RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY,
CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY
(TURK ISLAND) TO COMMUNITY FACILITIES DISTRICT NO. 2006-1
AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING
THE LEVY OF TAX TO THE QUALIFIED ELECTORS
WHEREAS, this Council, on October 8, 2024, adopted Resolution No. 6371-24 (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Union City Community Facilities District No. 2006-1 (Public Services) (“CFD No. 2006-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”);
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2006-1, and a description and map of the proposed boundaries of the territory to be annexed (Turk Island) to CFD No. 2006-1 (“Annexation No. 8”), is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; WHEREAS, on November 19, 2024 this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2006-1;
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2006-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held;
WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2006-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2006-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2006-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2006-1; and
WHEREAS, a boundary map for Annexation No. 8 to CFD No. 2006-1 has been filed with the County Recorder of the County of Alameda, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 8 as follows:
SECTION 1 Recitals. The above recitals are all true and correct.
City Council/RSA Agenda 1294 Tuesday, November 19, 2024 Resolution No. XXXX-24
Authorizing Annexation of Turk Island and Authorizing Levy of Special Tax
SECTION 2 Authorization. All prior proceedings taken by this Council with respect to CFD No. 2006-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act.
SECTION 3 Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 2006-1, on file with the City Clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2006-1, and said territory is hereby annexed to CFD No. 2006-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
SECTION 4 Services. The services which CFD No. 2006-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2006-1 and the territory to be annexed to CFD No. 2006-1 and will not be replacing services already available. A general description of the services to be financed is as follows:
PUBLIC SERVICES
New police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2006-
1. The Special Tax provides only partial funding for Public Services.
SECTION 5 Special Taxes. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2006-1 and the territory proposed to be annexed as part of Annexation No. 8, secured by recordation of a continuing lien against all nonexempt real property in Annexation No. 8, will be levied annually within the boundaries of Annexation No. 8 from and after the annexation of such property to CFD No. 2006-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2006-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2006-1.
For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within Annexation No. 8 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.
City Council/RSA Agenda 1295 Tuesday, November 19, 2024 Resolution No. XXXX-24
Authorizing Annexation of Turk Island and Authorizing Levy of Special Tax
SECTION 6 Election. The provisions of the Resolution of Intention of the City, each as heretofore adopted by this Council, are by this reference incorporated herein as if fully set forth herein.
(a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 8 shall be submitted to the voters within Annexation No. 8 at an election called therefore as hereinafter provided. This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 8 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 8 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 8.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under applicable sections of the California Elections Code, commencing with Section 4000 of said code with respect to elections conducted by mail. The Council called a special election to consider the measures described and incorporated as Exhibit “B,” which election was held on November 19, 2024 (hereafter referred to as “Election Day”). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 2006-1, a ballot in the form of Exhibit “B”, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 7:00 o’clock p.m. on Election Day, whether received by mail or by personal delivery.
(c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement, and the date for the election hereinabove specified is established accordingly.
City Council/RSA Agenda 1296 Tuesday, November 19, 2024 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 19th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A- Rate and Method of Apportionment
2. Exhibit B- Sample Ballot
City Council/RSA Agenda 1297 Tuesday, November 19, 2024 1 City of Union City
Community Facilities District No. 2006-1
(Public Services)
RATE AND METHOD OF APPORTIONMENT
CITY OF UNION CITY
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(PUBLIC SERVICES)
A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2006-1 (Public Services) of the City of Union City (“CFD No. 2006-1”) each Fiscal Year, commencing in Fiscal Year 2009-2010, in an amount determined by the City Council of the City of Union City through the application of the appropriate Special Tax for “Developed Residential Property” as described below. All of the real property in CFD No. 2006-1, 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:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Union City, or designee thereof or both, to carry out the administration of CFD No. 2006-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2006-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2006-1, costs associated with responding to public inquiries regarding CFD No. 2006-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2006-1. “Annual Escalation Factor” means the Maximum Special Tax shall be increased by two percent (2%) each subsequent year following the Base Year. “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 Assessor of the County designating parcels by assessor's parcel number.
“Base Year” means Fiscal Year ending June 30, 2010.
“Building Permit” means a permit for new construction for a residential dwelling or nonresidential structure. For purposes of this definition, “Building Permit” shall not include Exhibit A
City Council/RSA Agenda 1298 Tuesday, November 19, 2024 2 City of Union City
Community Facilities District No. 2006-1
(Public Services)
permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“CFD Administrator” means an official of the City, or designee thereof, responsible for the levy and collection of the Special Taxes.
“CFD No. 2006-1” means Community Facilities District No. 2006-1 (Public Services) established by the City under the Act.
“City” means the City of Union City.
“Council” means the City Council of the City, acting as the legislative body of CFD No. 2006-1.
“County” means the County of Alameda, California.
“Developed Residential Property” means an Assessor’s Parcel within CFD No. 2006-1 for which a Building Permit was issued for purposes of constructing Single-Family Residential, Duplex, Low Density Multi-Family Residential, or High Density Multi-Family Residential dwelling Units prior to May 1 preceding the Fiscal Year for which the Special Tax is being levied.
“Duplex” means all Assessor’s Parcels of Developed Residential Property for which a Building Permit has been issued for purposes of constructing a residential structure or structures consisting of two Residential Units.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “High Density Multi-Family Residential” means all Assessor’s Parcels of Developed Residential Property for which a Building Permit has been issued for purposes of constructing a Multi-Family Residential Unit within a structure consisting of four or more stories of livable units. For purposes of this definition, non-livable areas such as parking garages and common areas are not considered to be livable units.
“Homeowner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. “Land Use Class” means any of the classes listed in Table 1 of Section C. “Low Density Multi-Family Residential” means all Assessor’s Parcels of Developed Residential Property for which a Building Permit has been issued for purposes of constructing a Multi-Family Residential Unit within a structure consisting of less than four stories of livable units. For purposes of this definition, non-livable areas such as parking garages and common areas are not considered to be livable units.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied by CFD No. 2006-1 in any Fiscal Year on Developed Residential Property within CFD No. 2006-1.
“Mixed-Use Property” means an Assessor’s Parcel within CFD No. 2006-1 for which a Building Permit has been issued for purposes of constructing a structure or structures that consists of one or more Residential Units, but also has dedicated space for non-residential use.
Residential Units on Mixed-Use Property shall be classified as Low Density Multi-Family Residential.
City Council/RSA Agenda 1299 Tuesday, November 19, 2024 3 City of Union City
Community Facilities District No. 2006-1
(Public Services)
“Multi-Family Residential” means all Assessor’s Parcels of Developed Residential Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of more than two Residential Units, including, but not limited to, triplexes, condominiums, and apartment Units.
“Non-Residential Property” means all Assessors’ Parcels for which a Building Permit(s) has been issued for non-residential use and does not contain any Residential Units. “Public Property” means any property within the boundaries of CFD No. 2006-1 that is owned by or irrevocably dedicated to the City, the federal government, the State of California, the County, or other public agency or is used for public purposes. For purposes of this definition, property owned by the Redevelopment Agency of the City of Union City is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Section C and D herein. “Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2006-1.
The Special Tax provides only partial funding for Public Services. “Residential Unit” or “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.
