Resolution 15306CITY OF ALAMEDA RESOLUTION NO. 15306
OF CONSIDERATION TO ALTER THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY
FACILITIES DISTRICT NO. 13-1 (ALAMEDA LANDING PUBLIC
IMPROVEMENTS)
WHEREAS, on January 7, 2014, the City Council of the City of Alameda (the "City
Council") adopted Resolution No. 14880 (the "Resolution of Formation"), forming the City
of Alameda Community Facilities District No. 13-1 (Alameda Landing Public
Improvements) (the "District") pursuant to the City of Alameda Special Tax Financing
Improvement Code, constituting Section 3-70.1 et seq. of the Alameda Municipal Code
(the "Law"); and
WHEREAS, the Resolution of Formation approved a Rate and Method of
Apportionment of Special Taxes for the District (the "Original Rate and Method of
Apportionment"); and
WHEREAS, the City Council conducted proceedings to alter the Original Rate and
Method of Apportionment pursuant to the Law and Resolution No. 15015 adopted by the
City Council on April 7, 2015 (the Original Rate and Method, as altered pursuant to said
proceedings, being referred to below as the "Rate and Method of Apportionment"); and
WHEREAS, on March 17, 2016, the City of Alameda (the "City") issued, for and on
behalf of the District, $15,415,000 principal amount of its City of Alameda Community
Facilities District No. 13-1 (Alameda Landing Public Improvements) 2016 Special Tax
Bonds (the "Bonds") to provide funds to finance improvements eligible to be funded by
the District; and
WHEREAS, the City Council has received a petition (the "Petition") requesting that
it alter the Rate and Method of Apportionment to exempt from the levy of special taxes
for the District certain property (referred to below as "Conveyance Parcel 7") currently
owned by the Successor Agency to the Community Improvement Commission of the City
of Alameda (the "Successor Agency"), unless and until the Conveyance Parcel 7 is
conveyed by the Successor Agency to a private entity and is subsequently developed for
a use other than its existing use, thereby better assuring that Conveyance Parcel 7 will
be adaptably reused for maritime commercial purposes; and
WHEREAS, in the Petition, the petitioner has advised that, without the requested
alteration to the Rate and Method of Apportionment, it is unlikely that any private entity
will agree to acquire Conveyance Parcel 7 from the Successor Agency due to the special
tax levy that would apply to Conveyance Parcel 7 in that event under the current Rate
and Method of Apportionment even though the use of Conveyance Parcel 7 has not
changed from its current use; and
WHEREAS, the City has been advised by NBS, the City's Special Tax Consultant,
that: (a) Conveyance Parcel 7 is currently classified under the Rate and Method of
Apportionment as "Exempt Property" not subject to the levy of the special taxes; (b) the
alteration to the Rate and Method of Apportionment proposed by petitioner will not
diminish the maximum special tax that is currently being levied on parcels in the District
to repay the Bonds, and will not result in increases in the current annual special tax levies
on other parcels in the District that are now classified as Developed Property under the
Rate and Method of Apportionment; and (c) if the ownership of Conveyance Parcel 7 is
transferred from the Successor Agency to a private entity such that it becomes classified
as Taxable Property under the Rate and Method of Apportionment, based on its current
use it would not be classified as Developed Property under the Rate and Method of
Apportionment such that the current annual levy of special taxes on parcels in the District
that are now classified as Developed Property would not increase; however, if the use of
Conveyance Parcel 7 does change in the future and after it becomes classified as Taxable
Property and the requested alteration of the Rate and Method of Apportionment does not
occur, future special tax levies on all properties then classified as Developed Property
could potentially decrease as a result of the Conveyance Parcel 7 becoming Taxable
Property; and
WHEREAS, in its Petition, the petitioner has agreed to pay the costs of the City to
conduct proceedings under the Law to so alter the Rate and Method of Apportionment,
whether or not the proceedings successfully result in the requested alteration of the Rate
and Method of Apportionment; and
WHEREAS, in light of the foregoing, the City Council now desires to conduct
proceedings to alter the Rate and Method of Apportionment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
that:
1. This City Council hereby finds and determines that the public convenience and
necessity require that the Rate and Method of Apportionment be altered as provided for
in this Resolution.
2. The name of the District is "City of Alameda Community Facilities District No.
13 -1 (Alameda Landing Public Improvements)." Reference is hereby made to the
Resolution of Formation for further particulars regarding the District.
3. The territory included in the District, and the original boundaries of the District,
are as shown on the map of the District recorded in the office of the Alameda County
Recorder on December 12, 2013 in Book 18 at Page 45 of Maps of Assessment and
Community Facilities Districts. The territory annexed to the District, and the boundaries
thereof, are as shown on the map of the annexation area recorded in the office of the
Alameda County Recorder on May 1, 2015 in Book 317 at Page 45 of Maps of
Assessment and Community Facilities Districts.
