CITY OF ALAMEDA RESOLUTION NO. _______
DECLARING INTENTION TO ESTABLISH THE CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22 -1 (ALAMEDA MARINA),
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, the City of Alameda Special Tax Financing Improvement Code, constituting Section 3-70.1 et seq. of the Alameda Municipal Code (the “Law”) allows for the formation by the City Council of community facilities districts; and
WHEREAS, on June 2, 2020 , this City Council adopted a Resolution entitled “Authorizing the Commencement of Proceedings for the Formation of a Community Facilities District, Designating Consultants, Approving a Deposit/Reimbursement Agreement and Authorizing and Directing Certain Related Actions With Respect Thereto – Alameda Marina,” which Resolution authorized the commencement of proceedings for the formation of a community facilities district under the Law and approved a Deposit/Reimbursement Agreement between the City of Alameda (City) and Alameda Marina, LLC (the “Developer”) related thereto; and
WHEREAS, City staff and consultants have been working with the Developer to determine various aspects of the proposed community facilities district, as necessary to the commencement of proceedings to form the community facilities district; and
WHEREAS, under the Law, this City Council is the legislative body for the proposed community facilities district and is empowered with the authority to establish the community facilities district and levy special taxes on property located within the community facilities district; and
WHEREAS, Arroyo Cap II-5, a Delaware limited liability company, the sole owner of the property proposed to be initially included within the boundaries of the proposed community facilities district, has submitted to the City a Petition (including Waivers) (the “Petition”) requesting that the City Council form a community facilities district; and
WHEREAS, this City Council now desires to proceed with the actions necessary to consider the establishment of the community facilities district to finance certain seawall, roadway and related improvements incident to the development of the Alameda Marina area as contemplated by the Alameda Marina Master Plan, approved by the City Council in July of 2018, as well as costs of formation of a related community facilities district being formed by the City for maintenance and adaptive measures related to shoreline and seawall improvements authorized to be financed by the community facilities district.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that:
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1. This City Council proposes to begin the proceedings necessary to establish the community facilities district (the “District”) pursuant to the Law. Receipt of the Petition to form the District is hereby acknowledged.
In furtherance of the formation of the District, it is also acknowledged that the City and the Developer are parties to a Deposit/Reimbursement Agreement, pursuant to which the Developer has deposited funds with City to pay the costs of cond ucting the proceedings to establish the District and the possible issuance by the City of bonds for the District, subject to reimbursement from the proceeds of bonds when and if issued for the District, all as more specifically provided in the Deposit/Reimbursement Agreement.
2. The name proposed for the District is City of Alameda Community Facilities District No. 22-1 (Alameda Marina).
3. The proposed boundaries of the District are as shown on the map of the District on file with the City Clerk, which 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 not later than 15 days after the date of adoption of this Resolution.
4. The types of facilities (the “Facilities”) proposed to be eligible for funding by the District and pursuant to the Law shall consist of those facilities described in Exhibit A hereto, which Exhibit is by this reference incorporated herein.
5. Except to the extent that funds are otherwise available to the District to pay costs of the Facilities and to pay the principal and interest as it becomes due on bonds issued by the City for the District to pay costs of the Facilities, a speci al 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 area of the District and collected in the same manner as ordinary ad valorem pr operty 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 area of the District, in sufficient detail to allow each landowner or resident within the proposed District to estimate the maximum amount such owner or resident will have to pay is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein.
6. It is the intention of this City Council, acting as the legislative body for the District, to cause bonds of the City to be issued for the District pursuant to the Law to finance costs of the Facilities. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $ 37,000,000, shall bear interest payable semi -annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized b y applicable law at the time of sale of such bonds, and shall mature not to exceed 50 years from the date of the issuance thereof.
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7. The levy of the proposed special tax in the District shall be subject to the approval of the qualified elector of the District at a special election. The proposed voting procedure shall be by mailed or hand -delivered ballot of the owner of the land proposed to be included in the District, with the landowner having one vote for each acre or portion of an acre of land it owns in the area of the District.
8. 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 Facilities, the issuance of bonds by the City for the District and any expenses of the District.
9. The Director of Public Works of the City is hereby directed to study the proposed Facilities 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 Facili ties by type proposed to be eligible to be financed by the District.
(b) An estimate of the cost of providing the Facilities, including the costs of the proposed bond financing and of the City’s administration of the District.
Said report shall be made a part of the record of the public hearing provided for below.
10. During the City Council meeting set for Tuesday, April 19, 2022, commencing at 7:00 p.m. , this City Council, as legislative body for the District, will conduct a public hearing on the esta blishment 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 the special tax within the area of the District. The public may participate at the public hearing as described at the end of the notice described in Section 12 below.
11. The City may accept advances of funds or work in -kind from any owner of property in the District, and may use those funds or that work in -kind for any authorized purpose of the District, as contemplated by 3 -70.9 of the Law. The District may repay any funds so advanced or the value or cost of the work in-kind, subject to the requirements of 3-70.9 of the Law, on such terms and under such conditions as this City Council, acting as legislative body of the District, may establish.
