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Adoption of Resolution Declaring Results of Special Election in Community Facilities District No. 13-1 (Alameda Landing Public Improvements), Determining that Alteration of the Rate and Method of Apportionment of Special Taxes for the District is Lawfully Authorized, and Directing Recording of a Third Amendment to Notice of Special Tax Lien. (Community Development 256)
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To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Adoption of Resolution Declaring Results of Special Election in Community Facilities District No. 13-1 (Alameda Landing Public Improvements), Determining that Alteration of the Rate and Method of Apportionment of Special Taxes for the District is Lawfully Authorized, and Directing Recording of a Third Amendment to Notice of Special Tax Lien
BACKGROUND
On January 7, 2014, the City Council adopted Resolution No. 14880 pursuant to which it formed the City of Alameda Community Facilities District No. 13-1 (Alameda Landing Public Improvements) (CFD), and adopted Resolution No. 14881 determining that the City could issue, for the CFD, up to $20,000,000 in bonds (Bonds) to finance certain public facilities being constructed by Catellus Alameda Development, LLC (developer) in connection with the development of Phase 1 of Alameda Landing. These facilities included the backbone sanitary sewer, storm and water systems and construction of Mitchell and Stargell Avenues and Fifth Street.
The Resolution that formed the CFD approved a Rate and Method of Apportionment of Special Taxes for the District (RMA), which set forth the manner in which the City Council will levy special taxes on property in the CFD to repay the Bonds and pay the costs of the City to administer the CFD. Subsequently, in connection with proceedings to add Alameda Landing Phase 2 to the CFD, the City Council conducted proceedings to alter the RMA and to increase the bonded debt limit of the CFD to $40,000,000 pursuant to Resolution No. 15015 adopted by the City Council on April 7, 2015. On March 17, 2016, the City issued $15,415,000 principal amount of the Bonds to provide funds to finance the improvements described above.
In September of this year, the City received a petition from the developer requesting that the City conduct proceedings to alter the RMA for the CFD to exempt, from the levy of special taxes for the CFD, Conveyance Parcel 7, which is the portion of Alameda Landing to be conveyed to Bay Ship and Yacht (BSY), unless and until it is conveyed to a private entity and is developed for a use other than its existing use. In the petition, the developer agreed to pay the costs of the City to conduct proceedings to alter the RMA.
On September 19, 2017, the City Council adopted a resolution of consideration to alter the RMA, which set a public hearing for October 3, 2017, regarding the proposed alteration. On October 3, 2017, the public hearing was held, and following the hearing the City Council adopted a resolution calling a special election of the registered voters residing in the area of the CFD regarding the proposed alteration.
The election was conducted by mail ballot with ballots due to the City Clerk by the close of business on November 29, 2017. The City Clerk has canvassed the election and has determined that more than two-thirds of the ballots cast in the election were in favor of the measure.
It is recommended that the City Council adopt a resolution declaring the results of the election and directing the City Clerk to record a third amendment to the previously recorded Notice of Special Tax Lien for the District. The Notice of Special Tax Lien provides all future owners of property in the CFD with knowledge of the District and the CFD’s current special taxing power.
DISCUSSION
The Bayport/Alameda Landing Master Plan was recently amended to allow a Maritime Commercial and Residential Variant. The Maritime Commercial and Residential Variant land use program permits an alternative to the Sub Area Development Programs for Sub-Areas 1 and 2, to facilitate the reuse and revitalization of the Alameda Landing Waterfront. The developer proposes to sell the western-most portion of the waterfront property (approximately 17 acres known as Conveyance Parcel 7) to BSY, who will renovate 364,000 square feet of existing warehouse space for maritime and related commercial uses. The developer will build up to 400 residential units and a four-acre waterfront park on the remainder of the property.
As part of the due diligence for the sale of Conveyance Parcel 7 to BSY, the developer determined that the amount of special tax levy that would be due under the current RMA would render BSY’s proposed project to adaptively reuse the warehouses economically infeasible. When the RMA was adopted as part of the CFD proceedings, it was anticipated that new development would be constructed, along with new public infrastructure, and a mechanism to partially fund those improvements with tax-exempt bonds would be appropriate. At this time, the project anticipated is a combination of adaptive reuse and new construction and the developer has agreed to fund the public infrastructure required for BSY’s adaptive reuse project without the benefit of the CFD proceeds a special tax levy on Conveyance Parcel 7 would provide. The developer petitioned the City to conduct a vote of the registered voters residing in the CFD to amend the RMA to exempt Conveyance Parcel 7 from payment of the special tax unless and until it is redeveloped with new uses consistent with the Master Plan.
The CFD was formed pursuant to the City’s Special Tax Financing Improvement Code (Municipal Code Section 3-70.1 and following), which provides for a process to alter the RMA for the CFD. That process began with the adoption by the City Council on September 19th of a resolution of consideration to alter the RMA, which described the proposed alteration, and that called for a public hearing on October 3rd regarding the alteration. On October 3, 2017, the public hearing was held, and following the hearing the City Council adopted a resolution calling a special election of the registered voters residing in the area of the CFD regarding the proposed alteration.
The Resolution before the Council formally declares the result of the special election and directs the City Clerk to record a third amendment to the Notice of Special Tax Lien, which was previously recorded against the property in the CFD.
FINANCIAL IMPACT
There is no impact to the General Fund to modify the RMA for the CFD. All costs related to the alteration proceedings are to be paid by the developer as agreed to in its petition. The annual costs to administer the CFD and the Bonds are to be paid from annual special taxes levied on property included within the boundaries of the CFD.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The Municipal Code contains, in Section 3-70, the City of Alameda Special Tax Financing Improvement Code pursuant to which the CFD was formed, and pursuant to which the alteration of the RMA is being processed.
ENVIRONMENTAL REVIEW
On December 5, 2006, the City Council certified the Final Environmental Impact Report for the Alameda Landing Mixed Use Development Project (a Supplement to the 2000 Catellus Mixed-Use Development Project EIR) in accordance with the California Environmental Quality Act (CEQA) (State Clearinghouse #2006012091) and subsequent addenda. The CFD, and the consideration of the alteration of the RMA, are consistent with, and implement the prior approvals and will not result in any new or substantially more severe environmental impacts than were previously identified in the Supplemental EIR and addenda.
RECOMMENDATION
Adopt a Resolution declaring results of special election in Community Facilities District No. 13-1 (Alameda Landing Public Improvements), determining that alteration of the rate and method of apportionment of special taxes for the District is lawfully authorized, and directing recording of a third amendment to notice of special tax lien.
Respectfully submitted,
Debbie Potter, Community Development Director
Financial Impact section reviewed,
Elena Adair, Finance Director