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OAKLAND CITY COUNCIL70000R E S O L U T I O N No *

2 5 A P R 2 8 P H 3 = 2 9RESOLUTION OF INTENTION TOFORMTHE LAUREL PROPERTY BUSINESSIMPROVEMENTDISTRICTOF2005,GRANTINGPRELIMINARY APPROVALOFTHEMANAGEMENT PLAN, DIRECTING FILINGOF THEPROPOSED ASSESSMENTISTRI TBOUNDARY DESCRIPTION, SUBMITTINGAPROPOSED ASSESSMENTTO THE AFFECTED PROPERTY OWNERS FOR MAJORITY PROTEST PROCEDUREAPPROVAL; ANDSCHEDULINGAPUBLIC HEARINGFORJULY19, 2005

WHEREAS,theCity Councilof theCityofOakland enactedtheCity of Oakland Business Improvement Management DistrictOrdinance (Chapter4.48, Ordinance 12190,1999}stablishing theprocedures for the formation of business improvement managementdistricts; and

WHEREAS,theCity Council approvedaNeighborhood BusinessImprovement District ( NBID ) Program pursuant to Oakland CityCouncil Resolution No. 75323, dated November 9,1999, o providetechnicalandfinancial assistancetostakeholder groupsofbusinessandproperty ownersin theCitytoassistin theformationofsuchdistricts; and

WHEREAS, the propertyownersin the Laurel district haveduly petitioned to form the Laurel Property Business ImprovementDistrictof 2005 ( District ) under the City of Oakland BusinessImprovement Management District Ordinance{the BIMD Ordinance )and have proposed the Management Plan for the operation of theDistrict ( Plan )(Exhibit A); and

WHEREAS, the Plan contains a detailed engineer's reportpreparedby aregistered professionalengineerrecognizedby theStateofCalifornia;and

WHEREAS, the Plan was prepared in accordance with theprovisions Article XIII of the California Constitution, and hasbeenfiledwiththeCity Clerkforproceedingsinformationofthis district; and

WHEREAS, thePlan,incorporated by this reference, providesfor newsecurity, cleaningandbeautificationofpublic rightsofway,promotionalandmarketingactivitiesandimprovementsofparticular benefitto theproperties located withintheDistrict(asmore specifically identified in the Plan); and

WHEREAS, the Plan was prepared in accord with the provisionsof theBIMD Ordinance overseeing theformationof theDistrict,asreferenced above, and has been filed with the City Clerk forproceedingsinformationofthis District;

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NOW, THEREFORE, the City Council of the City of Oaklandfinds thattheManagement Planfor theDistrict satisfiesall therequirements of the BIMD Ordinance, the laws of the State ofCalifornia and the California Constitution with regard to theformationofbusiness improvement management districts,and doeshereby resolve andgive noticeas follows:1. A business improvement management district is proposed to beestablished pursuant to theBIMDOrdinance with the boundariesas specified in the Plan on file in the office of the CityClerk,acopyofwhichisattached heretoasExhibitA.2. A copy of the preliminary reportof theCity Clerkis on filein the office of the City Clerk relating to the formationoftheDistrict.3. The Plan for the District is preliminarily approved and theassessments for the firstyearshall be as provided for in thePlan if thedistrictisestablished.4. The name of the District shall be the Laurel PropertyBusiness Improvement District of 2005.5. The reasons for the assessments and the types of theimprovements and activities proposed to be funded and acquiredby thelevyofassessments onproperty in theDistrictand thetimeperiodforwhichtheproposedimprovementsare to bemadeare those specifiedin the Planon file in the office of theCityClerk and attached hereto (Exhibit A).6. Except where funds are otherwise available, an assessment willbelevied annually to pay for all improvements and activities

within the area.7. The boundaries of the District and of each separate benefitzone within the district are delineated in the descriptioncontained in the Plan which is on file in the office of theCity Clerk(ExhibitA)8. The proposed method and basis of levying the assessments to belevied against each property in the District are based on the

gross lot size, gross building square footage, building use,linear frontage ofeach property located withintheDistrict,and upon the benefit zone in which the property is located (asspecified in the Plan -Exhibit A) , and the assessmentsproposed for each property are contained in the appendix tothe Plan and are incorporated herein by this reference(ExhibitA).