“Single-Family Residential” means all Assessors’ Parcels of Developed Residential Property for which a Building Permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Residential Property, and shall include special taxes levied or to be levied under Sections C and D.
“State” means the State of California.
“Tax-Exempt Property” means an Assessor's Parcel not subject to the Special Tax as defined under Section E.
“Undeveloped Property” means an Assessor’s Parcel within CFD No. 2006-1 for which a Building Permit has not been issued and is not classified as Public Property or Homeowner Association Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, commencing with Fiscal Year 2009-2010, all Assessor’s Parcels within CFD No. 2006-1 shall be classified as either Developed Residential Property or Tax-Exempt Property, using the definitions in Section A. In addition, Developed Residential Property shall be further classified as Single-Family Residential, Duplex, Low Density Multi-Family City Council/RSA Agenda 1300 Tuesday, November 19, 2024 4 City of Union City
Community Facilities District No. 2006-1
(Public Services)
Residential or High Density Multi-Family Residential. All Developed Residential Property shall be subject to Special Taxes pursuant to Sections C and D.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Residential Property
TABLE 1
Maximum Special Tax for Developed Residential Property
Community Facilities District No. 2006-1
(Public Services)
Land Use
Class
Description Maximum Special Tax
Per Unit 1
1 Single-Family Residential $523 per Unit
2 Duplex $367 per Unit
3 Low Density Multi-Family Residential $262 per Unit
4 High Density Multi-Family Residential $200 per Unit
1 Maximum Special Tax includes the costs for Administrative Expenses On each July 1 following the Base Year, the Maximum Special Tax in Table 1 shall be increased in accordance with the Annual Escalation Factor.
2. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Property.
3. Multiple Land Use Classes
In some instances an Assessor’s Parcel may contain more than one Land Use Class.
The Maximum Special Tax levied on such an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2009-2010, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Residential Property at the applicable Maximum Special Tax as set forth in Section C.
City Council/RSA Agenda 1301 Tuesday, November 19, 2024 5 City of Union City
Community Facilities District No. 2006-1
(Public Services)
E. EXEMPTIONS
No Special Tax shall be levied on Undeveloped Property, Homeowner Association Property, Non-Residential Property or Public Property.
F. APPEALS
Any taxpayer who believes that the amount of the Special Tax assigned to a parcel is in error may file a written notice with the CFD Administrator appealing the levy of the Special Tax.
This notice is required to be filed with the CFD Administrator during the Fiscal Year in which the error is believed to have occurred. The City and/or CFD Administrator will then promptly review the appeal and, if necessary, meet with the taxpayer. If the City and/or CFD Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
G. MANNER OF COLLECTION
The Special Tax, as levied pursuant to Section D above, shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 may direct bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary, to meet the financial obligations of CFD No. 2006-1, or as otherwise determined appropriate by the City.
H. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2006-1.
City Council/RSA Agenda 1302 Tuesday, November 19, 2024
EXHIBIT B
CITY OF UNION CITY
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(PUBLIC SERVICES),
ANNEXATION NO. 8 (TURK ISLAND)
OFFICIAL BALLOT
ANNEXATION ELECTION
(NOVEMBER 19, 2024)
This ballot is for the special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Union City no later than immediately after adoption of the resolution of the City Council of the City calling said election, either by mail or in person. The City Clerk’s office is located at 34009 Alvarado-Niles Road, Union City, CA 94587.
To vote, mark a cross (X) in the voting line after the word “YES” or after the word “NO.” All marks otherwise made are forbidden. All distinguishing 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 Union City and obtain another.
PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 8 (Turk Island) of the City of Union City Community Facilities District 2006-1 (Public Services) pursuant to the method of apportioning the special taxes as set forth in the Resolution of Intention adopted by the City Council of the City of Union City on October 8, 2024, and subject to the accountability measures set forth in such resolution?
YES:
NO:
PROPOSITION B: Shall Annexation No. 8 (Turk Island) to City of Union City Community Facilities District No. 2006-1 (Public Services) establish an Article XIIIB appropriations limit equal to $2,000,000.00? YES: ______
NO: _______
By execution in the space provided below, you also confirm your waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Lastly, you confirm your waiver of any time limit pertaining to the notice of public hearing, as describe by Section 53322 and 53322.4 of the California Government Code and acknowledge that as soon as practicable following receipt of this instrument by the City Clerk of the City of Union City, the City will record an Annexation Boundary Map and Notice of Amended Special Tax Lien and will levy a special tax on taxable property beginning July 1, 2025.
Number of Votes: X
Property Owners:
By:
____________________________________________________
OWNER
Property Owned by Property Owner:
APN
City Council/RSA Agenda 1303 Tuesday, November 19, 2024 ATTACHMENT 2
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 8 (TURK ISLAND) OF CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC
SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF
SPECIAL TAXES WITHIN ANNEXATION NO. 8 (TURK ISLAND) TO
FINANCE PUBLIC SERVICES, AND THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT
WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (hereafter referred to as the “City Council”) of the City of Union City (the “City”) has adopted the resolution authorizing the annexation of territory to City of Union City Community Facilities District No. 2006-1 (Public Services), County of Alameda, State of California (“CFD No. 2006-1”); and
WHEREAS, by that resolution, the City Council called a special election on the propositions to be submitted to the voters of the territory proposed to be annexed (Turk Island) to CFD No. 2006-1 (“Annexation No. 8”) with respect to the levy of special taxes therein for the financing of public services within CFD No. 2006-1; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 8 the annual levy of special taxes on taxable property within Annexation No. 8; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of said Code, the City Council may also submit to the voters of Annexation No. 8 a proposition for the establishment of an appropriations limit for Annexation No. 8; and
WHEREAS, the City Clerk of the City of Union City (the “City Clerk”) has advised the City Council that the Registrar of Voters of the County of Alameda has confirmed that there are less than 12 persons registered to vote within Annexation No. 8.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 8 as follows:
SECTION 1 Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2006-1 for each of the 90 days preceding the close of the public hearing on November 19, 2024; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2006-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 8 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of City Council/RSA Agenda 1304 Tuesday, November 19, 2024 Resolution No. XXXX-24
Calling a Special Election – Annexation of Turk Island
the land in Annexation No. 8 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on November 19, 2024, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code, (f) waived the notice of public hearing pursuant to Section 53322 and 53322.4 of the California Government Code; and (g) the City Clerk (hereafter referred to as the “City Clerk”) has consented to the holding of the election on November 19, 2024.
SECTION 2 Call of Election. The City Council hereby calls and schedules an election for November 19, 2024, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 8 to CFD No. 2006-1 to finance public services within the CFD No. 2006-1, and on the proposition of the establishment of an appropriations limit for Annexation No. 8 to CFD No. 2006-1.
SECTION 3 Propositions. The propositions to be submitted to the voters of Annexation No. 8 at such special election shall be as follows:
Proposition A: Shall special taxes be levied annually on taxable property within Annexation No. 8 of the City of Union City Community Facilities District 2006-1 (Public Services) pursuant to the method of apportioning the special taxes as set forth in the Resolution of Intention adopted by the City Council of the City of Union City on October 8, 2024, and subject to the accountability measures set forth in such resolution?
