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File Number: 14-510 <br />SECTION 1: Title 2, Chapter 15 is hereby deleted, and a new Chapter 15 is hereby <br />added to Title 2 of the San Leandro Municipal Code to read as follows: <br />2-15-010 Purpose. The purpose of this chapter is to establish the West San Leandro Shuttle <br />Business Improvement District. <br />2-15-020 Establishment of the District. Pursuant to the Act, a business improvement district <br />area is hereby created and established and designated as the “West San Leandro Shuttle <br />Business Improvement District” for the area located within one-quarter mile of the West San <br />Leandro Shuttle route excepting therefrom that area within one-half mile of the San Leandro <br />BART Station, as shown on the map attached as “Attachment A” and incorporated herein by <br />this reference into the ordinance codified in this Chapter. <br />2-15-030 Amendments. All businesses within the boundaries of the district established by <br />this Chapter shall be subject to any amendments of the Parking and Business Improvement <br />Area Law of 1989, codified as California Streets and Highways Code Sections 36500 et seq. <br />2-15-040 Assessment. The assessment is to be levied on all businesses, existing and future, <br />within the BID in the City of San Leandro based upon a fee of $21.00 per employee per year <br />per business. Annually, the assessment may be increased in an amount up to the increase, if <br />any, of the Cost of Living Index for San Francisco-Oakland-San Jose, All Urban Consumers. <br />Businesses that have a Home Occupation Permit, businesses with three (3) or less <br />employees, businesses that have received Internal Revenue 501(c)(3) tax-exempt status, and <br />businesses that are exempt from local assessments under State or Federal law are exempt <br />from the assessment. <br />2-15-050 Protests to Formation. All protests, both written and oral, are overruled and denied <br />and the City Council finds that there is not a majority protest within the meaning of Section <br />36525 of the Act. <br />2-15-060 Review of Annual Report. All of the assessments imposed pursuant to this Chapter <br />shall be reviewed by the City Council annually based upon the annual reports prepared by the <br />advisory board appointed pursuant to Sections 36530 and 36533 of the California Streets and <br />Highways Code. Pursuant to Section 36533(c), the City Council may approve the report as <br />filed by the advisory board or may modify any particular contained in the report and approve it <br />as modified. <br />2-15-070 Use of Assessments. No portion of the revenues from the assessments within the <br />district shall be used to provide improvements outside of the district for any purpose. The <br />assessments shall be used exclusively to fund the West San Leandro Shuttle, other related <br />transportation activities, and the administrative costs of collecting the assessment, or as <br />modified by the City Council pursuant to compliance with Sections 36534 and 36535 of the <br />California Streets and Highways Code. <br />2-15-090 Effective Period of Assessment. The assessment imposed by this Chapter shall <br />remain in effect for fifteen (15) years from the effective date of the ordinance codified in this <br />Chapter, unless sooner terminated, as provided in the Act. <br />Page 3 City of San Leandro Printed on 11/25/2014