.
5. Increases in the Maximum Special Tax
On each July 1, commencing on July 1, 2014, the Maximum Special Tax for each
class of property shall be increased by 3% over the Maximum Special Tax then in
effect.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2013-2014 and for each following Fiscal Year, the CFD
Administrator shall determine the Special Tax Requirement and the City shall levy the
Special Tax until the amount of Special Taxes equal the Special Tax Requirement.
1. Prior to Bond Issuance
For each Fiscal Year commencing prior to the date on which Bond Issuance occurs, the City
shall levy a Special Tax on all Taxable Property within the CFD in accordance with the
following steps:
First: Determine the Special Tax Requirement (Pre-Bond Issuance):
a) Calculate the Administrative Expenses of the CFD for such Fiscal Year.
b) Calculate the amount which may be levied in such Fiscal Year to increase
the balance on deposit in the Project Fund to equal the Project Fund
Requirement. Such amount shall equal the aggregate Special Taxes which
may be levied on all Taxable Property at 100% of the applicable Assigned
Special Tax rates in Table 1 less the amounts calculated in (a).
c) Calculate the sum of items (a) and (b) to arrive at the Special Tax
Requirement (Pre-Bond Issuance).
Second: Levy the Special Tax Requirement Proportionately on each Assessor’s Parcel of
Taxable Property up to 100% of the applicable Assigned Special Tax rates in Table 1.
2. After Bond Issuance
For each Fiscal Year commencing with the Fiscal Year following the date on which Bond
Issuance occurs, the City shall levy a Special Tax on all Taxable Property within the CFD in
accordance with the following steps:
First: Determine the Special Tax Requirement (Post-Bond Issuance):
a) Calculate the Debt Service or periodic costs on all outstanding Bonds.
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b) Calculate the Administrative Expenses of the CFD for such Fiscal Year.
c) Calculate any amount required to establish or replenish any Reserve Fund.
d) Calculate the amount which must be levied in such Fiscal Year to increase
the balance on deposit in the Project Fund (including the proceeds of Bonds
deposited or projected to be deposited in the Project Fund in such Fiscal
Year) to equal the Project Fund Requirement. No amount may be included in
the Special Tax Requirement (Post Bond Issuance) to be deposited in the
Project Fund if such deposit would cause the amount on deposit therein to
exceed the Project Fund Requirement.
e) Calculate the sum of items (a) through (d).
g) Subtract from item (e), any amounts available to pay Debt Service or other
periodic costs on the Bonds including Capitalized Interest to arrive at the
Special Tax Requirement (Post-Bond Issuance).
Second: Levy the Special Tax Proportionately on each Assessor's Parcel of Developed
Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special
Tax Requirement.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
second step has been completed, the Special Tax shall be levied Proportionately
on each Assessor’s Parcels of Final Mapped Property at up to 100% of the
Assigned Special Tax applicable to each such Assessor’s Parcel as needed to
satisfy the Special Tax Requirement.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
third step has been completed, the Special Tax shall be levied Proportionately on
each Assessor’s Parcel of Undeveloped Property at up to 100% of the Assigned
Special Tax applicable to each such Assessor’s Parcel as needed to satisf y the
Special Tax Requirement.
Fifth: If the sum of the amounts collected in the second, third, and fourth steps is
insufficient to satisfy the Special Tax Requirement, then the Special Tax on each
Assessor's Parcel of Developed Property whose Maximum Special Tax is the
Backup Special Tax shall be increased Proportionately from the Assigned Special
Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax
Requirement.
Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the
second through fifth steps have been completed, the Special Tax on each
Assessor’s Parcel of Final Mapped Property whose Maximum Special Tax is the
Backup Special Tax shall be increased Proportionately from the Assigned Special
Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax
Requirement.
E. EXEMPTIONS
The City shall not levy Special Taxes on Public Property within the boundaries of the CFD,
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 excluding property classified as Affordable Housing Units.
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F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that the City reserves the right to provide for any
alternative method of collection, including but not limited to (a) direct billing and (b) billing,
whether direct or through the services of the County, at different times, upon the CFD
Administrator making a determination that such alternative method of collection better
enables the CFD to meet its financial obligations. The City may covenant to foreclose and
may actually foreclose on Assessor’s Parcels with delinquent Special Taxes as permitted by
the Act. The direct billing of the Special Tax may include the collection of the First Year
Prorated Special Tax with respect to an Assessor Parcel on the date that such Assessor’s
Parcel becomes Alternative Developed Property.