Proposition B: Shall Annexation No. 8 to City of Union City Community Facilities District No. 2006-1 (Public Services) establish an Article XIIIB appropriations limit equal to $2,000,000.00? SECTION 4 Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated a special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
SECTION5 Election Procedures. The procedures to be followed in conducting the consolidated a special election on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 8 to CFD No. 2006-1 to pay for public services, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No. 8 to CFD No. 2006-1 in the amount of $2,000,000.00 shall be as follows:
City Council/RSA Agenda 1305 Tuesday, November 19, 2024 Resolution No. XXXX-24
Calling a Special Election – Annexation of Turk Island
(a) Pursuant to Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official, shall mail or deliver to each qualified elector an official ballot in the appropriate form, and shall also mail or deliver to all such qualified electors a ballot pamphlet, instructions to voter, and a return identification envelope addressed to the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landownervoter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landownervoter is other than a natural person, that he or she is an officer of, or other person affiliated with, the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within Annexation No. 8 to CFD No. 2006-1.
(d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The information to voter to be delivered by the City Clerk to the landowner-voter shall inform them that the official ballot shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:00 p.m. on November 19, 2024; provided that if all qualified electors have voted, the election shall be closed with the concurrence of the City Clerk.
City Council/RSA Agenda 1306 Tuesday, November 19, 2024 Resolution No. XXXX-24
Calling a Special Election – Annexation of Turk Island
(f) Upon receipt of the return identification envelope, which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 19th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 1307 Tuesday, November 19, 2024 ATTACHMENT 3
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), ANNEXATION NO. 8 (TURK ISLAND)
WHEREAS, the City Council of the City of Union City (the “City Council”), has previously formed a Community Facilities District pursuant to the provisions of the “MelloRoos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2006- 1 (Public Services) (hereafter referred to as CFD No. 2006-1); and WHEREAS, the City Council initiated proceedings to annex certain territory to Community Facilities District No. 2006-1 (Public Services), Annexation No. 8 (Turk Island) (hereafter referred to as “Annexation No. 8”); and
WHEREAS, at this time, the unanimous consent to the annexation of Annexation No. 8 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of the Annexed Area for each of the ninety (90) days preceding November 19, 2024, therefore, pursuant to the Act, the qualified electors of Annexation No. 8 shall be the “landowners” of Annexation No. 8 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 8; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 8 to the qualified electors of Annexation No. 8 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 8; and
WHEREAS, the City Clerk of the City of Union City has caused ballots to be distributed to the qualified electors of Annexation No. 8, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3rd’s vote of the qualified electors, and the City Council desires to declare the results of the election; and
City Council/RSA Agenda 1308 Tuesday, November 19, 2024 Resolution No. XXXX-24
Certifying the Results of Election – Turk Island
WHEREAS, a map showing the territory to be annexed and designated as Annexation Map No. 8 (Turk Island) (hereafter referred to as the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 8 as follows:
SECTION 1 Recitals. The above recitals are all true and correct.
SECTION 2 Findings. This City Council does hereby determine as follows:
(a) The unanimous consent to the annexation of Annexation No. 8 to CFD No. 2006-1 has been given by all of the owners within Annexation No. 8, and such consent shall be kept on file in the Office of the City Clerk. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No. 8 for each of the ninety (90) days preceding November 19, 2024, therefore, pursuant to the Act, the qualified electors of Annexation No. 8 shall be the “landowners” of such Annexation No. 8 as such term is defined in Government Code Section 53317(f). (c) The qualified electors of Annexation No. 8 have unanimously voted in favor of the levy of special taxes within Annexation No. 8 upon its annexation to CFD No. 2006-1.
SECTION 3 Annexed Area. The boundaries and parcels of territory within Annexation No. 8 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.
SECTION 4 Declaration of Annexation. The City Council does hereby determine and declare that Annexation No. 8 is now added to and becomes a part of CFD No. 2006-1. The City Council, acting as the legislative body of CFD No. 2006-1, is hereby empowered to levy the authorized special tax within Annexation No. 8.
SECTION 5 Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:
An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
City Council/RSA Agenda 1309 Tuesday, November 19, 2024 Resolution No. XXXX-24
Certifying the Results of Election – Turk Island
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 19th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
Exhibit A - Certificate of Election Official and Statement of Votes Cast Exhibit B - Annexation Map
Exhibit C - List of Properties to be Annexed
City Council/RSA Agenda 1310 Tuesday, November 19, 2024
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF ALAMEDA ) ss.
CITY OF UNION CITY )
The undersigned, ELECTION OFFICIAL OF THE CITY OF UNION CITY, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions commencing with Section 53326 of the Government Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF UNION CITY
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(PUBLIC SERVICES)
ANNEXATION NO. 8 (TURK ISLAND)
SPECIAL ELECTION
in the City, held on November 19, 2024.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 8 to Community Facilities District No. 2006- 1 (Public Services) of the City of Union City for or against the Measure are full, true and correct.
VOTES CAST ON PROPOSITION A: YES
NO
VOTES CAST ON PROPOSITION B: YES
NO
WITNESS my hand this 19th day of November 2024
_____________________________________
THAI NAM N. PHAM
City Clerk
City of Union City
City Council/RSA Agenda 1311 Tuesday, November 19, 2024
EXHIBIT B
City Council/RSA Agenda 1312 Tuesday, November 19, 2024
EXHIBIT C
LIST OF PROPERTIES TO BE ANNEXED
APN(s)
482 -0054-037-00
482 -0054-038-00
482 -0054-039-00
482 -0054-040-00
482 -0054-041-00
482 -0054-042-00
482 -0054-043-00
482 -0054-044-00
482 -0054-045-00
482 -0054-046-00
482 -0054-047-00
482 -0054-048-00
482 -0054-049-00
482 -0054-050-00
482 -0054-051-00
482 -0054-052-00
482 -0054-053-00
482 -0054-054-00
482 -0054-055-00
482 -0054-056-00
482 -0054-057-00
482 -0054-058-00
482 -0054-059-00
482 -0054-060-00
482 -0054-061-00
482 -0054-062-00
482 -0054-063-00
482 -0054-064-00
482 -0054-065-00
482 -0054-066-00
482 -0054-067-00
482 -0054-068-00
482 -0054-069-00
482 -0054-070-00 EXEMPT EASEMENT
482 -0054-071-00 EXEMPT EASEMENT
City Council/RSA Agenda 1313 Tuesday, November 19, 2024 ATTACHMENT 4
ORDINANCE XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY
LEVYING SPECIAL TAX WITHIN CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), INCLUDING
CERTAIN ANNEXATION TERRITORY (TURK ISLAND)
WHEREAS, the City of Union City (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of Union City Community Facilities District No. 2006-1 (Public Services)” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Rate and Method”) is set forth in Exhibit A to City Council Resolution 3323-07, which was adopted on February 27, 2007 (the “Resolution of Formation”); and WHEREAS, the City has conducted proceedings to annex territory into the CFD and, with respect to such proceedings, following an election of the qualified electors in the territory proposed for annexation (Turk Island) (the “Annexation Territory”), the City Council, on November 19, 2024, adopted its Resolution No. XXXX-24, entitled “A Resolution of the City Council of the City of Union City, California, Making Certain Findings, Certifying the Results of an Election and Adding Property to Community Facilities District No. 2006-1 (Public Services).”