12. The City Clerk is hereby directed to cause notice of the public hearing described in Section 10 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 C hereto.
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13. This City Council hereby determines that public convenience and necessity require that territory be added to the District in the future, and that this Resolution shall constitute a resolution of intention to annex territory to the District pursuant to Section 3 -
70.66 of the Law. The name for the District is City o f Alameda Community Facilities District No. 22-1 (Alameda Marina). The territory proposed for annexation to the District in the future is as indicated as such on the map of the District described in Section 3 above (the “Annexation Area”); provided that such territory or any portion thereof may be annexed to the District only with the unanimous approval of the owner or owners of each parcel or the parcels to be annexed at the time that parcel or those parcels are so annexed. The types of facilities to be provided in the District and in the Annexation Area are the “Facilities” referenced in Section 4 above, and will be shared by the territory initially included in the District and the territory to be annexed in the future. The special taxes which will be l evied in the Annexation Area shall be the same as those described in Section 5 above, or will otherwise be determined at the time of annexation which may involve the addition of new Tax Zones (as contemplated by the Rate and Method of Apportionment of Spe cial Taxes for the District) , and there shall be no alteration in the special tax levied in the District prior to any annexation as a result of any proposed annexation except as may occur by operation of the Rate and Method of Apportionment of Special Tax in Exhibit B solely as a result of additional territory being included within the District. The public hearing regarding the proposed annexation described in this Section 13 and required by Section 3 -70.66 d. of the Law shall be combined with the hearing described in Section 10 above, and the notice described in Section 12 above shall constitute the notice required by Section 3-70.66 d. of the Law.
14. The Acquisition and Funding Agreement, in the form on file with the City Clerk, is hereby approved. The City Manager is hereby authorized and directed to execute and deliver the Acquisition and Funding Agreement in said form, together with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with the City Attorney and the City’s bond counsel for the District, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Acquisition and Funding Agreement by the City Manager.
15. This Resolution shall take effect upon its adoption.
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EXHIBIT A
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-1
(ALAMEDA MARINA)
DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT
FACILITIES
The District shall be eligible to finance all or a portion of the costs of the following facilities constructed or to be constructed in the vicinity of the District and the potential annexation area to the District:
• Seawall Improvements, including but not limited to the reconstruction of approximately 4,009 linear feet of shoreline embankments, seawall, bulkheads and revetment slopes. The improvements include, but are not limited to overwater demolition of existing structural features, re-grading and installation of riprap (including earth removal and grading), removal of existing seawall and pile driving steel members along with backfill (including lava rock) and lagging installation, construction of cast -in-place concrete walls, placement of new cast-in-place deadman anchor, installation of tie rods, installation of interlocking steel sheets and including related appurtenances. • Outfall Construction, including but not limited to acquisition and installation of stormwater out-fall improvements consisting of reinforced concrete piping and related headwall and related appu rtenances, as well as construction of temporary cofferdam to control seawater during construction (including a concrete headwall and storm drain piping).
• Promenade Wharf Retrofit, including but not limited to structural retrofit of existing promenade, cons isting of installation of precast concrete piles, steel girders, overwater demolition of deteriorated wood piles and seismic jacketing of wood piles, and related appurtenances.
• Boat Hoist construction, including but not limited to pile driving precast concrete and steel piles, installation of an elevated cast-in-place concrete platform, and related appurtenances.
• Graving Dock Construction, including but not limited to excavation, removal of deteriorated lagging, installation of steel sheets and precast conc rete piles, backfill and compaction, and related appurtenances.
• Clement Avenue Improvements, including but not limited to the reconstruction of approximately 4,450 linear feet of Clement Avenue for the frontage from Alameda Marina Drive to Willow Street and including but not limited to demolition of existing improvements, grinding and overlay of new asphalt paving, upgrading of underground conduits, upgrading of storm and sewer
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drain catch basins and manholes, removal of existing water service, installation of street lights, sidewalks, curb and gutter and landscaping and irrigation system, and fencing, construction of dedicated bike lane and striping and signage, and related appurtenances.
The Facilities eligible to be financed are to include the costs of design, engineering and planning, the costs of any environmental or other studies, surveys or reports, the cost of any required environmental mitigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, co ordination and supervision, City of Alameda staff and consultant costs, and any other costs or appurtenances related to any of the public improvements to be financed.
OTHER
The District may also finance any of the following:
• Bond related expenses, inc luding underwriters discount, appraisal and absorption study costs, reserve fund, capitalized interest, financial advisor, special tax consultant, bond counsel and underwriters’ counsel fees and expenses, landowner counsel fees and expenses, official state ment printing, and all other incidental expenses.
• Administrative fees and expenses of the City and the Bond trustee or fiscal agent related to the District and the Bonds , and costs of the City or designee in complying with disclosure requirements of the California Government Code and federal securities laws.