9. The assessments for the entire District total 157,607.00 forthe first year of theDistrict, and the amount chargeable toeach parcelare as shown in thePlanon filein theofficeofthe City Clerk and on the appendix to Exhibit A attachedhereto99823.1

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10.The District shall be in existence for aperiod of ten (10)years (asprovided for in the Plan) during which amaximum5%increase peryear in the amount of the assessment on eachproperty shallbeallowableasprovidedfor in thePlan.11.The assessment shallbeattachedto theproperty andcollectedwith the annual county property taxes, and in certain casesthrough a special municipal billing, and shall continueannually as provided for in the Plan for each year that the

District is in existence unless modified by the City Councilon the recommendation of the District Advisory Board.12.The City Clerk isdirected to mail a copy of the Resolutionof Intention to form the District along withtheballotsforthewritten protest procedure to all affected property ownersin the District in compliance with the BIMD Ordinance andArticleXIIIof theCalifornia Constitution and toeach localChamber of Commerce and business organization known to belocated within theDistrict, give all other notices andtakeall other actions required by law, and give notice of thedates of the Public Hearing and Final Action on the Petitionfor Formation of the District to all affected property ownersintheproposed Districtno laterthan forty five (45) daysbefore the scheduled public hearing, and also publish theResolution of Intention in a newspaper of general circulation

inthe City ofOakland once,at leastseven(7)daysbeforethe public hearing. The ballots mailed to the affectedproperty owners shall contain the procedures for thecompletion and return of the ballots.13.A Public Hearing is set for July 19, 2005, (at7:00 P.M.intheCity Council Chambers inCity Hall, locatedat 1FrankH.Ogawa Plaza, Oakland California) to hear all public comments,protests, count the returned ballots as to the formation ofthe District, and take final action as to the formation oftheDistrict.14. At thehearing thetestimonyof allinterested persons for oragainst the establishment of the District, the proposedassessment, theboundaries of theDistrict,or the furnishingof the specified types of improvements or activities willbeheard,15.A protest may be made in writing by any interested personthrough the ballot procedure. The procedures applicable tothe completion and return of the ballots are as specified inthe ballot, a copy of which is attached hereto and

incorporatedhereinbythis reference.Any protest pertainingto the regularity or sufficiency of the proceedings shall bein writing and shall clearly set forth the irregularity ordefect towhichthe objectionismade.16.Every written protest shallbe filed with the City Clerk ator before the time fixed for the public hearing. A writtenprotest may be withdrawn inwriting at any time before theconclusion of the public hearing.99823-1

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17.Each written protest shall contain a description of theproperty in which the person subscribing the protest isinterested sufficient to identify the property and, if aperson subscribing is not shown on theofficial records ofthe City as the owner of the property the protest shallcontainor beaccompaniedbywritten evidence thatthepersonsubscribingis theownerof theproperty.

18.Awritten protest which doesnotcomply withtherequirementsstated above shall not becounted indetermining amajorityprotest.19.After the close of thePublic Hearing theballots will betabulated under the direction of the City Clerk and theresults of the tabulation will be reported to the CityCouncil. Ifwritten protests are received from thepropertyownersin theproposed area which willpay 50percentormoreoftheassessments proposedto beleviedandprotestsare notwithdrawn so as toreduce theprotests toless than that50percent, theassessment willnot beimposed. If themajority

protest isonly againstthefurnishingof aspecified typeortypesofimprovementoractivity withinthearea those typesofimprovementsoractivitiesshallbeeliminated.M A Y 7 2 5INCOUNCIL OAKLAND CALIFORNIA

PASSEDBY THEFOLLOWINGVOTE:AYES- BRUNNER CHANG BROOKS NADEL REID QUAN AND PRESIDENTDE LAFUENTE -NOES- JfrABSENT-ABSTENTION-EXCUSED

ATTEST: LATONDA SIMMONSCityClerkand Clerk of theCouncil

of theCityofOakland California

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