RESOLUTIONNO

g
P
IyJ
OFFICEo
T
ir
Cl
R
C MS
NO
2003
JUN
26
P H
2
27
OAKLANDCITYCOUNCIL
RESOLUTIONACCEP TINGP ETITION
AND
DETERMINING
TOUNDERTAKEP ROCEEDINGS
Community
Facilities
District No2003 1
Werner
Court
Veg etationManag ement
WHEREAS Werner
Development
LLC Werner
Development
as the owner of
certain real
property
situated in the
City
ofOakland the
City
hasfiledwith the
City
Clerk
the Clerk a
petition
the P etition
sig ned
by
an
authorized
representative containing
the
matters
required
by
Sections 5331 8 and 5331 9 of the California Government Code and
requesting
thisCouncil toinitiateandconduct
leg al proceeding spursuant
tothe
provisions
ofthe
MelloRoos
Community
Facilities Act of 1 982 Sections 5331 1 and
following
California
Government
Code hereafter the
Act
for
theestablishment ofa
community
facilitiesdistrict to
be known as
Community
Facilities District
No 2003 1 Werner Court
Veg etation
Manag ement City
of
Oakland
County
ofAlameda StateofCalifornia
CFDNo2003 1
andfor theconduct oftherelatedlandowner
voter
election
toauthorize
levy
of
a
special
tax
upon
the
21
parcels
oftaxable
property
within CFDNo2003 1 and utilizethe
proceeds
thereof
for
certain describedmaintenanceservices for
an
open space
parcel adjacent
toCFDNo2003
1 as
shall bemore
fully
established
by
said
leg al
proceeding s
and
WHEREAS as set forthin theP etition Werner
Development
requests
that the
proposed
CFD
No2003 1
include
thereal
property
shown
on
theexhibit
map
attachedas Exhibit A
to
the
P etition whichreal
property
issituated withinthe
City
and
WHEREAS the
proposed
CFDNo 2003
1
is
tobe
established
for the
purpose
of
financing
the maintenance services described
therein
pertaining
toweed abatement
and
5 4S
1
ORA
COUNCil
JUL
1 5
2003
veg etation
manag ement
respecting
an
open space parcel adjacent
to
CFDNo 2003
1
the
MaintenanceServices and relatedadministrative
expenses
ofCFDNo2003 1 and
WHEREAS Werner
Development
represents
intheP etition that it isthesoleowner of
the
subject
21
parcels
ofland situatedwithin CFDNo2003 1 and whichwill be
subject
tothe
Special
Tax and
WHEREAS theP etitionhasbeensubmittedin accordancewithand containsthe
matters
requiredby
the
provisions
ofSections
5331 8 and 5331 9oftheAct
NOWTHEREFORE BEITRESOLVED
by
the
City
Council ofthe
City
ofOaklandas
follows
1 TheP etitionis
hereby
found tobe
leg ally
sufficient andis
accepted by
theCouncil
andthisaction shall befinal andconclusivewithinthe
meaning
of
Section 5331 9oftheAct
2 The
leg al proceeding s
shall beinitiatedandconducted
pursuant
to
the
Act
INCOUNCil OAKLANDCALIFORNIA
20
P ASSEDBYTHEFOLLOWINGVOTE
AYES BROOKSBRUNNERCHANG NADEL QUAN
REIDWANANDP RESIDENTDELAFUENTE
NOES
O
RA UN
JUl
1 5
2003
ABSENT
ABSTENTION
ATTEST
CEDAFLOYD
City
Clerk andClerkoftheCouncil
of
the
City
ofOakland California
OAKLAND
CITY
COUNCIL
B
pP r
I
RESOLUTION
NO
OFFICEU
n
I
CLER
J
C
M
1 M3
JUN
26
F
1
2
27
RESOLUTION
AP P ROVINGBOUNDARY
MAP
Community
FacilitiesDistrict No2003 1
Werner
Court
Veg etation
Manag ement
WHEREAS
a
proposed boundary map
the
Boundary
Map
entitled
P roposed
Boundaries of
Community
Facilities District
No2003 1 Werner Court
Veg etation
Manag ement City
of
Oakland
City
ofAlameda State ofCalifornia hasbeen filed
with the
City
Clerk the Clerk ofthe
City
ofOakland the
City
and
WHEREAS in connection with the intention ofthe
City
Council the Council to
initiate
proceeding s
under theMello
Roos
Community
Facilities Act of1 982 Sections
5331 1
and
following
California
Government Code the