NOW, THEREFORE, BE IT ORDAINED, determined and ordered by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 8 (Turk Island) as follows:
SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the City Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2009/10 pursuant to Ordinance No. 685-07, introduced by the City Council on February 27, 2007 and finally adopted by the City Council on March 13, 2007, and the Special Tax is hereby levied commencing in fiscal year 2025/26 in the territory annexed to the CFD, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.
The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2009/10 through 2025/26.
SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal City Council/RSA Agenda 1314 Tuesday, November 19, 2024 Ordinance No. XXX-24
Levying Special Tax Within CFD No. 2006-1 Turk Island
2 year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof and including the Annexation Territory, in the manner and as provided in the Rate and Method.
SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.
SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.
SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Alameda in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Alameda for fiscal year 2025/26 and for each fiscal year thereafter, as set forth in Section One above, until no longer required to pay for the Services or until otherwise terminated by the City.
SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, shall not be affected.
SECTION SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.
SECTION EIGHT: This Council affirms the provisions of Ordinance No. 685-07 except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.
City Council/RSA Agenda 1315 Tuesday, November 19, 2024 Ordinance No. XXX-24
Levying Special Tax Within CFD No. 2006-1 Turk Island
3 SECTION NINE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Union City, County of Alameda.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 1316 Tuesday, November 19, 2024 Item 4.2
CFD 2006-1
Annexation #8 - Turk Island
City Council/RSA Agenda 1317 Tuesday, November 19, 2024 2 CFD
2006-1
Historical Context
A Originally Formed in
2007
B Funding for Police, Fire & Park Maintenance
C
Levied upon new Residential Development
D Special Tax limited to 2% a year increase
City Council/RSA Agenda 1318 Tuesday, November 19, 2024 3 Turk Island Subdivision - Annexation #8
• 33-lot Subdivision,
Site Development Review, and Use Permit
• Remediation
completed and construction of homes underway
City Council/RSA Agenda 1319 Tuesday, November 19, 2024 4 City Council/RSA Agenda 1320 Tuesday, November 19, 2024 5 CFD Annexation Process
1 Council Meeting – October 8, 2024 CFD Resolution of Intention2 Mail Out of Ballots to Property Owners – November 4, 20243 Council Meeting – November 19, 2024 Public Hearing and CFD Election4 Council Meeting – November 26, 2024 Ordinance to Levy Special Taxes Adopted City Council/RSA Agenda 1321 Tuesday, November 19, 2024 6 Recommendation / Order of Proceedings
Staff recommends the City Council conduct the following proceedings:• Hold the Public Hearing• Staff recommends that City Council adopt the following resolutions:
• Resolution authorizing the annexation of territory to CFD 2006-1 and authorizing the levy of a special tax/submitting the levy of taxto the qualified electors; and • Resolution calling a special election and submitting to the voters of Annexation No. 8 (Turk Island) of CFD No. 2006-1 propositionsregarding the annual levy of special taxes within Annexation No. 8to finance public services, and the establishment of anappropriations limit City Council/RSA Agenda 1322 Tuesday, November 19, 2024 7 Recommendation / Order of Proceedings (Continued)
• After adoption of the resolutions, the Mayor will call for the City Clerk to announce the results of the property owner vote • The City Clerk will announce the results of the vote, and if the Clerk concludes a 2/3 majority in favor of the levy of the special taxes andthe establishment of the appropriations limit, staff recommends thatthe City Council:• Adopt a resolution making certain findings, certifying the results of an election and adding the Turk Island property to CFD No.2006-1 (Public Services); and • Introduce an Ordinance levying the special tax on the Turk Island Property
City Council/RSA Agenda 1323 Tuesday, November 19, 2024 Agenda Item
DATE: 11/19/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR THE ANNEXATION OF TERRITORY (“ANNEXATION NO. 9”) TO CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1: (1) AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2006-1 AND AUTHORIZING
THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS; (2) CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 9 (FLORENCE STREET) OF CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 9 (FLORENCE STREET) TO FINANCE PUBLIC SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT; (3) MAKING CERTAIN FINDINGS, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), ANNEXATION NO. 9 (FLORENCE STREET); AND (4) INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION
CITY LEVYING SPECIAL TAX WITHIN CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY (FLORENCE STREET). THE PROPERTY PROPOSED TO BE ANNEXED CONSISTS OF APNS 087-0034-004-00 THROUGH 08 -0034-009-00 THAT ARE PROPOSED TO BE DEVELOPED INTO 6 SINGLE-FAMILY UNITS BY INDIVIDUAL OWNERS Staff recommends that the City Council hold a public hearing to consider the adoption of three resolutions and an introduction of ordinance for annexation of Territory for the Florence Street Subdivision Project (Annexation No. 9):
(1) Authorizing the annexation of territory to Community Facilities District No. 2006-1 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors (Attachment 1); (2) Calling a special election and submitting to the voters of Annexation No. 9 (Florence Street) of City of Union City Community Facilities District No. 2006-1 (Public Services) propositions regarding the annual levy of special taxes within Annexation No. 9 (Florence Street) to finance public services, and the establishment of an appropriations limit (Attachment 2); (3) Making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2006-1 (Public Services), Annexation No. 9 (Florence Street) (Attachment 3); and (4) Introduce an ordinance levying special tax within City of Union City Community Facilities District No. 2006-1 (public services), including certain annexation City Council/RSA Agenda 1324 Tuesday, November 19, 2024 territory (Florence Street) (Attachment 4).
The property to be annexed is associated with the Florence Street Subdivision Project located at the end of Florence Street in the Seven Hills neighborhood. See Attachment 3, Resolution Certifying Election Results, Exhibit B, for the Boundary Map. Community Facilities District No. 2006-1 assessments are used for police services, fire protection and suppression services, paramedic services, and park maintenance.
STRATEGIC PLAN ALIGNMENT
Goal A. Financial Stability and Sustainability: Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost recovery.
BACKGROUND
On February 27, 2007, the City Council formed Community Facilities District No. 2006-1 (CFD No. 2006-1) to provide additional funding for certain increased public service costs resulting from new residential development. In CFD No. 2006-1, public services include police services, fire protection and suppression services, paramedic services, and park maintenance. Attachment 1 - Exhibit B includes the “Rate and Method of Apportionment” associated with the formation of CFD No. 2006-01. Since the formation of CFD No. 2006-01, there have been 7 annexations of property into the District. This process is referred to as "Annexation No. 9" as the Florence Street project site is the ninth property to be annexed into the District since its formation.
The Florence Street Subdivision project was approved in July 2021. Approvals included a Tentative Tract Map (TTM-19-001) to subdivide the lot into six (6) parcels, Site Development Review (SD-19-002), Use Permit (UP-19- 004), and a Development Agreement (DA-20-002). For more information, you can view the City Council staff report and attachments by clicking here. The City Council approved the Final Tract Map 8349 at its June 27, 2023 meeting.
City staff engaged the services of NBS Government Finance to assist in the annexation of the Turk Island Subdivision into CFD No. 2006-1.
