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Minutes - San Leandro City Council Meeting - May 21, 1990 Page - 11 - PUBLIC HEARINGS (continued) : Glen Forbes said he felt the City Council should continue the Public Hearing for two weeks. He said he represented Mrs. Galvan, who owns a piece of property adjacent to the railroad. He said she was being assessed two times as much as the Training Center and that this was an inequality. He noted the range of assessment based on square footage. Mr. Forbes again said he felt the whole basis of the Assessment District is the benefit to the property owners and no testimony as to benefit had been provided. Sam Sperry, Bond Counsel , informed the City Council that, based on the protests received, there was not a majority protest. He said there were written protests from property owners of properties proposed to be assessed totalling 957,107 square feet out of a total square footage of 2, 174,744, which equalled 44% of the total . He said that since less than the 50% by area of the properties proposed to be assessed had protested, he recommended the City Council make appropriate findings. He said the City Council was in a position to go forward and a four-fifths vote was required on the Resolution Finding and Determining that the Public Convenience and Necessity Require the Construction of the Improvements. He said that, although the City Council did have enough time to wait two weeks if they wished, he recommended they proceed unless individual Council Members wanted further responses to objections raised or otherwise had questions requiring an answer before voting. He described the difference between square footage and lineal -footage measurements and said the lineal footage is the recommended method by which the Engineer of Work assesses fees and that the law requires the City Council find that the cost had been equitably distributed in proportion to the estimated benefit to be received. He said the square footage measurement must be used to measure majority protests and the majority protests had been less than one-half of the total square footage. On motion of Council Member Santos, seconded by Council Member Polvorosa and carried unanimously, the Public Hearing was closed. The following Resolutions were then introduced: RESOLUTION NO. 90-83 (2656) RESOLUTION APPROVING AMENDED ENGINEERS REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT MARINA BOULEVARD UNDERGROUND ASSESSMENT DISTRICT NO. 99 Introduced by Council Member Polvorosa who moved its adoption, seconded by Council Member Glaze and carried by the following called vote: AYES: Council Members Corbett, Faria, Glaze, Perry, Polvorosa, Santos; Mayor Karp ( 7 ) NOES: None ( 0 ) ABSENT: None ( 0 )