Resolution 15435CITY OF ALAMEDA RESOLUTION NO. 15435
RESOLUTION OF CONSIDERATION TO ALTER THE RATE AND METHOD
OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES
DISTRICT NO. 17-1 (ALAMEDA POINT PUBLIC SERVICES DISTRICT)
WHEREAS, on March 21, 2017, the City Council of the City of Alameda (the
"City Council") adopted Resolution No. 15249 (the "Resolution of Formation"), forming the
City of Alameda Community Facilities District No. 17-1 (Alameda Point Public Services
District) (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 proceedings for the formation of the District allow for the levy
of an annual special tax on certain property in the District in order to fund the costs of
municipal services (the "Services") and the costs to administer the District, as described in
the Resolution of Formation; and
WHEREAS, the Resolution of Formation approved a Rate and Method of
Apportionment of Special Taxes for the District (the "Rate and Method of Apportionment"),
which specified the property in the District that would be subject to the special tax levy and
that provided for two distinct "Tax Zones" in which property in the District would be situated;
and
WHEREAS, it has been determined that there is an error in the definition of
"Developed Property" in the Rate and Method of Apportionment (and a related error in the
definition of "Non -Residential Property" in the Rate and Method of Apportionment) that may
prevent the City from realizing the special tax revenues to be derived from property located
in Tax Zone 2 of the District that were anticipated to be available to pay for the Services at
the time of formation of the District; and
WHEREAS, in order to correct the error in the Rate and Method of
Apportionment, the City Council must undertake proceedings under Division III of the Law;
and
WHEREAS, the City Council now desires to conduct the 'necessary
proceedings to alter the Rate and Method of Apportionment in order to correct the error and
to assure the correct levy of the special taxes needed to pay for the Services, as was
anticipated when the District was formed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda that:
1. The 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. 17-1 (Alameda Point Public Services District)." 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 March 9, 2017 in Book 18 at Pages 77-80 of Maps of Assessment and
Community Facilities Districts. Territory was annexed to the District as shown in Exhibit A to
the Amendment No. 1 to Notice of Special Tax Lien recorded in the office of the Alameda
County Recorder on March 15, 2018.
4. The Rate and Method of Apportionment for the District is proposed to be
altered for Fiscal Years commencing with Fiscal Year 2018-2019 by amending and restating
the definitions of "Developed Property" and "Non -Residential Property" to be as described in
Exhibit A to this Resolution, which Exhibit A is by this reference incorporated in this
Resolution.
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. This City Council finds that there are less than twelve persons registered to vote
with an address located within the District for each of the ninety (90) days preceding the date
of adoption of this Resolution. Accordingly, and pursuant to Section 3-70.37b of the Law, the
proposed voting procedure shall be by mailed or hand -delivered ballot among the owners of
land in the District, with each landowner having one vote per acre or portion of an acre of land
owned within the District at the time of the close of the public hearing referred to in Section 6
below.
6. Tuesday, October 16, 2018, 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, is 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 law firm of Quint & Thimmig LLP as Special
Community Facilities District Counsel to assist the City in connection with these proceedings.
The Interim City Manager is hereby authorized to execute an agreement with said firm for its
services, in a form acceptable to the Interim City Manager and the City Attorney.
9. This Resolution shall take effect upon its adoption.
010
DESCRIPTION OF PROPOSED ALTERATION OF THE
RATE AND METHOD OF APPORTIONMENT
The definition of "Developed Property" in the Rate and Method of Apportionment is to
be amended and restated to be as follows:
"Developed Property" means, for each Fiscal Year: (i) all Taxable Property in Tax
Zone 1 for which a building permit was issued after January 1, 2016 and on or before
May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are
being levied; and (ii) all Taxable Property in Tax Zone 2 which has transferred from
public ownership to private ownership and has been improved with any improvements
that have or have had an improvement value on the County Assessor's roll.
The definition of "Non -Residential Property" in the Rate and Method of Apportionment
is to be amended and restated to be as follows:
"Non -Residential Property" means all Assessor's Parcels of Developed Property that
have been improved with vertical improvements other than one or more residential
facilities, and includes Taxable Property Owner Association Property and Taxable
Public Property.
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 17-1
(Alameda Point Public Services District)
NOTICE OF PUBLIC HEARING
Notice is hereby given that on October 2, 2018, 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. 17-1 (Alameda Point
Public Services District) (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 March 21, 2017, the City Council of the City of Alameda
(the "City Council") adopted Resolution No. 15249 (the "Resolution of Formation"),
forming the City of Alameda Community Facilities District No. 17-1 (Alameda Point
Public Services District) (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 proceedings for the formation of the District allow for
the levy of an annual special tax on certain property in the District in order to fund the
costs of municipal services (the "Services") and the costs to administer the District, as
described in the Resolution of Formation; and
WHEREAS, the Resolution of Formation approved a Rate and Method
of Apportionment of Special Taxes for the District (the "Rate -and Method of
Apportionment"), which specified the property in the District that would be subject to
the special tax levy and that provided for two distinct "Tax Zones" in which property in
the District would be situated; and
WHEREAS, it has been determined that there is an error in the definition
of "Developed Property" in the Rate and Method of Apportionment (and a related error
in the definition of "Non -Residential Property" in the Rate and Method of
Apportionment) that may prevent the City from realizing the special tax revenues to
be derived from property located in Tax Zone 2 of the District that were anticipated to
be available to pay for the Services at the time of formation of the District; and
WHEREAS, in order to correct the error in the Rate and Method of
Apportionment, the City Council must undertake proceedings under Division III of the
Law; and
WHEREAS, the City Council now desires to conduct the necessary
proceedings to alter the Rate and Method of Apportionment in order to correct the
error and to assure the correct levy of the special taxes needed to pay for the Services,
as was anticipated when the District was formed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda that:
1. The 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. 17-1 (Alameda Point Public Services District)." 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 March 9, 2017 in Book 18 at Pages 77-80 of Maps of
Assessment and Community Facilities Districts. Territory was annexed to the District
as shown in Exhibit A to the Amendment No. 1 to Notice of Special Tax Lien recorded
in the office of the Alameda County Recorder on March 15, 2018.
4. The Rate and Method of Apportionment for the District is proposed
to be altered by amending and restating the definitions of "Developed Property" and
"Non -Residential Property" to be as described in Exhibit A to this Resolution, which
Exhibit A is by this reference incorporated in this Resolution.
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. This City Council finds that there are less than twelve persons
registered to vote with an address located within the District for each of the ninety (90)
days preceding the date of adoption of this Resolution. Accordingly, and pursuant to
Section 3-70.37b of the Law, the proposed voting procedure shall be by mailed or
hand -delivered ballot among the owners of land in the District, with each landowner
having one vote per acre or portion of an acre of land owned within the District at the
time of the close of the public hearing referred to in Section 6 below.
6. Tuesday, October 16, 2018, 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, is 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 law firm of Quint & Thimmig LLP as
Special Community Facilities District Counsel to assist the City in connection with
these proceedings. The Interim City Manager is hereby authorized to execute an
agreement with said firm for its services, in a form acceptable to the Interim City
Manager and the City Attorney.
9. This Resolution shall take effect upon its adoption.
B. A complete copy of the Resolution of Consideration, including Exhibit A 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 16, 2018, 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 owning property in the District as of the date of the close of the public
hearing.
/s/ Lara. Weisiger
City Clerk,
City of Alameda
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 2nd day of October, 2018, 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 3rd day of October, 2018.
Lara Weisiger, City C' r
City of Alameda
APPROVED AS TO FORM:
Janet C Kern, City Attorney
City of Alameda