CITY OF ALAMEDA RESOLUTION NO. _______
DECLARING INTENTION TO ESTABLISH THE CITY OF ALAMEDA
COMMUNITIES FACILITIES DISTRICT NO. 22 -2 (ALAMEDA MARINA -
SHORELINE IMPROVEMENTS MAINTENANCE AND ADAPTIVE
MEASURES), 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 (the “Agree ment”) 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, it is now desired that the City form a community facilities district to finance costs of certain seawall and roadway improvements (referred to herein as “CFD 22-1”), as well as to form a separate community facilities district to pay costs of possible future maintenance of, and adaptive measures in respect of, shoreline improvements and future potential sea level rise in the area of the proposed community facilities district; and
WHEREAS, under the Law, this City Council is the legislative body for the proposed community facilities district s and is empowered with the authority to establish the community facilities district s and levy special taxes on property located within the community facilities districts; and
WHEREAS, this Resolution relates to the prospective community facilities district to be formed to finance possible future maintenance of shoreline improvements and adaptive measures as described in Exhibit A hereto; and
WHEREAS, each of the owners of the property to be included within the boundaries of the proposed community facilities district have submitted to the City a Petition (including Waivers) (collectively, the “Petitions”) requesting that the City Council form the 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 for maintenance of -2-
shoreline improvements and adaptive measures as contemplated by Section 6.2 of the Alameda Marina Master Plan approved by the City Council in July of 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that:
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 Petitions to form the District is hereby acknowledged.
2. The name proposed for the District is City of Alameda Community Facilities District No. 22-2 (Alameda Marina – Shoreline Improvements Maintenance and Adaptive Measures).
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 adaptive measures (the “Adaptive Measures”) and of maintenance services for shoreline improvements (the “Maintenance Services”) proposed to be eligible for funding by the District and pursuant to the Law shall consist of those improvements and services described in Exhibit A hereto under the headings “Adaptive Measures” and “Services”, respectively, which Exhibit is by this reference incorporated herein.
5. Except to the extent that funds are otherwise available to the City to pay costs of the Adaptive Measures and the Maintenance Services, 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 Adaptive Measures , a special 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 property 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 ref erence incorporated herein.
6. It is the intention of this City Council, acting as the legislative body for the District, to authorize bonds of the City to be issued for the District pursuant to the Law to finance costs of the Adaptive Measures. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $100,000,000, 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 by applicable law at the time -3-
of sale of such bonds, and shall mature not to exceed 50 years from the date of the issuance thereof.
7. The levy of the proposed special tax in the District 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 of the owners of the land proposed to be included in the District, with each 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 enti ty, 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 Adaptive Measures and the Maintenance Services, the issuance and payment 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 Adaptive Measures and Maintenance Services 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 Adaptive Measures and the Maintenance Services by type proposed to be eligible to be financed by the District.
(b) An estimate of the cost of providing the Adaptive Measures and the Maintenance Services, including the costs of the possible 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 establishment 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.
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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.
13. The Amendment to Deposit/Reimbursement Agreement (the “Amendment”), amending the Agreement, is hereby approved. The City Manager is hereby authorized and directed to execute and deliver the Amendment, for and on behalf of the City, and the District and CFD 22-1.
14. The firm of Quint & Thimmig LLP is hereby designated as Formation Counsel to the City for the District. The City Manager is hereby authorized and directed to execute an agreement with said firm for its services in connection with the District, in the form filed with the City Manager’s office. In any event, the fees and expenses of Quint & Thimmig LLP shall be payable from Deposits (as defined in the Agreement) and /or the proceeds of the Bonds when and if they are issued by the City for CFD 22-1.
15. The firm of NBS is hereby designated as Special Tax Consultant to the City in connection with the formation of the District. The City Manager is hereby authorized and directed to execute an agreement with said firm for its services in connection with the District, or an amendment to the agreement between the City and NBS for its services related to CFD 22-1, in a form acceptable to the City Manager and the City Attorney. The compensation to NBS for its services related to the District is to be paid from Deposits or the proceeds of the Bonds when and if they are issued by the City for CFD 22-1.
