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ADOPT: Resolution of the City Council of the City of San Leandro Stating Its Intention to Establish the Downtown San Leandro Community Benefit District and to Levy and Collect Assessments Within Said District Pursuant to City of San Leandro Ordinance No. 2012-014 Pertaining to the Formation of a Community Benefit District, and Appointing a Time and Place for Hearing Objections Thereto (declares the intention to establish a Community Benefit District for 15 years and sets a public hearing for July 15, 2013)
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WHEREAS, the City of San Leandro's Community Benefit District Ordinance No. 2012-014 (the Ordinance) authorizes the City to establish a Community Benefit District (CBD) for up to 20 years to promote the economic revitalization and physical maintenance of business districts, and mixed use communities in the City; and
WHEREAS, the Ordinance authorizes the City to levy and collect assessments on real property within such districts for the purpose of providing improvements and promoting activities that specially benefit real property within such districts; and
WHEREAS, the Ordinance authorizes the City to use the procedures set forth in the Property and Business Improvement District Law of 1994 (Streets & Highways Code sections 36600 et seq. (the PBID Law) as modified by the Ordinance for purposes of forming an assessment district; and
WHEREAS, Articles XIIIC and XIIID of the California Constitution and Section 53753 of the California Government Code (Proposition 218 Omnibus Implementation Act) also impose certain procedural and substantive requirements relating to the notice, protests and hearing requirements pertaining to new or increased assessments; and
WHEREAS, written petitions have been submitted by property owners within the area of the proposed CBD in Downtown San Leandro that request the City Council initiate proceedings pursuant to the Ordinance to establish a Downtown San Leandro CBD for a fifteen year period; and
WHEREAS, such petitions were signed by property owners in the proposed CBD who will pay more than thirty percent (30%) of the assessments proposed to be levied; and
WHEREAS, a Management District Plan entitled the Downtown San Leandro Community Benefit District 2013 Management District Plan (the Management Plan attached hereto as Exhibit 1) for the proposed Downtown San Leandro CBD has been prepared and contains all of the information required by the Ordinance, including, but not limited to, a description of the boundaries of the proposed CBD, the special benefit improvements and activities proposed for the CBD, and the cost of such special benefit improvements and activities. The proposed boundaries of the Downtown San Leandro CBD are also shown in the Management Plan that is attached.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN LEANDRO AS FOLLOWS:
Section 1. Pursuant to San Leandro Ordinance No. 2012-014, the City Council declares its intention to establish the Downtown San Leandro Community Benefit District (Downtown San Leandro CBD) for a period of fifteen (15) years, and to levy and collect assessments against lots and parcels of real property within the Downtown San Leandro CBD commencing in fiscal year 2013-14.
Section 2. The City Council hereby approves the Management Plan for the proposed Downtown San Leandro CBD, which Management Plan is on file in the office of the City Clerk, and is attached hereto as Exhibit 1.
Section 3. The City Clerk shall make the Management Plan and other documents related thereto available to the public for review during normal business hours.
Section 4. The proposed activities as set forth in the Management Plan include marketing, District identity, beautification, security, maintenance, administration/corporate operations and an appropriate contingency/reserve. All proposed services and improvements will provide a special benefit to businesses and real property located in the Downtown San Leandro CBD.
Section 5. The total assessment proposed to be levied and collected within the proposed Downtown San Leandro CBD for fiscal year 2013-14 is $384,680. Section 7 of the Management Plan attached sets forth the proposed Downtown San Leandro CBD annual assessment amount by Assessor's parcel number. The amount to be levied and collected for subsequent years may be increased by an amount not to exceed three percent (3%) per year in accordance with increases in the San Francisco - Oakland - San Jose Consumer Price Index for all urban consumers from February to February.
Section 6. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing to establish the Downtown San Leandro CBD, and to levy and collect assessments for fiscal year 2013-14 on July 15, 2013 at 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 835 East 14th Street, San Leandro, California 94577.
At the public hearing, the City Council will consider all objections or protests, if any, to the proposed establishment of the Downtown San Leandro CBD, and all objections to the proposed assessment.
Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing by either delivery in person or by mail to the City Clerk's office at City Hall, 835 East 14th Street, San Leandro, California 94577, or personally by submitting the protest at or before the public hearing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.
At the conclusion of the public hearing, the City Clerk shall open and tabulate all ballots received and ballots that have not been withdrawn at that time. Results of the ballot procedure will be announced, and provided a weighted majority in opposition to the formation of the Downtown San Leandro CBD does not occur, the City Council may then establish the Downtown San Leandro CBD by adopting a resolution to that effect.
Section 7. The City Clerk is hereby authorized and directed to give notice of the public hearing as provided in Section 53753 of the Government Code and Article XIIID, Section 4 of the California Constitution.