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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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Public Hearings     |     City Council Agendas & Summaries


Public Hearings for July 18, 2000 include:

1.    FEES: PUBLIC HEALTH CLINIC

2.    APPEAL OF LANDMARKS PRESERVATION COMMISSION DECISION THREE BLOCKS BOUNDED BY UNIVERSITY AVENUE,  HEARST AVENUE, I-80 AND 4TH STREET

3.    APPROVING THE ANNUAL ASSESSMENT REPORT FOR THE   ELMWOOD THEATER BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 2000 AND DECLARING INTENT TO LEVY ASSESSMENTS IN THE AREA FOR FISCAL YEAR 2001

4.    APPROVING THE ANNUAL ASSESSMENT REPORT OF THE     PROPERTY OWNERS COUNCIL FOR THE TELEGRAPH PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FY 2001;  DECLARING INTENT TO LEVY SPECIAL ASSESSMENTS IN THE TELEGRAPH PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FY 2001

5.    a.    Establishment of a Community Facilities District No. 1 (Disaster Fire Protection) and Levy of a Special Tax, and 

b.    Incur a Bonded Indebtedness (Mello-Roos)

 

 


 

 

1.    FEES: PUBLIC HEALTH CLINIC

Recommendation:  The City of Berkeley Department of Health and Human Services is proposing to revise its fee structure and fee policy, effective September 1, 2000, for the Public Health Clinic for:

a.                            Family planning and sexually transmitted infection services, including   clinical exams, counseling on pregnancy prevention, sexually   transmitted infections, lab work and medications, if needed

b.                            Immunizations for children and adults

c.                            Tuberculosis skin testing

The proposed fee structure differs from the current fee structure as follows:

 

a.       Family Planning and Sexually Transmitted Infection Services

            Current Fees                             For  Males               For  Females

New Patient – Brief Exam                                 $60                              $90                             

New Patient - Limited Exam                             $60                              $90

New Patient - Intermediate Exam                      $60                              $90                             

New Patient - Comprehensive Exam                $60                              $90                 

Established Patient- Minimal Exam                    $60                              $90                             

Est. Patient- Brief Exam                                    $60                              $90                             

Est. Patient- Limited Exam                                $60                              $90                             

Est. Patient- Intermediate Exam                        $60                              $90                 

Est. Patient- Comprehensive Exam                    $60                              $90     

 

Proposed Fees                              Usual &                  Private Pay

       (Males and Females)                  Customary Fee           Cash Discount           

EXAMS:

New Patient – Brief Exam                                 $  42                            $  32

New Patient - Limited Exam                             $  78                            $  58

New Patient - Intermediate Exam                      $114                            $  86

New Patient - Comprehensive Exam                 $126                            $  95

Established Patient- Minimal Exam                    $  30                            $  23

Est. Patient- Brief Exam                                    $  42                            $  32

Est. Patient- Limited Exam                                $  54                            $  41

Est. Patient- Intermediate Exam                        $  78                            $  59

Est. Patient- Comprehensive Exam                    $  90                            $ 68

PROCEDURES:                               

Colposcopy with biopsy                                   $150                            $113

Colposcopy supplies                                         $  24                            $  18

Colposcopy without biopsy                               $  92                            $  69

Cryo supplies                                                   $  18                            $  14

Cryo surgery                                                    $  66                            $  50

Depo injection                                                  $  36                            $  27

Diaphragm fitting                                              $  42                            $  32

IUD insertion supplies                                       $  24                            $  18

IUD insertion                                                    $  92                            $  69

IUD removal supplies                                       $    6                            $    5

IUD removal                                                    $  76                             $  57

Norplant insertion supplies                                $  24                            $  18

Norplant insertion                                             $  76                            $  57

Norplant removal supplies                                 $  24                            $  18

Norplant removal                                              $  76                            $  57

Norplant removal/insertion                                $162                            $122

LAB TEST AND MEDICATIONS :

For all laboratory tests and medications, clients will be charged actual cost of lab tests and medications plus a $9.00 handling fee.  No cash discount will be given for lab tests and medications.