Act
the Council wishes to
approve
the
BoundaryMap
as
themeans of
describing
theboundariesofthe
proposedCommunity
Facilities
District No2003 1 Werner Court
Veg etationManag ement
CFDNo2003 1
NOWTHEREFORE BEIT
RESOLVED
by
the
City
Council ofthe
City
ofOaklandas
follows
I The Council
approves
the
Boundary
Map
and
adopts
the boundaries shown
thereon as
describing
the
extent
of
the
territory
tobeincludedin a
proposedcommunity
facilities
district
to
beknown as
Community
Facilities District No
2003 1 Werner Court
Veg etation
Manag ement City
ofOakland
County
ofAlameda
StateofCalifornia
2 TheCouncil findsthat the
Boundary
Map
is
in theformandcontainsthematters
prescribedby
Section31 1 0 oftheCalifornia
Streets and
Hig hways
Code as
required by
Section
53328 5 oftheCaliforniaGovernment Code
45 2
OA
AlCOUNClt
JUt 1
5
2003
3 TheCouncil directs
theClerk to
certify
the
adoption
ofthisresolution on
theface
ofthe
BoundaryMap
and tofile
a
copy
ofthereof with the Alameda
County
Recorder for
placement
in theBook of
Maps
ofAssessment and
Community
Facilities Districts
INCOUNCil
OAKLAND CALIFORNIA
P ASSED
BYTHEFOLLOWINGVOTE
20
AYES BROOKS
BRUNNERCHANGNADEL QUAN
REIDWANANDP RESIDENT
DElAFUENTE
NOES
S
4S 2
ORAlCOUNC
L
llL1 5
200
1
ABSENT
ABSTENTION
ATTEST
CEDAFLOYD
City
Clerk
and Clerk oftheCouncil
ofthe
City
ofOakland California
0
OAKLAND
CITYCOUNCIL
lLEJ 1
OFFICE G T
E
CIT
IJ
rJ
R
RESOLUTIONNO
C
nI
JUri
26
P i
2
27
RESOLUTIONOF
INTENTION
TOESTABLISH COMMUNITY
FACILITIESDISTRICT
ANDTO
AUTHORIZELEVYOF
A
SP ECIALTAX
TOFINANCEMAINTENANCE
SERVICES
Community
Facilities District No2003 1
Werner
Court
Veg etationManag ement
WHEREASin
response
to
a
petition
the P etition submitted
totheCouncil
by
Werner
Development
LLC Werner
Development
as
thesole
owner
ofthe2 I
parcels
of
privately
owned real
property
shown on an
exhibit
map
attachedtotheP etition
theCouncil
proposes
to
establisha
community
facilities
district within the
City
of
Oakland the
City
under
theterms
oftheMelloRoos
Community
Facilities Act of
1 982 Sections533
I
I and
following
California
Government
Code the Act and theboundaries
ofthe
proposed
community
facilities district
are
shown
on
the
boundarymap
the
BoundaryMap
which ison
filewith the
City
Clerkof
this
City
the Clerk
and which has been
approved
by
resolution0 fthe
Council
previously
adopted
thissame
date and
WHEREAS
by
saidresolution
approving
the
BoundaryMap
theCouncil has
established
that
thenameofthe
proposed community
facilitiesdistrict
shall beas
requestedby
theP etition
namely
Community
Facilities District
No2003 1
Werner Court
Veg etation Manag ement
City
of
Oakland
County
of
Alameda StateofCalifornia
CFDNo2003
1 and
WHEREAS Section
53321 of
the
Act
provides
that
leg al
proceeding s
for
the
establishment ofa
community
facilities
district
pursuant
to
the
Act
shall be
instituted
by
the
adoption
of aresolution
ofthe Council
declaring
its intention as
provided
hereafter
in this
5
45
3
resolution
nRA
COUNCll
JUL1 5 2003
NOWTHEREFORE
BEITRESOLVED
by
the
City
Council ofthe
City
ofOakland
as
follows
1 The
types
ofmaintenanceservices
proposed
tobe
provided
within or
adjacent
to
CFDNo 2003 1 are described as maintenance services for an
open space
parcel
situated
immediately
adjacent
to
and
g enerally
to
the
northeast ofthe
boundary
of
CFDNo2003 1
which services shall consist ofweed abatement
and
veg etation
manag ement
on a
buffer
strip
approximately
50 feet widebetween the
boundary
lineofCFD
No2003 1 andthebalanceofthe
openspaceparcel