• Reimbursement of costs related to the formation of the District and the formation by the City of a community facilities district to fund maintenance of seawall and shoreline improvements, and adaptive measures related to the Seawall Improvements described under the heading “Facilities” above, in each case advanced by the City, any landowner or developer of property in the District, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, any landowner or developer of property in the District or any party related to any of the foregoing, for facilities or other purposes or costs of the District.
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-1
(ALAMEDA MARINA)
A Special Tax, as hereinafter defined, shall be levied on all Assessor’s Parcels in the City of Alameda (the “City”) Community Facilities District No. 22-1 (Alameda Marina) (“CFD No. 22-1”) and collected each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the CFD Administrator, through the application of the Rate and Method of Apportionment of Special Taxes as set forth below. All of the real property in CFD No. 22-1, 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:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Dwelling Unit are on the same Asses sor’s Parcel, the ADU located on such Assessor’s Parcel is not considered a separate Dwelling Unit from the primary Dwelling Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will not be subject to the levy of the Special Tax.
"Acre” or “Acreage" means that acreage shown on the Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable Final Subdivision Map or parcel map, or by using available spatial data and GIS.
"Act" means the City of Alameda Special Tax Financing I mprovement Code, Section 3-70.1 et seq. of the City’s Municipal Code, as in effect at the time of formation of CFD No. 22-1.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 22-1: the costs of any paying agents/fiscal agents/trustees related to CFD No. 22-1 Bond payments
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(including the fees and expenses of related counsel); the costs of computing the Special Tax Requirement, the Special Taxes and of preparing the collection schedules for the Special Taxes; the costs of collecting the Special Taxes, including any charges levied by the County Auditor’s Office, County Tax Collector’s Office or County Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code and federal securities laws, or otherwise related to CFD No. 22 -1 or CFD No. 22 -1 Bonds; costs of responding to public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Taxes or interpretation of this Rate and Method of Apportionment of Special Taxes; amounts needed to pay rebate to the federal government related to CFD No. 22-1 Bonds; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in CFD No. 22 -1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 22-1 for any other administrative purposes of CFD No. 22-1.
“Apartment Property” means an Assessor’s Parcel of Developed Property on which all or any portion of a structure or structures with multiple for-rent Dwelling Units are located. If Apartment Property is subsequently reclassified as Residential Property, Special Taxes levied on suc h reclassified Assessor’s Parcels shall be modified to match those of Residential Property.
“Assessor’s Data” means the property characteristic data compiled and maintained by the County Assessor for each Assessor’s Parcel, including, but not limited to, Assessor’s Parcel Number, Acreage, and Dwelling Units. "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 designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification.
“Assigned Special Tax” means the Assigned Speci al Tax determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Authorized Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 22-1.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor’s Parcel of Developed Property, as determined in accordance with the applicable subsection of Section C below.
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“Below Market Rate Units” or “BMR Units” means Dwelling Units located on one or more Assessor’s Parcels of Residential Property or Townhome Property that are subject to affordable housing restrictions pursuant to City Municipal Code Section 30-16. Units constructed within CFD No. 22-1 shall be designated as BMR Units by t he CFD Administrator in the chronological order in which the Building Permits for such BMR Units are issued.
“Building Permit” means a permit issued by the City for new construction of a residential or non-residential building on an Assessor’s Parcel. “Buildout” means the state of maximum development of CFD No. 22-1 and any property annexed thereto, based on plans and anticipated development. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and otherwise providing for the levy and collection of the Special Taxes.
"CFD No. 22-1" means City of Alameda Community Facilities District No. 22-1 (Alameda Marina), established by the City Council pursuant to the Act. “CFD No. 22-1 Bonds” means bonds or other Debt (as defined in section
3.70.14 of the Act), whether in one or more series, issued or assumed by or on behalf of the City for CFD No. 22 -1 under the Act, and secured by pledge of the Special Taxes.
“City” means the City of Alameda, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 22-1.
"County" means the County of Alameda.
“Debt Service” means for each Debt Year, the total amount of principal and interest due on any outstanding CFD No. 22-1 Bonds. “Debt Year” means the twelve (12) month period ending on the second debt service payment date of each calendar year.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a Building Permit was issued after January 1, 2021 and on or before May 1st of the prior Fiscal Year.
“Dwelling Unit” means one residential unit of any configuration, including, but not limited to, a single family attached or detached dwelling, townhome, condominium, or otherwise. The number of Dwelling Units assigned to each Assessor’s Parcel may be determined by the CFD Administrator (i) referencing
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Assessor’s Data, (ii) site surveys and physic al unit counts, and/or (iii) reviewing City building permit data. An Accessory Dwelling Unit shall not be considered a Dwelling Unit for the purposes of the Special Tax.
“Exempt Property” means all property located within the boundaries of CFD No. 22-1 which is exempt from the Special Tax pursuant to Section E below. “Expected Dwelling Units” means the number of Dwelling Units anticipated to be developed in each Land Use class as shown in Table 2. “Expected Revenue” means the Special Tax revenue expected to be generated by each Land Use Class as shown in Table 2.