  1. Immunization Services for Children and Adults 

                Poverty Level                                Current Fees              Proposed Fees

                 Below 101%                                   $12                                       $15

                 101%-125%                                   $18                                       $22

                 126%-150%                                   $24                                       $30

                 151%-200%                                   $30                                       $37

                 201%-250%                                   $36                                       $45

                 Over 250%                                     $40                                        $50

  1. Tuberculosis Skin Test

              Poverty Level                                Current Fees           Proposed Fees

                 Below 101%                                   $  6                              $  7

                 101%-125%                                   $  9                              $11

                 126%-150%                                   $12                              $15

                 151%-200%                                   $15                              $19

                 201%-250%                                   $18                              $22

                   Over 250%                                   $21                              $26

For further information, contact Fern Kaukonen at (510) 644-6022.   


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2.  APPEAL OF LANDMARKS PRESERVATION COMMISSION DECISION THREE BLOCKS BOUNDED BY UNIVERSITY AVENUE,  HEARST AVENUE, I-80 AND 4TH STREET

Richard and Charlene deVecchi and the 620 Hearst Group, LLC have appealed the decision of the Landmarks Preservation Commission to designate The West Berkeley Shellmound as a landmark which includes:  three blocks bounded by University Avenue, Hearst Avenue, I-880 and 4th Street, including: 620 Hearst Avenue, 1912 2nd Street, 1930 2nd Street, 1920 2nd Street, 642 Hearst St., 701 University Avenue, 1900 4th Street and the northbound off-ramp (eastern side) of I-880, the public right-of-ways of 2nd Street, 3rd Street and 4th Street between Hearst and University Avenue, the railroad track bed on 3rd Street tracks identified as parcel 057-2104-00300 (this is not a public right-of-way and has no street address). 

For further information contact Margaret Kavanaugh-Lynn (510) 705-8113


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3.  APPROVING THE ANNUAL ASSESSMENT REPORT FOR THE   ELMWOOD THEATER BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 2000 AND DECLARING INTENT TO LEVY ASSESSMENTS IN THE AREA FOR FISCAL YEAR 2001

WHEREAS, on July 20, 1993 the City Council adopted its Resolution No. 57,086-N.S., Resolution Overruling Protests, Establishing Elmwood Theater Business Improvement Area, and Levying Assessments for Fiscal Year 1993-94; and

WHEREAS, on the same date the City Council adopted its Resolution No. 57,086A-N.S., Authorizing Execution of a Loan Agreement with the Elmwood Theater Foundation, to be Repaid Through a Levy of Special Assessments in the Elmwood Theater Business Improvement Area; and

WHEREAS, the City Clerk has received an Annual Assessment Report from the Advisory Board for the Elmwood Theater Business Improvement Area for the seventh year of the assessments, Fiscal Year 2000; and

WHEREAS, said Annual Assessment Report on file with the City Clerk discusses the successful operation of the Elmwood Theater  as a motion picture theater and community meeting hall during fiscal year 2000  (the "activity" financed in the Area); and

WHEREAS, the Annual Assessment Report and materials attached to it on file with the City Clerk contain a detailed description of the boundaries of the Elmwood Theater Business Improvement Area as well as the Core Benefit Zone and the Broad Benefit Zone established within it (including a map entitled "Boundaries of Elmwood Theater Business Improvement Area"); and

WHEREAS, said Annual Assessment Report and Exhibits on file with the City Clerk also contain information on the method and basis for levying the assessment.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley as follows:

The Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2000 is hereby approved.

The City Council declares its intent to levy real property assessments for fiscal year 2001 upon the same properties and at the same rates as it did for fiscal years 1994 through 2000.   The City Council declares its further intent to levy business license assessments on businesses in the Core Area according to the same method of calculation as it did for fiscal years 1994 through 2000 with the changes or potential changes specified in the appropriate section of the Annual Assessment Report.