2
A
special
tax sufficient to
pay
for all such
maintenance services and related
administrative
expenses
will be
annually
leviedwithin CFDNo2003
1
Upon
recordation of
a
notice of
special
tax lien
pursuant
toSection
31 1 45 ofthe CaliforniaStreets and
Hig hways
Code a
continuing
lien tosecure each
levy
ofthe
special
tax
shall
attach toall
nonexempt
real
property
within
CFDNo2003 1 andthislienshall continuein force
and effect in
perpetuity
or
until theCouncilterminatesthe
levy
ofthe
special
tax
by
further
leg al proceeding s
not
presently
anticipated
The
rateandmethodof
apportionment
ofthe
special
tax the RateandMethod
is
set forthin Exhibit
Aattachedheretoand
by
thisreference
incorporated
herein and the
amount
ofthe
special
taxwhich
may
belevied
annually
shall be
subject
to
thelimitation
imposed
by
the
definition of
Maximum
Special
Tax set forthintheRateandMethod
3 The
types
ofadministrative
expenses proposed
tobeauthorized
to
be
paid
from
the
proceeds
ofthe
special
taxaredescribed
in thedefinition of Administrative
Expenses
set
forthintheRateand
Method
4 On the basisofthe
written waiver and
consent
of
Werner
Development
as the
soleowner ofthe 21
parcels
tobe
subject
tothe
special
tax theCouncil
hereby
sets
Tuesday
July
1 5 2003 at 7 00
p
m or as soon thereafter
as the matter
may
beheard in the
Council
Chamberslocatedon the3rdfloor at I Frank
Og awa
P laza Oakland
California asthetimeand
place
for the
public
hearing
onthe
establishment ofCFONo2003 1 At the
hearing testimony
ofall interested
persons
and
taxpayers
for or
ag ainst
establishment ofCFONo2003 1 the
extent of CFONo 2003 1 the
proposed
list ofmaintenance
services tobe authorized the
proposed
rate and method of
apportionment
ofthe
special
tax or
any
other
aspect
ofthe
proposed
CFONo2003 1 will beheard and
protests
will beconsidered from
both
reg istered
voters if
any residing
within
CFONo2003 1 and
persons
owning
real
property
within
CFO
No2003 1 As
provided by
the
Act
written
protests
by
a
majority
ofthe
reg istered
voters
if
any
but
including
a
minimumofsix
reg istered
voters
or
by
theownersofa
majority
in area
of
the land within the
proposed
CFONo 2003 1 will
constitute a
majority protest
and will
require
the
suspension
of
proceeding s
for
at least one
year
Written
protests
must
befiled
with
the Clerk
at
orbefore
thetimefixedfor the
hearing
Ifsuch
majorityprotests
aredirected
only
ag ainst
certain elements
ofthe
proposed
improvements
or
proposed
special
tax
only
those
elementsshall bedeletedfromthe
proceeding s
8 It is
anticipated
that the
special
taxwill bebilled
as
a
separate
line
itemon the
reg ular
property
taxbill ofthe
County
ofAlameda
However the Council reserves the
rig ht
under Section 53340
to
utilize
any
methodof
collecting
the
special
taxwhichit shall fromtime
totime determine tobein thebest
interests ofthe
City including
but
not limited todirect
billing by
the
City
tothe
property
owners
and
supplemental
billing
9 Goodwin
Consulting
Group
as
special
tax consultant for CFONo
2003 1 is
hereby
ordered
to
prepare
and file the
report required by
Section 53321 5 of the
Act
the
Hearing
Report
1 0 On the basis of the information set forth in
that certain certificate entitled
Certificate re Land
Owners on file with the Clerk in the election
tobe held in these
proceeding s
the electors will be the landowner s
within
proposed
CFD
No 2003 1 in
accordancewith
Section 53326 oftheAct
1 1 ThisCouncil alsointends
toestablishtheannual
appropriations
limit ofCFD