4. The Rate and Method of Apportionment for the District is proposed to be altered
by adding certain defined terms to Section A thereof, and to amend and restate Section
E thereof, all as described in Exhibit A hereto. Based on the analysis completed by NBS,
the City's Special Tax Consultant, the City Council hereby finds that the proposed
alteration of the Rate and Method of Apportionment will not result in a decrease in the
maximum special taxes that may be levied in the District below an amount, for any fiscal
year, equal to 110% of the aggregate debt service due on the Bonds in such fiscal year
plus a reasonable estimate of expenses to administer the District for such fiscal year.
5. The alteration of the Rate and Method of Apportionment as described in Exhibit
A 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 qualified electors of the District, with each person registered to vote with an
address located in the District at the time of the close of the public hearing described
below, as confirmed by the County Registrar of Voters, having one vote.
6. Tuesday, October 3, 2017, at 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, are hereby set as the time and place
when and where the City Council, as legislative body for the District, will conduct a public
hearing on the alteration of the Rate and Method of Apportionment, and consider and
finally determine whether the public interest, convenience and necessity require said
alteration.
7. The City Clerk is hereby directed to cause notice of the public hearing described
in Section 6 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 B hereto.
8. The City has engaged the firm of NBS as Special Tax Consultant and the law
firm of Quint & Thimmig LLP as Bond Counsel, in each case to assist the City in
connection with these proceedings. The execution by the City Manager of agreements
with said firms is hereby ratified.
9. This Resolution shall take effect upon its adoption.
EXHIBIT A
DESCRIPTION OF PROPOSED ALTERATION OF THE
RATE AND METHOD OF APPORTIONMENT
Proposed language to be added to Section A of the Rate and Method of Apportionment:
"Conveyance Parcel 7" means the property described and depicted in Schedule A
attached hereto.
"New Construction" means the redevelopment of Conveyance Parcel 7 with
development other than the existing use, and excluding (a) the reuse and
rehabilitation of the approximate 364,000 square feet of existing warehouses and
associated wharf and land areas, (b) subject to compliance with applicable Building
Code requirements, repair and /or replacement of the existing warehouses in the
event of casualty (including damage or destruction due to fire, flood, earthquake, or
other circumstances outside the reasonable control of the property owner), and /or
(c) subject to compliance with applicable Building Code requirements, replacement
in kind of all or any portion of the existing 364,000 square feet of warehouses,
consisting of replacement within the same footprint with buildings of substantially
similar exterior design as the existing warehouses, with no increase in square
footage and no new or substantially more severe significant environmental impacts
than the existing warehouses.
Proposed language to replace the current Section E of the Rate and Method of
Apportionment:
The City (i) 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; and (ii) shall not levy Special Taxes on Conveyance Parcel 7 unless
there is New Construction on such Conveyance Parcel 7, at which time Conveyance
Parcel 7 shall be taxed and classified in accordance with its use.
SCHEDULE
DESCRIPTION OF CONVEYANCE PARCEL 7
All that certain real property situate in the City of Alameda, County of Alameda, State of
California, and described as follows:
BEING a portion of Parcel No. 1. described in the deed recorded December 13, 1944, in
Book 4652 at Page 168, a portion of the parcel described in the deed recorded December
13, 1944, in Book 4652 at Page 172, a portion of Parcel No. 1 described in the deed
recorded December 18, 1944; in Book 4663 at Page 35, and a portion of Parcel 1
described in the deed recorded August 9, 1945, in Book 4757 at Page 138, said parcels
being also portions of FISC North as described in the Quitclaim Deed recorded June 2,
2003, as Document Number 2003316321, and a portion of the lands described in the
Quitclaim Deed to Catellus Alameda Development, LLC, recorded December 12, 2013,
as Document Number 2013096672, Alameda County Official Records, said portions
being more particularly described as follows:
BEGINNING at the northwesterly corner of said FISC North;
THENCE easterly along the northerly line of said FISC North the following three (3)
courses:
1) North 86038'46" East 402.97 feet;
2) South 84006'14" East 567.60 feet;
3) North 87053'46" East 296.93 feet;
THENCE leaving the last said line South 747.47 feet to the southerly line of said land of
Catellus (2013096672);
THENCE westerly along said southerly line the following three (3) courses:
1) North 89-46'04" West 958.16 feet;
2) along a curve to the left having a radius of 1136.01 feet through a central angle of
03003'09", an arc distance of 60.52 feet;
3) South 87010'47" West 238.39 feet to the westerly line of said lands of Catellus
(2013096672);
THENCE northerly along said westerly line and the westerly line of said FISC North
(2003316321) North 00030'14" West 780.54 feet to the POINT OF BEGINNING.