The activity financed in the Area is the purchase of the Elmwood Theater and its preservation as an operating motion picture theater and community meeting hall through a loan by the City of Berkeley to the Elmwood Theater Foundation, a nonprofit corporation, in the amount of $215,000 as authorized by Resolution No. 57,086 -N.S. of July 20, 1993.  The amount of this loan, together with interest at the rate of six percent (6%) per annum on the unpaid balance thereof, is being recovered over a term of twenty (20) years through the annual levy of special assessments on business licenses of businesses operated within the Area and on real property within the Area classified as Commercial (3x Series) or Improved Commercial (8x or 9x Series) under the two-digit use code system of the Alameda County Assessor's Office.        

The Elmwood Theater Business Improvement Area is located in Berkeley, California, within 1,600 feet of the Elmwood Theater at 2966 College Avenue, excepting property with addresses on Telegraph Avenue and Claremont Avenue.  The Annual Assessment Report and materials attached to it on file with the City Clerk contain a detailed description of the boundaries of the Elmwood Theater Business Improvement Area as well as the Core Benefit Zone and the Broad Benefit Zone established within it (including a map entitled "Boundaries of the Elmwood Theater Business Improvement Area"), and information on the method and basis for levying the assessments within these Zones.

Written protests of this assessment shall be filed with the City Clerk at or before the time fixed for the public hearing.  Each written protest shall contain a description of the business or property in which the person subscribing the protest is interested sufficient to identify the business or property.  Protest may also be made orally at the public hearing.  

For further information contact Sherry Kelly, City Clerk (510) 644-6480.


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4.  APPROVING THE ANNUAL ASSESSMENT REPORT OF THE     PROPERTY OWNERS COUNCIL FOR THE TELEGRAPH PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FY 2001;  DECLARING INTENT TO LEVY SPECIAL ASSESSMENTS IN THE TELEGRAPH PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FY 2001

WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets and Highways Code Section 36600 et. Sq.) authorizes cities to fund property related improvements, maintenance and activities through the levy of assessments upon the real property that benefits from those assessments; and

WHEREAS, in 1998 property owners in the Telegraph Commercial District presented petitions asking the City of Berkeley to initiate special assessment proceedings to establish a Property and Business Improvement District in accordance with the Property and Business Improvement District Law of 1994 for the purpose of undertaking and implementing the Management and Service Plan attached to the petition; and

WHEREAS, on May 19, 1998, the City Council approved Resolution No. 59,492-N.S., Declaring its Intention to Establish the Telegraph Property and Business Improvement District (the “District”) and Resolution No. 59,493-N.S. establishing the Property Owners’ Council for the District; and

WHEREAS, City Clerk gave notice by mail to, and sent an assessment ballot to, the record owner of each identified parcel proposed to be assessed in the Telegraph Property and Business Improvement District; and

WHEREAS, on July 7, 1998, following a Public Hearing before the City Council on the establishment of the District, the City Clerk tabulated the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessment, and found that a majority protest did not exist against establishment of the Telegraph Property and Business Improvement District and the special assessments that will be imposed to financed the services and activities provided by the District; and

WHEREAS, all protests received were overruled by the City Council; and

WHEREAS, by Resolution No. 59,599-N.S. the City Council then established the Telegraph Property and Business Improvement District and levied special assessments in the district for FY 1999; and

WHEREAS, the City Council has now received a report from the Property Owners’ Council for the Telegraph Property and Business Improvement District for FY 2001 which describes the successful operations of the District in FY 2000 and makes recommendations for the operations of the district in  FY 2001. 

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berkeley as follows:

Section 1.            Pursuant to provisions of Section 36600 et seq of the California Streets and Highways Code,  the City Council approves the Annual Report of the Property Owners’ Council for the Telegraph Property and Business Improvement District for FY 2001 and declares its intent to levy special assessments on property within the boundaries of the district for FY 2001. The levy is proposed to be maintained at the same rate as  was levied in FY 2000.

 Section 2.            The boundaries of the District and the method and basis for the assessment remain the same as those set forth and approved in the Telegraph Property and Business Improvement District Management and Service Plan, which was made part of Resolution No. 59,599-N.S., establishing the District.