DISCUSSION
On October 8, 2024 the City Council began the process to annex territory, Annexation No. 9 (Florence Street), into CFD No. 2006-1. For more information regarding that action, click here for a link to the City Council agenda item.
The property consists of 087-0034-004-00 through 087-0034-009-00 that are proposed to be developed into 6 single-family residential units by individual property owners. Annexation of the property into a CFD is a condition of approval for the development.
This staff report addresses, and introduces, the Public Hearing required as part of those proceedings. After hearing the testimony of any persons wishing to speak on this issue, the City Council may annex the territory, call for the special election, and (if the vote has been cast affirmatively) declare the results and levy the tax lien. Ballots were mailed out to the property owners of record at the beginning of November.
City Council/RSA Agenda 1325 Tuesday, November 19, 2024
FISCAL IMPACT
Upon successful annexation of the property into CFD 2006-01, beginning with fiscal year 2025/26, the proposed special tax will be levied for all residential units issued a building permit prior to May 1. In fiscal year 2025/26, the annual special tax for Single-Family Units will be $717 per unit, increasing 2% per year. The special tax shall be levied in perpetuity.
RECOMMENDATION
Staff recommends that the City Council hold a public hearing to adopt two resolutions to authorize the annexation of territory for the Florence Street Subdivision Project (Annexation No. 9) and call for a special election (Items 1 and 2 below):
(1) Resolution authorizing the annexation of territory to Community Facilities District No. 2006-1 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors (Attachment 1); and (2) Resolution calling a special election and submitting to the voters of Annexation No. 9 (Florence Street) of City of Union City Community Facilities District No. 2006-1 (Public Services) propositions regarding the annual levy of special taxes within Annexation No. 9 (Florence Street) to finance public services, and the establishment of an appropriations limit (Attachment 2).
Upon conclusion of the public hearing and the adoption of the resolutions to annex territory and call for a special election, the Mayor will call for the City Clerk to announce the results of the property owner vote.
The City Clerk will announce the results of the vote, and if the Clerk concludes a 2/3 majority in favor of the levy of the special taxes and the establishment of the appropriations limit, staff recommends that the City Council adopt a resolution certifying the results of the election and introduce an ordinance levying the special tax (Items 3 and 4 below):
(3) Resolution making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2006-1 (Public Services), Annexation No. 9 (Florence Street) (Attachment 3); and (4) Introduce an Ordinance levying special tax within City of Union City Community Facilities District No. 2006- 1 (public services), including certain annexation territory (Florence Street) (Attachment 4). The Ordinance is scheduled for adoption at the November 26, 2024 City Council Meeting.
Prepared by:
Carmela Campbell, Economic and Community Development Director; Greg Ghironzi, NBS Government Finance Group
Submitted by:
Carmela Campbell, Economic and Community Development Director ATTACHMENTS:
City Council/RSA Agenda 1326 Tuesday, November 19, 2024 Description Type
Attachment 1 - Resolution ofAnnexation (Annexation #9) Resolution Attachment 1 - Resolution ofAnnexation - Exhibit A - RateAnd Method Of Apportionment
Exhibit
Attachment 1 - Resolution ofAnnexation (Annexation #9) Exhibit B - Sample Ballot
Exhibit
Attachment 2 - Resolution Calling for Special Election (Annexation #9) Resolution Attachment 3 - Resolution Certifying Election Results (Annexation #9) Resolution Attachment 3 - Resolution Certifying Election Results (Annexation #9) - Exhibit A - Statement of Votes Cast
Exhibit
Attachment 3 - Resolution Certifying Election Results (Annexation #9) - Exhibit B - Boundary Map
Exhibit
Attachment 3 - Resolution Certifying Election Results (Annexation #9) - Exhibit C- List ofAPNs
Exhibit
Attachment 4 - Ordinance Levying Special Tax (Annexation #9) Ordinance PowerPoint Presentation Attachment
City Council/RSA Agenda 1327 Tuesday, November 19, 2024 Attachment 1
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY,
CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY
(FLORENCE STREET) TO COMMUNITY FACILITIES DISTRICT NO.
2006-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND
SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS
WHEREAS, this Council, on October 8, 2024, adopted Resolution No. 6373-24 (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Union City Community Facilities District No. 2006-1 (Public Services) (“CFD No. 2006-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2006-1, and a description and map of the proposed boundaries of the territory to be annexed (Florence Street) to CFD No. 2006-1 (“Annexation No. 9”), is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, on November 19, 2024, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2006-1; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2006-1 and the levy of said special taxes within the area proposed to be annexed were heard, and a full and fair hearing was held; and
WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2006-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2006-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2006-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2006-1; and
WHEREAS, a boundary map for Annexation No. 9 to CFD No. 2006-1 has been filed with the County Recorder of the County of Alameda, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 9 as follows:
SECTION 1 Recitals. The above recitals are all true and correct.
SECTION 2 Authorization. All prior proceedings taken by this Council with respect to CFD No. 2006-1 and the proposed annexation of territory thereto have City Council/RSA Agenda 1328 Tuesday, November 19, 2024 Resolution No. XXXX-24
Authorizing Annexation of Turk Island and Authorizing Levy of Special Tax | Florence Street
been duly considered and are hereby determined to be valid and in conformity with the Act.
SECTION 3 Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 2006-1, on file with the City Clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2006-1, and said territory is hereby annexed to CFD No. 2006-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
SECTION 4 Services. The services which CFD No. 2006-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2006-1, and the territory to be annexed to CFD No. 2006-1 and will not be replacing services already available. A general description of the services to be financed is as follows:
PUBLIC SERVICES
New police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2006-
1. The Special Tax provides only partial funding for Public Services.
SECTION 5 Special Taxes. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2006-1 and the territory proposed to be annexed as part of Annexation No. 9, secured by recordation of a continuing lien against all nonexempt real property in Annexation No. 9, will be levied annually within the boundaries of Annexation No. 9 from and after the annexation of such property to CFD No. 2006-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2006-1 and adopted by the Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2006-1.
For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within Annexation No. 9 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.
SECTION 6 Election. The provisions of the Resolution of Intention of the City, each as heretofore adopted by this Council, are by this reference incorporated herein as if fully set forth herein.
City Council/RSA Agenda 1329 Tuesday, November 19, 2024 Resolution No. XXXX-24
Authorizing Annexation of Turk Island and Authorizing Levy of Special Tax | Florence Street
(a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 9 shall be submitted to the voters within Annexation No. 9 at an election called, therefore, as hereinafter provided. This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 9 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings, the qualified electors are the landowners within Annexation No. 9 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 9.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under applicable sections of the California Elections Code, commencing with Section 4000 of said code with respect to elections conducted by mail. The Council called a special election to consider the measures described and incorporated as Exhibit “B,” which election was held on November 19, 2024 (hereafter referred to as “Election Day”). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 2006-1, a ballot in the form of Exhibit “B”, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 7:00 o’clock p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement, and the date for the election hereinabove specified is established accordingly.
