Memo Regarding Public Hearing to Consider Adoption of Resolution Calling a Special Election Regarding Alteration of the Rate and Method of Apportionment of Special Taxes for Community Facilities District No. 17-1, October 16, 2018
On March 21, 2017, the City Council adopted Resolution No. 15249 pursuant to which it formed CFD 17-1 (Alameda Point Public Services District) in connection with the development of Alameda Point. CFD 17-1 was established in order to finance annual public services and transportation demand management services and programs associated with the development of the 68-acre Site A development. Other areas of Alameda Point are included in a “Future Annexation Area” for the CFD and are to be annexed into the CFD prior to their transfer to private property owners. The first such annexation occurred on March 15, 2018, in connection with a transfer of a portion of the Site A land.
The Resolution that formed the CFD approved the RMA, which sets forth the manner in which the City Council will levy special taxes on property in the CFD to pay the costs of services eligible to be funded by the CFD, and to pay the costs of the City to administer the CFD. Following the formation of the CFD, it was discovered that there was an unintended error in the RMA that would prevent the levy of special taxes on property to be included in Zone 2 of the CFD (the Adaptive Reuse Area). While the City expected to be able to levy special taxes on all property in, or annexed to, Zone 2 of the CFD that was developed, the definition of “Developed Property” in the RMA would not allow for the special tax levy on certain parcels. The owners of all property in Zone 2 of the CFD were advised of the expected special tax levy. The proposed change in the RMA alters the definitions of “Developed Property” and of “Non-Residential Property” to reflect what was intended by the City and property owners at the time of CFD formation.
On October 2, 2018, the City Council adopted a Resolution of Consideration to alter the RMA to correct the unintended error, and set a public hearing for October 16, 2018, regarding the proposed alteration. A notice of the public hearing has been published as required by law. Following the public hearing, staff recommends that the City Council approve a resolution calling for a special mail ballot election of the owners of property in the CFD regarding the alteration.