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