Resolution 15482CITY OF ALAMEDA RESOLUTION NO. 15482
DECLARING RESULTS OF SPECIAL ELECTION IN COMMUNITY
FACILITIES DISTRICT NO. 17-1 (ALAMEDA POINT PUBLIC
SERVICES DISTRICT), DETERMINING THAT ALTERATION OF THE
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
FOR THE DISTRICT IS LAWFULLY AUTHORIZED, AND DIRECTING
RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX
LIEN
WHEREAS, in proceedings heretofore conducted by this City Council of the City
of Alameda (this "City Council") 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"), on October 16, 2018, this City Council adopted a Resolution Calling Special
Election Regarding Alteration of the Rate and Method of Apportionment of Special Taxes
for Community Facilities District No. 17-1 (Alameda Point Public Services District) (the
"Resolution Calling Election"), calling for a special election of the qualified electors within
the City of Alameda Community Facilities District No. 17-1 (Alameda Point Public
Services District) (the "District"); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by
this reference incorporated herein, the special election was held on December 6, 2018,
and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of
which is attached hereto as Attachment A; and
WHEREAS, this City Council has reviewed said canvass and hereby approves it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
that:
1 . The issue presented at the special election for the District was the alteration of
the rate and method of apportionment of special taxes for the District, as described in the
Resolution of Consideration referenced in the Resolution Calling Election.
2. The results of said special election are as set forth in said Canvass on file with
the City Clerk, a copy of which is attached to this Resolution as Attachment A, which
Canvass is incorporated herein by this reference. Pursuant to said Canvass, the issue
presented at the special election was approved by more than two-thirds of the votes cast
by the qualified electors of the District.
3. This City Council hereby determines that the alteration of the rate and method
of apportionment of special taxes for the District, as described in the Resolution of
Consideration referenced in the Resolution Calling Election, is lawfully authorized.
4. The City Clerk is hereby directed to execute and cause to be recorded in the
office of the County Recorder of the County of Alameda an amendment to the notice of
special tax lien for the District, in substantially the form attached hereto as Attachment B,
said recording to occur no later than ninety (90) days following adoption by this City
Council of this Resolution.
5. It is hereby found that all prior proceedings and actions taken by this City
Council with respect to the District, and the alteration of the rate and method of
apportionment of special taxes for the District, were valid and in conformity with the Law.
6. This Resolution shall take effect upon its adoption.
ATIACHMENTA
CANVASS OF RETURNS AND STATEMENT OF RESULT OF ELECTION
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 17-1
(ALAMEDA POINT PUBLIC SERVICES DISTRICT)
I hereby certify that on December 1 0, 2018, I canvassed the returns of the election
held on December 6, 2018, in the City of Alameda Community Facilities District No. 17-1
(Alameda Point Public Services District), and that the total number of votes cast for and
against the ballot measure are as follows, and that the totals as shown for and against
the measure are full, true and correct:
BALLOT MEASURE A: Shall the definitions of "Developed Property" and of "Non-
Residential Property" in the rate and method of apportionment of special taxes for City of
Alameda Community Facilities District No. 17-1 (Alameda Point Public Services District)
(the "District") be altered as described in the City Council Resolution adopted October 2,
2018, entitled "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)"?
Qualified
Eligible
Votes
608
Votes Cast
486
YES NO
479 7
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 10th day of
December, 2018.
A-1
By: /s/ Lara Weisiger
Lara Weisiger, City Clerk
City of Alameda
ATTACHMENT B
FORM OF AMENDMENT TO
NOTICE OF SPECIAL TAX LIEN
RECORDING REQUESTED BY:
City Clerk, City of Alameda
263 Santa Clara Avenue, Room 380
Alameda, CA 94501
Recorded for the benefit of the City of
Alameda
pursuant to Government Code Section
27383
WHEN RECORDED MAIL TO:
City Clerk, City of Alameda
263 Santa Clara Avenue, Room 380
Alameda, CA 94501
(THIS SPACE FOR RECORDER'S USE ONLY)
AMENDMENTNO. TO
NOTICE OF SPECIAL TAX LIEN
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 17-1
(ALAMEDA POINT PUBLIC SERVICES DISTRICT)
Pursuant to the requirements of Section 3114.5 of the California Streets and
Highways Code and the City of Alameda Special Tax Financing Improvement Code,
constituting Section 3-70.1 et seq. of the Alameda Municipal Code (the "Law") a Notice
of Special Tax Lien (the "Original Notice") with respect to the City of Alameda Community
Facilities District No. 17-1 (Alameda Point Public Services District) (the "District") was
recorded in the Office of the County Recorder of the County of Alameda on March 22,
2017, as Document No. 2017067377.
