Resolution 15250CITY OF ALAMEDA RESOLUTION NO. 15250
CALLING SPECIAL ELECTION WITHIN THE CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 17 -1 ( ALAMEDA POINT
PUBLIC SERVICES DISTRICT)
WHEREAS, on this date, this City Council adopted a resolution "Of Formation
of the City of Alameda Community Facilities District No. 17 -1 (Alameda Point Public
Services District), Authorizing the Levy of a Special Tax Within the District,
Preliminarily Establishing an Appropriations Limit for the District, and Submitting Levy
of the Special Tax and the Establishment of the Appropriations Limit to the Qualified
Electors of the District" (the "Resolution of Formation "), ordering the formation of the
City of Alameda Community Facilities District No. 17 -1 (Alameda Point Public Services
District) (the "District "), authorizing the levy of a special tax on property within the District
and preliminarily establishing an appropriations limit for the District; and
WHEREAS, pursuant to the provisions of said resolution, the propositions of
the levy of said special tax and the establishment of the appropriations limit for the
District are to be submitted to the qualified electors of the District as required by the
City of Alameda Special Tax Financing Improvement Code, constituting Alameda
Municipal Code Section 3 -70.1 et seq. (the "Law ").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda that:
1. Pursuant to Sections 3- 70.36, 3 -70.37 and 3 -70.88 of the Law, the issues of the
levy of said special tax and the establishment of the appropriations limit for the
District shall be submitted to the qualified electors of the District at an election
called therefor as provided below.
2. As authorized by Section 3 -70.88 of the Law, the two propositions described in
Section 1 above shall be combined into a single ballot measure, the form of which
measure is attached hereto as Exhibit A which Exhibit is, by this reference,
incorporated herein. The form of ballot is hereby approved.
3. This City Council hereby finds that fewer than 12 persons have been registered
to vote within the territory of the District for each of the ninety (90) days preceding the
close of the public hearings heretofore conducted and concluded by this City Council
for the purposes of these proceedings. Accordingly, and pursuant to Section 3 -70.37
b. of the Law, this City Council finds that for purposes of these proceedings the
qualified electors for the District are the landowners within the District and that the vote
shall be by said landowners or their authorized representatives, each having one
vote for each acre or portion thereof such landowner owns in the District as of the
close of the public hearings.
4. This City Council hereby calls a special election to consider the ballot measure
described in Section 2 above, which election shall be held immediately following
adoption of this Resolution in the regular meeting place of this City Council. The City
Clerk is hereby designated as the official to conduct the election. It is hereby
acknowledged that the City Clerk has on file the Resolution of Formation, a map of
the proposed boundaries of the District, and a sufficient description to allow the City
Clerk to determine the boundaries of the District.
The voted ballot shall be returned to the City Clerk no later than immediately
following the adoption by the City Council of this Resolution.
5. Pursuant to Section 3 -70.37 d. of the Law, the election shall be conducted
by mail or hand delivered ballot.
6. This City Council acknowledges that the City Clerk has caused to be delivered
to the sole qualified elector of the District a ballot in the form set forth in Exhibit A
hereto. The ballot indicated the number of votes to be voted by the landowner.
The ballot was accompanied by all supplies and written instructions necessary
for the use and return of the ballot. The envelope to be used to return ballot was
enclosed with the ballot, had the return postage prepaid, and contained the following:
(a) the name and address of the landowner, (b) a declaration, under penalty of perjury,
stating that the voter is the owner of record or authorized representative of the
landowner entitled to vote and is the person whose name appears on the envelope,
(c) the printed name, signature and address of the voter, (d) the date of signing
and place of execution of the declaration pursuant to clause (b) above, and (e) a
notice that the envelope contains an official ballot and is to be opened only by the
City Clerk.
The execution and delivery of the ballot and return envelope by the City Manager
on behalf of the City is hereby ratified.
Analysis and arguments with respect to the ballot measure were waived by the
landowner in its voted ballot, as permitted by Section 3. -70.38 b. of the Law.
7. The City Clerk shall accept the ballot of the qualified elector submitted
immediately following or prior to the adoption of this Resolution, whether the ballot be
personally delivered or received by mail. The City Clerk shall have an available ballot
which may be marked in the City Council meeting room on the Election Day by the
qualified elector.
8. This City Council hereby further finds that the provision of the Law requiring a
minimum of 5 days following the adoption of the Resolution of Formation to elapse
before said special election is for the protection of the qualified electors of the
District. The voted ballot of the qualified elector of the District contains an
acknowledgment of a waiver of any time limit pertaining to the conduct of the
election and of a waiver of any requirement for analysis and arguments in connection
with the election. Accordingly, this City Council finds and determines that the qualified
elector has been fully apprised of and has agreed to the shortened time for the
election and waiver of analysis and arguments, and has thereby been fully protected
in these proceedings. This City Council also finds and determines that the City Clerk
has concurred in the shortened time for the election.
9 Pursuant to Section 50075.1 et seq. of the California Government Code, the
ballot measure referred to in Sections 2 and 4 above contains a statement indicating
the specific purposes of the special tax, the proceeds of the special tax will be applied
only to the purposes specified in the ballot measure, there shall be created by the
City Finance Director an account into which proceeds of the special tax levies for
the District will be deposited (which need not be a separate bank account, but which
may be a general ledger account so long as such proceeds can be separately
accounted for, or may be an account held by a fiscal agent on behalf of the City), and
the City Finance Director is hereby directed to provide an annual report to this City
Council as required by Section 50075.3 of the California Government Code.
10. The City Clerk is hereby directed to cause to be published in a newspaper of
general circulation circulating within the District a copy of this Resolution as soon as
practicable after the date of adoption of this Resolution.
11. This Resolution shall take effect upon its adoption.
EXHIBIT A
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 17 -1
( ALAMEDA POINT PUBLIC SERVICES DISTRICT)
OFFICIAL BALLOT
Special Tax Election
(March 21, 2017)
This ballot is for a special, landowner election. You must return this ballot in the
accompanying postage paid envelope to the City Clerk of the City of Alameda no later
than immediately after adoption of the resolution of the City Council calling said election,
either by mail or in person.
To vote, mark a cross (X) on the voting line after the word "YES" or after the
word "NO ". All marks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Alameda and obtain another.
BALLOT MEASURE: Shall a special tax payable solely
from lands within the City of Alameda Community
Facilities District No. 17 -1 (Alameda Point Public Yes:
Services District) (the "District ") be levied annually by the
City Council of the City of Alameda upon lands within
the District to be applied only to pay the costs of the No:_
services authorized to be funded by the District and the
costs of the City of Alameda in administering the District,
and shall the initial annual appropriations limit of the
District be established in the amount of $20,000,000?
By execution in the space provided below, you also indicate your waiver of the
time limit pertaining to the conduct of the election and any requirement for analysis
and arguments with respect to the ballot measures, as such waivers are described
and permitted by Section 3 -70.37 a. and 3 -70.38 b. of the Alameda Municipal Code.
Number of Votes:
Property Owner:
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 21st day of March, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 22nd day of March, 2017.
Approved as to form:
Janet C. Rem, City Attorney
City of Alameda
A -1
l -
Lara Weisiger, Cit,0 Clerk
City of Alameda