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CITY OF SAN LEANDRO STAFF REPORT APPROVED AND FORWARDED TO CITY COUNCIL DATE: March 6, 2009 ~,~~~~ TO: Stephen L. Hollister, City Manager Stephen L. Hollister City Manager FROM: Luke Sims, Community Development Directo VIA: Cynthia Battenberg;~usiness Development Manager BY: Elmer Penaranda, Senior Development Specialist ~~%~ - SUBJECT PROJECT/PROJECT DESCRIPTION: MATTER OF CONSIDERATION OF AN ORDINANCE RE-ESTABLISHING THE WEST SAN LEANDRO SHUTTLE BUSINESS IMPROVEMENT DISTRICT SUMMARY AND RECOMMENDATION At the request of the San Leandro Transportation Management Organization (SUMO), the City Council adopted a Resolution of Intention (ROI) on February 2, 2009 (Resolution No. 2009- 014), declaring the City's intention to re-establish the West San Leandro Shuttle Business Improvement District (BID). In order to re-establish the BID, the City Council must hold a public hearing and tally the protest votes submitted by business owners within the BID, as provided for under the Parking and Business Improvement District Law of the California Streets and Highways Code (§36500 et seq.). At the conclusion of the public hearing, if the City receives protest ballots from affected business owners comprising 50% or more of the total assessments, the Council will not be able to re-establish the BID. If, however, the City receives protest ballots from less than 50% of the affected business owners, the Council can at its discretion approve the Ordinance and establish the BID. Should the City receive protest ballots from less than 50% of the affected business owners, staff recommends that the City Council adopt an Ordinance re-establishing the BID. This recommendation is based on the West San Leandro Shuttle Program (LINKS) continued success demonstrated by its steady ridership and high overall satisfaction with the service over the eight years of operation. BACKGROUND Analysis In September 2005, the City Council approved an ordinance to continue the West San Leandro Shuttle Business Improvement District. The BID assessment imposed by the ordinance was to sunset after four years, and on June 30, 2009 the BID expires. At the request of the SUMO, the City Council adopted a ROI on February 2, 2009, declaring the City's intention to re-establish the BID at the current rates for afive-year term. The purpose of the proposed BID assessment is to fund approximately one-third of the operating costs for the