1 CITY OF ALAMEDA RESOLUTION NO. _______
CALLING SPECIAL ELECTION WITHIN THE CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-2 (ALAMEDA MARINA –
SHORELINE IMPROVEMENTS MAINTENANCE AND ADAPTIVE
MEASURES)
WHEREAS, on this date, this City Council of the City of Alameda (the “City”) adopted a resolution “Of Formation of the City of Alameda Community Facilities District No. 22-2 (Alameda Marina – Shoreline Improvements Maintenance and Adaptive Measures), Authorizing the Levy of a Sp ecial Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District” (the “Resolution of Form ation”), ordering the formation of the City of Alameda Community Facilities District No. 22-2 (Alameda Marina – Shoreline Improvements Maintenance and Adaptive Measures) (the “District”), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District; and
WHEREAS, on this date, this City Council also adopted a resolution “Determining the Necessity to Allow for the Incurrence of Bonded Indebtedness within the City of Alameda Comm unity Facilities District No. 22-2 (Alameda Marina – Shoreline Improvements Maintenance and Adaptive Measures) and Submitting Proposition to the Qualified Electors of the District” (the “Resolution to Incur Indebtedness”), determining the necessity to allow for the incurrence of bonded indebtedness in the maximum aggregate principal amount of $100,000,000 for the District upon the security of the special tax to be levied within the District; and
WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness for the District are to be submitted to the qualified electors of the District as required by the City of Alameda Special Tax Financing Improvement Code, constituting Alameda Municipal Code Section 3-70.1 et seq. (the “Law”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that:
1. Pursuant to Sections 3 -70.36, 3-70.37, 3-70.86 and 3 -70.88 of t he Law, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of an appropriations limit for the District shall be submitted to the qualified electors of the District at an election called therefor as provided below.
2. As authorized by Section 3-70.88 of the Law, the three propositions described in Section 1 above shall be combined into a single ballot measure, the form of which measure is attached hereto as Exhibit A which Exhibit is, by this reference, i ncorporated herein. The form of ballot is hereby approved.
2 3. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 3 -70.37 b. of the Law, this City Council finds that for purposes of these proceedings the qualified electors for the District are owners of the land within the District and that the vote shall be by said landowners or their authorized representatives, having one vote for each acre or portion thereof each respective landowner owns in the District as of the close of the public hearings.
4. This City Council hereby calls a special election to consider the ballot measure described in Section 2 above, which election shall be held immediately following adoption of this Resolution in the regular meeting place of this City C ouncil. The City Clerk is hereby designated as the official to conduct the election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District.
The voted ballot s shall be returned to the City Clerk no later than immediately following the adoption by the City Council of this Resolution.
5. Pursuant to Section 3 -70.37 d. of the Law, the election shall be conducted by mail or hand delivered ballots.
6. This City Council acknowledges that the City Clerk has caused to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit A hereto. The ballot indicated the number of votes to be voted by the respective landowner.
Each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return each ballot was enclosed with the respective ballot, had the return postage prepaid, and contained the following: (a) the name and address of the applicable landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the applicable landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
Analysis and arguments with respect to the ballot measure were waived by each landowner in its respective Petition (Includin g Waivers) to form the District previously submitted to the City Council (collectively, the “Petitions”) , as permitted by Section 3. -
70.38 b. of the Law.
3 7. The City Clerk shall accept the ballot s of the qualified elector s submitted immediately following or prior to the adoption of this Resolution, whether any such ballot be personally delivered or received by mail. The City Clerk shall have available ballot s which may be marked in the City Council meeting room on the election day by the qualified electors.
8. This City Council hereby further finds that the provision of the Law requiring a minimum of 5 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified elector s of the District. The Petitions of the landowners contained a waiver of any time limit pertaining to the conduct of the election and of a waiver of any requirement for analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election.
9. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections 50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a) the ballot measure referred to in Sections 2 and 4 above contains a statement indicating the specific purposes of the special tax, the proceeds of the special tax will be applied only to the purposes specified in the ballot measure, there shall be created by the City Finance Director an account into which proceeds of the special tax levies for the District will be deposited (which need not be a separate bank account, but which may be a general ledger account so long as such proceeds can be separately accounte d for, or may be an account held by a fiscal agent on behalf of the City), and the City Finance Director is hereby directed to provide an annual report to this City Council as required by Section 50075.3 of the California Government Code; and (b) the ballot measure contains a statement indicating the specific purposes of the bonds referenced in the ballot measure, the proceeds of the bonds will be applied only to the purposes specified in the ballot measure, there shall be created by the City Finance Director an account into which the proceeds of the bonds will be deposited (which need not be a separate bank account, but which may be a general ledger account so long as such proceeds can be separately accounted for, or may be an account held by a fiscal agent on behalf of the City), and the City Finance Director is hereby directed to provide an annual report to this City Council as required by Section 53411 of the California Government Code.
10. The City Clerk is hereby directed to cause to be published in a newspaper of general circulation circulating within the District a copy of this Resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution.
11. This Resolution shall take effect upon its adoption.
A-1
EXHIBIT A
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-2
(ALAMEDA MARINA – SHORELINE IMPROVEMENTS MAINTENANCE AND
ADAPTIVE MEASURES)
OFFICIAL BALLOT
Special Tax and Bond Election
(April 19, 2022)
This ballot is for a special, landowner election. You must return this ballot in the accompanying postage paid envelope to the City Clerk of the City of Alameda no later than immediately after adoption of the resolution of the City Council calling said election, either by mail or in person.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All disti nguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Alameda and obtain another.
BALLOT MEASURE: Shall the City of Alameda (the “City”) be authorized to incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $100,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the City of Alameda Community Facilities District No. 22-2 (Alameda Marina – Shoreline Improvements Maintenance and Adaptive Measures) (the “District”), the proceeds of which will be used only to finance the costs of certain adaptive measures (the “Adaptive Measures”), as specified in the Resolution of Formation of the District, and the costs of issuing the bonds, and the establishment of appropriate bond reserves; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to be applied to pay the costs of the maintenance of shoreline improvements, the costs of Adaptive Measures directly, to pay the principal and interest on any bonds issued for the District, to replenish the reserves for the bonds, and to pay the costs of the City in administering the District; and shall the initial annual appropriations limit of the District be established in the amount of $10,000,000?
Yes:
No:
A-2
By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measures, as such waivers are described and permitted by Section 3-70.37 a. and 3-70.38 b. of the Alameda Municipal Code.
Number of Votes:
Property Owner:
4 *******
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 19th day of April 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 20th day of April 2022.
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
_____________________________
Yibin Shen, City Attorney
City of Alameda