Reso 2022-160 Calling the Election CFD

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2022-160 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL CALLING SPECIAL MAILED -BALLOT ELECTION WITHIN THE CITY OF SAN LEANDRO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (MONARCH BAY SHORELINE FACILITIES & SERVICES) WHEREAS, on Wednesday, July 18, 2022, the City Council duly adopted Resolution No. 127 (the "Resolution of Intention") declaring its intention to (1) establish a community facilities district under the Mello -Roos Community Facilities Act of 1982, set forth at Government Code sections 53311 through 53368.3 (the "Act"), to be known and designated as the "City of San Leandro Community Facilities District No. 2022-1 (Monarch Bay Shoreline Facilities & Services)" (the "CFD"); and (2) levy a special tax within the CFD to finance the provision of certain public services (the "Services") and the acquisition and construction of certain public facilities, including through the financing of governmentally imposed development impact fees used to finance public facilities (the "Facilities"), all as set out in the Resolution of Intention; and WHEREAS, on Wednesday, July 18, 2022, the City Council also duly adopted Resolution 128 (the "Resolution of Intention to Incur Bonded Indebtedness") declaring its intention to incur bonded indebtedness or other debt (as defined in the Act) for the CFD (collectively, "Debt") to finance the acquisition and construction of the Facilities in a principal amount not to exceed $91 million (the "Authorization"); and WHEREAS, both the Resolution of Intention and the Resolution to Incur Bonded Indebtedness fixed Tuesday, September 6, 2022, at 6:30 p.m., in the City Council Chambers in the San Leandro City Hall, 835 East 14th Street, San Leandro, California 94577, with electronic and telephonic access provided as set forth in the agenda for the meeting, as the date and time for a public hearing on the matters proposed in the Resolution of Intention and Resolution to Incur Bonded Indebtedness, respectively (collectively, the "Public Hearing"); and WHEREAS, at the close of the Public Hearing, the City Council determined that there was no majority protest under the Act; and WHEREAS, at the conclusion of the Public Hearing, and as authorized by sections 53325.1, 53339.7 and 53351 of the Act, respectively, the City Council duly adopted its RESOLUTION OF FORMATION ESTABLISHING THE CITY OF SAN LEANDRO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (MONARCH BAY SHORELINE FACILITIES & SERVICES), AND PROVIDING FOR THE LEVY A SPECIAL TAX IN THE COMMUNITY FACILITIES DISTRICT TO FINANCE THE ACQUISITION AND CONSTRUCTION OF PUBLIC FACILITIES AND THE PROVISION OF PUBLIC SERVICES (the "Resolution of Formation') and its RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS TO FINANCE THE ACQUISITION AND CONSTRUCTION OF PUBLIC FACILITIES FOR THE CITY OF SAN LEANDRO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (MONARCH BAY SHORELINE