Resolution 14874CITY OF ALAMEDA RESOLUTION NO. 14874
DECLARING INTENTION TO ESTABLISH A COMMUNITY
FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF
SPECIAL TAXES THEREIN – ALAMEDA LANDING MUNICIPAL
SERVICES DISTRICT
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 (the “Residential Agreement”), and the City has entered into a
Development Agreement (Alameda Landing Mixed Use Commercial Project) with Palmtree,
dated as of January 16, 2007 (the “Commercial Agreement,” and collectively with the DDA
and the Residential Agreement, 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, under the Development Agreements, the City is obligated to provide
public services to the Alameda Landing area, including the maintenance of public
infrastructure improvements in the area, and the provision of police and fire protection
services to the area; and
WHEREAS, under Section 6.1(h) of the DDA, Section 4.2.1b of the Residential
Agreement and Section 4.3.1 of the Commercial Agreement, the Developer has agreed that
the City has the right to establish a municipal services district for the area subject to the
Development Agreements, and to establish a means of assessing property in that area by
means of a special tax district to provide funds to pay for the services to be provided by the
City in that area, subject to the parameters for such district set forth in the Development
Agreements; 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 levy of special taxes therein; and
WHEREAS, City Staff and consultants have been working with the Developer to
determine various aspects of a proposed community facilities district to finance municipal
services as contemplated by the Development Agreements; and
WHEREAS, under the Law, this City Council is the legislative body for any proposed
community facilities district and is empowered with the authority to establish a community
facilities district and levy special taxes on property located within the community facilities
district; and
WHEREAS, this City Council now desires to proceed with the actions necessary to
consider the establishment of a community facilities district to provide funding for municipal
services, 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 a
community facilities district (the “District”) pursuant to the Law.
2. The name proposed for the District is City of Alameda Community Facilities
District No. 13-2 (Alameda Landing Municipal Services District).
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 services proposed to be eligible for funding by the District and
pursuant to the Law shall consist of those services described in Exhibit A hereto (the
“Services”), 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 Services, 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. 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.
7. 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 of the Services and any expenses of the District.
8. The Director of Public Works of the City is hereby directed to study the proposed
Services 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 Services proposed to be financed by the District.
(b) An estimate of the cost of providing the Services, including any City
administrative costs.
Said report shall be made a part of the record of the public hearing provided for
below.
9. 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.
10. The City Clerk is hereby directed to cause notice of the public hearing described
in Section 9 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.
11. The firm of NBS is hereby designated as special tax consultant to assist the City
in the formation of the community facilities district. The firm of Quint & Thimmig LL P is
hereby designated as formation counsel to assist the City with the formation of the
community facilities district. To the extent the City does not already have contracts with
said firms for their services, the City Manager is hereby authorized and directed to execute
agreements with said firms for their services, each in a form acceptable to the City Manager
upon consultation with the City Attorney.
12. This Resolution shall take effect upon its adoption.
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EXHIBIT A
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 13-2
(ALAMEDA LANDING MUNICIPAL SERVICES DISTRICT)
DESCRIPTION OF SERVICES ELIGIBLE TO BE FUNDED BY THE DISTRICT
Services:
The services to be funded, in whole or in part, by the community facilities district (the
“District”) include the following:
• Public safety services, including police and fire protection.
• Maintenance of bus shelters and bus stops within or adjacent to the area of
the District, including three on Mitchell Avenue and one on Fifth Street.
• Maintenance of landscaping in public areas, public easements and public
right of way, including along or near Mitchell Avenue, Fifth Street, Mariner
Square Drive and Stargell Avenue, such maintenance to include but not be
limited to maintenance of planting areas, trees, bioretention filters, wooden
bridge along pedestrian path and raised planter/seating along pedestrian path
(Fifth Street), and the furnishing of water for irrigation.
• Maintenance of sanitary sewers within or serving the area of the District,
including sanitary sewers adjacent to or near Mitchell Avenue and Fifth
Street, and including sewer systems, pipes, manholes, video inspection, FOG
and spot jetting.
• Maintenance of sidewalks in or near to the area of the District, including
Mitchell Avenue sidewalk to edge of Pond property, Mitchell Avenue sidewalk
from edge of Pond property to wharf, Fifth Street sidewalk, Mariner Square
Drive sidewalk and Stargell Avenue sidewalk.
• Maintenance of public signage in or near the District, including signage along
Mitchell Avenue, Fifth Street, Mariner Square Drive and Stargell Avenue.