City Council/RSA Agenda 1330 Tuesday, November 19, 2024 Resolution No. XXXX-24
Authorizing Annexation of Turk Island and Authorizing Levy of Special Tax | Florence Street
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 19th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A- Rate and Method of Apportionment
2. Exhibit B- Sample Ballot
City Council/RSA Agenda 1331 Tuesday, November 19, 2024 1 City of Union City
Community Facilities District No. 2006-1
(Public Services)
RATE AND METHOD OF APPORTIONMENT
CITY OF UNION CITY
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(PUBLIC SERVICES)
A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2006-1 (Public Services) of the City of Union City (“CFD No. 2006-1”) each Fiscal Year, commencing in Fiscal Year 2009-2010, in an amount determined by the City Council of the City of Union City through the application of the appropriate Special Tax for “Developed Residential Property” as described below. All of the real property in CFD No. 2006-1, 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:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Union City, or designee thereof or both, to carry out the administration of CFD No. 2006-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2006-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2006-1, costs associated with responding to public inquiries regarding CFD No. 2006-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2006-1. “Annual Escalation Factor” means the Maximum Special Tax shall be increased by two percent (2%) each subsequent year following the Base Year. “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 Assessor of the County designating parcels by assessor's parcel number.
“Base Year” means Fiscal Year ending June 30, 2010.
“Building Permit” means a permit for new construction for a residential dwelling or nonresidential structure. For purposes of this definition, “Building Permit” shall not include Exhibit A
City Council/RSA Agenda 1332 Tuesday, November 19, 2024 2 City of Union City
Community Facilities District No. 2006-1
(Public Services)
permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“CFD Administrator” means an official of the City, or designee thereof, responsible for the levy and collection of the Special Taxes.
“CFD No. 2006-1” means Community Facilities District No. 2006-1 (Public Services) established by the City under the Act.
“City” means the City of Union City.
“Council” means the City Council of the City, acting as the legislative body of CFD No. 2006-1.
“County” means the County of Alameda, California.
“Developed Residential Property” means an Assessor’s Parcel within CFD No. 2006-1 for which a Building Permit was issued for purposes of constructing Single-Family Residential, Duplex, Low Density Multi-Family Residential, or High Density Multi-Family Residential dwelling Units prior to May 1 preceding the Fiscal Year for which the Special Tax is being levied.
“Duplex” means all Assessor’s Parcels of Developed Residential Property for which a Building Permit has been issued for purposes of constructing a residential structure or structures consisting of two Residential Units.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “High Density Multi-Family Residential” means all Assessor’s Parcels of Developed Residential Property for which a Building Permit has been issued for purposes of constructing a Multi-Family Residential Unit within a structure consisting of four or more stories of livable units. For purposes of this definition, non-livable areas such as parking garages and common areas are not considered to be livable units.
“Homeowner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. “Land Use Class” means any of the classes listed in Table 1 of Section C. “Low Density Multi-Family Residential” means all Assessor’s Parcels of Developed Residential Property for which a Building Permit has been issued for purposes of constructing a Multi-Family Residential Unit within a structure consisting of less than four stories of livable units. For purposes of this definition, non-livable areas such as parking garages and common areas are not considered to be livable units.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied by CFD No. 2006-1 in any Fiscal Year on Developed Residential Property within CFD No. 2006-1.
“Mixed-Use Property” means an Assessor’s Parcel within CFD No. 2006-1 for which a Building Permit has been issued for purposes of constructing a structure or structures that consists of one or more Residential Units, but also has dedicated space for non-residential use.
Residential Units on Mixed-Use Property shall be classified as Low Density Multi-Family Residential.
City Council/RSA Agenda 1333 Tuesday, November 19, 2024 3 City of Union City
Community Facilities District No. 2006-1
(Public Services)
“Multi-Family Residential” means all Assessor’s Parcels of Developed Residential Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of more than two Residential Units, including, but not limited to, triplexes, condominiums, and apartment Units.
“Non-Residential Property” means all Assessors’ Parcels for which a Building Permit(s) has been issued for non-residential use and does not contain any Residential Units. “Public Property” means any property within the boundaries of CFD No. 2006-1 that is owned by or irrevocably dedicated to the City, the federal government, the State of California, the County, or other public agency or is used for public purposes. For purposes of this definition, property owned by the Redevelopment Agency of the City of Union City is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Section C and D herein. “Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2006-1.
The Special Tax provides only partial funding for Public Services. “Residential Unit” or “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.
“Single-Family Residential” means all Assessors’ Parcels of Developed Residential Property for which a Building Permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Residential Property, and shall include special taxes levied or to be levied under Sections C and D.
“State” means the State of California.
“Tax-Exempt Property” means an Assessor's Parcel not subject to the Special Tax as defined under Section E.
“Undeveloped Property” means an Assessor’s Parcel within CFD No. 2006-1 for which a Building Permit has not been issued and is not classified as Public Property or Homeowner Association Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, commencing with Fiscal Year 2009-2010, all Assessor’s Parcels within CFD No. 2006-1 shall be classified as either Developed Residential Property or Tax-Exempt Property, using the definitions in Section A. In addition, Developed Residential Property shall be further classified as Single-Family Residential, Duplex, Low Density Multi-Family City Council/RSA Agenda 1334 Tuesday, November 19, 2024 4 City of Union City
Community Facilities District No. 2006-1
(Public Services)
Residential or High Density Multi-Family Residential. All Developed Residential Property shall be subject to Special Taxes pursuant to Sections C and D.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Residential Property
TABLE 1
Maximum Special Tax for Developed Residential Property
Community Facilities District No. 2006-1
(Public Services)
Land Use
Class
Description Maximum Special Tax
Per Unit 1
1 Single-Family Residential $523 per Unit
2 Duplex $367 per Unit
3 Low Density Multi-Family Residential $262 per Unit
4 High Density Multi-Family Residential $200 per Unit
1 Maximum Special Tax includes the costs for Administrative Expenses On each July 1 following the Base Year, the Maximum Special Tax in Table 1 shall be increased in accordance with the Annual Escalation Factor.
2. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Property.
3. Multiple Land Use Classes
In some instances an Assessor’s Parcel may contain more than one Land Use Class.
The Maximum Special Tax levied on such an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2009-2010, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Residential Property at the applicable Maximum Special Tax as set forth in Section C.
City Council/RSA Agenda 1335 Tuesday, November 19, 2024 5 City of Union City
Community Facilities District No. 2006-1
(Public Services)
E. EXEMPTIONS
No Special Tax shall be levied on Undeveloped Property, Homeowner Association Property, Non-Residential Property or Public Property.
F. APPEALS
Any taxpayer who believes that the amount of the Special Tax assigned to a parcel is in error may file a written notice with the CFD Administrator appealing the levy of the Special Tax.
This notice is required to be filed with the CFD Administrator during the Fiscal Year in which the error is believed to have occurred. The City and/or CFD Administrator will then promptly review the appeal and, if necessary, meet with the taxpayer. If the City and/or CFD Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
G. MANNER OF COLLECTION
The Special Tax, as levied pursuant to Section D above, shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 may direct bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary, to meet the financial obligations of CFD No. 2006-1, or as otherwise determined appropriate by the City.
H. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2006-1.