OF
Containing an area of 22.122 acres, more or less
Bearings are based on the California Coordinate System of 1927, Zone III. All distances
shown herein are ground distances; multiply ground distances by 0.9999295 to obtain
grid distances.
A plat showing the above described property is attached hereto and made a Part hereof.
A -3
CITY OF ALAMEDA
COUNTY OF ALAMEDA
STATE, OF CALIFORNIA
19
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1646 NORTH CALIFORNIA BLVD.
SUITE 4ob
WALNUT CREEK; CA 94596
925-940-2200
925-94-0,-2299 (FAX)
A-4
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CITY OF ALAMEDA
1821 O-R. 494,
2009-356111 O.R
CITY OF ALAMEDA
COUNTY OF ALAMEDA
STATE, OF CALIFORNIA
19
BRF
EmaiNEERs I SuRVEYoRs IPLARmEms
1646 NORTH CALIFORNIA BLVD.
SUITE 4ob
WALNUT CREEK; CA 94596
925-940-2200
925-94-0,-2299 (FAX)
A-4
EXHIBIT 2913"
Subject PLAT TO ACCOMPANY
DESCRIPTION
Job No. 20065092-35
By MLH Date 06Z30/17 Chkd.BTW
SHEET 1 OF 1
LEGEND:
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MAP
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OFFICIAL RECORDS
PM
PARCEL MAP'
P,O.B.
POINT OF BEGINNING
EXHIBIT 2913"
Subject PLAT TO ACCOMPANY
DESCRIPTION
Job No. 20065092-35
By MLH Date 06Z30/17 Chkd.BTW
SHEET 1 OF 1
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 13 -1
( ALAMEDA LANDING PUBLIC IMPROVEMENTS)
NOTICE OF PUBLIC HEARING
Notice is hereby given that on September 19, 2017, the City Council of the
City of Alameda adopted A Resolution of Consideration to Alter the Rate and Method of
Apportionment of Special Taxes for Community Facilities District No. 13 -1 (Alameda
Landing Public Improvements) (the "Resolution of Consideration "). Pursuant to the
Resolution of Consideration 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 Consideration is as follows:
WHEREAS, on January 7, 2014, the City Council of the City of
Alameda (the "City Council ") adopted Resolution No. 14880 (the "Resolution of
Formation "), forming the City of Alameda Community Facilities District No. 13 -1
(Alameda Landing Public Improvements) (the "District ") pursuant to the City of
Alameda Special Tax Financing Improvement Code, constituting Section 3 -70.1 et
seq. of the Alameda Municipal Code (the "Law "); and
WHEREAS, the Resolution of Formation approved a Rate and
Method of Apportionment of Special Taxes for the District (the "Original Rate and
Method of Apportionment "); and
WHEREAS, the City Council conducted proceedings to alter the
Original Rate and Method of Apportionment pursuant to the Law and Resolution
No. 15015 adopted by the City Council on April 7, 2015 (the Original Rate and
Method, as altered pursuant to said proceedings, being referred to below as the
"Rate and Method of Apportionment "); and
WHEREAS, on March 17, 2016, the City of Alameda (the "City ")
issued, for and on behalf of the District, $15,415,000 principal amount of its City of
Alameda Community Facilities District No. 13 =1 (Alameda Landing Public
Improvements) 2016 Special Tax Bonds (the "Bonds ") to provide funds to finance
improvements eligible to be funded by the District; and
WHEREAS, the City Council has received a petition (the "Petition ")
requesting that it alter the Rate and Method of Apportionment to exempt from the
levy of special taxes for the District certain property (referred to below as
"Conveyance Parcel 7 ") currently owned by the Successor Agency to the
Community Improvement Commission of the City of Alameda (the "Successor
Agency "), unless and until the Conveyance Parcel 7 is conveyed by the Successor
Agency to a private entity and is subsequently developed for a use other than its
existing use, thereby better assuring that Conveyance Parcel 7 will be adaptably
reused for maritime commercial purposes; and
WHEREAS, in the Petition, the petitioner has advised that, without
the requested alteration to the Rate and Method of Apportionment, it is unlikely
that any private entity will agree to acquire Conveyance Parcel 7 from the
Successor Agency due to the special tax levy that would apply to Conveyance
Parcel 7 in that event under the current Rate and Method of Apportionment even
though the use of Conveyance Parcel 7 has not changed from its current use; and
WHEREAS, the City has been advised by NBS, the City's Special
Tax Consultant, that: (a) Conveyance Parcel 7 is currently classified under the
Rate and Method of Apportionment as "Exempt Property" not subject to the levy of
the special taxes; (b) the alteration to the Rate and Method of Apportionment
proposed by the petitioner will not diminish the maximum special tax that is
currently being levied on parcels in the District to repay the Bonds, and will not
result in increases in the current annual special tax levies on other parcels in the
District that are now classified as Developed Property under the Rate and Method
of Apportionment; (c) if the ownership of Conveyance Parcel 7 is transferred from
the Successor Agency to a private entity such that it becomes classified as Taxable
Property under the Rate and Method of Apportionment, based on its current use it
would not be classified as Developed Property under the Rate and Method of
Apportionment such that the current annual levy of special taxes on parcels in the
District that are now classified as Developed Property would not increase;
however, if the use of Conveyance Parcel 7 does change in the future and after it
becomes classified as Taxable Property and the requested alteration of the Rate
and Method of Apportionment does not occur, future special tax levies on all
properties then classified as Developed Property could potentially decrease as a
result of the Conveyance Parcel 7 becoming Taxable Property; and
WHEREAS, in its Petition, the petitioner has agreed to pay the costs
of the City to conduct proceedings under the Law to so alter the Rate and Method
of Apportionment, whether or not the proceedings successfully result in the
requested alteration of the Rate and Method of Apportionment; and
WHEREAS, in light of the foregoing, the City Council now desires to
conduct proceedings to alter the Rate and Method of Apportionment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Alameda that:
1. This City Council hereby finds and determines that the public
convenience and necessity require that the Rate and Method of Apportionment be
altered as provided for in this Resolution.