16. The firm of Urban Futures, Inc. is hereby designated as Municipal Advisor to the City in connection with the formation of the District. The City Manager is hereby authorized to enter into a contract with Urban Futures, Inc. for its services in connection with the District, or an amendment to any agreement between the City and Urban Futures, Inc. to include such services, in a form acceptable to the City Manager and the City Attorney. The compensation to Urban Futures, Inc. for it services related t o the District is to be paid from the Deposits or the proceeds of the Bonds when and if they are issued by the City for CFD 22-1.
17. This Resolution shall take effect upon its adoption.
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EXHIBIT A
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-2
(ALAMEDA MARINA – SHORELINE IMPROVEMENTS MAINTENANCE AND
ADAPTIVE MEASURES)
DESCRIPTION OF ADAPTIVE MEASURES AND MAINTENANCE SERVICES
ELIGIBLE TO BE FUNDED BY THE DISTRICT
ADAPTIVE MEASURES
The District shall be eligible to finance all or a portion of the costs of capital improvements determined by the City to be implemented to provide protection to the property in the District from flooding due to sea level rise, including inland public access and recreation areas from the periodic inundation that m ay occur in extreme tide events as the sea levels rise beyond elevation 13.5 (NAVD 88). The adaptive measure improvements are to also provide protection for the interior areas of the site, including buildings and streets.
• The improvements may include i mplementation of floodwalls, earth berms, elevated and/or replaced Bay Trail, elevated wharf, elevated footbridge and other storm drain system enhancements and that are deemed necessary by the City to manage elevated groundwater.
• The District may also f und costs of commissioning periodic condition assessments of the shoreline adjacent to the District by a licensed engineer to document the physical effects of sea level rise and life expectancy of the shoreline protection measures funded by the City’s Community Facilities District No. 20-1 (Alameda Marina).
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, coordination and supervision, City staff and consultant costs, and any other costs or appurtenances related to any of the adaptive measures to be financed.
MAINTENANCE SERVICES
It is also expected that the District will be eligible to fund costs of any of the following maintenance services to the extent that the services are not otherwise being provided by or on behalf of one or more owners of property within, adjacent to or in the vicinity of the District:
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• The maintenance, repair and replacement of any of the improvements authorized to be funded by the City of Alameda Community Facilities District No. 22-1 (Alameda Marina) (“CFD 22-1”), other than Clement Avenue roadway improvements.
The District may fund any of the following related to the authorized services: (a) the repair, removal or replacement of all or part of any of the improvements, including but not limited to th e repair and replacement of timber decks, beams and piles, repairs of concrete spalding and repainting of steel members all related to the seawall authorized to be funded by CFD 22- 1; (b) obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained ; (c) obtaining supplies or appurtenant facilities necessary for such maintenance ; (d) paying the salaries and benefits of personnel necessary or convenient to provide the services ; (e) payment of insurance costs and other related expenses ; and (f) the payment of cost of and the provision of reserves for repairs and replacements, and provision for reserves for future costs of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof. The District may also provide for the reimbursement to the City to the extent that the City advances funds to pay for any of the foregoing services.
OTHER
The District may also finance any of the following:
• Bond related expenses, including 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 statement 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 advanced by the City, any landowner or developer of property in the District or any party related to any of the foregoing, for Adaptive Measures, Maintenance Services 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. 22-2
(ALAMEDA MARINA - SHORELINE IMPROVEMENTS MAINTENANCE AND
ADAPTIVE MEASURES)
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 -2 (Alameda Marina - Shoreline Improvements Maintenance and Adaptive Measures) (“CFD No. 22- 2”) and collected each Fiscal Year commencing in the Fiscal Year following the occurrence of the Trigger Event, as defined herein, 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- 2, 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 Assessor’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 Improvement Code, Section 3- 70.1 et seq. of the City’s Municipal Code, as in effect at the time of formation of CFD No. 22-2.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 22-2: the costs of any paying agents/fiscal agents/trustees related to CFD No. 22- 2 Bond payments (including the fees and expenses of related counsel); the costs of computing the Special Tax
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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 cost s 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- 2 or CFD No. 22 -2 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- 2 Bonds; and the c osts of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in CFD No. 22- 2. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 22-2 for any other administrative purposes of CFD No. 22-2.