City Council/RSA Agenda 1336 Tuesday, November 19, 2024 Exhibit B
CITY OF UNION CITY
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(PUBLIC SERVICES),
ANNEXATION NO. 9 (FLORENCE STREET)
OFFICIAL BALLOT
ANNEXATION ELECTION
(NOVEMBER 19, 2024)
This ballot is for the special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Union City no later than immediately after adoption of the resolution of the City Council of the City calling said election, either by mail or in person. The City Clerk’s office is located at 34009 Alvarado-Niles Road, Union City, CA 94587.
To vote, mark a cross (X) in the voting line after the word “YES” or after the word “NO.” All marks otherwise made are forbidden. All distinguishing 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 Union City and obtain another.
PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 9 (Florence Street) of the City of Union City Community Facilities District 2006-1 (Public Services) pursuant to the method of apportioning the special taxes as set forth in the Resolution of Intention adopted by the City Council of the City of Union City on October 8, 2024, and subject to the accountability measures set forth in such resolution?
YES:
NO:
PROPOSITION B: Shall Annexation No. 9 (Florence Street) to City of Union City Community Facilities District No. 2006-1 (Public Services) establish an Article XIIIB appropriations limit equal to $2,000,000.00? YES: ______
NO: _______
By execution in the space provided below, you also confirm your waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Lastly, you confirm your waiver of any time limit pertaining to the notice of public hearing, as describe by Section 53322 and 53322.4 of the California Government Code and acknowledge that as soon as practicable following receipt of this instrument by the City Clerk of the City of Union City, the City will record an Annexation Boundary Map and Notice of Amended Special Tax Lien and will levy a special tax on taxable property beginning July 1, 2025.
Number of Votes: X
Property Owners:
By:
____________________________________________________
OWNER
Property Owned by Property Owner:
APN
City Council/RSA Agenda 1337 Tuesday, November 19, 2024 ATTACHMENT 2
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 9 (FLORENCE STREET) OF CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1
(PUBLIC SERVICES) PROPOSITIONS REGARDING THE ANNUAL
LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 9 (FLORENCE
STREET) TO FINANCE PUBLIC SERVICES, AND THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (hereafter referred to as the “City Council”) of the City of Union City (the “City”) has adopted the resolution authorizing the annexation of territory to City of Union City Community Facilities District No. 2006-1 (Public Services), County of Alameda, State of California (“CFD No. 2006-1”); and
WHEREAS, by that resolution, the City Council called a special election on the propositions to be submitted to the voters of the territory proposed to be annexed (Florence Street) to CFD No. 2006-1 (“Annexation No. 9”) with respect to the levy of special taxes therein for the financing of public services within CFD No. 2006-1; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 9 the annual levy of special taxes on taxable property within Annexation No. 9; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of said Code, the City Council may also submit to the voters of Annexation No. 9 a proposition for the establishment of an appropriations limit for Annexation No. 9; and
WHEREAS, the City Clerk of the City of Union City (the “City Clerk”) has advised the City Council that the Registrar of Voters of the County of Alameda has confirmed that there are less than 12 persons registered to vote within Annexation No. 9; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 9 as follows:
SECTION 1 Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2006-1 for each of the 90 days preceding the close of the public hearing on November 19, 2024; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2006-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 9 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 9 by written consent (a) waived the time limits set forth City Council/RSA Agenda 1338 Tuesday, November 19, 2024 Resolution No. XXXX-24
Calling a Special Election | Florence Street Annexation
in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on November 19, 2024, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code, (f) waived the notice of public hearing pursuant to Section 53322 and 53322.4 of the California Government Code; and (g) the City Clerk (hereafter referred to as the “City Clerk”) has consented to the holding of the election on November 19, 2024.
SECTION 2 Call of Election. The City Council hereby calls and schedules an election for November 19, 2024, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 9 to CFD No. 2006-1 to finance public services within the CFD No. 2006-1, and on the proposition of the establishment of an appropriations limit for Annexation No. 9 to CFD No. 2006-1.
SECTION 3 Propositions. The propositions to be submitted to the voters of Annexation No. 9 at such special election shall be as follows:
Proposition A: Shall special taxes be levied annually on taxable property within Annexation No. 9 of the City of Union City Community Facilities District 2006-1 (Public Services) pursuant to the method of apportioning the special taxes as set forth in the Resolution of Intention adopted by the City Council of the City of Union City on October 8, 2024, and subject to the accountability measures set forth in such resolution?
Proposition B: Shall Annexation No. 9 to City of Union City Community Facilities District No. 2006-1 (Public Services) establish an Article XIIIB appropriations limit equal to $2,000,000.00? SECTION 4 Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated a special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
SECTION5 Election Procedures. The procedures to be followed in conducting the consolidated a special election on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 9 to CFD No. 2006-1 to pay for public services, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No. 9 to CFD No. 2006-1 in the amount of $2,000,000.00 shall be as follows:
City Council/RSA Agenda 1339 Tuesday, November 19, 2024 Resolution No. XXXX-24
Calling a Special Election | Florence Street Annexation
(a) Pursuant to Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official, shall mail or deliver to each qualified elector an official ballot in the appropriate form, and shall also mail or deliver to all such qualified electors a ballot pamphlet, instructions to voter, and a return identification envelope addressed to the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landownervoter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landownervoter is other than a natural person, that he or she is an officer of, or other person affiliated with, the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within Annexation No. 9 to CFD No. 2006-1.
(d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The information to voter to be delivered by the City Clerk to the landowner-voter shall inform them that the official ballot shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:00 p.m. on November 19, 2024; provided that if all qualified electors have voted, the election shall be closed with the concurrence of the City Clerk.
City Council/RSA Agenda 1340 Tuesday, November 19, 2024 Resolution No. XXXX-24
Calling a Special Election | Florence Street Annexation
(f) Upon receipt of the return identification envelope, which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 19th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 1341 Tuesday, November 19, 2024
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), ANNEXATION NO. 9 (FLORENCE STREET)
WHEREAS, the City Council of the City of Union City (the “City Council”), has previously formed a Community Facilities District pursuant to the provisions of the “MelloRoos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2006- 1 (Public Services) (hereafter referred to as CFD No. 2006-1); and, WHEREAS, the City Council initiated proceedings to annex certain territory to Community Facilities District No. 2006-1 (Public Services), Annexation No. 9 (Florence Street) (hereafter referred to as “Annexation No. 9”); and WHEREAS, at this time, the unanimous consent to the annexation of Annexation No. 9 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding November 19, 2024, therefore, pursuant to the Act, the qualified electors of Annexation No. 9 shall be the “landowners” of Annexation No. 9 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 9; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 9 to the qualified electors of Annexation No. 9 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 9; and
WHEREAS, the City Clerk of the City of Union City has caused ballots to be distributed to the qualified electors of Annexation No. 9, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time, the measure voted upon, and such measure did receive the favorable 2/3rd’s vote of the qualified electors, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the territory to be annexed and designated as Annexation Map No. 9 (Florence Street) (hereafter referred to as the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.
City Council/RSA Agenda 1342 Tuesday, November 19, 2024 Resolution No. XXXX-24
Certifying Results of a Special Election | CFD 2006-1 Annexation No. 9 (Florence Street)
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 9 as follows:
SECTION 1 Recitals. The above recitals are all true and correct.