“Final Map Property” means, in any Fiscal Year, all Taxable Property, exclusive of Developed Property, Taxable Property Owner Association Property, and Taxable Public Property, for which a Final Subdivision Map has recorded prior to May 1st of the preceding Fiscal Year, but no earlier than January 1, 2021. "Final Subdivision Map" means a final subdivision map, parcel map or lot line adjustment, approved by th e City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285, that creates individual lots for which Building Permits may be issued without further subdivision of such property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
“GIS”, or geographic information system, means a system designed to capture, store, manipulate, analyze, manage, and present spatial or geogr aphic data.
“Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which CFD No. 22 -1 Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Class” means any of the classes listed in Table 1 and Table 2. "Maximum Special Tax” means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Non-Residential Floor Area” means the total building square footage of the non-residential building(s) or the non-residential portion of a building with both residential and non -residential areas located on an Assessor’s Parcel of
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Developed Pr operty, measured from outside wall to outside wall, not including space devoted to stairwells, public restrooms, lighted courts, vehicle parking and areas incident thereto, and mechanical equipment incidental to the operation of such building. The determination of Non-Residential Floor Area shall be made by the CFD Administrator by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or the records of the City’s building division. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit permitting the construction of one or more non-residential buildings or facilities has been issued. “Outstanding CFD No. 22-1 Bonds” means all CFD No. 22-1 Bonds which are outstanding under and in accordance with the provisions of the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 22 -1 that is owned by a property owner association, including any master or sub-association, but not including any such property that is located directly under a residential structure. "Proportionately" means, for Developed Property and Final Map Property, which the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal within each respective Tax Zone. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal within each respective Tax Zone. "Public Property" means property within the boundaries of CFD No. 22-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right -of-way has been granted to the federal government, the State, the County, the City, or any local government or other publ ic agency, provided that any property leased by a public agency to a private entity shall be taxed and classified according to its use.
“Residential Property” means all Assessor’s Parcels of Developed Property that is not Townhome Property or Apartment Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. "Special Tax(es)" means the special tax or special taxes to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD N o. 22-1 to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 22 -1 to (1) pay Debt Service on all Outstanding CFD No. 22 -1 Bonds which is due in the Debt Year that commences in such Fiscal Year; (2) pay Administrative Expenses; (3) provide any amount required to establish or replenish a reserve fund in connection with any CFD No. 22-1 Bonds; (4) provide any amount required to establish or replenish any operating reserve held by the City for
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Administrative Expenses; (5) provide an amount equal to reasonably anticipated Special Tax delinquencies based on the delinquency rate for Special Taxes levied in the previous Fiscal Year as determined by the CFD Administrator, as limited by the Act, and without duplicating any amounts described in clauses (3) or (4). The amounts referred to in clauses (1) through (5) of the preceding sentence may be reduced in any Fiscal Year (in the City's sole discretion) by (i) interest earnings on or surplus balances in funds and accounts for CFD No. 22 -1 Bonds to the extent that such earnings or balances are available to apply against Debt Service pursuant to the Indenture, (ii) proceeds from the collection of penalties associated with delinquent Special Tax, and (iii) any other revenues available to pay Debt Service on the Outstanding CFD No. 22 -1 Bonds or other indebtedness as determined by the CFD Administrator.
"State" means the State of California.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 22-1 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 22 -1, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 22 -1 shall be identified by Asses sor’s Parcel number in the annexation documents at the time of annexation.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 22-1 which are not exempt from the Special Tax pursuant to law or Section E below.
“Taxable Property Owner Association Property” means all Assessors Parcels of Property Owner Association Property that are not exempt pursuant to Section E herein.
“Taxable Public Property” means all Assessors Parcels of Public Property that are not exempt pursuant to Section E herein.
“Taxable Welfare Exempt Property” means all Assessors Parcels of Welfare Exempt Property that are not exempt pursuant to Section E herein. “Townhome Property” means Residential Property generally characterized as having a direct ground floor private entry where living space occurs on multiple levels of roughly the same proportion and having at least one vertical wall extending from ground to roof dividing it fr om the adjoining Dwelling Unit.
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"Trustee" means the trustee or fiscal agent acting as such under the Indenture.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Map Property, Taxable Property Owner Association Property, Welfare Exempt Property, or Taxable Public Property.
“Welfare Exempt Property” means all Assessor’s Parcels within the boundaries of CFD No. 22 -1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 22 -1. If any Assessor’s Parcel Numbers are no longer valid from the previous Fiscal Year, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers that are in effect for the current Fiscal Year. To the extent an Assessor’s Parcel(s) of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Special Tax rates shall be assigned to the new Assessor’s Parcel(s) pursuant to Section C.