“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 such 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 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.
“Authorized Facilities” means the adaptive measures authorized to be financed, in whole or in part, by CFD No. 22-2.
“Authorized Services” means the maintenance services authorized to be funded, in whole or in part, by CFD No. 22-2.
"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.
“Below Market Rate Units” or “BMR Units” means Dwelling Units located on one or more Assessor’s Parcels of Residential Property, Apartment Property that
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are subject to affordable housing restrictions pursuant to City Municipal Code Section 30-16. Units constructed within CFD No. 22-2 shall be designated as BMR Units by the 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- 2 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 -2" means City of Alameda Community Facilities District No. 22- 2 (Alameda Marina - Shoreline Improvements Maintenance and Adaptive Measures), established by the City Council pursuant to the Act. “CFD No. 22-2 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 -2 under the Act, and secured by pledge of the Special Taxes. In determining the amount of CFD No. 22- 2 Bonds to be issued for CFD No. 22 -2, the City Council shall take into account any amount that the City determines is available in the Capital Replacement Account (as such term is defined in the Tidelands Lease referred to in the definition “Trigger Event”). “City” means the City of Alameda, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 22-2.
"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. 22-2 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 1 st 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, condominium, or otherwise, but excluding units on Apartment Property. The number of Dwelling Units assigned to each Assessor’s P arcel may be determined by the CFD Administrator (i) referencing Assessor’s Data, (ii) site surveys and physical 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.
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“Exempt Property” means all property located within the boundaries of CFD No. 22-2 which is exempt from the Special Tax pursuant to Section E below. “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 the 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 geographic data. “Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which CFD No. 22 -2 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. "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 Developed Property, 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 equipme nt 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 -2 Bonds” means all CFD No. 22-2 Bonds which are outstanding under and in accordance with the provisions of the Indenture. "Phase” means an area, as shown on Exhibit 1 to this Rate and Method of Apportionment and as referenced in Table 1 and Table 2.
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"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 22-2 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 in each Phase, that the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal. For Final Map Property, or Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal.
"Public Property" means property within the boundaries of CFD No. 22-2 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 public 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 Apartment Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units.
"Special Tax(es)" means the spe cial tax or special taxes to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD No. 22- 2 to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 22 -2 to (1) pay Debt Service on all Outstanding CFD No. 22- 2 Bonds which is due in the Debt Year that commences in such Fiscal Year; (2) pay for Authorized Services; (3) pay directly for Authorized Facilities, (4) pay Administrative Expenses; (5) provide any amount required to establish or replenish a reserve fund in connection with any CFD No. 22-2 Bonds; (6) provide any amount required to establish or replenish any operating reserve held by the City for Administrative Expenses; (7) provide an amount equal to reason ably 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 (5) or (6) . The amounts referred to in clauses (1) through (6) 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- 2 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 Outst anding CFD No. 22- 2 Bonds or other indebtedness as determined by the CFD Administrator. The amount referred to in clause (2) and (3) shall be reduced in any Fiscal Year by any amount that the City determines is available in the Capital Replacement Account (as such term is defined in the Tidelands Lease referred to in the definition “Trigger Event”).