No
2003 1 at 1 0 000 00 for the
2003 2004fiscal
year
1 2 On thebasis ofthewritten
waiver and
consent
ofWerner
Development
as the
soleowner
ofthe21
parcels
oftaxable
property
withinCFDNo2003 1 thisCouncil finds
and
determines that
the
publication
of
a
notice of
hearing
has been
waived and is therefore
not
required
INCOUNCil OAKLAND
CALIFORNIA
20
P ASSEDBYTHEFOLLOWING
VOTE
AYES BROOKSBRUNNER
CHANGNADEL QUAN REID
WANANDP RESIDENTDE
LAFUENTE
545
3
ORAlCOUNC l
JUt
1
5
2003
NOES
ABSENT
ABSTENTION
ATTEST
CEDAFLOYD
City
Clerkand ClerkoftheCouncil
of
the
City
ofOakland California
EXHIBITA
CiTYOF
OAKLAND
COMMUNITYFACILITIESDISTRICT
No2003 1
WERNER
COURT
VEGETATIONMANAGEMENT
RATE
AND
METHODOF ApP ORTIONMENT
OF SP ECIALTAX
A
Special
Tax
applicable
toeach Assessor
s
P arcel in
Community
Facilities District
No
2003 1 Werner Court
Veg etation Manag ement
herein
CFDNo 2003 1 shall
be
leviedand collected
according
to
the
tax
liability
determined
by
the
City
Council
throug h
the
application
ofthe
appropriate
Special
Tax rate as described below
All ofthe
property
in CFD
No2003 1 unless
exemptedby
lawor
by
the
provisions
of
Section E
belowshall betaxed forthe
purposes
totheextent andin
the
manner
herein
provided
A DEFINITIONS
The
terms
hereinafter
set forthhavethe
following meaning s
Acreag e
or
Acre
means
theland
area
making up
an Assessor s P arcel
as
shown
on
an
Assessor s P arcel
Map
or
iftheland areaisnot shown onan
Assessor s P arcel
Map
theland
area shown
on
the
applicable
final
subdivision
map
or other
parcel map
recorded
at the
County
Recorder s
Office
Act
means
the
MelloRoos
Community
Facilities Act of 1 982 as
amended
being
Chapter
2 5
commencing
with Section5331 1 Division
2 ofTitle5 oftheGovernment
Codeof
theStateofCalifornia
Administrative
Expenses
means
any
or all
ofthe
following
the
expenses
ofthe
City
in
carrying
out its duties
for CFDNo2003 1
including
but not limited
tothe
levy
and
collection ofthe
Special
Tax thefees and
expenses
ofits
counsel
charg es
levied
by
the
County
in
connection with the
levy
and collection of
Special
Taxes costs related
to
property
owner
inquiries
reg arding
the
Special
Tax and all other
costs and
expenses
of
the
City
in
any
way
related
to
the
establishment or administration
ofCFDNo2003
1
Administrator shall
mean the
person
orfirm
desig natedby
the
City
toadminister the
Special
Tax
according
to
thisRate
andMethodof
Apportionment
of
Special
Tax
Assessor s P arcel
or P arcel
means
a
lot
or
parcel
shown in an
Assessor s P arcel
Map
withan
assig ned
Assessor s P arcel number
Assessor s P arcel
Map
means an official
map
ofthe
County
Assessor
of
the
County
ofAlameda
desig nating parcels
by
Assessor
s P arcel number
City
oOakland
CFDNo2003
1
1
Buildable
Lot meansanindividual lot within aFinal
Map
for whicha
building
permit
for newconstruction
may
beissuedwithout further subdivision
ofsuch lot
City
means
the
City
ofOakland
City
Council meansthe
City
Council ofthe
City
of
Oakland
acting
as
the
leg islative
body
oftheCFD
County
means the
County
ofAlameda
Final
Map
means a
final
map
or
portion
thereof
approved by
the
County
pursuant
to
theSubdivision
Map
Act
California
Government CodeSection6641 0 et
seq
that
creates
individual lotsfor which
building permitsmay
beissued
Theterm Final
Map
shall
not
include
any
larg e
lot subdivision
map
Assessor s P arcel
Map
or subdivision
map
or
portion
thereof that does not create individual lots for which
building permits
may
be
issued
including
Assessor
s
P arcelsthat are