G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct
may file a written notice of appeal with the CFD Administrator not later than one calenda r
year after having paid the Special Tax that is disputed. The CFD Administrator shall
promptly review the appeal and, if necessary, meet with the property owner, consider written
and oral evidence regarding the amount of the Special Tax, and decide the ap peal. If the
property owner disagrees with the CFD Administrator’s decision relative to the appeal, the
owner may then file a written appeal with the City Council whose subsequent decision shall
be binding. If the decision of the CFD Administrator (if the appeal is not filed with the City
Council) or the City Council (if the appeal is filed with the City Council) requires the Special
Tax to be modified in favor of the property owner, no cash refund shall be made for prior
years’ Special Tax levies, but an adjustment shall be made to the next Special Tax levy(ies).
This procedure shall be exclusive and its exhaustion by any property owner shall be a
condition precedent to filing any legal action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“Future Facilities Costs” means amount required to fully fund the Project Fund
Requirement less Public Facilities costs funded by Previously Issued Bonds by the CFD,
interest earnings on the Project Fund actually earned prior to the date of prepayment,
Special Taxes collected for the Project Fund Requirement, and/or any other source of Public
Facilities funding.
“Outstanding Bonds” means all previously issued bonds issued and secured by the levy of
Special Taxes, which will remain outstanding after the first interest and/or principal payment
date following the current Fiscal Year, excluding bonds to be redeemed at a later date with
the proceeds of prior prepayments of Maximum Special Taxes.
“Previously Issued Bonds” means all Bonds that have been issued by the CFD prior to
the date of prepayment.
1. Prepayment in Full
The obligation of an Assessor's Parcel of Developed Property or Undeveloped Property for
which a Building Permit has been issued to pay the Special Tax may be prepaid and
permanently satisfied as described herein; provided that a prepayment may be made only
after Bonds have been issued for the CFD, and only if there are no delinquent Special Taxes
with respect to such Assessor's Parcel at the time of prepayment. An owner of an
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Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD
Administrator with written notice of intent to prepay. Within 30 days of receipt of such written
notice, the CFD Administrator shall notify such owner of the prepayment amount of such
Assessor's Parcel. Prepayment must be made not less than 60 days prior to any Interest
Payment Date for any Bonds to be redeemed with the proceeds of such prepaid Special
Taxes. The CFD Administrator may charge a fee for providing this service.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Future Facilities Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall
be calculated as follows:
Step Number:
1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For Assessor’s Parcels of Developed Property, compute the Maximum Special Tax
for the Assessor’s Parcel to be prepaid. For Assessor’s Parcels of Undeveloped
Property to be prepaid, compute the Maximum Special Tax for that Assessor’s
Parcel as though it was already designated as Developed Property, based upon the
building permit which has already been issued for that Assessor’s Parcel.
3. Divide the Maximum Special Tax computed pursuant to Step 2 by the total
estimated Maximum Special Taxes based on the Developed Property Special
Tax which could be charged, less any Assessor’s Parcels which have been prepaid.
4. Multiply the quotient computed pursuant to Step 3 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond
Redemption Amount”).
5. Compute the current Future Facilities Costs.
6. Multiply the quotient computed pursuant to Step 3 by the total Future Facilities Costs
to compute the amount of the Future Facilities Am ount to be retired and prepaid (the
“Future Facilities Amount”).
7. Multiply the Bond Redemption Amount computed pursuant to Step 4 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the “Redemption Premium”).
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8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal
Year which have not yet been paid.
10. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount less the Administrative Fees and Expenses
from the date of prepayment until the redemption date for the Outstanding Bonds to
be redeemed with the prepayment.
11. Add the amounts computed pursuant to Steps 8 and 9 and subtract the amount
computed pursuant to Step 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses, including the costs of computation of
the prepayment, the costs to invest the prepayment proceeds, the costs of
redeeming the Outstanding Bonds, and the costs of recording any notices to
evidence the prepayment and the redemption (the “Administrative Fees and
Expenses”).
13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of:
(a) the expected reduction in the reserve requirement (as defined in the Indenture),
if any, associated with the redemption of Outstanding Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement
(as defined in the Indenture) in effect after the redemption of Outstanding Bonds as
a result of the prepayment from the balance in the reserve fund on the prepayment
dale, but in no event shall such amount be less than zero.