• Maintenance of storm drainage systems within or serving the area of the
District, including those along or adjacent to Mitchell Avenue, Fifth Street,
Mariner Square Drive and Stargell Avenue, and including storm drain pipes
(solid and perforated), manholes, catch basins and drop inlets, cleanout of
storm drains and catch basin cleaning and inspection.
• Maintenance of streets and roadways within or in the vicinity of the area of
the District, including Mitchell Avenue, Fifth Street, Mariner Square Drive and
Stargell Avenue, and including slurry, overlay, curbs and gutters, curb ramps,
striping and street sweeping.
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• Maintenance of street lighting located within or in the vicinity of the District,
including street lights along Mitchell Avenue, Fifth Street, Mariner Square
Drive and Stargell Avenue, and including decorative lighting and pull box
assemblies.
• Maintenance of traffic signals within and in the vicinity of the District, including
traffic signals in or near Mitchell Avenue, Fifth Street, Mariner Square Drive
and Stargell Avenue, and including electrical, LED replacement, maintenance
and replacement.
• Graffiti removal from public improvements within and in the area of the
District.
The District may fund any of the following related to the services described above: the
furnishing of services and materials for the ordinary and usual maintenance, operation and
servicing of the improvements, including repair, removal or replacement of all or part of any
of the improvements, the furnishing of water for the irrigation and the furnishing of electric
current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing,
operating and maintaining equipment, apparatus or facilities related to providing the
services and/or equipment, apparatus, facilities or fixtures in areas to be maintained,
obtaining supplies or appurtenant facilities necessary for such maintenance, paying the
salaries and benefits of personnel necessary or convenient to provide the services,
payment of insurance costs and other related expenses and the provision of reserves for
repairs and replacements and for the future provision of services. It is expected that the
services will be provided by the City, either with its own employees or by contract with third
parties, or any combination thereof.
The services to be financed by the District are in addition to those provided in the territory of
the District before the date of creation of the District, and will not supplant services already
available within that territory when the District is created.
Administrative Expenses:
The administrative expenses to be funded by the District include the direct and indirect
expenses incurred by the City in carrying out its duties with respect to the District (including,
but not limited to, the levy and collection of the special taxes) including the fees and
expenses of attorneys, any fees of the County of Alameda related to the District or the
collection of special taxes, an allocable share of the salaries of the City staff directly related
thereto and a proportionate amount of the City’s general administrative overhead related
thereto, any amounts paid by the City from its general fund with respect to the District or
the services authorized to be financed by the District, and expenses incurred by the City in
undertaking action to foreclose on properties for which the payment of special taxes is
delinquent, and all other costs and expenses of the City in any way related to the District.
Other:
The incidental expenses that may be funded by the District include, in addition to the
administrative expenses identified above, the payment or reimbursement to the City of all
costs associated with the establishment and administration 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. 13-2
(ALAMEDA LANDING MUNICIPAL SERVICES DISTRICT)
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. 13-2 (Alameda Landing Municipal Services
District) (the “CFD”) and collected each Fiscal Year, commencing in Fiscal Year 2014-2015, 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 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.
“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
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.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an
assigned Assessor’s parcel number.
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“Assessor’s Parcel Map” means an official map of the County Assessor of the County
designating parcels by Assessor’s parcel number.
"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.
“CFD” means City of Alameda Community Facilities District No. 13-2 (Alameda Landing
Municipal Services District).
“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.
“CFD-Maintained Homeowners’ Association Public Improvements” means, for any
Fiscal Year, any Homeowners Association Public Improvements that are not being
maintained by the Homeowners’ Association despite its agreements with the Ci ty to maintain
such improvements, but instead are being maintained by the CFD or the City.
“City” means the City of Alameda.
“Council” means the City Council of the City.
“County” means the County of Alameda.
“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 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.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
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“Homeowners’ Association” means the Homeowners’ Association established for the
development within the CFD as defined in the Declaration of Covenants, Conditions and
Restrictions of Alameda Landing.
“Homeowners’ Association Common Areas” means areas intended for common use by
all members of the Homeowners Association 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 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.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which
a building permit(s) has been issued for purposes of constructing a non-residential building.
“Proportionately” means, for Taxable Property, that the ratio of the actual Special Tax
levied in any Fiscal Year to the Maximum Special Tax autho rized to be levied in that Fiscal
Year is equal for all Assessor’s Parcels of Taxable 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 purposes 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.
“Residential Dwelling Unit” means an attached or detached dwelling unit in private
ownership where ownership is not restricted or qualified because of income.
“Services” means the services eligible to be funded by the CFD.
“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.
“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to
pay the costs of: (i) the Services to be provided in the Calendar Year which commences in
such Fiscal Year; (ii) Administrative Expenses; and, (iii) an amount equal to reasonably
anticipated delinquent Special Taxes as determined by the CFD Administrator.
