CITY OF ALAMEDA RESOLUTION NO. __________
RESOLUTION OF FORMATION OF THE CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-1 (ALAMEDA MARINA),
AUTHORIZING THE LEVY OF A SPECIAL 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
WHEREAS, on March 15, 2022, this City Council of the City of Alameda (the “City”) adopted a resolution “Declaring Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein – Alameda Marina” (the “Resolution of Intention”) stating its intentio n to form the City of Alameda Community Facilities District No. 22-1 (Alameda Marina) (the “District”) pursuant to the City of Alameda Special Tax Financing Improvement Code, Alameda Municipal Code 3-70.1 et seq. (the “Law”); and
WHEREAS, the Resolution o f Intention, incorporating by reference a map of the proposed boundaries of the District and describing the public improvements (the “Facilities”) eligible to be financed by the District, the cost of financing the Facilities and the rate and method of apportionment of the special tax to be levied within the District to pay costs of the Facilities and the principal and interest on bonds proposed to be issued for the District to finance costs of the Facilities, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the Resolution of Intention called for a public hearing on the District to be held on April 19, 2022, and notice of the public hearing was published as required by the Law; and
WHEREAS, on this date this City Council held the public hearing as required by the Law and the Resolution of Intention relative to the proposed formation of the District; and
WHEREAS, at the hearing , all interested persons desiring to b e heard on all matters pertaining to the formation of the District, the Facilities eligible to be funded by the District and the levy of the special tax in the District were heard and a full and fair hearing was held; and
WHEREAS, at the hearing , evidence was presented to this City Council on the matters before it, including a report by the Director of Public Works (the “Report”) as to the Facilities eligible to be funded by the District and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of the hearing was fully advised regarding the District; and
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WHEREAS, written protests with respect to the formation of the District and/or the furnishing of specified types of Facilities by the District as descri bed in the Report have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one -half (1/2) or more of the area of land within the District and not exempt from the special tax; and
WHEREAS, the special tax proposed to be levied in the District to pay for costs of the Facilities as set forth in Exhibit B to the Resolution of Intention has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one -half (1/2) or more of the area of land within the District and not exempt from the special tax.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that:
1. The foregoing recitals are true and correct.
2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 3-70.30 of the Law.
3. All prior proceedings taken by this City Cou ncil in connection with the establishment of the District and the levy of the special tax in the District have been duly considered and are hereby found and determined to be valid and in substantial conformity with the Law.
4. The community facilities di strict designated “City of Alameda Community Facilities District No. 22-1 (Alameda Marina)” is hereby established pursuant to the Law.
5. The boundaries of the District, as described in the Resolution of Intention and set forth in the boundary map of the District recorded on March 18, 2022 in the Alameda County Recorder’s Office in Book 19 of Maps of Assessment and Community Facilities Districts at Page 33 (instrument no. 2022057086), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the District.
6. The types of facilities eligible to be funded by the District pursuant to the Law are as described in Exhibit A to the Resolution of Intention which Exhibit is by this reference incorporated herein.
7. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or to pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs there of, secured by recordation of a continuing lien against all non -exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this City Council sha ll 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 District, in -3-
sufficient detail to allow each landowner within the Distri ct to estimate the maximum amount such owner will have to pay, are described in Exhibit B to the Resolution of Intention, which Exhibit is by this reference incorporated herein, and shall be the rate and method of apportionment of special taxes for the Dis trict. This City Council hereby finds that the basis for the levy and apportionment of the special tax, as set forth in said rate and method of apportionment of special taxes, is reasonable.
8. The office of the Finance Director of the City of Alameda, 2 263 Santa Clara Avenue, Alameda, California 94501, telephone number (510) 747 -4888, is the office of the City that will be responsible for preparing annually and whenever otherwise necessary a current roll of special tax levy obligations by assessor’s parc el number and that will be responsible for estimating future special tax levies for the District pursuant to Sections 3-
70.32 and 3-70.71 of the Law.
9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code for the District, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of the tax by the City Council ceases.
10. In accordance with Section 3 -70.36 of the Alameda Municipal Code, the appropriations limit, as defined by subdivision (h) of Sec tion 8 of Article XIIIB of the California Constitution, of the District is hereby preliminarily established at $3,700,000 and said appropriations limit shall be submitted to the qualified electors of the District as provided below. The proposition establishing the appropriations limit for the District shall become effective if approved by the qualified electors of the District voting thereon and shall be adjusted in accordance with the applicable provisions of Section 3 -70.36 of the Law.
11. Pursuant to the provisions of Section 3 -70.37 of the Law, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election th e time, place and conditions of which election shall be as specified by a separate resolution of this City Council.
12. All or any portion of the territory proposed for annexation to the District, as described in Section 13 of the Resolution of Intention and on the map of the District described in Section 5 above, may be annexed to the District from time to time upon the unanimous approval of the owner or owners of each parcel or parcels in the annexation area then to be annexed, without additional hearin gs, as permitted by Section 3-70.66 f. of the Law.
13. This Resolution shall take effect upon its adoption.
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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 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:
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Yibin Shen, City Attorney
City of Alameda