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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2013 -102 RESOLUTION FORMING THE DOWNTOWN SAN LEANDRO COMMUNITY BENEFIT DISTRICT WHEREAS, "fitle 2, Chapter 2 -20 of the San Leandro Municipal Code authorized the City to establish a Community Benefit District ( "CBD ") in the City based on the Property and Business Improvement Law of 1994 (California Streets and Highway Code sections 36600 et seq) which sets forth the regulations for establishing a property -based benefit assessment district; and WHEREAS, the Downtown San Leandro Community Benefit District Steering Committee requested the City Council establish such a community benefit area in Downtown San Leandro; and WHEREAS, on May 20, 2013 the City Council adopted a Resolution of Intention (Resolution No. 2013 -067) to establish the Downtown CBD as a result of the Steering Committee having received petitions representing over 30% of the weighted assessment within the proposed boundaries of the District and further directed staff to proceed to the balloting process necessary to determine whether the requisite 50% of the weighted ballots of property owners within the proposed CBD support its establishment; and WHEREAS, the City Council conducted a duly noticed (in The Daily Review) public hearing on July 15, 2013 on the formation of the Downtown San Leandro CBD at which it heard testimony and considered any protests against the CBD's formation; and WHEREAS, the City Council received ballots up to the close of the public hearing and thereafter directed the City Clerk to unseal and tally the ballots in the designated location open to the public as required by law; and WHEREAS, the City Council directed the City Clerk to remove two addresses (1132 Carpentier Street and 400 Davis Street) from the proposed District, tally the ballots and report the ballot count for this amended CBD to the City Council; and WHEREAS, the City Clerk completed tallying the ballots and reported to the City Council that the ballot count in the support of the CBD and amended CBD represented more than 50% of the weighted assessment; and WHEREAS, based on the weighted majority support for the establishment of the Downtown CBD, the City Council desires to form the proposed amended CBD. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: