Title
3 ) Adopt a Resolution declaring election results;
Body
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION DECLARING ELECTION RESULTS
Community Facilities District No. 2003-1
(Werner Court Vegetation Management)
WHEREAS, this same date, at the time set for the public hearing in the matter of
Community Facilities District No. 2003-1 (Werner Court Vegetation Management) ("CFD No.
2003-1") by its Resolution.of Intention, the City Council (the "Council") conducted the public
hearing as scheduled, and at the close of the public hearing, the Council determined that a
majority protest under Section 53324 of the Government Code was not made at the hearing; and
WHEREAS, at the conclusion of the public hearing, the Council adopted its Resolution
of Formation pursuant to Section 53325.1 of the Government Code, thereby completing its
proceedings for formation of CFD No. 2003 - 1; and
WHEREAS, in order to proceed with (1) the authorized maintenance services, (2) the
levy of the authorized special tax and (3) establishment of the appropriations limitation for CFD
No. 2003-1, as provided by the Resolution of Formation, the three matters were required to be
submitted to an election of the qualified electors of CFD No. 2003 - 1; and
WHEREAS, by separate resolution adopted by the Council on this same date, the special
maiied-baLlot election has been called for this date;
WHEREAS, by said resolution calling the special mailed-ballot election, the three ballot
questions just described were combined into a single bailot measure pursuant to Section 53353.5
/1@
ORAMOUNCT! FINANCE & MA MTE.
JUL 1 5 2003 rJU
of the Government Code, as provided in the form of special election ballot attached thereto as
Exhibit A; and
WHEREAS, a Certificate of Clerk re Receipt of Property Owner Waiver and Consent
Forms and Ballots and Declaring Election Results (the "Clerk's Certificate"), executed by the
City Clerk (the "Clerk"), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for the sole landowner-voter eligible to cast a ballot in said special,
with all votes cast as "Yes" votes in favor of the ballot measure, and ftirther certifying on said
basis that the ballot measure has passed; and
WHEREAS, the Council has received, reviewed and hereby accepts the Clerk's
Certificate and wishes by this resolution to declare the results of the special mailed-ballot
election;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakland as
follows:
I The Council finds and determines that the foregoing recitals are true and correct.
2. The Council hereby finds and determines and declares that the ballot measure
submitted to the qualified electors of CFD No. 2003-1 has been passed and approved by those
qualified electors in accordance with Sections 53328(a) and 53355 of the Government Code.
3. The Council hereby authorizes and directs the Clerk to cause the preparation and
recordation with the Alameda County Recorder of a notice of special tax lien in accordance with
the provisions of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the
Government Code. Said notice shall be recorded in said County Recorder's office within fifteen
days of today's date.
4. This resolution shall take effect from and after its adoption.
IN COUNCIL, OAKLAND, CALIFORNIA, 20
PASSED BY THE FOLLOWING VOTE:
AYES: - BROOKS, BRUNNER, CHANG, NADEL, QUAN, REID, WAN AND PRESIDENT DE LA FUENTE
NOES -
ABSENT-
FINANCE & MA GMTE.
ABSTENTION - r
003
ATTEST.
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, Califbmia