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"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 22 -2 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 from the adjoining Dwelling Unit. “Trigger Event” means the first to occur of the following: (1) a Tenant Default under (as such capitalized term is defined in) the Tidelands and Marina Lease, dated as of May 16, 2012, and between, as of the date of formation of CFD No. 22-2, the City and Alameda Marina, LLC (as amended and in effect from time to time, the “Tidelands Lease”), to perform its obligations under Sections 10.1 or 11.4 of the Tidelands Lease; or (2) the approval of an adaptation plan by the San Francisco Bay Conservation and Development Commission (“SF BCDC”) as described in Special Condition II.B.13.c. of Permit No. 2018.003.00 issued on September 9, 2020 (“BCDC Permit”), that requires the provision of adaptive measures and/or repair services of the character that are included within the Authorized Facilities or the Authorized Services that may be funded by CFD No. 22-2, but excluding the approval of an adaptation plan which only requires the commissioning of a future periodic condition assessment of the shoreline adjacent to CFD No. 22 -2 by a licensed engineer to document the physical effects of sea level rise and life expectancy of the shoreline protection measures; or (3) upon the expiration of the Tidelands Lease, or of any subsequent lease of the Property (as defined in the Tidelands Lease), without the coterminous execution of a new lease for the Property pursuant to which the tenant thereunder is obligated to provide adaptive measures and maintenance and repair services substantially similar , in the judgment of the City’s Director of Public Works, to the Authorized Services and Authorized Facilities. Notwithstanding anything to the contrary contained herein, the Trigger Event shall not occur earlier than the date on which any debt obligations of the City of Alameda Community Facilities District No. 22 -1 (Alameda Marina) have been paid in full or otherwise have been fully discharged and the special tax lien with respect to the City of Alameda Community Facilities District No. 22- 1 (Alameda Marina) has terminated.
"Trustee" means the trustee or fiscal agent acting as such under the Indenture.
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“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. 22-2 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. “Work/Live Property” means studios with a primary commercial/industrial use in which the proprietor is allowed to reside as a secondary use.
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- 2. 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- 2 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 classifi ed as Developed Property, Final Map Property, Taxable Public Property, Taxable Welfare 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 Property, Taxable Public Property and Taxable Welfare Exempt Property shall further be classified as Residential Property, Townhome Property, Apartment Property, or Non- Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property and Final Map Property
The Maximum Special Tax 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.
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a. Assigned Special Tax
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
Phase
Land
Use
Class Description
Assigned
Special Tax Per
1 8 Apartment Property $1,200.00 Dwelling Unit
1 9 Live/Work Property 0.24 Square Foot of Non-Residential Floor Area
1 7 Non-Residential Property 0.24 Square Foot of Non-Residential Floor Area
2 8 Apartment Property 1,200.00 Dwelling Unit
2 9 Work/Live Property 0.24 Square Foot of Non-Residential Floor Area
3 1 Townhome Property – Greater
Than or Equal to 2,680 Sq Ft 3,307.45 Dwelling Unit
3 2 Townhome Property – 2,430 –
2,679 Sq Ft 3,230.34 Dwelling Unit
3 3 Townhome Property – 2,180 –
2,429 Sq Ft 2,921.89 Dwelling Unit
3 4 Townhome Property – 1,930 –
2,179 Sq Ft 2,911.60 Dwelling Unit
3 5 Townhome Property – 1,680 –
1,929 Sq Ft 2,536.32 Dwelling Unit
3 6 Townhome Property – Less
Than 1,680 Sq Ft 2,289.56 Dwelling Unit
3 7 Non-Residential Property 0.24 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.
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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 expected on Final Map Property
For each Land Use Class, by reference to Table 2, should the number of Dwelling Units or Non -Residential Floor Area be less than the Expected 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 Unit 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 Land Use Class within each Phase 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
Phase
Land Use
Class
Expected Dwelling Units/
Square Feet Expected Revenue
1 8 311 $373,200.00
1 9 10,077 2,418.48
1 7 52,550 12,612.00
2 8 188 225,600.00
2 9 6,000 1,440.00
3 1 13 42,996.82
3 2 13 41,994.36
3 3 21 61,359.59
3 4 58 168,873.02
3 5 14 35,508.53
3 6 38 87,003.41
3 7 3,000 720.00
Prior to a sale of CFD No. 22- 2 Bonds, if a Land Use Class change for an Assessor’s Parcel or Assessor’s Parcels is proposed or identified that will result in
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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 Dwelling Units and Expected Revenues if a Land Use Class change has been approved.