14. The Maximum Special Tax prepayment is equal to the sum of the amounts
computed pursuant to Steps 4, 6, 7, 11 and 12, less the amount computed pursuant
to Step 13 (the “Prepayment Amount”).
15. From the Prepayment Amount, the amounts computed pursuant to Steps 14 shall be
deposited into the appropriate fund as established under the Indenture and be used
to retire Outstanding Bonds, make debt service payments, or to deposit in the
Project Fund to the extent that the project fund requirement has not been satisfied .
Except that the amount computed pursuant to Step 12 shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment amount that is not $5,000 or integral multiple thereof
will be retained in the appropriate fund established under the Indenture to be used with the
next prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year’s Special Tax levy as determined under
Step 9 (above), the CFD Administrator shall remove the current Fiscal Year’s Special Tax
levy for such Parcel from the County tax rolls. With respect to any Parcel that is prepaid in
full, the CFD Administrator shall cause a suitable notice to be recorded in compliance with
the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien
on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay the Special
Tax shall cease.
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Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Special Taxes that may be levied on Taxable Property both prior to and
after the proposed prepayment is at least 1.1 times the maximum annual debt service on all
Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on a Parcel of Developed Property or Undeveloped Property for
which a building permit has been issued may be partially prepaid in increments of $2,000.
The amount of the prepayment shall be calculated as in Section H.1; except that a partial
prepayment shall be calculated according to the following formula:
PP = PE x F
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.1
F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum
Special Tax.
The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special
Tax shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the
Maximum Special Tax, (ii) the amount of partial prepayment expressed in increments of
$5,000, and (iii) the company or agency that will be acting as the escrow agent. Partial
prepayment must be made not less than 60 days prior to any redemption date for any Bonds
to be redeemed with the proceeds of such prepaid Special Taxes. The CFD Administrator
may charge a fee for providing this service.
With respect to any Assessor’s Parcel that is partially prepaid, the Administrator shall (i)
distribute the funds remitted to it according to Step 15 of Section H.1, and (ii) indicate in the
records of the CFD that there has been a partial prepayment of the Maximum Special Tax
and that a portion of the Maximum Special Tax equal to the outstanding percentage (1.00 -
F) of the remaining Maximum Special Tax shall continue to be authorized to be levied on
such Assessor’s Parcel pursuant to Section D.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of
Special Taxes that may be levied on Taxable Property after such partial prepayment, net of
Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest
and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
I. INTERPRETATION OF SPECIAL TAX FORMULA
The City Council reserves the right to make minor administrative and technical changes to
this document that do not materially affect the rate and method of apportioning Special
Taxes. In addition, the interpretation and application of any section of this document shall be
left to the City Council’s discretion. Interpretations may be made by the City Council by
ordinance or resolution for purposes of clarifying any vagueness or ambiguity in the Rate
and Method of Apportionment of Special Taxes.
J. TERM OF THE SPECIAL TAX
The Special Tax may be levied for no more than 45 years from Bond Issuance.
EXHIBIT C
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 13-1
(ALAMEDA LANDING PUBLIC IMPROVEMENTS)
NOTICE OF PUBLIC HEARING
Notice is hereby given that on December 3, 2013, the City Council of the City
of Alameda adopted a Resolution Declaring Intention To Establish A Community Facilities
District And To Authorize The Levy Of Special Taxes Therein – Alameda Landing Public
Improvements (the “Resolution of Intention”). Pursuant to the Resolution of Intention and
the City of Alameda Special Tax Financing Improvement Code, the City Council of the City
of Alameda hereby gives notice as follows:
A. The text of the Resolution of Intention is as follows:
WHEREAS, the Community Improvement Commission of the City of
Alameda (the “CIC”) has entered into a Disposition and Development Agreement
(Alameda Landing Mixed Use Project) with Palmtree Acquisition Corporation
(“Palmtree”), dated as of December 5, 2006 (the “DDA”), the City of Alameda (the
“City”) has entered into a Development Agreement (Alameda Landing Mixed Use
Residential Project) with Palm tree, dated as of January 2, 2007, and the City has
entered into a Development Agreement (Alameda Landing Mixed Use Commercial
Project) with Palmtree, dated as of January 16, 2007 (collectively with the DDA, and
as each such agreement has been amended and is in effect on the date hereof, the
“Development Agreements”); and
WHEREAS, pursuant to ABx1 26 (as revised by AB 1484), on
February 1, 2012, the Successor Agency of the Community Improvement
Commission of the City of Alameda (the “Successor Agency”) assumed the CIC’s