Each Fiscal Year, all Assessor’s Parcels within CFD No. 22 -1 shall be classified as follows:
1. Each Assessor’s Parcel shall be determined to be Taxable Property or Exempt Property.
2. Each Assessor’s Parcel of Taxable Property shall further be classified as Developed Property, Final Map Property, Taxable Public Property, Taxable Property Owner Association Property, Taxable Welfa re Exempt Property, or Undeveloped Property. Taxable Property shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment of Special Taxes determined pursuant to Sections C and D below.
3. Each Assessor’s Parcel of Developed Pro perty, Taxable Public Property and Taxable Welfare Exempt Property shall further be classified as Townhome Property, or Non-Residential Property.
C. MAXIMUM SPECIAL TAX RATES – TAX ZONE NO. 1
1. Developed Property and Final Map Property
The Maximum Special T ax for each Assessor’s Parcel of Developed Property and Final Map Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax.
a. Assigned Special Tax
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The Assigned Special Tax for each Assessor’s Parcel of Developed Property and Final Map Property is shown in Table 1.
TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY AND FINAL MAP
PROPERTY
FISCAL YEAR 2022/23
Land
Use
Class Description Assigned Special Tax
1 Townhome Property – Greater Than or Equal
to
2,680 Square Feet
$7,942 per Dwelling Unit
2 Townhome Property – 2,430 – 2,679 Square
Feet 7,757 per Dwelling Unit
3 Townhome Property – 2,180 – 2,429 Square
Feet 7,017 per Dwelling Unit
4 Townhome Property – 1,930 – 2,179 Square
Feet 6,992 per Dwelling Unit
5 Townhome Property – 1,680 – 1,929 Square
Feet 6,091 per Dwelling Unit
6 Townhome Property – Less Than 1,680 Square
Feet 5,498 per Dwelling Unit
7 Non-Residential Property 0.75 per Square Foot of Non- Residential Floor Area
Taxable Public Property and Taxable Welfare Exempt Property shall continue to be assigned to the same land use class as the property was assigned to before becoming Taxable Public Property or Taxable Welfare Exempt Property. Taxable Property Owner Association Property shall be assigned to land use class 7.
b. Backup Special Tax
The Backup Special Tax per Land Use Class for each Assessor’s Parcel of Developed Property and Final Map Property, is calculated as follows:
Backup Special Tax = Expected Revenue / Dwelling
Units or Non-Residential Floor Area on Developed Property and/or Dwelling Units or Non-Residential Floor Area
expected on Final Map Property
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For each Land Use Class, by reference to Table 2, should the number of Dwelling Units or Non -Residential Floor Are be less than the Expected Dwelling Units or Non-Residential Floor Area when all Assessor’s Parcels are classified as Developed Property and Final Map Property, the Backup Special Tax per Dwelling Un it or Square Foot of Non -Residential Floor Area shall be adjusted so that the Backup Special Tax per Dwelling Unit or Non -Residential Floor Area is sufficient to generate the Expected Revenue from the levy of Special Taxes on Assessor’s Parcels in each Lan d Use Class in any Fiscal Year. The CFD Administrator shall update Table 2 with the revised Dwelling Units or Non-Residential Floor Area and Expected Revenue to be derived from each Land Use Class.
TABLE 2
EXPECTED DWELLING UNITS AND EXPECTED REVENUE
FISCAL YEAR 2022/23
Land Use
Class
Expected Dwelling Units/Square Feet
of
Non-Residential Floor Area
Expected
Revenue
1 13 $103,246
2 13 100,841
3 21 147,357
4 58 405,536
5 14 85,274
6 38 208,924
7 3,000 2,250
Prior to a sale of CFD No. 22 -1 Bonds, if a Land Use Class change for an Assessor’s Parcel or Assessor’s Parcels is proposed or identified that will result in a change in the Expected Revenues, no action will be needed pursuant to this Section. Each Fiscal Year, the CFD Administrator shall update Table 2 to show the revised Units and Expected Revenues if a Land Use Class change has been approved.
After a sale of CFD No. 22 -1 Bonds, if a Land Use Class change for an Assessor’s Parcel or Assessor’s Parcels is proposed or identified, the following must be applied:
If the Special Tax revenue from the levy of Special Taxes on Assessor’s Parcels in each respective Land Use Class calculated based on the Land Use Class change is greater than the respective revenue reflected in Table 2 or less than the resp ective revenue calculated in Table 2, but the reduction in Expected Revenues does not reduce debt service coverage
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below any minimum debt service coverage assumed in connection with the sale of CFD No. 22 -1 Bonds, no further action is needed, and the CFD Administrator shall update Table 2 to show the revised Expected Revenues.