2. The name of the District is "City of Alameda Community Facilities
District No. 13 -1 (Alameda Landing Public Improvements)." Reference is hereby
made to the Resolution of Formation for further particulars regarding the District.
3. The territory included in the District, and the original boundaries
of the District, are as shown on the map of the District recorded in the office of the
Alameda County Recorder on December 12, 2013 in Book 18 at Page 45 of Maps
of Assessment and Community Facilities Districts. The territory annexed to the
District, and the boundaries thereof, are as shown on the map of the annexation
area recorded in the office of the Alameda County Recorder on May 1, 2015 in
Book 317 at Page 45 of Maps of Assessment and Community Facilities Districts.
4. The Rate and Method of Apportionment for the District is
proposed to be altered by adding certain defined terms to Section A thereof, and
to amend and restate Section E thereof, all as described in Exhibit A hereto. Based
on the analysis completed by NBS, the City's Special Tax Consultant, the City
Council hereby finds that the proposed alteration of the Rate and Method of
Apportionment will not result in a decrease in the maximum special taxes that may
be levied in the District below an amount, for any fiscal year, equal to 110% of the
aggregate debt service due on the Bonds in such fiscal year plus a reasonable
estimate of expenses to administer the District for such fiscal year.
5. The alteration of the Rate and Method of Apportionment as
described in Exhibit A 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 qualified electors of the District, with each
person registered to vote with an address located in the District at the time of the
close of the public hearing described below, as confirmed by the County Registrar
of Voters, having one vote.
6. Tuesday, October 3, 2017, at 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, are
hereby set as the time and place when and where the City Council, as legislative
body for the District, will conduct a public hearing on the alteration of the Rate and
Method of Apportionment, and consider and finally determine whether the public
interest, convenience and necessity require said alteration.
7. The City Clerk is hereby directed to cause notice of the public
hearing described in Section 6 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 B hereto.
8. The City has engaged the firm of NBS as Special Tax Consultant
and the law firm of Quint & Thimmig LLP as Bond Counsel, in each case to assist
the City in connection with these proceedings. The execution by the City Manager
of agreements with said firms is hereby ratified.
9. This Resolution shall take effect upon its adoption.
B. A complete copy of the Resolution of Consideration, including the exhibit
to the Resolution of Consideration which describes the proposed alteration of the rate
and method of apportionment of special taxes for the District, is on file in the office of the
City Clerk.
C. The time and place established under the Resolution of Consideration
for the public hearing required under the Law are Tuesday, October 3, 2017, 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 public hearing, the testimony of all interested persons or taxpayers
for or against the alteration of the rate and method of apportionment of special taxes for
the District 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 in the District, or the owners of one-half or more of the
area of land in the territory included in the District and not exempt from the special tax file
written protests against the alteration of the rate and method of apportionment of special
taxes for 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 so alter the
rate and method of apportionment for a period of six months from the date on which the
public hearing was closed.
E. The proposed voting procedure shall be by special mail or hand-
delivered ballot of the persons registered to vote using an address located in the District,
as of the date of the close of the public hearing.
/s/ Lara Weisiger
City Clerk,
City of Alameda
1, 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 19th day of September, 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 20th day of September, 2017.
Lara Weisiger, City Cle k)
City of Alameda
Approved as to Form:
Janet ,C. Kern, City Attorney
City ofiAlameda