This Amendment No. __ to Notice of Special Tax Lien amends the
Original Notice in order to reflect a change to the rate and method of apportionment of
special taxes tor the District as described in Exhibit B attached hereto and hereby made
a part hereof.
B-1
The name(s) of the owner(s) of the land, and the assessor's tax parcel
number(s) for, the real property which is included within the District and not exempt from
the special tax are as set forth in Exhibit A attached hereto and hereby made a part hereof.
Reference is made to the boundary map of the District recorded on March
9, 2017 in Book 18 of Maps of Assessment and Community Facilities Districts at Pages
77-80, in the office of the County Recorder for the County of Alameda, State of California,
and to the Annexation Map referred to above for territory added to the District.
For further information concerning the current and estimated future tax
liability of owners or purchasers of real property or interests therein subject to this special
tax lien, interested persons should contact the Finance Director of the City of Alameda,
2263 Santa Clara Avenue, Alameda, California 94501, telephone number (510) 747-
4888.
Dated: ______ , 2019
By: ______________________ ___
Lara Weisiger, City Clerk,
City of Alameda
EXHIBIT A
ASSESSOR'S PARCEL NUMBERS FOR, AND OWNERS OF
LAND WITHIN THE CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 17-1
(ALAMEDA POINT PUBLIC SERVICES DISTRICT)
B-2
Alameda County
Assessor's Parcel Nos.
07 4 -1375-003-00
07 4 -1375-006-00
07 4 -1375-004-00
074 -0890-001-28
074 -0890-001-36
074 -0890-001-37
074 -0890-001-38
07 4 -1367-008-02
074 -1367-016-02
074-1367-017-02
074-1367-018-00
07 4 -1367-023-01
07 4 -1367-024-00
07 4 -1367-025-00
07 4 -1367-026-00
074-1367-027-00
07 4 -1367-028-00
07 4 -1367-029-00
07 4 -1367-030-00
074 -1367-031-00
07 4 -1368-001-00
07 4 -1368-003-00
07 4 -1368-009-02
07 4 -1368-018-00
074 -1375-001-00
07 4 -1375-002-00
074 -1375-007-00
07 4 -1375-008-00
074-1376-001-00
07 4 -1376-003-00
07 4 -1376-004-00
074 -1378-001-00
07 4 -1378-002-00
07 4 -1378-004-00
07 4 -1378-005-00
074 -0890-001-47,
07 4 -1369-025-03
B-3
Owner of Parcels
707/9 WEST TOWER
AVENUE LLC
c/o SRMERNST
DEVELOPMENT
2220 Livingston St #208
Oakland, CA 94606
800 WEST TOWER AVENUE
LLC
800 W Tower Ave #40
Alameda, CA 94501
AP BUILDING 91 LLC
c/o SRMERNST
DEVELOPMENT
2220 Livingston St #208
Oakland, CA 94606
CITY OF ALAMEDA
2263 Santa Clara Ave
Alameda, CA 94501
UNITED STATES OF
AMERICA
c/o BRAG PMO West NAVFAC
HQ, Navy BRAG PMO
33000 Nixie Way, Bldg 50,
Suite 207
San Diego, CA 92147
EXHIBIT B
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 17-1
(ALAMEDA POINT PUBLIC SERVICES DISTRICT)
DESCRIPTION OF ALTERATION OF RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES FOR THE DISTRICT
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.
B-4
* * * * * * *
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 January, 2019, by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft-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 16th day of January, 2019.
Approved as to form:
Michael Roush, Interim City Attorney
City of Alameda
Lara Weisiger, City Cle
City of Alameda