Section 3.            The improvements and activities to be provided are those described in the Report.

Section 4.            The cost of providing the improvements and activities is as described in the Report.  

Section 5.            The revenues carried over from FY 2000 are those described in the Report.

Section 6            The contributions made from sources other than assessments levied in the District are those described in the Report.

Section 7.           The Report and supporting material, including the Telegraph Property and Business Improvement District Management and Service Plan and the Telegraph Property and Business Improvement District Engineer’s Report, are on file with the City Clerk.  

Written protests of this assessment shall be filed with the City Clerk at or before the time fixed for the public hearing.  Each written protest shall contain a description of the business or property in which the person subscribing the protest is interested sufficient to identify the business or property.  Protest may also be made orally at the public hearing.  

For further information contact Sherry Kelly, City Clerk (510) 644-6480.


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5.  a. Establishment of a Community Facilities District No. 1 (Disaster Fire Protection) and Levy of a Special Tax, and b. Incur a Bonded Indebtedness (Mello-Roos)

a.  Establish a Community Facilities District No. 1 (Disaster Fire Protection) and Levy of a Special Tax:  

WHEREAS, pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), proceedings for the establishment of a community facilities district may be instituted by the adoption by the legislative body of a resolution of intention to establish the community facilities district; and

WHEREAS, this Council, as the legislative body of the City of Berkeley (the “City”), determines that it is in the best interests of the City that this Council institute proceedings for the establishment of a community facilities district pursuant to the Act in order to finance certain public facilities having a useful life of five years or longer (the “Facilities”), more particularly described in EXHIBIT B, including expenses incidental thereto; and

WHEREAS, in the event the community facilities district is established, it is the intention of this Council to finance a portion of the costs of the Facilities through the authorization, issuance and sale of bonds to be approved at an election to be held within the boundaries of the community facilities district, and to finance the remaining cost of such Facilities and pay debt service on such bonds through the levy of a special tax therein to be approved at such election; and

WHEREAS, there has been submitted to, and this Council has considered local goals and policies concerning the use of the Act.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley as follows:

1.         The above recitals are true and correct.

2.         The document entitled “City of Berkeley Policies and Procedures for the Use of the Mello-Roos Community Facilities Act of 1982”, dated June 13, 2000, on file with the City Clerk, are hereby adopted pursuant to Section 53312.7 of the Act as the local goals and policies concerning the use of the Act by this City.

3.         A community facilities district is proposed to be established under the terms of the Act.  The name proposed for the community facilities district is “Community Facilities District No. 1 (Disaster Fire Protection),” and is referred to in this Resolution as the “District.”

4.         The boundaries of the District are proposed to be contiguous with the boundaries of the City and are shown on a map, entitled “Proposed Boundaries of Community Facilities District No. 1 (Disaster Fire Protection) of the City of Berkeley, County of Alameda, State of California,” on file in the office of the City Clerk.  Pursuant to Sections 3110 and 3111 of the California Streets and Highways Code, the City Clerk shall certify on the original and one copy of the map evidencing the date and adoption of this Resolution, file the original in the City Clerk’s office and, within 15 days after the adoption of this Resolution and not later than 15 days prior to the date of the public hearing referred to in Section 8, file a copy of the map with the County Recorder of the County of Alameda.

The Council finds that any land proposed to be included in the District that is devoted primarily to agricultural, timber, or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land which is included within the described exterior boundaries of the District and will be benefited by the Facilities proposed to be provided within the District.

5.         The Facilities proposed to be provided by the District are public facilities authorized to be acquired or constructed under the Act that have a useful life of five (5) years or longer.  The proposed Facilities are governmental facilities which the Council is authorized by law to contribute revenue to, or construct, own or operate; or which a local public agency is authorized by law to provide.

The Facilities are proposed to include any and all incidental expenses related thereto, as authorized by the Act.

6.         The Council determines that the public interest will not be served by allowing property owners to enter into a contract in accordance with Section 53329.5(a) of the Act.

