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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO.2009- (__ ) <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />DECLARING THE CITY COUNCIL'S INTENTION TO ESTABLISH THE WEST SAN <br />LEANDRO SHUTTLE BUSINESS IMPROVEMENT DISTRICT (BID) AND SETTING A <br />PUBLIC HEARING RELATING THERETO FOR MARCH 16, 2009 <br />WHEREAS, The Parking and Business Improvement Area Law of 1989 (California <br />Streets and Highways Code Sections 36500 et seq.) authorizes cities to establish a business <br />improvement area for the purpose of improving the economic activity within the area; and <br />WHEREAS, cities may fund these improvements through assessments on businesses for <br />certain purposes; and <br />WHEREAS, the City Council adopted Ordinance No. 2005-017 on October 3, 2005 re- <br />establishing the West San Leandro Shuttle Business Improvement District (BID), and setting an <br />assessment to be levied on businesses within the BID; and <br />WHEREAS, Ordinance No. 2005-017 included a term for the BID assessment to sunset <br />after four years and expire on June 30, 2009; and <br />WHEREAS, the BID funds approximately one-third of West San Leandro Shuttle <br />Service, known as the LINKS Shuttle, administration and operational costs; and <br />WHEREAS, pursuant to state law, the City will submit protest ballots to business <br />owners within the BID, and hold a public hearing on March 16, 2009. <br />RESOLVED, that the City Council of the City of San Leandro declares as follows: <br />Section 1. Pursuant to Section 36540 of the California Streets and Highways Code, <br />and San Leandro Municipal Code Section 2.15.090, the City Council declares its intention to <br />form the West San Leandro Shuttle Business Improvement District (BID), and to adopt an <br />assessment to be imposed on qualified businesses within the BID. <br />Section 2. The boundaries of the territory to be included in the BID are set forth in <br />the Map, included in EXHIBIT A, attached hereto and incorporated herein by reference. The <br />proposed area includes all businesses within the boundaries of the BID. There shall be no <br />separate benefit zones within the BID. A true and correct copy of the Map is on file with the City <br />Clerk of the City of San Leandro. <br />Section 3. The types of activities proposed to be funded by the levy of assessments <br />on businesses in the BID include the LINKS shuttle service and related activities. <br />Section 4. Except where funds are otherwise available, the City Council intends to <br />levy an annual assessment on businesses in the BID to pay for a portion of the activities in the <br />BID. Businesses that have received a home occupation permit from the City to exclusively <br />conduct business from one's residence, businesses with five employees or fewer, and nonprofit <br />businesses falling under Internal Revenue Code section 501(c)(3) do not benefit from the <br />WSL Shuttle BID ROI Page I of 3 <br />