If the Special Tax revenue from the levy of Special Taxes on Assessor’s Parcels in each respective Land Use Class calculated based on the Land Use Class change are less than the res pective revenue reflected in Table 2, and the CFD Administrator determines that the reduction in Expected Revenues would reduce debt service coverage below any minimum debt service coverage assumed in connection with the sale of CFD No. 22 -1 Bonds, the Special Tax that can be levied on the Assessor’s Parcel subject to a Land Use Class change will be subject to one of the following: (i) the landowner requesting the Land Use Class change may make a partial prepayment of Special Taxes for the Assessor’s Parcel or Assessor’s Parcels subject to the Land Use Class change in an amount that will ensure that the reduced Expected Revenues are sufficient to meet any minimum debt service coverage assumed in connection with the sale of CFD No. 22- 1 Bonds or (ii) if a prepayment is not selected, the Assigned Special Tax on the Assessor’s Parcel or Assessor’s Parcels subject to the Land Use Class change shall be increased proportionately until the Expected Revenues are sufficient to maintain any minimum debt service coverag e assumed in connection with the sale of CFD No. 22-1 Bonds.
c. Increase in the Assigned Special Tax and Backup Special Tax On each July 1, commencing on July 1, 2023, the Assigned Special Tax and the Backup Special Tax for Developed Property and Final Map Property shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.
d. Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property and Final Map Property may contain more than on e Land Use Class. The Special Tax levied on an Assessor’s Parcel shall be the sum of the Special Tax for all Land Use Classes located on that Assessor’s Parcel.
2. Undeveloped Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel of
Undeveloped Property shall be $166,589.23 per Acre in Fiscal Year 2022/23.
b. Increase in the Maximum Special Tax
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On each July 1, commencing on July 1, 2023, the Maximum Special Tax for Undeveloped Property shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
Commencing with Fiscal Year 2022/23 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement, and shall levy the Special Tax until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property and Taxable Welfare Exempt Property at a rate up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Final Map Property at a rate up to 100% of the Maximum Special Ta x for Final Map Property to satisfy the Special Tax Requirement.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the second step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parc el of Undeveloped Property at a rate up to 100% of the Maximum Special Tax for Undeveloped Property to satisfy the Special Tax Requirement.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied on each Assessor’s Parcel of Taxable Property Owner Association Property at a rate up to 100% of the Maximum Special Tax for Taxable Property Owner Association Property to satisfy the Special Tax Requirement.
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the Special Tax shall be levied Proportionately on all Taxable Public Property at a rate up to 100% of the Maximum Special Tax for Taxable Public Property to satisfy the Special Tax Requirement.
E. EXEMPTIONS
1. No Special Tax shall be levied on up to 4.4 Acres of Property Owner Association Property, and up to 0.25 Acres of Public Property. Tax -exempt
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status will be assigned by the C FD Administrator in the chronological order in which property becomes Property Owner Association Property, or Public Property.
2. No Special Tax shall be levied on up to 25 BMR Units. Tax -exempt status will be assigned by the CFD Administrator in the chronol ogical order in which property becomes BMR Units.
3. Any property that is granted a welfare exemption pursuant to Section 53340(c) under the Act under subdivision (g) of Section 214 of the Revenue and Taxation Code prior to the issuance of the first series of CFD No. 22 -1 Bonds shall thereafter be exempt from the levy of the Special Tax. Any property that is granted a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code after the first series of CFD No. 22-1 Bonds have been issued shall not be considered Welfare Exempt Property and shall not be exempt from the levy of the Special Tax.
4. Property Owner Association Property, that is not exempt from the Special Tax under this section, or pursuant to the Act, shall be classified as Taxable Property Owner Association Property. Taxable Property Owner Association Property shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fifth step in Section D above, at up to 100% of the applicable Maxim um Special Tax for Taxable Property Owner Association Property.
5. Public Property, that is not exempt from the Special Tax under this section, or pursuant to the Act, shall be classified as Taxable Public Property. Taxable Public Property shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the sixth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property.
6. Dwelling Units that are ADUs shall not be subject to the levy of the Special Tax.
F. APPEALS
Any property owner may file a written appeal of the Special Taxes with the CFD Administrator claiming that the amount or application of the Special Taxes is not correct. The appeal must be filed not later than one calendar year after having paid the Special Taxes that are disputed, and the appellant must be current in all payments of Special Taxes, including the disputed Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Taxes are in error. The CFD Administrator shall review the appeal, meet with the
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appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
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 final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Taxes to be modified or changed in favor of the property owner, the CFD Administrator shall determine if suffic ient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.
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.
G. INTERPRETATIONS
The City may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment of Special Taxes to correct any inconsistency, vagueness, or ambiguity a s it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as once CFD No. 22-1 Bonds have been issued such correction does not materially adversely affect the levy and collectio n of Special Taxes needed to repay the CFD No. 22 -1 Bonds. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.
H. MANNER OF COLLECTION
The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may, directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner as necessary to meet the financial obligations of CFD No. 22 -1, and may covenant to foreclose and may actually foreclose or cause an action for foreclosure to be prosecuted in respect of Assessor's Parcels of Taxable Property that are delinquent in the payment of the Special Tax.
I. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section I:
"Future Facilities Costs" means, as of the date of prepayment, the costs, as estimated by the CFD Administrator of all Authorized Faci lities financed or anticipated by the City to be financed by CFD No. 22 -1, minus (i) the proceeds of any Previously Issued CFD No. 22 -1 Bonds which were, at the time of issuance, available to the City for Authorized Facilities.