7.         (a)  It is the intention of the Council that, except where funds are otherwise available to pay for the Facilities, and/or the principal and interest as it becomes due on the bonds of the District issued to finance the Facilities, and incidental expenses related thereto, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all nonexempt real property in the District, will be levied annually within the boundaries of the District.  The rate, method of apportionment and manner of collection of such proposed special tax is set forth in EXHIBIT A.  EXHIBIT A provides sufficient detail to allow each landowner or resident within the District to estimate the maximum amount that such person will have to pay for the Facilities.

(b)  In the case of the special tax to pay for the Facilities that is to be levied against any parcel of land used for private residential purposes (as defined and provided in the Act), (1) such maximum special tax shall be specified as a dollar amount which will be calculated and thereby established not later than the date of which any such parcel of land is first subject to the special tax because of its use for private residential purposes, and which amount will not be increased over time by an amount exceeding two percent (2%) per year, (2) after Fiscal Year 2020-21 the special tax will no longer be levied or collected against any such parcel of land, and (3) under no circumstances will the special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels of land within the District by more than ten percent (10%).  The special tax may, however establish different tax rates for different categories of residential property, and may provide for a change in the dollar amount of the special tax for the parcel of the size if the residence is increased or if the size or use of the parcel is changed.

(c)  The landowner may prepay the amount needed to discharge the special tax lien pursuant to the procedures set forth in EXHIBIT A.

If the special tax is prepaid and permanently satisfied as to a particular parcel of land, this Council shall prepare and record in the office of the County Recorder of the County of Alameda, who shall accept for recordation, a Notice of Cancellation of Special Tax Lien as to that parcel.  The Notice of Cancellation of Special Tax Lien shall identify with particularity the special tax which has been prepaid and permanently satisfied, shall state the book and page number in the records of the County Recorder where the Notice of Special Tax Lien being cancelled is recorded, shall contain the legal description and assessor’s parcel number of the particular parcel of land subject to the lien, and shall contain the name of the owner of record of the parcel.  The County Recorder shall mail the original Notice of Cancellation of Special Tax Lien to the owner of the property after recording the document.  This Council may specify a charge for the preparation and recordation of the Notice.

8.         A public hearing on the establishment of the District and the proposed rate, method of apportionment, and manner of collection of the special tax shall be held at 7:00 p.m., or as soon thereafter as practicable, on Tuesday, July 18, 2000, at the regular meeting place of the City Council, City Council Chambers, 2134 Martin Luther King Jr. Way, Berkeley, California 94704, such time being not less than 30 or more than 60 days following the adoption of this resolution.

9.         The Deputy City Manager, as the officer of the City who will be responsible for providing the proposed Facilities to be financed by the District, if it is established, is directed to study the proposed District, and, at or before the time of the hearing, cause to be prepared and filed with the Council a report containing (a) a brief description of the Facilities by type which will, in such officer’s opinion, be required to adequately meet the needs of the District, and (b) his estimate of:  (i) the cost of providing the Facilities; (ii) the fair and reasonable cost of any of the Facilities to be purchased; and (iii) the fair and reasonable cost of incidental expenses to be incurred in connection therewith, including the costs of the proposed bond financing and other related costs as provided in Section 53345.3 of the Act.  The report shall be made a part of the record of the hearing to be held pursuant to Section 8 hereof.

10.       At the time and place set forth in this Resolution for the hearing, any interested persons, including taxpayers, property owners and registered voters residing within the boundaries of the proposed District, may appear and be heard, and the testimony of all interested persons for or against the establishment of the District, the extent of the District, the furnishing of the Facilities, or the proposed rate, method of apportionment and manner of collection of the special tax will be heard and considered.  Any protest may be made orally or in writing.  However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made.  All written protests shall be filed with the City Clerk on or before the time fixed for the public hearing.  Written protests may be withdrawn in writing at any time before the conclusion of the hearing.

11.       The City Clerk is directed to publish a notice (the “Notice”) of the hearing described in Section 8, in the form required by the Act, not later than seven (7) days prior thereto, in a newspaper of general circulation published in the area of the District, being The Daily Californian, and otherwise in accordance with Section 6061 of the California Government Code.