obligations under the DDA by operation of law; and
WHEREAS, the Successor Agency has included the DDA on each
Recognized Obligation Payment Schedule (the “ROPs”) submitted to and approved
by the California Department of Finance (the “DOF”) in accordance with the
requirements of ABx1 26 (as revised by AB 1484), the DOF has not objected to the
inclusion of the DDA on any of the ROPs, and on May 24, 2013 the DOF issued a
Finding of Completion to the Successor Agency; and
WHEREAS, Catellus Alameda Development, LLC (the “Developer”) is
the successor to Palmtree under the Development Agreements; and
WHEREAS, the Successor Agency and the City, as applicable, have
agreed in the Development Agreements to cooperate with the Developer in the
formation of a community facilities district as and when requested by the Developer
in order to finance infrastructure improvements incident to the development of the
land to which the Development Agreements pertain (the “Alameda Landing Area”);
and
WHEREAS, the Developer has requested that the City commence the
proceedings to form a community facilities district; and
WHEREAS, the City of Alameda Special Tax Financing Improvement
Code, constituting Section 3-70.1 et seq. of the Alameda Municipal Code (the “Law”)
allows for the formation of community facilities districts; and
WHEREAS, on July 23, 2013, this City Council adopted a Resolution
entitled “Authorizing the Commencement of Proceedings for the Formation of a
Community Facilities District, Designating Consultants, Approving an Acquisition
Agreement and Authorizing and Directing Certain Related Actions With Respect
Thereto – Alameda Landing,” which Resolution authorized the commencement of
proceedings for the formation of a community facilities district under the Law and
approved an acquisition agreement between the City and the Developer related
thereto; and
WHEREAS, City Staff and consultants have been working with the
Developer to determine various aspects of the proposed community facilities district,
as necessary to the commencement of proceedings to form the community facilities
district; and
WHEREAS, under the Law, this City Council is the legislative body for
the proposed community facilities district and is empowered with the authority to
establish the community facilities district and levy special taxes on property located
within the community facilities district; and
WHEREAS, some of the improvements proposed to be financed by
the community facilities district will be owned upon completion by the East Bay
Municipal Utility District (“EBMUD”), and Section 3-70.13 of the Law allows for the
City to enter into a joint community facilities agreement with EBMUD in respect of
such improvements; and
WHEREAS, there has been prepared and submitted to the City
Council a form of joint community facilities agreement with EBMUD (the “Joint
Community Facilities Agreement”) for certain water system improvements expected
to be financed by the community facilities district but to be owned by EBMUD upon
their completion; and
WHEREAS, this City Council now desires to proceed with the actions
necessary to consider the establishment of the community facilities district to finance
public improvements incident to the development of the Alameda Landing Area and
as contemplated by the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Alameda that:
1. This City Council proposes to begin the proceedings necessary to
establish the community facilities district (the “District”) pursuant to the Law.
2. The name proposed for the District is City of Alameda Community
Facilities District No. 13-1 (Alameda Landing Public Improvements).
3. The proposed boundaries of the District are as shown on the map
of the District on file with the City Clerk, which boundaries are hereby preliminarily
approved. The City Clerk is hereby directed to record, or cause to be recorded, the
map of the boundaries of the District in the office of the Alameda County Recorder
not later than 15 days after the date of adoption of this Resolution.
4. The types of public facilities proposed to be eligible for funding by
the District and pursuant to the Law shall consist of those facilities described in
Exhibit A hereto (the “Facilities”), which Exhibit is by this reference incorporated
herein.
5. Except to the extent that funds are otherwise available to the
District to pay costs of the Facilities and to pay the principal and interest as it
becomes due on bonds issued by the City for the District to pay costs of 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 District, will be levied
annually within the area of the District and collected in the same manner as ordinary
ad valorem property taxes or in such other manner as this City 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 area of the District, in sufficient detail to allow each
landowner or resident within the proposed District to estimate the maximum amount
such owner or resident will have to pay is described in Exhibit B attached hereto
which Exhibit is by this reference incorporated herein.
6. It is the intention of this City Council, acting as the legislative body
for the District, to cause bonds of the City to be issued for the District pursuant to the
Law to finance costs of the Facilities. If so issued, the bonds shall be in the
aggregate principal amount of not to exceed $20,000,000, shall bear interest payable
semi-annually or in such other manner as this City 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 50 years from the
date of the issuance thereof.