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"Maximum Special Tax Percen tage to be Prepaid" means the percentage of the Maximum Special Tax prepaid as determined by the CFD Administrator after application of the prepayment calculation set forth below. "Previously Issued CFD No. 22 -1 Bonds" means all Outstanding CFD No. 22 -1 Bo nds that have been issued by CFD No. 22 -1 prior to the date of prepayment.
1. Prepayment in Full
The Special Tax obligation of an Assessor's Parcel of Developed Property, Taxable Public Property, Taxable Welfare Exempt Property, Final Map Property, or Undeveloped Property, may be prepaid and permanently satisfied as described herein; provided that there are no delinquent installments of the Special Tax with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel int ending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 45 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Asses sor's Parcel. Prepayment must be made not less than 75 days prior to the next occurring date that notice of redemption of Outstanding CFD No. 22 -1 Bonds, if any , from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture. If a prepayment is made prior to the issuance of CFD No. 22 -1 Bonds, the Redemption Premium, Defeasance Amount, and Reserve Fund Credit as calculated below, shall be zero. The CFD Administrator may charge the property owner requesting a prepayment calculation a fee for providing this service.
The Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Special Tax Prepayment Amount
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As of the proposed date of prepayment, the Special Tax Prepayment Amount (defined below) shall be calculated by the CFD Administrato r as follows:
Step Number:
1. Confirm that no Special Tax delinquency apply to such Assessor’s Parcel, and if delinquencies are applicable compute all amounts due, including interest and penalties.
2. For Assessor’s Parcels of Developed Property, Taxable Public Property and Taxable Welfare Exempt Property compute the Assigned Special Tax and Backup Special Tax. For Assessor’s Parcels of Final Map Property, and Undeveloped Property to be prepaid, compute the Assigned Special Tax and Backup Special Tax for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the building permits expected to be issued for that Assessor’s Parcel.
3. a. Divide the Assigned Special Tax computed pursuant to Step 2 by the total estimated Assigned Sp ecial Tax for CFD No. 22 -1 based on the Developed Property Special Tax which could be charged in the current Fiscal Year on all expected development through Buildout of CFD No. 22 -
1. b. Divide the Backup Special Tax computed pursuant to Step 2 by the total estimated Backup Special Tax for CFD No. 22 -1 based on the Developed Property Special Tax which could be charged in the current Fiscal Year on all expected development through Buildout of CFD No. 22-1. c. Determine which quotient computed pursuant to Step 3.a or 3.b is larger (the “Maximum Special Tax Percentage”).
4. Multiply the Maximum Special Tax Percentage by the Outstanding CFD No. 22-1 Bonds to compute the principal amount of Outstanding CFD No. 22 -1 Bonds to be redeemed (the “Bond Redemption Amount”).
5. Compute the Future Facilities Costs.
6. Multiply the Maximum Special Tax Percentage by the total Future Facilities Costs to compute the Future Facilities amount to be prepaid (the “Future Facilities Amount”).
7. Multiply the Bond Redemption Amount computed pursuant to Step 4 by the applicable redemption premium (e.g., the redemption price -100%, not including accrued interest), if any, on the Outstanding CFD No. 22-1 Bonds
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to be redeemed (the " Redemption Premium") determined by reference to the Indenture.
8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding CFD No. 22-1 Bonds (the “Defeasance Amount”).
9. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding CFD No. 22 -1 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).
10. If reserve funds for the Outstanding CFD No. 22 -1 Bonds held under the Indenture, if any, are at or above 100% of the then reserve requirement (as required by the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve requirement for the Outstanding CFD No. 22 -1 Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the applicable reserve requirement on the prepayment date.
11. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 4, 6, 7, 8 and 9 less the amount computed pursuant to Step 10 (the " Prepayment Amount").
12. From the Prepayment Amount, the amounts computed pursuant to Step 6 shall be used by the City to pay for Future Facilities Costs. The amounts computed pursuant to Step 9, shall be de posited into the appropriate fund as established under the Indenture and be used to redeem Outstanding CFD No. 22 -1 Bonds or make Debt Service payments. The amount computed pursuant to Step 8 shall be retained by the City for the payment of Administrative Fees and Expenses.
The Special Tax Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Outstanding CFD No. 22 -1 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fun d established under the Indenture to be used with the next prepayment of Outstanding CFD No. 22 -1 Bonds or to make Debt Service payments.
Current year Special Taxes that are not yet paid will remain outstanding and will be collected in the manner billed. W ith respect to any Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be recorded in
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compliance with the Act to indicate the prepayment of the Special Tax and the obligation of such Assessor's Parcel satisfied.
Notwithstanding the foregoing, no prepayment will be allowed unless the Maximum Special Tax that may be levied on Taxable Property both prior to and after the proposed prepayment is at least 1.1 times the maximum annual Debt Service on all Outstanding CFD No. 22 -1 Bonds plus annual Administrative Expenses, as reasonably estimated by the CFD Administrator.
2. Prepayment in Part
The Special Tax may be partially prepaid, provided that a partial prepayment may be made after all authorized CFD No. 22 -1 Bonds have been issued and only for Assessor’s Parcels of Developed Property, Taxable Public Property and Taxable Welfare Exempt Property and only if there are no delinquent Annual Special Taxes with respect to such Assessor's Parcel at the time of partial prepayment. The amount of the prepayment shall be calculated as in Section I.1; except that a partial prepayment shall be calculated by the CFD Administrator according to the following formula:
PP = PE x F.
These terms have the following meaning:
PP = the partial prepayment
PE = the Special Tax Prepayment Amount calculated according to Section I.1
F = the Maximum Special Tax Percentage To Be Prepaid
The Special Tax partial prepayment amount must be sufficient to redeem at least a $5,000 increment of Bonds.
The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of such owner’s intent to partially prepay the Special Tax and the percentage by which the Special Tax shall be prepaid . The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax - Facilities for an Assessor’s Parcel within 45 days of the request and may charge a fee for providing this service. With respect to any Assessor’s Parcel that is pa rtially prepaid, the CFD Administrator shall (i) distribute the prepayment funds remitted according to Section I.1, and (ii) indicate in the records of CFD No. 22 -1 that there has been a partial prepayment of the Special Tax and that a portion of the Speci al Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the remaining
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Maximum Special Tax, shall continue to be levied on such Assessor’s Parcel pursuant to Section D.
J. TERM
The Special Tax shall be levied and collected as needed to fund the Special Tax Requirement for up to 40 years from the initial levy of the Special Tax. In any event no Special Tax shall be levied for CFD. No. 22 -1 after the 2061/62 Fiscal Year.
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EXHIBIT C
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-1
(ALAMEDA MARINA)
NOTICE OF PUBLIC HEARING
Notice is hereby given that during the Alameda City Council meeting on Tuesday, April 19, 2022, commencing at 7:00 p.m. the City Council will hold a public hearing to consider the following:
INTENT TO FORM
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO 22-1
(ALAMEDA MARINA)
On March 15, 2022, the City Council of the City of Alameda adopted a Resolution entitled “Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein – Alameda Marina” (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 th e City of Alameda (City) Community Facilities District No. 22-1 (Alameda Marina) to fund costs of certain improvements identified in an exhibit to the Resolution of Intention. The proposed boundaries of the community facilities district were identified, a nd the Resolution of Intention identified a proposed special tax to be levied on real property to be included in the community facilities district to fund costs of the public improvements and/or to pay debt service on bonds to be issued, in a principal amo unt not to exceed $37,000,000, for the community facilities district to finance costs of the public improvements.
In the Resolution of Intention, the City Council provided that the levy of the special tax will be subject to a mailed ballot election by the landowner in the community facilities district. The City Council ordered the Director of Public Works of the City to prepare a report on the community facilities district, and called for a public hearing on the community facilities district.
At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the community facilities district, the extent of the community facilities district or the furnishing of specified types of public improvements and municipal services will be heard. Any person interested may file a protest in writing with the City Clerk of the City. 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 community facilities district, or the owners of one -half or more of the area of land in the territory proposed to be
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included in the community facilities district and not exempt from the special tax file written protests against the establishment of the community facilities 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 community facilities district or authorize the special taxes for a period of six months 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 public improvements within the community facilities district, or against levying a specified special tax, those types of public improvements, or the specified special tax, will be eliminated from the proceedings to form the community facilities district.
In the Resolution of Intention, the City Council also determined that certain territory identified on the boundary map for the proposed community facilities district as a future Annexation Area may be annexed in whole or in part from time to time to the community facilities district in the future, with the unanimous approval of the owner or owners of all or any portion of the property in the future Annexation Area to be annexed. The public hearing required by the City’s Municipal Code relative to the future Annexation Area will be combined with the public hearing described above. At the public hearing, the testimony of all interested persons for or against the future annexation of territory to the community facilities district or the levying of special taxes within the territory proposed to be annexed in the future will be heard.
Any person interested in these matters is invited to participate at the public hearing and provide 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 of the City at or prior to the public hearing.
Councilmembers can attend the Council meeting via teleconference. The City allows public participation via Zoom.
For information to assist with Zoom participation, please click:
https://www.alamedaca.gov/zoom. For Zoom Regular meeting registration, please click:
https://alamedaca-gov.zoom.us/webinar/register/WN_CJ5hZOLIRmiKn53vKmD4jw.
For Telephone Participants: Zoom Phone Number: 669 -900-9128 Zoom Meeting ID: 818 8223 5431.
Any requests for reasonable accommodations should be made by contacting the City Clerk’s office: [email protected] or 510-747-4800.
City Hall will NOT be open to the public during the Council meeting.
/s/ Lara Weisiger
City Clerk, City of Alameda
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* * * * *
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 March 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 16th day of March 2022.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Yibin Shen, City Attorney
City of Alameda