12.       (a)  If fifty percent (50%) or more of the registered voters residing within the territory proposed to be included in the District, or the owners of one‑half (1/2) or more of the area of the land in the territory proposed to be included in the District and not exempt from the special tax, file written protests against the establishment of the District, and the protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to create the District or to levy the specified special tax shall be taken for a period of one year from the date of the decision of the Council.

(b)  If the majority protests of the registered voters or the landowner are only against the furnishing of a specified type or types of the Facilities within the District, or against levying a specified special tax, those types of Facilities or the specified special tax shall be eliminated from the District proceedings.

(c)  At the conclusion of the hearing, if the Council determines to establish the District, it shall adopt a resolution of formation and then submit the levy of any special taxes to the qualified electors of the District in a special election.

13.       (a)  If, after the hearing described in Section 8, the Council adopts a resolution of formation establishing the District and submits the levy of the special tax to the qualified electors of the District in a special election, such election shall be held at least ninety (90) days, but not more than one hundred eighty (180) days following the adoption of the resolution of formation.  The City Clerk shall, within three business days after the adoption of the resolution of formation, provide a copy of the resolution of formation, a certified map of sufficient scale and clarity to show the boundaries of the District, and a sufficient description to allow the election official to determine the boundaries of the District, to the official conducting the election.  Assessor’s parcel numbers for the land within the District shall be included if it is a landowner election or the District does not conform to an existing district’s boundaries and if requested by the official conducting the election, being the Registrar of Voters of the County of Alameda.

(b)  The vote shall be by the registered voters of the proposed District, with each voter having one vote.

(c)  Since the election is proposed to be held less than one hundred twenty‑five (125) days after the adoption of the resolution of formation, the concurrence of the election official conducting the election shall be required. 

(d)  The special election on (i) the proposition of the District incurring a bonded indebtedness in an amount not to exceed $9,750,000, (ii) the proposition with respect to the levy of a special tax on the land within the District, and (iii) the proposition with respect to the establishment of an appropriations limit for the District in the amount of $1,000,000 per fiscal year, if the District is established and such election is held, shall be consolidated.  Such special election shall be held concurrently with the General Election to be held on Tuesday, November 7, 2000.

(e)  The vote shall be by the registered voters of the proposed District, with each voter having one vote.

(f)  Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, will govern the election.  There shall be prepared and included in the ballot material provided to each voter an impartial analysis and arguments and rebuttals, if any, as provided in the California Elections Code.  The election shall be conducted by a vote at the General Election, to be voted upon by all qualified electors of the District, and this Council hereby requests that the Board of Supervisors of Alameda County include the ballots and sample ballots to be prepared as provided above.  The City Clerk is hereby directed to perform all other necessary services in connection with the election.  The City Clerk shall also obtain printing, supplies and services as required in connection with the election as may be required.

(g)  The procedures set forth in this Section 13 for conducting the consolidated special election may be modified as the Council may determine to be necessary or desirable by a resolution subsequently adopted by the Council.

14.       This Council may, by ordinance, authorize contributions by the City from any sources of revenue not otherwise prohibited by law, of any specified amount, portion or percentage of such revenue for the purpose of acquiring or constructing the Facilities, the acquisition of interests in real property, or the payment of debt service with respect to the financing of either, and the payment of expenses incidental thereto.

This Resolution shall take effect from and after its adoption.

EXHIBIT A

RATE, METHOD OF APPORTIONMENT AND MANNER
OF COLLECTION OF SPECIAL TAX

BASIS OF SPECIAL TAX LEVY 

The annual special tax shall be levied on each separate parcel within Community Facilities District No. 1 (Disaster Fire Protection), City of Berkeley, Alameda County, California (“CFD No. 1”) as shown on the Alameda County Assessor’s records, subject to the rates specified below as established by the City of Berkeley (“City”).

 DETERMINATION OF PARCELS SUBJECT TO SPECIAL TAX

All special taxes shall be based on parcels included in the County Assessor’s Secured Property Tax Roll as of March 1 of each year.