SECTION 2 Findings. This City Council does hereby determine as follows:
SECTION 2 Findings. This City Council does hereby determine as follows:
(a) Consent to the annexation of Annexation No. 9 to CFD No. 2006-1 has been given by _____% all of the owners within Annexation No. 9 and such consent shall be kept on file in the Office of the City Clerk.
(b) Less than twelve (12) registered voters have resided within the territory of Annexation No. 9 for each of the ninety (90) days preceding November 19, 2024, therefore, pursuant to the Act the qualified electors of Annexation No. 9 shall be the “landowners” of such Annexation No. 9 as such term is defined in Government Code Section 53317(f).
(c) The qualified electors of Annexation No. 9 have voted in favor of the levy of special taxes within Annexation No. 9 upon its annexation to CFD No. 2006-1 by a vote of ______.
SECTION 3 Annexed Area. The boundaries and parcels of territory within Annexation No. 9 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.
SECTION 4 Declaration of Annexation. The City Council does hereby determine and declare that Annexation No. 9 is now added to and becomes a part of CFD No. 2006-1. The City Council, acting as the legislative body of CFD No. 2006-1, is hereby empowered to levy the authorized special tax within Annexation No. 9.
SECTION 5 Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:
An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
City Council/RSA Agenda 1343 Tuesday, November 19, 2024 Resolution No. XXXX-24
Certifying Results of a Special Election | CFD 2006-1 Annexation No. 9 (Florence Street)
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 19th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A - Certificate of Election Official and Statement of Votes Cast
2. Exhibit B - Annexation Map
3. Exhibit C - List of Properties to be Annexed
City Council/RSA Agenda 1344 Tuesday, November 19, 2024
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF ALAMEDA ) ss.
CITY OF UNION CITY )
The undersigned, ELECTION OFFICIAL OF THE CITY OF UNION CITY, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions commencing with Section 53326 of the Government Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF UNION CITY
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(PUBLIC SERVICES)
ANNEXATION NO. 9 (FLORENCE STREET)
SPECIAL ELECTION
in the City, held on November 19, 2024.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 9 to Community Facilities District No. 2006- 1 (Public Services) of the City of Union City for or against the Measure are full, true and correct.
VOTES CAST ON PROPOSITION A: YES
NO
VOTES CAST ON PROPOSITION B: YES
NO
WITNESS my hand this 19th day of November 2024
_____________________________________
THAI NAM N. PHAM
City Clerk
City of Union City
City Council/RSA Agenda 1345 Tuesday, November 19, 2024
EXHIBIT B
City Council/RSA Agenda 1346 Tuesday, November 19, 2024
EXHIBIT C
LIST OF PROPERTIES TO BE ANNEXED
APN(s)
087 -0034-004-00
087 -0034-005-00
087 -0034-006-00
087 -0034-007-00
087 -0034-008-00
087 -0034-009-00
City Council/RSA Agenda 1347 Tuesday, November 19, 2024 ATTACHMENT 4
ORDINANCE XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY
LEVYING SPECIAL TAX WITHIN CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), INCLUDING
CERTAIN ANNEXATION TERRITORY (FLORENCE STREET)
WHEREAS, the City of Union City (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of Union City Community Facilities District No. 2006-1 (Public Services)” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Rate and Method”) is set forth in Exhibit A to City Council Resolution 3323-07, which was adopted on February 27, 2007 (the “Resolution of Formation”); and WHEREAS, the City has conducted proceedings to annex territory into the CFD and, with respect to such proceedings, following an election of the qualified electors in the territory proposed for annexation (Florence Street) (the “Annexation Territory”), the City Council, on November 19, 2024, adopted its Resolution No. ______, entitled “A Resolution of the City Council of the City of Union City, California, Making Certain Findings, Certifying the Results of an Election and Adding Property to Community Facilities District No. 2006-1 (Public Services).”
NOW, THEREFORE, BE IT ORDAINED, determined and ordered by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 9 (Florence Street) as follows:
SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the City Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2009/10 pursuant to Ordinance No. 685-07, introduced by the City Council on February 27, 2007 and finally adopted by the City Council on March 13, 2007, and the Special Tax is hereby levied commencing in fiscal year 2025/26 in the territory annexed to the CFD, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.
The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2009/10 through 2025/26.
SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal City Council/RSA Agenda 1348 Tuesday, November 19, 2024 Ordinance No. XXX-24
Levying Special Tax CFD No. 2006-1 | Florence Street
year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof and including the Annexation Territory, in the manner and as provided in the Rate and Method.
SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.
SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.
SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Alameda in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Alameda for fiscal year 2025/26 and for each fiscal year thereafter, as set forth in Section One above, until no longer required to pay for the Services or until otherwise terminated by the City.
SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, shall not be affected.
SECTION SEVEN: The Mayor shall sign this Ordinance, and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.
SECTION EIGHT: This Council affirms the provisions of Ordinance No. 685-07 except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.
City Council/RSA Agenda 1349 Tuesday, November 19, 2024 Ordinance No. XXX-24
Levying Special Tax CFD No. 2006-1 | Florence Street
SECTION NINE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Union City, County of Alameda.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 1350 Tuesday, November 19, 2024 Item 4.3
CFD 2006-1
Annexation #9 – Florence St.
City Council/RSA Agenda 1351 Tuesday, November 19, 2024 2 Florence Street Subdivision - Annexation #9
• 6 lot subdivision, Site
Development Review, Use Permit, DA
• Rough grading for site
underway
City Council/RSA Agenda 1352 Tuesday, November 19, 2024 3 City Council/RSA Agenda 1353 Tuesday, November 19, 2024 4 CFD Annexation Process
1 Council Meeting – October 8, 2024 CFD Resolution of Intention2 Mail Out of Ballots to Property Owners – November 4, 20243 Council Meeting – November 19, 2024 Public Hearing and CFD Election4 Council Meeting – November 26, 2024 Ordinance to Levy Special Taxes Adopted City Council/RSA Agenda 1354 Tuesday, November 19, 2024 5 Recommendation / Order of Proceedings
Staff recommends the City Council conduct the following proceedings:• Hold the Public Hearing• Staff recommends that City Council adopt the following resolutions:
• Resolution authorizing the annexation of territory to CFD 2006-1 and authorizing the levy of a special tax/submitting the levy of taxto the qualified electors; and • Resolution calling a special election and submitting to the voters of Annexation No. 9 (Florence Street) of CFD No. 2006-1propositions regarding the annual levy of special taxes withinAnnexation No. 9 to finance public services, and theestablishment of an appropriations limit City Council/RSA Agenda 1355 Tuesday, November 19, 2024 6 Recommendation / Order of Proceedings (Continued)
• After adoption of the resolutions, the Mayor will call for a 5-minute recess to provide the City Clerk time to tabulate the votes • The City Clerk will announce the results of the vote, and if the Clerk concludes a 2/3 majority in favor of the levy of the special taxes andthe establishment of the appropriations limit, staff recommends thatthe City Council:• Adopt a resolution making certain findings, certifying the results of an election and adding the Florence Street property to CFD No.2006-1 (Public Services); and • Introduce an Ordinance levying the special tax on the Florence Street Property
City Council/RSA Agenda 1356 Tuesday, November 19, 2024