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<br />9 <br /> <br />a newly formed nonprofit entity. An owners' association is a private entity and may not <br />be considered a public entity for any purpose, nor may its board members or staff be <br />considered to be public officials for any purpose.” <br /> <br />Disestablishment: <br />California State Law, Section 36670 provides for the disestablishment of a District. Provisions <br />for annual disestablishment of the CBD are provided for in the local CBD ordinance through <br />Section 36600 of the California Streets and Highway Code. Property owners dissatisfied with <br />the results, management or quality of the services may petition the City Council to disestablish <br />the CBD, in the same method in which they petitioned the City Council to establish the District. <br />Section 36670 states: <br /> <br />“2) During the operation of the district, there shall be a 30 -day period each year in which assessees may <br />request disestablishment of the district. The first such period shall begin one year after the date of <br />establishment of the district and shall continue for 30 days. The next such 30 -day period shall begin two years <br />after the date of the establishment of the district. Each successive y ear of operation of the district shall have <br />such a 30-day period. Upon the written petition of the owners of real property or of businesses in the area who <br />pay 50 percent or more of the assessments levied, the city council shall pass a resolution of inten tion to <br />disestablish the district. The city council shall notice a hearing on disestablishment. <br /> <br /> (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing <br />required by this section. The resolution shall state the reason for the disestablishment, shall state the time and <br />place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of <br />the assessments levied within the property and business improvemen t district. The notice of the hearing on <br />disestablishment required by this section shall be given by mail to the property owner of each parcel or to the <br />owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public <br />hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing <br />shall be held not more than 60 days after the adoption of the resolution of intention.” <br /> <br />Upon the termination of the previous District, any remaining revenues shall be transferred to <br />the renewed District, if one is established, pursuant to Streets and Highways Code Section <br />36660(b). Unexpended surplus funds will be returned to property owners based upon each <br />parcels percentage contribution to the previous fiscal year’s assessments if the District is not <br />renewed. <br /> <br />Government Assessments: <br />The Downtown San Leandro CBD Management Plan assumes that the City of San Leandro, the <br />Successor Agency and other government entities will pay assessmen ts for the public property <br />within the boundaries of the District. Article XIII D, Section 4 of the California Constitution was <br />added in November of 1996 to provide for these payments. <br /> <br />Parcels owned by the City of San Leandro, controlled by the Successor Agency, the State of <br />California, the San Leandro City Unified School District, BART and the County of Alameda shall <br />receive benefits, commensurate with the assessments paid into the Downtown San Leandro <br />CBD. The publicly owned parcels are presumed to benefit equally to the privately owned <br />parcels for the special benefits provided.