Using said Roll, the City shall annually determine the parcels subject to the special tax and the amount of the tax.  All parcels lying within the City limits of the City shall be subject to the special tax, except as follows:

a.  Federal or State owned parcels, and parcels owned by local agencies;

b.  Parcels owned by very low income persons, as defined below.

The City shall make all reasonable efforts to correctly identify the parcels subject to the special tax.  However, it shall be the responsibility of each individual parcel owner to bring to the City’s attention any errors in such identification of which he/she becomes aware.

ANNUAL COSTS

Annual costs for any fiscal year shall be the total of the following:

a.  Debt service to be paid from special taxes collected during such fiscal year (less earnings on the bond reserve fund and special tax fund that are transferred to the bond redemption fund under the documents pursuant to which the CFD No. 1 bonds were issued;

b.  Administrative expenses for such fiscal year;

c.  Any amounts needed to replenish the reserve fund for CFD No. 1 bonds to the level required under the documents pursuant to which the bonds were issued;

d.  Payment for facilities authorized to be financed by the CFD No. 1 special tax.

MAXIMUM ANNUAL SPECIAL TAX RATE

In any fiscal year the maximum annual special tax rate shall be $0.0125 per square foot of building area, as defined below.

CALCULATION OF ANNUAL SPECIAL TAX

The special tax shall be levied for each fiscal year in an amount sufficient to pay annual costs, as defined above.  The following formula shall be used to determine the special tax for each taxable parcel:

a.  Determine the annual costs for the fiscal year;

b.  Determine the total square footage of building area for all taxable parcels in CFD No. 1; and

c.  Divide the costs determined in a. above by the total square footage of building area determined in b. above.  The rate so calculated, or the maximum rate specified above, whichever is smaller, shall be multiplied by the square footage of building area calculated for each taxable parcel to obtain the special tax for each such taxable parcel for the fiscal year; provided, however, that the special tax levied on any parcel shall not be increased by more than 10 percent as a consequence of delinquency or default in the payment of the special tax by the owner of any other parcel.

TERM OF SPECIAL TAX

The special tax shall be levied and collected in CFD No. 1 for fiscal years 2001-02 through 2020-21 (twenty years).

PREPAYMENT

A parcel owner may prepay the special tax on his/her parcel by satisfying the following formula:

Amount of Prepayment = Maximum Special Tax Rate X Building Area X Remaining Years 

(Where Remaining Years = Fiscal Year 2020/21 less the most recent fiscal year for which  the special tax has been paid)

MANNER OF COLLECTION

The special tax will be collected in the same manner and at the same time as ad valorem property taxes.

EXEMPTION FOR VERY LOW INCOME PERSONS

The special tax shall not apply to any property owned by any person or persons whose combined total personal income, from all sources, for the previous calendar year, does not exceed that level which shall constitute “very low income,” as may be established by resolution of the City Council.  Any property owner claiming the exemption shall be required to demonstrate his/her entitlement thereto annually by submitting an application and supporting documentation to the City Manager or his/her designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager, subject to review by the City Council in its discretion.  Such applications shall be on forms provided by the City Manager or his/her designee, and shall provide and/or be accompanied by such information as the City Manager shall require including, but not limited to, federal income tax returns and W-2 forms.

BUILDING AREA DEFINED

a.  Building means any structure having a roof supported by columns or by walls and designated for the shelter or housing of any person, chattel or property of any kind.  The word “building” includes the word “structure.”

b.  Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

c.  Area means the total gross horizontal areas of all floors, including usable basements and cellars, below the roof and within the outer surface of the main walls of buildings (or the center lines of party walls separating such buildings or portions thereof) or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls (which includes, notwithstanding subsection 3 of this definition, the area of all porches), and including pedestrian access walkways or corridors, but excluding the following:

1.  Areas used for off-street parking spaces or loading berths, and driveways and maneuvering aisles relating thereto;

2.  Areas which are outdoor or semi-outdoor areas included as part of the building to provide a pleasant and healthful environment for the occupants thereof and the neighborhood in which the building is located.  This exempted area is limited to stoops, balconies and to natural ground areas, terraces, pools and patios which are landscaped and developed for active or passive recreational use, and which are accessible for us by occupants of the building; and

3.  Arcades, porticoes and similar open areas which are located at or near street level, are accessible to the general public, and are not designed or used as sales, display, storage, service or production areas. 