desig nated
as
remainder
parcels
Fiscal Year meansthe
period starting
on
July
I and
ending
onthe
following
June30
Maximum
Special
Tax means themaximum
Special
Taxdetermined in accordance
withSection C belowthat can belevied
on
Taxable
P roperty
in
any
Fiscal Year
P roportionately
means for BuildableLots that the ratioofthe actual
Special
Tax
leviedtotheMaximum
Special
Tax
is
equal
forall BuildableLots
P ublic
Ag ency
means
the federal
g overnment
State of California or
other local
g overnments
or
public
ag encies
Special
Tax
Requirement
means
theamount ofrevenueneeded in
any
Fiscal
Year to
pay
for the
following
i services maintenance
expenses sinking
fund
payments
and
capital
reserves
authorized tobe funded
by
CFD
No 2003 1 ii Administrative
Expenses
and iii
amounts needed to
cure
any
delinquencies
inthe
payment
of
Special
Taxes which have occurred
or
based
on
delinquency
rates in
prior years
may
be
expected
tooccur in theFiscal Year inwhich
thetaxwill becollected
Special
Tax
means
any
tax levied
pursuant
to
theAct on
property
within CFDNo
2003 1
Taxable
P roperty
means
all Assessor s P arcels within the boundaries of
CFDNo
2003 1 whichare
not
exempt
fromthe
Special
Tax
pursuant
tolawor Section
Ebelow
B
CATEGORIZINGP ARCELS
FORANNUALTAXLEVY
Each Fiscal Year theAdministrator shall
identifY
thecurrent
Assessor
s
P arcel numbers
for
all P arcelsofTaxable
P roperty
within
CFDNo2003 1 TheAdministrator shall also
CityofOaklandCFD
No
2003
1
2
determinewhether each P arcel
meets thedefinition ofaBuildable
Lot basedon areview
ofall Final
Maps
recordedin
CFDNo2003 1
C
MAXIMUMSP ECIALTAX
The maximum
Special
Tax for Taxable
P roperty
in CFDNo 2003 1 is
1 25
per
Buildable
Lot
for fiscal
year
2003 04
Beg inning January
I 2004and each
January
1
thereafter theMaximum
Special
Taxshall be
adjusted
byapplying
the
increase if
any
in
the Consumer P rice Index ofthe San
FranciscoOaklandSan Jose area for all
urban
consumersthat hasoccurred since
January
ofthe
prior
year
Eachannual
adjustment
of
theMaximum
Special
Taxshall becomeeffectiveonthe
subsequent
July
I
D METHODOF LEVYANDCOLLECTION
OF SP ECIAL
TAX
Each Fiscal Year the
Special
Taxshall belevied
P roportionately
on each Buildable
Lot
up
to1 00 oftheMaximum
Special
Taxdetermined
pursuant
toSectionC above
The
Special
Taxfor CFD
No2003 1 shall becollected
at thesametimeand inthesame
manner as
ordinary
ad
valorem
property
taxes
provided
however that the
City
may
under the
authority
of Government
Code Section 53340 collect
Special
Taxes at a
different
time
or
in
a
different
manner
if
necessary
tomeet CFDNo
2003 1 financial
oblig ations
andthe
Special
Taxshall be
equally
subject
toforeclosureif
delinquent
E
LIMITATIONS
Notwithstanding any
other
provision
of this Rate and Method of
Apportionment
of
Special
Tax
no
Special
Taxshall beleviedon
landthat has been
conveyed
to
a
P ublic
Ag ency except
as
otherwise
provided
in Sections
5331 7 3 and5331 7 5oftheAct
F INTERP RETATION
OF SP ECIAL
TAXFORMULA
The
City
reserves the
rig ht
to
make minor
administrative
and technical
chang es
tothis
document that do
not
materially
affect the
rateandmethodof
apportioning
Special
Taxes
Inaddition the
interpretation
and
application
of
any
section ofthisdocument shall
beleft
to
the
City
s discretion
Interpretations
may
be made
by
the
City by
ordinance or
resolutionfor
purposes
of
clarifying anyvag ueness
or
ambig uity
in thisRateandMethon
of
Apportionment
5 3
ORACOUNCIl
JUL
1 5
lI lJJ
Cityof
OaklandCFD
No2003
1
3