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File Number: 14-383 <br />WHEREAS, the BID funds approximately forty-five percent of West San Leandro <br />Shuttle 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 November 3, 2014. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />Pursuant to Section 36540 of the California Streets and Highways Code, and San <br />Leandro Municipal Code Section 2.15.090, the City Council declares its intention to form the <br />West San Leandro Shuttle Business Improvement District (BID), and to adopt an assessment <br />to be imposed on qualified businesses within the BID. <br />The boundaries of the territory to be included in the BID are set forth in the Map, <br />included in Exhibit A, attached hereto and incorporated herein by reference. The proposed <br />area includes all businesses within the boundaries of the BID. There shall be no separate <br />benefit zones within the BID. A true and correct copy of the Map is on file with the City Clerk <br />of the City of San Leandro. <br />The types of activities proposed to be funded by the levy of assessments on <br />businesses in the BID include the LINKS shuttle service and related activities. <br />Except where funds are otherwise available, the City Council intends to levy an annual <br />assessment on businesses in the BID to pay for a portion of the activities in the BID. <br />Businesses that have received a home occupation permit from the City to exclusively conduct <br />business from one’s residence, businesses with three employees or fewer, and nonprofit <br />businesses falling under Internal Revenue Code Section 501(c)(3) are exempt from the <br />proposed assessment and shall not be assessed. Further, businesses for which state or <br />federal law prohibits the City from imposing an assessment upon will likewise not be <br />assessed. <br />New businesses shall not be exempt from assessment in their first year pursuant to <br />Section 36531 of the California Streets and Highways Code. <br />The method and the basis for levying the annual assessment on businesses in the BID <br />is a fee of $21.00 per employee per year per business. Annually, the assessment may be <br />increased in an amount up to the increase, if any, of the Cost of Living Index for San <br />Francisco-Oakland-San Jose, All Urban Consumers. The assessment shall remain in effect <br />for fifteen (15) years, and expire December 31, 2029. <br />The City of San Leandro may contract with the San Leandro Transportation <br />Management Organization to provide the services specified above. <br />The City Clerk of the City of San Leandro is directed to give notice of the public <br />meeting and public hearing as provided in Section 54954.6 of the Government Code and <br />Sections 36523 and 36523.5 of the Streets and Highways Code. <br />Page 2 City of San Leandro Printed on 9/9/2014