Title
2 ) Adopt a Resolution calling special mailed-ballot election;
Body
OAKLAND CITY COUNCIL ED
OFFICE OF THE CI P Y CL
RESOLUTION NO. C.M Y. L A N D
2003 JUN 26 PM 2: 26
RESOLMON CALLING SPECIAL MAELED-BALLOT ELEC'HON
Community Facilities District No. 2003-1
(Werner Court Vegetation Management)
WHEREAS, on July 15, 2003, at the time set for the public hearing by the Resolution of
Intention, adopted by the City Council (the "Council") this same date, the Council conducted the
public hearing, 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 proposed Community Facilities District No. 2003-1 (Werner Court
Vegetation Management) ("CFD No. 2003-1"), to which resolution reference is hereby made for
the description of the authorized maintenance services and administrative expenses and the
authorized special tax approved by these proceedings; 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 must be submitted to
an election of the qualifled electors of CFD No. 2003- 1; and
WHEREAS, the Council wishes to provide that the three ballot questions just described
be combined into a single ballot measure pursuant to Section 53353.5 of the Government Code,
as provided in the form of special election ballot attached hereto as Exhibit A and by this
reference incorporated herein; and I q
ORAICOUNri, GE & WIN GMTE
@ , FINAN
JUL I 5 2003 'JUL
WHEREAS, a Certificate re Land Ownership has been filed with the City Clerk (the
"Clerk"), certifying that at no time relevant to these proceedings were there ever twelve or more
persons registered to vote within the territory of CFD No. 2003-1, with the result that pursuant to
Section 53326 of the Government Code, the qualified electors of CFD No. 2003-1 for the
proposed special election shall be the landowners of CFD No. 2003-1;
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Oakland as
follows:
1. The Council finds and determines that the foregoing recitals are true and correct.
2. The Council accepts the Certificate re Land Ownership heretofore filed in these
proceedings and finds, in accordance therewith, that there presently are, and at all times relevant
to these proceedings there have been fewer than twelve registered voters residing within the
boundaries of CFD No. 2003-1. Accordingly, under Section 53326 of the Government Code, the
qualified electors of CFD No. 2003-1 for the proposed special election shall be the landowners of
CFD No. 2003-1.
3. The Council ftuther finds and determines that the sole landowner of record
owning private property within CFD No. 2003-1 is Werner Development, LLC ("Werner
Development"), the entity set forth in the Certificate re Land Ownership (the "Ownership
Certificate'@ and that, as set forth on the special election ballot attached hereto as Exhibit all
of the votes which may be cast in said special election are to be cast by Werner Development.
4. The Council fluther finds and determines that the authorized representative of
Werrier Development has filed with the Clerk (a) the special election ballot pertaining to Werner
Development's property and (b) a waiver and consent, by which, among other things, the time
limits and related requirements respecting preparation and distribution of election materials are
waived.
5. Pursuant to Sections 53326 and 53351 of the Government Code, the Council
hereby calls an election, to be held and conducted forthwith upon adoption of this resolution, and
sets this same date as the election date. Pursuant to Section 53326 of the Government Code, the
election shall be conducted by mailed ballot; provided that personal service of the ballot is
permitted under the terms of the waiver and consent on file with the Clerk and shall therefore be
permitted. The prior receipt of the election ballot by Werner Development is hereby ratified as a
form of personal service.
6. The combined measure to be submitted to the qualified electors of CFD No. 2003-
1 shall be as set forth in Exhibit A.
7. The Clerk having certified to the receipt of the signed and marked ballot of
Werner Development prior to adoption of this resolution, the Council hereby closes the election.
8. 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 - /q I
ABSENT- 09AJ60LJNr,?I FINMCE & M CMTE.
ABSTENTION - 'JUL 1 5 2003 2003
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California
(Form of Special Election Ballot)
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of the authorized representative of the following owner
of land within Community Facilities District No. 2003-1, City of Oakland, County of Alameda,
State of California ("CFD No. 2003-1"):
Name of Landowner Number of Acres Owned Total Votes
Werner Development, LLC All All
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and
resolutions of the City Council (the "Council") of the City of Oakland (the "City"), the above-
named landowner, as the sole owner of the privately-owned real property in CFD No. 2003-1, is
entitled to cast all of the votes for CFD No. 2003 - 1.
In order to be counted, this ballot must be executed and certified below and be
returned to the City Clerk, either by mail or in person, prior to 7:00 p.m. on July 15, 2003 (the
"Election Date"), or as soon thereafter as the matter of the special election for CFD No. 2003-1
shall be considered by the Council at its meeting on said date, to:
City Clerk
City of Oakland
I Frank Ogawa Plaza
Oakland, CA 94612
Mailing on the Election Date will not be sufficient. The ballot must be physically
received by the City Clerk prior to the deadline in order to be counted.
FINANCE & EMENTUTE.
2003
AN "X" OR OTBER MARK WILL CAST ALL VOTES ASSIGNED TO TIES BALLOT.
BALLOT MEASURE
NLA.RK "YES" OR"NO"
Shall the City Council of the City of Oakland be '9= AN
authorized to levy a special tax on the taxable property YES
within its Community Facilities District No. 2003-1
C'CFD No. 2003-1") and utilize the proceeds thereof to
finance certain authorized maintenance services and
administrative expenses of CFD No. 2003-1, all as NO
specified in its resolutions pertaining thereto, adopted
on the Election Date; and shall the appropriations limit
for CFD 2003-1 for fiscal year 2003-2004 be
established at S 1 0,000 in accordance therewith?
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner
and is a person legally authorized and entitled to cast this ballot on behalf of the above-named
landowner.
I declare under penalty of pedury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on July 15, 2003.
WERNER DEVELOPMEENT, LLC,
a California limited liability company
By:
Brian Purcell, Manager
i
I&
FINANG ENT GMTE.
i 2003