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“State” means the State of California.
“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. “Taxable Property” does not include Homeowners’ Association Common
Areas
“Undeveloped Non-Residential Property” means for each Fiscal Year all Taxable
Property not classified as Developed Property or Final Mapped Property that is zoned for
non-residential use.
“Undeveloped Residential Property” means for each Fiscal Year all Taxable Property not
classified as Developed Property or Final Mapped Property that is zoned for residential use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within the CFD shall be classified as Deve loped
Property, Final Mapped Property or Undeveloped Property by the CFD Administrator 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. Maximum Special Tax Rates
The Maximum Special Taxes for Taxable Property are identified in Table 1 below.
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TABLE 1
MAXIMUM SPECIAL TAXES
Land Use Class Description Maximum Special Tax
1 Affordable Housing Unit (Developed Property
or Alternative Developed Property)
$0.00
3 Moderate Income Unit
(Developed Property or Alternative Developed
Property)
$960.00 per unit
4 Residential Dwelling Unit (Developed Property
or Alternative Developed Property)
$1,200.00 per unit
6 Final Mapped Property or Alternative
Developed Property (designated for Moderate
Income Unit)
$960.00 per unit
7 Final Mapped Property or Alternative
Developed Property (designated for
Residential Dwelling Unit)
$1,200.00 per unit
8 Undeveloped Residential Property $12,711 per acre
9 Undeveloped Non-Residential Property $4,443 per acre
10 Non-Residential Property $0.36 per Building
Square Foot
2. Increases in the Maximum Special Tax
On each July 1, commencing on July 1, 2014, the Maximum Special Tax shall be
adjusted to account for inflation. The amount of the annual adjustment shall be the
lessor of 5% or the percentage increase in the Consumer Price Index (CPI) for the
San Francisco Bay Area for the current Calendar Year over CPI for the San
Francisco Bay Area for the previous Calendar Year, each as of April 1.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2014-2015 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. The
Special Tax shall be levied each Fiscal Year Proportionately on each Assessor’s Parcel of
Taxable Property at up to 100% of the applicable Maximum Special Tax.
E. 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 calendar
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 appeal. 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
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procedure shall be exclusive and its exhaustion by any property owner shall be a condition
precedent to filing any legal action by such owner.
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 Council reserves the right to provide for
any alternative method of collection authorized by the Act, 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. In its capacity as the
legislative body of the CFD, the Council may covenant to foreclose and may actually
foreclose on delinquent Assessor’s Parcels as permitted by the Act.
G. 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.
H. TERM OF THE SPECIAL TAX
The Special Tax may be levied in perpetuity to satisfy the Special Tax Requirement.
EXHIBIT C
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 13-2
(ALAMEDA LANDING MUNICIPAL SERVICES DISTRICT)
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 Municipal
Services District (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 Palmtree, dated as of January 2, 2007 (the “Residential
Agreement”), and the City has entered into a Development Agreement (Alameda
Landing Mixed Use Commercial Project) with Palmtree, dated as of January 16,
2007 (the “Commercial Agreement,” and collectively with the DDA and the
Residential Agreement, 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, under the Development Agreements, the City is obligated
to provide public services to the Alameda Landing area, including the maintenance
of public infrastructure improvements in the area, and the provision of police and fire
protection services to the area; and
WHEREAS, under Section 6.1(h) of the DDA, Section 4.2.1b of the
Residential Agreement and Section 4.3.1 of the Commercial Agreement, the
Developer has agreed that the City has the right to establish a municipal services
district for the area subject to the Development Agreements, and to establish a
means of assessing property in that area by means of a special tax district to provide
funds to pay for the services to be provided by the City in that area, subject to the
parameters for such district set forth in the Development Agreements; 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 levy of special taxes
therein; and
WHEREAS, City Staff and consultants have been working with the
Developer to determine various aspects of a proposed community facilities district to
finance municipal services as contemplated by the Development Agreements; and
WHEREAS, under the Law, this City Council is the legislative body for
any proposed community facilities district and is empowered with the authority to
establish a community facilities district and levy special taxes on property located
within the community facilities district; and
WHEREAS, this City Council now desires to proceed with the actions
necessary to consider the establishment of a community facilities district to provide
funding for municipal services, 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 a community facilities district (the “District”) pursuant to the Law.
2. The name proposed for the District is City of Alameda Community
Facilities District No. 13-2 (Alameda Landing Municipal Services District).
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 services proposed to be eligible for funding by the
District and pursuant to the Law shall consist of those services described in Exhibit A
hereto (the “Services”), 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 Services, 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. 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.
7. 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 of the Services and any
expenses of the District.
8. The Director of Public Works of the City is hereby directed to study
the proposed Services 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 Services proposed to be
financed by the District.
(b) An estimate of the cost of providing the Services,
including any City administrative costs.
Said report shall be made a part of the record of the public hearing
provided for below.
9. 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.
10. The City Clerk is hereby directed to cause notice of the public
hearing described in Section 9 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.
11. The firm of NBS is hereby designated as special tax consultant to
assist the City in the formation of the community facilities district. The firm of Quint &
Thimmig LLP is hereby designated as formation counsel to assist the City with the
formation of the community facilities district. To the extent the City does not already
have contracts with said firms for their services, the City Manager is hereby
authorized and directed to execute agreements with said firms for their services,
each in a form acceptable to the City Manager upon consultation with the City
Attorney.
12. This Resolution shall take effect upon its adoption.
B. The exhibits to the Resolution which describe the services 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 services 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 less
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 services within the district, or against levying a
specified special tax, those types of services, 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
EXHIBIT D
AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN THE
CITY OF ALAMEDA AND QUINT & THIMMIG LLP,
FOR COMMUNITY FACILITIES DISTRICT
FORMATION LEGAL SERVICES
THIS AGREEMENT is entered into this 3rd day of December, 2013, by and
between the CITY OF ALAMEDA, CALIFORNIA (the “City”), and QUINT & THIMMIG LLP,
Larkspur, California (“Attorneys”).
RECITALS :
WHEREAS, the City would like to form a community facilities district (the
“CFD”) under the City of Alameda Special Tax Financing Improvem ent Code, constituting
Section 3-70.1 et seq. of the Alameda Municipal Code, for the purpose of providing funds to
pay for certain municipal services in the Alameda Landing area of the City; and
WHEREAS, in connection with such formation the City requires the advice
and assistance of counsel familiar with the CFD formation process; and
WHEREAS, Attorneys have assisted numerous public agencies in connection
with the formation of community facilities districts.
AGREEMENT :
NOW, THEREFORE, in consideration of the premises and the mutual
covenants hereinafter set forth, the parties hereto do hereby agree as follows:
Section 1. Duties of Attorneys. Attorneys shall do, carry out and perform all
of the following services as are necessary for the formation of the CFD:
(a) Consultation and cooperation with City staff and the City
Attorney’s office, and the special tax consultant and the developer of the property in
the proposed CFD with respect to the formation of the CFD, and assisting such
persons in the formation of the CFD.
(b) Preparation of all legal proceedings deemed necessary or
advisable by Attorneys for the formation of the CFD; including preparation of
property owner petitions and ballots, and all notices, resolutions and ordinances
required to form the CFD and authorize the levy of special taxes in the CFD.
(c) Legal consultation requested by the City concerning the CFD and
any notices, resolutions, ordinances and other documents prepared by Attorneys
relating to the formation of the CFD.
(d) Attorneys shall perform such other and further services as are
customarily performed by CFD formation counsel in similar circumstances.
Attorneys shall not be responsible for the preparation of a boundary map for
the CFD, the description of the services to be provided by the CFD or the rate and method
of apportionment of special taxes for the CFD, or for the representation of the City in
connection with any litigation involving the CFD or the actual levy and collection of special
taxes. Furthermore, it is acknowledged that no bonds or other indebtedness will be
authorized to be issued for the CFD.
Section 2. Compensation. For the services listed in Section 1, Attorneys
shall be paid a fee of $25,000.00, inclusive of all expenses. Payment of said compensation
by the City shall be due and payable upon the completion of the formation of the CFD.
Section 3. Responsibilities of City. The City shall cooperate with Attorneys
and shall furnish Attorneys with certified copies of all proceedings taken by the City Council
related to the formation of the CFD. All costs and expenses incurred by the City incidental
to the formation of the CFD, including the fees and expenses of the special tax consultant,
shall be paid by the City or by the owner of the land to be included in the boundaries of the
CFD, and shall not be the responsibility of Attorneys.
Section 4. Termination of Agreement. This Agreement may be terminated at
any time by the City with or without cause upon written notice to Attorneys. In the event of
such termination, all finished and unfinished documents shall at the option of the City
become its property and shall be delivered to the City by Attorneys.
IN WITNESS WHEREOF, the City and Attorneys have executed this
Agreement as of the date first above written.
CITY OF ALAMEDA, CALIFORNIA
By:
John A. Russo,
City Manager
QUINT & THIMMIG LLP
By:
Paul J. Thimmig,
Partner
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