7. The levy of the proposed special tax in the District shall be subject
to the approval of the qualified electors of the District at a special election. The
proposed voting procedure shall be by mailed or hand-delivered ballot among the
landowners in the area of the proposed District, with each owner having one vote for
each acre or portion of an acre of land such owner owns in the area of the District.
8. Except as may otherwise be provided by law or the rate and
method of apportionment of the special tax for the District, all lands owned by any
public entity, including the United States, the State of California and/or the City, or
any departments or political subdivisions of any thereof, shall be omitted from the
levy of the special tax to be made to cover the costs and expenses of the Facilities,
the issuance of bonds by the City for the District and any expenses of the District.
9. The Director of Public Works of the City is hereby directed to study
the 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 brief description of the Facilities proposed to be
eligible to be financed by the District.
(b) An estimate of the cost of providing the Facilities,
including the costs of the proposed bond financing and any City
administrative costs.
Said report shall be made a part of the record of the public hearing
provided for below.
10. Tuesday, January 7, 2014, at 7:00 p.m. or as soon thereafter as
the matter may be heard, in the regular meeting place of this City Council, City
Council Chambers, City Hall, 2263 Santa Clara Avenue, Alameda, California, are
hereby set as the time and place when and where this City Council, as legislative
body for the District, will conduct a public hearing on the establishment of the District
and consider and finally determine whether the public interest, convenience and
necessity require the formation of the District and the levy of the special tax within
the area of the District.
11. The Joint Community Facilities Agreement between the City and
EBMUD related to certain water system improvements proposed to be funded by the
CFD but to be owned by EBMUD when completed, in the form on file with the City
Clerk, is hereby approved. The City Manager is hereby authorized to execute and
deliver the Joint Community Facilities Agreement in said form, with such additions
thereto or changes therein as the City Manager, upon consultation with the City
Attorney and Bond Counsel, shall deem necessary, desirable or appropriate, the
approval of such additions or changes to be conclusively evidenced by the execution
and delivery by the City Manager of the Joint Community Facilities Agreement.
12. The City may accept advances of funds or work in-kind from any
owner of property in the District, and may use those funds or that work in -kind for
any authorized purpose of the District, as contemplated by 3-70.9 of the Law. The
District may repay any funds so advanced or the value or cost of the work in-kind,
subject to the requirements of 3-70.9 of the Law, on such terms and under such
conditions as this City Council, acting as legislative body of the District, may
establish.
13. The City Clerk is hereby directed to cause notice of the public
hearing described in Section 10 above to be given by publication one time in a
newspaper published in the area of the District. The publication of the notice shall
be completed at least seven days before the date herein set for the public hearing.
The notice shall be substantially in the form of Exhibit C hereto.
14. This Resolution shall take effect upon its adoption.
B. The exhibits to the Resolution which describe the facilities to be funded
and the rate and method of apportionment of the special taxes for the district are on file in
the office of the City Clerk.
C. The time and place established under the Resolution for the public
hearing required under the Law are Tuesday, January 7, 2014, at the hour of 7:00 p.m. or
as soon thereafter as the matter may be heard, in the regular meeting place of the City
Council, City Council Chambers, City Hall, 2263 Santa Clara Avenue, Alameda, California.
D. At the hearing, the testimony of all interested persons or taxpayers for or
against the establishment of the district, the extent of the district, or the furnishing of
specified types of facilities will be heard. Any person interested may file a protest in writing
with the City Clerk. If fifty percent or more of the registered voters, or six registered voters,
whichever is more, residing in the territory proposed to be included in the district, or the
owners of one-half or more of the area of land in the territory proposed to be included in the
district and not exempt from the special tax file written protests against the establishment of
the district and the protests are not withdrawn to reduce the value of the protests to les s
than a majority, the City Council shall take no further action to establish the district or to levy
the specified special tax for a period of six months from the date of the decision of the City
Council, and if the majority protests of the registered voters or the landowners are only
against the furnishing of a type or types of facilities within the district, or against levying a
specified special tax, those types of facilities, or the specified special tax, will be eliminated
from the proceedings to form the district.
E. The proposed voting procedure shall be by special mail or hand-delivered
ballot to the property owners within the territory proposed to be included in the district.
/s/ Lara Weisiger
City Clerk,
City of Alameda
*******
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 3rd day of December, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, and
Mayor Gilmore – 4.
NOES: None.
ABSENT: Councilmember Tam - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal
of said City this 4th day of December, 2013.
Lara Weisiger, City Clerk
City of Alameda