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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2011 -204 RESOLUTION ACCEPTING THE ANNUAL REPORT OF THE WEST SAN LEANDRO SHUTTLE BUSINESS IMPROVEMENT DISTRICT (BID) FISCAL YEAR 2011 -12 AND DIRECTING THE CITY MANAGER TO IMPOSE THE BID ASSESSMENT RATES INCREASED BY THE CONSUMER PRICE INDEX (CPI) WHEREAS, by Ordinance No. 2009 -002 adopted April 6, 2009, the City Council of the City of San Leandro established a Business Improvement Area known as the West San Leandro Shuttle Business Improvement District (the "BID ") to levy a benefit assessment on businesses within the BID, the proceeds of which shall be used for the public purposes therein described to benefit the businesses in the BID, pursuant to the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of Division 18 of the California Streets and Highways Code (the "Act "); and WHEREAS, as required by the Act, the City Council established an Advisory Board to prepare and submit an annual report on assessments levied and collected to pay the costs of the improvements and activities of the BID; and WHEREAS, the Advisory Board has met and reviewed the activities of the BID and the proposed assessment for the Fiscal Year 2011 -12; and WHEREAS, the Advisory Board has caused the preparation of the Annual Report of the West San Leandro Shuttle Business Improvement District Fiscal Year 2011 -12, a copy of which is attached, and hereby presents same to this Council; and WHEREAS, the Council is familiar with the contents thereof; and WHEREAS, the City Manager has recommended acceptance of said Annual Report which includes a recommendation to increase the BID base fee rate and the per employee assessment rate equal to the Consumer Price Index (CPI) which is equivalent to 1.4 percent. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: That said Annual Report is hereby accepted and the City Manager is hereby directed to impose the BID Assessment with an increase to the BID base fee rate and the per employee assessment rate by the CPI factor of 1.4% of $25.35 per business, plus $11.03 per employee, for businesses in the BID Area with greater than five employees, as recommended by the Advisory Board. Introduced by Councilmember Prola and passed and adopted this 5th day of December, 2011, by the following vote: