Resolution 14953CITY OF ALAMEDA RESOLUTION NO. 14953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALAMEDA, CALIFORNIA, DECLARING ITS INTENTION TO
ESTABLISH A COMMUNITY FACILITIES DISTRICT AND
TO AUTHORIZE THE LEVY OF SPECIAL TAXES
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 14 -1
(MARINA COVE II)
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WHEREAS, under the City of Alameda Special Tax Financing Improvement Code,
constituting Section 3 -70.1 et seq. of the Alameda Municipal Code (the "Code "), the City
Council of the City of Alameda (the "City ") may commence proceedings for the
establishment of a community facilities district; and
WHEREAS, this City Council has received a Petition (including Waivers) from the
landowner requesting that it establish a community facilities district under the Code to
provide for the improvements and services described in Exhibit B hereto, and this City
Council now desires to commence proceedings to establish a community facilities district
(the "District ") as described herein; and
WHEREAS, under the Code, this City Council is the legislative body for the
proposed District and is empowered with the authority to establish the District and levy
special taxes within the District; and
WHEREAS, this City Council now desires to proceed with the actions necessary
to consider the establishment of the District.
NOW, THEREFORE, the City Council of the City of Alameda, DOES HEREBY
RESOLVE as follows:
1. This City Council proposes to begin the proceedings necessary to establish
the District pursuant to the Code.
2. The name of the proposed District is City of Alameda, Community Facilities
District No. 14 -1 (Marina Cove II).
3. The proposed boundaries of the District are as shown on the map of the
District on file with the City Clerk, a copy of which is attached hereto as Exhibit A, which
Exhibit is by this reference incorporated herein. The proposed 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 as soon as practicable after the adoption of this Resolution.
4. The type of improvements and services proposed to be funded by the
District and pursuant to the Code shall consist of those improvements and services
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described in Exhibit B hereto, which Exhibit is by this reference incorporated herein (the
"Improvements and Services ").
5. Except where funds are otherwise available, 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 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 District, in sufficient detail to allow each landowner
within the proposed District to estimate the maximum amount such owner will have to
pay, are described in Exhibit C attached hereto, which Exhibit is by this reference
incorporated herein.
6. The levy of said proposed special tax shall be subject to the approval of the
qualified electors of the District at a special election. The proposed voting procedure
shall be by mailed or hand - delivered ballot among the landowners in the proposed
District, with each landowner having one vote for each acre or portion of an acre of land
such landowner owns in 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 and expenses of the Improvements and Services and any
expenses of the District.
8. The Finance Director of the City is hereby directed to study the proposed
Improvements and 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 Improvements and Services.
(b) An estimate of the fair and reasonable initial annual cost of providing
the Improvements and Services, including the incidental expenses in connection
therewith, any City administration costs and all other related costs.
Said report shall be made a part of the record of the public hearing
provided for below.
9. Tuesday, September 2, 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 in the Council
Chambers, 2263 Santa Clara Avenue, 3rd Floor, City of Alameda, California, and the
same are hereby appointed and fixed 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
said special tax.
10. The City Clerk is hereby directed to cause notice of said public hearing to
be given by publication one time in a newspaper published in the area of the District. The
publication of said notice shall be completed at least seven days before the date herein
set for said hearing. The notice shall be substantially in the form of Exhibit D hereto.
11. This Resolution shall take effect upon its adoption.
EXHIBIT A
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CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 14 -1
(MARINA COVE 11)
DESCRIPTION OF IMPROVEMENTS AND SERVICES TO BE
FINANCED BY THE DISTRICT
It is intended that the District will be eligible to fund all or a portion of the improvements
and services, within or adjacent to the District, described below for the Marina Cove II
subdivision.
Improvements and Services:
The improvements and services to be funded, in whole or in part, by the District include
the following:
• Park maintenance, including benches and tables, drinking fountains, tot -lot
equipment (including ground surface), fencing and gates, pathway lights, pole
lights, concrete pathways and sidewalks, viewing platform and overlook,
shoreline protection systems, surface drainage systems, shoreline railing, parking
lot, landscaping and irrigation, curbs, ramps, mowing strips, and public signage.
• Maintenance of the Arbor Street Pump Station.
• Maintenance of traffic signals within and in the vicinity of the District, including
traffic signals, electrical energy, LED replacement, maintenance, and
replacement.
• Construction or installation, including the maintenance or servicing, of public
streets, roads, and avenues in the vicinity of the area of the District, including
bike paths, slurry, overlay, curbs and gutters, curb ramps, striping, and street
sweeping.
• Public safety services, including police and fire protection.
• Maintenance of bus shelters and bus stops within or adjacent to the area of the
District.
• The construction or installation, including the maintenance or servicing, or both,
of public lighting facilities, including standards, poles, and electric current or
energy. Maintenance of street lighting located within or in the vicinity of the
District, including street lights, decorative lighting, and pull box assemblies.
• Maintenance of sanitary sewers within, or serving, the area of the District, except
those maintained by the HOA, including sewer systems, pipes, manholes,
cleanouts, video inspection, and FOG and spot jetting.
• Maintenance of storm drainage systems within, or serving, the area of the
District, except those maintained by the HOA, including storm drain pipes (solid
and perforated), manholes, catch basins and drop inlets, cleanout of storm drains
and catch basin cleaning and inspection.
• Graffiti removal from public improvements within and in the area of the District.
• Maintenance of public signage in or near 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.
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.
EXHIBIT C
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 14-1
(MARINA COVE 11)
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. 14-1 (Marina
Cove 11) (the "CFD") and collected each Fiscal Year, commencing in Fiscal Year
2015-2016, 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.
"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 a Developed Property containing 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.
"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.
"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. 14 -1
(Marina Cove II).
"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.
"Code" 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.
"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
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.
"Homeowners' Association" means the Homeowners' Association
established for the development within the CFD as defined in the
Declaration of Covenants, Conditions and Restrictions of Marina Cove 11.
"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.
"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 a Developed Property containing 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.
"Proportionately" means, for Taxable 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 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 Code 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
C.
income, on Developed Property. This includes single-family residential,
multi-family residential, condominium, and townhome units.
"Improvements and Services" means the improvements and 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 Improvements and Services to be
provided in the Calendar Year which commences in such Fiscal Year; (ii)
Administrative Expenses; (iii) funding a reserve for the replacement of
improvements; and, (iv) an amount equal to reasonably anticipated
delinquent Special Taxes, as determined by the CFD Administrator.
"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: (i) Public Property, except Public
Property leased to a private entity and subject to taxation under Section 3-
70.17 of the Code, excluding property classified as Affordable Housing
Units, or (ii) Homeowners' Association Common Areas
"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
Developed 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.
I & um I
1. Maximum Special Tax Rates
The Maximum Special Taxes for Taxable Property are identified in
Table 1 below.
MAXIMUM SPECIAL TAXES
FISCAL YEAR 2015-16
Land
Use
Class
Description
Maximum Special
Tax
1
Affordable Housing Unit
$0.00 per unit
2
Moderate Income Unit
$1,735.00 per unit
3
Residential Dwelling Unit
$2,168.75 per unit
4
Final Mapped Property designated for Moderate
Income Unit
$1,735.00 per unit
5
Final Mapped Property designated for Residential
Dwelling Unit
$2,168.75 per unit
6
Undeveloped Residential Property
$23,618.24 per acre
2. Increases in the Maximum Special Tax
On each July 1, commencing on July 1, 2016, 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. In no case will the Maximum Special Tax be decreased as a result
of a percentage decrease in the CPI.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2015-2016 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.
ANNEETWIDWAM
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 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 Code, 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 Code.
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.
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 14 -1
(MARINA COVE 11)
NOTICE OF PUBLIC
HEARING
Notice is hereby given that the City Council of the City of Alameda will
conduct a public hearing on Tuesday, September 2, 2014 at 7:00 p.m. or as soon
thereafter as the matter may be heard, in the City Council Chambers located at
2263 Santa Clara Avenue, 3`d Floor, City of Alameda, California, to consider the
following:
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 14 -1
(MARINA COVE 11)
On July 15, 2014, the City Council of the City of Alameda adopted a
Resolution entitled "A Resolution of the City Council of the City of Alameda,
California, Declaring Its Intention to Establish a Community Facilities District and to
Authorize the Levy of Special Taxes" (the "Resolution of Intention "). Reference is
hereby made to the Resolution of Intention on file in the office of the City Clerk
of the City of Alameda for further particulars.
In the Resolution of Intention, the City Council declared its intention to form
the City of Alameda Community Facilities District No. 14 -1 (Marina Cove 11) (the
"District ") to fund improvements and services as further identified in an exhibit to the
Resolution of Intention. The proposed boundaries of the District were identified in
another exhibit to the Resolution of Intention, and the Resolution of Intention
identified a proposed special tax to be levied on real property to be included in the
District to pay for costs of the improvements and services.
In the Resolution of Intention, the City Council provided that the levy of
the special tax will be subject to a mailed ballot election among the owners of land
in the District. The City Council ordered the City's Finance Director to prepare a
report on the District, and the City Council called for a public hearing on the District.
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 improvements and 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 of the City shall take no further action to
establish the District or authorize the special taxes for a period of one year 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 improvements and services within the District, or against levying a
specified special tax, those types of improvements and services, or the specified
special tax, will be eliminated from the proceedings to form the District.
Any person interested in these matters is invited to attend and present
testimony either for or against the above item. If you challenge the proposed action
in court, you may be limited to raising only those issues you or someone else raised
at the public hearing described in this notice or in written correspondence
delivered to the City Council during or prior to the public hearing.
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 15th day of July, 2014, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and
Mayor Gilmore — 5.
NOES: None.
EVOUVINUM 1,15111-3
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 16th day of July, 2014.
Lara Weisiger, City lerk
City of Alameda