After a sale of CFD No. 22-2 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 in each respective Phase calculated based on the Land Use Class change is greater than the respective revenue reflected in Table 2 or less than the respective revenue calculated in Table 2, but the reduction in Expected Revenues does not reduce debt service coverage below any minimum debt service coverage assumed in connection with the sale of CFD No. 22- 2 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 in each respective Phase calculated based on the Land Use Class change is less than the respective 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. 22-2 Bonds, 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 coverage assumed in connection with the sale of CFD No. 22-2 Bonds.
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 shall be incr eased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.
c. Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one 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.
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2. Undeveloped Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property shall be $78,931 per Acre in Fiscal Year 2022/23. b. Increase in the Maximum Special Tax
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 the Fiscal Year following the Trigger Event 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 in Phase 1 and Phase 2 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 Developed Property and Taxable Welfare Exempt Property in Phase 3 at a rate up to 100% of the applicable Maximum Special Tax 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 Parcel of Final Map Property at a rate up to 100% of the Maximum Special Tax for Final Map Property to satisfy the Special Tax Requirement.
Fourth: If additional monies are needed to satisfy the Special T ax Requirement after the third step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at a rate up to 100% of the Maximum Special Tax for Undeveloped Property to satisfy the Special Tax Requirement.
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the fourth step has been completed, the Special Tax shall be levied on each
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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.
Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the fifth step has 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 13.5 Acres of Property Owner Association Property. Tax -exempt status will be assigned by the CFD 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 49 BMR Units in P hase 1, 30 BMR Units in Phase 2 and 25 BMR Units in Phase 3. Tax -exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes BMR Units. Should such BMR Units no longer be classified as BMR Units, such Dwelling Units shall be subject to the levy of the Special Tax and shall be taxed Proportionately in accordance with Sections C and D above.
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- 2 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 t he Revenue and Taxation Code after the first series of CFD No. 22-2 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 Maximum 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.
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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 addi tion, 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 Admini strator shall review the appeal, meet with the 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 t hen 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 sufficient 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 o f Apportionment of Special Taxes to correct any inconsistency, vagueness, or ambiguity as 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. 22-2 Bonds have been issued such correction does not materially adversely affect the levy and collection of Special Taxes needed to repay the CFD No. 22 -2 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.
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22-2, 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. TERM
The Special Tax shall be levied and collected as needed to fund the Special Tax Requirement in perpetuity. The Special Tax may not be prepaid.
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EXHIBIT C
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-2
(ALAMEDA MARINA – SHORELINE IMPROVEMENTS
MAINTENANCE AND ADAPTIVE MEASURES)
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 22-2
(ALAMEDA MARINA – SHORELINE IMPROVEMENTS
MAINTENANCE AND ADAPTIVE MEASURES)
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 – Shoreline Improvements Maintenance and Adaptive Measures ” (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 Community Facilities District No. 22-2 (Alameda Marina – Shoreline Improvements Maintenance and Adaptive Measures) to fund costs of certain adaptive measures and maintenance services identified in an exhibit to the Resolution of Intention.
The proposed boundaries of the community facilities district were identified, and 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 adaptive measures and the maintenance services, and/or to pay debt service on bonds to be issued, in a principal amount not to exceed $100,000,000, for the community facilities district to finance costs of the adaptive measures.
In the Resolution of Intention, the City Council approved an amendment to an agreement with Alameda Marina, LLC whereby Alameda Marina, LLC has agreed to pay costs of the City to form the community facilities district, subject to reimbursement from the proceeds of bonds when and if issued by the City for a related community facilities district. The City Council a lso designated a formation counsel, a special tax consultant and a municipal advisor to assist the City in connection with the formation of the community facilities district, with the fees of said firms to be paid from advances by Alameda Marina, LLC under the agreement amended as described above or from the
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proceeds of bonds when and if issued by the City for the related community facilities district.
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 owners of land 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 adaptive measures and maintenance 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 included in the com munity 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 adaptive measures or maintenance services within the community facilities district, or against levying a specified special tax, those types of adaptive measures or maintenance services, or the specified special tax, will be eliminated from the proceedings to form the community facilities district.
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.
Currently, 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.
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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