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City of San Leandro <br />Meeting Date: May 20, 2013 <br />Resolution - Council <br />Agenda Section:File Number:13-247 ACTION ITEMS <br />Agenda Number: <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Chris Zapata <br />City Manager <br />FINANCE REVIEW:Not Applicable <br />TITLE:ADOPT: Resolution of the City Council of the City of San Leandro Stating Its <br />Intention to Establish the Downtown San Leandro Community Benefit District <br />and to Levy and Collect Assessments Within Said District Pursuant to City of <br />San Leandro Ordinance No. 2012-014 Pertaining to the Formation of a <br />Community Benefit District, and Appointing a Time and Place for Hearing <br />Objections Thereto (declares the intention to establish a Community Benefit <br />District for 15 years and sets a public hearing for July 15, 2013) <br />WHEREAS, the City of San Leandro’s Community Benefit District Ordinance No . 2012- <br />014 (the ”Ordinance”) authorizes the City to establish a Community Benefit District (“CBD”) for <br />up to 20 years to promote the economic revitalization and physical maintenance of business <br />districts, and mixed use communities in the City; and <br />WHEREAS, the Ordinance authorizes the City to levy and collect assessments on real <br />property within such districts for the purpose of providing improvements and promoting <br />activities that specially benefit real property within such districts; and <br />WHEREAS, the Ordinance authorizes the City to use the procedures set forth in the <br />Property and Business Improvement District Law of 1994 (Streets & Highways Code sections <br />36600 et seq. (the “PBID Law”) as modified by the Ordinance for purposes of forming an <br />assessment district; and <br />WHEREAS, Articles XIIIC and XIIID of the California Constitution and Section 53753 of the <br />California Government Code (Proposition 218 Omnibus Implementation Act ) also impose <br />certain procedural and substantive requirements relating to the notice, protests and hearing <br />requirements pertaining to new or increased assessments; and <br />WHEREAS, written petitions have been submitted by property owners within the area of <br />the proposed CBD in Downtown San Leandro that request the City Council initiate <br />proceedings pursuant to the Ordinance to establish a Downtown San Leandro CBD for a <br />fifteen year period; and <br />Page 1 City of San Leandro Printed on 5/14/2013