EXHIBIT B

DESCRIPTION OF FACILITIES

A mobile disaster fire protection system for the delivery of auxiliary fire fighting water, including transportable pumping units, ultra large diameter hose, transport and support vehicles, portable hydrants, accessory fittings, hose bridges, and a storage site or sites, together with incidental expenses related thereto.


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5b.  Incur a Bonded Indebtedness (Mello-Roos)

WHEREAS, this Council (the "Council") has adopted its Resolution No. 60,614-N.S. (the “Resolution of Intention to Establish the District”) stating its intention to establish Community Facilities District No. 1 (the “District”) pursuant to Chapter 2.5 of Part 1 of Title 5 (commencing with Section 53311) of the California Government Code, commonly known as the “Mello‑Roos Community Facilities Act of 1982” (the “Act”), for the purpose of financing certain public facilities (the “Facilities”) described in the Resolution of Intention to Establish the District, and the incidental expenses thereof; and

WHEREAS, the Council estimates the approximate amount required for such Facilities, including the incidental expenses thereof, is $9,750,000; and

WHEREAS, in order to finance a portion of the cost of the Facilities and the incidental expenses, it is necessary to incur bonded indebtedness in an amount not to exceed $9,750,000, the  repayment of which is to be secured by a special tax levied in accordance with Section 53328 of the Act and the rate, method of apportionment and manner of collection described in the Resolution of Intention to Establish the District; and

WHEREAS,  this City has received authorization from the qualified voters of the City, at an election held on November 3, 1992 (the “Election of 1992”), to issue $55,000,000 of general obligation bonds for the purposes set forth in the ballot proposition; there is currently remaining $22,500,000 of authorized but unissued bonds under this authorization.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley as follows:

1.  The above recitals are true and correct.

2.  It is necessary to incur bonded indebtedness within the boundaries of the proposed District for the purpose of financing a portion of the cost of the Facilities described in the Resolution of Intention to Establish the District, and the incidental expenses thereof.

3.  The bonded indebtedness is proposed to be incurred for the purpose of financing a portion of the cost of the Facilities, including acquisition and construction costs, and all costs incidental to, or connected with the accomplishment of such purposes and the financing thereof, as permitted by Section 53345.3 of the Act.

4.  The whole of the proposed District shall pay for the bonded indebtedness according to the rate and method of apportionment of the special tax as provided in the Resolution of Intention to Establish the District.

5.  The bonded indebtedness shall be in an aggregate principal amount not to exceed $9,750,000 at an interest rate or rates not to exceed the maximum rate permitted by law at the time the bonds are issued.  The term of the bonds will be determined pursuant to a resolution of this Council issuing the bonds, but such term will in no event exceed twenty (20) years from their dated date.

If the qualified elections of the District authorize the issuance of the bonds herein contemplated, then this Council intends to covenant, in the resolution issuing the bonds, that it will not issue any additional bonds under the Election of 1992 authorization.

6.  A public hearing on the proposed bonded indebtedness will be held at 7:00 p.m., or as soon thereafter as practicable, on Tuesday, July 18, 2000, at the regular meeting place of the City Council, City Council Chambers, 2134 Martin Luther King Jr. Way, Berkeley, California 94704.

7.  At the time and place set forth above for the hearing any person interested, including all persons owning property in the area, may appear and be heard on the proposed debt issue.

8.  The City Clerk is directed to publish a notice of the hearing, in the form required by the Act, one time, pursuant to Section 6061 of the Government Code, in a newspaper of general circulation published in the area of the proposed District, being The Daily Californian.  Such publication shall be completed at least seven (7) days prior to the date set for the hearing.

This Resolution shall take effect from and after its adoption.


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